Terms & Conditions

The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these terms and conditions (hereinafter "Terms and Conditions").

  • Definitions
  • In these Terms and Conditions.
  • " E-shop " means a computer program - an Internet application that is available on the Internet through the Internet address http://poppybeans.cz, whose main functionality is the display, selection and ordering goods by the User;
  • Purchase Agreement ” means a purchase agreement within the meaning of the provisions of § 2079 et seq. Of the Civil Code concluded between the Operator as the seller and the User as the buyer through the E-shop;
  • " Shopping Cart " means the part of the E-shop, which is automatically generated by the activation of the relevant functions by the User within its actions in the user environment of the E-shop, in particular by adding or removing the Goods and / or changing the quantity of the selected Goods;
  • " Civil Code " means Act No. 89/2012 Coll., Civil Code, as amended;
  • Operator ” means Poppy Beans sro, Company Identification Number: 09074112, with its registered office at Kigginsova 1493 / 10a Brno 627 00;
  • " Consumer " means a User - a person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a Contract with the Operator or otherwise deals with him;
  • " User "means any legal or natural person who uses the E-shop;
  • " Goods > “Means a thing offered by the Operator for sale to the User via the E-shop and, if offered for the Goods, a license to use this thing;
  • Information for the Consumer before closing contracts
  • The operator enters into contracts, the subject of which is the provision of services, and contracts according to which copyrighted digital content is delivered on CD / DVD, possibly. in another medium.
  • With regard to the price of the Goods and transport costs and other fees, the following shall apply:
  • In the case of license agreements concluded for an indefinite period, the price of the license is agreed for the entire term of the license. unless otherwise stated.
  • Prices of provided goods, provided services and licensed content are listed on the website with and without VAT, including all fees stipulated by law, however, the cost of delivery of goods or services varies according to the chosen method and transport provider and method of payment. The agreed price does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the agreed price; such costs shall be borne exclusively by the User.
  • In the event of withdrawal from the contract, the Consumer shall bear the costs associated with returning the Goods, and in the case of a contract concluded by means of distance communication, the costs of returning the Goods if the goods cannot be returned. due to its nature by ordinary mail.
  • In the event that the subject of the contract is the delivery of digital content that will not be delivered on a tangible medium, the Consumer gives his express consent to such content was delivered before the expiry of the statutory period for withdrawal from the contract.
  • For withdrawal from the contract, the following applies:
  • According to the provisions of § 1829 par. 1 of the Civil Code, the consumer has the right to withdraw from the Purchase Contract, and within fourteen (14) days of receipt of the Goods. In the event that the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Agreement must be sent to the Operator (as the seller) within the period specified in this paragraph.
  • Send the withdrawal from the contract at your expense to the Operator at Kigginsova 1493 / 10a Brno 627 00.
  • The Consumer is obliged to return them to the Operator without undue delay, no later than within 14 days from the date of withdrawal from the given Purchase Agreement, or to hand them over at the address of the Operator's establishment or registered office. The deadline is considered to be maintained even if the Goods are sent to the Operator no later than the last day of the above deadline.
  • The consumer cannot withdraw from the contract:
  • for the provision of services which the Operator has fulfilled with the consumer's prior express consent before the expiry of the withdrawal period;
  • on the supply of an audio or video recording or a computer program, ie digital content on a tangible medium, if it has broken its original packaging;
  • on the supply of digital content, if it has not been delivered on a tangible medium and has been delivered with the consumer's prior express consent before the expiry of the withdrawal period;
  • The consumer is obliged to pay a proportion of the price in the event of withdrawal, the subject of which is the provision of services and the performance of which has already begun.
  • If the Consumer withdraws from the Purchase Agreement, he is obliged to provide in writing his bank account number for a refund of the purchase price for the Goods, which may be reduced if there are legal grounds to do so.
  • If he withdraws The Consumer is obliged to reimburse the Operator for the costs of restoring the Goods to their original condition from the Purchase Agreement regarding the Goods which they return to the Operator damaged and / or worn, especially if the original markings of the Goods (ie labels, stickers, etc.) are removed.
  • The form for withdrawal from the Purchase Agreement forms Annex No. 1 to these Business Conditions.
  • The Consumer is liable to the Operator for the reduction of the value of the Goods as a result of handling these goods other than which is necessary to get acquainted with the nature and characteristics of the Goods, including its functionality.
  • The operator uses the possibility of out-of-court settlement of consumer complaints. In the event of a complaint, Consumers may contact the relevant employee of the Operator free of charge via the e-mail address complaint@poppybeans.cz. Complaints can be made to the supervisory or state supervisor. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions stipulated by the relevant legal regulations.
