AGB

General sales conditions
(hereinafter “Conditions”) issued by BIO HERBALIST s.r.o. IČO: 08268771, with its registered office at Charvátova 1988/3, Nové Město, 110 00 Praha 1, entered in the Commercial Register kept by the Municipal Court in Prague, (hereinafter referred to as the “Seller”):

I. General provisions

1.1. These conditions were developed in accordance with Act. No. 513/1991 Coll., Commercial Code, No. 40/1964 Coll., Act No. 89/2012 Coll., (Civil Code), as well as the related regulations, on Consumer Protection, as amended, and apply to consumer goods purchased in our online store.

1.2. These Terms govern the rights and obligations of the parties in concluding a purchase agreement (hereinafter referred to as the “purchase agreement”) between the seller and a natural person – a consumer (hereinafter referred to as the “customer”) through the seller’s online store at www.bioherbalist.com (hereinafter referred to as the “website”).

1.3. Provisions deviating from the Conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these Conditions.

1.4. We are selling our products as containing cannabidiol. If you have
questions about this product, please contact our customer service team at
prior to purchase.

1.4.1. By placing an order through our site, you warrant that you are at least 18 years old. If we are unsure of your age, we reserve the right to cancel your order.

1.4.2. By placing an order at Bio Herbalist you accept all responsibilities regarding the legality of the products that will be shipped to you. All products on the website are legally permitted in the Czech Republic. It’s your responsibility to know the rules and applicable customs regulations that exist in your country.

1.4.3. Bioherbalist.com does not guarantee in any way that the products available on this website are valid or legal / permitted outside of the Czech Republic.

1.4.4. Bioherbalist.com does not provide any medical assistance.

1.4.5. You accept that it is your responsibility for all damages, penalties, loss of income or property resulting from the purchase, consumption, use or abuse of a product from Bioherbalist.com. The Company and its owners, representatives and employees can not be held liable.

II. User account

2.1. Based on the buyer’s registration made in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration. The customer can order goods after registration on the website. It consists of filling in a registration form, which contains mainly the following information:
name and surname of the customer
email address
telephone number
residence, or mailing address

2.2. When registering on the website and when ordering goods, the customer is obliged to state all data correctly and truthfully. The customer is obliged to update the data specified in the user account in the event of any change. The data provided by the customer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the customer account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.

2.4. The seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates its obligations under the purchase agreement and these terms and conditions.

2.5. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.

III. Conclusion of the purchase contract

3.1. The seller publishes on the website the current offer of goods that the customer can purchase and have delivered.

3.2. All presentation of goods placed on the website is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.

3.3. The website also contains information on the costs associated with the delivery of goods. The costs associated with the packaging of goods are not charged by the seller. The information on costs associated with the delivery of goods are listed on the website.

3.4. The customer orders the goods by adding the goods to the electronic shopping cart on the website. The customer’s address and identification data provided during registration are automatically filled in the order form. The place of performance of the purchase contract is the address, or delivery specified by the customer in the registration form.

3.5. Before sending the order to the seller, the customer is allowed to check and change the data he provided in the order, or inserted, also with regard to the customer’s ability to detect and correct errors made when entering data into the order. The customer sends the order to the seller by clicking on the “Order” button. The data listed in the order they are deemed correct by the seller.

3.6. Before sending the order, the customer “by checking” an empty square box confirms that he has read these Conditions and that he agrees with them. The customer is sufficiently informed of the existence of these Conditions and their wording before the actual execution of the order and has the opportunity to become acquainted with them. The conditions are an integral part of the purchase contract.

3.7. The buyer can cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer can cancel the order by phone to the phone number or email of the seller specified in these terms and conditions.

3.8. The order is a binding offer of the customer to conclude a purchase contract. The seller is obliged to immediately confirm the receipt of the order to the customer, to the e-mail address provided by the customer during registration. By confirming the order by the seller, a contractual relationship is established between the seller and the customer.

3.9. The customer acknowledges that the seller is not obliged to enter into a purchase agreement, especially with persons who have previously materially breached the purchase agreement or the Conditions.

3.10. The purchase contract is archived by the seller for the purpose of its successful fulfillment. The purchase contract is not accessible to third parties.

3.11. In the event that there is an obvious technical error on the part of the seller when stating the price of goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer for this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt. Under these terms and conditions the seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his email address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by a confirmation of acceptance by the buyer to the email address of the seller.

