Terms and Conditions
These business terms and conditions (hereinafter referred to as "Terms and Conditions") govern the terms and conditions of agreements between Yage organics sro,Šmeralova 5, Praha 7 170 00, identification number: 05353921, (hereinafter referred to as "the Seller") for the sale of goods via an on-line store located at www.yageorganics.com or www.yageorganics.cz. In accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “the Civil Code”), they regulate the mutual rights and obligations of the contractual parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as “the Purchase”) concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") via the Seller's online store. The e-shop is operated by the seller on a website located at www.yageorganics.com or www.yageorganics.cz (hereinafter referred to as the "website") whereas the agreements are effected by means of the website interface (hereinafter referred to as the "web interface").
These Terms and Conditions do not apply where a person intending to purchase goods from the Seller is a legal person, or a natural person acting in the course of carrying out his or her business or in his or her pursuit of his profession.
Terms deviating from the Terms and Conditions can be agreed in a specific individual purchase agreement. Specific arrangements in the purchase agreement take precedence over the provisions of the Terms and Conditions.
Terms and Conditions are an integral part of any purchase agreement. The purchase contract and terms and conditions drafted in the Czech language always take precedence. The purchase contract can be concluded in the Czech language only.
The Terms and Conditions may be amended or supplemented by the Seller. This provision shall not affect the rights and obligations arising during effectiveness of the previous Terms and Conditions.
User account
Upon registration of the individual buyer on the website, the buyer can access his user interface. From his user interface, the buyer may order goods (such an account hereinafter referred to as "user account"). In case the web interface of the shop allows for it, the buyer can also order goods without registration directly from the web interface of the shop.
When registering on the website and when ordering goods, the buyer is obliged to provide correct, accurate and true information. The Buyer is obliged to update the data stated in the User Account in case of any change thereof. The information given by the buyer in the user account and when ordering goods shall be deemed correct by the seller.
User account access is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
The Buyer is not entitled to allow third parties to use the User Account.
The seller may cancel the user account, especially if the buyer does not use his user account for more than 2 years, or if the buyer violates his obligations under the purchase agreement (including terms and conditions).
Buyer acknowledges that the user account may not be available constantly, especially with respect to the necessary maintenance of hardware and software of the seller, or with respect to the necessary maintenance of hardware and software of seller´s subcontractors.
Conclusion of the purchase contract
Any and all presentation of goods at the shop´s web interface is informative in nature only and the seller is not bound to enter into a purchase contract regarding the goods. Section 1732 (2) of the Civil Code does not apply.
The web interface of the store contains information about the goods, including prices of individual goods. The prices of the goods include VAT and all related charges. Prices of goods remain in effect as long as they are displayed in the store's web interface. This does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions. Any divergent arrangements in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.
The store web interface also contains information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of the goods listed in the web interface of the shop is applicable for the territory of the Czech Republic only.
For ordering of the goods, the buyer shall fill in the order form in the web interface of the shop. The order form contains especially information about: address of delivery, name, surname, phone or identification data of the company.
In case that after the conclusion of the purchase contract the situation arises when the Goods can become objectively impossible for the seller to deliver, the seller undertakes to inform the buyer immediately and reimburse the paid purchase price for the goods within 10 working days.
The contractual relationship between the Seller and the Buyer arises upon delivery of the order form acceptance (acceptance) sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
In concluding the purchase agreements, the buyer agrees to the use of the abovementioned means of distant communication.
Price of goods and Payment terms
The price of the goods and any costs associated with the delivery of goods according to the purchase contract may be paid by the buyer to the seller as follows:
• cash on delivery at the place specified by the buyer in the order
• credit or debit card;
• by wire transfer to Seller's Account No. 2201065491/2010 with Fio (“Seller's Account”);
• with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the amount agreed. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is payable within 3 days from the conclusion of the purchase contract.
In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods by declaring the variable symbol of the payment. In such case, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
The Seller is entitled, especially if the Buyer does not confirm the order, to request payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
If it is usual in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document – invoice - regarding payments made under the purchase contract. The seller is a payer of value added tax. The final tax document - invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and dispatch of the goods and sent in electronic form to the Buyer's email address.
Withdrawal from the contract
The Customer is entitled to withdraw from the purchase contract in cases where it is granted by Act No. 89/2012 Coll., The Civil Code, as amended, specifically its provisions of § 1829, within 14 days from the date of receipt of the Goods / Product by the Customer or a third party designated by him.