  • Contract conclusion process
  • The Operator offers Users the conclusion of a Purchase Agreement through the E-shop . The offer for concluding the Purchase Agreement by the Operator is the display of a button marked "Complete order" in the user interface of the E-shop.
  • For unconditional acceptance of the Operator's offer for concluding the Purchase Agreement pursuant to paragraph 3.1 of these Terms and Conditions a click on the given button marked "Complete order" is considered.
  • By unconditional acceptance of the offer according to paragraph 3.2 of these Business Conditions, the Purchase Agreement is concluded.
  • The Agreement is concluded when the electronic information the user clicks on the button in the sense of paragraph 3.2 via the Internet to the server where the E-shop is installed.
  • The user undertakes to fill in true and complete data in the appropriate text fields in the user environment of the E-shop, in particular, your true e-mail address, identification data and, where applicable, delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him to be correct and complete and is not entitled to check the entered data.
  • All Goods presented within the user environment of the E-shop are only informative and the Operator is not obliged to conclude the Contract regarding these Goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
  • Purchase Agreement
  • By concluding the Purchase Agreement, the following provisions shall enter into force:
  • User buys from the Operator the Goods that the User has chosen in the user environment of the E-shop by adding them to the Shopping Cart, in the quantity that the User has chosen and / or set for the Goods in the user environment of the E-shop, and the User undertakes to pay the Operator for the given goods at the price stated for such Goods in the user environment of the E-shop.
  • The Operator has the right to withdraw from the Purchase Agreement until the moment of sending the Goods to the User, for any reason or without giving a reason. Withdrawal from the Purchase Agreement is also considered the legal action of the Operator consisting in notifying the User that he cannot deliver the Goods ordered by him.
  • The Operator is entitled to ask the User for additional order confirmation at any time and until he receives order confirmation from the User. , is entitled to delay the dispatch of the Goods to the User.
  • The method of packaging the Goods is determined exclusively by the Operator; the provisions of § 2097 of the Civil Code are hereby excluded.
  • The User is obliged to pay the Operator the costs associated with packaging and delivery of the goods to the User, in the amount specified for the order in the user environment of the Portal.
  • The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and any other monetary benefits to the Operator.
  • If any of the payment methods contains information about the cost of such payment The User is obliged to bear the costs of making such a payment, which are listed for the payment in the user environment of the E-shop.
  • In the case of non-cash payment by bank transfer, the User is obliged to indicate the variable symbol specified by the Operator.
  • In the case of non-cash payment, the User's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Operator's bank account.
  • The Operator has the right to provide the User with a discount from prices of Goods. Discounts on the price of the Goods may not be combined with each other, unless expressly stated otherwise.
  • The purchase price for the Goods does not include any payments, fees or other remuneration that the User has to spend on services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are exclusively the costs of the User.
  • The Operator reserves the ownership right to the Goods, which is the subject of the Purchase Agreement, until the full payment of the purchase price for the Goods by the User.
  • The Operator undertakes to deliver Goods to the User within a reasonable period of time from the conclusion of the Purchase Agreement. All deadlines for delivery of the Goods listed in the user interface of the E-shop are for guidance only.
  • The Operator will send the User a tax document - invoice in electronic form, upon request, to the User's email address entered with the order in the User Environment E -shop.
  • If the Operator, together with the Goods, provides a gift to the User, the gift contract between the User and the Operator is concluded with the untying condition that if the Purchase Agreement terminates (eg for withdrawal from the Purchase Agreement) , the given gift contract expires from the beginning together with the Purchase Contract and the User is obliged to return the provided gift to the Operator together with the goods.
  • The Operator provides the User with a warranty on the Goods if the warranty period is stated for the Goods in user environment of the E-shop, for the period of the stated warranty period, while the said warranty applies only to the Consumer.
  • The User is entitled to exercise the right to withdraw from the contract and the right from defective performance to Operator at the address of his establishment. The moment when the Operator received the claimed Goods from the User is considered to be the moment of the complaint.
  • If within the user environment of the E-shop the given Goods is stated to be used, the User buys the Goods in the used condition, defects in such Goods.
  • Risk of loss, damage and / or destruction of the Goods which are the subject of the Purchase Agreement. passes to the User, who is the Consumer, at the moment of taking over the goods by the User.
  • The risk of loss, damage and / or destruction of the Goods that are the subject of the Contract passes to the User who is not a Consumer at the moment of taking over the goods by the User.
