Legal notice

These General Terms and Conditions (“Terms”) of CANNA HOUSE s.r.o., with its registered office at Příkop 843/4, Zábrdovice, 60200 Brno, Company ID No. 21359911, registered in the Commercial Register maintained by the Regional Court in Brno, File No. C 138422, e-mail: info@cannahouse.cz, telephone number: +420 792 380 959 (“We” or “Seller”), govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations between You, as the buyer, and Us, as the seller, arising in connection with or on the basis of a purchase contract (“Contract”) concluded via the E-shop on the website www.cannahouse.cz.

All information on the processing of your personal data is contained in the Privacy Policy, which can be found here.

The provisions of these Terms are an integral part of the Contract. The Contract and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the Terms. The rights and obligations arising during the period of effectiveness of the previous version of the Terms are not affected by such amendments.

As you are certainly aware, we primarily communicate remotely. Therefore, our Contract is also concluded using remote means of communication, which allow us to reach an agreement without the simultaneous physical presence of both You and Us, and the Contract is thus concluded remotely in the environment of the E-shop, via the website interface (“E-shop Web Interface”).

If any part of the Terms conflicts with what we have agreed with you during the process of your purchase in our E-shop, such specific agreement shall take precedence over the Terms.

I. SOME DEFINITIONS

Price is the monetary amount you will pay for the Goods;
Shipping Price is the monetary amount you will pay for the delivery of the Goods, including the cost of packaging;
Total Price is the sum of the Price and the Shipping Price;
VAT means value-added tax in accordance with applicable legislation;
Invoice is a tax document issued in accordance with the VAT Act for the Total Price;
Order is your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;
User Account is an account created based on the data you provide, enabling storage of the entered data and maintaining a history of ordered Goods and concluded Contracts;
You are the person purchasing on our E-shop, referred to by law as the buyer;
Goods means everything you can purchase in the E-shop.

II. GENERAL PROVISIONS AND INSTRUCTIONS

The purchase of Goods is only possible through the E-shop Web Interface.
When purchasing Goods, it is your obligation to provide Us with all information correctly and truthfully. The information you provided to Us when ordering the Goods will therefore be regarded as correct and truthful.

III. CONCLUSION OF THE CONTRACT

A Contract with Us can only be concluded in the Czech language.
The Contract is concluded remotely via the E-shop, and you bear the costs of using remote communication means. However, these costs do not differ in any way from the basic rate you pay for using such means (especially internet access); therefore, you should not expect any additional costs charged by Us beyond the Total Price. By sending an Order, you agree to the use of remote communication means.
For us to conclude a Contract, you must create a draft Order on the E-shop. This draft must include the following information:

a) Information about the purchased Goods (in the E-shop, you select the Goods you wish to purchase by pressing the “Add to Cart” button);
b) Information about the Price, Shipping Price, method of payment of the Total Price, and the required method of delivery of the Goods. These details will be entered during the creation of the draft Order within the user interface of the E-shop. Information on the Price, Shipping Price, and Total Price will be provided automatically based on the Goods you selected and your chosen delivery method;
c) Your identification and contact details for delivery of the Goods, in particular your name, surname, delivery address, telephone number, and e-mail address;
d) In the case of a Contract under which we will deliver the Goods to you regularly and repeatedly, also information on how long we will deliver the Goods to you.
During the creation of the draft Order, you may change and check the entered data until the draft is finalized. After checking, you create the Order by pressing the “Order with obligation to pay” button. However, before pressing the button, you must confirm that you have read and agree with these Terms; otherwise, it will not be possible to create the Order. The checkbox serves for confirmation and agreement. After pressing the “Order with obligation to pay” button, all entered information will be sent directly to Us.
We will confirm your Order to you as soon as possible after it is delivered to Us, by sending a message to your e-mail address provided in the Order. The confirmation will include a summary of the Order and these Terms. Upon confirmation of the Order by Us, the Contract between You and Us is concluded. The Terms valid on the date of the Order form an integral part of the Contract.
There may also be situations in which we cannot confirm your Order. These are in particular cases where the Goods are not available or situations where you order more items than we allow. Information on the maximum quantity of Goods will always be provided to you in advance within the E-shop, and should therefore not be surprising. If there is any reason why we cannot confirm your Order, we will contact you and send you an offer to conclude a Contract in a modified form compared to the Order. The Contract is concluded in such a case at the moment when you confirm our offer.
If an obviously incorrect Price is indicated within the E-shop or in the draft Order, we are not obliged to deliver the Goods to you at this Price, even if you have received an Order confirmation and the Contract has thus been concluded. In such a situation, we will contact you without delay and send you an offer to conclude a new Contract in a modified form compared to the Order. The new Contract is concluded in such a case at the moment when you confirm our offer. If you do not confirm our offer within 3 days from its sending, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price with other sellers or a digit is missing or redundant.
Upon the conclusion of the Contract, you become obliged to pay the Total Price.
If you have created a User Account, you may also place an Order through it. In such a case, however, you are still obliged to check the accuracy, truthfulness, and completeness of the pre-filled information. The method of creating the Order is the same as for a buyer without a User Account, but the advantage is that you do not need to repeatedly enter your identification details.
In some cases, we allow the use of a discount for the purchase of Goods. To receive a discount, you must enter information about this discount into the designated field during the creation of the draft Order. If you do so, the Goods will be provided to you at a discounted price.

