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Terms and Conditions of High & Focused s.r.o.

Terms and Conditions of High & Focused s.r.o. valid for distance selling and electronic commerce via the website https://easeshop.cz (hereinafter referred to as “online shop”) for purchases of private customers with a billing address in the Czech Republic

Definition

“Civil Code” Act No. 89/2012 Coll., Civil Code, as amended;

“Seller” company High & Focused s.r.o., ID No.: 08643431, with registered office at Cimburkova 916/8, Žižkov, 130 00 Prague 3, registered in the Commercial Register maintained by the Municipal Court in Prague under No. C 322528;

“Buyer” a person who enters into a purchase contract outside of his or her business activity as a consumer

Provisions

For orders of goods placed through the website https://easeshop.cz, the following general terms and conditions of the Seller apply exclusively as in force on the date of sending the order.

The Seller issues these Terms and Conditions in accordance with § 1751 et seq. of the Civil Code. The Terms and Conditions regulate the mutual contractual relations that arise when concluding purchase contracts between the Seller and the Buyer through the online store. These terms and conditions are displayed on the website of the online shop and thus ensure their archiving and reproduction. The Buyer is informed of the terms and conditions when placing an electronic order. The Buyer’s subsequent acceptance of the terms and conditions makes the terms and conditions an integral part of the contract of sale thus concluded.
The following terms and conditions shall apply exclusively to the consumer, i.e. to a natural person who, unlike the Seller, does not act within the scope of his business activity or within the scope of his independent exercise of his profession when concluding and performing the contract.
The text of the General Terms and Conditions can be downloaded to your computer or printed out. Any provisions deviating from these terms and conditions shall only apply if confirmed in writing by the Seller.

Subject of the Purchase Agreement

The Buyer acknowledges that the illustrations and photographs of the goods, including the text of the goods, are for illustrative purposes only and may not correspond to reality due to the constant changes in packaging.
The name and purchase price including value added tax are always listed for each individual item in the online shop. The purchase price is considered the contractual price. The prices listed in the online shop are inclusive of VAT. The prices of the goods remain valid for the period of time they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
All changes to the goods and price changes in the online store are subject to change. The offer of goods displayed in the online store is valid until the stock is sold out or the Seller’s ability to perform is lost, and the number of promotional items or the offer validity is always indicated in the online store.
All presentation of goods placed in the catalogue of the online store is informative and the Seller is not obliged to conclude a purchase contract regarding these goods.
The products offered in the category flowers are not intended for smoking within the meaning of Act No. 65/2017 Coll., on the protection of health against the harmful effects of addictive substances.
Any discounts on the purchase price of the goods cannot be combined unless the Seller and the Buyer agree otherwise.
By selling accessories and products intended for smoking or combustion, the online shop does not in any way encourage smoking of other products not intended for that purpose (especially flowers). By purchasing, the buyer confirms that he/she is aware of this fact.
The buyer is aware of the criminal liability and undertakes that the seeds of the cultivated cannabis will not be misused for the production or distribution of the drug, especially in large quantities or to persons under 18 years of age.
The product articles on the blog are for educational and informative purposes only and do not encourage the illegal use of the products available on the online shop.

1. Conclusion of the purchase contract
  1. Until the order has been placed, all information provided for goods and prices on the online shop as part of the order process is non-binding and subject to change. A binding offer to purchase is only made on the basis of an order from the Buyer by clicking on the “Order binding payment” button. The order is considered valid if all the mandatory data and details prescribed by the form are filled in. Information on the individual technical steps in filling out the order is visible from the ordering process in the online shop and the Buyer has the opportunity to check the order and, if necessary, correct the order before the actual dispatch. At the end of the process, the Buyer is provided with the current terms and conditions via a link. The acceptance of the terms and conditions must be done by actively checking the appropriate box. By subsequently submitting the order (by clicking on the “Order binding payment” button), the Buyer confirms the accuracy of the data and declares that he has read the terms and conditions, which he accepts and will comply with.
  2. By submitting an order, the Buyer accepts without reservation all provisions of the Terms and Conditions as in force on the date of sending the order, as well as the price of the ordered goods (including any shipping costs) as listed on the online store.
  3. By submitting an order, the buyer also declares that he/she is of legal age and over 18 years of age.
  4. By clicking on the “Order binding payment” button, the Buyer also agrees that – in the event of a valid contract – payment will be made to the Seller’s account in accordance with Article 6 below. However, the Buyer’s order thus made still requires confirmation by the Seller. The contract of sale and the right to delivery and payment of the goods shall only arise upon acceptance of the Buyer’s order pursuant to paragraph 3.4 below by the Seller. The Seller shall not be obliged to accept an offer to purchase made by the Buyer.

