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Terms and conditions

These terms and conditions apply to purchases in the online store www.houseoftrichomes.cz ,

operated by HOUSE OF TRICHOMES s.r.o. , with registered office at Plzenecká 222/22, Plzeň 2, ID: 19324774. The company is registered in the commercial register maintained by the Regional Court in Pilsen, section C, insert 43772

  1. INTRODUCTORY PROVISIONS
    1. These terms and conditions (hereinafter referred to as "terms and conditions" ) of the company HOUSE OF TRICHOMES s.r.o., with registered office at Plzenecká 222/22, Plzeň 2, identification number: 19324774, registered in the commercial register maintained by the Regional Court in Pilsen, section C, insert 43772 (hereinafter referred to as " HOT " ) govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "purchase agreement" ) concluded between HOT or a third party using the services of the electronic marketplace operated by HOT at the internet address www.houseoftrichomes.cz (hereinafter only "website" ) as the seller party (hereinafter referred to as the " seller ") and another natural or legal person as the buyer party (hereinafter referred to as the "buyer" or "customer" ).
    2. The terms and conditions further regulate the rights and obligations of the contracting parties when using the website through the web interface (hereinafter referred to as the "web interface of the store" ) and other related legal relationships. The terms and conditions do not apply to cases where a person who intends to purchase goods from the seller, acts when ordering goods as part of its business activity.
    3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
    4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
    5. The wording of the terms and conditions can be changed or supplemented by HOT, with the fact that the wording effective at the time of the conclusion of the purchase agreement is always effective between the contracting parties
    6. Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account" ). The buyer can also order goods without registration directly from the store's web interface.
      1. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the HOT company as well as other sellers for the purposes of concluding a purchase contract and invoicing.
    7. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that neither HOT nor the seller is responsible for the buyer's breach of this obligation.
    8. The buyer is not authorized to allow the use of the user account by third parties.
    9. HOT can cancel the user account, especially if the buyer does not use his user account for more than 2 years, or if the buyer violates his obligations under the purchase contract (including terms and conditions).
    10. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of HOT hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
    11. CONCLUSION OF THE PURCHASE AGREEMENT
    1. The web interface of the shop contains a list of goods offered for sale by sellers, including the prices of the goods offered by them. The prices of the offered goods are listed including value added tax and all related fees. The price for shipping and cash on delivery is listed separately. The offer for the sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to enter into a purchase contract under individually agreed conditions with the buyer. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to conclude a purchase contract regarding these goods.
    2. HOT is not responsible for the correctness and up-to-dateness of the information provided for products sold through the website by third parties who entered the information on the website themselves.
    3. The store's web interface also contains information on costs associated with packaging, cash on delivery and delivery of goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
    4. Within the web interface of the store, for individual products, data about the seller and his special conditions relating to the sale of the offered goods are also provided, if they differ from these terms and conditions. Special conditions of sale specified for individual goods and differing from these terms and conditions take precedence over these terms and conditions.
    5. HOT makes it possible to search for individual offers of goods within the store's web interface and to conclude a purchase contract between the customer and the seller, who placed the offer on the basis of the contract with HOT. HOT publishes only offers of its own products or products of third parties registered for sale on the website. Individual offers are sorted according to the relevant criteria chosen by the customer, such as the name, type and content of the searched goods, automatically based on the search terms entered by the customer. The website does not provide a comprehensive price comparison of the given product or type of goods on the market or an offer other than HOT's contractual partners (or HOT as a seller).
    6. To order goods, the buyer fills out the order form in the web interface of the store. The order form contains, in particular, information about:
      - the ordered goods (the ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface), - the method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods
      - information about the costs associated with the delivery of the goods (further together only as "order" ).
    7. Before sending the order, the buyer is allowed to check and change the data entered by the buyer in the order, also taking into account the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order by clicking on the "Order with payment obligation" button. The seller considers the data in the order to be correct. Immediately after receiving the order, the seller will 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 "buyer's electronic address").
    8. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
    9. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
    10. The buyer acknowledges that the seller is not obliged to enter into a purchase contract or to withdraw from the purchase contract, especially with persons who have previously materially violated the purchase contract (including the terms and conditions of the houseoftrichomes.cz online store or special conditions relating to products).
    11. By concluding the purchase contract, the buyer declares that he is over 18 years old! The seller reserves the right to cancel the order in case of doubts about the fulfillment of the condition of majority of the buyer, mainly when purchasing goods containing alcohol and tobacco products.
    12. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are paid by the buyer himself, while these costs do not exceed the normal rate of internet connection agreed with the buyer's provider.