IV. USER ACCOUNT

Based on your registration within the E-shop, you may access your User Account.
When registering a User Account, it is your duty to provide all required information correctly and truthfully and to update it in case of any changes.
Access to the User Account is secured by a username and password. You are obliged to maintain confidentiality regarding these login details and not to provide them to anyone. In case of misuse, we bear no responsibility.
The User Account is personal; therefore, you are not entitled to allow its use by third parties.
We may cancel your User Account, in particular if you do not use it for more than 365 consecutive days, or if you breach your obligations under the Contract.
The User Account may not always be available continuously, especially due to necessary maintenance of hardware and software.

V. PRICE AND PAYMENT TERMS, RETENTION OF TITLE

The Price is always indicated within the E-shop, in the draft Order, and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Goods in the E-shop and the Price stated in the draft Order, the Price stated in the draft Order shall apply, which will always be identical to the price in the Contract. The draft Order also states the Shipping Price and, where applicable, the conditions under which shipping is free of charge.
The Total Price is stated including VAT and all fees required by law.
We will require payment of the Total Price after conclusion of the Contract and before delivery of the Goods. Payment of the Total Price can be made in the following ways:

a) Bank transfer to account number 6640629349/0800. Payment details will be sent to you in the Order confirmation. In the case of payment by bank transfer, the Total Price is due upon crediting to our account.

b) Cash on delivery. In this case, payment is made upon delivery of the Goods against handover. In the case of cash on delivery, the Total Price is due upon receipt of the Goods.

c) Cash upon personal collection. Cash payment is possible if the Goods are collected at our premises. In this case, the Total Price is due upon receipt of the Goods.
The Invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address. The Invoice will also be physically attached to the Goods and available in the User Account.
Title to the Goods passes to you only after payment of the Total Price and receipt of the Goods. In the case of payment by bank transfer, the Total Price is paid when credited to our account; in other cases, payment is made at the time of execution of payment.

VI. DELIVERY OF GOODS AND TRANSFER OF RISK OF DAMAGE

The Goods will be delivered to you in the manner of your choice, from the following options:

