Term and Conditions of service

The company: International Centre for Cannabis Therapy s.r.o.

Registered office location: Na poříčí 1045/22, Praha – Nové Město, 110 00
Identification number (IČ): 049 97 778

Registered in the commercial register kept by Prague, section C, insert 256799 for sale of goods via online store Located on the internet at: SHOPHEMPE.COM

1. INTRODUCTORY CLAUSE

1.1.      These Terms and conditions (the "Terms and Conditions") of the company International Centre for Cannabis Therapy s.r.o., having its registered office at Na poříčí 1045/22, Praha – Nové Město, 110 00, identification number: 049 97 778, registered in the commercial register kept in Prague, section C, insert 256799 (hereinafter referred to as "The seller ") govern in accordance with section § 1751 of paragraph 1 of Act No. 89/2012 Sb., the Civil Code, as amended (the "Civil Code"), the mutual rights and obligations of the Parties arising in connection with or on the basis of a purchase contract ("Purchase contract") concluded between the seller and another by a natural person ("buyer") through the seller's online store. The online store is operated by the seller on a website located on the Internet at: SHOPHEMPE.COM (the "website") through the website interface (the "Web interface of the store").

1.2. The terms and conditions shall not apply to cases where the person intending to purchase the goods from the seller, is a legal person or person acting in ordering the goods, in the course of their business or in their independent pursuit of the profession.

1.3. Provisions deviating from the terms and conditions may be agreed to in a sales contract. The derogating arrangements in the contract of sale shall prevail over the provisions of these terms and conditions.

1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech and English language. The purchase contract may be concluded in the Czech or English language. The terms and conditions in the Czech language shall prevail over all other languages.

1.5 The seller may amend or amend the wording of the terms and conditions. This provision shall not affect the rights and obligations arising during the effective period of the previous version of the business terms.

2. USER ACCOUNT

2.1.      Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (the "user account"). In the event that the Web interface of the store allows, the buyer can also order goods without registering directly from the Web interface of the store.

2.2. When registering on the website and when ordering the goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account upon any change. The information provided by the buyer in the user account and when ordering the goods is considered correct by the seller.

2.3. Access to the user account is secured by a user name and password. The buyer must maintain confidentiality regarding the information necessary to access his/her user account.

2.4. The buyer is not entitled to allow use of the user account to third parties.

2.5. The seller may terminate the user's account, in particular if the buyer does not use his user account for more than 24 months or if the buyer breaches its obligations under the purchase contract (including the terms and conditions).

2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the seller, or necessary maintenance of hardware and software equipment of third parties.

 

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentations of goods placed in the Web interface of the store are of an informative nature and the seller is not obliged to conclude a purchase contract for such goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

3.2. The store's web interface shall contain information about the goods, including the indication of the prices of the individual goods and the cost of returning the goods, if such goods cannot by their nature be returned by the usual postal route. The prices of the goods are listed including the value added tax and all related charges. The prices of the goods remain valid as long as they are displayed on the Web interface of the store.  This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated terms.

3.3. The store's web interface also contains information about the costs associated with packaging and delivery of the goods. Information on the costs associated with packaging and delivery of goods specified in the Web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic. Costs associated with packaging and delivery of goods outside the Czech Republic may vary with final delivery location.

3.4. To order goods, the buyer fills the order form in the Web interface of the store. The order form contains in particular information on:

3.4.1. Ordered goods (the ordered goods "put" the buyer in the electronic shopping cart web interface of the store),

3.4.2. Method of payment of the purchase price of the goods, details of the requested method of delivery of the ordered goods and

3.4.3. Information on costs associated with the delivery of goods (hereinafter collectively referred to as "order").

3.5. Before sending the order to the seller, the buyer is allowed to check and change the information entered by the buyer, even with regard to the possibility of the purchaser to detect and correct errors arising when entering data into the order.  The buyer sends the order to the seller by clicking on the "Submit Order" button. The information given in the order is considered correct by the seller. Immediately upon receipt of the order, the seller confirms such receipt to the buyer by electronic mail, at the e-mail address of the purchaser specified in the user account or in the order (hereinafter referred to as the "electronic address of the purchaser").

3.6. The seller is entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (e.g. in writing by e-mail or by telephone).

3.7. The contractual relationship between the seller and the buyer arises when the order is received and accepted (acceptance) by the seller and the order, which is sent by the seller to the buyer, by electronic mail, at the e-mail address provided by the purchaser.

3.8. Buyer agrees to use distance communication when concluding a purchase contract. Costs incurred by the purchaser in using distance communication in connection with the conclusion of the purchase contract (Internet connection costs, telephone costs) are borne by the purchaser himself, and these costs do not differ from the basic rate.

 

4. PRICE OF GOODS AND PAYMENT TERMS

4.1.      The buyer may pay the price of goods and any costs associated with the delivery of goods according to the purchase contract in the following ways:

On- Line Card Payment via: “Wire Card” card service

 

4.2. Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods shall be understood.

