Terms and Conditions

Business company AGRO AQUA PRO s.r.o.

Politických vězňů 912/10, 110 00 Prague 1, Czech Republic

Office: Vesecká 97, 460 06 Liberec 6, Czech Republic

Tel.: +420 483 704 743
E-mail: info@agroaquapro.cz

Identification number: 05641713
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 268136

For the sale of goods through the online store located at the internet address https://aqua-shop.cz

GENERAL TERMS AND CONDITIONS

Business company AGRO AQUA PRO s.r.o.
Politických vězňů 912/10, 110 00 Prague 1, Czech Republic

Office: Vesecká 97, 460 06 Liberec 6, Czech Republic

Tel.: +420 483 704 743
E-mail: info@agroaquapro.cz

Identification number: 05641713
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 268136

For the sale of goods through the online store located at the internet address https://aqua-shop.cz

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the business company AGRO AQUA PRO s.r.o., with its registered office at Politických vězňů 912/10, 110 00 Prague 1, Czech Republic and office at Vesecká 97, 460 06 Liberec 6, Czech Republic, identification number: 05641713, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 268136 (hereinafter referred to as "the seller")

regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code and its amendments (hereinafter referred to as "the Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as "purchase contract") concluded between the seller and another natural person (hereinafter referred to as "the buyer") through the seller's online store. The online store is operated by the seller on the website located at the internet address www.aqua-shop.cz (hereinafter referred to as "the website"), and that through the website interface www.aqua-shop.cz.

1.2. The terms and conditions do not apply in cases where the person intending to purchase goods from the seller is a legal entity or a person acting in the course of their business activity or in the exercise of their independent profession.

1.3. Provisions deviating from these terms and conditions may be agreed upon in the purchase contract. Any deviations in the purchase contract take precedence over these terms and conditions.

1.4. The provisions of these terms and conditions form an integral part of the purchase contract. The purchase contract and these terms and conditions are drawn up in the Czech language. The purchase contract may be concluded in the Czech language.

1.5. The seller may change or supplement the wording of these terms and conditions. This provision does not affect the rights and obligations that arose under the previous version of the terms and conditions during its period of validity.

2. User Account

2.1. Based on the buyer's registration on the website, the buyer may access his user interface. From his user interface, the buyer may place orders for goods (hereinafter referred to as "user account"). In the event that the website interface allows it, the buyer may also place orders for goods without registration directly from the website interface.

2.2. When registering on the website and placing orders for goods, the buyer is obliged to provide all information correctly and truthfully. The information provided in the user account must be updated by the buyer in the event of any changes. The information provided by the buyer in the user account and when placing orders is considered correct by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is obliged to keep confidential the information necessary to access his user account.

2.4. The buyer is not entitled to allow third parties to use his user account.

2.5. The seller may cancel the user account, particularly if the buyer has not used his user account for an extended period or if the buyer breaches his obligations under the purchase contract (including these terms and conditions).

2.6. The buyer acknowledges that the user account may not be available continuously, especially due to the necessary maintenance of the seller's hardware and software equipment, or that of third parties.

3. Conclusion of the Purchase Contract

3.1. All presentations of goods displayed on the website interface are for informational purposes and the seller is not obliged to conclude a purchase contract for such goods. The provisions of § 1732 paragraph 2 of the Civil Code shall not apply.

3.2. The website interface contains information about the goods, including the prices of individual goods. Prices are stated inclusive of VAT and all related fees. The prices remain valid for as long as they are displayed on the website interface. This provision does not limit the seller's possibility to conclude a purchase contract under individually negotiated conditions.

3.3. The website interface also contains information about the costs associated with packaging and delivery of the goods. The information on packaging and delivery costs stated on the website interface applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer fills in the order form on the website interface. The order form includes, in particular, information about:

• 3.4.1. the goods being ordered (the buyer "places" the ordered goods in the electronic shopping cart of the website interface),
• 3.4.2. the method of payment for the purchase price of the goods, information about the desired method of delivery of the ordered goods, and
• 3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as "order").

3.5. Before sending the order to the seller, the buyer is given the opportunity to check and modify the information entered into the order, including the possibility to identify and correct errors made during data entry. The buyer sends the order to the seller by clicking the "Order with Payment Obligation" button. The information provided in the order is considered correct by the seller.

3.6. The sending of the order is considered an act by the buyer that unambiguously identifies the ordered goods, the purchase price, the buyer’s identity, the method of payment, and constitutes a binding offer for a purchase contract by the contracting parties. The validity of the order is conditioned upon the completion of all mandatory fields in the order form, the buyer's acknowledgment of these terms and conditions on the website, and the buyer's confirmation that he has read these terms and conditions.

