General Terms and Conditions

These general terms and conditions (“Terms”) of the company Atelier Za Mák s.r.o. with its registered office at Sedlo 13, 378 33 Číměř, ID No. 09823328, registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, Insert 30603/KSCB, email krafferovazahrada@gmail.com, phone number +420 777 579 251, business address Krafferova zahrada, Pražská 1286, 377 01 Jindřichův Hradec (“We” or “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations between you, as the buyer, and Us, as the seller, arising in connection with or on the basis of a purchase agreement (“Agreement”) concluded via the E-shop on the website www.krafferovazahrada.cz

All information regarding the processing of your personal data is contained in the Privacy Policy, which can be found here.

The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally change or supplement the wording of the Terms. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms.

As you likely know, we primarily communicate remotely. Therefore, our Agreement is also subject to the use of remote communication tools that allow us to reach an agreement without our simultaneous physical presence, and the Agreement is thus concluded remotely in the E-shop environment through the website interface (“E-shop web interface”).

If any part of the Terms contradicts what we have mutually agreed upon during your purchase process on Our E-shop, that specific agreement will take precedence over the Terms.

Some definitions

Price is the financial amount you will pay for the Goods;
Shipping Cost is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;
Total Price is the sum of the Price and the Shipping Cost;
VAT is the value-added tax according to applicable legal regulations;
Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
Order is your binding proposal to enter into an Agreement for the purchase of Goods with Us;
You are the person shopping on Our E-shop, referred to by legal regulations as the buyer;
Goods refers to everything you can purchase on the E-shop, meaning both products and services

General provisions and notices

The purchase of Goods is only possible through the E-shop web interface.
When purchasing Goods, it is your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information you provided in the Order to be correct and truthful.

Conclusion of the agreement

The Agreement with Us can only be concluded in the Czech language.

The Agreement is concluded remotely via the E-shop, with the costs of using remote communication tools being borne by You. These costs do not differ from the basic rate you pay for using these tools (especially for internet access); therefore, you should not expect any additional costs charged by Us beyond the Total Price. By submitting an Order, you agree to our use of remote communication tools.

In order for us to conclude the Agreement, you need to create an Order on the E-shop. This proposal must include the following information:

Information about the purchased Goods (you select the Goods you are interested in purchasing on the E-shop using the “Add to cart” button);
Information about the Price, Shipping Cost, method of payment for the Total Price, and the requested method of delivery; this information will be entered during the creation of the Order within the E-shop user interface, with information about the Price, Shipping Cost, and Total Price being provided automatically based on your chosen Goods, delivery method, and payment method;
Your identification and contact details used to enable us to deliver the Goods, specifically your first name, last name, delivery address, phone number, and email address.

During the creation of the Order, you can change and check the data until it is completed. After checking, you complete the Order by pressing the “Order with obligation to pay” button. Before pressing the button, however, you must confirm that you have read and agree to these Terms; otherwise, it will not be possible to complete the Order. A checkbox is used for confirmation and consent. After pressing the “Order with obligation to pay” button, all filled-in information will be sent directly to Us.

We will confirm your Order as soon as possible after it is delivered to Us by a message sent to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the email. The Terms in the version effective on the date of the Order, i.e., as attached to the confirmation email, form an integral part of the Agreement. The Agreement between Us and You is concluded upon confirmation of the Order.

There may also be cases where we cannot confirm your Order. These are mainly situations where the Goods are not available or cases where you order more items than we allow. However, we will always provide information about the maximum number of Goods within the E-shop in advance, so it should not be a surprise. If any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in a modified form compared to the Order. In such a case, the Agreement is concluded the moment you confirm Our offer.

In the event that an obviously incorrect Price is stated within the E-shop or in the Order, we are not obliged to deliver the Goods to you at this Price even if you have received an Order confirmation and the Agreement has thus been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Agreement in a modified form compared to the Order. The new Agreement is concluded the moment you confirm Our offer. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other retailers or a digit is missing or extra.

Once the Agreement is concluded, you are obligated to pay the Total Price.

Price and payment terms, retention of title

The Price is always stated within the E-shop, in the draft Order, and of course in the Agreement. In case of a discrepancy between the Price stated for the Goods in the E-shop and the Price stated in the draft Order, the Price stated in the draft Order applies, which will always be identical to the price in the Agreement. The draft Order also states the Shipping Cost, or conditions under which shipping is free.