4.3 The seller does not require a deposit or other similar payment from the buyer. This shall be without prejudice to article 4.6 The terms and conditions regarding the obligation to pay the purchase price in advance.

4.4. The purchase price is due within 3 days of the conclusion of the purchase contract.

4.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of payment. In case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled upon crediting the seller's account.

4.6. The seller is entitled, in particular if the buyer does not provide additional confirmation of the order (art. 3.6), require payment of the entire purchase price before the goods are shipped to the buyer. The provisions of § 2119 para. 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

4.8. If it is customary in the course of trade or if provided for by generally binding legal regulations, the seller shall issue a tax document – Invoice for payments made on the basis of the purchase contract. The seller is not a payer of value added tax. Tax Document – The invoice is issued by the seller to the buyer after the goods are paid in full and received by the buyer. The invoice is sent in electronic form to the buyer's e-mail address.

4.9. According to the law on Sales records, the seller is obliged to issue a receipt to the purchaser. At the same time, he is obliged to register the received sales with the tax administrator online; In case of technical outage, not later than 48 hours.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The buyer acknowledges that, pursuant to section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract: for the supply of goods which have been adjusted according to the buyer's wishes or for his person, for the delivery of perishable goods as well as items which have been irrecoverably mixed with other goods after delivery, for the supply of sealed goods, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return it and for the delivery of audio or video recordings or Computer programs if it has violated their original packaging.

5.2. If this is not the case referred to in article 5.1. The buyer shall, in accordance with the provisions of § 1829 para. 1 Civil Code the right to withdraw from the purchase contract, within fourteen (14) days of receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the purchaser must use the return form provided by the seller, which is annexed to the terms and conditions. The buyer must send the withdrawal from the purchase contract to the e-mail address of the seller at: info@shophempe.com.

5.3. In the event of withdrawal from the sales contract pursuant to article 5.2 The purchase agreement is cancelled from the outset. Goods must be returned to the seller within fourteen (14) days of receipt of the withdrawal from the sales contract to the seller. If the purchaser resigns from the purchase contract, the purchaser bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by their nature by the usual postal route.

5.4. In the event of withdrawal from the sales contract pursuant to art. 5.2 The Seller shall return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer in the same manner as the seller has accepted them from buyer provided buyer has no additional claims of expense against seller. If the buyer resigns from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods were sent to the seller.

5.5. The seller is entitled to unilaterally count against the buyer's claim for reimbursement of the purchase price.

5.6. In cases where the buyer has in accordance with the provisions of § 1829 para. 1 Civil Code right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time, until the time of receipt of the goods by the buyer. In this case, the seller will return the purchase price to the buyer without undue delay, in a non-cash account specified by the buyer.

5.7. If, together with the goods, a gift is provided to the buyer, the donation contract between the seller and the buyer is concluded with a waiver condition that if the purchase contract is withdrawn by the purchaser, the gift contract for such an effect is lost and The buyer must return the provided gift with the goods to the seller.

6. TRANSPORT AND DELIVERY OF GOODS

6.1.      In the event that the method of transport is contracted on the basis of a special request by the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If the seller under the purchase contract is obliged to deliver the goods to the place specified by the buyer on the order, the buyer is obliged to take the goods on delivery.

6.3. If, for reasons on the buyer's part, the goods have to be delivered repeatedly or in a manner other than that indicated in the order, the buyer is obliged to reimburse the costs associated with the re-delivery of the goods or the costs associated with other means of delivery.

6.4. When accepting goods from the shipper, the buyer must check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized intrusion into the consignment, the buyer may not accept the shipment from the shipper. This does not affect the buyer's rights of liability for defects in goods and other rights of the buyer resulting from generally binding legal regulations.

6.5. Other rights and obligations of the parties in the carriage of goods may modify the special delivery conditions of the seller if they are issued by the seller.

7. RIGHTS DUE TO DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the Contracting Parties concerning the rights arising from defective performance shall be governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, Amended).

7.2. The seller is responsible to the purchaser that the goods are not defective upon receipt. In particular, the seller is responsible to the buyer that at the time the purchaser took over the goods:

7.2.1. The goods have the characteristics which the parties have negotiated and, if the arrangement is absent, has the characteristics which the seller or the manufacturer has described or which the buyer has expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

7.2.2.   The goods are suitable for the purpose which the seller mentions or to which goods of this kind are normally used.

7.2.3.   The goods conform to the quality or execution of the contracted sample or draft, if the grade or design was determined according to the agreed sample or document.

7.2.4.   The goods are in the appropriate quantity, scale or weight.

7.2.5.   Complies with the requirements of the legislation.

7.3. If the defect occurs within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.

7.4. The seller has obligations from defective performance at least to the extent that the obligations arising from defective performance of the manufacturer are maintained. The buyer is otherwise entitled to claim the right of defects occurring in the consumer goods during the twenty-four months after receipt. If the goods to be sold on its packaging, in the instructions attached to the goods or in advertising in accordance with other legislation, the period during which the goods may be used is indicated, the provisions on the quality guarantee shall apply.  The seller undertakes to guarantee that the goods will be fit for normal use for a specified period of time or that they retain the usual characteristics.  If the Buyer has rightfully complained to the Seller of the defect of the goods, the period for exercising the rights from defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective goods.

