Terms and conditions

Terms and conditions

Companies

 

GREENSPOL s.r.o

Straky 68

STRAKY

248 25

ID: 26774615

VAT: CZ26774615

 

1. INTRODUCTORY PROVISIONS

 

  1. The Terms and Conditions do not apply to cases where the buyer who intends to purchase goods from the seller is a legal entity or aperson who, when ordering goods, acts as part of their business aktivity or as part of his independent profession.
  2. Provisions deviating from the terms and conditions may be agreed in a separate purchase contract. Deviating provisions in the purchase contract také precedence over the provisions of the terms and conditions.
  3. 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.
  4. The seller may change or supplement the wording 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.

 

2 . ORDERING GOODS - BUYER'S ACCOUNT

  1. Based on the buyer's registration on the website, the buyer can access his user interface. The buyer can order goods from his user interface (hereinafter referred to as the "user account"). The buyer can also order goods without registration directly from the store's web interface, according to the "how to shop" instructions.
  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" in the event of any change. The data provided by the buyer in the "user account" and when ordering goods are considered correct by the seller.
  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 his user account.
  4. The Buyer is not entitled to allow third parties to use the user account.
  5. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 24 months, or if the Buyer breaches his obligations under the purchase contract (including the terms and conditions).
  6. The Buyer acknowledges that his "user account" 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.

 

 

3. CONCLUSION OF A PURCHASE CONTRACT

 

    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 contract regarding these goods. The provisions of §1732 paragraph 2 of the Civil Code do not apply.
    2. The web interface of the store 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 including value added tax. The prices of the goods remain valid for the period they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
    3. The web interface of the store contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.
    4. To order goods, the buyer fills out an order form in the store's web interface. The order form contains, in particular information about:
    • ordered goods (the ordered "inserts" the ordered goods into the electronic shopping cart of the store's web interface),
    • method of payment for the purchase price of the goods, information on the requested method of delivery of the ordered goods,
    • information about the costs associated with the delivery of goods (hereinafter collectively referred to as the “order”).
    1. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, including with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "send order" button. The data specified in the order are considered correct by the seller. Immediately after receiving the order, the seller will confirm receipt of the order to the buyer by e-mail to the buyer's address specified in the user account or in the order (hereinafter referred to as the "buyer's e-mail address").
    2. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price amount, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
    3. The contractual relationship between the seller and the buyer is arises by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail, to the buyer's electronic mail address.
    4. If the seller cannot meet any of the requirements specified in the order, he will send the buyer an amended offer to the buyer's email address, indicating possible order variants, and request the buyer's opinion.
    5. An amended order is considered a new draft purchase contract and the purchase contract is concluded only upon acceptance by the buyer via e-mail.
    6. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself.
    7. The Seller reserves the right not to inform the Buyer about the progress of processing his order following the individual steps, i.e. removal from storage, packaging and shipping.

 

4. PRICE OF GOODS AND PAYMENT TERMS

  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:
  2. a) Cash - at the seller's warehouse at the address: Hronětice 3 Kostmlaty nad Labem 289 21
  3. b) COD - to the carrier at the location designated by the buyer
  4. c) Transfer - to the seller's account held at the Fio CZ bank under number: 2200068359/2010
  5. d) Payment gateway via Go Pay - according to the conditions set by the seller's web interface
  6. 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.
  7. The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4, paragraphs c, d, of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance by one of the optional non-cash payment methods.
  8. 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 (by transfer), the purchase price is payable within 7 days of concluding the purchase contract. If the maturity period is exceeded when paying by transfer, the seller does not guarantee that the ordered goods are still in stock, i.e. available to the buyer.
  9. 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.
  10. The seller is entitled, especially in the event that the buyer does not confirm the order additionally (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
  11. Possible discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
  12. Based on the order (conclusion of the purchase contract), the seller issues an invoice to the buyer as a tax document. The seller is a payer of value added tax (see VAT number above). Tax document - 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 upon request. The tax document in printed form is part of the delivery of the goods.

 

 

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

 

  1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of:
  2. a) goods that have been modified according to the wishes of the buyer or for his person, from the purchase contract for the supply of goods,
  3. b) goods whose price depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period.
  4. c) goods that are subject to rapid deterioration.
  5. d) goods that have been irretrievably mixed with other goods after delivery,
  6. e) goods that the consumer has removed from the packaging and cannot be returned for hygiene reasons.
  7. f) alcoholic beverages that can only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of the seller's will.
  8. g) sound or video recordings, or computer programs, if their packaging has been broken.
  9. h) newspapers, periodicals or magazines.
  10. i) digital content, unless it was delivered on a tangible medium and was delivered with the buyer's prior express consent before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract.
  11. Unless it is a case specified in Article 5.1 of the 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.
  12. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which is an annex to the terms and conditions. The buyer can send the withdrawal from the purchase contract, among others, to the address of the seller's business premises or to the seller's e-mail address. The provisions of Article 11 of these terms and conditions apply to the delivery of the withdrawal from the contract. The seller will confirm the receipt of the withdrawal from the contract to the buyer without undue delay by text confirmation.
  13. In the event of withdrawal from the purchase contract according to Article 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 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 the usual delivery method (by post, courier) due to their nature.
  14. In the event of withdrawal from the contract pursuant to Article 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 manner in which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the Buyer's return of the goods or in another manner, 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.
  15. 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.
  16. In accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, the right to withdraw from the purchase contract, the seller is 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.
  17. 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.

