General sales conditions
These general sales conditions (hereinafter referred to as ´GSC´) govern in accordance with Czech legislation, reciprocal rights and obligations of parties arising in relation to or under the sales contract (or other contracts) concluded between the seller and another entity - physical or legal person, through the online store of the seller on ´www.carnivoria.eu´ (hereinafter referred to as ´page´) .
The ´GSC´ are applied to all agreements, deliveries and quotes entered into with physical entity David Svarc, Leskovec 7, 749 01 Brezova, Czech Republic ID: 74716921, Tax ID (VAT): CZ7108065415. During the ordering process via the page you will be informed of these ´GSC´, you are bound by these ´GSC´ only from the moment you accept these during the ordering process. The applicable version of the ´GSC´ is always the version which was valid at the time the agreement was made, unless you have accepted revised ´GSC´ after the agreement was made.
Provisions diverging from ´GSC´ can be agreed upon or supplement the sales contract. Arrangements in the sales contract shall prevail over the ´GSC´.
David Svarc (hereinafter referred to as 'seller') sells mainly plants, plant material, seeds, growing needs and photographs (hereinafter referred to as 'goods'), mainly through mail order (hereinafter referred to as 'sale of goods').
The sales contract is a contract between the seller and the buyer concluded under these GSC´. Proposal to conclude a sales contract is proven by the buyer sending a binding order with all required formalities or other demonstrable act whose content or form is undoubtedly considered negotiations to conclude a sales contract with the seller.
By sending a binding order the buyer expresses agreement with the acceptance of all the provisions 'GSC', and sending this also confirms that he is acquainted with the full text of these 'GSC' that means all its provisions with them fully agree are acceptable to him and binding. It is the sole prerogative of the buyer is adequately before placing the order to get acquainted with 'GSC'.
Information about goods, order and purchase
All the presentation of the goods placed in the page is informative and seller is not obliged, due to the considerable specificity goods to conclude a sales contract regarding this product (such as living organisms can goods, particularly live plants presented on the page, show during the preparation plant for the client defects - damage, rots, pathogens or parasites attack, etc., that may not be in a routine check by the seller detectable and can detect only when the detail view or checking a particular plant or for exampleif the plant is taken out from the substrate). In those cases can not be part of the seller to meet the requirements on quality and not the failure of goods and these reasons can not conclude a sales contract by the seller. This item also not receive export permits and phytosanitary permits for exports outside the EU. The fact that the buyer is informed.
The page contains information about products, including the prices of individual goods (all prices are in euro - €). This page does not contain information on costs for postage, shipping, information on the costs associated with packaging, the costs for returning goods - these parameters are determined individually and are calculated after approval by the buyer (according to the final destination, mode of transport, payment method, the specific requirements of the client, etc.). Product prices are including of VAT and all related charges.
Orders must always include requested information below or other necessary identification and tax information (the order can not be settled without below mentioned data.):
Name of person or company (companies please fill VAT, NIP or other identification data)
Address (delivery address)
Email address or phone number
Ordered items and number of items
Metod of payment (pay pal, number of your bank account etc.)
Other specifications (special date of shippment, required phytosanitary certificate etc.)
Buyer shall be communicated to recapitulation of the order, especially the type and quantity of goods, shipping address and the final price, including the cost of delivery (depending on the chosen method of delivery) and any charges related to the payment method, specific requirements for the transport or delivery of goods, etc. Within recapitulation the buyer has the opportunity to correct, clarify or amend the information provided. The data referred to in the binding order the buyer by the seller are considered absolutely correct and undoubtedly valid.
Confirmation of the binding order is realized by the seller in the shortest possible time of its receipt, no later than 14 days from receipt of the order. The automatic reply sent through the page is informative only.
Special agreements or not specified in sales contract can be negotiated in the sales contract with the consent of both parties. These special agreements are an unquestionable part of the sales contract and have stronger legal status than the provisions of the 'GSC'.
The proposal to conclude a sales contract is sending a binding order with all required formalities or other demonstrable act whose content or form is undoubtedly considered negotiations to conclude the sales contract.