In order to exercise the right of withdrawal, the Customer must inform the Company of its withdrawal from this agreement in the form of a unilateral legal act (eg by a letter sent through a postal operator or by e-mail to eshop@yageorganics.com). It does not have to state the reason for withdrawing. For these purposes, the Customer may use (but it is not his / her duty) the Contract withdrawal form, the particulars of which are contained in Government Regulation No. 363/2013 Coll. on the model instruction on the right to withdraw from contracts concluded by distance, as amended. The Seller shall return to the Customer, together with the purchase price of the goods, the costs of delivery paid by the Customer.
In order to comply with the withdrawal period, it is sufficient to forward the withdrawal on the last day of the period to the authority which is obliged to deliver it (postal operator) or to e-mail it to eshop@yageorganics.com
Transport and delivery of goods
If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively the costs associated with other delivery methods.
Upon receipt of the goods you are obliged to check the status of the shipment, such as damage to the box, the integrity of the tape, etc. You are obliged to refuse to accept incomplete or damaged shipment. Damage to the consignment does not include normal denting of the box or curving of the corners of the parcel, which apparently arose during transport and most likely has no effect on the condition of the Goods taken over. You will notify us of any incomplete or damaged shipment without delay, write a claim report with the carrier and send it to us as soon as possible, and in electronic form within 24 hours at the latest. If your receipt is confirmed by your signature in the carrier's documents, we cannot take into account any additional complaints about incomplete or damaged shipments. If you do not accept the Goods upon delivery, we are entitled to charge a storage fee of CZK 50 / day and we also have the right to withdraw from the purchase contract.
Defects liability
The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of § 1914 to § 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer has received the goods:
• the goods have properties agreed upon by the parties and, in the absence of an agreement, the goods described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out;
• the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
• the goods correspond to the agreed sample or model in terms of quality or design, if the quality or design was determined according to the agreed sample or model,
• the goods are of an appropriate quantity, measure or weight; and
• the goods comply with legal requirements.
If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.
Rights from defective performance shall be exercised by the Buyer at the Seller's address, where acceptance of the complaint is possible with respect to the assortment of goods sold, possibly also at the registered office or place of business. The moment of claiming is considered the moment when the seller received the goods from the buyer.
Other rights and obligations of the contracting parties
The buyer acquires ownership of the goods by paying the full purchase price of the goods. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code. The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
Privacy and commercial communications
The protection of your personal data - if you are a natural person - is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended. By accepting these terms and conditions, you consent to the processing of your personal data: name and address, residence address, identification number, tax identification number, e-mail address, telephone number (hereinafter referred to as "Personal Data") and our processing of Personal Data for for the purpose of effecting rights and obligations under the sales contract, for the purpose of maintaining a user account and for sending you information and commercial communications. You acknowledge that you are obliged to provide your Personal Data (upon registration, in your user account, when ordering from the Store's Web Interface) correctly and truthfully and without undue delay informing us of any change in your personal data. We may authorize a third party to process the Personal Data as a processor. We will not pass on Personal Data to third parties without the Buyer's prior consent. Personal data will be processed for an indefinite period in electronic form by automated means or in printed form by non-automated means. You confirm that the personal information provided is accurate and that you have been instructed that this is a voluntary disclosure of Personal Information. If you believe that we or the processor are processing your Personal Data that is contrary to the protection of your private and personal life or the law, especially if Personal Data is inaccurate with respect to the purpose of processing, you can ask us or the processor for an explanation, or ask us or the processor to correct the situation. In particular, this may include blocking, correcting, supplementing or destroying Personal Data. If the Buyer's request under the preceding sentence is found justified, we or the processor shall immediately rectify the defective condition. If we or the processor fail to comply, you have the right to contact the Office for Personal Data Protection directly. This provision is without prejudice to your right to contact the Office for Personal Data Protection directly. If you ask us for information about the processing of your Personal Data, we will forward this information to you. For the provision of the information referred to in the previous sentence, we have the right to claim reasonable compensation not exceeding the costs necessary to provide the information. You agree to receive information related to our goods, services or business to your email address and further agree to receive commercial communications to your email address.
Sending business messages and storing cookies
The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address.
The buyer agrees to the storing of cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may at any time withdraw the consent under the previous sentence.
Delivery
The Buyer may be delivered to the e-mail address specified in his user account or specified by the Buyer in the order.
Final Provisions
If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.
If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, a provision whose meaning is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and amendments to the purchase contract or the terms and conditions require written form.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.