3.7. Immediately after receiving the order, the seller shall confirm its receipt to the buyer by electronic mail, sent to the buyer's electronic mail address provided in the user interface or in the order (hereinafter "the buyer's email address").

3.8. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, anticipated delivery costs), to request additional confirmation of the order from the buyer (for example, in writing or by telephone).

3.9. The offer for a purchase contract in the form of an order is valid for fifteen days.

3.10. The contractual relationship between the seller and the buyer is established by the delivery of the order acceptance (acceptance), which is sent by the seller to the buyer by electronic mail, to the buyer’s email address.

3.11. In the event that one of the requirements stated in the order cannot be met by the seller, the seller shall send the buyer a modified offer to the buyer's email address, indicating the possible variants of the order, and shall request the buyer's position.

3.12. The modified offer is considered a new offer for a purchase contract, and the purchase contract is concluded only upon the buyer's acceptance via electronic mail.

3.13. The buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the buyer for using distance communication means in connection with the conclusion of the purchase contract (costs for internet connection, telephone calls) shall be borne by the buyer, and these costs shall not exceed the basic rate.

4. Price of Goods and Payment Terms

4.1. The purchase price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller in the following ways:

• 4.1.1. in cash at the seller's premises at the address;
• 4.1.2. in cash cash on delivery at a location specified by the buyer in the order;
• 4.1.3. non-cash by bank transfer to the seller's account no. 1076856002/5500, held at Raiffeisenbank (hereinafter referred to as "the seller's account");
• 4.1.4. non-cash by payment card
• 4.1.5. non-cash through a payment system;
• 4.1.6. through a loan provided by a third party, company ESSOX s.r.o. The terms and further information about installment payments can be found at the following link "Loan Conditions from ESSOX for Online Installment Purchases".
• 4.1.7. Skip Pay – By using this method you agree with the Skip Pay terms and conditions. More on the processing of personal data can be found here.
• 4.1.8 Payment via "Twisto Pay" is provided by Twisto payments a.s., ID: 01615165, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 19085, with its registered office at Újezd 450/40, Malá Strana, 118 00 Prague 1, based on a Twisto Pay invoice by assignment of the claim for payment with extended due date to Twisto payments a.s., under the conditions stated in the “General Terms and Conditions for Customers of the "Twisto Pay" Service”

By choosing the Twisto service, the buyer declares that he is of legal age and over 18 years old and is aware that the "Twisto" payment service is intended only for persons meeting these requirements.

In the event that the buyer uses the "Twisto pay" service arranged by the seller and provided by Twisto payments a.s., the buyer is obliged to pay the payment (i.e. the total purchase price and delivery costs) within 14 days from the date of delivery of the goods.

The purchase contract is concluded by the buyer filling in the order, the seller's acceptance of the order (confirmation in writing by e-mail), and the buyer's payment for the ordered goods or by using the "Twisto pay" service. The buyer acknowledges that if the "Twisto" service is used, this order is binding and does not serve as a reservation of goods or services.

The buyer agrees that by selecting the Twisto Pay service in the seller's shopping cart and after subsequent approval of the payment by Twisto, he accepts the “General Terms and Conditions for Customers of the "Twisto Pay" Service”

4.2. Together with the purchase price, the buyer is obliged to also pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.3. In the case of a higher purchase price above 10,000 CZK, the seller may require the buyer to pay a deposit or another similar payment. This does not affect the provision of Article 4.6 of these terms and conditions regarding the obligation to pay the full purchase price in advance.

4.4. In the case of cash payment or cash on delivery, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days from the conclusion of the purchase contract or the issuance of a proforma invoice with the specified due date.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the payment reference number. The buyer's obligation to pay the purchase price is fulfilled upon the corresponding amount being credited to the seller's account.

4.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to require the full purchase price to be paid before the goods are dispatched to the buyer. The provisions of § 2119 paragraph 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of the goods provided by the seller to the buyer cannot be combined with each other.

4.8. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – invoice to the buyer for payments made under the purchase contract. The seller is a VAT payer. The tax document – invoice will be issued by the seller to the buyer after the purchase price has been paid and will be sent in electronic form to the buyer's email address.

5. Cancellation of the Purchase Contract

5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, one cannot, among other things, cancel a purchase contract:

• 5.1.1. for the delivery of goods whose price depends on fluctuations in the financial market independently of the seller’s will and which may occur during the cancellation period,
• 5.1.2. for the delivery of alcoholic beverages, which may be delivered only after thirty days and whose price depends on fluctuations in the financial market independently of the seller’s will,
• 5.1.3. for the delivery of goods that have been customized according to the buyer’s wishes or for his personal use,
• 5.1.4. for the delivery of goods that are perishable, as well as goods that have been irreversibly mixed with other goods after delivery,
• 5.1.5. for the delivery of goods in a sealed package, which the buyer has removed from the package and which cannot be returned for hygiene reasons,
• 5.1.6. for the delivery of an audio or video recording or computer program if its original packaging has been broken,
• 5.1.7. for the delivery of newspapers, periodicals or magazines,
• 5.1.8. for the delivery of digital content, if it was not supplied on a tangible medium and was provided with the buyer's prior explicit consent before the expiry of the cancellation period, and the seller informed the buyer before the conclusion of the contract that in such a case the buyer shall not have the right to cancel the contract.