A complete presentation of the goods placed on the site is informative (see 2. 1.). Live plants, presented on page, can show during the preparation for the client flaws - previously undetectable signs of infection, rot pathogens, attack of other pathogens or parasites etc., that may not be in a routine check by the seller detectable and can detect only when the detail view or exploring the plants, or eg. when checking a magnifier or pick up plants from substrate). This provision reflects eg. the possibility of buyers booked their goods for some time, with the consent of the seller(goods are therefore still available on the page - for example to inform buyers about the potential range of offered portfolio of goods also, although at this moment the interest of other buyers may be all items booked by other buyers). In the booking period, where one buyer only filed a proposal to conclude a sales contract and the goods have not been paid yet, the goods are always presented on the site as available. The goods is labeled as available but may not be in stock actually available for the other buyer already - plants can be reserved until the agreed date when the seller respects this deadline. Upon expiration of this deadline items may be available for other buyers.
In those cases can not be part of the seller to fulfill all the provisions of the quality and availability of goods and these reasons can not conclude a sales contract by the seller. The buyer is informed about this fact.The seller and the buyer can agree on alternative solutions - plants, seeds, others.
Live plants are material changing over the course of the year. Depending on the species, variations in vegetation vary between seasons, which must be taken into account when buying and growing. Photographs presented on the page, unless otherwise indicated, show plants in ideal condition at the peak of their growing season.
Conclusion ofthe sales contract
The sales contract is a contract between the seller and the buyer concluded underthe Civil Code law and these ´GSC´. Proposal to conclude a sales contract is proven by the buyer sending a binding order with all required formalities or other demonstrable act whose content or form is undoubtedly considered negotiations to conclude a sales contract with the seller.
'Sales contract' represents a purchase agreement under § 2079 et seq. the Civil Code law no. 89/2012 Coll., Civil Code, as amended, concluded between the seller and the buyer through the page.
If a binding order with all required formalities was sent (sending a binding order is considered to be proposal to conclude a sales contract andthis also means ´GSC´ were accepted as is stated on the page); and the receipt, validity and completeness of a binding order were confirmed by the seller, the sales contract - contract between the seller and the buyer - is established.
The sales contract shall arise in the moment when the seller confirms the receipt, validity and completeness of a binding order from the buyer. At this moment the contract becomes valid and it can cancel or withdraw from the only valid legal acts. Cancel the sales contract can only be legally through defined reasons. If the buyer cancel the contract by mutual agreement, seller can negotiate contractual penalties.
Receipt, validity and completeness of a binding order from the buyer seller confirms in the shortest possible time, but not later than 14 days after registration (receiving by seller)of a binding order.
Buyer will receive recapitulation of binding orders, including pricing and the resulting total sum, determination method and date of payment and delivery and other necessary formalities.
The buyer understands that the seller is not obliged to conclude with the buyer sales contract for all products listed on the website of the seller, ie. the exposure of goods on the website of the seller is not part of the seller binding offer to conclude a sales contract pursuant to § 1732 of the Civil Code. This provision takes into account the possibility of buying their goods for some time, with the consent of the seller book goods (goods are therefore still available on the website - eg. also to inform buyers about the potential breadth of offered portfolio goods, although at the moment the interest of other buyers may be all pieces booked by other buyers). For bookings for goods seller provides the buyer timeout. Time-bounded reservation goods gives the buyer only proposal sales contract - with the consent of the seller reserves did not therefore have to conclude a sales contract. This proposal may not be still in the ordering of the goods to other buyers first buyer to the seller confirmed and in this case it was not yet sales contract, so it may happen that the goods listed on the website of the seller can (still no contract of sale or to pay for goods buyer - there was only a limited reservation), but also may not be available (the buyer has taken steps to conclude a sales contract for a limited period reserve, purchase agreement entered into force and goods has therefore not available even if it is presented on page).
Withdrawal from the sales contract
In accordance with the provisions of the Civil Code, the buyer is entitled to withdraw from the sales contract within 14 days of receipt of the goods. This period runs from the date of receipt of the goods and this time limit applies to goods of "inanimate" kind. For a very specific character of the goods, these ´GSC´ specify the withdrawal period from the sales contract as follows: the buyer is entitled to withdraw from the sales contract within 7 days of receipt of the goods.
The Buyer notes that, according to the provisions of § 1837 et seq. the Civil Code law no. 89/2012 Coll., Civil Code, as amended, it is not possible, inter alia, to withdraw from the sales contract for the supply of goods which has been adjusted according to the buyer's wish or for him, from the sales contract for the delivery of goods that is perishable and goods which have been irreversibly mixed with other goods after delivery.