An order for goods is accepted when the Seller confirms receipt of the order by sending an e-mail message to the Buyer. The confirmation of acceptance of the order will be accompanied by the specific valid version of the terms and conditions governing the purchase contract concluded by sending the confirmed order. This confirmation constitutes confirmation of the concluded contract within the meaning of the provisions of
§ Section 1824a(1) of the Civil Code.

1. The Seller is entitled, depending on the type of order (quantity of goods, amount of purchase price, shipping costs) at its discretion, to verify the order with the Buyer at the e-mail address or telephone number specified in the order and the Buyer is obliged to verify the order. If the Buyer does not verify the order, the order shall be deemed not to have been placed and shall be disregarded.
2. The Buyer acknowledges that if gifts are provided with the goods, they are provided on the basis of a special sales event, which the Buyer is always informed about in advance, so the gift contract between the Seller and the Buyer in relation to these gifts is concluded with a condition, if the purchase contract is withdrawn, the gift contract shall cease to be effective and the Buyer shall be obliged to return the related gifts together with the returned goods, otherwise the Buyer shall be deemed to be unjustly enriched.
3. If the Buyer orders goods that cannot be delivered within the timeframe originally announced, the Seller undertakes to immediately inform the Buyer at the e-mail address or telephone contact specified in the order or in the customer account and to agree with the Buyer on further action. If no agreement is reached, the Buyer may cancel the order (i.e. withdraw from the purchase contract with the Seller). The Buyer may do the same if an agreement is reached but the Seller fails to deliver the goods even within a reasonable period of time and/or in another agreed manner. In both cases of cancellation of the order (withdrawal from the purchase contract with the Seller), the Buyer will be refunded without undue delay by the Seller all funds already paid in connection with the order.
4. In accordance with the provisions of § 1740 paragraph 3 of the Civil Code, the Seller excludes the acceptance of an order with a subsequent amendment or deviation made by the Buyer. Proposed changes, additions or deviations by the Buyer to the confirmed order of the Seller shall be considered by the Seller only as an incentive for further negotiations on the content of the purchase contract. The Seller shall not be liable for any failure to conclude the Purchase Contract in accordance with the Buyer’s changes.

Instructions on withdrawal from the contract
1. The Buyer has the right to withdraw from the contract without giving any reason within 14 days from the day following the day on which the Buyer or a third party designated by the Buyer (other than the carrier) takes delivery of the goods. If the Buyer has ordered more than one item of goods in one order and the goods have been delivered separately, the withdrawal period shall only start after the last item of goods or the last partial shipment or the last item of goods has been delivered to the Buyer (or to a third party designated by the Buyer who is not the carrier).
2. The Buyer is obliged to send/communicate the withdrawal from the Purchase Contract to the Seller in writing by letter to the address High & Focused s.r.o., Cimburkova 916/8, Žižkov, 130 00 Prague 3 or by e-mail sent to the email address obchod@easeshop.cz.
3. The buyer may use the sample form attached below to withdraw from the contract, but is not obliged to do so. In order to comply with the deadline for withdrawal from the Purchase Contract according to paragraph 4.1, it is sufficient to send/communicate the withdrawal from the Purchase Contract before the expiry of the relevant deadline. In case of receipt of the withdrawal from the purchase contract, the Seller shall confirm its receipt without undue delay.
4. In the event of withdrawal from the purchase contract, the Buyer is obliged to send the goods received from the Seller to the Seller’s registered office address without undue delay, but no later than fourteen (14) days after the withdrawal. This period shall be deemed to be maintained if the Buyer sends the goods back to the Seller before its expiry.
5. In accordance with Section 1820(1)(j) and Section 1832(3) of the Civil Code, the consumer bears the costs of returning the goods when withdrawing from the purchase contract. The Seller may only require the Buyer to pay the costs set out in the Civil Code.
6. The Seller recommends returning the goods to be sent by the Buyer within the framework of the withdrawal in the original intact packaging, the goods should not bear signs of use, should be undamaged, complete (including any accessories, warranty card, instructions, etc.). The Buyer shall send a copy of the proof of purchase with the goods.
7. In the event of withdrawal from the Purchase Contract, the Seller shall return to the Buyer without undue delay, no later than fourteen (14) days from the date on which the Seller received the notice of withdrawal, all funds, including delivery costs, received from the Buyer under the Purchase Contract, in the same manner as the funds were received. The Seller shall only return the funds received to the Buyer by other means if the Buyer has agreed to this and if no further costs are incurred. However, the Seller shall not be obliged to return the funds received to the Buyer before it receives the goods from the Buyer or the Buyer proves that it has returned the goods to the Seller, whichever is the earlier.
8. If the Buyer has chosen a delivery method other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
9. The Buyer shall be liable to the Seller only for the reduction in value of the goods resulting from handling the goods in a manner other than that necessary to handle them with respect to the familiarity with their nature, functionality and characteristics. Therefore, if the returned goods are damaged, worn out or partially consumed in violation of the previous sentence, the Seller shall be entitled to compensation for the damage caused to the Buyer. The Seller is entitled to unilaterally set off the claim for payment of the damage against the Buyer’s claim for reimbursement of the purchase price.
10. With regard to certain goods (e.g. food supplements), the Buyer acknowledges that for the reasons set out in Section 1837 of the Civil Code, the purchase contract for the supply of goods cannot be withdrawn from, in particular if the goods are goods:

