Terms and Conditions

I.

Basic provisions

These general terms and conditions (hereinafter referred to as "terms and conditions") are issued pursuant to § 1751 et seq. Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code")

Mgr. Martina Kadlčková

ID: 03688381

VAT number: CZ8655095790

registered office: Vítězná 1022/16, Rohatec, 696 01

contact information:

e-mail: bloomingdesign.cz@gmail.com

phone: +420 731 113 505

website: www.bloomingdesign.cz

no. in EUR 2301931465/2010, maintained at Fio Bank

IBAN:
CZ90 2010 0000 0023 0193 1465

(hereinafter referred to as "seller")

These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside of his business activity as a consumer, or within the framework of his business activity (hereinafter referred to as the "buyer") through the web interface located on the website available at the Internet address www .bloomingdesign.cz (hereinafter referred to as "online store").
The terms and conditions are an integral part of the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
These terms and conditions and the purchase contract are concluded in English.

II.

Information about goods and prices

Information about the goods, including the prices of the individual goods and their main features, is given for the individual goods in the catalog of the online store. The prices of goods are listed including value added tax. The prices of goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.

The goods are sold by pieces (pieces), when the given product is clearly marked as to whether it is 1 stem or one bunch of the given plant.

All the presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

Information about costs associated with packaging and delivery of goods is published in the online store. The information on the costs associated with the packaging and delivery of the goods listed in the online store are valid within the countries that are available in the transport selection.
Possible discounts from the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

III.

Order and conclusion of purchase contract

The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.
The buyer orders the goods in the following ways:

through your customer account if you have previously registered in the online store
by filling out the order form without registration.

When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
Before sending the order, the buyer is allowed to check and change the data he entered in the order. The data given in the order are considered correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has familiarized himself with these terms and conditions.

Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when placing the order. This confirmation is automatic and does not constitute a contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded only after the seller accepts the order. The order acceptance notification is delivered to the buyer's e-mail address.
If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in that case by the buyer's confirmation of acceptance of this offer to the seller at his e-mail address specified in these terms and conditions.
All orders accepted by the seller are binding. The buyer can cancel the order max. 2 hours after sending it. The buyer can cancel the order by phone at the seller's phone number or e-mail indicated in these terms and conditions.
In the event that there was an obvious technical error on the part of the seller when specifying the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer about the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in that case by confirmation of acceptance by the buyer to the seller's e-mail address.

IV.

Customer account

Based on the buyer's registration in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can order goods even without registration.
When registering for a customer account and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data in the user account in case of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information needed to access his customer account. This information is subject to the Personal Data Protection Act. The buyer is therefore not authorized to allow the use of the customer account by third parties, but is not responsible for any misuse of the customer account by third parties.

The seller can cancel the user account, especially if the buyer does not use his user account for a longer period of time, or if the buyer violates his obligations under the purchase contract or these terms and conditions.
The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

V.

Payment conditions and delivery of goods

The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:

- by cashless transfer to the seller's bank account in EUR IBAN: CZ90 2010 0000 0023 0193 1465, maintained at Fio Banka
- cashless using the ComGate payment gateway directly in the e-shop

Along with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
In the case of non-cash payment, the purchase price is payable within 3 days from the conclusion of the purchase contract.
In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods are shipped is not a deposit.
According to the Sales Registration Act, the seller is obliged to issue a receipt/invoice to the buyer.
The goods are delivered to the buyer:

- to the address specified by the buyer in the order
- through the dispatch office of shipments to the address of the dispatch office specified by the buyer
- after telephone/e-mail agreement and advance payment to the seller's account, it is possible to pick up the goods in person at the warehouse at Vítězná 11, Rohatec

The choice of delivery method is made during the ordering of goods.
The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's confirmation of the order.
When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
The seller issues a tax document - invoice to the buyer. The tax document is sent to the e-mail address of the buyer. / The tax document is attached to the delivered goods.
The buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but first by receiving the goods.
Responsibility for accidental destruction, damage or loss of goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.

VI.

Withdrawal from the contract/Complaints procedure

The buyer, who concluded the purchase contract outside of his business activity as a consumer, has the right to withdraw from the purchase contract.
The deadline for withdrawing from the contract is 14 days from the day of receipt of the goods.

In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
Withdrawal from the purchase contract shall be sent by the buyer to the e-mail or delivery address of the seller specified in these terms and conditions. The seller will immediately confirm the acceptance of the withdrawal from the contract to the buyer.
The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract. The buyer bears the costs associated with returning the goods to the seller.
If the buyer withdraws from the contract, the seller will immediately, but no later than within 14 days from the withdrawal from the contract, return the price paid for the ordered/returned goods. The seller will return the funds received to the buyer's bank account.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the seller receives the goods.
The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging.
The seller is entitled to withdraw from the purchase contract due to sold-out stocks, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped production or importation of the goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns, within 14 days from the notification of withdrawal from the purchase contract, all funds, including delivery costs, that he received from him under the contract, in the same way.