In the case of live plants it is necessary to return the goods in a way that ensures the dispatch of goods within 24 hours of withdrawal from the sales contract to the following address: David Svarc, Leskovec 7, 747 44 Brezova, Czech Republic, Europe. Costs and fees associated with shipping and transportation are covered by the buyer.
Carnivorous and exotic plants offered on the website are very specific type of goods, as well as their use - thus cultivation, cultivation (including conditions for their successful cultivation). Withdrawal from the contract and can not be applied in cases where the plant unfortunately died or been damaged as a result of incomplete treatment, such as inadequate or poor growing conditions, inadequate acclimatization of plants in the conditions of the buyer, insufficient or requirements plants inadequate watering, excess fertilization , improper shaping, damage to the elements or substances harmful character etc. Each case is therefore to be considered individually, a specific case. Withdrawal from the contract does not apply if the damage or death of the plants caused by an improper use or care contrary to the universally known and successful cultivation of the necessary conditions and rules, ie the cultivation or other improper conduct of the buyer. For these cases, the buyer is obliged to deliver the necessary documentation - in particular the quality, current photo and description of conditions and culture.
The issue of withdrawal from the sales contract can be resolved individually also, always by mutual agreement of both parties.
The goods will be sent to the buyer after payment of the full purchase price including the cost of delivering the goods. The purchase price is payable in advance or at the time of receipt of goods. In the case of non-cash payments to the seller's account the purchase price is due within 14 days from the purchase contract (including that day).
The goods will be sent to the buyer usually within 14 days after payment of order, at the latest within 30 days. For shipments those containing CITES or phytosanitary certificate, are valid different deadlines.
The buyer can pay the purchase price below shall ways:
a) bank transfer at Komercni banka a.s., Hrncirska 266/2, 746 01, Opava, account number:, Bank Code: , the account owner: David Švarc. For international payments are payments remitted to the account: IBAN: CZ6901000001154651030287, BIC (SWIFT): KOMBCZPPXXX.
b) transfer via pay pal address (account) 'firstname.lastname@example.org'
c) cash on receipt of goods from the carrier or delivery service
d) individually agreed manner (eg. western union, paysafecard, etc.).
The seller is a payer of value added tax, ID: 74716921, Tax ID (VAT): CZ7108065415.
Deadlines, sending methods, control of the consignment, deadlines for CITES or phytosanitary certificate
The goods will be sent to the buyer usually within 14 days after payment of order, at the latest within 30 days (these deadlines are also for cases when we can be at plants exhibitions, unwell or on vacation etc.). For shipments those containing CITES or phytosanitary certificate, are valid different deadlines. (Supplies of the ordered goods are according to the operational possibilities the seller realized in the shortest possible time, within 14 working days of the purchase contract, respectively the date of payment of the purchase price, whichever is the later date. This period does not count the days to their climatic conditions do not allow any type of goods to send - especially the fall and winter months or in the hottest summer days. In exceptional cases, it may be in agreement with the buyer, delivery time can be longer.)
Deadlines for shipments those containing CITES or phytosanitary certificate:
a) the seller has to prepare documents for export plants (CITES, Phytosanitary certificate, others what are required) - it takes 1 - 2 days
b) the seller has to send documents to ministry of environment possibly to other institutions (delivery time 1 - 2 days)
c) the state administration institutions issue CITES permission within 30 days, phytosanitary certificate from 5 to 10 days
d) the seller receive CITES permission to 3 days from the issue of permition and he has to prepare all for issuing of phytosanitary certification
d) if the seller has all permissions, he has to go to customs and he must prepare and participate in customs procedures (it costs 22 eur and takes 1 - 2 days). After all these procedures the seller can send plants to customer (This is official way for exports of plants by law of European Union and our country. If sellers use different methods, it is illegal and the seller can have a big difficulties and penalties.)
Ways of sending consignments - to our clients we use these shipping methods of consignments:
a) recommended consignment
b) business parcel with declared value
c) insured parcel with declared value
d) the most quick - EMS consignment (without or with declared value)
The shipping costs are determined idividually depending on shipping method, size, weight and delivery destination.
Concrete requirements are different for clients from different countries, all we handle individually (postage, fees etc.).
Shipments are sent by Czech Post state-owned enterpriseas shipment traceable via mail system (we are able to send complete tracking information within 5 days to customer).
In the event that the mode of transport is negotiated based on the special request of the buyer borne by the buyer risks and any additional costs associated with this mode of transport.
In the event that the reasons for the buyer must deliver the goods repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with other delivery method.
