Terms and Conditions

This Terms and Conditions page explains about the rules and guidelines for using this website and services.

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")

E-mail:
Telephone:
ID: 22495061 - Municipal Office of Louny, file reference: MULN/960/2025/OŽÚ
Not registered for 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. The Seller is not a VAT payer. Delivery costs, if applicable, are stated separately before the Buyer submits the order. 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. This information can be found on the Shipping and Payment page. This information applies to deliveries within the Czech Republic and to other EU Member States to which the Seller ships goods.

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.

7. Cultivars of the genus Dionaea muscipula are living biological material whose appearance may vary depending on the genetic stability of the specific cultivar, the age of the plant, the season, growing conditions, and other biological factors. Some cultivars are not fully phenotypically stable, and the characteristics described at the time of their registration or commonly cited in the scientific literature may not be consistently expressed or present in all individuals. This fact alone does not constitute a defect in the goods. If the Seller is aware that a specific plant being offered does not exhibit all the typical characteristics of the given cultivar at the time of sale, this fact is reflected in the price or noted in the product description.

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 and delivery. The Buyer may pay by bank transfer or via PayPal. More information can be found on the 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 Buyer is obliged to provide all mandatory information necessary for the proper processing and delivery of the order and to familiarize themselves with these Terms and Conditions before submitting the order.

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 PayPal 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 agreed costs associated with packaging and 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 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

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

7. 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.

8. 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.

9. When accepting the goods from the carrier, the Buyer should check the condition of the shipment and, if any damage is apparent, document the damage and notify the carrier and the Seller without undue delay.

10. The Seller provides the Buyer with an invoice or other proof of purchase and, where required by applicable plant health legislation, the applicable EU Plant Passport accompanying the plants. Both documents are sent to the buyer within the order.

11. Ownership of the goods passes to the Buyer upon delivery of the goods and payment of the full purchase price. 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.

12. For safety reasons, the plants are sent bare-rooted, i.e. unplanted, and packaged in a way that ensures they can safely withstand transport. The exception is the starter kit for beginners, which may include plants already potted. In the case of personal collection, the plants are delivered planted in a pot.

13. The delivery time is determined by the shipping schedule stated on the website and by the delivery date agreed with the Buyer. If no specific delivery period has been agreed, the Seller shall deliver the goods without undue delay and no later than within 30 days from conclusion of the purchase contract, unless otherwise provided by applicable law or agreed with the Buyer.

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 withdrawal 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. The right to withdraw from the contract does not apply in cases expressly excluded by applicable law, including the supply of goods that are subject to rapid deterioration or have a short shelf life, and in other cases specified by Section 1837 of the Civil Code.

4. In particular, the Buyer may not withdraw from the purchase contract in cases where the right of withdrawal is excluded by applicable law, including:

the supply of goods made to the Buyer's specifications or clearly personalized;
the supply of goods that are subject to rapid deterioration or have a short shelf life;
the supply of goods that have been irretrievably mixed with other goods after delivery;
the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene once the seal has been removed;
the supply of digital content not supplied on a tangible medium, where the statutory conditions for exclusion of the right of withdrawal have been met;
other cases specified in Section 1837 of the Civil Code.

5. To comply with the withdrawal period, the Buyer must send a declaration of withdrawal to the Seller before the expiry of the withdrawal period. The Buyer is not required to state a reason for withdrawal.

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 address or delivery address specified in these Terms and Conditions. The Seller shall confirm receipt of the withdrawal to the Buyer without undue delay.

7. The Buyer who has withdrawn from the contract shall return the goods to the Seller without undue delay and no later than 14 days after withdrawal from the contract. The Buyer bears the direct costs of returning the goods to the Seller.

8. If the Buyer withdraws from the contract, the Seller shall refund all payments received from the Buyer, including the cost of the initial delivery of the goods, without undue delay and no later than 14 days after withdrawal from the contract. The Seller shall use the same payment method that was used for the original transaction, unless the Buyer agrees to another method.

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 refund the received funds before the returned goods have been received or the Buyer has provided proof that the goods have been sent back, whichever occurs first.

11. If delivery has to be repeated or carried out in a different manner for reasons attributable to the Buyer, the Buyer may be required to bear the reasonable additional costs associated with such repeated or alternative delivery.

12. The Buyer shall handle and return the goods only to the extent necessary to determine their nature, characteristics and functionality. If the value of the goods has been reduced as a result of handling beyond what is necessary for this purpose, the Seller is entitled to compensation for the resulting reduction in value to the extent permitted by applicable law.

13. The Seller may cancel an order before the purchase contract is concluded if the ordered goods are no longer available or if the order cannot be fulfilled for a serious reason. The Seller shall inform the Buyer without undue delay and, if the Buyer has already made a payment, shall refund the amount received.

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 may exercise rights arising from defective performance in accordance with applicable law. For consumer purchases, the Seller is responsible for defects that exist upon delivery or arise within the statutory period, subject to the conditions and limitations provided by applicable law. In the case of live plants, the Seller is not responsible for changes in the condition of the plants caused after delivery by improper care, unsuitable environmental conditions, transport arranged by the Buyer, climatic conditions or other circumstances attributable to the Buyer.

3. Natural biological variability or changes in the appearance of a live plant resulting from its age, season, growing conditions or other biological factors shall not in themselves constitute a defect, provided that the plant corresponded to the agreed description and characteristics at the time of delivery.

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 exercise the rights provided by applicable law, including the right to have the defect remedied, to a reasonable reduction of the purchase price, to replacement where legally applicable, or to withdraw from the contract where the statutory conditions for withdrawal are met. The specific remedy available depends on the nature and seriousness of the defect and is determined in accordance with applicable law.

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

7. The Buyer may exercise rights arising from defective performance at the Seller's registered office or by another means agreed with or designated by the Seller, including by email where appropriate. The Seller is obliged to issue the Buyer with a written confirmation of when the right was exercised, 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.

8. 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.

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

10. 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.

11. In the event of a justified complaint, the Buyer is entitled to reimbursement of reasonably incurred costs associated with exercising the rights from defective performance, to the extent provided by applicable law.

12. 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 processing of personal data for commercial communications is governed by the Seller's Privacy Policy.

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.

3. 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 purchase contract, including the Terms and Conditions applicable at the time of its conclusion, is archived by the Seller in electronic form. The archived contract is not publicly accessible.

6. The amended Terms and Conditions shall not affect rights and obligations arising during the period of validity of the previous version.

These terms and conditions come into effect on 21.1.2025

These terms and conditions was last updated on 12.8.2026