5.2. Unless it is a case mentioned in Article 5.1 or another case where cancellation of the purchase contract is not possible, the buyer has the right to cancel the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, whereby if the subject of the purchase contract comprises several types of goods or delivery of several parts, this period runs from the day of receipt of the last delivery of goods. Cancellation of the purchase contract must be sent to the seller within the period specified in the previous sentence.

5.3. For the cancellation of the purchase contract, the buyer may use the cancellation form provided by the seller, which constitutes an annex to these terms and conditions. The cancellation form may be sent by the buyer, among other means, to the address of the seller's premises or registered office. The provisions regarding the delivery of cancellations are set out in Article 11 of these terms and conditions.

5.4. In the event of cancellation of the purchase contract pursuant to Article 5.2 of these terms and conditions, the purchase contract is canceled from the outset. The goods must be returned to the seller within fourteen (14) days from the cancellation by the buyer. If the buyer cancels the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal method due to their nature. The buyer is obliged to return the goods to the seller in an undamaged, unused condition, in the exact pristine state as they were when handed over to the customer. In the event that the goods purchased by the buyer have already been used, the seller is entitled to claim compensation for the damage incurred (all costs associated, in particular, with assembly and disassembly, cleaning, and restoration to the original, hygienically acceptable, and thus perfect condition, as they were at the time of delivery to the customer). The buyer is obliged to pay the claim for damages within 14 days from receiving the seller's request for payment.

5.5. In the event of cancellation of the purchase contract pursuant to Article 5.2 of these terms and conditions, the seller will refund the monetary funds received from the buyer within fourteen (14) days from the cancellation of the purchase contract by the buyer, using the same method by which the seller received them. The seller is also entitled to refund any performance provided by the buyer upon the return of the goods by the buyer or by another method, provided that the buyer agrees and no additional costs are incurred by the buyer. If the buyer cancels the purchase contract, the seller is not obliged to refund the monetary funds to the buyer until the buyer returns the goods to the seller or proves that the goods have been sent back to the seller. However, the conditions of Article 5.4 must be met.

5.6. The seller is entitled to unilaterally set off any claim for damages incurred on the goods against the buyer's claim for a refund of the purchase price.

5.7. Until the goods are received by the buyer, the seller is entitled to cancel the purchase contract at any time. In such a case, the seller will refund the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.

5.8. If a gift is provided to the buyer together with the goods, the donation contract between the seller and the buyer is concluded subject to the condition that if the buyer cancels the purchase contract, the donation contract regarding such a gift loses its effectiveness, and the buyer is obliged to return the provided gift to the seller along with the goods.

6. Transportation and Delivery of Goods

6.1. In the event that the mode of transportation is agreed upon based on a specific request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transportation.

6.2. If the seller is obliged under the purchase contract to deliver the goods to a location specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.

6.3. In the event that, due to reasons on the part of the buyer, it becomes necessary to deliver the goods repeatedly or by a method other than that stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with the alternative delivery method.

6.4. Upon receipt of the goods from the carrier, the buyer is obliged to inspect the integrity of the packaging and immediately notify the carrier of any defects. In the event that damage to the packaging is found indicating unauthorized interference with the shipment, the buyer may refuse to accept the shipment from the carrier.

6.5. In the event that the buyer does not accept the goods, and the goods are returned to the seller, the buyer is obliged to pay a contractual penalty of 500 CZK and all costs associated with transportation and packaging.

7. Rights Arising from Defective Performance

7.1. The rights and obligations of the contracting parties regarding defective performance are governed by the relevant generally binding regulations (in particular, the provisions of §§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code).

7.2. The seller warrants to the buyer that the goods are free from defects upon delivery. In particular, the seller warrants that at the time the buyer takes delivery of the goods:

• 7.2.1. the goods possess the properties agreed upon by the parties, or, in the absence of an agreement, have such properties as described by the seller or manufacturer, or as the buyer expected based on the nature of the goods and the advertising thereof,
• 7.2.2. the goods are suitable for the purpose indicated by the seller for their use, or for the purpose for which goods of this type are usually used,
• 7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to the agreed sample or model,
• 7.2.4. the goods are in the appropriate quantity, measure or weight, and
• 7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of these terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of goods caused by their normal use, to used goods with a defect corresponding to the degree of use or wear that the goods had upon delivery to the buyer, or as otherwise provided by the nature of the goods.

7.4. If a defect appears within six months of delivery, it is deemed that the goods were defective at the time of delivery.

7.5. The buyer shall assert his rights arising from defective performance with the seller at the designated address of the seller's premises, where complaints can be accepted taking into account the range of goods sold. The moment of complaint is deemed to be the moment when the seller receives the complained-about goods from the buyer along with a written complaint.

7.6. Additional rights and obligations of the parties related to the seller’s liability for defects may be governed by the seller's complaint procedure.

8. Other Rights and Obligations of the Contracting Parties

8.1. The buyer acquires ownership of the goods upon payment of the full purchase price.

8.2. The seller is not bound by any code of conduct towards the buyer in the sense of § 1826 paragraph 1 letter e) of the Civil Code.

8.3. The seller ensures the out-of-court resolution of consumer complaints via the email address info@agroaquapro.cz. The seller will send information about the handling of the buyer’s complaint to the buyer’s email address.

8.4. The seller is entitled to sell goods on the basis of a trade license. The trade license inspection is carried out by the competent trade office within its jurisdiction. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll. on Consumer Protection, as amended.

8.5. The buyer hereby assumes the risk of changes in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

9. Protection of Personal Data

9.1. The protection of the personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll. on the Protection of Personal Data, as amended (hereinafter referred to as "UOOU"). The seller is registered with the Office for Personal Data Protection under number 00076752.

9.2. The buyer agrees to the processing of his personal data: first name and last name, address of residence, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as "personal data").

9.3. The buyer agrees to the processing of his personal data by the seller for the purposes of performing the rights and obligations under the purchase contract and for the purpose of maintaining the user account. Unless the buyer chooses another option, he also agrees to the processing of his personal data by the seller for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in the entire scope provided in this Article is not a condition that by itself would prevent the conclusion of the purchase contract.

9.4. The buyer acknowledges that he is obliged to provide his personal data (when registering, in his user account, when ordering via the website interface) correctly and truthfully and that he is obliged to inform the seller without undue delay of any changes to his personal data.

9.5. The seller may delegate the processing of the buyer’s personal data to a third party as a processor. Apart from persons delivering the goods, the seller will not disclose the buyer's personal data to third parties without the buyer's prior consent.

9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. The buyer confirms that the personal data provided are accurate and that he has been informed that the provision of personal data is voluntary.

9.8. In the event that the buyer believes that the seller or the processor (Article 9.5) is processing his personal data in a manner contrary to the protection of the buyer's private and personal life or in violation of the law, in particular if the personal data are inaccurate with respect to the purpose of their processing, he may:

• 9.8.1. request an explanation from the seller or processor,
• 9.8.2. request that the seller or processor rectify the situation.

9.9. Should the buyer request information regarding the processing of his personal data, the seller is obliged to provide such information. The seller reserves the right to demand a reasonable fee not exceeding the costs necessary for providing the information.

10. Sending of Commercial Communications and Storing Cookies

10.1. The buyer agrees to receive information related to goods, services, or the seller's business at the buyer's email address and further agrees to receive commercial communications from the seller at the buyer's email address.

10.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that a purchase on the website can be made and the seller's obligations under the purchase contract can be fulfilled without storing cookies on the buyer's computer, the buyer may withdraw his consent at any time pursuant to the preceding sentence.

11. Delivery

11.1. Notices concerning the relationship between the seller and the buyer, in particular those regarding cancellation of the purchase contract, must be delivered by mail in the form of a registered letter, unless otherwise stipulated in the purchase contract. Notices are delivered to the appropriate contact address of the other party and are deemed delivered and effective at the moment they are delivered by mail, except for cancellation notices made by the buyer, where cancellation is effective if the notice is sent by the buyer within the cancellation period.

11.2. A notice is also deemed delivered if it was refused by the recipient, was not picked up within the storage period, or was returned as undeliverable.

11.3. The contracting parties may deliver ordinary correspondence to each other by electronic mail, using the email address provided in the buyer's user account or stated by the buyer in the order, or the address stated on the seller's website.

12. Final Provisions

12.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer rights arising from generally binding legal regulations.

12.2. Should any provision of these terms and conditions be invalid or ineffective, or become so, it shall be replaced by a provision that most closely approximates the meaning of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Amendments and supplements to the purchase contract or these terms and conditions require a written form.

12.3. The purchase contract, including these terms and conditions, is archived by the seller in electronic form and is not accessible.

12.4. The annex to these terms and conditions consists of the sample cancellation form for the purchase contract.

12.5. The seller's contact details:

• delivery address: AGRO AQUA PRO, s.r.o. Vesecká 97, 460 06 Liberec 6, Czech Republic
• email address: info@agroaquapro.cz
• telephone: +420 483 704 743