Pogoji in določila
General Terms and Conditions
I. Basic Provisions
These General Terms and Conditions (hereinafter referred to as "Terms") comply with the provisions of § 52 et seq. of Act No. 49/1964 Collection of Laws, as amended (hereinafter referred to as "Civil Code"), and in accordance with the provisions of Act No. 250/2007 Collection of Laws on consumer protection, as amended, (hereinafter referred to as the "Consumer Protection Act"), in accordance with Act No. 102/2014 Collection of Laws on consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded outside the seller's premises and amending and supplementing certain laws (hereinafter referred to as the "Consumer Protection Act when selling goods"), and further in accordance with Act No. 18/2018 Coll., on the protection of personal data and amending and supplementing certain laws (hereinafter referred to as the "Data Protection Act") and Act No. 22/2004 Coll., on electronic commerce and amending and supplementing Act No. 128/2002 Coll. on state control of the internal market in matters of consumer protection and amending and supplementing certain laws as amended by Act No. 284/2002 Coll. (hereinafter referred to as the "Electronic Commerce Act") determine the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller on the website located at the internet address www.mentalbotanist.com (hereinafter referred to as the "website"), via the interface of the website (hereinafter referred to as the "online store interface"). By confirming their orders, the buyer confirms that they have familiarized themselves with these Terms in advance, understood their content, and agree with them.
Email: info@mentalbotanist.com
(Hereinafter referred to as "seller")
These Terms govern the mutual rights and obligations of the seller and the natural person who concludes a purchase contract outside his/her business activity as a consumer, or within his/her business activity (hereinafter referred to as: "buyer") through the web interface located on the website available at the internet address - www.mentalbotanist.com (hereinafter referred to as "online store").
The provisions of these Terms are an integral part of the purchase contract. Different agreements in the purchase contract take precedence over the provisions of these Terms.
II. Information about goods and prices
Information about the goods, including the prices of each item and its main features, are given for individual items in the catalog of the online store. The prices of the goods remain valid for the duration they are displayed in the online store and are final. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.
All presentation of goods placed in the catalog of the online store is of an informative character 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.
Any discounts from the purchase price of the goods cannot be combined unless the seller agrees otherwise with the buyer.
The seller explicitly warns buyers that some types of goods are intended exclusively for collection purposes, powder as a cosmetic ingredient, study purposes, and research purposes, and are not intended for human consumption. This fact is explicitly stated in the product description. The seller is not responsible for damage caused by the incorrect use of such goods.
The seller does not guarantee any damage to health caused by any other use of Kra-Thom than for research purposes, study purposes, natural cosmetic additives, and collection purposes.
III. Order and conclusion of the purchase contract
Costs incurred by the buyer in the use of distance communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls), are borne by the buyer himself. These costs do not differ from the basic rate.
The buyer places an order for goods in the following ways
through their customer account, which they have after prior registration in the online shop,
by filling in 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 has entered in the order. The buyer sends the order to the seller by clicking on the button - send the order. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's confirmation that he has read these terms and conditions.
Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer at the time of ordering. This confirmation is automatic and shall not be deemed to constitute the conclusion of a contract. The purchase contract is only concluded after the Seller has received the order. Notification of receipt of the order is delivered to the buyer's email address. / Immediately upon receipt of the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation shall be deemed to be the conclusion of the contract. The confirmation shall be accompanied by the Seller's current terms and conditions. The purchase contract is concluded by the confirmation of the order by the Seller to the Buyer's email address.
If any of the requirements stated in the order cannot be fulfilled by the Seller, the Seller will send an amended offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal for a contract of sale and the contract of sale shall be concluded in such a case by the Buyer's confirmation of acceptance of this offer to the Seller at its email address set out in these Terms and Conditions.
All orders accepted by the Seller shall be binding. The Buyer may cancel an order until the Buyer has received notification of the Seller's acceptance of the order. The Buyer may cancel an order by calling the telephone number or email of the Seller set out in these Terms and Conditions.
In the event of an obvious technical error on the part of the Seller in the price of the Goods in the online shop or during the ordering process, the Seller shall not be obliged to deliver the Goods to the Buyer at the price of such completely obvious error even if the Buyer has been sent an automatic order acknowledgment under these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended quotation to the Buyer's email address. The amended offer shall be deemed a new draft purchase contract and the purchase contract shall be concluded in such case by the confirmation of receipt by the Buyer to the Seller's email address.