III. PRICE OF GOODS AND TERMS OF PAYMENT

  1. Product prices are valid at the time the order is placed. This price will be stated in the order and in the email confirming receipt of the order. The price always includes the applicable VAT rate.
  2. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:

- in cash upon receipt;

- through a payment gateway

- cash on delivery upon receipt of the goods from the carrier
- cashless transfer to the account of the relevant seller specified in the order confirmation.

  1. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods, or cash on delivery. The method of delivery and payment of goods and associated fees are defined in the How to buy section. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery and payment of the goods.
  2. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days from the conclusion of the purchase contract.
  3. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
  4. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
  5. The seller will issue a tax document - an invoice - to the buyer regarding the payments made on the basis of the purchase contract.
  6. Consumer reviews of goods published after the effective date of these terms and conditions (from 24.10.2023) come from customers who were verified before publication as having actually purchased the goods.
  7. DELIVERY OF GOODS AND TERMS OF DELIVERY
  8. The seller will confirm receipt of the order to the customer by e-mail. The goods are usually dispatched within five working days from the receipt of the order (or in the case of advance payment from the crediting of the amount to the seller's account). If the goods are sold out, the seller will notify the buyer and agree on the next procedure.
  9. The method of delivery of goods and associated fees are defined in the section how to buy, which are an integral part of these terms and conditions.
  10. In the case of sending ordered goods via Czech Post, the maximum weight of one shipment is 30 kg. In the case of personal collection, the weight of the ordered goods is not limited.
  11. When accepting your order, you may be required to provide proof of legal age if you have purchased goods containing alcohol or tobacco products!
  12. The buyer is obliged to properly take over the goods from the carrier, check that the packaging is intact and notify the carrier immediately of any defects. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment or its obvious damage due to careless handling, the buyer is advised not to accept the shipment.
  13. If payment on delivery was not selected, the seller sends the goods to the address provided by the buyer for delivery purposes only after payment has been made.
  14. FAILURE TO RECEIVE ORDERED GOODS

By concluding the purchase contract, the buyer is obliged to take over the ordered goods. If the buyer violates this obligation, he is responsible for the damage caused to the seller, including the payment of additional costs for delivering the goods back to the seller.