In the event that a consumer dispute arises between us and the consumer from a purchase contract or from a contract for the provision of services, which cannot be resolved by mutual agreement, the consumer can submit a proposal for an out-of-court settlement of such a dispute to a designated entity for out-of-court resolution of consumer disputes, which is

Czech Trade Inspection
Central Inspectorate - ADR department
Štefanská 15
120 00 Prague 2

Email: adr@coi.cz
Web: adr.coi.cz

The consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr

VII.

Rights from defective performance

The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that, at the time the buyer took over the goods, the goods have the properties agreed upon by the parties, and if there is no agreement, they have the properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and based on their advertising carried out

the goods are suitable for the purpose for which the seller indicates their use or for which goods of this type are usually used,
the quality or design of the goods corresponds to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
is the goods in the corresponding quantity, measure or weight and
the goods comply with the requirements of legal regulations.

The seller has obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance last. The buyer is otherwise entitled to exercise the right from a defect that occurs with consumer goods within twenty-four months of receipt.
The provisions stated in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was negotiated, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear and tear the goods had when they were taken over by the buyer , or if it follows from the nature of the goods. The right from defective performance does not belong to the buyer, if he knew before taking over the goods that the goods had a defect, or if the defect was caused by the buyer himself.
In the event of a defect, the buyer can submit a complaint to the seller and demand an exchange for new goods, an appropriate discount on the purchase price, or withdrawal from the contract.

The buyer has the right to withdraw from the contract

- if the goods have a substantial defect
- unless he cannot use the item properly due to the repeated occurrence of a defect or defects after repair
- in case of a greater number of product defects

A material breach of contract is one which the breaching party already knew or should have known at the time of concluding the contract, that the other party would not have concluded the contract if it had foreseen this breach.
In the case of a defect that means an insignificant breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the removal of the defect or an adequate discount from the purchase price.
If a removable defect has occurred repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or the goods have a greater number of defects (usually at least three defects at the same time), the buyer has the right to apply for a discount on the purchase price, exchange the goods or withdraw from the contract.
When making a complaint, the buyer is obliged to inform the seller of the right he has chosen. Changing the choice without the consent of the seller is possible only if the buyer requested the repair of a defect that turns out to be irreparable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as for a non-material breach of contract.
If the repair or replacement of the goods is not possible, the buyer may request a refund of the purchase price based on withdrawal from the contract.
If the seller proves that the buyer knew about the defect in the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer's claim.
The buyer cannot claim discounted goods for the reason for which the goods are discounted.
The seller is obliged to accept the complaint in any operation where receiving the complaint is possible, or even at the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer of when the buyer exercised the right, what the content of the claim is and what method of settlement of the claim the buyer requires, as well as a confirmation of the date and method of settlement of the claim, including a confirmation of the repair and its duration, or a written justification rejection of the claim.
The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The complaint, including the removal of the defect, must be dealt with immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of application of the complaint is considered to be the moment when the buyer's will is manifested (invoking the right from defective performance) to the seller.
The seller informs the buyer in writing about the outcome of the complaint.
The right from defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.
In the case of a justified complaint, the buyer is only entitled to a refund of the purchase price.
The buyer has the choice of the complaint method.
The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on consumer protection.

VIII.

Delivery

The contracting parties may deliver all written correspondence to each other via electronic mail.
The buyer delivers the correspondence to the seller to the e-mail address specified in these terms and conditions. The seller delivers correspondence to the buyer to the e-mail address specified in his customer account or in the order.

IX.

Personal information

All information provided by the buyer when cooperating with the seller is confidential and will be treated as such. Unless the buyer gives written permission to the seller, the seller will not use the buyer's data in any other way than for the purpose of fulfilling the contract, except for the e-mail address to which business notifications can be sent, because this procedure is allowed by law, unless expressly refused. These notifications can only concern similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, e-mail or clicking on a link in a commercial notification). For this purpose, the e-mail address will be kept for a period of 3 years from the conclusion of the last contract between the contracting parties.

Final provisions

All arrangements between the seller and the buyer are governed by the legal order of the Slovak Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights resulting from generally binding legal regulations.
In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 par. 1 letter e) of the Civil Code.
All rights to the seller's website, especially copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative impact on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
The buyer hereby assumes the risk of a change in circumstances in accordance with § 1765 par. 2 of the Civil Code.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The wording of the terms and conditions can be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

These terms and conditions enter into force on 9 August 2022.