1. General provisions
1.1. Pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, these Business Terms and Conditions of business company SHI-BON Europe s.r.o., with registered office at Týn 638/5, 110 00 Prague 1, Company ID: 24299863, Tax ID: CZ24299863, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 194448, regulate mutual rights and obligations of the contracting parties arising from or in connection with a purchase contract entered into between the seller and another natural person on the seller’s online shop www.czechgreenlife.com.
1.2. The Business Terms and Conditions are not applicable to cases when any person who intends to purchase goods from the seller is a legal person or who, when ordering goods, acts in the scope of his/her business activities or independent performance of an occupation.
1.3. The business relation between the seller and buyer who is not an end consumer shall be resolved under terms and conditions agreed on an individual basis. Accordingly, the seller has a right to unilaterally refuse to enter into a purchase contract. The buyer shall be informed in this respect by the seller in writing to the buyer’s e-mail address specified in the order concerned.
2. Conclusion of a purchase contract
2.1. All presentations of goods on the web interface of the online shop www.czechgreenlife.com are informative only and the seller is not obligated to enter into a purchase contract relating to the goods.
2.2. The buyer’s order placed through the online shop www.czechgreenlife.com shall constitute the buyer’s binding proposal for conclusion of a purchase contract with the seller. The seller shall confirm the receipt of the order forthwith by e-mail to the e-mail address specified in the order by the buyer, whereas this confirmation shall not constitute the seller’s acceptation of the proposal for conclusion of a purchase contract.
2.3. The buyer has a right to cancel the order, i.e. to withdraw the buyer’s proposal for conclusion of a purchase contract, without any penalties, until the goods are shipped. The buyer must notify the seller of the cancellation of the order by e-mail.
2.4. A purchase contract is concluded at the moment the seller accepts the proposal for conclusion of a purchase contract, whereas this acceptation is understood as shipping the seller’s goods to the buyer or as an explicit acceptation provided by e-mail by the seller.
2.5. Prices of goods and services (e.g. postage) specified on the web interface are quoted in EUR including the applicable VAT rate under valid legislation.
2.6. The buyer gives consent to the use of remote communication means for conclusion of a purchase contract. Costs incurred to the buyer in connection with using the remote communication means (costs of the Internet connection, telephone calls) shall be paid by the buyer.
2.7. A purchase contract is executed in the Czech language; purchase contracts shall be retained by the seller in order to perform the same in a due form and shall not be accessible to third parties.
3. Payment terms
3.1. The price of goods and any costs connected with delivery of the goods under the given purchase contract can be paid to the seller by the buyer by cashless transfer through payment gateway 2checkout.
3.2. The goods shipped to the buyer shall be accompanied by a sales note, which, however, does not constitute a tax document. The seller shall send a tax document to the buyer at the latter’s written request.
4. Shipping and delivery of goods
4.1. Postage and packaging shall be paid by the buyer by the method selected by the buyer when placing an order for goods. These costs are subject to the prices quoted on www.czechgreenlife.com.
4.2. If, under a purchase contract, the seller is obligated to deliver goods to a destination indicated by the buyer in the latter’s order, the buyer must collect the goods upon delivery. Whenever goods are collected from a forwarder, the buyer must check the consignment for any signs of damage, and any defects discovered must be reported to the forwarder immediately. The buyer is not obligated to collect the consignment in case of any damage to the packaging attesting to an unauthorized opening of the consignment.
4.3 If, for reasons attributable to the buyer, the goods must be delivered repeatedly or in a method different from that specified in the order, the buyer must pay the costs associated with the repeated delivery of the goods, or, as the case may be, costs associated with a different method of delivery.
5. Withdrawal from contract
5.1. In conformity with Section 1829(1) of the Civil Code, the buyer has a right to withdraw from a purchase contract, without a reason being stated, within fourteen (14) days of receipt of the goods. The withdrawal from a purchase contract must be reported to the seller by e-mail or in writing to the seller’s address within the above period; the buyer can use the template form provided by the seller in the annex to the Business Terms and Conditions.
5.2. In case of the withdrawal as describe above, the purchase contract shall be cancelled ex tunc. The goods must be returned to the seller within fourteen (14) days of the withdrawal by the buyer. If the buyer withdraws from the purchase contract, the buyer is responsible for costs associated with returning the goods (e.g. postage), also in case the goods, by their nature, cannot be returned by the routine postal services.
5.3. If the buyer withdraws from the contract, the seller shall return the funds received by the buyer within fourteen (14) days of the withdrawal from the purchase contract by the buyer, using the same payment method in which the amount was received from the buyer, unless the seller and buyer specifically agree on a different method of payment that does not incur any additional costs to the buyer. The seller is under no obligation to return the money to the buyer before the latter returns the goods or proves that the goods have been sent to the seller.
5.4. In compliance with Section 1832 of the Civil Code, the buyer has a right to be returned the amount associated with returning the goods (postage) for acquisition of the goods (not for returning of the goods). This entitlement only applies to the cheapest option the seller has on offer (also in case the buyer opted for a more expensive method of delivery when placing the order).