 

 

6. TRANSPORTATION AND DELIVERY OF GOODS

 

  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.
  6. Delivery options:

    Within the Czech Republic

    For orders over 3,000 CZK, the shipping costs are paid by the supplier.

    For orders under 3,000 CZK:

      převodem dobírkou
    GLS 140 Kč 170 Kč
    GLS Parcel shop 52 Kč 82 Kč
    Česká pošta 159 Kč 189 Kč
    Balíkovna 65 Kč 95 Kč
    Zásilkovna 86 Kč 116 Kč
    Osobní odběr 0 Kč ---

     

    Within the Slovakia

    For orders over 3,000 CZK, the shipping costs are paid by the supplier.

    For orders under 3,000 CZK:

    převodem dobírkou
    GLS Parcel shop 219 Kč 249 Kč
    Zásilkovna 159 Kč 189 Kč

     

 

7. RIGHTS FROM DEFECTIVE PERFORMANCE

 

  1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (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:
  1. 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.
  2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used.
  3. the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template.
  4. the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations.
    1. The provisions set out in Article 7, paragraphs a-d of the Terms and Conditions do not apply in the case of goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their usual use, for 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.
    2. 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.
    3. The buyer shall exercise the rights arising from defective performance with the seller at the address where the complaint can be accepted with regard to the range of goods sold, or at the registered office or place of business. The moment of exercising the complaint is considered to be the moment when the seller received the goods complained of from the buyer.
    4. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

 

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

 

  1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
  2. The seller is not bound by the provisions of Section 1826, paragraph 1, letter e) of the Civil Code in relation to the buyer.
  3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company 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 valid trade license.
  5. The buyer assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
  6. The buyer confirms his responsibility for his obligations by respecting all the requirements mentioned in these terms and conditions as the basic rules for concluding a purchase contract with the seller.

 

9.PERSONAL DATA PROTECTION


    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, address of residence, identification number, tax identification number, e-mail address, telephone number and (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 rights and obligations under the purchase contract and for the purposes of maintaining a user account. 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 a purchase contract.
    4. The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
    5. The Seller may authorize a third party, as a processor, to process the Buyer's personal data. Apart from persons transporting the goods, personal data will not be transferred to third parties by the Seller without the Buyer's prior consent.
    6. Personal data will be processed for an indefinite period. 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 are accurate and that he has been informed that the provision of personal data is voluntary.
    8. If the buyer believes that the seller or the processor (Article 9.5) 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, in particular if the personal data are inaccurate with regard to the purpose of their processing, he may:
    • request an explanation from the seller or the processor,
    • request that the seller or the processor eliminate the situation that has arisen in this way.
    1. 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.

 

 

10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

  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, if this consent is confirmed when concluding the contract.
  2. The Buyer agrees to the storage of so-called cookies on his computer. In the event that the purchase on the website can be made and the Seller's obligations under the purchase contract can be fulfilled without the storage of so-called cookies on the Buyer's computer, the Buyer may revoke the consent in accordance with the previous sentence at any time.

 

11. DELIVERY

  1. The contracting parties may deliver ordinary correspondence to each other via electronic mail to the electronic mail address specified in the buyer's user account, or specified by the buyer in the order, or to the address specified on the seller's website.
  2. Notices concerning the relationship between the seller and the buyer, in particular regarding withdrawal from the contract, must be delivered by registered mail. Notices are delivered to the relevant contact address of the other party and are considered delivered and effective at the time of their delivery by mail, with the exception of notices of withdrawal from the contract made by the buyer, where withdrawal is effective if the notice is sent by the buyer within the withdrawal period.
  3. A notice is also considered delivered if the recipient refused to accept it, if it was not collected during the storage period, or if it was returned as undeliverable.
  4. Any written correspondence is delivered to the address specified by the buyer in the order form. This address is considered by the seller to be the buyer's contractual address.

 

12. FINAL PROVISIONS

  1. Both parties, the seller and the buyer, agree that the relationship arising from the conclusion of the purchase contract is governed by Czech law, the Civil Code of the Czech Republic.
  2. If any provision of the terms and conditions in the fulfillment of the purchase contract proves to be ineffective for finding a solution in a specific situation, both parties undertake to try to find a new solution in interested cooperation and amicably.
  3. The ineffectiveness of one provision does not affect the validity of the other provisions.
  4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
  5. The appendix to the terms and conditions consists of a form for withdrawing from the purchase contract.
  6. Seller's contact details: address for letter delivery: GREENSPOL s.r.o Straky 68 Straky 289 25, e-mail: koupit@diomedea.cz or greenspol@greenspol.cz
  7. Successful handling of complaints, in particular exchange or return of goods, is conditional on sending the shipment to the warehouse address: Hronětice 3 Kostomlaty nad Labem 289 21
  8. The terms and conditions are valid from the date of their issue on: 1.12.2023

Amendment to the EU Regulation of 25.5.2018 - Personal data protection conditions

I.

