Powered by Smartsupp

General Terms and Conditions for Canatura Wholesale

General Terms and Conditions of trading company Canna b2b, s.r.o., with the registered office at Žižkova 708, Příbram II, 261 01, Czech Republic, ID No.: 02023024, VAT No.: CZ02023024, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 214621  (hereinafter referred to as the “Seller”), for the sale of Goods to natural persons or legal entities acting in the course of business (hereinafter referred to as the “Buyer” or “Buyers”), through the on-line store operated by the Seller at the Internet address www.canaturawholesale.com (hereinafter referred to as the “Terms and Conditions”).

 

I. Introductory Provisions

1. These Terms and Conditions govern mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “Contract”) concluded between the Seller and a natural person or a legal entity - entrepreneur through the Seller's online store. The Seller operates the online store at the Internet address www.canaturawholesale.com via a web interface (hereinafter referred to as the “Web Interface of the Store”) in which presentation of goods offered by the Seller is placed (hereinafter referred to as the “Goods”).


2. The Terms and Conditions further regulate the rights and obligations of the contracting parties in connection with using the Seller's website located at www.canaturawholesale.com (hereinafter referred to as the “Website”) and other related legal relations.


3. Provisions derogating from the Terms and Conditions may be agreed upon in the Contract. Derogating provisions in the Contract shall take precedence over the provisions of the Terms and Conditions.


4. These General Terms and Conditions are an integral part of the Contract. The Contract and the Terms and Conditions are drawn up in the Czech language and, as the case may be, also in the English language, in which case the Czech version of the Terms and Conditions and of the Contract will prevail.


5. The Seller may change or amend the wording of the Terms and Conditions. This provision shall be without prejudice to the rights and obligations arisen during the validity of the previous version of the Terms and Conditions.

 

II. User Account

1.The Buyer orders Goods from the user interface (hereinafter referred to as the “User Account”), which the Buyer can access after registration made on the Website. If the Web Interface of the Store allows it, the Buyer may choose to order Goods without registration, directly from the Web Interface of the Store.


2. When registering on the Website and ordering Goods, the Buyer is obliged to state all information correctly and truthfully. The Buyer shall update the data stated in the User Account upon any change thereof. Information provided by the Buyer in the User Account and when ordering Goods will be considered correct by the Seller.


3. Access to the User Account is secured by the username and password. The Buyer is obliged to maintain confidentiality regarding data necessary to access their User Account and notes that the Seller is not liable for the Buyer breaching this obligation.


4. The Buyer is not entitled to allow the use of the User Account by third parties.


5. The Seller may cancel the Buyer's User Accounts, in particular if the Buyer has not used the User Account for more than 1 (in words: one) year or if the Buyer has breached their obligations under the Contract (including the Terms and Conditions).


6.The Buyer acknowledges that the User Account may not be available continuously, in particular due to necessary maintenance of the Seller's hardware and software or necessary maintenance of third parties' hardware and software.

 

III. Conclusion of Contract

1. The Web Interface of the Store contains a list of Goods offered by the Seller, including prices of individual Goods items offered. The prices of the Goods offered are quoted including value added tax and all related fees and, if applicable, any licence fees and royalties. The offer of Goods and the prices of the offered Goods remain valid as long as they are displayed in the Web Interface of the Store. This provision does not limit the Seller's possibility to conclude a Contract on individually agreed terms.


2. All offers for the sale of Goods placed in the Web Interface of the Store are non-binding and the Seller is under no obligation to conclude a Contract for the sale of the Goods.


3. The Web Interface of the Store also indicates the cost of packaging and delivery of the Goods.


4. To order the Goods, the Buyer will fill in the order form in the Web Interface of the Store. In particular, the following information must be entered in the form:

  • the Goods ordered (the Buyer shall “place” the ordered Goods in the online shopping basket of the Web Interface of the Store);
  • the method of payment of the price of Goods, required way of delivery of the Goods ordered; and
  • information about costs associated with the delivery of the Goods

(hereinafter collectively referred to as the “Order”).


5. Before sending the Order to the Seller, the Buyer may check and, if necessary, change the information that the Buyer entered into the Order; this allows the Buyer to identify and correct errors that may have occurred on completing the Order. The Buyer sends the Order to the Seller by clicking the “Submit Order” button. The Seller will consider the data given in the Order to be correct. The Seller will acknowledge receiving the Order by means of a confirmation e-mail sent immediately to the Buyer's e-mail address specified in the User Interface or in the Order (hereinafter the “Buyer's E-mail Address”).


6. Depending on the nature of the Order (quantity of Goods, purchase price, estimated delivery costs), the Seller has always the right to ask the Buyer for additional confirmation of the Order (e.g. in writing or by phone).


7. The Seller and the Buyer enter into the Contract, i.e. a contractual relationship is established between them, upon delivery of the Order confirmation (Order acceptance) email that is sent by the Seller to the Buyer's E-mail Address.


8. The Buyer notes that the Seller is under no obligation to conclude a Contract, in particular with persons or entities that have previously materially breached their obligations to the Seller.


