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Terms and Conditions

1.
Introductory provisions
1.1
These Terms and Conditions (Terms and Conditions) regulate the terms and conditions for the provision of services by Mrs. Hana Kurelová, IČO: 71667679, with its registered office at Jaurisova 515/4, Praha 4 – Michle, 140 00 (Operator) for Customers and thus constitute an integral part of the purchase contract (Contract) concluded between the Operator and the Customer in the Czech language within the meaning of Section 1751 of Act No. 89/2012 Coll., the Civil Code (Civil Code).
1.2
The Operator is the operator of the Internet application accessible at the Internet address www.cbdsuperhero.cz (E-shop). The E-shop shop is mainly used for ordering the goods that the Operator offers at a given moment in the E-shop interface (Goods). The presentation of the Goods in the E-shop does not constitute a legally binding offer, but it is a non-binding online catalogue, which is merely an invitation for the Customer to place a binding order for the Goods. The Operator is not obliged to enter into a purchase contract in respect of the Goods.
1.3
No Customer rights can be applied to gifts provided wholly free of charge. Such Goods meet the conditions of a contract of donation and are governed by the valid and effective laws for a contract of donation. A contract of donation is concluded between the Operator and Customer-Consumer with the resolutory condition that if the Customer-Consumer withdraws from the Contract within the 14-day period pursuant to section 1829 of Act No 89/2012, paragraph 1 of the Civil Code, the Customer-Consumer shall be obliged to return the provided gifts to the Operator along with the purchased Goods.
2.
Communication rules
2.1
Contact details of the Operator:
(a) email address: info@cbdsuperhero.cz
(b) delivery address: Jaurisova 515/4, Praha 4 – Michle, 140 00
(c) phone: +420 603 823 423
2.2
The primary method of communication between the Operator and the Customer is e-mail (exclusively via the above e-mail address). If the Customer communicates with the Operator via postal services (and only via the above mentioned delivery address), the Customer bears the costs of such communication and the Operator reserves the right to reply via e-mail if the Customer provides his/her e-mail address.
2.3
The aforementioned does not affect the right of the Customer-Consumer to make a claim (rights based on liability for fault, guarantee) at any trading place in which its receipt is possible in view of the range of Goods sold or at the registered office of the Operator.
3.
Conclusion of the Contract
3.1
Ordering of Goods by the Customer is performed by the Customer marking the selected Goods in the E-shop (by clicking on the "quick order" or "add to cart" button), filling in the correct data in the order form, selecting the delivery and payment method from the offer and sending the order (by clicking on the "send order" button) (Order). Before sending the Order, the Customer is allowed to check and, if necessary, modify the data in the Order. Upon receipt of the Order, the Operator confirms the Order by e-mail to the address specified by the Customer, whereby the Contract between the Operator and the Customer is concluded.
3.2
The Customer agrees to enter into the Contract by remote means of communication. The cost of the means of distance communication does not differ from the basic rate and is borne by the Customer.
4.
Goods price, payment and delivery
4.1
The Customer is obliged to pay the Operator the price for the goods stated in the E-shop and in the Order confirmation.
4.2
The prices of the Goods in the E-shop are inclusive of VAT, including all statutory charges. The cost of delivery of the Goods varies according to the payment and delivery method chosen.
4.3
The Customer selects the method of payment and delivery during the creation of the Order from the options offered in the E-shop and is obliged to bear the costs listed for them. In case of non-cash payment, the Goods will be sent to the Customer only after full payment of the price.
4.4
The Operator may extend the delivery time specified in the Order confirmation for reasons not caused by the Operator. The Customer shall be informed about the extension of the delivery time by e-mail or on telephone number specified in the Order.
4.5
If the Goods are not delivered to the Customer (or to a person designated by the Customer) due to reasons on the Customer's part (in particular failure to take delivery of the Goods at the agreed time), the Customer is obliged to reimburse the costs associated with the re-delivery of the Goods.
4.6
After payment of the price for the Goods, the Operator will issue an electronic invoice to the Customer to the Customer’s electronic address. For registered users it will save the invoice in their customer account or send it upon request.
