Terms of service

Table of Contents

Scope
General conditions
Personal information
Conclusion of contract
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Redeeming Promotional Vouchers
Redeeming Gift Vouchers
Accuracy, completeness, timeliness of information, errors, and omissions
Customer comments, feedback, and other submissions
Prohibited usage of the products, site, and service
Indemnification
Applicable Law
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Plant Coma s.r.o, Olomouc, Slavonín, Kyselovská, 783 01, Czech Republic, e-mail: hello@plantscraper.com, (hereinafter "Seller", "we"), apply to all contracts for the supply of goods that a customer or entrepreneur (hereinafter "Customer", "you") concludes with the Seller with regard to the goods presented by the Seller in this online shop (hereinafter “site” or “website” or “shop”, referring to all the pages included under the domain plantscrapers.com). The inclusion of the customer's own conditions is hereby contradicted unless something else has been agreed.

1.2 By visiting the Seller’s site and/or purchasing something from the Seller, the Customer engages in the service of the Seller (hereinafter “Service”) and agrees to be bound by the following GTC, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These GTC apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

1.3 A Customer within the meaning of these GTC is any natural person who enters a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the course of their commercial or independent professional activity.

1.5 The original GTC of this site are redacted in the English language. Language mutations can be found on the website with the purpose to facilitate consultation and understanding in other languages. In case of any dispute, the English language version shall prevail.

1.6 By accessing or using any part of the site, the Customer agrees to be bound by GTC. If the Customer does not agree to all the terms and conditions of this agreement, then the Customer may not access the website or use any services.

2) General conditions

2.1 The Seller reserves the right to refuse service to anyone for any reason at any time.

2.2 The Customer understands that the information provided when purchasing products or services (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.3 The Customer agrees not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service or access to the Service or any contact on the website through which the service is provided, without express wrote permission by the Seller.

2.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these GTC.

2.5 The Seller reserves the right to update, change or replace any part of these GTC by posting updates and changes to this site and without due notice to the Seller. It is the responsibility of the Customer to check the website periodically for changes.

2.6 The continued use of or access to the website by the Customer constitutes acceptance of those changes.

2.7 The Customer reserves the right to review the most current version of the GTC at any time on this page.

3) Personal information

3.1 The submission of personal information by the Customer through the site is governed by the Seller’s Privacy Policy.

4) Conclusion of contract

4.1 The product descriptions contained in the Seller's online shop do not represent binding offers on the part of the Seller but serve to enable the Customer to submit a binding order.

4.2 The Customer can submit the order via the online order form integrated in the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract demand with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

4.3 The Seller can accept the customer's order within five days (a) by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or (b) by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or (c) by asking the customer to pay after placing his order. If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the order begins on the day after the customer has sent the order and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the customer's order within the above-mentioned period, this is deemed to be a rejection of the order with the result that the customer is no longer bound by his declaration of intent.

4.4 If the Customer selects a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of PayPal - Terms of use, available at www.paypal.com/cz/webapps/mpp/ua/legalhub-full?locale.x=en_CZ. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller already declares the acceptance of the customer's order at the time the customer clicks on the button that completes the ordering process.

4.5 When submitting an order via the Seller's online order form, the text of the contract is saved by the Seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller does not make the contract text accessible beyond this. If the customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.

4.6 Before the binding submission of the order via the Seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

4.7 Only the English language is available for the conclusion of the contract.

4.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for the order processing is correct so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the Seller or by third parties commissioned to process the order can be delivered.

5) Prices and terms of payment

5.1 Prices for the products are subject to change without notice.

5.2 The Seller reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

5.3 The Seller shall not be liable to the Customer or any third party for any modification, price change, suspension, or discontinuance of the Service.

5.4 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

5.5 The payment option(s) will be communicated to the Customer in the Seller's online store.

5.6 If a payment method offered via the payment service "Stripe" is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the Customer in the Seller's online store. For the processing of payments, Stripe may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Stripe is available on the Internet at https://stripe.com.

5.7 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon the conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to perform a credit check and to reject this payment.

6) Terms of delivery and shipment

6.1 If the Seller offers to ship the goods, the delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.

6.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of an effective exercise of the right of revocation by the Customer, the provision made in the Seller's revocation instructions shall apply to the return costs.

6.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a Customer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass to the customer only upon delivery of the goods to the customer or a person authorized to receive the goods.

6.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately, and the consideration will be refunded without delay.