9. The Buyer agrees to use means of remote communication for concluding a Contract. Costs incurred by the Buyer upon the use of means of remote communication in connection with concluding the Contract (cost of Internet connection, cost of telephone calls) shall be borne by the Buyer.

 

IV. Price of Goods and Payment Terms

1. The price of Goods and any costs associated with the delivery of the Goods under the Contract may be paid by the Buyer to the Seller in any of the following ways:

  • cash payment on delivery at the place specified by the Buyer in the Order;
  • cashless transfer to the Seller's account No. 2301818657/2010 (for payments in CZK) with Fio Banka (hereinafter the “Seller's Account”);
  • cashless transfer to the Seller's account No. 2801818661/2010 (for payments in €) with Fio Banka (hereinafter the “Seller's Account”);
  • cashless transfer via the GoPay payment system;
  • cashless card payment through a payment gateway;
  • cash or bank card payment at the Canatura Wholesale shop at Pražská 145, Příbram II, 261 01.


2. The Buyer is obliged to pay to the Seller the purchase price of the Goods and the costs associated with the packaging and delivery of the Goods in the agreed amount. Unless explicitly stated otherwise, the quoted purchase price should hereinafter be understood as inclusive of the costs associated with the delivery of the Goods and inclusive of licence fees, if applicable.


3. If the Buyer pays cash or has chosen to pay cash on delivery, the purchase price will be payable upon receipt of the Goods. If the Buyer makes a cashless transfer, the purchase price will be payable within 7 (in words: seven)days of entering into the Contract. Should the Buyer be in arrears with the payment for Goods, the Seller will be entitled to claim interest on arrears in the amount of 0.5% (in words: half a percent) of the amount due for each day of delay. This condition will apply without prejudice to the Seller's right to claim damages.


4. Buyers paying via a cashless transfer are obliged to fill in the variable symbol of the transaction when paying the price of the purchased Goods. If the Goods are paid for via a cashless transfer, the Buyer's obligation to pay the purchase price of the Goods is considered fulfilled upon the crediting of the appropriate amount to the Seller's Account.


5. The Seller is entitled to ask for payment of the price in full before sending the Goods to the Buyer.


6. Price discounts granted to the Buyer by the Seller, if applicable, may be combined with each other.


7. The Seller is VAT registered and will issue to the Buyer an invoice (tax document) for payments made under the Contract. The Seller will issue the invoice after the Buyer has paid the price of the Order and then the Seller will send the invoice in electronic form to the Buyer´s Email Address or enclose it with the ordered Goods delivered to the Buyer.

 

V. Withdrawal from Contract

1. Until the Goods are received by the Buyer, the Seller is entitled to withdraw from the Contract at any time. In such a case, the Seller will return the paid price to the Buyer without undue delay by a non-cash transfer to the account specified by the Buyer.


2. The Seller is also entitled to withdraw from the Contract if the Buyer is in arrears with the payment of the price of the Goods for more than 2 (in words: two) weeks.


3. The Buyer is entitled to withdraw from the Contract if the Seller is in delay with the delivery of the Goods for more than 2 (in words: two) weeks from the agreed delivery date.


4. The Buyer is not entitled to withdraw from the Contract for Goods that were delivered to the Buyer properly, on time and without defects. The only exception is a repurchase by mutual agreement in the maximum amount of 50% (in words: fifty percent) of the sale price.


5. Withdrawal from the Contract must be made in writing and, in the case of Contracts negotiated electronically, also electronically. Withdrawal from the Contract is effective by delivery of the notice of withdrawal to the other contracting party.


6. If a gift is provided to the Buyer together with the Goods, the donation Agreement between the Seller and the Buyer is concluded with a condition subsequent that should the Buyer withdraw from the Purchase Contract, the donation Agreement will expire and the Buyer will be obligated to return the received gift together with the Goods to the Seller. In such a case, the Seller reserves the right to return the price of the Goods or part thereof only after the Buyer has returned the received gift.

 

VI. Carriage and Delivery of Goods

1. The method of delivery of Goods is determined by the Seller, unless otherwise agreed in the Contract. If the method of carriage is arranged upon the Buyer's request, the Buyer will bear the risk and any additional costs associated with the method of carriage chosen.


2. If the Seller, in accordance with the Contract,  is obliged to deliver the Goods to a place specified by the Buyer in the order, the Buyer will be obliged to accept the Goods when they are delivered to such a place. Should the Buyer not accept delivery of the Goods, the Seller will be entitled to demand from the Buyer a storage fee of CZK 100 (in words: one hundred Czech crowns) or to withdraw from the Purchase Contract.


3. If the Seller, for reasons on the part of the Buyer, has to make another delivery attempt or make delivery in a way other than as specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the Goods and, if applicable, costs associated with the alternative method of delivery.


4. When accepting the Goods from the carrier, the Buyer is obliged to examine integrity of the packaging of the Goods and in case of any defects inform the carrier immediately. If the packaging is damaged in a way indicating unauthorized opening of the consignment, the Buyer is not obliged to accept the consignment from the carrier. By signing the delivery note, the Buyer confirms that the packaging of the consignment containing the goods is intact.