5.
Customer User Account
5.1
The Customer can create a User Account in the E-shop:
(a) by selecting a password as instructed in the E-shop and checking the option "create a User Account" when completing the Order; or
(b) by filling in all required information in the "my eshop" section of the E-shop called "registration" and confirming the creation of the User Account (by clicking on the "register" button).
5.2
The user account is accessible to the Customer using his/her email address or user name and password (by clicking on the "log in" button).
5.3
The Customer is obliged to update the data provided in the User Account in case of any change so that it always corresponds to the current situation. The Customer is not entitled to allow third parties to use the User Account, and if this happens, the Customer is liable for such use of the User Account as if it were acting alone.
5.4
Access to the User Account is secured by a username and password. The Customer is obliged to maintain confidentiality regarding the information necessary to access his User Account and acknowledges that the Operator is not liable for any breach of this obligation by the Customer.
5.5
The Operator may prevent the Customer from using, or may cancel, their User Account, especially in the event that the Customer breaches their obligations to the Operator.
5.6
The Customer acknowledges that the E-shop and User Account may not be available around the clock. The operator is not responsible for this.
6.
Additional information for consumers and withdrawal from the Contract
6.1
A Consumer is any Customer - a natural person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a Contract with an entrepreneur (the Operator is an entrepreneur in this sense).
6.2
The provisions of this Article 6 apply only to a Contract concluded between the Operator and a Customer who is a consumer.
6.3
The Customer has the right to withdraw from the Contract without giving any reason within 14 days from the date of receipt of the Goods. Withdrawal from the Contract must be demonstrably delivered to the Operator at the delivery address (or address of registered office) or e-mail address. Upon delivery of a withdrawal from the Contract made in accordance with this Article, the obligations arising from the Contract shall be terminated from the outset. Withdrawal from the Contract must be sent to the Operator within the period specified in the first sentence of this provision. Exercise of the right to withdraw from the Contract must be performed by the Customer to the Operator by means of unilateral legal action, e.g. by letter sent via the postal service provider, by e-mail to the above e-mail address, or by using the form in the E-shop. The customer is provided with a sample withdrawal form here. The Customer must hand over the Goods for transport at the latest within 14 days of withdrawal from the Contract.
6.4
In particular, the Customer may not withdraw from the Contract if the Goods
(a) have been modified according to the Consumer's wishes or only for the Consumer's person,
(b) are perishable, as well as goods that have been irretrievably mixed with other goods after delivery, or
(c) have been removed by the Customer from the sealed packaging and cannot be returned for reasons of hygiene.
6.5
In the event of withdrawal from the Contract, the Customer shall bear the costs associated with the return of the Goods if the Goods cannot be returned by normal postal means due to their nature.
6.6
If the Customer withdraws from the Contract, the Operator shall not be obliged to return the received funds to the Customer before the Customer has handed over the Goods to the Operator or proved that the Goods have been sent to the Operator.
6.7
The Operator will repay to the Customer all the funds, including expenses for delivery of goods, which it has received from the Customer on the basis of the Contract in the same way. The Operator will repay to the Customer received funds in a different way only if the Customer agrees with this and the Operator does not incur further costs thereby. If the Customer select a Goods delivery method other than the cheapest one, the Operator will repay to the Customer the expenses for delivery of goods corresponding to the cheapest offered means of Goods delivery.
6.8
However, withdrawal from the Contract within a period of 14 days according to this article cannot be understood as a possibility of unpaid borrowing of Goods. In the case of use of the right to withdraw from the Contract within 14 days of receipt of the Goods, the Customer must, within 14 days, surrender to the Operator everything that it had received on the basis of the relevant Contract, including gifts. If this is not possible (for example if in the meantime the Goods had been destroyed or used up), the Customer must provide financial compensation as an equivalent for that which cannot be surrendered. If the returned goods are partially damaged, the Operator can assert against the Customer a right to compensation for damage and set off its claim against the returned purchase price and repay to the Customer the purchase price thus reduced.
7.