When receiving goods from the carrier the buyer is obliged to check the status of the consignment, goods and in case of any defects immediately notify the carrier. In case of finding violations package indicative of intrusion into the consignment may not be the buyer shipment from the shipper to take over.
Other rights and obligations of the parties in the transport of goods that can modify special delivery conditions of the seller, if the seller issued it. After posting the item we have the only incomplete information available. We have the tracking code, but so far only this code. We do not have confirmed that the shipment was sent from our country. We are able to send clients a comprehensive and valid information within 3 days after posting of consignment.
Deadlines for settlement of orders, delivery and acceptance of goods, responsibility
Supplies of the ordered goods are according to the operational possibilities the seller realized in the shortest possible time, as indicated segment IV. and paragraph 6.1. of the ´GSC´.
If the mode of transport (or other non-standard services) is agreed upon by a buyer's special request, the buyer bears all risks and possible additional costs associated with this mode of transport.
The buyer is on receipt of the goods respectively consignment from the delivery company or courier are required to check the integrity of the packaging of the goods and, in the event of any defects or damage, to immediately notify the delivery company or courier and the seller. In the event of a violation of the shipment of the consignment where it can reasonably be assumed that it is an attempt or an unauthorized tampering, the buyer does not need to take over the consignment from the delivery company or courier. It is always necessary to communicate the facts ascertained without undue delay to the delivery company or courier and the seller.
We send healthy and quality plants, as usually and how this is possible only (This is not possible to send poor quality plants - plants in bad condition can not get a phytosanitary certificate of harmless condition. Phytosanitary certificate declares perfect condition of plants, excellent health and absence of disease and parasites. The quality and health status of certified plants is unquestionable.)
We can be responsible for complications with consignments or errors that we can influence ourselves (packaging etc.) and for complications caused by the country of departure or within the European Union (where we are at this range). We can not be responsible for something beyond our control, for something beyond our real possibilities - Carnivoria is not responsible for any loss or damage during delivery.
We accept responsibility for situations that are directly related to packed plants quality, the process of preparing and dispatching the consignment. We are not responsible for situations we are not able to influence e. g. unpredictably long transport times outside the territory of European Union, death of plants due to poor conditions during transport, loss of consignment or damage of consignment or destruction of the consignment outside the territory of European Union. Customer has to take care of the import process. Our consignment contains all necessary documents for the execution of customs proceedings, we can not cover any loses happening during customs process.
We will deal with these situations individually and we've compensated for shipments even though we have fulfilled all from our side. We want to do what's best for all our clients. (This solution must be in accordance with with generally accepted the claim regulations - see further segment VIII.).
The carnivorous and exotic plants offered on the website are a very specific type of goods as well as their use - cultivation (including conditions for their successful cultivation). The complaint can not be applied in cases where the plant unfortunately died as a result of imperfect care, such as insufficient or unsatisfactory plant requirements, inadequate or poor conditions for cultivation, excess fertilization, improper shaping, damage by natural elements or harmful substances, Any plant defect therefore needs to be assessed individually, on a case-by-case basis. The claim does not apply to defects that have been proven to be improper use or care contrary to generally known and for successful cultivation by the necessary conditions and rules, ie cultivation or other misconduct of the user (buyer). Furthermore, the claim can not be claimed in case of theft, mechanical damage by buyer, third person or animals. The warranty also does not apply to goods damaged by natural elements and substances of a harmful nature.
According to our experience If the plant is exposed during transport by low temperature or frost or on the other side extremly high temperature, perishes (turns brown) completely whole in a very short time. This situation may very likely occur during the transportation. We can not be held accountable for this fact. The client must send a photo as soon as possible, the seller will be initiated complaint and the client will be paid an amount equivalent to 50% of the amount acquired in the complaint procedure. The situation will be solved individually.
The claim regulations, guarantees
Buyer's rights to defective performance are governed by applicable generally binding regulations (in particular the provisions of the Civil Code and the Consumer Protection Act).
In justified and in undoubtedly proven cases the buyer has the right to elimination of the defect by delivering new goods without defects or by delivering the missing goods or by repairing the goods or for a reasonable discount on the purchase price of the goods or the buyer has the right to withdraw from the contract. Exceeding the scope of this paragraph, the rights of the contracting parties may be resolved and enforced by the parties' agreement, if any, individually.
The seller declares that the goods dispatched have no defects (obvious, visible, etc.). To the buyer is sent to the appropriate quality goods.