a) Personal collection at Our premises listed in the “OUR STORES” section;
b) Personal collection at Zásilkovna pick-up points;
c) Delivery through shipping companies Zásilkovna, DPD, GLS.
The Goods can only be delivered within the Czech Republic.
The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The expected delivery time will be stated in the Order confirmation. The time indicated in the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you by e-mail when the Goods are ready for pick-up.
Upon receipt of the Goods from the carrier, you are obliged to check the integrity of the packaging and, in the event of any defects, immediately notify both the carrier and Us. If the packaging shows signs of tampering or unauthorized opening, you are not obliged to accept the Goods from the carrier.
If you fail to fulfil your obligation to accept the Goods, except in cases under Article VI.4 of the Terms, this does not mean that We failed to deliver the Goods. Failure to accept the Goods does not constitute withdrawal from the Contract. However, in such a case, We have the right to withdraw from the Contract due to your material breach. If we decide to exercise this right, the withdrawal becomes effective on the day we deliver such withdrawal to you. Withdrawal does not affect our right to reimbursement of the Shipping Price or compensation for damage, if incurred.
If, for reasons on your side, the Goods must be delivered repeatedly or in a manner other than agreed in the Contract, you are obliged to reimburse Us for the costs associated with such repeated delivery. Payment details will be sent to your e-mail address stated in the Contract and are due within 14 days from delivery of the e-mail.
The risk of damage to the Goods passes to you at the moment you accept them. If you do not accept the Goods, except in cases under Article VI.4, the risk of damage passes to you at the moment you had the opportunity to accept them but failed to do so for reasons on your part. The transfer of risk means that from that moment you bear all consequences related to loss, destruction, damage, or any devaluation of the Goods.
If the Goods were not indicated as “in stock” in the E-shop and an indicative availability period was given, we will always inform you in the event of:

a) an extraordinary production outage of the Goods, in which case we will inform you of the new expected availability or that delivery is impossible;
b) a delay in delivery of the Goods by Our supplier, in which case we will inform you of the new expected delivery time.
If we are unable to deliver the Goods to you within 30 days after the delivery time stated in the Order confirmation, for any reason, both We and You are entitled to withdraw from the Contract.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

We guarantee that at the moment the risk of damage to the Goods passes to you under Article VI.7, the Goods are free from defects, in particular that:

a) they have the properties agreed with you, or if not explicitly agreed, those stated in the description of the Goods, or such as can reasonably be expected given the nature of the Goods;
b) they are suitable for the purposes stated by Us, or for the usual purposes for Goods of this type;
c) they correspond to the quality or workmanship of the agreed sample, if quality or workmanship was determined according to a sample;
d) they are in the appropriate quantity and weight;
e) they comply with legal requirements;
f) they are not encumbered by third-party rights.
The rights and obligations regarding defective performance are governed by applicable laws (in particular Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
If the Goods have a defect, i.e., in particular, if any condition under Article VII.1 is not met, you may notify Us of such defect and exercise rights from defective performance (i.e., make a claim) by sending an e-mail or letter to Our addresses provided in Our identification details. You may also use the sample form provided as Annex No. 1 to the Terms. In the claim, you must state how you wish the defect to be resolved; this choice cannot be changed later without Our consent, except in cases under Article 7.4. We will handle the claim in accordance with your chosen right from defective performance. If you do not choose how the defect should be resolved, you have the rights stated in Article 7.5 even if defective performance was a material breach of the Contract.
If defective performance constitutes a material breach of the Contract, you have the following rights:

a) to remedy the defect by delivery of new Goods without defects, or delivery of missing Goods;
b) to remedy the defect by repair of the Goods;
c) to a reasonable discount on the Price;
d) to withdraw from the Contract.

If you choose resolution under a) or b) and We do not remedy the defect within the reasonable time specified, or if We inform you that we will not remedy the defect this way, you have the rights under c) and d), even if you did not originally request them. Likewise, if you choose repair and We determine the defect is irreparable, we will inform you and you may choose another method of resolution.
If defective performance constitutes a non-material breach of the Contract, you have the following rights:

a) to remedy the defect by delivery of new Goods without defects, or delivery of missing Goods;
b) to remedy the defect by repair of the Goods;
c) to a reasonable discount on the Price.

If we do not remedy the defect in time or refuse to do so, you have the right to withdraw from the Contract. You may also withdraw if the Goods cannot be used properly due to repeated defects after repair or due to a larger number of defects.
In both material and non-material breach, you cannot withdraw from the Contract or demand delivery of new Goods if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:

