Terms and Conditions
Holandské květni s.r.o., registered office: Náchodská 137, Prague 9 - Horní Počernice
Company ID: 27111555, VAT ID: CZ27111555|| |270
1. Basic Provisions
These sales and delivery terms (hereinafter referred to as terms) are an integral part of all purchase contracts concluded using the internet by the seller (Holandské květni s.r.o., hereinafter referred to as "the seller") for the supply of flowers offered on its websiteoihana.info and shop.holandskekvetiny.cz.
2. Order
1. Orders are placed by the customer via email using the website. Orders can also be placed in writing or by phone, with written form including orders by fax.
2. The purchase contract is concluded based on the order by delivering the goods.
3. The order must contain the following details:
• type of goods, required quantity, and modification
• maximum price (if using "custom selection")
• name (company), address of the customer
• desired delivery date and place of delivery (name/company, address of the recipient), if the recipient is different from the customer
• phone number, email, and possibly fax of the customer and recipient
3. Delivery Time
For the delivery of goods, the general delivery term is within 24 hours from receiving the order. The seller can agree on an individual delivery time with the customer (express delivery can be arranged). Delivery means delivery to the specified location. If the customer requests special individual modifications of the goods, the delivery term will be determined during the discussion of these modifications considering their complexity.
4. Subject of Performance
The range of goods can be found on the above-mentioned website under individual items in the e-sales section.
5. Price of Goods
The prices of goods are determined by the price list valid on the day the order is received. The price list price means the price including VAT. The seller reserves the right to change the price lists, but cannot change the price after the order has been placed. For non-standard customer requests for the composition and modification of goods using "custom selection," the price is determined by an individual calculation based on the customer's requirements and the prices of individual components listed in the price list, with the total price (excluding transportation) not exceeding the maximum price stated in the order. If the specified maximum price cannot be achieved considering the selected parameters (the calculated price exceeds the specified maximum price), the seller must inform the customer immediately and request their decision.
6. Payment Terms
1. Payment for the goods, including transportation, is made by the customer at the time of order confirmation according to the offered options (PayU, credit card, payment at the store).
2. For special individually requested modifications, a 50% advance payment of the estimated total price is required upon ordering the goods. This advance payment is included in the total purchase price.
3. In exceptional cases determined by the seller, the price is paid by non-cash transfer to the seller's account.
7. Transfer of Ownership, Risk of Accidental Loss
1. The buyer acquires ownership of the goods by paying the full purchase price.
2. The risk of damage to or accidental loss of the goods passes to the buyer upon delivery of the goods to the specified location.
8. Transportation
1. Transportation is provided by the seller at the customer's expense, unless the customer explicitly states in the order that they will pick up the goods or arrange transportation themselves.
2. For transportation of goods by the seller within Prague, a flat fee of 199 CZK including VAT is charged, for transportation outside Prague, the price will be automatically calculated upon order based on the delivery address.
3. The transportation fee is payable in the same manner as the price of the goods.
9. Liability for Defects, Complaints
1. Due to the nature of the delivered goods, which are perishable, the seller is only responsible for defects existing at the time of delivery (receipt) of the goods.
2. The buyer must immediately report any defects in the quality and quantity of the delivered goods upon receipt. In the case of a justified complaint, the buyer is entitled to a replacement for defect-free goods or cancellation of the contract.
10. Withdrawal from the Contract, Force Majeure, Compensation for Damages
1. The buyer does not have the right to withdraw from the contract under the provisions of § 53 par. 6 of the Civil Code (§ 53 par. 7 letter c) of the Civil Code).
2. If insurmountable obstacles arise on the seller's side, preventing the delivery from being carried out within the agreed period, the seller has the right to postpone the delivery of goods or services for the necessary period of the obstacle, but is obliged to inform the customer of this fact, who is then entitled to withdraw from the contract. The customer must notify the seller of exercising this right without undue delay.
11. Costs of Using Remote Communication Means
1. The costs of the website and its administration are borne by the seller. Consumers have access to the site free of charge.
2. The costs of their communication with the website are borne by the consumer.
12. General and Final Provisions
Unless otherwise stated in these Terms, the relevant provisions of the Civil Code apply to contracts concluded based on these Terms.
13. Changes to Sales and Delivery Terms
The seller is entitled to change these sales and delivery terms. The terms change on the day of their publication on the website. The terms cannot be changed for the delivery of goods that have already been ordered.
14. Rules for Payments by Customers through the PayU System
1. Only persons authorized to use a particular instrument on the basis of which the payment is processed, especially in the case of card payments, only the cardholders, are entitled to make payments through the PayU system. Any misuse will be immediately reported to the relevant department of the Czech Police.
2. The user should provide the customer with the appropriate form or other solution on their website allowing payment. Payment information is then automatically sent to the system partner via the PayU system.
3. When the customer confirms the transaction form on the user's site and selects the payment method through the PayU system, they are automatically redirected to the relevant pages: in the case of card payment to the PayU system partner's website performing authorization and clearing operations; in the case of payment by online transfer to the PayU system partner's (relevant bank) website; for other payment methods to the relevant institution processing the given payment method.
4. To complete the payment, the customer must confirm it on the relevant PayU system partner's website according to the rules set by this partner. The payment cannot be completed if the customer changes any details during the payment process.
5. The operator does not participate in the provision of goods or services offered on the user's website. Therefore, the operator is not responsible for the goods or services paid for through the PayU system, nor for the proper performance and fulfillment of the contract concluded between the user and the customer, in which payment was made through the PayU system.