Terms & conditions
GENERAL TERMS AND CONDITIONS OF BUSINESS
Fiveseedsbank s.r.o., commercial company
(hereinafter referred to as "Company" or "Seller")
with registered office at Tržiště 372/1, 118 00 Praha 1 - Malá Strana
ID: 025 96 008
registered in the Commercial Register maintained by the Municipal Court in Prague, section C, insert 221150 for the sale of goods through the internet shop, located at
I. INTRODUCTORY PROVISIONS
1. These General Terms and Conditions govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code, the mutual rights and obligations of the parties arising out of or in connection with the Purchase Agreement concluded between the Seller and another person, (hereinafter: the Buyer") via the Seller's internet shop (hereinafter "e-shop"). The e-shop is operated by the Seller on a web site located at www.5semen.cz (hereinafter referred to as the "website").
2. Provisions derogating from these Terms and Conditions may be negotiated in the sales agreement. Distinctive arrangements in the sales agreement take precedence over the provisions of these Terms and Conditions.
3. The Seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and conditions.
II. CLOSING OF THE BUYER'S AGREEMENT, SUPPLY OF GOODS, PAYMENT CONDITIONS
1. Each order is binding on the Buyer. The Purchase Agreement is concluded by the delivery of the Seller's confirmation of receipt of the order. By posting the order, the Buyer agrees to these General Terms and Conditions.
2. These General Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the General Terms and Conditions are originally drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
3. The Seller is always entitled to ask the Buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
4. Buyer agrees to use remote communication means when making a Purchase Agreement. Costs incurred by the Buyer when using remote communication means for the conclusion of the Purchase Agreement (costs of internet connection, telephone call costs) are borne by the Buyer.
5. Together with the purchase price, the Buyer is also required to pay the Seller the costs associated with the packaging and delivery of the goods at the agreed rate.
The purchase price includes the costs associated with the delivery of the goods, unless explicitly specified otherwise.
6. The Buyer may choose one of the following methods of delivery:
a) personal pick-ups at the Seller's premises;
b) sending to the address of the Buyer via the Czech Post (cash on delivery or so called "parcel in hand"), or another available transport company.
7. The Buyer may pay the price of the goods to the Seller in the following ways:
a) in cash at the Seller's premises in the case of personal pick-up;
b) cash on delivery;
c) payment by bank transfer to the bank account of the Seller No. 263 733 599/0300 kept with ČSOB for payment in CZK or to bank account No. 263 733 775/0300 kept with ČSOB for payment from abroad in EUR and the goods will be dispatched to the Seller, what will be credited to this bank account by the Buyer in the full amount of the purchase price. Instructions for payment are part of your order (IBAN, BIC). To indicate your payment, provide the order number as a variable symbol!
d) cashless via the PayPal payment system;
e) cashless by credit cards VISA, MasterCard or other.
III. WITHDRAWAL FROM THE AGREEMENT
1. The Buyer acknowledges that, pursuant to Section 1837 of the Czech Civil Code, a withdrawal from the Purchase Agreement for the Supply of Goods is not possible in case that
a) the products have been custom-modified according to the Buyer's own wish;
b) the delivery consists of perishable goods
c) the delivery consists of goods which have been irreversibly mixed with other goods;
d) the delivery consists of goods in sealed packaging which the Buyer has removed from the packaging and it cannot be returned for hygienic reasons.
2. The Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Czech Civil Code within 14 (fourteen) days after receipt of the goods. If the Purchase Agreement covers several types of goods or a delivery in several instances, this period runs from the date of the last receipt.
3. In the case of withdrawal from the Purchase Agreement pursuant to Article III. paragraph 2, of these General Terms and Conditions, the Purchase Agreement is null and void. The goods must be returned to the Seller within 14 (fourteen) days from the withdrawal date. The Buyer is obliged to return the goods undamaged, in their original packaging and with complete (with manual, warranty card and complete accessories). If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods for their nature, cannot be returned by the usual postal route.