The seller provides for all goods a guarantee for defects of goods, unless a different guarantee status is agreed with the buyer. Due to the nature of the goods (live plants, seeds, propagules), the claim can be claimed only within 7 days of the demonstrable receipt of the consignment. Other non-durable goods are covered by the normal warranty period as stated in the applicable law. The warranty period starts running from the date of receipt of the goods by the buyer.
The buyer is obliged to file a claim with the seller without undue delay from the discovery of the lack. The moment of claim is the moment when the defect is notified to the seller and the right of liability for defects of goods is exercised. Received complaints are processed without undue delay, but no later than within 35 days in the EU, outside the EU within 95 days of the date of claiming Czech Post (state-owned enterprise), unless the seller and the buyer agree otherwise. (The complaint process is complicated - the Czech post communicates with a foreign post office, delivery office or courier office and the speed of claim settlement is completely dependent on time, for how long time the Czech post office gets the necessary information from a foreign post office, delivery office or courier office.)
The addressee (buyer) may claim against the delivery company or courier, that the postal item has been delivered damaged or lost content or has not been delivered. The delivery company or courier will assess the complaint and give its opinion. The the delivery company or courier will pay compensation to the addressee (buyer). Its procedures are governed by international regulations, in particular those of the World Postal Union, and the relevant national regulations.
The sender (seller) may claim at the post office, delivery office or courier office that the delivery company delivered a damaged or incomplete consignment. On the basis of a claim, the Czech post, in cooperation with a foreign post office, delivery office or courier office, will determine whether and to what extent damage to or loss of postal items has taken place. The sender (seller) or addressee (buyer) may, within six months of filing with the post office or delivery company that has confirmed receipt of the postal item, claim the delivery (not delivered) of the consignment.
In the event of a disputed claim, the seller decides whether to accept or not to accept it within three working days of the date of the claim.
Warranty and claims for liability for defects do not apply to goods that have been claimed after the expiration of the specified warranty period and to the wear and tear of the goods caused by its use. The warranty and claims for defects are not attributable to defects caused by misuse, non-compliance, inappropriate maintenance or improper storage. Slight variations in the quality, size, design and color of the goods are acceptable for plants and are not considered as a claimable defect.
The complaint can be applied as follows: Informing the seller by telephone, e-mail or in writing.
We guarantee perfect packing of shipment and sending a registered (traceable) consignment.
We guarantee individual approach and maximum possible effort to solve our clients' problems.
To submit a claim, please send the following information (and photographs) to the address - David Švarc, Leskovec 7, 747 44 Březová, (in printed form) or by e-mail in pdf (jpg or other) format at 'email@example.com ' : Buyer's name and surname; buyer's address; buyer's email; number of order; describe in detail the defect (s), problems, shortcomings and give as much information as possible about how goods are handled. For an objective assessment of the complaint, photos are required in good resolution.
Protection and processing of personal data
9.1. Buyer's personal data protection is provided in accordance with the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). The English abbreviation of the General Regulation, which can be found in expert texts or calls, is the General Data Protection Regulation (GDPR).
9.2. By sending a binding order, the buyer grants the seller the authorization collect, process, store and use the data provided by the buyer.
9.3. The buyer agrees to process the personal data provided by him / her, in particular names and surnames, home address, identification number, tax identification number, electronic mail address, telephone number, for the time necessary for the execution of the order and, if applicable, also for the case of a complaint procedure.
The ´GSC´ including other legal relationships not covered here, are governed and exclusively protected by Czech law. In cases where relations between the contracting parties are not covered by this agreement, they are governed by the provisions of the Civil Code, as well as by other laws and generally binding legal regulations, as amended.
If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.13.3. The seller reserves the right to change the ´GSC´ when changing the relevant legal standards as well as changing its business policy. This change and its effectiveness the Seller shall declare at least five business days in advance by publishing on the www page.
In the moment of sending a binding order the buyer accepts all the provisions of the ´GSC´, including the price of ordered goods specified in the order confirmation, unless in a particular case clearly states otherwise.
Copyright - You may not copy, publicise or in any other way utilise the text- or picture materials, produced by or on behalf of seller, without written consent. Infringement will result in legal action.
Physical entity David Švarc is registered in the Trade Register of Vítkov Municipal Authority on 19 February 2009, the MUVI3017 / 2009 mark.
These ´GSC´ are valid from January 1, 2017.