In cases where the object of the contract of sale is shipped to the buyer, the seller shall fulfill his obligation to deliver the goods at the moment he hands over the object of the contract of sale to the first carrier.
IV. Customer account
Upon registration of the Buyer in the online shop, the Buyer can access his/her customer account. From his customer account, the Buyer can order goods. The Buyer can also order goods without registration.
When registering for a customer account and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account whenever there is any change. The data provided by the Buyer in the customer account and when ordering goods shall be deemed correct by the Seller.
Access to the customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information required to access his customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
The Buyer is not entitled to allow third parties to use the customer account.
The Seller may terminate the user account, in particular, if the Buyer does not use his/her user account for a longer period or if the Buyer breaches his/her obligations under the Purchase Contract and these Terms and Conditions.
The Buyer acknowledges that the User Account may not be available continuously, in particular about necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.
V. Payment terms and delivery of goods
The price of the goods and any costs associated with the delivery of the goods under the contract of sale may be paid by the buyer in the following ways:
wire transfer to the Seller's bank account no.
cash on delivery upon receipt of the goods
payment by card
Together 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 expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.
In the case of payment in cash, the purchase price shall be payable on receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of the conclusion of the purchase contract.
In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
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 shall not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before shipment of the goods is not a deposit.
The goods are delivered to the buyer:
to the address specified by the buyer in the order
via a dispatch outlet to the address of the dispatch outlet designated by the Buyer,
The choice of delivery method is made during the ordering of the goods.
The cost of delivery of the goods, depending on the method of dispatch and collection of the goods, is specified in the Buyer's order and the Seller's order confirmation. If the method of delivery is agreed upon by special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery.
If the Seller is obliged under the Purchase Contract to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer shall be obliged to take delivery of the Goods on delivery. If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or by a different method than that specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of any damage to the packaging indicating tampering, the Buyer may not accept the shipment from the carrier.
The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the buyer's email address. / The tax document is attached to the goods delivered.
The Seller shall send the Goods for delivery to the Buyer after the Buyer has paid the full purchase price to the account designated by the Seller referred to in Article V. paragraph 1 of these General Terms and Conditions, except when the Goods are paid for in cash upon receipt.
VI.Withdrawal from the contract
A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.
The withdrawal period is 14 days
from the date of receipt of the goods,
from the date of receipt of the last delivery of the goods, if the subject of the contract is several types of goods or the delivery of several parts
from the date of receipt of the first delivery of the goods, if the subject matter of the contract is a regular recurring delivery of goods.
The buyer may not, inter alia, withdraw from the contract of sale:
the provision of services, if they have been performed with his prior express consent before the expiry of the withdrawal period and the seller, has notified the buyer before the conclusion of the contract that he has no right to withdraw from the contract in such a case,
in cases where he has already consumed all or any part of the subject matter of the contract of sale or has damaged the subject matter of the contract of sale,
the delivery of goods or services the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the withdrawal period,
the delivery of goods which have been modified according to the buyer's wishes or for his benefit,
the delivery of goods in closed packaging which the buyer has removed from the packaging and which, for hygiene reasons, cannot be returned,
To comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
The Buyer shall send the withdrawal statement to the Seller's email address specified in these Terms and Conditions.
The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of the withdrawal from the contract. The Buyer shall bear the cost of returning the goods to the Seller, even if the goods cannot be returned by post due to their nature.
If the Buyer withdraws from the contract, the Seller shall reimburse to the Buyer all monies, including delivery costs, received from the Buyer in the same manner without delay, but at the latest within 14 days of the withdrawal from the contract. The Seller shall only reimburse the Buyer in any other way if the Buyer agrees to this and if no further costs are incurred by the Seller. However, the Seller shall not be obliged to return the consideration provided to the Buyer if the Buyer fails to return the subject of the contract of sale to the Seller within the time limit specified in paragraph 9 of this Article. The time limit for fulfilling the Seller's obligation to return the funds to the Buyer shall be automatically extended by the period during which the Buyer is in default in fulfilling the obligation to return the subject of the Purchase Contract to the Seller.
If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
If the buyer withdraws from the contract of sale, the seller is not obliged to return the monies received to the buyer before the buyer has handed over the goods to the seller or proved that he has sent the goods to the seller.
