Terms and conditions of the online shop www.cbdsvet.cz
Service provider:
Creativeland s.r.o., a limited liability company, was established on 09. 2. 2018. It is registered in the Commercial Register under file number C 290122
Based: Jaurisova 515/4, Michle (Prague 4), 140 00 Prague.
1. Who are we and what do we do?
We are Creativeland and we are an exclusively Czech manufacturing and trading company, offering you a wide range of proven expertly prepared cannabis products.
1.1 Creativeland operates an online shop (hereinafter referred to as the “e-shop”) at www.cbdsvet.cz, which offers vetted, professionally prepared cannabis products.
1.2 The contractual relationship between Creativeland and you is governed by these Terms and Conditions and the relevant legislation, in particular Act No. 89/2012 Coll., the Civil Code.
2. Conclusion of the purchase contract
The following describes the process of concluding a purchase contract between you and Creativeland through an order on the e-shop and its subsequent progress
2.1 You can order Creativeland’s goods via the order form on the e-shop.
2.2 The form shall contain in particular information on:
- Goods;
- Prize;
- The method of payment of the purchase price of the goods;
- Details of the required method of delivery of the goods and
- Information on the costs associated with the delivery of goods.
Based on the provision of this information, an order is created (hereinafter referred to as the “Order“).
2.3 Before sending an Order to Creativeland, you are allowed to review and change the data that is to constitute the Order. The information you provide as part of the Order process is deemed to be current, true and accurate.
2.4 Upon receipt of an Order, Creativeland will acknowledge receipt of the Order by emailing you at the email address you provide in the Order or in your user account.
2.5 The Purchase Contract between Creativeland and you is concluded when you receive confirmation of receipt of the Order from Creativeland.
2.6 You shall bear the costs of using the means of communication incurred in connection with the negotiation of the purchase contract, provided that these costs do not differ in any way from the basic rate.
2.7 The goods will be delivered to you within 30 days of the conclusion of the purchase contract. Creativeland reserves the right to withdraw from the purchase contract in the event that the ordered goods are not in stock or in stock within 30 days of the conclusion of the purchase contract.
2.8 According to the Sales Records Act, Creativeland is obliged to issue you with a receipt. At the same time, it is obliged to register the sales received with the tax authorities online; in the event of a technical failure, within 48 hours at the latest.
2.9 The information about the goods and price given by Creativeland is binding except in the case of obvious error. Prices are presented inclusive of all taxes (e.g. VAT) and charges, except for delivery and packaging costs.
2.10. You are obliged to accept the goods. If you do not take delivery of the goods delivered to the delivery address specified in your order, Creativeland shall be entitled to withdraw from the contract of sale and you shall reimburse Creativeland for all costs incurred by Creativeland in connection with the dispatch of the goods in accordance with your order.
2.11. By purchasing hemp CBD goods from us you agree to use them solely for laboratory, study or collecting purposes.
2.12 This Agreement may be concluded in Czech, Slovak or English.
3. How does the user account work?
After entering your personal access information and password, you can manage your orders at www.cbdsvet.cz. However, when registering, please provide up-to-date information and respect the user rules – either those we have set within these terms and conditions or those required by the laws of each country.
3.1 Once you have registered, you will have access to your user interface (“User Account”).
3.2 You are obliged to provide all information in your user account correctly and truthfully and to keep it up to date.
3.3 Access to your user account is always secured with a username and password.
3.4 Please note that the user account or website may not be available around the clock, in particular with regard to necessary maintenance of hardware and software equipment or necessary maintenance of hardware and software equipment of our subcontractors. Creativeland s.r.o. shall not be liable for any damage caused by any unavailability.
3.5 Creativeland is entitled to terminate your user account upon prior notice if you violate the terms and conditions set by Creativeland or violate the law or the rights of third parties.
4. What personal data do we process?
When registering for a user account, as well as when ordering goods, the personal data you enter is processed. This processing is used to set up and operate the account and to administer orders.
You will receive information about the personal data processed for the purpose of ordering goods before the order is placed.
Information about the personal data entered when registering for a user account for the purpose of its administration can be found below.
If you would like to know more about processing, please read more here or contact us.
Creativeland (hereinafter also referred to as the “Controller”) processes the following personal data of the Buyer within the meaning of Regulation (EU) No 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 “Regulation”):
- name and surname,
- phone number,
- e-mail address,
- address,
- billing address,
- company name,
- company headquarters,
- ID NUMBER, VAT NUMBER,
- bank account number.
4.1.The aforementioned personal data will be processed for the purpose of identification of the contracting parties, communication between the contracting parties and performance of the concluded contract, for the duration of the contractual relationship and for a period of 10 years, unless a longer period is required by law or unless such processing is necessary for the purpose of protecting the rights and legally protected interests of the Controller. Such a procedure is permitted by Article 6(1)(b) and (f) of the Regulation.
4.2.The email address in case of purchase of goods may be processed for the purpose of inclusion in the database for sending commercial communications. This procedure is allowed by Section 7(3) of Act No. 480/2004 Coll., on Information Society Services, on the basis of the purchase of goods, unless you refuse it. These communications may only relate to similar goods and can be opted out at any time in a simple way – by sending a letter, e-mail or by clicking on a link in the commercial communication. The email address will be processed by the Controller for this purpose for a period of 3 years from the last concluded contract, unless you extend this period.
4.3.The Seller declares that all personal data is confidential and will not be disclosed to any third party. The exceptions are carriers, to whom the personal data of the Buyers are transferred to the minimum extent necessary for the delivery of the goods, providers of evaluation services, to whom the personal data of the Buyers are transferred to the minimum extent necessary for the evaluation, providers of payment gateways, to whom the personal data of the Buyers are transferred to the minimum extent necessary to enable the payment of the order, and processors, which may be:
a. The web hosting provider, WEDOS Internet, a.s., ID 28115708, with its registered office at Masarykova 1230, Hluboká nad Vltavou, 373 41, registered in the public register kept by the Regional Court in České Budějovice in section B, insert 1886.
b. Provider of the cloud solution for the accounting system, iPodnik Cloud s.r.o., with registered office at Jiráskova 306, Jinočany, 252 25, C 159262, registered at the Municipal Court in Prague.
c. Operator of the mobile application Asymbo s.r.o., with registered office at Hradilova 4/3, Židenice, 615 00 Brno, C 95049, registered at the Regional Court in Brno.
d. Individual outlets, if the customer chooses to have the goods delivered to the franchised retailer’s outlet.
e. Possibly other processors with whom the Seller will establish cooperation in the future.
4.4.The Buyer acknowledges that under the Regulation he has the right to:
- to request information from the Seller as to what personal data it processes,
- request access to this data from the Seller and have it updated or corrected, or request a restriction of processing,
- request the company to delete personal data – the company will delete the data if the deletion is not contrary to paragraph 1 of this information and the legitimate interests of the company,
- object in the case of processing carried out on the basis of a legitimate interest of the Seller,
- the right to data portability and the right to request a copy of the personal data processed, to lodge a complaint with the Office for Personal Data Protection and the right to effective judicial protection if the Buyer considers that his rights under the Regulation have been violated as a result of the processing of his personal data in violation of the Regulation.
5. Are you a consumer?
If you are using our service for private purposes, please see the rights that Czech law gives you.
5.1 The provisions of this article shall only apply if you enter into a contractual relationship with Creativeland exclusively as a consumer, i.e. as a person acting outside the scope of his/her business or profession.
5.2 According to the Civil Code, the consumer has the right to withdraw from the contract within 14 days of its conclusion without giving any reason.
5.3 You also have the right to withdraw from the purchase contract within 14 days of receipt of the goods, regardless of the method of receipt or payment.
5.4 Creativeland shall refund to the consumer the full amount of the price of the goods and the costs paid for their delivery within 14 days of withdrawal from the contract, in the same manner as it received payment from you. You are obliged to send or hand over the purchased goods to Creativeland within the same period at the latest. The goods should be returned to Creativeland (not on delivery) complete, preferably in their original packaging, and must not show signs of wear and tear or damage. You are responsible for the cost of returning the goods.
5.5 If the returned goods are damaged by your breach of duty, Creativeland shall be entitled to claim against you for the diminished value of the goods and to set it off against the amount returned.
5.6 According to Act No. 634/1992 Coll., on Consumer Protection, the consumer has the right to an out-of-court settlement of a consumer dispute arising from a contract. In such a case, the consumer is entitled to contact the Czech Trade Inspection Authority (Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, email: [email protected],web: adr.coi.cz). Out-of-court settlement of a consumer dispute is initiated exclusively at the consumer’s request if the dispute has not been resolved directly with the operator. The application may be lodged no later than 1 year from the date on which the consumer first exercised the right at issue with the operator. The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available on the website ec.europa.eu/consumers/odr/.
6. What if the purchased goods have a defect?
6.1. Details are set out in the Complaints Procedure.
7. General provisions
Creativeland is entitled to change the terms and conditions in the future. Creativeland will send you an email if a change occurs.
In the event that a dispute arises between you and Creativeland as a result of your use of the Service, the dispute will be resolved by Czech courts under Czech law.
7.1 Creativeland reserves the right to change the terms and conditions. If this happens, you will be notified of the change to the Terms and Conditions by sending a notice to the email address provided in your user account.
7.2 If our contractual relationship contains an international element, we hereby agree that the applicable law is Czech law. Any disputes shall be settled by Czech courts.
7.3 If any provision of these Terms and Conditions is or becomes invalid or ineffective, the validity of the remaining provisions shall not be affected by such invalidity or ineffectiveness.
These terms and conditions come into force on 20.5.2019.
Declaration of liability
The details are set out in the Declaration of Liability.
