Terms and conditions

1. Introductory provisions
1.1. Operator

The online store at www.e-bonsai.com (hereinafter referred to as the "online store") is operated by Bonsai centrum s.r.o. Libčany 137, 50322, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, File 21155, Company ID No.: 27474640, Tax ID No. CZ27474640 (hereinafter referred to as the "Seller" or "Operator"), bank details: Fio bank 2501704697/2010.
1.2. Buyer

1.2.1. The buyer is any visitor to the online store, regardless of whether they are acting as a consumer or as an entrepreneur (hereinafter referred to as the "buyer").
1.2.2. A consumer is a buyer who is a natural person and who, when concluding and performing the contract, is not acting within the scope of their commercial or other business activities (hereinafter referred to as the "consumer").
1.2.3. An entrepreneur is a buyer who is not a consumer. An entrepreneur is also any person who concludes contracts related to their own business, manufacturing, or similar activities, or in the independent exercise of their profession, or a person acting on behalf of or for the account of an entrepreneur (hereinafter referred to as the "entrepreneur").
1.3. Terms and Conditions

1.3.1. These general terms and conditions (hereinafter referred to as "terms and conditions") govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract concluded between the seller and the buyer through an online store (hereinafter referred to as "purchase contract").
1.3.2. The Terms and Conditions are an integral part of the purchase contract. Unless expressly stated otherwise in the purchase contract or its annexes, or unless the validity of certain provisions of these Terms and Conditions is excluded or otherwise modified by the purchase contract or other express agreement between the seller and the buyer, these Terms and Conditions shall apply to the mutual relations between the contracting parties.
1.3.3. Legal relations between the seller and the buyer not expressly governed by these general terms and conditions are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code. The legal relations between the seller and the consumer are also governed by Act No. 634/1992 Coll., on consumer protection, as amended.
 
2. Conclusion of the purchase contract, method of transport and payment
2.1. Offer of goods

The goods offered through the online store website are an offer of goods that is for informational purposes only. The offer of goods is not considered a proposal to deliver goods within the meaning of Section 1732(2) of the Civil Code, and the operator is not obliged to conclude a purchase contract for the goods offered.
2.2. Order

2.2.1. The buyer can place an order using the form on the online store website. When creating an order using the form, the buyer first selects the goods they are interested in. After selecting the required quantity, method of transport (see Article 2.4.1.) and method of payment (see Article 2.5.1.), the buyer confirms their order, thereby submitting a binding proposal to conclude a purchase contract between the buyer and the operator.
2.2.2. By sending the order, the buyer confirms that they have read these terms and conditions and agree to them in full.
2.3. Conclusion of the purchase contract

2.3.1. The operator undertakes to accept the buyer's proposal for a purchase contract (order) if this proposal does not conflict with the terms and conditions and the operator has no specific reason to believe that the buyer will breach the purchase contract. The operator shall confirm acceptance of the proposal by sending a message to the buyer's email address.
2.3.2. The contractual relationship between the operator and the buyer arises upon delivery of the order acceptance, which is sent by the operator to the buyer at the email address provided in the order.
2.3.3. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (e.g., costs of internet connection or telephone calls) shall be borne by the buyer.
2.4. Method of transport

2.4.1. Unless otherwise agreed in the purchase contract, the method of delivery of the goods is determined by the seller. If the method of transport is agreed upon at the buyer's request, the buyer bears the risk associated with such method of transport, including any additional costs for the chosen method of transport.
2.4.2. The operator undertakes to inform the buyer of the dispatch of the goods to the email address provided by the buyer when placing the order.
2.4.3. The dispatch of the ordered goods means their dispatch to the address provided by the buyer when placing the order. The operator reserves the right to add the costs of shipping the goods to the price of the order according to the current price list of the carrier.
2.4.4. In the case of shipping goods abroad, the operator reserves the right to add additional costs for shipping abroad to the standard shipping price.
2.5. Payment method

2.5.1. The operator offers the following payment methods: payment by credit card via the GoPay payment gateway, bank transfer after completing the order, cash on delivery upon receipt from the carrier, cash upon personal collection at the operator's distribution point.