The goods must be returned by the Buyer to the Seller undamaged, undamaged, and unsoiled and, if possible, in their original packaging. The Seller is entitled to unilaterally set off any claim for damages incurred to the goods against the Buyer's claim for a refund of the purchase price.
The Seller shall be entitled to withdraw from the contract of sale on the grounds of out-of-stock, unavailability of the goods, or when the manufacturer, importer, or supplier of the goods has discontinued the production or import of the goods. The Seller shall immediately inform the Buyer using the email address specified in the order and shall refund, within 14 days of notification of withdrawal from the contract, all monies, including delivery costs, received from the Buyer under the contract in the same manner or in the manner specified by the Buyer, as the case may be.
VII.Rights from defective performance and Complaints
The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:
the goods have the characteristics agreed upon between the parties and are lacking, if agreed, the goods have the characteristics described by the seller or the manufacturer or expected by the buyer given the nature of the goods and based on the advertising carried out by them,
the goods are fit for the purpose which the seller states for their use or for which goods of the same kind are commonly used,
the goods correspond in quality or workmanship to the agreed sample or specimen if the quality of workmanship was determined by the agreed sample or specimen,
the goods are in the appropriate quantity, measure, or weight and the goods comply with the requirements of the legislation.
If defects become apparent within six months of receipt of the goods by the purchaser, the goods shall be deemed to have been defective on receipt. The buyer shall be entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt. This provision shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, in the case of second-hand goods to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.
In the event of a claim for goods, you must contact our customer support. The customer can use the contact form on our website or contact us by email at info@mentalbotanist.com. As part of the complaints procedure, it is necessary to provide us with precise information about the defects of the goods and how they are used. If the complaint is justified, you are entitled to have the defect rectified or the goods replaced free of charge. We ask customers to contact our customer support in the first instance so that we can work together to find the best solution. Replacing or returning goods without first contacting our team may delay or prevent the processing of the claim.
In the event of a defect, the buyer may submit a claim to the seller and request:
replacement with new goods,
a reasonable discount on the purchase price,
withdraw from the contract.
The Seller or his authorized employee shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time necessary for a professional assessment of the defect, as appropriate for the type of product or service. The complaint, including the removal of the defect, must be dealt with immediately, at the latest within 30 days from the date of the complaint, unless the Seller agrees with the Buyer for a longer period. the expiry of this period shall be considered a material breach of contract and the Buyer shall have the right to withdraw from the purchase contract. The moment when the Buyer's expression of intent (exercise of the right of defective performance) to the Seller is deemed to be the moment when the claim is asserted.
The Seller shall inform the Buyer in writing of the outcome of the claim.
The Buyer shall not be entitled to the right of defective performance 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 event of a justified claim, the buyer is entitled to compensation for the costs reasonably incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.
The Buyer has the choice of the method of claim.
VIII.Delivery
The parties may deliver all written correspondence to each other by electronic mail.
The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or order.
IX.Final Provisions
Any agreement between the Seller and the Buyer shall be governed by the laws of the Czech Republic and its current legislation. If the relationship established by the Purchase Contract contains an international element, then the parties agree that the relationship shall be governed by the law of the Czech Republic, where the registered office of the company shipping the products is located. This is without prejudice to the consumer's rights under generally binding legislation.
All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the Seller's permission.
The Seller shall not be liable for errors resulting from third-party interference with the online shop or from its use contrary to its intended purpose. The Buyer shall not use any procedures in the use of the Online Shop that could adversely affect its operation and shall not carry out any activity that could enable him or third parties to tamper with or make unauthorized use of the software or other components forming the Online Shop and use the Online Shop or any part thereof or the software in a manner that would be contrary to its intended use or purpose.
The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
The Seller may change or amend the terms and conditions. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
Out-of-court dispute resolution
The Czech Trade Inspection Authority (Czech Trade Inspection Authority, Štěpánska 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs) is competent for the out-of-court settlement of consumer disputes arising out of the contract of sale. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the Purchase Contract.
The European Consumer Centre Czech Republic, located at Štěpánska 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
The Seller is authorized to sell goods under a trade license. Trade control is exercised by the competent trade licensing authority within its jurisdiction. The Czech Trade Inspection Authority supervises, inter alia, compliance with Act No 634/1992 Coll. on Consumer Protection within the defined scope.
These terms and conditions of trade come into force on 21.03.2023