1. INTRODUCTORY PROVISIONS
1.1. These Business terms and conditions (hereinafter referred to as “Business terms and conditions”) of ANNABIS s.r.o., Company identification No. CZ28627164, company with the registered office at Šlechtitelů 813/21, 779 00 Olomouc, Czech Republic, Europe, registered in the Companies Register kept by the Regional Court in Ostrava, Section C, Insert 44762 (hereinafter referred to as “the Seller”) in accordance with the provision of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “the Civil Code”), define the mutual rights and obligations of the Parties established by or in relation to the Purchase Agreement (hereinafter referred to as “the Purchase Agreement”) entered into by the Seller and another natural person (hereinafter referred to as “the Buyer”) through the e-shop operated by the Seller. The e-shop is operated by the Seller at a website placed at www.annabishemp.com (hereinafter referred to as “the Website”), using the website interface (hereinafter referred to as “the E-shop Web Interface”). By concluding the purchase contract, the Buyer confirms that he has read these conditions and that he agrees with them.
1.2. The Business Terms and Conditions do not apply to cases when a person intending to buy goods from the Seller is a legal person that orders the goods within the scope of their business activities or as a part of carrying out their professional activities.
1.3. Provisions different from those specified in the Business Terms and Conditions may be stipulated in the Purchase Agreement. Any divergent provisions specified in the Purchase Agreement shall prevail over the provisions set forth in the Business Terms and Conditions.
1.4. The business relationship between the Seller and the Buyer, who is not the final consumer, is resolved according to individually agreed conditions. This means that the Seller is entitled to unilaterally refuse to enter into the Purchase agreement. He or she informs the Buyer about this fact by writing an email to the email address specified in the order.
1.5. The Seller may change or amend the wording of the Business Terms and Conditions. The above clause shall not affect any rights or obligations that came into existence during the term of any previous version of the Business Terms and Conditions.
2. ENTRY INTO THE PURCHASE AGREEMENT
2.1. The E-shop Web Interface provides information on the goods including the prices of individual goods. The goods prices are stated including value added tax and all related fees. The prices of goods shall remain valid while displayed on the E-shop Web Interface. This provision shall not prevent the Seller from entering into the Purchase Agreement under individually set conditions.
2.2. The Buyer’s order made via the E-shop Web Interface a binding proposal of the Buyer to conclude the Purchase contract with the Seller. The Seller will immediately confirm the acceptance of the order by email to the email address specified by the Buyer in the order, and this confirmation is not an acceptance of the Seller’s proposal to conclude the Purchase contract.
2.3. The Buyer has the right to cancel the order, i.e. to withdraw his proposal to conclude the Purchase contract, without any penalties until the moment of dispatch of the goods. The Buyer is obliged to inform the Seller of the cancellation of the order by email or telephone.
2.4. The Purchase contract is concluded by the acceptance of the proposal for the conclusion of the Purchase contract by the Seller, and the acceptance is considered to be the sending of goods by the Seller to the Buyer or the explicit acceptance by the Seller via email.
2.5. The prices of goods are listed on the E-shop Web interface in EUR, including the relevant VAT rate according to applicable legislation.
2.6. The Buyer agrees with the use of remote communication when concluding the Purchase Agreement. Any costs incurred by the Buyer when using remote communication in relation to the conclusion of the Purchase Agreement (internet connection or telephone calls costs) shall be paid by the Buyer.
2.7. The Purchase contract is concluded in the English language and is archived by the Seller for the purpose of its proper performance and is not accessible to third parties.
2.8. An order via the E-shop Web Interface can only be made by a person over 18 years of age.
2.9. By concluding the Purchase contract, the Buyer confirms that he has read these terms and conditions, including the complaints procedure, and that he agrees with them.
3. PAYMENT TERMS
3.1. Together with the purchase price, the Buyer is also obliged to pay any stipulated costs related to goods handling and delivery. The invoice amount can be paid by:
- Cashless bank transfer to the Seller’s account.
- Cashless through the comgate payment system.
3.2. The delivery costs depend on the carrier of each country:
| Austria | 9,00 € | AT DPD HD |
| Belgium | 13,00 € | BE Post HD |
| Bulgaria | 9,00 € | BG Speedy HD |
| Croatia | 8,00 € | HR DPD HD |
| Denmark | 12,00 € | DK Post Nord HD |
| Finland | 22,00 € | FI Post Nord HD |
| Greece | 14,00 € | GR Taxydromiki HD |
| Hungary | 6,00 € | HU Home delivery HD |
| Netherlands | 12,00 € | NL DHL HD |
| Romania | 7,00 € | RO Home delivery HD |
| Slovenia | 7,00 € | SI Post HD |
| Sweden | 16,00 € | SE Post Nord HD |
3.3 We shall not acknowledge your Order until we receive validation and confirmation of payment. The Seller sends together with the goods to the buyer a proof of sale, which, however, does not serve as a tax document.