customized according to the Buyer’s wishes or for the Buyer’s person;
perishable goods, goods with a short shelf life and goods which, by their nature, have been irretrievably mixed with other goods after delivery;
in a sealed package which, for health or hygiene reasons, is not suitable to return after the Buyer has broken it.

Sample withdrawal form

(If you wish to withdraw from the contract, please fill in this form and return it to us.)

High & Focused s.r.o.

Cimburkova 916/8,

130 00 Prague 3
obchod@easeshop.cz

– I/we(*) hereby notify that I/we(*) withdraw from the contract for the purchase of these goods……………order number……………..

– Date ordered ………………Date received …………………..

– Name and surname of consumer(s)………………………..

– Address of consumer(s)……………………………

– Signature of the consumer(s) (only if this form is sent in paper form)

_______________

(*) Delete where not applicable.

Delivery of goods

The list of possible delivery methods is determined by the Seller and listed in the online store. The ordered goods are sent by mail order according to the current offer of mail order service providers (carriers). The Buyer is entitled to choose from the options of delivery methods in the order.

The Seller delivers the goods exclusively in the Czech Republic, if the billing address is located in the Czech Republic.

If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of all goods upon delivery. If the Buyer refuses to accept the goods duly delivered, the Buyer shall be obliged to pay the Seller all costs associated with this (represented in particular by the costs of storage, return transport, etc.) and the Seller shall be entitled to withdraw from the purchase contract. This is without prejudice to the Seller’s right to compensation for material and non-material damage .

Upon receipt of the goods from the carrier, the Buyer is obliged to check the goods, the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. This inspection does not concern the contents of the shipment. If the packaging is breached, the Buyer may not accept the goods provided that the breach appears to be an unauthorised intrusion into the consignment and shall make a record of the damage with the carrier or the seller. By signing the delivery note or other document without any reference to reservations or damage, the Buyer confirms that the shipment of goods has met all conditions and requirements and that any subsequent claim regarding the breach of the packaging of the shipment cannot be taken into account.

The Seller shall deliver the ordered goods to the Buyer via the contracted carrier usually within 10 working days at the latest. The time limit according to the previous sentence may be extended by the Seller by up to 10 days if the delay is caused by force majeure or other circumstances not caused by the Seller (e.g. circumstances on the part of the carrier); the Seller shall notify the Buyer of this fact without undue delay, whereby the Buyer shall not be entitled to claim damages or other performance or penalty from the Seller, and furthermore in such case the Buyer shall not have the right to withdraw from the contract until the expiry of the additional notified period for performance.

If it is reasonable after considering the interests of the Seller and the Buyer, the Seller is entitled to make partial deliveries to the address specified in the order. Additional costs incurred in the case of partial deliveries with shipping shall be borne by the Seller. Upon delivery of each partial delivery, the risk of damage to the goods delivered shall pass to the Buyer. If the Seller is in default in the performance of the remaining partial deliveries or if he is unable to perform the remaining partial deliveries, the Buyer shall be entitled to withdraw from the contract in full, provided that the partial delivery is of no significance to the Buyer.

The Seller shall not be liable in the event that, due to force majeure or other circumstances not attributable to the Seller, including epidemic or similar conditions and including a declared state of danger, emergency or similar circumstances (hereinafter referred to as a “non-fault circumstance”), the Seller is unable to deliver the goods to the carrier or that the carrier is unable to deliver the goods to the Buyer in the manner selected in the order. The Seller shall notify the Buyer without undue delay. The Seller shall also be entitled to withdraw from the Purchase Contract under the conditions set out in this clause. The Seller shall send the withdrawal from the Purchase Contract by electronic mail to the Buyer’s electronic mail address specified in the order, without undue delay after the Seller becomes aware of the uncaused circumstance.