5. Other rights and obligations of the contracting parties in respect of the carriage and delivery of the Goods may be regulated by the Seller's special delivery terms, if issued by the Seller.

 

VII. Liability for Defects, Warranty

1. The rights and obligations of the contracting parties regarding the Seller's liability for defects, including the Seller's warranty liability, are governed by applicable generally binding legislation, in particular by the relevant provisions of the Civil Code.


2. The Seller is liable to the Buyer for conformity of the purchased product with the Contract, in particular for the product being free from defects. Conformity with the Contract means that the purchased product has the quality and properties agreed in the Contract or, in the absence of such provisions, that it is fit for purpose, complies with the description given by the Seller, manufacturer or their representative, meets requirements of the legislation and is supplied in appropriate quantity, size or weight.


3. If, upon receipt by the Buyer, the Goods do not conform to the Purchase Contract (hereinafter referred to as “Non-Conformity with the Contract”), the Buyer will be entitled to rectification of defective performance by means of replacement of faulty Goods with new Goods or delivery of missing Goods or repair of faulty Goods or a reasonable discount from the price or a withdrawal from the Contract in accordance with the conditions specified in the Complaints Procedure of the Seller (hereinafter the “Complaints Procedure”), which can be viewed here. It is the Seller's right to choose the type of the defective performance remedy.


4. The fact that the Goods do not have any properties or do not achieve standards or level of quality beyond the scope explicitly stated is not considered a defect causing Non-Conformity with the Contract.


5. Therefore, the Seller shall not be liable, among other things, for the interoperability of the Seller's data with any hardware or software of the Buyer or third parties that is not expressly stated for a specific service. If the Buyer's or third party's records or data are lost or damaged due to the Buyer's wrong, unauthorised or unsuitable procedure or use of data provided by the Seller, including reverse engineering, the Seller shall not be liable for any such damage or any consequential loss.


6. All rights of the Buyer arising from the Seller's liability for defective performance are exercised by the Buyer at the Seller's address Pražská 145, Příbram II, 261 01. A claim is considered filed at the moment when the Seller received the claimed Goods from the Buyer.


7.Other rights and obligations of the parties related to the Seller's liability for defects are specified in detail in the Complaints Procedure rules, available here.

 

VIII. Other Rights and Obligations of Contracting Parties

1. The Buyer acquires ownership of the Goods by paying the full price of the Goods.


2. The Buyer notes that the software and other components forming the Web Interface of the Store (including photographs of the Goods offered) are protected by copyright. The Buyer undertakes not to perform any activity that could allow the Buyer or third parties to interfere with the software or other components of the Web Interface of the Store without authorisation or to make unauthorised use of the software or other components forming the Web Interface of the Store.


3. When using the Web Interface of the Store, Buyers are not allowed to use mechanisms, software or other processes that may have a negative impact on the operation of the Web Interface of the Store. The Web Interface of the Store may only be used to the extent that will not limit rights of other customers of the Seller and that complies with its purpose.


4. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1) (e) of the Civil Code. The Seller does not provide other services after the sale of the Goods, except for the services explicitly stated by the Seller for individual Goods items on the Seller's Website.


5. The Buyer acknowledges that the Seller is not liable for errors caused by third-party unauthorised activity on the Website or resulting from the use of the Website contrary to its purpose.

 

IX. Personal Data Protection

1. The Seller duly fulfils all applicable obligations in relation to the protection of personal data. For the sake of clarity, the Seller has issued a special Personal Data Protection Guideline, which summarizes the data protection rules.

 

X. Delivery

1. Unless otherwise agreed, all correspondence relating to the Contract shall be delivered to the other party in writing, by e-mail, personally or by registered mail by means of a postal services operator (of the sender’s own choosing). Correspondence to the Buyer will be delivered to the e-mail address specified in the Buyer's User Account.

 

XI. Final Provisions

1. If a relationship arising in connection with the use of the Website or if the legal relationship established by the Contract contain an international (foreign) element, then the parties agree that the relationship is governed by Czech law.


2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, it will be replaced by a provision the purpose of which is as close to the invalid or ineffective provision as possible. Invalidity or ineffectiveness of one provision shall not affect validity of the other provisions. Changes and amendments to the Contract or the Terms and Conditions require written form.


3. The Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible, except for the fulfilment of the Seller's obligations laid down by applicable legislation. The Seller shall allow the Buyer access to its wording upon request.


4. The contractual relation between the Buyer and the Seller is concluded for the period determined by due performance of the contracting parties under the respective Contract. Unless the concluded Contracts or Terms and Conditions stipulate otherwise in particular cases, the contracting parties are not entitled to cancel the Contract before it has been duly fulfilled.


5. Supplier’s contact details:

delivery address: Canatura Wholesale, Pražská 145, Příbram II, 261 01

e-mail address: contact@canaturawholesale.com

phone number: +420 774 426 915

 

These General Terms and Conditions come into force and effect on May 21, 2020.