Terms and Conditions

I. Basic Provisions

1. These general terms and conditions (hereinafter referred to as the "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code")

Peter Janata
Žerotín 88
440 01 Žerotín, Czech Republic
E-mail: leave me alone! p.janata92@gmail.com
ID: 22495061
Non-payer of VAT.
www.petersflytraps.com
(hereinafter referred to as the "Seller")

2. These terms and conditions govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside of their business activities as a consumer or within their business activities (hereinafter referred to as the "Buyer") via the web interface located on the website available at the internet address www.petersflytraps.com. (hereinafter referred to as the "online catalog").

3. The provisions of the terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.

4. These terms and conditions and the purchase contract are concluded in Czech or English language.

II. Information about goods and prices

1. Information about goods, including the prices of individual goods and their main characteristics, is provided for individual goods in the online catalogue on the website. The prices of goods are final, including all related fees and costs for returning goods, if these goods cannot be returned by regular mail due to their nature. The prices of goods remain valid for the period during which they are displayed on the website. This provision does not exclude the conclusion of a purchase contract under individually agreed terms.

2. All presentation of goods placed in the online catalogue on the website is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

3. Information about the costs associated with packaging and delivery of goods is published on the website. You can find these information on Shipping and Payment page. This information only applies to cases where goods are delivered within the territory of the Czech Republic, Slovakia and to EU countries.

4. Any discounts on the purchase price of goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

5. Live plants that are the subject of sale go through different growth stages and vegetation fluctuations depending on the species and the season (e.g. overwintering bud, turion, winter rosette, overwintered rhizome with cut leaves, etc.), which must be taken into account when purchasing and growing. The photographs, unless otherwise stated, show the plants in ideal condition at the peak of their growing season.

6. The size of the plants is determined depending on the type of growth: For tall growing species, the size is determined by the expected height of the traps in the season. For plants that form a ground-level leaf rosette, the selling size is determined as the diameter of this leaf rosette, or the relative size given by the age of the plant being sold. An adult plant is defined as a plant capable of flowering.

III. Order and conclusion of the purchase contract

1. The costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the basic rate.

2. The buyer places an order for goods in the following ways:

• by filling in the order form at the website www.petersflytraps.com
• by sending an email communication to the seller for the purpose of purchasing without using order form

3. When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment and delivery. I accept payment to my bank account or via PayPal. More information can be found on Shipping and Payment page.

4. Before sending the order, each user checks all the provided data and data about the goods he is interested in purchasing. The buyer sends the order to the seller by filling the order form at the website www.petersflytraps.com or by sending an email communication. The data specified in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data for the smooth delivery of the goods and the buyer's confirmation that he has read these terms and conditions.

5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering or from which the order was sent. The purchase contract is concluded only after the seller accepts the order. Notification of acceptance of the order is delivered to the buyer's email address, including payment instructions.

6. In the event that the seller cannot meet any of the requirements specified in the order, the seller will send the buyer an amended offer to his email address. The amended offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.

7. If the Seller does not confirm the order within 10 days of receipt of the order, the order shall be deemed not to have been accepted by the Seller.

8. All orders accepted by the seller are binding. The Buyer may cancel the order until the Buyer receives a notification of acceptance of the order from the Seller. The Buyer may cancel the order by email address specified in these Terms and Conditions.

9. In the event that there is an obvious technical error on the Seller's part when stating the price of the goods on the website or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously incorrect price, even if the Buyer has been sent a confirmation of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to his email address. The amended offer shall be considered a new draft of the purchase contract and the purchase contract shall in such case be concluded by the Buyer's confirmation of acceptance to the Seller's email address.

10. The contract between the buyer and the seller can only be concluded in Czech or English language.

IV. Payment terms and delivery of goods

1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

• by bank transfer to the seller's bank account IBAN: CZ24 3030 0000 0032 7232 2015, BIC / Swift: AIRACZPP
• by money transfer within PayPal service to the seller's PayPal account: petersflytraps
• in cash upon personal collection at the establishment

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

3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract.

4. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.

5. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before sending the goods is not an advance payment.