6.5 Self-collection is not possible for logistical reasons.

7) Retention of title

7.1 If the Seller makes advance performance, it shall retain title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

8.1 Unless otherwise provided for in the following provisions, the provisions of the statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods.

8.2 If the customer acts as an entrepreneur the Seller shall have the choice of the type of subsequent performance (a) in the case of new goods, the limitation period for defects shall be one year from delivery of the goods (b) in the case of used goods, the rights and claims for defects are excluded (c) the limitation period shall not start again if a replacement delivery is made within the scope of liability for defects.

8.3 The above-mentioned limitations of liability and shortening of the period shall not apply to (a) to claims for damages and reimbursement of expenses of the customer (b) in the event that the Seller has fraudulently concealed the defect (c) for goods which have been used for a building in accordance with their customary use and have caused its defectiveness (d) for any existing obligation of Seller to provide updates for digital products, in case of contracts for the delivery of goods with digital elements.

8.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory recourse claim, if any, shall remain unaffected.

8.5 If the Customer is acting as a customer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.

9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period.

9.2 Promotion Vouchers can only be redeemed by Customers.

9.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotion voucher.

9.4 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9.10 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective Voucher Holder.

10) Redemption of Gift Vouchers

10.1 Gift vouchers that can be purchased through the Seller's online store can only be redeemed in the Seller's online store, unless otherwise stated in the Gift Certificate.

10.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the date specified in the Gift Voucher or in the confirmation of acceptance of the purchase order by the Seller.

10.3 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

10.4 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

10.5 The balance of a gift voucher is neither paid out in cash nor does it earn interest.

10.6 The Gift Voucher is intended only for use by the person named on it. Transfer of the Gift Certificate to third parties is excluded. The Seller is entitled, but not obliged, to verify the material eligibility of the respective Gift Voucher Holder.

11) Accuracy, completeness, timeliness of information, errors, and omissions

11.1 The Seller has made every possible effort to display as accurately as possible the colours and images of the products that appear at the store, as well as the descriptions of those. The Seller is not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at the Customer’s risk.

11.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for reference only. The Seller reserves the right to modify the contents of this site at any time but has no obligation to update any information on the site. The Customer agrees that it on their own responsibility to monitor changes to this site.

11.3 Occasionally, there may be information on the site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Seller reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after the Customer has submitted the order).

11.4 The seller undertakes no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.

12) Customer comments, feedback, and other submissions

12.1 If, at Seller’s request, Customer sends certain specific submissions (for example contest entries) or without a request from the Seller the Customer sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), the Customer agrees that the Seller may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that have been forwarded. The Seller is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

12.2 The Customer agrees that its comments will not violate any right of any third party, including copyright, trademark, privacy, personality or another personal or proprietary right. The Customer further agrees that its comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. The Customer may not use a false e‑mail address, pretend to be someone other than its legal identity, or otherwise mislead the Seller or third parties as to the origin of any comments. The Customer is solely responsible for any comments made and their accuracy. The Seller takes no responsibility and assumes no liability for any comments posted by you or any third party.

13) Prohibited usages of the products, site and service

13.1 The products sold by the Seller on this website or through other channels are sold for ornamental gardening purposes only. The usage of the products is intended exclusively for growing ornamental plants and the Seller holds no responsibility for any misusage of the products. Any other usage is forbidden unless the products are acquired by an entrepreneur to resell the products.

13.2 The Customer or the Entrepreneur has strictly forbidden to use the products to grow any plant that may be used for human or animal consumption.

13.3 The Customer or the Entrepreneur has strictly forbidden to give, borrow, share, or provide the products to any individual, group of people, institution or any kind of entity who may use the products to grow any plant or similar that may be used for human or animal consumption.

13.4 The Entrepreneur must ensure that none of its customers will use the products to grow any plant that may be used for human or animal consumption.

13.5 In addition to other prohibitions as set forth in the GTC, the Customer is prohibited from using the site, its content or the products acquired from the Seller: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

14) Indemnification

14.1 The Customer agrees to indemnify, defend and hold harmless the Seller and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees and owners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Customer's breach of these General Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third party.

15) Applicable law

15.1 All legal relations between the parties shall be governed by the laws of the Czech Republic to the exclusion of the laws on the international sale of movable goods. In the case of Customers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the Customer has his habitual residence.

16) Alternative Dispute Resolution

16.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/Customers/odr.

16.2 This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a customer.

16.3 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a customer arbitration board.