a) if the condition changed as a result of inspection to identify the defect;
b) if the Goods were used before the defect was discovered;
c) if the impossibility of returning the Goods in the same condition was not caused by your actions or omissions;
d) if, before discovering the defect, you sold, consumed, or altered the Goods in the ordinary course of use. If only partly, you must return the remaining part, and you will not be refunded for the portion corresponding to the benefit from the use.
Within 3 days of receiving your claim, we will confirm to your e-mail that we have received it, the date of receipt, and the expected time for resolution. We will handle the claim without undue delay, no later than 30 days after receipt. This period may be extended by mutual agreement. If the period expires without resolution, you may withdraw from the Contract.
We will inform you of the outcome of the claim by e-mail. If the claim is justified, you are entitled to reimbursement of reasonable costs. You must provide proof of these costs (e.g., receipts or proof of postage). If the defect was resolved by delivery of new Goods, you are obliged to return the original Goods to Us, and We will cover the return shipping costs.
If you are an entrepreneur, you must notify and claim defects without undue delay after you could have discovered them, but no later than within three days of receiving the Goods.
If you are a consumer, you may exercise rights from defective performance for a defect that appears in consumer Goods within 24 months of receiving the Goods.
The rights from defects do not apply in the following cases:

a) Goods sold at a lower Price due to the defect for which the lower Price was agreed;
b) wear and tear caused by normal use;
c) used Goods with defects corresponding to the level of use or wear at the time of acceptance;
d) if this follows from the nature of the Goods.

VIII. WITHDRAWAL FROM THE CONTRACT

Withdrawal from the Contract, i.e., termination of the contractual relationship between Us and You from its beginning, may occur for the reasons and in the ways specified in this Article or in other provisions of the Terms where the possibility of withdrawal is expressly stated.
If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have the right under Section 1829 of the Civil Code to withdraw from the Contract without giving any reason within 14 days from the date of receipt of the Goods. If we have concluded a Contract covering several types of Goods or delivery of several parts, this period starts from the delivery of the last part of the Goods. If we have concluded a Contract under which the Goods will be delivered regularly and repeatedly, the period starts from the date of delivery of the first delivery. You may withdraw from the Contract in any demonstrable way (in particular by sending an e-mail or letter to Our addresses listed in Our identification details). You may also use the sample form provided as Annex No. 2 to the Terms.
However, even as a consumer, you may not withdraw from the Contract in the following cases where the subject of the Contract is:

a) Goods whose Price depends on fluctuations of the financial market beyond Our control, which may occur during the withdrawal period;
b) delivery of alcoholic beverages, which can only be delivered after thirty days and whose Price depends on financial market fluctuations beyond Our control;
c) Goods that were modified according to your wishes or for your person;
d) Goods that are perishable or Goods that were irreversibly mixed with others after delivery;
e) Goods in a sealed package that were removed from the package and cannot be returned for hygiene reasons;
f) delivery of audio or video recordings or computer software if their original packaging was broken;
g) delivery of newspapers, periodicals, or magazines;
h) delivery of digital content not delivered on a tangible medium, provided that it was delivered with your prior express consent before the withdrawal period expired, and We informed you that you have no right of withdrawal.
The withdrawal period under Article VIII.2 of the Terms is deemed to be met if you send Us a notice of withdrawal within it.
In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days from the effective date of withdrawal, to the account from which it was credited, or to the account you choose in the withdrawal notice. However, the amount will not be refunded before you return the Goods to Us or prove that you have sent them back. Please return the Goods clean, preferably in the original packaging.
In the event of withdrawal under Article VIII.2 of the Terms, you are obliged to return the Goods to Us within 14 days of withdrawal and bear the costs associated with returning the Goods. You are, however, entitled to a refund of the Shipping Price, but only up to the amount corresponding to the cheapest offered method of delivery that We offered. If you withdraw because We have breached the Contract, We will reimburse you for the costs of returning the Goods, but again only up to the amount of the cheapest offered delivery method.
You are liable to Us for any damage if the Goods are damaged as a result of your handling in a manner other than necessary given their nature and properties. We will charge you for the damage after the Goods are returned to Us, with payment due within 14 days. If We have not yet refunded the Price, We are entitled to offset the claim for damages against your claim for a refund of the Price.
We are entitled to withdraw from the Contract at any time before delivering the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiry of the period stated in Article VI.9 of the Terms. We may also withdraw from the Contract if it is evident that you deliberately provided incorrect information in the Order. If you are purchasing Goods in the course of your business activity, i.e., as an entrepreneur, We are entitled to withdraw from the Contract at any time, even without giving reasons.