5.5 The buyer acknowledges that, according to Section 1837 of the Civil Code, a purchase contract cannot be withdrawn from and the goods cannot be returned if the consumer has opened the goods, thereby disturbing the original packaging.
5.6. The buyer acknowledges that provided that the goods returned are damaged or worn out, the seller has a right to be compensated for the damage of the goods and may set off this claim unilaterally against the buyer’s claim for repayment of the purchase price.
5.7. If the buyer receives a gift together with the goods, the contract of donation between the seller and the buyer shall be concluded under a resolutive condition stipulating that in case the buyer withdraws from the purchase contract, the contract of donation shall expire, and the buyer is obligated to return the gift together with the goods.
5.8. Until the goods are collected by the buyer, the seller may withdraw from the purchase contract at any time. In such case, the seller shall inform the buyer in this respect by e-mail sent to the address specified in the buyer’s order and return the purchase price to the buyer without undue delay.
6. Rights from defective performance
6.1. The seller assumes liability vis-à-vis the buyer that goods shall be defect-free upon their handover and that, when the buyer collects the goods:
a) the goods have properties as agreed by the parties, and in the absence of such agreement, the goods have properties that have been described by the seller or manufacturer or which the buyer might have expected with respect to the nature of the goods and based on any promotional activities carried out by the seller or manufacturer;
b) the goods are fit for the purpose of the use that has been indicated by the seller or for which the goods of the given type are customarily used;
c) the quantity, range or quality of goods are compliant;
d) the goods comply with requirements of legal regulations;
6.2. The buyer’s right from defective performance arises upon a defect that the goods have at the time of collection by the buyer. If any defect shows within six (6) months of the collection of the goods, the goods shall be understood as defective at the moment of the collection of the same.
6.3. Where the defective performance constitutes a material breach of the contract, the buyer has a right:
a) to have the defect removed by being delivered a new defect-free thing or a missing thing;
b) to have the defect removed by having the thing repaired;
c) a reasonable deduction from the purchase price;
d) to withdraw from the contract.
6.4. Upon notification of the defect or without undue delay thereafter, the buyer must inform the seller of the right that the former has chosen. The buyer may not change the choice made without the seller’s consent.
6.5. The rights from defective performance shall be exercised by the buyer with the seller at the address of the Company’s registered office: SHI-BON Europe s.r.o., Týn 638/5, 110 00 Prague 1.
6.6. A right from defective performance shall be understood as exercised at the moment when the seller receives defective goods from the buyer.
6.7. The Czech Trade Inspection Authority (ČOI), with registered office at Štěpánská 567/15, 120 00 Prague 2, Ident. No.: 000 20 869, website: https://adr.coi.cz/cs, shall be competent for out-of-court resolutions of consumer disputes from purchase contracts. A platform for resolving disputes online available on website http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and buyer from purchase contract.
7. Personal data protection
7.1. The seller guarantees that all personal data provided by the buyer shall be processed in compliance with Act on Personal Data Protection No. 101/2000 Coll. Personal data are provided solely for the seller’s needs and shall not be transferred to any third persons, excepting forwarders, who receive only the data necessary for delivering the goods ordered to the buyer.
7.2. The buyer may ask the seller at any time to change or delete his/her personal data from the seller’s database.
8. Payer’s obligation to disclose information
8.1. In accordance with the Act on Registration of Sales, the seller is obligated to issue a sales receipt for the buyer. In addition, the seller must register the sales received online with the tax administrator; or within 48 hours in case of a technical failure.
These Business Terms and Conditions are valid from 01 April 2018.
Complaint Handling Rules
We provide our customers with a guarantee period as shown on the packaging of the given goods. Where the product or packaging or instructions for use indicate a use-by date in compliance with separate legal regulations, the guarantee period shall expire on such use-by date.
The guarantee period begins to run at the moment when the buyer receives the goods delivered. The guarantee period shall be extended by the duration of a guarantee repair of the product concerned. In case defective goods are replaced by new goods, the guarantee period begins to run again at the moment of collection of the new goods.
Making a complaint
We will try to comply with our customers’ wishes at all times. In case of any defects of the goods discovered during the guarantee period, the customer has a right to make a complaint with our company.
Please send the goods under complaint (wherever possible, including the sales note or an accompanying letter with a brief description of the defect) to our address.
In case of any complaints of cosmetic products are made on the basis of allergic reactions, a medical report must be attached to the goods sent back; we need this medical report for purposes of a complaint procedure conducted with our suppliers / manufacturers.
Address where your complaint should be sent:
SHI-BON Europe s.r.o., Týn 638/5, 110 00 Praha 1
Contact for making complaints:
We will inform you of receipt of the goods under complaint within 5 business days of receiving the goods for the complaint procedure in form of a complaint report sent to your e-mail address.
Settlement of complaints
Your complaint will be settled no later than within 30 days of receipt of the goods under compliant. In the event we fail to handle your complaint within the above period, we will replace your goods with new goods or return the money, whichever you prefer.
Customers are informed of the method of settlement of the claim by email in form of an entry in a complaint report.