Liability for defects
7.1
The Customer's rights arising from defective performance are governed by the relevant provisions of the Civil Code.
7.2
The Operator shall be liable to the Customer for ensuring that the Goods are free from defects upon receipt. In particular, the Operator shall be liable to the Customer for the fact that at the time when the Customer took delivery of the Goods:
(a) the Goods have the characteristics specified in the E-shop,
(b) the Goods are delivered in the agreed quantity, measure or weight
(c) the Goods are fit for the purpose which the Operator specifies for them or for which Goods of this type are usually used
(d) the Goods correspond with the requirements of legal regulations.
7.3
If the Goods do not have the properties specified in the preceding provision, the Customer-Consumer may require the delivery of new fault-free Goods unless this is unreasonable in view of the nature of the fault, but if the fault applies only to a part of the Goods, the Customer-Consumer may require only the replacement of the part; if this is not possible, it may withdraw from the contract. But if in view of the nature of the fault it is disproportionate, in particular if the fault can be rectified without undue delay, the Customer-Consumer has the right to free rectification of the fault.
7.4
The Customer-Consumer has a right to the replacement of a part even in the case of a rectifiable fault if it cannot use the thing properly due to the repeated incidence of a fault following repair or due to a large number of faults. In such a case the Customer-Consumer also has the right to withdraw from the Contract.
7.5
If the Customer-Consumer does not withdraw from Contract or does not assert a right to the delivery of new fault-free Goods, it may require a commensurate discount. The Customer-Consumer also has the right to a commensurate discount if the Operator cannot deliver to it new fault-free Goods, replace their part or repair a thing, as well as in a case where the Seller does not ensure redress within a reasonable period or where the ensuring of redress would cause the Customer-Consumer significant difficulties.
7.6
As soon as the Customer discovers a defect, the Customer shall notify the Operator without undue delay and shall hand over the Goods to the Operator, or store them according to the Operator's instructions or otherwise deal with them in a suitable manner so that the defect can be examined.
7.7
If a fault is manifested within six months of receipt, it shall be assumed that the Goods were faulty upon receipt. This provision applies only for a Customer-Consumer.
7.8
If the defective performance is a material breach of the Contract, the Customer shall be entitled to one of the following options, according to the possibilities of the Merchant:
(a) to remedy of the defect through the supply of new Goods without defect or through supply of the missing Goods,
(b) to rectification of the fault by repair of Goods,
(c) to receive a reasonable discount, or
(d) to withdraw from the Contract.
7.9
The Customer shall inform the Operator of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Customer cannot change the choice made without the Operator's consent; this does not apply if the Customer has requested the repair of a defect that proves to be unrepairable. If the Operator does not eliminate the defects within a reasonable or statutory period of time or notifies the Customer that it will not eliminate the defects, the Customer may demand a reasonable discount in lieu of rectification of the defects or may withdraw from the Contract. If the Customer fails to exercise his/her right in time, he/she shall have the rights under the following paragraph.
7.10
If the defective performance is an insignificant breach of the Contract, the Customer shall be entitled to have the defect remedied by delivery of new goods without defect or delivery of the missing goods, or to a reasonable discount. As long as the Customer does not exercise the right to a discount or does not withdraw from the Contract, the Operator may supply what is missing or remedy the legal defect. Other defects may be rectified by the Operator at its option by repairing the Goods or supplying new Goods); the choice must not cause unreasonable costs to the Customer. If the Operator does not eliminate the defect of the Goods in time or refuses to eliminate the defect of the Goods, the Customer may demand a discount or may withdraw from the Contract. The Customer cannot change the choice made without the Operator's consent.
7.11
If the Customer is a consumer, the Operator or worker entrusted by the Operator is obliged to decide on the claim immediately or, in complicated cases, within three business days. A reasonable period needed for an expert evaluation of the fault depending on the type of product or service is not included in this period. In the case of Customer-Consumer, the claim (including rectification of fault) must be resolved without undue delay, at the latest within 30 days of making of the claim, unless the Operator and Customer-Consumer agree on a longer period. If this claim is not resolved by this deadline, this shall be considered a fundamental breach of Contract.