2.5.2. When choosing to pay by credit card online, the buyer will be redirected to a third-party payment server after completing the order, where they will fill in the necessary payment details. After verifying their validity, the order will be confirmed and the purchase price will be deducted from the buyer's account.
2.5.3. When choosing to pay by bank transfer, the buyer will pay the price of the order to the seller's bank account before it is processed. To process the order, it is necessary to make the payment using a variable symbol, which is the order number and which the buyer will receive upon completion of the order. In the case of payment for goods by bank transfer, the purchase price is considered paid on the day when the relevant amount is credited to the seller's account.
2.5.4 In the case of cash on delivery payment upon receipt of the goods from the carrier, the operator reserves the right to add the costs of cash on delivery to the order price.
2.5.5. All changes, including price changes in the online store, are reserved. The price is valid at the time of ordering.
2.5.6. The prices of the goods and services offered are inclusive of VAT. Unless the price is expressly stated as being exclusive of VAT.
2.6. Rights and obligations arising from the conclusion of the purchase contract

2.6.1. The operator is obliged to deliver the ordered goods to the buyer at the agreed price, and the buyer is obliged to take delivery of the goods and pay the purchase price.
2.6.2. In the event of a breach of the terms of the purchase contract or the terms and conditions by the buyer, the operator reserves the right to withdraw from the purchase contract. In such a case, the buyer is obliged to pay the operator all costs associated with their order, in particular the costs of shipping the goods, if the buyer does not accept them.
2.6.3. The buyer is obliged to provide correct and truthful information, especially when ordering goods. The information necessary for the conclusion of the purchase contract provided by the buyer is considered correct by the seller.
2.6.4. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.
2.6.5. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
2.6.6. All communications from the seller may be delivered to the buyer at the email address specified in their user account or specified by the buyer in the order.
2.7. Gift vouchers and discount codes

2.7.1. When placing an order, the buyer may enter the codes contained on purchased gift vouchers and discount codes provided by the operator in accordance with their rules.
2.7.2. Unless expressly stated otherwise by the operator, gift vouchers and discount codes:
cannot be used repeatedly;
cannot be combined with each other.
2.7.3. In the event of withdrawal from the purchase contract for any reason or any other justified return of goods purchased by the buyer from the seller on the basis of a discount code, the buyer is only entitled to a refund of the amount actually paid for the purchase of the goods. The seller may decide whether and in what amount to issue a new discount code to the buyer.
2.7.4. If a gift voucher or discount code has a limited period of validity, the buyer is entitled to use the gift voucher or discount code only before its expiry. The seller does not provide money or any other form of compensation for the unused value of the gift voucher or discount code.
2.7.5. Gift vouchers and discount codes cannot be exchanged for cash. If the buyer purchases goods at a price lower than the value of the gift voucher or discount code, they are not entitled to a refund of the value of the gift voucher or discount code, nor to a new gift voucher or discount code for the remaining value of the original gift voucher or discount code.
2.7.6. If a gift voucher or discount code is used in violation of the operator's rules for the use of such gift vouchers and discount codes, the operator has the right to refuse the gift voucher or discount code used in this way and to withdraw from the concluded purchase contract. In the event of any ambiguity in the interpretation of the rules, the interpretation specified by the operator shall apply.
 
3. Delivery of goods
3.1. Delivery time

3.1.1. The operator undertakes to send the goods to the buyer as soon as possible. The delivery time, if specified for the goods, is for information purposes only and is not binding on the operator.
3.1.2. The operator is not liable for damages caused by delays in shipping or delivery of goods for any reason.
3.2. Transport, delivery, and acceptance of goods

3.2.1. The buyer acquires ownership of the purchased goods upon acceptance. At the moment of acceptance of the goods, the risk of damage to the goods also passes to the buyer.
3.2.2. The delivery includes a proof of purchase of the goods, which states the date of sale, description of the goods, purchase price, and details of the seller. Upon request, the seller will send the buyer a tax document in electronic form.
3.2.3. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of damage to the packaging indicating unauthorized access to the shipment, it is recommended that the buyer refuse the shipment.
3.2.4. Complaints regarding mechanical damage to goods, non-conforming goods, etc., which were not apparent upon receipt of the shipment from the carrier, must be made by the buyer immediately after their discovery. The operator is not liable for damage to goods caused during transport if the buyer does not immediately report such damage in accordance with paragraphs 3.2.3. and 3.2.4. of these terms and conditions.
3.2.5. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other 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 another method of delivery.
 