IV. Price of goods and payment terms

4.1. The price of the goods is stated by the Seller in the Price List valid at the time of concluding the purchase contract. The prices of goods are listed including value added tax and all related fees. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.

4.2. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the customer can pay the seller in the following ways: payment with bank cards through payment gateway

4.3. Along with the purchase price of the goods, the customer is obliged to pay the seller the costs associated with the delivery of goods, if specified. Unless expressly stated otherwise, the purchase price of the goods also means the costs associated with the delivery of the goods.

4.4. In the case of non-cash payment, the customer is obliged to pay the purchase price of the goods together with the variable payment symbol (order number). In the case of non-cash payment, the customer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.

4.5. The seller is entitled to refuse delivery of the goods if the customer does not pay the purchase price of the goods in the agreed manner.

4.6. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the customer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document – invoice will be issued by the seller to the customer after payment of the price of the goods and will be sent in electronic form to the customer’s electronic address.

4.7. When purchasing via the order form on the website, the discount obtained through the discount coupon can be applied. The customer can apply for such a discount by checking the box “I have a discount code” and entering the discount code in the appropriate box called “discount code”. The customer can verify the validity of the discount code by clicking on the “verify” button. Further conditions for the application of discounts (including their time and material limitations) are set out in specific information on individual discounts published on the website, discount coupons or in any other appropriate way. The discount is provided to the end customer and is not intended for wholesale purchases.

4.8. Any discounts with the purchase price of the goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.

IV. Transport and delivery of goods

4.1. The seller is obliged to deliver the ordered goods to the place specified by the customer in the order. In the event that the seller will not be able to meet the deadline, he must inform the customer in advance.

4.2. The customer is obliged to take over the goods at the place and date of performance of the purchase contract, or arrange for another person to take over the goods.

4.3. In the event that for reasons on the part of the customer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the customer is obliged to pay the costs associated with repeated delivery of goods.

4.4. Upon receipt of the goods from the carrier, the customer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of finding a violation of the packaging indicating unauthorized entry into the shipment, the customer does not have to take over the shipment from the carrier.

V. Defective performance rights

5.1. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or manufacturer or expected by the buyer
the goods are suitable for the purpose, which for its use vendor lists or to which the goods of this type are normally used
goods correspond to the quality or making the agreed sample or template, if it was the quality or performance determined by an agreed sample or template the goods comply with the requirements of legal regulations.

5.2. Defects in the type, quantity and quality of goods and packaging, which can be detected with the usual care during the acceptance of goods must be reported immediately upon receipt of the goods, otherwise the customer loses claims for liability for such defects.

5.3. If the defect becomes apparent within six months of receipt of the goods by the buyer, it is considered that the goods were defective at the time of receipt.

5.4. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed.

5.5. In the event of defects the buyer may submit a complaint and request:
in exchange for new goods
a reasonable discount on the purchase price
withdraw from the contract (the buyer has the right to withdraw from the contract,
if the goods have a substantial defect, if the item cannot be used properly due to the recurrence of the defect or defects after repair, with a larger number of defects of the goods)

5.6. The customer exercises the rights from the defective performance at the seller’s address at the seller’s registered office or at the seller’s e-mail address: info@bioherbalist.com

5.7. The seller is obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, or in the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification.
The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of the claim is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.
The seller informs the buyer in writing about the result of the complaint.
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. The buyer can exercise this right from the seller within one month after the expiration of the warranty period.
The buyer has the choice of the method of complaint.

5.8. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by 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.
Other rights and obligations of the parties related to the seller’s liability for defects are regulated by the seller’s complaint procedure.
Notice:
The operator of this online store disclaims any responsibility for any potential damage to health in the unreasonable consumption of any products from our offer. Every consumer must know his limits and possibilities.

VI. Other rights and obligations of the contracting parties

6.1. The customer acquires ownership of the goods by paying the full purchase price of the goods and delivering it.

6.2. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the customer under a purchase agreement.

6.3. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

6.4. The customer acknowledges that the software and other components that make up the website (including photographs of the goods offered) are protected by copyright. The customer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components that make up the website.

6.5. The customer is not entitled to use mechanisms, software or other procedures when using the website that could adversely affect the operation of the website. The website may be used only to the extent that is not to the detriment of the rights of other customers of the seller and which is in accordance with its purpose.

6.6. The customer acknowledges that the seller is not responsible for errors caused by third party interventions in the website or as a result of using the website contrary to its purpose.