  • Complaints procedure
  • The Operator is responsible to the Consumer that the Goods are free from defects upon receipt.
  • If the Goods contain defects, the Consumer has the right to demand the delivery of new Goods without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the Goods, the Consumer may only request the replacement of that part; if this is not possible, he has the right to withdraw from the Purchase Agreement.
  • The Consumer has the right to deliver new Goods or replace parts even in the event of a remediable defect, if he cannot properly use the Goods for recurrence after more defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.
  • If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to deliver new Goods without defects or to replace its components or repair the Goods, he may request a reasonable discount. . The Consumer is entitled to a reasonable discount even if the Operator is unable to deliver new Goods without defects, replace its part or repair the Goods, as well as if the Operator does not remedy the situation within a reasonable time or would arrange considerable difficulties for the Consumer. / li>
  • The right to defective performance does not belong to the Consumer, if the Consumer knew before taking over the Goods that the Goods were defective, or if the Consumer himself caused the defect.
  • The Operator's liability for defects of the Goods does not apply to wear and tear its normal use, for Goods sold at a lower purchase price for a defect for which a lower purchase price was agreed, for used Goods for a defect corresponding to the degree of use or wear that the Goods had when taken over by the Consumer, or if it follows from the nature of the Goods. / li>
  • If a warranty is provided for the Goods, the Consumer has the right to claim liability for defective performance during the warranty period.
  • At the request of the Consumer, the Operator is obliged to provide the Consumer if the warranty card. If the nature of the Goods allows it, it is sufficient to issue the Consumer a proof of purchase of the Goods instead of the warranty card, containing data that must contain data such as the warranty card. The warranty card must contain the name and surname, name or business name, ID number and registered office of the Operator.
  • In the event that the Consumer exercises his right to eliminate defects of the Goods by repairing the Goods for which the entrepreneur is designated for warranty repairs. different from the Operator, whose registered office or place of business is in the same place as in the case of the Operator or in a place closer to the Consumer, the Consumer shall exercise the right to warranty repair with this entrepreneur.
  • Complaints about the Goods, including the elimination of defects in the Goods, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Operator and the Consumer agree on a longer period. After the expiration of this period, the Consumer has the same rights as if it were a material breach of the Contract.
  • The period for settling a complaint is suspended if the Operator has not received all the documents necessary to settle the complaint, until before the given documents are delivered.
  • After the proper settlement of the complaint, the Operator or the entity designated by him shall invite the Consumer to take over the repaired Goods.
  • The right to exercise rights from defects of the Goods expires in case of unprofessional installation or unprofessional commissioning of the Goods, as well as in unprofessional handling of it, ie especially when using the Goods in conditions that do not correspond with their parameters to the parameters specified in the documentation for the Goods.
  • Protection of personal data
  • The operator is obliged by law to protect and secure the personal data provided. The operator therefore uses various effective security technologies to protect personal data from unauthorized access or use.
  • More detailed information on personal data protection can be found in the Privacy Policy here: https://poppybeans.cz/ pages / ochrana-osobnich-udaju
  • Use of the E-shop
  • The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Business Conditions. / li>
  • The Operator has the right to change the E-shop, ie its technical solution and / or user interface.
  • The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time strictly necessary from reasons for maintenance or repair of the E-shop or other reason on the part of the Operator or a third party.
  • The user is obliged to comply with valid and effective legal regulations of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate the Operator or third parties for all damages thus incurred in full.
  • In the event of a breach of these Business Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account. / li>
  • Declaration of the Operator
  • The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against changes .
  • Due to a technical error in the E-shop, the purchase price of the Goods may be displayed, the amount of which does not roughly correspond to the usual price for such Goods on the market; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price, contacts the User and informs the actual purchase price of the Goods and the User has the right to decide whether to accept the Goods at the actual purchase price, and if not, the Purchase Agreement is canceled from at the beginning.
  • The User acknowledges that the photos of the Goods in the E-shop may be illustrative or may have a distorting impression due to their conversion into a display in the technical means of the User, therefore the User is always obliged to get acquainted with the entire description of the Goods and in case of any ambiguity, contact the Operator.
  • Contact details of the Operator for communication with the User are listed in the user interface of the E-shop in the Contact section (https://poppybeans.cz/pages/kontakt). / li>
  • Governing Law
  • These Terms and Conditions, as well as the Purchase Agreement, are governed by the laws of the Czech Republic, in particular the Civil Code.
  • Effectiveness
  • These Terms and Conditions They will enter into force on 2 July 2020.
Language
Czech
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