General Terms and Conditions applicable to individuals and legal entities
General Terms and Conditions for Natural or Legal Persons - Entrepreneurs
General Terms and Conditions of Canna b2b, s.r.o., with its registered office at Žižkova 708, Příbram II, 261 01, Czech Republic, Company ID: 02023024, Tax ID: CZ02023024, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 214621 (hereinafter referred to as the "Seller") for the sale of Goods through an online shop located at the Internet address www.budsforbuddies.com by natural or legal persons – entrepreneurs acting in the course of their business activities (hereinafter referred to as the "Buyer") (hereinafter referred to as the "GTC")
I. Introductory Provisions
- These GTC govern the mutual rights and obligations of the parties arising in connection with or on the basis of the purchase Agreement (hereinafter referred to as the "Contract") concluded between the Seller and a natural or legal person – entrepreneur through the Seller's online shop. The E-shop is operated by the Seller at the internet address www.budsforbuddies.com, through the web interface (hereinafter referred to as the "Web interface of the store") (the Goods offered by the Seller through the web interface of the store, hereinafter referred to as the "Goods").
- The GTC further regulate the rights and obligations of the parties to the contract when using the Seller's website located at www.budsforbuddies.com (hereinafter referred to as the "Website") and other related legal relationships.
- Provisions diverging from the GTC may be agreed in the Contract. Deviating provisions in the Contract take precedence over the provisions of the GTC.
- The provisions of the GTC are an integral part of the Agreement. The contract and the GTC are drawn up in Czech and, if applicable, English, in which case the Czech version is decisive.
- The wording of the GTC may be changed or supplemented by the Seller. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous version of the GTC.
II. User Account
- Based on the Buyer's registration made on the Website, the Buyer may access its user interface. From its user interface, the Buyer can order Goods (hereinafter referred to as the "User Account"). If the Web interface of the store allows it, the Buyer may also order Goods without registration directly from the Web interface of the store.
- When registering on the Website and when ordering Goods or services, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the data provided in the User Account upon any change. The data provided by the Buyer in the User Account and when ordering the Goods are considered correct by the Seller.
- Access to the User Account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his User Account and acknowledges that the Seller is not responsible for any breach of this obligation by the Buyer.
- 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/her User Account for more than 1 (in words: one) year, or if the Buyer breaches his/her obligations under the Contract (including the GTC).
- The Buyer acknowledges that the User Account may not be available continuously, especially 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.
III. Conclusion of the Contract
- The web interface of the store contains a list of the Goods or offered by the Seller, including the prices of the individual Goods offered. The prices of the Goods offered are inclusive of value added tax and all related fees and include all license fees and any license fee. The offer of Goods, as the prices of these 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 the Contract under individually agreed conditions.
- All offers for the sale of the Goods placed in the Web Interface of the shop are non-binding and the Seller is not obliged to conclude a Contract regarding these Goods.
- The web interface of the store also contains information about the costs associated with the packaging and delivery of the Goods.
- To order the Goods, the Buyer fills in the order form in the Web Interface of the Store. The order form contains information on:
- ordered Goods (the ordered Goods are "placed" by the Buyer in the electronic shopping cart of the Web interface of the Store);
- method of payment of the price of the Goods, information on the required method of delivery of the ordered Goods; and
- Information on the costs associated with the delivery of the Goods (hereinafter collectively referred to as the "Order").
- Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order by the Buyer, also with regard to the Buyer's ability to detect and correct errors made when entering data into the Order. The Buyer sends the order to the Seller by clicking on the "Send" button. The information provided in the Order is considered correct by the Seller. Immediately after receiving the Order, the Seller shall confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the User Interface or in the Order (hereinafter referred to as the "Buyer's Electronic Address").
- Depending on the nature of the Order (quantity of the Goods, price, expected shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (e.g. in writing or by phone).
- The contractual relationship between the Seller and the Buyer is established upon delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
- The Buyer acknowledges that the Seller is not obliged to conclude the Contract, especially with persons who have previously materially breached their obligations towards the Seller.
- The Buyer agrees to the use of means of distance communication when concluding the Contract. The costs incurred by the Buyer when using distance communication means in connection with the conclusion of the Contract (costs of internet connection, costs of telephone calls) shall be paid by the Buyer himself.
IV. Price of the Goods and payment terms
- The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Contract to the Seller in the following ways:
- cash on delivery at the place specified by the Buyer in the order;
- by cashless transfer to the Seller’s account (for payments in EUR) maintained at Fio banka, a.s., Na Florenci 2139/2, Nové Město, 110 00 Praha 1, Česká republika (Czech Republic), IBAN: CZ07 2010 0000 0029 0195 2358, SWIFT/BIC: FIOBCZPPXXX (hereinafter the “Seller’s Account”);
- cashless via the GoPay payment system;
- cashless via the PayU payment system;
- Together with the price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the Goods in the agreed amount. Unless expressly stated otherwise, the price and costs associated with the delivery of the Goods, including any license fee, are also understood.
- In the case of cash payment or cash on delivery, the price is payable upon receipt of the Goods. In the case of non-cash payment, the price is payable within 7 (in words: seven) days from the conclusion of the Contract. In the event of a delay in payment of the Goods, the Seller is entitled to claim default interest in the amount of 0.5% (in words: half a percent) of the outstanding amount for each day of delay. This is without prejudice to the Seller's right to damages. In the event of a delay in payment of the Goods, the Buyer also undertakes to pay the Seller a contractual penalty of 0.1% (in words: one tenth of a percent) of the outstanding amount for each day of delay. The Buyer shall pay the contractual penalty regardless of whether the Seller has suffered any damage. The contractual penalty and default interest are payable within 15 days (in words: fifteen days) from the date of the written request for payment.
- In the case of cashless payment, the Buyer is obliged to pay the price of the Goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the price is fulfilled at the moment the relevant amount is credited to the Seller's account.
- The Seller is entitled to demand payment of the full price before sending the Goods to the Buyer.
- Any discounts on the price provided by the Seller to the Buyer can be combined with each other.
- The Seller shall issue a tax document – invoice – to the Buyer regarding payments made on the basis of the Contract. The seller is a payer of value added tax. Tax document – invoice shall be issued by the Seller to the Buyer after payment of the price and sent in electronic form to the Buyer's electronic address or attached as part of the sent order.
V. Withdrawal from the Agreement
- Until the Goods are taken over or the service is provided by the Buyer, the Seller is entitled to withdraw from the Contract at any time. In such a case, the Seller shall return the price to the Buyer without undue delay, cashless to the account designated by the Buyer.
- The Seller is also entitled to withdraw from the Contract if the Buyer is in default with the payment of the price of the Goods for more than 2 (in words: two) weeks.
- The Buyer is entitled to withdraw from the Contract if the Seller is in default with the delivery of the Goods for more than 2 (in words: two) weeks from the agreed delivery date.
- The Buyer is not entitled to withdraw from the Contract in respect of the Goods that have been delivered properly, on time and without defects. The only exception is the purchase by mutual agreement in the maximum amount of 50% (in words: fifty percent) of the sale price.
- Withdrawal from the Contract must be made in writing and, in the case of Contracts concluded electronically, also electronically. Withdrawal from the Agreement is effective upon delivery of the notice of withdrawal to the other party.
- If a gift is provided to the Buyer together with the Goods, the Donation Agreement between the Seller and the Buyer is concluded with the condition that if the Contract is withdrawn, the Donation Agreement with respect to such gift ceases to be effective and the Buyer is obliged to return the gift provided to the Seller together with the Goods. In such a case, the seller reserves the right to return the prize or part thereof only after the gift has been returned.
VI. Transport, delivery of Goods and provision of services
- The method of delivery of the Goods is determined by the Seller, unless otherwise stipulated in the Contract. In the event that the method of transport is agreed upon at the request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
- If the Seller is obliged under the Contract to deliver the Goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the Goods upon delivery. If the Buyer does not take over the Goods upon delivery, the Seller is entitled to demand a storage fee of CZK 100 (in words: one hundred Czech crowns) or the Seller is entitled to withdraw from the Contract.
- In the event that, for reasons on the part of the Buyer, it is necessary to deliver the Goods repeatedly or in a different way than stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the Goods, or the costs associated with another method of delivery.
- Upon receipt of the Goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the Goods and in case of any defects, to notify the carrier immediately. In the event of a breach of the packaging indicating unauthorized intrusion into the shipment, the Buyer does not have to accept the shipment from the carrier. By signing the delivery note, the Buyer confirms that the packaging of the consignment containing the Goods has been intact.
- Other rights and obligations of the parties in the transport of the Goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
VII. Liability for Defects, Warranty
- The rights and obligations of the parties regarding the Seller's liability for defects, including the Seller's warranty liability, are governed by the relevant generally binding legal regulations, in particular the relevant provisions of the Civil Code.
- The Seller is liable to the Buyer for ensuring that the sold item is in conformity with the Contract, in particular that it is free of defects. Conformity with the Contract means that the sold item has the quality and utility properties agreed in the Contract, and if they are not described by the Seller, manufacturer or his representative as complying with the requirements of legal regulations, there is an appropriate quantity, measure or weight.
- In the event that the Goods are not in conformity with the Contract upon receipt by the Buyer (hereinafter referred to as the "Conflict with the Contract"), the Buyer has the right to have the defect removed by delivery of new Goods or delivery of missing Goods, as well as to have the defect removed by repairing the Goods, to a reasonable discount on the price or withdrawal from the Contract according to the terms and conditions specified in the Seller's Complaint Procedure (hereinafter referred to as the "Complaint Procedure"), which can be viewed here. The Seller is entitled to choose the method of removing the defect.
- Defects causing a Conflict with the concluded Contract are not considered if the Goods do not have any properties, standard or level of quality beyond what is expressly stated.
- Therefore, the Seller is not responsible, among other things, for the interaction of the data provided by the Seller with any hardware or software of the Buyer or third parties that are not explicitly mentioned for a specific service. If there is a loss or damage to the records or data of the Buyer or a third party that arises as a result of erroneous, illicit or inappropriate procedure of the Buyer or handling of data provided by the Seller, including reverse engineering, the Seller shall not be liable for such or any consequential damage.
- All rights of the Buyer arising from the Seller's liability for defects are exercised by the Buyer with the Seller at the address Pražská 145, Příbram II, 261 01. The moment of filing a complaint is considered to be the moment when the Seller received the claimed Goods from the Buyer.
- Other rights and obligations of the parties related to the Seller's liability for defects are regulated in detail by the Complaint Procedure, which can be viewed here.
- The Buyer is fully responsible for the legality of the product in the country of import (destination) ordered from the Seller's e-shop. The buyer is also fully responsible for the customs clearance of the product. The seller is not liable in the event that the customs administration of the country to which the import of the product is directed confiscates the product unjustifiably (i.e. in violation of the legislation of the importing country).
VIII. Other rights and obligations of the Contracting Parties
- The Buyer acquires ownership of the Goods by paying the full price of the Goods.
- The Buyer acknowledges that the software and other parts that make up the Web interface of the Store (including photographs of the offered Goods) are protected by copyright. The Buyer undertakes not to perform any activity that could enable him or third parties to interfere with or use the software or other components forming the Web interface of the Store without authorization.
- When using the Web Interface of the Store, the Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the Web Interface of the Store. The web interface of the shop may only be used to the extent that is not to the detriment of the rights of other customers of the Seller and that is in accordance with its purpose.
- The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 par. 1 lit. e) of the Civil Code. The Seller does not provide any other services after the sale of the Goods, except for the services explicitly stated by the Seller on its Website for individual Goods.
- The Buyer acknowledges that the Seller is not responsible for errors resulting from third party interference with the Website or as a result of using the Website contrary to their purpose.
IX. Personal data protection
- The seller duly fulfils all its obligations in relation to the protection of personal data. For the sake of better clarity, the seller has issued a special Personal Data Protection Directive that summarizes this matter.
X. Delivery
- Unless otherwise agreed, all correspondence related to the Agreement must be delivered to the other party in writing, by e-mail, in person or by registered mail through a postal service provider (at the sender's choice). The Buyer is delivered to the e-mail address specified in his User Account.
XI. Final Provisions
- If the relationship related to the use of the Website or the legal relationship established by the Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
- If any provision of the GTC is invalid or ineffective, or becomes invalid, the invalid provision shall 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 Contract or GTC require a written form.
- The Contract, including the GTC, is archived by the Seller in electronic form and is not accessible except for the fulfilment of the Seller's obligations stipulated by the applicable legislation. The Seller shall allow the Buyer access to the wording of the Contract upon request.
- The contractual relationship between the Buyer and the Seller is concluded for a period of time defined by the proper performance of the contracting parties according to the relevant Contract. Unless otherwise stipulated in specific cases, the parties are not entitled to cancel the Contract before its proper performance.
- Contact details of the Seller:
- mailing address: Canatura, Pražská 145, Příbram II, 261 01
- E-mail address: [email protected]
- Phone: +420 608 540 644
These GTC come into force and effect on 22.04.2025.