IX. DISPUTE RESOLUTION WITH CONSUMERS

We are not bound, in relation to buyers, by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
We handle consumer complaints via the e-mail address: reklamace@cannahouse.cz. Information on the settlement of a complaint will be sent to the buyer’s e-mail address.
The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can also be used for resolving disputes between the seller and a consumer buyer from purchase contracts concluded electronically.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

X. FINAL PROVISIONS

If our legal relationship with you contains an international element (e.g., we will ship goods outside the territory of the Czech Republic), the relationship shall always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your rights under the applicable laws.
All written correspondence between Us and You will be delivered by e-mail. Our e-mail address is stated in Our identification details. We will deliver correspondence to your e-mail address stated in the Contract, in the User Account, or through which you contacted Us.
The Contract may only be amended on the basis of a written agreement between Us and You. However, We are entitled to amend and supplement these Terms. Such amendment does not affect already concluded Contracts but only Contracts concluded after the amendment enters into effect. We will inform you of the change only if you have a User Account (so that you are aware of it when ordering new Goods, though the change does not constitute grounds for termination since there is no Contract to terminate) or if We are obliged to deliver Goods to you regularly and repeatedly under the Contract. We will send information about the change to your e-mail address at least 14 days before the change becomes effective. If you do not terminate the existing Contract for regular and repeated delivery of Goods within 14 days of receiving the information about the change, the new Terms will become part of our Contract and will apply to the next delivery following the effective date of the change. The notice period in the event you terminate is 2 months.
In the event of force majeure or unforeseeable events (natural disasters, pandemics, operational failures, supplier outages, etc.), we are not liable for damage caused as a result of or in connection with force majeure. If the state of force majeure lasts longer than 10 days, both We and You have the right to withdraw from the Contract.
Annex No. 1 – Complaint Form, and Annex No. 2 – Withdrawal Form, form part of these Terms.
The Contract, including the Terms, is archived in electronic form by Us but is not accessible to you. However, you will always receive these Terms and the Order confirmation with the Order summary by e-mail, so you will always have access to the Contract even without Our assistance. We recommend always saving the Order confirmation and the Terms.
These Terms shall become effective on 21 March 2024.

ANNEX No. 1 – COMPLAINT FORM

Addressee:
CANNA HOUSE s.r.o.
Příkop 843/4, Zábrdovice, 60200 Brno

Complaint Submission

Date of conclusion of the Contract:

Name and surname:

Address:

E-mail address:

Goods subject to complaint:

Description of defects of the Goods:

Proposed method of resolving the complaint, or indication of a bank account number for granting a discount:

I also request confirmation of the submission of this complaint, stating when I exercised this right, what the complaint contains, together with my claim, including the date and method of handling the complaint.

Date:
Signature:

ANNEX No. 2 – WITHDRAWAL FORM

Addressee:
CANNA HOUSE s.r.o.
Příkop 843/4, Zábrdovice, 60200 Brno

I hereby declare that I withdraw from the Contract:

Date of conclusion of the Contract:

Name and surname:

Address:

E-mail address:

Specification of Goods subject to the Contract:

Method for refund of received funds, or indication of a bank account number:

If the buyer is a consumer, they have the right, in the event that they ordered goods via the e-shop of CANNA HOUSE s.r.o. (“Company”) or by other means of remote communication, to withdraw from the already concluded purchase contract within 14 days of receiving the goods, without giving any reason and without any penalty, except for cases specified in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended. Such withdrawal must be notified by the buyer to the Company in writing at the Company’s business address or electronically to the e-mail address indicated in the sample form.

If the consumer buyer withdraws from the purchase contract, they shall, without undue delay and no later than 14 days after withdrawal, send or hand over to the Company the goods received.

If the consumer buyer withdraws from the purchase contract, the Company shall, without undue delay and no later than 14 days after withdrawal, return all monetary funds (purchase price of the delivered goods), including delivery costs received on the basis of the purchase contract, in the same manner. If the buyer chose a method of delivery other than the cheapest one offered by the Company, the Company will refund only the amount corresponding to the cheapest offered delivery method. The Company is not obliged to refund the money before the buyer returns the goods or proves that the goods were sent back to the Company.

Date:
Signature: