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Terms and Conditions

TERMS AND CONDITIONS

of the trading company

CannaSpace s.r.o.

with registered office at Korunní 2569/108, Vinohrady, 101 00 Prague 10

identification number: 17942888

registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 378415

for the sale of goods through the online store located at the website www.cannaspace.cz

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as "Terms and Conditions") of the business company CannaSpace s.r.o., with registered office at Korunní 2569/108, Vinohrady, 101 00 Prague 10, identification number: 17942888, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 378415 (hereinafter referred to as the "Seller") govern, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on a website located at the internet address www.cannaspace.cz (hereinafter referred to as the "Website"), through the website interface (hereinafter referred to as the "Web Interface of the Store").

1.2. The Terms and Conditions do not apply to cases where a person intending to purchase goods from the Seller is a legal entity or a person acting within the scope of their business activity or within the scope of their independent professional practice when ordering goods.

1.3. Provisions deviating from the Terms and Conditions may be negotiated in the Purchase Agreement. Deviating provisions in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement can be concluded in the Czech language.

1.5. The text of the Terms and Conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

2. USER ACCOUNT

2.1. Based on the Buyer's registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can perform orders for goods (hereinafter referred to as the "User Account"). If the Web Interface of the Store allows it, the Buyer can also order goods without registration directly from the Web Interface of the Store.

2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the User Account upon any change. The data provided by the Buyer in the User Account and when ordering goods are considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.

2.4. The Buyer is not entitled to allow the use of the User Account by third parties.

2.5. The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than 2 years, or if the Buyer breaches their obligations under the Purchase Agreement (including the Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of third-party hardware and software equipment.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentation of goods placed in the Web Interface of the Store is of an informative nature and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.

3.2. The Web Interface of the Store contains information about the goods, including the prices of individual goods and the costs for returning the goods if these goods, by their nature, cannot be returned by normal postal means. The prices of goods are listed including value-added tax and all related fees. Prices remain valid for as long as they are displayed in the Web Interface of the Store. Prices of goods are not adjusted to the person of the Buyer based on automated decision-making. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually negotiated conditions.

3.3. The Web Interface of the Store also contains information about costs associated with packaging and delivery of goods, and about the method and time of delivery. Information on costs associated with packaging and delivery listed in the Web Interface of the Store applies only in cases where the goods are delivered within the territory of the Czech Republic. In cases where the Seller offers free shipping, the condition for the right to free shipping on the part of the Buyer is the payment of a minimum total purchase price of the delivered goods in the amount specified in the Web Interface of the Store. In the event of a partial withdrawal from the Purchase Agreement by the Buyer, if the total purchase price of the remaining goods does not reach the minimum amount required for free shipping, the Buyer's right to free shipping expires and the Buyer is obliged to pay the shipping costs to the Seller.

3.4. To order goods, the Buyer fills out the order form in the Web Interface of the Store. The order form contains mainly information about:

  • the ordered goods (the Buyer "inserts" the ordered goods into the electronic shopping cart of the Web Interface);

  • the method of payment of the purchase price, details of the required method of delivery;

  • information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data they entered into the Order. The Buyer sends the Order to the Seller by clicking the "Order binding to payment" button. The data provided in the Order are considered correct by the Seller. Immediately upon receipt of the Order, the Seller shall confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the User Account or in the Order (hereinafter referred to as the "Buyer's Electronic Address").

3.6. Depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).

3.7. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the Order, which is sent by the Seller to the Buyer by e-mail to the Buyer's electronic address.

3.8. The Buyer agrees to the use of distance communication means when concluding the Purchase Agreement. Costs incurred by the Buyer when using distance communication means in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) are borne by the Buyer themselves, and these costs do not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT CONDITIONS

4.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:

  • in cash at the Seller's premises at Žitná 1688/3, 110 00 Nové Město, Prague;

  • in cash on delivery (COD) at the place specified by the Buyer in the Order;

  • by wire transfer to the Seller's account No. 2302443586/2010, maintained at Fio banka, a.s. (hereinafter referred to as the "Seller's Account");

  • cashless through the PayU payment system;

  • cashless by payment card;

  • in cash or by payment card upon personal collection at a parcel delivery point;

4.2. Along 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, the purchase price shall also include the costs associated with the delivery of the goods.

4.3. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash, on delivery, or at a delivery point, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 5 days of the conclusion of the Purchase Agreement.

4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless 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.

4.6. The Seller is entitled, especially if there is no additional confirmation of the Order by the Buyer (Art. 3.6), to require payment of the full purchase price before sending the goods to the Buyer. Section 2119, paragraph 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other.

4.8. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – invoice to the Buyer regarding payments made on the basis of the Purchase Agreement. The Seller is a payer of value-added tax. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.

4.9. We pack and ship your orders within 2 working days of placing the order. We always try to send your orders as quickly as possible.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase agreement for the delivery of:

  • goods manufactured according to the Buyer's requirements or adapted to their personal needs,

  • perishable goods or goods with a short shelf life, as well as goods that have been irretrievably mixed with other goods after delivery due to their nature,

  • goods in sealed packaging which are not suitable for return for health protection or hygiene reasons and which the Buyer has unsealed, and

  • audio or video recordings or computer programs in sealed packaging if the Buyer has unsealed them.

5.2. Unless it is a case mentioned in Art. 5.1 or another case where it is not possible to withdraw from the Purchase Agreement, the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829, paragraph 1 and 2 of the Civil Code within fourteen (14) days from the day on which the Buyer or a third party designated by them (other than the carrier) takes over the goods, or:

  • the last piece of goods, if the Buyer orders several pieces of goods within one order that are delivered separately,

  • the last item or part of a delivery of goods consisting of several items or parts, or

  • the first delivery of goods, if the contract provides for regular delivery of goods for a specified period.

5.3. Withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in Art. 5.2. For withdrawal, the Buyer may use the model form provided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send the withdrawal, among other things, to the address of the Seller's premises or to the Seller's e-mail address info@cannaspace.cz.

5.4. In the event of withdrawal from the Purchase Agreement, the agreement is cancelled from the beginning. The Buyer shall send or hand over the goods back to the Seller without undue delay, at the latest within fourteen (14) days of withdrawal, unless the Seller has offered to collect the goods themselves. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.

5.5. In the event of withdrawal, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal in the same manner as they were received. The Seller is not obliged to return the funds before the Buyer hands over the goods or proves that the goods have been sent back.

5.6. 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.

5.7. Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the Purchase Agreement at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay via wire transfer.

5.8. If a gift is provided with the goods, the donation agreement is concluded with a resolutive condition that if the Buyer withdraws from the Purchase Agreement, the donation agreement regarding such gift ceases to be effective and the Buyer is obliged to return the gift.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If the method of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.

6.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the Order, the Buyer is obliged to pay the costs associated with such delivery.

6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and notify the carrier immediately of any defects. If the packaging is found to be tampered with, the Buyer is not obliged to accept the shipment.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by relevant generally binding legal regulations (in particular Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection).

7.2. The Seller is responsible to the Buyer that the goods are free of defects upon receipt. Specifically, the Seller is responsible that the item:

  • corresponds to the agreed description, type, and quantity, quality, functionality, and compatibility;

  • is suitable for the purpose for which the Buyer requires it and to which the Seller agreed;

  • is delivered with agreed accessories and instructions for use.

7.3. The Buyer may complain about a defect that appears within two years of receipt.

7.4. If the item has a defect, the Buyer may request its removal (repair or delivery of a new item), unless the chosen method is impossible or disproportionately expensive.

7.5. Complaints (claims), including the removal of the defect, must be settled within thirty (30) days from the date of the claim, unless a longer period is agreed upon.

7.6. The Buyer can specifically exercise rights from liability for defects in person at the address Žitná 1688/3, 110 00 Nové Město or by e-mail at info@cannaspace.cz.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The Buyer acquires ownership of the goods by paying the full purchase price.

8.2. Out-of-court settlement of consumer disputes arising from the Purchase Agreement is the responsibility of the Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs.

8.3. 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.

9. PERSONAL DATA PROTECTION

9.1. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of personal data through a separate document.

10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

10.1. The Buyer agrees to the sending of information related to the goods, services, or business of the Seller to the Buyer's electronic address and further agrees to the sending of commercial messages by the Seller to the Buyer's electronic address.

11. FINAL PROVISIONS

11.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law.

11.2. 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 is as close as possible to the invalid provision.

11.3. Contact details of the Seller: registered office address Korunní 2569/108, Vinohrady, 101 00 Prague 10, premises Žitná 1688/3, 110 00 Nové Město, Prague, e-mail address info@cannaspace.cz.

In Prague on October 1, 2023