4. In case of withdrawal under Article III. (2) of the General Terms and Conditions, the Seller shall return the funds received from the Buyer within 14 (fourteen) days after withdrawal from the Purchase Agreement in the same manner as the Seller has received them from the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods have been dispatched to the Seller.
5. The Seller is entitled to indemnify unilaterally the claim for damages arising from the goods returned against the Buyer's claim for repayment of the purchase price.
V. CONTRACTUAL PENALTY, OTHER ARRANGEMENTS
1. If the Buyer does not pick up the goods ordered by him / her, sent by cash-on-delivery, he / she is obliged to pay the Seller a contractual fine of CZK 500, which includes compensation of the Seller for the costs of shipping.
2. All information and illustrations, texts and general content on the 5semen.cz website and links are the property of Fiveseedsbank and without the written consent of the company, their further use and dissemination is forbidden. Any copyright infringement of the Company will be enforced under the applicable copyright law.
3. Buyer acknowledges that the Seller collects all outstanding receivables through a debt recovery company.
VI. PERSONAL DATA PROTECTION
1. The protection of the Buyer's personal data, which is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
2. The Buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address and telephone number.
3. The Buyer agrees to the processing of his personal data by the Seller for the sole purpose of safeguarding the rights and obligations of the Purchase Agreement and maintaining a User Account.
4. The Buyer acknowledges that he / she is obliged to state his / her personal information (when registering, in his / her user account, when making an order from the website 5semen.cz correctly and truthfully.
5. Except the persons transporting the goods, personal data shall not be passed on to any third party by the Seller without the Buyer's prior consent.
6. The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
VII. RESPONSIBILITY OF THE SELLER
1. The Seller is not responsible for the consequences of misuse of the goods sold in this online store. The information and goods provided here are solely for the personal needs of the Buyer.
Regarding purchases of cannabis seeds, it must be observed, that the seeds provided may only be used for research-, scientific-, study-purposes, collectables, or as food ingredient.
Cannabis cultivation is regulated by law, whose breaching may result in misdemeanor or criminal offense. The cultivation of cannabis in the territory of the Czech Republic may only be exercised by authorized (licensed) natural or legal persons within the meaning of Section 29 of Act No. 167/1998 Coll. (up to 0.3% THC), or under the Ministry of Health's authorization to handle addictive substances together with licenses granted by the State Institute of Drug Control.
Authorization for handling (licence) is not required forthe activity of legal or natural persons establishing forensic toxicological laboratories, laboratories of health institutes, specialized diagnostic-, scientific- and research laboratories under institutions of higher education and specialized diagnostic- and research-institutions of the Czech Academy of Sciences, the list of which is issued by the Ministry of Health by decree. An application for inclusion in this list and a request for change of the data listed shall be submitted on a form issued by the Ministry of Health.
Authorization for handling (licence) is not required forpersons operating a pharmacy who acquire, dispose and store the addictive substances listed in Annexes 3 and 4 of the Government Order on the list of addictive substances for the purpose of supplying them to the persons mentioned above. The Ministry of Health may set forth by decree other cases where handling of addictive substances and preparations does not require a handling permit (licence).
2. By sending the order, the Buyer confirms that he / she is over 18 years of age and ordered the goods exclusively for the above purposes, exclusively for his / her person. The Seller is not responsible for violations by Buyers and does not encourage anyone to violate the law. If suspected that the Buyer has ordered the goods for purposes other than declared, or in contravention of Article VII. Paragraph 1 of these General Terms and Conditions, and could lead to violation of law, the Seller reserves the right to withdraw from the transaction without undue delay after learning about it.
3. the Seller expressly recommends to its esteemed customers, before first ordering cannabis seeds, to carefully familiarize themselves with the laws and regulations of the state in which they intend to order the goods. The Seller cannot and does not intend to take responsibility for the acts of those who, in their actions, violate the laws and regulations in force in their jurisdictional territory. Seeds of cannabis plants in jurisdictions where cannabis cultivation is illegal may be kept exclusively as a collectable.
4. The operator of this e-shop disclaims any responsibility for any potential damage to the health of the unreasonable consumption of chili from the online store offer.
These Terms and Conditions are in vigor since April 1, 2014