Basic provisions

  1. I The controller of personal data pursuant to Article 4(7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as: “GDPR”) is Greenspol s.r.o., Company ID 26774615, with its registered office at: Straky 68, 28925, STRAKY (hereinafter referred to as: “Controller”).

    The contact details of the Controller are:

    Address: Straky 68, 28925, STRAKY

    email: greenspol@greenspol.cz

    telephone: +420 325 514 054

    Personal data means all information about an identified or identifiable natural person; An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person

 

II.

Sources and categories of processed personal data

  1. The Administrator processes personal data that you have provided to him/her or personal data that the Administrator has obtained based on the fulfillment of your order.
  2. The Administrator processes your identification and contact data and data necessary for the fulfillment of the contract.

III.

Legal basis and purpose of processing personal data

  1. The legal basis for processing personal data is

the performance of the contract between you and the controller pursuant to Article 6(1)(b) of the GDPR,

the legitimate interest of the controller in providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(f) of the GDPR,

your consent to processing for the purposes of providing direct marketing (in particular for sending commercial communications and newsletters) pursuant to Article 6(1)(a) of the GDPR in conjunction with Section 7(2) of Act No. 480/2004 Coll., on certain information society services in the event that no order for goods or services has been placed.

2.The purpose of processing personal data is

to process your order and exercise the rights and obligations arising from the contractual relationship between you and the administrator; when placing an order, personal data is required that is necessary for the successful processing of the order (name and address, contact), the provision of personal data is a necessary requirement for the conclusion and performance of the contract, without the provision of personal data it is not possible to conclude the contract or for the administrator to perform it,

sending commercial communications and carrying out other marketing activities.

 

IV.

Data retention period

  1. The administrator stores personal data

for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the administrator and to assert claims from these contractual relationships

until the consent to the processing of personal data for marketing purposes is revoked, for a maximum of 3 years if the personal data is processed on the basis of consent.

  1. After the personal data retention period has expired, the administrator deletes the personal data.

 

V.

Data retention period

  1. The administrator stores personal data

for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the administrator and to assert claims from these contractual relationships

until the consent to the processing of personal data for marketing purposes is revoked, for a maximum of 3 years if the personal data is processed on the basis of consent.

  1. After the personal data retention period has expired, the administrator deletes the personal data.

VI.

Recipients of personal data (subcontractors of the controller)

  1. Recipients of personal data are persons
  • participating in the delivery of goods/services/payments under the contract,
  • providing e-shop operation services and other services related to the operation of the e-shop,
  • providing marketing services.
  • Greenspol s.r.o. has concluded contracts with these processors, which impose on these entities the obligation to protect personal data in accordance with European Commission Regulation 2016/679 on the protection of natural persons. The administrator does not transfer personal data to a third country (a country outside the EU) or an international organization.

VII.

Your rights

  1. Under the conditions set out in the GDPR, you have

the right to access your personal data pursuant to Article 15 GDPR,

the right to rectify personal data pursuant to Article 16 GDPR, or to restrict processing pursuant to Article 18 GDPR.

the right to erase personal data pursuant to Article 17 GDPR.

the right to object to processing pursuant to Article 21 GDPR and

the right to data portability pursuant to Article 20 GDPR.

the right to withdraw consent to processing in writing or electronically to the address or email of the controller.

You also have the right to file a complaint with the Office for Personal Data Protection if you believe that your right to personal data protection has been violated.

 

VIII.

Conditions for securing personal data

  1. The Administrator declares that it has taken all appropriate technical and organizational measures to secure personal data.
  2. The Administrator has taken technical measures to secure data storage and storage of personal data in paper form.
  3. The Administrator declares that only persons authorized by him have access to personal data.

 

VIII.

Final provisions

  1. By submitting an order from the online order form, you confirm that you are familiar with the terms and conditions of personal data protection and that you accept them in full.
  2. You agree to these terms and conditions by checking the consent via the online form. By checking the consent, you confirm that you are familiar with the terms and conditions of personal data protection and that you accept them in full.
  3. By agreeing to the terms and conditions of business and personal data protection, I confirm that I am over 16 years of age. In the case of a lower age, consent is subject to the so-called Parental Consent (consent of the legal representative - i.e. a parent, a court-appointed guardian or another person who exercises parental responsibility for the child.) This consent can be sent by email to the address of the personal data controller.
  4. The controller is entitled to change these terms and conditions. It will publish a new version of the terms and conditions of personal data protection on its website and will also send you a new version of these terms and conditions to your email address that you provided to the controller.

These terms and conditions come into effect on 1.12.2023.

   

Forms can be downloaded here:

 

Form for withdrawal from the purchase contract

 

Form for making a complaint