Means of payment, maturity, default and retention of title

For a specific purchase, the Buyer selects the method of payment of the purchase price and any additional costs (e.g. shipping costs) in the order process. The Buyer may pay the price for the goods and any costs associated with the delivery of the goods according to the purchase contract to the Seller by credit card (MasterCard or VISA).

The Buyer becomes the owner of the goods only when he pays the Seller the purchase price in full. The risk of damage to the goods passes to the Buyer at the moment of acceptance of the goods. The Buyer may take over the goods only after full payment, unless otherwise agreed.

If payment of the purchase price of the goods and the costs associated with the delivery of the goods is agreed before the delivery of the goods, the Buyer will receive electronically to the e-mail address specified in the order a confirmation of payment of the purchase price.

The Seller shall issue a tax document – invoice for payments made under the Purchase Agreement and send it to the email address specified by the Buyer in the order. The invoice shall contain in particular the designation of the Seller and the Buyer, specification of the type and number of items, the date of invoice, the amount of the purchase price, the amount of discount, VAT, the due date of the purchase price, the Seller’s account number and variable symbol, the amount of the price for transport, if agreed and other costs.

Claims arising from defects in the goods

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

The Seller shall be liable to the Buyer for the fact that the goods are free from defects upon receipt. In particular, goods that do not have the usual or presented characteristics, do not serve their purpose, do not comply with the requirements of legal regulations or have not been delivered in the agreed quantity are considered defective. Any increased sensitivity or allergic reactions to the goods delivered cannot be considered in itself a defect in the goods. Similarly, deficiencies in gifts and other gratuitous services provided by the Seller in excess of the Buyer’s order cannot be considered a defect in the goods.

1. If a defect appears within 1 year from the Buyer’s receipt of the goods, it is assumed that the goods were already defective upon receipt, unless the nature of the item or the defect excludes it. This period does not run for the time during which the Buyer cannot use the goods, if the Buyer has rightfully pointed out the defect.
2. If the goods have a defect, the Buyer may demand its removal. At his option, the Buyer may request the removal of the defect in the form of

– repairing the item, unless it is impossible or unreasonably costly, or

– delivery of new goods without defects, but only if the defect cannot be reasonably remedied by repair.

The reasonableness of the Buyer’s claims for the removal of the defect in the goods by any of the above methods shall be assessed taking into account (i) the nature, significance and extent of the defect, (ii) the value by which the price of the goods is reduced due to the presence of the defect, (iii) any significant difficulties for the Buyer that any of the above forms of removal would entail.

If the complaint was made rightfully, the Buyer is entitled to compensation for the costs reasonably incurred in providing the goods to the Seller to eliminate the defect.
The buyer may demand a reasonable discount or withdraw from the contract if

a) The Seller has refused to remove the defect or has not removed it within thirty (30) days from the date of the claim or within a longer period, additionally agreed with the Buyer, or even if the Seller has not been reimbursed for the costs reasonably incurred in providing the goods to the Seller to remove the defect,
(b) the defect in the goods is repeated,
(c) the defect is a material breach of contract, or if
(d) it is obvious, whether from the Buyer’s statement or the circumstances, that the defect cannot be remedied within a reasonable time or without substantial difficulty to the Buyer.

If the Buyer asks for a reasonable discount, it is determined as the difference between the value of the goods without defect and the goods with defect that the Buyer received from the Seller.

If the Buyer rightfully withdraws from the purchase contract with the Seller, the Seller shall refund the purchase price paid without undue delay after the complaint of the goods concerned is settled by the Seller.

However, the Buyer cannot withdraw from the contract if the Seller proves that the defect in the goods is not significant.

Furthermore, the buyer is generally not entitled to assert rights arising from defective performance:

a.) for goods sold at a lower price because of a defect for which the lower price was agreed;

b.) for wear and tear caused by normal use;

c.) in the case of second-hand goods, a defect corresponding to the degree of use or wear and tear the goods had when received by the Buyer; or

d.) if the defect in the goods was caused by the customer.

Claims for defects in the goods can be made within 2 years from the time of delivery of the goods.

1. If the Buyer discovers defects in the goods, they must apply without undue delay after discovering the defects with the Seller by e-mail to obchod@easeshop.cz or in writing by letter sent together with the goods to the Seller’s registered office.

The Buyer shall provide the required information when submitting a claim, i.e. his name and surname, contact details, description of the defect in the goods and what method of handling the claim the Buyer requires (what right he claims from the defective performance). The Buyer cannot change the choice made without the consent of the Seller. The Buyer is obliged to prove that the claimed goods were purchased from the Seller (e.g. by a copy of a tax document or other appropriate means).