The Total Price is stated including VAT and all fees required by law.

We will require payment of the Total Price after the conclusion of the Agreement and before the handover of the Goods. You can pay the Total Price in the following ways:

By bank transfer to the seller’s account No. 2301937197/2010, maintained at Fio banka. We will send you the payment information as part of the Order confirmation.
By card online to the seller’s account No. 2301937197/2010, maintained at Fio banka. In this case, the payment takes place via the Stripe payment gateway, and the payment is governed by the terms of this payment gateway, which are available at: https://stripe.com/en-cz/legal/consumer.

The invoice will be issued in electronic form after the Total Price has been paid and will be sent to your email address.

Ownership of the Goods passes to you only after you pay the Total Price and take delivery of the Goods. In the case of payment by bank transfer, the Total Price is paid when it is credited to Our account; in other cases, it is paid at the moment the payment is made.

Delivery of goods and transfer of risk of damage

The Goods will be delivered to you in the manner of your choice, and you can choose from the following options:

Personal pickup at Our business premises: Krafferova zahrada 1286, 377 01 Jindřichův Hradec
Delivery via your email

Goods can only be delivered within the Czech Republic.

The delivery time of the Goods always depends on their availability and the chosen delivery and payment method. The estimated delivery time will be communicated to you in the Order confirmation. In the case of personal pickup at the premises, we will always inform you about the possibility of picking up the Goods via email.

Upon receipt of the Goods, it is your obligation to check the integrity of the packaging and to notify Us immediately of any defects. If there is a defect in the packaging indicating unauthorized handling and entry into the shipment, you are not obliged to accept the Goods from the carrier.

If you breach your obligation to take delivery of the Goods, except for cases under Art. 5.4 of the Terms, it does not result in a breach of Our obligation to deliver the Goods to you. At the same time, the fact that you do not take delivery of the Goods is not a withdrawal from the Agreement between Us and You. However, in such a case, we have the right to withdraw from the Agreement due to your material breach of the Agreement. If we decide to withdraw from the Agreement, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Agreement does not affect the claim for payment of the Shipping Cost or the claim for damages, if any.

If, for reasons arising on your side, the Goods are delivered repeatedly or in a different way than agreed in the Agreement, it is your obligation to reimburse Us for the costs associated with such repeated delivery. We will send the payment details for these costs to your email address stated in the Agreement, and they are due 14 days from the delivery of the email.

The risk of damage to the Goods passes to you at the moment you take delivery. If you do not take delivery of the Goods, the risk of damage passes to you at the moment you had the opportunity to take delivery, but for reasons on your side, the handover did not occur. The transfer of risk of damage to the Goods means that from this moment on, you bear all consequences associated with the loss, destruction, damage, or any depreciation of the Goods.

Appearance of flowers

Due to the seasonality of flowers and local cultivation, dependence on our own production, and the influence of weather conditions, we reserve the right to create a floral arrangement according to the situation. The delivered flowers will differ from those shown in the e-shop. The images serve as illustrative photos and show the style and size in which the arrangement will be created.

Workshops and events

You secure a spot at a workshop or other event by paying the full fee for the chosen activity before the event.

The Agreement is concluded upon confirmation of the Order on the E-shop by the seller, see Art. 3 of these Terms.

We reserve the right to change the Order if the service cannot be performed for operational reasons, or if the specified minimum capacity for the given workshop or event is not reached. In such a case, you will be informed of the change and the refund of the paid amount.

Cancellation policy. In case of cancellation of participation in a workshop or other event more than 30 days before the scheduled date, we will refund 100% of the paid amount. In case of cancellation less than 30 days before the scheduled date, there is no right to a refund. However, it is possible to send a substitute person in your place.

Terms for using gift vouchers

Gift vouchers can be purchased on the page www.krafferovazahrada.cz in either electronic or paper form. The buyer chooses the form of the voucher while browsing the e-shop.

You can also redeem a gift voucher when purchasing at the premises by presenting the printed voucher to the seller.
The gift voucher is transferable to a third party.
The gift voucher can only be redeemed by the person who uses it first.
The gift voucher can be used for any product or service offered by the seller. Gift vouchers can be applied to discounted goods.
The gift voucher cannot be exchanged for cash.
The value of the gift voucher does not bear interest.