VII. Protection of personal data

7.1. The Seller declares that all personal data are confidential, will only be used to perform the contract with the buyer and will not be otherwise disclosed, provided to a third party, etc., except for a distribution or payment situation related to the ordered goods (communication of the name and delivery address). The operator of the online shop as a data controller (hereinafter referred to as the “Administrator”) hereby, in accordance with the provisions of Article 13 of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Regulation on the Protection of Personal Data hereinafter “the Regulation”), informs its customers (hereinafter referred to as the “Data Entity”) that:
The Personal Data of the Data Entity that will be handed over to the Administrator when the order is dispatched will be processed for the purpose of concluding the Purchase Agreement and its subsequent performance, including the settlement of any claims by the Data Entity for defective performance. The legal basis for the processing of the data subject’s personal data is therefore the fulfillment of the purchase contract based on the Order of the Data Entity and at the same time also the fulfillment of the legal obligations of the Administrator under the legal regulations governing rights and obligations in the context of consumer protection and accounting.
The reason for the provision of personal data to the Data Entity of the Administrator is the identification of the parties necessary for the conclusion and fulfillment of the purchase contract, which would not be possible without providing such data.
The Personal Data of the Data subject will be processed for as long as the Administrator is obliged to keep these data according to generally binding legal regulations, at least for 5 years according to the Act on Accounting or for 10 years according to the VAT Act.
When processing data subject’s personal data, automated decision making and profiling will not occur.
The administrator did not appoint a Data Protection Officer or designate a representative to perform the duties within the meaning of the Regulation. The personal data of the Data Entity may be provided by the data subject’s service provider for the proper execution of the order and also to the persons providing the legal and accounting services to the Administrators in order to ensure the proper fulfillment of the obligations stipulated by generally binding legal regulations. The Administrator does not intend to pass on the personal data of the Data Entity to other persons, to a third country, to an international organization or other than the above third parties.
The data subject has the right to require the Administrator to access his or her personal data, correct or delete it, or limit the processing, and object to processing, has the right to transfer these data to another administrator, as well as the right to file a complaint with the Personal Data Protection Authority, if it considers that the Administrator is in breach of the Regulation in the processing of personal data.

VIII. Withdrawal from the purchase contract

8.1. The customer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the customer’s wishes or for him, from the purchase contract for the delivery of perishable goods and goods , which was irretrievably mixed with other goods after delivery, from the purchase contract for the delivery of goods in a closed package, which the customer removed from the package and for hygienic reasons it is not possible to return.

8.2. If it is not a case referred to in Article 9.1 or another case where it is not possible to withdraw from the purchase contract, the customer has the right to withdraw from the purchase contract within fourteen (14) days in accordance with the provisions of § 1829 paragraph 1 of the Civil Code. from the receipt of the goods, and in the event that 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. Withdrawal from the purchase contract can be sent by the customer to the address of the seller’s registered office or to the seller’s e-mail address info@bioherbalist.com.

8.3. In the event of withdrawal from the purchase contract pursuant to this article of the Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller.

8.4. In the event of withdrawal from the contract pursuant to this article of the Conditions, the seller will return the funds received from the customer within fourteen (14) days of withdrawal from the purchase contract by the customer, in the same way as the seller received from the customer. The seller is also entitled to return the performance provided by the customer when returning the goods by the customer or in another way, if the customer agrees and the customer does not incur additional costs. If the customer withdraws from the purchase contract, the seller is not obliged to return the received funds to the customer before the customer returns the goods or proves that he sent the goods to the seller.

8.5. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the customer’s right to a refund of the purchase price.

IX. Final provisions

9.1. These Conditions are valid and effective from 30.7.2019.

9.2. The Seller is entitled to amend these Conditions and the Price List by unilateral notification (in writing, by e-mail or publication on the website) at least 1 (one) month before the change takes effect. Orders placed before the change of the Conditions or the Price List take effect are governed by the effective wording of the Conditions and the Price List.

9.3. If the relationship established by the purchase contract contains an international (foreign) element, then the legal relationship is governed by the law of the Czech Republic, especially Act No. 89/2012 Coll., The Civil Code and the courts of the Czech Republic, is determined by the registered office of the seller. This does not affect the consumer’s rights arising from generally binding legal regulations.10.4. If any provision of the Terms 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.

9.4. The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose or purpose.
The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.