6. According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer.

7. The goods are delivered to the buyer:

• to the address specified by the buyer in the order
• via a delivery point to the delivery point address specified by the buyer
• by personal collection at the seller's premises
• by personal collection at another agreed location

8. The choice of the delivery method is made when ordering the goods or in the seller's order confirmation.

9. The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's order confirmation. In the event that the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

10. If the seller is obliged to deliver the goods to the place specified by the buyer in the order under the purchase contract, the buyer is obliged to accept the goods upon delivery. If, for reasons on the buyer's side, the goods must be delivered repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

11. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

12. The seller will issue two documents: an invoice and phytosanitary passport. Both documents are sent to the buyer within the order.

13. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Responsibility for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.

14. For safety reasons, the plants are sent bare-rooted, i.e. unplanted, packaged so that they can handle the transport in order. In the case of personal collection, the plants are delivered planted in a flower pot.

15. The delivery time is governed by the order closing dates and regular shipping dates.

V. Withdrawal from the contract

1. The buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.

2. The wi thdrawal period is 14 days

• from the date of receipt of the goods
• from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
• from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods

3. In the case of purchase of goods with a variable nature (live plants, seeds, etc.), the buyer is entitled to withdraw from the contract within 3 days of receipt of the goods due to the susceptible nature of the goods.

4. The buyer may not withdraw from the purchase contract, among other things:

• the provision of services, if they were performed with his prior express consent before the expiration of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract
• on the supply of goods or services, the price of which depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period
• on the supply of alcoholic beverages, which can only be delivered after the expiration of thirty days and whose price depends on fluctuations in the financial market independent of the seller's will
• on the supply of goods that have been modified according to the buyer's wishes or for his person
• on the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery
• on the supply of goods in sealed packaging that the buyer has removed from the packaging and cannot be returned for hygiene reasons
• on the supply of sound or video recording or computer program, if their original packaging has been damaged
• the delivery of newspapers, periodicals or magazines
• the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract
• in other cases specified in Section 1837 of the Civil Code

5. In order to comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.

6. To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase contract to the seller's email or delivery address specified in these terms and conditions. The seller shall confirm receipt of the form to the buyer without delay.

7. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of the withdrawal from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature.

8. If the buyer withdraws from the contract, the seller shall immediately, but no later than within 14 days of the withdrawal from the contract, return to him all funds, including delivery costs, that he has received from him, in the same way. The seller shall return to the buyer the funds received in another way only if the buyer agrees to this and if this does not incur additional costs.

9. If the buyer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall return to the buyer the costs of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

10. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.

11. If the seller is obliged to deliver the goods to the place specified by the buyer in the order under the purchase contract, the buyer is obliged to accept the goods upon delivery. If, for reasons on the buyer's side, the goods must be delivered repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

12. The buyer must return the goods to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

13. The seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall immediately inform the Buyer via the email address specified in the order and shall return all funds, including delivery costs, received from the Buyer under the contract within 14 days of the notification of withdrawal from the purchase contract, in the same manner or in the manner specified by the Buyer.

VI. Rights arising from defective performance

1. The seller is liable to the buyer that the goods are free from defects upon acceptance. In particular, the seller is liable to the buyer that at the time the buyer accepted the goods:

• the goods have the properties agreed upon by the parties, and in the absence of such an agreement, they have the properties described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them
• the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used
• the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template
• the goods are in an appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations

2. The buyer is entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt. In the case of other goods of a variable nature (live plants, seeds, etc.), the buyer is entitled to exercise the right of defect only for a period of seven days after receipt of the goods.

3. If the period for which the goods can be used is stated on the goods sold, on their packaging, in the instructions attached to the goods or in the advertisement in accordance with other legal regulations, the provisions on the quality guarantee shall apply. By the quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the buyer has rightfully complained to the seller about a defect in the goods, the period for exercising rights from defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.

4. The provisions set out in the previous paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when the buyer took them over, or if this results from the nature of the goods. The buyer shall not be entitled to the right to claim for defective performance if he knew before taking over the goods that the goods had a defect, or if the buyer himself caused the defect.

5. In the event of a defect, the buyer may submit a complaint to the seller and demand:

• replacement for new goods
• a reasonable discount on the purchase price
• withdraw from the contract

6. The buyer has the right to withdraw from the contract:

• if the goods have a significant defect
• if he cannot use the item properly due to the repeated occurrence of the defect or defects after repair
• in the event of a large number of defects in the goods

7. A material breach of contract is one that the party in breach of contract knew or should have known at the time of conclusion of the contract that the other party would not have concluded the contract if it had foreseen such breach.

8. In the case of a defect that constitutes an immaterial breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.

9. If a removable defect occurs repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or the goods have a greater number of defects (usually at least three defects at the same time), the buyer is entitled to claim a discount on the purchase price, exchange the goods or withdraw from the contract.

10. When making a complaint, the buyer is obliged to inform the seller of the right he has chosen. A change of choice without the seller's consent is only possible if the buyer requested the repair of a defect that turns out to be non-removable. If the buyer does not exercise his right to a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.

11. If repair or replacement of the goods is not possible, the buyer may demand a refund of the purchase price in full based on withdrawal from the contract.

12. If the seller proves that the buyer knew about the defect in the goods before taking over or caused it himself, the seller is not obliged to satisfy the buyer's claim.

13. The buyer cannot make a complaint about discounted goods for the reason for which the goods are discounted.

14. The seller is obliged to accept a complaint at any establishment where the acceptance of a complaint is possible, or at the registered office or place of business. The seller is obliged to issue the buyer with a written confirmation of when the buyer exercised the right, what the content of the complaint is and what method of settling the complaint the buyer requests, as well as a confirmation of the date and method of settling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.

15. The seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claiming the complaint is considered the moment when the buyer's will (the exercise of the right from defective performance) reaches the seller.

16. The seller shall inform the buyer in writing of the outcome of the complaint.

17. The buyer shall not be entitled to the right arising from defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.

18. In the event of a justified complaint, the buyer shall be entitled to compensation for the reasonably incurred costs incurred in connection with the complaint. The buyer may exercise this right against the seller within one month after the expiry of the warranty period, otherwise the court may not grant it.

19. The buyer shall have the choice of the method of complaint.

20. The rights and obligations of the contracting parties regarding the rights arising from defective performance shall be governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.

VII. Delivery

1. The contracting parties may deliver all written correspondence to each other via electronic mail.

2. The buyer shall deliver correspondence to the seller to the email address specified in these terms and conditions. The seller shall deliver correspondence to the buyer to the email address specified in the order.

VIII. Personal data

1. All information provided by the Buyer in working with the Seller is confidential and will be treated as such. Unless the Buyer gives the Seller written permission, the Seller will not use the Buyer's information other than for the purpose of performing the contract, except for the email address to which commercial communications may be sent, as this practice is permitted by law, unless expressly refused. These communications may only relate to similar or related goods and may be opted out of at any time by simple means (by sending a letter, email or by clicking on a link in the commercial communication). The e-mail address will be kept for this purpose for 3 years after the last contract between the parties has been concluded.

2. More detailed information on personal data protection can be found in the Privacy Policy.

IX. Out-of-court dispute resolution

1. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

2. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for out-of-court resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from a purchase contract.

3. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant to 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 the resolution of consumer disputes on-line).

4. The seller is authorized to sell goods on the basis of a trade license. Trade license control is carried out within the scope of its competence by the relevant trade license office. The Czech Trade Inspection Authority carries out, among other things, supervision over compliance with Act No. 634/1992 Coll., on consumer protection.

X. Final provisions

1. All agreements between the seller and the buyer are subject to the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.

2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.

3. All rights to the seller's website, in particular copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or part of it without the seller's consent.

4. The seller is not liable for errors arising as a result of third party interference with the website or as a result of its use contrary to its intended purpose. When using the website, the Buyer may not use procedures that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the website without authorization and to use the website or its parts or software in a manner that would be contrary to their designation or purpose.

5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

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

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

These terms and conditions come into effect on 21.1.2025