4. Withdrawal from the purchase contract
4.1. Withdrawal from the purchase contract by the buyer

4.1.1. If the purchase contract is concluded by means of distance communication (via an online store), the consumer has the right, in accordance with Section 1829 et seq. of the Civil Code, to withdraw from the contract without giving any reason and without any penalty within 14 days of receiving the goods. Returned goods must be complete, undamaged, demonstrably unused, and with the original tags.
4.1.2. If the consumer notifies the operator within the statutory 14-day period that they are withdrawing from the contract, the purchase contract is canceled from the outset. To withdraw from the contract, the consumer may use the withdrawal and complaint form received with the purchased goods. The form should include at least the buyer's first and last name, order number, description of the goods, and account number for the refund.
4.1.3. The deadline for withdrawal from the purchase contract within the statutory 14-day period is considered to have been met if the consumer sends a notice to the seller during this period that they are withdrawing from the contract.
4.1.4. If the consumer withdraws from the purchase contract within the statutory 14-day period and the returned goods are not complete, lacks original tags, or is demonstrably used or damaged, the operator is entitled to compensation from the consumer and is entitled to unilaterally offset the resulting claim for compensation against the consumer's claim against the operator for a refund of the purchase price. In such a case, the operator shall refund only the reduced purchase price to the consumer.
4.1.5. The consumer acknowledges that, pursuant to Section 1837 of the Civil Code, they cannot withdraw from the purchase contract in the cases specified therein, in particular in the case of the delivery of goods that have been modified according to the buyer's wishes or for their person, in the case of the delivery of goods that are subject to rapid deterioration, as well as goods that have been irrevocably mixed with other goods after delivery, goods in sealed packaging which the buyer has removed from the packaging and which cannot be returned for hygienic reasons (e.g. underwear and swimwear), deliveries of audio or video recordings or computer programs, if their original packaging has been broken, or deliveries of newspapers, periodicals or magazines.
4.1.6. If the buyer exercises their right to withdraw from the contract, they shall send or hand over to the seller without undue delay, no later than 14 days from withdrawal from the contract, the goods they received from the seller, including all parts and accessories.
4.1.7. If the consumer withdraws from the purchase contract legitimately, the operator is obliged to return all funds, including the costs of delivery of the goods in the amount corresponding to the cheapest method of delivery offered, by transfer to the consumer's bank account or in cash at the address of the establishment without undue delay, no later than 14 days from withdrawal from the contract. The seller shall return the funds received to the consumer in another manner only if the consumer has agreed to this and if this does not incur additional costs for the consumer.
4.1.8. If the consumer withdraws from the purchase contract, the operator is not obliged to return the funds received to the consumer before the consumer hands over the goods or proves that the goods have been sent to the operator.
4.1.9. If the buyer withdraws from the purchase contract without justification and nevertheless sends the goods to the operator, the goods will not be accepted or will be sent back at the consumer's expense.
4.1.10. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift shall cease to be effective and the buyer is obliged to return the provided gift to the seller together with the goods.
4.2. Withdrawal from the purchase contract by the operator

4.2.1. The operator pays attention to good orientation in the market for the goods sold, but in exceptional cases, situations may arise where it will not be able to deliver the ordered goods under the conditions agreed in the purchase contract. The operator therefore reserves the right to withdraw from the purchase contract in such cases.
4.2.2. The operator also has the right to withdraw from the purchase contract if there have been significant changes in the prices of the supplier of the ordered goods, if there have been significant changes in the prices of transporting the goods, or if the operator discovers that the goods were mistakenly offered at an incorrect price and the buyer did not accept the relevant change to the purchase contract, i.e., an increase in the price of the goods or an increase in transport costs.
4.2.3. The buyer acknowledges that the seller is entitled to withdraw from the purchase contract concluded with the buyer who has materially breached any of their obligations in any of their previous contractual relationships with the seller. A material breach of a previous contractual relationship is considered, for the purposes of withdrawal from the contract, to be conduct within the meaning of Section 2002(2) of the Civil Code.
4.2.4. If the operator withdraws from the purchase contract, they are obliged to immediately inform the buyer at the email address provided by the buyer when placing the order. They are also obliged to refund the buyer the full purchase price of the goods, if it has already been paid.
 
5. Rights arising from defective performance
5.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code) and the Consumer Protection Act.
5.2. The seller is liable to the buyer for ensuring that the goods are free of defects upon delivery. In particular, the seller is liable to the buyer for ensuring that at the time the buyer took delivery of the goods:
the goods have the characteristics agreed upon by the contracting parties, and in the absence of an agreement, have the characteristics described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and based on the advertising carried out by them,
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 model, if the quality or design was determined according to the agreed sample or model,
the goods are in the appropriate quantity, measure, or weight, and
the goods comply with legal requirements.
5.3. The consumer is entitled to exercise their right arising from a defect that occurs in consumer goods within the period specified by law, i.e. 24 months from receipt. If the period during which the item can be used is stated on the item sold, on its packaging, in the instructions attached to the item, or in accordance with other legal regulations, the statutory provisions on quality guarantees shall apply. If a defect becomes apparent within 6 months of receipt, it is assumed that the goods were defective at the time of receipt.
5.4. The buyer may exercise their rights arising from defective performance with the seller at the address of their place of business, either in person or by post or other delivery service. The moment when the seller receives the goods subject to complaint from the buyer is considered to be the moment when the complaint is made.
5.5. When exercising the right arising from defective performance, the buyer is obliged to prove the conclusion of the purchase contract. For this purpose, the operator recommends submitting a purchase confirmation in particular.
5.6. The buyer is obliged to notify the seller of the defect, i.e. to provide a description of the defect in the goods for which they are making a complaint.
5.7. The buyer is not entitled to the right arising from defective performance if the buyer knew before taking delivery of the item that it was defective, or if the buyer caused the defect themselves.
5.8. The seller or their authorized representative shall decide on the consumer's complaint immediately, or within 3 working days in complex cases. This period does not include the time reasonably required for expert assessment of the defect, depending on the type of goods or services. Complaints by consumers, including the removal of defects, shall be handled by the seller without undue delay, no later than 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period.
5.9. If the operator does not reject the complaint, it shall issue the buyer with a confirmation of receipt of the complaint, which shall include, among other things, the identification of the operator and the buyer, the content of the complaint according to the buyer, the method of handling the complaint requested by the buyer, the date and place of receipt of the complaint, and the signature of the operator's employee.
5.10. The consumer has the right to reimbursement of reasonable costs incurred in connection with the exercise of their right arising from defective performance.
5.11. The operator is obliged to inform the buyer that the complaint has been settled and how it has been settled, either to the email address provided by the buyer in the complaint or via other contact details that can be used to notify the buyer of the settlement of the complaint. In this notification, the operator shall specify the deadline for collecting the goods subject to complaint.
5.12. If the buyer does not collect the goods subject to complaint within the period specified by the operator, the operator is entitled to charge reasonable storage fees or to sell the goods on its own account at the buyer's expense. The operator must notify the buyer of this procedure in advance and provide them with a reasonable additional period to collect the goods.
5.13. The operator is not liable for any loss, injury, or damage to property, whether direct or indirect, caused by a defect in the delivered goods, unless such loss, injury, or damage to property was caused by negligence, omission, or intent on the part of the operator.
 
6. Personal data protection
6.1. The handling of buyers' personal data is subject to Act No. 101/2000 Coll., on the protection of personal data and on amendments to certain acts, as amended.
6.2. The buyer agrees to the processing of their personal data, which includes their first and last name, residential address, identification number, tax identification number, email address, gender, bank account number, and telephone number, and grants consent to the collection and processing of their personal data by the operator for the purposes of exercising the rights and obligations arising from the purchase contract, operating the loyalty program, and maintaining the user account. Unless the buyer chooses another option, they agree to the processing of personal data by the seller also for the purpose of sending commercial communications to the buyer. The buyer grants consent to the sending of commercial communications voluntarily and may revoke it at any time free of charge using the link provided at the end of the commercial communication. Consent to the processing of personal data in its entirety under this article is not a condition that would in itself prevent the conclusion of a purchase contract.
6.3. The buyer acknowledges that they are obliged to provide their personal data (during registration, in their user account, or when placing an order) correctly and truthfully and that they are obliged to inform the seller of any changes to their personal data without undue delay.
6.4. The seller may entrust the processing of the buyer's personal data to a third party as a processor.
6.5. Personal data will be processed for an indefinite period in electronic form by automated means or in printed form by non-automated means.
6.6. If the buyer believes that the seller or processor is processing their personal data in a manner that is contrary to the protection of the buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, they may:
ask the seller or processor for an explanation,
ask the seller or processor to fix the situation.
6.7. If the buyer asks for info about how their personal data is being processed, the seller has to give them that info. The seller has the right to charge a reasonable fee for giving out the info mentioned in the previous sentence, but it can't be more than what it costs to give out the info.
6.8. The buyer agrees to the sending of information related to the goods, services, or business of the seller to the buyer's email address and further agrees to the sending of commercial communications by the seller to the buyer's email address.
6.9. The buyer agrees to the storage of cookies on their computer. The buyer can manually delete, block, or completely disable individual cookies through their web browser settings. Individual cookies can also be blocked or enabled only for specific websites.
 
