General terms and conditions

Preambule

Business terms and conditions of Eden’s Grand Spa, s.r.o., with its registered office at Rybná 716/24, 110 00 Prague, Company ID 19855621, for the sale of goods and services also within the framework of the indicative web presentation operated on the website grandior.edensgarden.cz

Introductory provisions

1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of Eden’s Grand Spa, s.r.o., with its registered office at Rybná 716/24, 110 00 Prague, Company ID 19855621, (hereinafter referred to as the “Seller”) regulate, in accordance with the provisions of §1751, paragraph 1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) and via the Seller’s website. The website is operated by the Seller on the website located at the Internet address www.edensgarden.cz (hereinafter referred to as the “Website”).
2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts as part of their business activity or as part of their independent profession.
3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
5. The Seller may amend or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
6. For the purposes of these Terms and Conditions, “written form” is considered to be communication via a postal service provider, communication via electronic mail, or any other customary method of written communication.

Inquiry form

1. 1. Based on the completion of the inquiry form by the Buyer on the Seller’s website, the Seller will send the Buyer an offer in writing. As part of this offer, the Seller will provide, in particular, information about the ordered goods, the method of payment for the purchase price of the goods, the required method of delivery of the goods, information about the costs associated with the delivery of the goods, these terms and conditions and the expected delivery date (hereinafter referred to as the “offer”). When completing the inquiry form on the website and ordering the goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to immediately notify the Seller of any changes specified in the inquiry form in writing. The information specified by the Buyer in the inquiry form and when ordering the goods is considered correct by the Seller.
   2. The Buyer is not authorized to allow third parties to use the user form.
   3. The Buyer acknowledges that the user form may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.
   4. For the purposes of these Terms and Conditions, “written form” is considered to be communication via a postal service provider, communication via electronic mail, or any other customary method of written communication.
      The provisions of this section (2. Inquiry Form) shall apply mutatis mutandis even if the Buyer decides to send the inquiry directly to the Seller’s electronic mail address.

Purchase agreement

1. 1. All web presentation of goods placed on the website is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code do not apply.
   2. The website contains information about the goods, including the prices of individual goods and the costs of returning the goods, if the goods cannot be returned by regular mail due to their nature. The prices of the goods are stated without value added tax. The prices of the goods remain valid for the period in which they are displayed on the website located on the seller’s website. This provision does not limit the seller’s ability to conclude a purchase contract under individually negotiated conditions.
   3. The website also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods is valid only in cases where the goods are delivered within the territory of the Czech Republic.
   4. Pro objednání zboží potvrdí kupující písemnou formou prodávajícímu, že předmětnou nabídku akceptuje. Pokud kupující neuvedl veškeré potřebné údaje již v poptávkovém formuláři, dále při potvrzení nabídky (objednání zboží) uvede jméno, příjmení, adresu pobytu v České republice (ulice, číslo popisné/číslo orientační, poštovní směrovací číslo), adresu elektronické pošty a telefonický kontakt.
   5. To order goods, the buyer confirms in writing to the seller that he accepts the offer in question. If the buyer has not already provided all the necessary information in the inquiry form, when confirming the offer (ordering goods), he will provide his name, surname, address of residence in the Czech Republic (street, descriptive number/orientation number, postal code), e-mail address and telephone contact.
   6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order, especially in the event of modifications to the goods other than those originally ordered at the customer’s request (usually in writing, or by telephone).
   7. The contractual relationship between the seller and the buyer arises by sending the order acceptance, which is sent by the seller in writing to the buyer’s e-mail address.
   8. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the Buyer himself, and these costs do not differ from the basic rate.

Price of goods and payment terms

1. 1. 1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller in the following ways:
         In cash on delivery at the location specified by the buyer in the order,
         By bank transfer to the seller’s account no. 1974365002/5500.
      2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.
      3. The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 1.3 of the Terms and Conditions and the provisions of Article 3 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
      4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of concluding the purchase contract.
      5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s account.
      6. The seller is entitled to demand payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
         Any discounts on the price of the goods provided by the seller to the buyer cannot be combined with each other.
   1. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue an invoice to the buyer for payments made under the purchase contract. The seller is not a payer of value added tax.
   2. The seller issues an invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer’s electronic address. If payment is made in cash, the seller will hand over the invoice to the buyer together with the goods.