  1. WITHDRAWAL FROM THE AGREEMENT AND CONFLICT WITH THE PURCHASE AGREEMENT
    1. The consumer is entitled to withdraw from the contract within 14 days of receiving the goods, for any reason or even without giving such a reason. Opting out can be done by completing THIS FORMS , which the customer attaches to the returned goods. In order to increase the comfort of customers, HOT, on the basis of a contractual relationship, handles all withdrawals related to goods sold by sellers on the website; this does not affect the customer's right to contact the relevant seller directly within the framework of legal rules.
    2. It is not possible to withdraw from the contract regarding perishable goods or goods that have been irretrievably mixed with other goods after delivery. Furthermore, the buyer cannot withdraw from the contract if it concerns goods that were delivered in closed packaging, which the buyer has removed from the packaging and cannot be returned for hygienic reasons.
    3. The buyer returns the goods complete and in undamaged condition. In the case of withdrawal from the contract and subsequent return of the goods by the buyer to the seller for a reduction in the value of the goods, which arose as a result of handling the goods differently than it is necessary to handle them with regard to their nature and characteristics.
    4. The buyer undertakes that if he exercises his right to withdraw from the contract, he will send the undamaged goods to the seller's address, secured so that they cannot be damaged during transport. Sellers recommend insuring the shipment. It also explicitly states that parcels sent cash on delivery cannot be accepted. In this case, the shipping costs are borne by the customer.
    5. When withdrawing from the contract, it is necessary to state your name and surname, order number and contact (e-mail or telephone) and present the original or a copy of the proof of purchase of the goods. Shipments that do not show why they were sent will be returned to the sender.
    6. After receiving the returned goods, the seller undertakes to send the purchase price back to the customer's bank account or billing address, within 14 days at the latest.
    7. The seller is entitled to withdraw from the contract before the goods are dispatched, in the event of unavailability of the goods, a significant change in the price of the goods or doubts about the buyer's legal age in the case of ordering goods containing alcohol or ordering tobacco products.
    8. In the event that the goods upon receipt show defects, i.e. do not have the properties declared by the seller when concluding the purchase contract, are damaged or were not delivered in the ordered quantity or quality, the buyer has the right to claim such goods in accordance with the procedure set out in Article VII. below.

VII. WARRANTY AND COMPLAINTS

  1. If the purchased goods have a defect, the buyer can request its removal, no later than within two years of taking over, unless otherwise stated. At its option, it may demand the delivery of new goods without defects or the repair of goods, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this is assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed in a second way without significant difficulties for the buyer. If, in accordance with special legal regulations, the minimum durability period, use-by date, or other form of information of a similar meaning is marked on the sold item, its packaging or the instructions attached to it, a complaint can be made in the event that it is a hidden defect, no later than this deadline. Complaints can be made by filling out the form THIS FORMSof this form and sending this form together with the claimed goods to the HOT address specified in the form. In order to increase the comfort of customers, based on a contractual relationship, HOT handles all complaints about goods sold by sellers on the website, including repairs (such as warranty service); this does not affect the customer's right to contact the relevant seller directly within the scope of the law.
  2. The warranty does not cover wear and tear caused by normal use. For items sold at a lower price, the warranty does not apply to defects for which a lower price was negotiated. If a defect becomes apparent within twelve months of receipt, it is considered that the goods were already defective upon receipt. This does not apply to goods marked with a minimum shelf life, expiration date, or other form of information of similar significance.
  3. The seller will remove the defect within a reasonable time after it is pointed out so that it does not cause significant difficulties for the buyer, taking into account the nature of the item and the purpose for which the buyer purchased the item. The seller can refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the importance of the defect and the value that the item would have without the defect:
  4. The buyer may request a reasonable discount or withdraw from the contract if the seller refused to remove the defect or did not remove it in accordance with the above, the defect appears repeatedly, the defect is a material breach of the contract, or it is obvious from the seller's statement or from the circumstances that the defect will not be removed in within a reasonable time or without significant inconvenience to the buyer.
  5. If it is an irreparable defect preventing the proper use of the goods, the buyer has the right to exchange the defective goods or withdraw from the purchase contract, the same rights belong to the buyer if the defects are removable, but if the buyer cannot, due to the reappearance of the defect after repair or for a larger the number of defects to properly use the item. Reoccurrence of a defect is considered if the same defect preventing proper use, which has already been removed at least twice during the warranty period, occurs again. A greater number of defects is understood if the item simultaneously has at least three defects preventing its proper use.
  6. If there are other defects that cannot be removed and if the consumer does not demand the replacement of the item, he has the right to a reasonable discount from the purchase price or withdrawal from the purchase contract.
  7. The buyer will inform the seller which right he has chosen, when making a claim, or without undue delay after making it. The choice made cannot be changed by the buyer without the consent of the seller; this does not apply if the buyer requested the repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time, or if he informs the buyer that he will not remove the defects, the buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract.
  8. The seller informs about the status of the buyer's claim.
  9. The seller will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The seller will deal with the complaint, including the removal of the defect, without undue delay, no later than 30 days from the date of application of the complaint. After the expiration of this period, the consumer has the same rights as if it were a defect that cannot be removed.
  10. In the case of a justified complaint, the buyer has the right to compensation for the costs associated with the complaint (especially the postage paid when sending the claimed goods). In the event of withdrawal from the contract due to a defect in the item, the consumer also has the right to reimbursement of the costs of this withdrawal. In the event of an unauthorized complaint, the goods will be sent back to the customer at his expense. The costs associated with transporting the goods to the customer after processing a valid complaint are covered by the seller.
  11. After processing a valid complaint, the warranty period is extended by the duration of the complaint procedure (this period begins on the day following receipt of the goods and ends on the day the complaint is processed - not the date of collection of the goods by the customer).
  12. In the event of a justified complaint, the buyer is entitled to compensation for costs purposefully incurred in exercising this right; the buyer is obliged to claim these costs no later than one month after the expiry of the deadline for making a claim. If the buyer does not take over the repaired item within 14 days of the seller's request to take over, the seller is responsible for payment for storage.
  13. The out-of-court settlement of consumer disputes arising from the purchase contract concluded between the seller and the customer is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: http://www.coi . Czech whether it is possible to resolve the dispute online via the dedicated platform available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=CS . Buyers can also file a complaint with the Czech Trade Inspection, the state supervisory body for consumer protection. The address for delivery by email is: info@houseoftrichomes.com Any questions, suggestions, comments or complaints can be addressed at info@houseoftrichomes.com or by phone: + 420