7. Final provisions
7.1. The language of communication between the operator and the buyer and the language of the purchase contract is Czech. Concluded purchase contracts are archived by the operator in electronic form and are not accessible to other persons.
7.2. If any provision of these terms and conditions is invalid or ineffective for any reason, this shall not invalidate or render ineffective the other parts of the terms and conditions or the purchase contract.
7.3. The operator may amend or supplement the wording of the terms and conditions. The amended terms and conditions shall take effect on the date of their publication. The rights and obligations of the operator and the buyer arising before the effective date of the new wording of the terms and conditions shall not be affected by the amendment.
7.4. If the relationship established by the purchase contract contains an international (foreign) element, the contracting parties agree that the relationship shall be governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
7.5. The seller is entitled to sell goods on the basis of a trade license. Trade inspections are carried out by the relevant trade licensing office within its jurisdiction. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended, within a defined scope.
7.6. The contracting parties have agreed that the courts of the Czech Republic shall have jurisdiction to hear any disputes between the operator and the buyer. Any disputes between the operator and the consumer may also be resolved out of court. In such a case, the consumer may contact an out-of-court dispute resolution body, such as the Czech Trade Inspection Authority, or resolve the dispute online via the designated ODR platform. Before resorting to out-of-court dispute resolution, the operator recommends that the buyer first use the email address info@bonsaicentrum.cz to resolve the situation. 
 
Shipping and payment
We currently ship goods via Česká pošta (Czech Post) or PPL. The prices for each shipping method are listed in the tables below.

Overview of shipping prices for the Czech Republic
PPL (cash on delivery fee CZK 40)    Payment in advance    Cash on delivery    Delivery time *
CZK 89    CZK 129    1-2 days
 
Overview of shipping prices for Slovakia
PPL (cash on delivery fee CZK 50)    Payment in advance    Cash on delivery    Delivery time *
CZK 150    CZK 200    3-5 days

* The delivery times listed apply only to working days. Most carriers do not deliver goods on weekends.
 

Payments
To ensure maximum customer satisfaction, we currently offer four methods of payment for goods.

Overview of available payment methods
Cash on delivery    Payment to the postman/courier upon receipt of the package
Payment by bank transfer    If you choose to pay by bank transfer, we will send you payment instructions by email together with your order confirmation. It is then necessary to ensure that you enter the correct account number and variable symbol in your online banking. The order will be shipped as soon as the payment is credited to our account. Bank transfers usually take a maximum of 24 hours (on working days).

Bank details
Fio banka a.s.
Bank account number: 2501704697/2010

Payment on site upon personal collection    Convenient cash payment at the company's headquarters (Libčany)
Payment by credit card    Currently, you can pay by credit card in our e-shop. There are no fees for credit card payments!

If you have any questions, please do not hesitate to contact us at info@bonsaicentrum.cz or by phone at (+420) 495585430 or (+420) 734487130.
According to the law on sales records, the seller is obliged to issue a receipt to the buyer. At the same time, they are obliged to register the received sales with the tax administrator online, or in the event of a technical failure, within 48 hours at the latest.
 

Contacts
The contact details below are for communication regarding your problem or query about the complaint process.

Bonsai centrum s.r.o., Libčany 137, 50322

Tel: (+420) 49 558 54 30  E-mail: info@bonsaicentrum.cz 

In Libčany on 2 October 2019