When making a claim, unless otherwise agreed, the Buyer shall send the defective goods back to the Seller at the address of its registered office. The Seller shall issue a receipt of the claimed goods, which shall include the date of the claim, the content of the claim, the requested method of settlement of the claim and confirmation of the date and method of settlement of the claim, including confirmation of the repair and its duration, or written justification for the rejection of the claim.

The actual appearance of the goods delivered to the customer may not always correspond to the image of the goods offered on the website. In particular, changes in the appearance and design of the products may occur after manufacturers have renewed their product range. The customer is not entitled to make any claims for defects in the goods, provided that such changes are reasonable.

Costs associated with the return of goods are borne by the Seller in the event of a defect.

The Seller is obliged to decide on the complaint without delay, no later than within three working days of receipt of the goods complained about, or within this period must decide that the decision requires a professional assessment, of which the Seller informs the Buyer. The Seller is obliged to settle the complaint, including the removal of the defect, without delay, no later than 30 days from the date of receipt of the claimed goods. Failure to meet this deadline shall be considered a material breach of contract, which shall give the Buyer the right to withdraw from the contract.

The time limit for claiming defects in the goods is extended by the time from the claim until its settlement or until the Buyer was obliged to collect the item. If the goods or a part thereof are replaced, liability shall apply as if the goods or a part thereof had been purchased new.

Compensation for damages

Compensation for damages resulting from a breach of an obligation arising from a contractual relationship shall be provided if the statutory conditions are met. This also applies by analogy to claims for damages under the manufacturer’s liability for damage caused by a product defect. The purchaser should observe all instructions on the packaging and in the package leaflets. In the event of use and/or handling contrary to these instructions, the Seller shall not be liable.

Personal data protection

1. The data necessary for the execution of the transaction is stored, processed and used by the Seller. In this context, the Seller refers to the Information on the protection of personal data. For the purpose of the performance of the purchase contract, the Seller processes the Buyer’s personal data to the extent necessary for the performance of the purchase contract (name and surname, delivery address, e-mail address, telephone number and data regarding the goods, billing data). The Buyer provides this personal data directly during the ordering and receipt of goods or through his customer account, if he has an account.

Disputes
1. If a dispute arises on the basis of the concluded purchase contract between the Seller and the Buyer – consumer, which will not be resolved to the satisfaction of the Buyer – consumer by other means, the Buyer always has the right to turn to the Czech Trade Inspection (Czech Trade Inspection – Central Inspectorate – ADR Department, Štěpánská 567/15, 120 00 Prague 2, web: adr.coi.cz, e-mail: adr@coi.cz) as the subject matter competent entity according to the provisions of § 20e (d) of Act No. 634/1992 Coll, 634/1992 Coll., on Consumer Protection, as amended, with a proposal for out-of-court settlement of a consumer dispute pursuant to the relevant provisions of Part Three (§ 20d – 20m) of Act No. 634/1992 Coll., on Consumer Protection, as amended. The consumer-buyer may also use the online dispute resolution platform set up by the European Commission ate http://ec.europa.eu/consumers/odr/.

Other
1. The Seller reserves the right to change the General Terms and Conditions at any time. The Buyer can download the currently valid version of the General Terms and Conditions at any time on the website https://easeshop.cz as a PDF document and print it out.
2. The applicable law is Czech law.
3. If a severable provision of these General Terms and Conditions is or becomes invalid, unenforceable or void, this shall not affect the validity of the remaining provisions of these General Terms and Conditions.
4. The goods offered on the online shop are not intended for sale abroad, neither within the European Economic Area nor to third countries. However, if the conditions for international purchase of goods are fulfilled, the Vienna Convention on the International Sale of Goods and related international conventions are excluded.
5. The Buyer hereby expressly declares that he/she has read the text of these Terms and Conditions before sending the order, the provisions of the Terms and Conditions are clear and understandable to him/her and he/she fully understands them and will comply with them.
6. These terms and conditions shall take effect from 1.1.2024

Prague, 1.1.2024 – High & Focused s.r.o.

COMPLAINTS

tel.: 702 113 112

E-mail: obchod@easeshop.cz

By post: Ease Shop, M. Horákové 391/47, Prague 170 00

Returning the claimed goods by mail: Ease Shop, M. Horákové 391/47, Prague 170 00

RESIGNATION

tel.: 702 113 112

E-mail: obchod@easeshop.cz

By post: Ease Shop, M. Horákové 391/47, Prague 170 00

Returning goods by post: Ease Shop, M. Horákové 391/47, Prague 170 00

Terms and Conditions of High & Focused s.r.o.

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