7.12
Should a Customer justifiably make a claim against a fault, the period for asserting rights based on faulty performance and any warranty period is halted for the period for which the Customer cannot use the faulty Goods. In addition, the Customer is also entitled to compensation for expenses expended specifically for the assertion of this right. The Customer is obliged to assert the right to compensation for these expenses with the Operator within one month of expiry of the period for claiming faults of the Goods.
7.13
The Customer shall be liable to the Operator for any reduction in the value of the Goods resulting from the handling of the Goods in a manner different from that required by their nature and characteristics.
7.14
The Customer has no right based on faulty performance if the Customer knew that a thing was faulty before the receipt of the Goods or if the Customer caused the fault itself.
7.15
The Customer may make a claim for defects in the Consumer Goods within twenty-four months of receipt. However, if the goods have a period of time (i.e. minimum durability) for which the item can be used, the warranty period is shortened and ends on the date stated on the packaging. This does not apply for Goods sold at a lower price for a fault for which the lower price was agreed, for wear and tear of Goods caused by their usual use, for used Goods for a fault corresponding to the level of use or wear and tear which the Goods had upon receipt by the Customer or if it arises from the nature of the Goods.
7.16
If a period for which the Goods can be used is specified on the Goods, on their container or in the instructions attached to Goods, this constitutes a quality guarantee. Under the quality guarantee the Operator undertakes that for the certain time the goods will be fit for use for usual purpose or that they will retain the usual properties. The guarantee period begins with the handover of the Goods to the Customer; if according to the Contract a thing was sent, the guarantee period begins from the moment when the Goods reach their destination. The customer has no right based on the guarantee if an external event caused the fault after the transfer of risk of damage to the Goods to the Customer. This shall not apply if the Operator caused the fault.
7.17
The procedure for exercising rights arising from defective performance and other complaints shall be governed by the Rules of Communication under Article 2 of these Terms and Conditions.
8.
Personal data protection
8.1
In order to provide services to Customers, the Operator must process certain personal data. Details are set out in the Privacy Policy available here in the E-shop.
9.
Final provisions
9.1
These Terms and Conditions may be amended by the Operator at any time. The Operator will inform the Customer about any change, in particular by e-mail or by directly publishing the new version of the Terms and Conditions in the E-shop. However, any changes will not apply to existing Contracts. By submitting an Order, the Customer confirms that he/she has read the current version of the Terms and Conditions and that he/she agrees with them. The new Terms and Conditions always apply to User Accounts created prior to their effectiveness.
9.2
The Operator reserves the right to change the characteristics of the Goods offered, including the prices for these Goods.
9.3
All legal relations arising under or in connection with these Terms and Conditions, the conclusion of the Contract and any other use of the E-shop are governed by the laws of the Czech Republic, regardless of from where they were accessed. The general courts of the Operator shall have exclusive jurisdiction to resolve any disputes arising out of or in connection with the Terms and Conditions or the Contract or in connection with them.
9.4
If any provision of the Terms and Conditions is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision whose meaning is as close as possible to the economic purpose of the invalid or ineffective provision. The invalidity or ineffectiveness of any provision shall not affect the validity and effectiveness of the other provisions. The invalidity or ineffectiveness of a provision only in relation to a particular entity or group of entities shall not affect the validity and effectiveness of those provisions in relation to other entities.
9.5
If a dispute between the Customer - Consumer and the Operator cannot be settled, the Customer - Consumer may seek out-of-court dispute resolution with the Czech Trade Inspection Authority, which is the competent body for out-of-court resolution of consumer disputes. The form and further information are available on the website of the Czech Trade Inspection Authority https://adr.coi.cz. The Customer-Consumer may also use the online dispute resolution platform set up by the European Commission at the address http://ec.europa.eu/consumers/odr/.
9.6
The Contract, including the Terms and Conditions, is archived by the Operator in electronic form and is not accessible
9.7
The Terms and Conditions come into force on the date of their publication in the E-shop, i.e. on 12. 07. 2024.