1. Introductory provisions

1.1. These terms and conditions (hereinafter referred to as "Terms and Conditions") of the company Tropické rostliny cz, with its registered office in Hrádek nad Nisou, identification number: 21395713 (hereinafter referred to as "Seller") regulate, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as "purchase contract") concluded between the seller and another natural person (hereinafter referred to as "buyer") through the seller's online store. The online store is operated by the seller on a website located at the Internet address www.tropické-rostliny.cz (hereinafter referred to as "website"), through the website interface (hereinafter referred to as "web store interface").

1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person who acts when ordering goods within the scope of their business activities or within the scope of their independent profession.

1.3. Provisions deviating from the Terms and Conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the Terms and Conditions.

1.4. 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. The purchase contract can be concluded in the Czech language.

1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations that arose during the period of validity of the previous wording of the Terms and Conditions.

2. User account

2.1. Based on the buyer's registration on the tropical plant website, the buyer can access his user interface. From his user interface, the buyer can order goods (hereinafter referred to as the "user account"). If the store's web interface allows it, the buyer can also order goods without registration directly from the store's web interface.

2.2. When registering on the tropical plant 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.

2.3. 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.

2.4. The buyer is not entitled to allow third parties to use the user account.

2.5. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for longer than [period of time], or if the Buyer breaches his/her obligations under the purchase contract (including the terms and conditions).

2.6. The Buyer acknowledges that the user account may not be available continuously, in particular 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 the purchase contract

3.1. 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 Section 1732, paragraph 2 of the Civil Code shall not apply.

3.2. The web interface of the tropické roztření 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 listed including value added tax and all related fees. The prices of the goods remain valid for the period when 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 agreed conditions.

3.3. The web interface of the tropické roztření store also contains information about the costs associated with packaging and delivery of the goods. The information about the costs associated with packaging and delivery of the goods listed in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order the goods, the buyer fills out the order form in the web interface of the tropické roztření store. The order form contains in particular information about:

3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the tropicke rostliny store),

3.4.2. the method of payment for the purchase price of the goods, information on the requested method of delivery of the ordered goods and

3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

3.5. 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 "Complete order" button. The data specified in the order are considered correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "buyer's e-mail address").

3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer arises upon delivery of the order acceptance (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.

3.8. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the Buyer himself, and these costs do not differ from the basic rate.

4. Price of goods and payment terms

4.1. 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:

-1) cashless via the PayPal payment system - tropickerostliny@tropicke-rostliny.cz

- 2) cashless with a Visa, Mastercard payment card

4.2. Together with the purchase price, the buyer is also 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.

4.3. The seller does not require an advance payment or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of non-cash payment, the purchase price is payable immediately

4.5. 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.

4.6. The Seller is entitled, in particular in the event that the Buyer does not provide additional confirmation of the order (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.

4.7. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – ​​invoice to the Buyer regarding payments made on the basis of the purchase contract. The Seller is not a payer of value added tax. The tax document – ​​invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and shall be sent in electronic form to the Buyer's electronic address.

4.9. According to the Sales Registration Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

5. Withdrawal from the purchase contract

5.1. The buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a purchase contract for the supply of goods that have been modified according to the buyer's wishes or for his person, a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, a purchase contract for the supply of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygiene reasons, and a purchase contract for the supply of a sound or video recording or a computer program if the original packaging has been broken.

5.2. 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. 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, see Contact

5.3. V případě odstoupení od kupní smlouvy dle čl. 5.2 obchodních podmínek se kupní smlouva od počátku ruší. Zboží musí být kupujícím prodávajícímu vráceno do 2 dnů od doručení odstoupení od kupní smlouvy prodávajícímu. Odstoupí-li kupující od kupní smlouvy, nese kupující náklady spojené s navrácením zboží prodávajícímu, a to i v tom případě, kdy zboží nemůže být vráceno pro svou povahu obvyklou poštovní cestou.

5.4. V případě odstoupení od kupní smlouvy dle čl. 5.2 obchodních podmínek vrátí prodávající peněžní prostředky přijaté od kupujícího do čtrnácti (14) dnů od odstoupení od kupní smlouvy kupujícím, a to stejným způsobem, jakým je prodávající od kupujícího přijal. Prodávající je taktéž oprávněn vrátit plnění poskytnuté kupujícím již při vrácení zboží kupujícím či jiným způsobem, pokud s tím kupující bude souhlasit a nevzniknou tím kupujícímu další náklady. Odstoupí-li kupující od kupní smlouvy, prodávající není povinen vrátit přijaté peněžní prostředky kupujícímu dříve, než mu kupující zboží vrátí nebo prokáže, že zboží prodávajícímu odeslal.

5.5. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

5.6. In cases where 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, the seller is also 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 shall return the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.

5.7. 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 gift shall cease to be effective and the buyer is obliged to return the gift provided to the seller together with the goods.6. Transport and delivery of goods

6.1. If the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

6.2. If the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.

6.3. If, for reasons on the buyer's part, the goods must be delivered repeatedly or in a different way 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.

6.4. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

6.5. Other 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.

7. Rights from defective performance

7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of 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).

7.2. The Seller is responsible to the Buyer that the goods are free from defects upon acceptance. In particular, the Seller is responsible to the Buyer that at the time the Buyer accepted the goods:

7.2.1. the goods have the properties agreed upon by the parties, and in the absence of such agreement, have the properties described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of their advertising,

7.2.2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,

7.2.3. 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,

7.2.4. the goods are in the appropriate quantity, measure or weight and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a 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 they were taken over by the buyer, or if this results from the nature of the goods.

7.4. The buyer shall exercise rights arising from defective performance with the seller at the address of his business premises, where the acceptance of complaints is possible with regard to the range of goods sold, or possibly also at the registered office or place of business.

7.5. 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

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.

8.3. The seller handles consumer complaints via the electronic address lukysoldier@seznam.cz. The seller will send information about the handling of the buyer's complaint to the buyer's electronic address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from a purchase contract.

8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is the contact point pursuant to 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 online dispute resolution for consumer disputes).

8.6. The Seller is authorised to sell goods on the basis of a trade licence. The trade licence inspection is carried out within its scope by the relevant trade licence office. Supervision of the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

9. Protection of personal data

9.1. The Seller shall fulfil its information obligation towards the Buyer pursuant to Article 13 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR Regulation") relating to the processing of the Buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating this contract and for the purposes of fulfilling the Seller's public law obligations by means of a special document.

10. Sending commercial communications and storing cookies

10.1. The Buyer agrees to the sending of information related to the Seller's goods, services or business to the Buyer's email address and further agrees to the Seller sending commercial communications to the Buyer's email address. The Buyer shall fulfil its information obligation towards the Buyer pursuant to Article 13 of the GDPR regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications is fulfilled by the seller through a special document

10.2. 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 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

11.1. The buyer may be delivered to the buyer's electronic address.

12. Final provisions

12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.

12.2. By choosing the law according to Article 12.1 of the Terms and Conditions, the consumer is not deprived of the protection provided to him by the provisions of the legal order from which he cannot contractually deviate and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.5. The appendix to the terms and conditions consists of a sample form for withdrawal from the purchase contract.

12.6. Seller's contact details: delivery address:

Lukáš Vojáček Hrádek nad Nisou č.ev.236 zip code 46334, e-mail address tropicke-rostliny@seznam.cz, telephone +420 776 776 669

In Hrádek Nad Nisou on 15.11.2021