It is a security; in case of loss, the voucher cannot be replaced in any way, and the receipt for its purchase cannot be accepted as a replacement. Counterfeiting and altering vouchers is prohibited and punishable under applicable Czech law.

The validity of the gift voucher is limited; upon expiry of the period, the right associated with it expires. The seller does not provide money or any other form of compensation for the unused value of the gift voucher. The validity of gift vouchers cannot be extended.

If a gift voucher is redeemed in violation of the seller’s rules stated in this article, the seller has the right to refuse such a gift voucher and withdraw from the concluded purchase agreement.

Rights from defective performance

We guarantee that at the time of the transfer of risk of damage to the Goods according to Art. 5.7 of the Terms, the Goods are free of defects, specifically that the Goods:

correspond to the published description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other characteristics;
are suitable for the purpose for which you require them and with which you agree;
are suitable for the purpose for which Goods of this type are usually used;
correspond in quantity, quality, and other characteristics to the usual characteristics of Goods of the same type that you can reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, especially through advertising or labeling;

Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

In the event that the Goods have a defect, especially if any of the conditions under Art. 8.1 are not met, you can notify Us of such a defect and exercise rights from defective performance (i.e., claim the Goods) in person at the address Krafferova zahrada, Pražská 1286, 377 01 Jindřichův Hradec. Alternatively, by phone within 24 hours of receiving the goods according to Section 1837(a) and (e) of Act No. 89/2012.

If the Goods have a defect, you have the following rights to have the defect removed:

by delivery of new Goods without defect, or delivery of the missing part of the Goods.
by refunding the money

If you caused the defect in the Goods yourself, you are not entitled to rights from defective performance.

Withdrawal from the agreement

Withdrawal from the Agreement, i.e., the termination of the contractual relationship between Us from its beginning, can occur for the reasons and in the ways stated in this article, or in other provisions of the Terms where the possibility of withdrawal is explicitly mentioned.

As a consumer, you have the right to withdraw from the Agreement without giving a reason within a period of no later than 24 hours before the delivery of the Goods.

You cannot withdraw from the Agreement in cases where the subject of the Agreement is a performance listed in Section 1837 of the Civil Code. This includes, among other things, the inability to withdraw from a purchase agreement for the delivery of goods that have been customized according to the buyer’s wishes or for their person, from a purchase agreement for the delivery of perishable goods, as well as goods that were irretrievably mixed with other goods after delivery, from a purchase agreement for the delivery of goods in sealed packaging which the consumer removed from the packaging and which cannot be returned for hygienic reasons, and from a purchase agreement for the delivery of an audio or video recording or a computer program if they broke their original packaging.

We are entitled to withdraw from the Agreement at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons consisting in the nature of the Goods). We may also withdraw from the Agreement if it is obvious that you intentionally provided incorrect information in the Order. If you are purchasing goods as part of your business activity, i.e., as an entrepreneur, we are entitled to withdraw from the Agreement at any time, even without giving a reason.

Consumer dispute resolution

We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

We handle consumer complaints via the email address krafferovazahrada@gmail.com. We will send information about the settlement of the complaint to the buyer’s email address.

The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, ID: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Agreement. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase agreement concluded by electronic means.

The European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, 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 consumer ODR).

Copyright

Photographs located on the website www.krafferovazahrada.cz are protected by copyright. Unauthorized use of photographs located on this website constitutes an unlawful infringement of copyright (Act No. 121/2000 Coll., the Copyright Act, as amended).

Final provisions

If our legal relationship contains an international element (for example, if we send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this arrangement does not affect your rights arising from legal regulations.

We will deliver all written correspondence to you via electronic mail. Our email address is stated in Our identification details. We will deliver correspondence to your email address stated in the Agreement, in the User Account or through which you contacted us.

The Agreement can only be changed on the basis of our written agreement. However, we are entitled to change and supplement these Terms; such a change will not affect already concluded Agreements, but only Agreements concluded after the effective date of the change.

An attachment to the Terms is a sample form for a claim and a sample form for withdrawal from the Agreement.

These terms become effective on January 26, 2024