4. TRANSPORTATION AND DELIVERY OF GOODS
4.1. If the method of transport is agreed on the basis of the Buyer’s request, the Buyer shall bear the risk and any additional costs related to the selected transportation method.
4.2. If the Seller is obliged to deliver goods to a place specified by the Buyer in the Order, the Buyer is obliged to take over the goods at the time of delivery. Upon goods acceptance from the carrier, the Buyer is obliged to check the integrity of the packaging, and in the event of any defects, report such defects to the carrier without delay. If the integrity of the packaging is broken and shows signs of unauthorized entry or opening, the Buyer is not obliged to accept the shipment from the carrier.
4.3. If it is necessary to deliver the goods repeatedly or by other means of delivery than specified in the Order for reasons on the Buyer’s part, the Buyer is obliged to bear all the cost of such repeated deliveries or for the cost related to another method of delivery.
4.4. The delivery time is between 2-7 working day.
5. WITHDRAWAL FROM PURCHASE AGREEMENT
5.1. The Buyer shall have a period of 14 days to withdraw from the Purchase contract, without giving any reason from the date of receipt of the goods. The Buyer should be required to send back the goods not later than 14 days after having informed the Seller about his decision to withdraw from the Purchase contract.
5.2. In the event that the Buyer withdraws from the contract, the Seller should reimburse, no later than fourteen days after the withdrawal from the contract, all payments received from the Buyer, including those covering the expenses borne by the Seller to deliver goods to the Buyer, by the same way. The Seller will return the money received to the Buyer in another way only if the consumer has agreed and if he does not incur additional costs.
5.3. Section 1837 of Act No. 89/2012 Coll., The Civil Code, states the conditions under which the consumer cannot withdraw from the contract.
5.4. The buyer acknowledges that if the goods returned to the seller will be damaged, worn or partially consumed, the seller is entitled to compensation for damage caused to him. The seller is entitled to unilaterally set off the right to compensation for the damage against the buyer’s right to a refund of the purchase price. Normal damage of the packaging caused by unpacking the goods cannot be considered as impairment of the goods.
5.5. Cancellation of the Purchase contract by the Seller – the Seller reserves the right to cancel the Purchase contract or part of it in the following cases: the goods are already sold out and new will not be produced, or the supplier’s price has changed significantly, in case of obvious error in the price. In case when this situation occurs, the Seller will immediately contact the Buyer to agree on further action.
6. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. If possible, the buyer will inspect the item as soon as possible after its receipt in accordance with § 2104 (no later than 24 hours after its receipt) The Civil Code, and make sure of their quantity and properties.
6.2. In case of a situation leading to a defective situation (complaint) Act No. 89/2012 Coll., the Civil Code is followed.
6.3. The out-of-court settlement of consumer complaints is provided by the Seller via the electronic address eshop@annabishemp.com. The Seller will send information on the settlement of the Buyer’s complaint to the Buyer’s e-mail address.
7. PERSONAL DATA PROTECTION
7.1 Personal data protection of a Buyer who is a natural person is governed by Act No. 101/2000 Coll. on Personal Data Protection, as amended.
7.2. The Buyer confirms that the provided Personal Data are accurate and that the Buyer is aware of the fact that the data were provided voluntarily.
7.2. The Buyer agrees that the following personal data are processed and used: name and surname, permanent address, company identification number, tax identification number, email address, telephone number, (hereinafter jointly referred to as “Personal Data”).
7.3. Personal data is used only for the purposes of the Seller (ANNABIS s.r.o., Company identification No. CZ28627164) and is not provided to third parties, except for carriers, to whom only the data is strictly necessary for the transport.
7.4. The Buyer has the right at any time to request by e-mail to eshop@annabishemp.com the Seller to change or delete his personal data from the seller’s database.
8. DISTRIBUTION OF COMMERCIAL MESSAGES AND SAVING COOKIES
8.1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer.
8.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the Seller’s obligations under the purchase contract without storing so-called cookies on the Buyer’s computer, the Buyer may revoke the consent under the previous sentence at any time.
9. FINAL PROVISIONS
9.1. If any provision of the Business terms and conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the Purchase contract or business conditions require a written form.
9.2. The Purchase contract, including the Business terms and conditions, is archived by the seller in electronic form and is not accessible.
These Business terms and conditions are valid from August 1, 2021.
Australia
Austria