The address for written communication, sending withdrawal from the contract, returning goods and complaints is HOUSE OF TRICHOMES s.r.o., Šmeralova 346 Klatovy IV, 33901 Czech Republic.

VIII. PROTECTION OF PERSONAL DATA

  1. HOT and the seller collect personal data of buyers, namely first name, last name, residential address, or delivery address, contact information (telephone, e-mail). Data is processed and collected automatically through a form filled in by the buyer. The buyer undertakes to notify the seller of any changes to this data so that the seller fulfills its obligations to process only valid and up-to-date data.
  2. All personal data are stored in accordance with the legal system of the Czech Republic. The operator is entitled to process personal data voluntarily provided by the buyer for the purpose of fulfilling the purchase contract and for the purpose of fulfilling obligations arising from other legal regulations (especially accounting and tax regulations) even without the buyer's consent.
  3. The seller undertakes that commercial messages and information will no longer be sent to buyers who unsubscribe.
  4. Your satisfaction with the purchase is ascertained by the seller through e-mail questionnaires as part of the Verified by customers program, in which HOT and the contractual seller are involved. We send them to you every time you make a purchase from us, if in the sense of § 7 paragraph 3 of Act No. 480/2004 Coll. about some services of the information society, you do not refuse their sending. We process personal data for the purpose of sending questionnaires as part of the Verified by customers program on the basis of our legitimate interest, which consists in ascertaining your satisfaction with your purchase from us. For sending questionnaires, evaluating your feedback and analyzing our market position, we use a processor that is the operator of the Heureka.cz portal; for these purposes, we may pass on information about the purchased goods and your e-mail address. When sending e-mail questionnaires, your personal data is not passed on to any third party for its own purposes. You can object to the sending of e-mail questionnaires as part of the Customer Verified program at any time by opting out of further questionnaires using the link in the e-mail with the questionnaire. In case of your objection, we will not send you the questionnaire any further.

IX FINAL PROVISIONS

  1. HOT reserves the right to change the terms and conditions. The amended conditions will be announced in an appropriate manner on the website www.houseoftrichomes.cz.
  2. These conditions come into force on 23 October 2023.