7.5. The provisions stated in Article 7.4 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear of the goods caused by its normal use by the buyer or if it results from the nature of the goods. The Buyer shall not be entitled to any defective performance if the Buyer knew that the goods had a defect or if the Buyer himself caused the defect.

7.6. Rights from liability for defects of the goods shall be exercised by the Seller. However, if the certificate issued to the Seller regarding the scope of the liability rights for defects (within the meaning of Section 2166 of the Civil Code) states another person to be repaired, which is closer to the Seller or the Buyer, who is to repair. Except in cases where another person according to the previous sentence is intended to carry out the repair, the seller is obliged to accept the complaint in any establishment, where acceptance of the complaint is possible with respect to the assortment of products or services sold, possibly also in the registered office or place of business. The Seller is obliged to give the Buyer a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; and confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the Seller for repair.

7.7. The Buyer can specifically claim rights of liability for defects of goods by e-mail at info@shophempe.com.

7.8. The Buyer shall inform the Seller of the right it has chosen at the time of the defect notification or without undue delay after the defect has been noted. The Buyer cannot change the choice made without the Seller's consent; this does not apply if the buyer asked for repair of the defect, which proves to be irreparable.

7.9. If the goods do not have the characteristics specified in Article 7.2 of the Terms and Conditions, the Buyer may also demand the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect. The Buyer has the right to deliver new goods or to replace a part even in the case of a removable defect, if he cannot properly use the goods for repeated occurrence of the defect after repair or for a larger number of defects. In this case, the buyer has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may claim a reasonable discount. The Buyer shall be entitled to a reasonable discount even if the Seller cannot deliver new goods without defects, replace its parts or repair the goods, or if the Seller fails to rectify the goods within a reasonable time or if the Buyer has remedied the problems.

7.10. Other rights and obligations of the parties relating to the seller's liability for defects may modify the seller's complaint rules.

 

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1.      The purchaser acquires ownership of the goods by paying the entire purchase price.

8.2 The seller is not bound by any codes of conduct within the meaning of § 1826 para. (1) (e) The Civil Code.

8.3. Consumer complaint handling is ensured by the seller through an electronic address: info@shophempe.com. The seller will send the buyer's complaint to the buyer's e-mail address.

8.4. An extrajudicial settlement of consumer disputes arising from the purchase contract is the relevant Czech Trade Inspection office, located at: Štěpánská 567/15, 120 00 Praha 2, Company ID: 000 20 869, internet address: https://adr.coi.cz/cs.  The online Dispute resolution platform located on the internet at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the seller and the buyer from the purchase contract.

8.5. European Consumer Centre Czech Republic, with its registered office Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer dispute resolution online).

8.6. The seller is entitled to sell the goods on the basis of a trade license. The commercial control is carried out within its remit by the competent trade office. Supervision of personal data protection is exercised by the Office for Personal data protection. The Czech Trade Inspectorate carries out, to the extent specified, supervision of compliance with Act No. 634/1992 Coll., on Consumer protection, as amended.

8.7. The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para. 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. Its obligation to inform the purchaser within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) hereinafter referred to as the “GDPR Regulation”) relating to the processing of Buyer's personal data for the purpose of performance of the Purchase Agreement, for the purpose of negotiating the Purchase Agreement and for the fulfillment of Seller's public obligations.

 

10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

10.1. The buyer agrees in accordance with § 7 para. 2 of Act No. 480/2004 Coll., on certain information society services and amending Certain Acts (Act on Certain Information Society services), as amended, with the sending of commercial communications by the seller to the e-mail address or Telephone number of the buyer. Its information obligation to the buyer within the meaning of art. 13 of the GDPR relating to the processing of buyer's personal data for the purpose of sending commercial communications to the seller by means of a separate document. 

10.2. The buyer agrees to the storage of the Cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations to fulfill the purchase contract, without the imposition of the so-called. Cookies on the buyer's computer, buyer may revoke the consent under the previous sentence at any time.

11. DELIVERY

11.1. It may be delivered to the Buyer at the Buyer's email address.

12. FINAL PROVISIONS

12.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law referred to in the preceding sentence shall not deprive the consumer of the protection afforded by provisions of the law which cannot be contractually derogated from and which would otherwise apply in the absence of a choice of law under Article 6 (1) of the (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of the terms and conditions is invalid or ineffective, or becomes, in lieu of invalid provisions, the provision whose meaning is invalid provision approximates as closely as possible. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.4. A standard form for withdrawal from the purchase contract is attached to the Terms and Conditions.

12.5. Seller's contact details: e-mail address: info@shophempe.com.

 

Prague 1.1.2020  

 

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