Withdrawal from the purchase contract

1. 1. The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the supply of goods that have been modified according to the wishes of the Buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in a closed package that the consumer has removed from the package and cannot be returned for hygiene reasons, and from a purchase contract for the supply of an audio or video recording or computer program if their original packaging has been damaged.
   2. Unless this is the case referred to in Art. 5.1. terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and if 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 goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. The buyer can send withdrawal from the purchase contract, among other things, to the address of the seller’s business premises or to the seller’s e-mail address info@edensgarden.cz. The seller points out that it does not have a sample form for the possibility of withdrawing from the purchase contract.
   3. In the event of withdrawal from the purchase contract pursuant to Art. 5 2. of the terms and conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days of the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature.
   4. In the event of withdrawal from the contract pursuant to Art. 5. 2. of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer’s withdrawal from the purchase contract, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the buyer returns the goods or in another way, if the buyer agrees to this and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he has sent the goods to the seller.
   5. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer’s claim for a refund of the purchase price.
   6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of receipt of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, by bank transfer to the account specified by the buyer.
   7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods.

Transportation and delivery of goods

1. 1. If the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
   2. If the seller is obliged under the purchase contract to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
   3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner than 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.
   4. When accepting 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, immediately notify the carrier. If the packaging is found to be damaged indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.
   5. Additional rights and obligations of the parties during the transport of goods may be regulated by the seller’s special delivery conditions, if issued by the seller.

Rights arising from defective performance

1. 1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of 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, as amended).
   2. The seller is responsible to the buyer that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer received the goods:
      • the goods have the properties agreed upon by the parties, and in the absence of such agreement, they have the properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of their advertising,
      • the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
      • the goods correspond in quality or design to the agreed sample or design, if the quality or design was determined according to the agreed sample or design,
      • the goods are in the appropriate quantity, measure or weight and
      • the goods comply with the requirements of legal regulations.
   3. The provisions referred to in Art. 7.2. The terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.
   4. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective upon receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.
   5. The buyer exercises rights arising from defective performance at the seller’s premises, where the complaint can be accepted, or at the seller’s registered office.
   6. Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint procedure.

Other rights and obligations of the contracting parties

1. 1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
   2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826, paragraph 1, letter e) of the Civil Code.
   3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz, is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract.
   4. The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
   5. The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

Privacy Policy

1. 1. The protection of personal data of the buyer, who 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 the processing of the following personal data: name and surname, residential address, e-mail address, telephone number (hereinafter collectively referred to as “personal data”).
   3. The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the purchase contract. Unless the Buyer chooses another option, he agrees to the processing of personal data by the Seller also for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of personal data in full pursuant to this article is not a condition that would in itself prevent the conclusion of the purchase contract.
   4. The Buyer acknowledges that he is obliged to provide his personal data (when filling out the inquiry form made from the Seller’s website) correctly and truthfully and that he is obliged to inform the Seller of any change in his personal data without undue delay.
   5. The seller may entrust the processing of the buyer’s personal data to a third party as a processor. Apart from persons transporting the goods, the seller will not transfer personal data to third parties without the buyer’s prior consent.
   6. Personal data will be processed for the period strictly necessary (maximum 24 months). Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
   7. The Buyer confirms that the personal data provided is accurate and that he has been informed that the provision of personal data is voluntary.
   8. If the buyer believes that the seller or processor (Article 5) is processing his personal data in a way that is contrary to the protection of the buyer’s private and personal life or in violation of the law, especially if the personal data are inaccurate with regard to the purpose of their processing, he may:
      • ask the seller or processor for an explanation,
      • require the seller or processor to eliminate the situation that has arisen in this way.
      • If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to demand reasonable compensation for the provision of information pursuant to the previous sentence, not exceeding the costs necessary to provide the information.

Sending commercial communications and storing cookies

1. 1. The Buyer agrees to the sending of information related to the Seller’s goods, services or business to the Buyer’s electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer’s electronic address.
   2. The buyer agrees to the storage of cookies on his computer. If it is possible to complete the inquiry form on the website and fulfill the seller’s obligations under the purchase contract without the storage of cookies on the buyer’s computer, the buyer may revoke the consent in accordance with the previous sentence at any time.

Delivery

1. 1. The Buyer may be delivered in writing to the Buyer’s electronic address.

Final provisions

1. 1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.
   2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
   3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

Seller’s contact details:
Eden’s Grand Spa, s.r.o.
Rybná 716/24
110 00 Prague
IČO 19855621
Tel.: +420 734 739 973
E-mail: info@edensgarden.cz
In Prague on 1. 8. 2022