Business Terms & Conditions
Valid from 01.15 2021
In accordance with the provisions of § 1751 prg 1 Civil Code, these Business Terms and Conditions are setting the mutual rights and obligations arised or based on a purchase contract concluded between the Seller and the Buyer through the Seller’s online store. The online store is operated by the Seller on a website www.cbdyou.com, operated by HAPPY LYFE THERAPEUTICS s.r.o. The conditions are further specifying the rights and obligations of the Seller and the Buyer. These Business Terms & Conditions (further as the “Business”) were set in accordance with the provisions of Act No. 89/2012 Sb., The Civil Code, as amended (further referred to as the “Civil Code”) and Act No. 634/1992 Sb., about the Buyer protection as amended (further referred to as the “Act”) and other effective legal regulations.
The Buyer is a consumer or a businessman.
Buying consumer, or just Buyer, is aperson who, unlike the Seller, when concluding and fulfilling the contract does not act in the course of his business nor in the independent exercise of his profession.
A Buyer who is not a consumer is a businessman. Any person who concludes contracts related to his / her own business, production or similar activity or in the independent exercise of his / her profession or a person acting on the businessman’s behalf is considered a businessman.
An offer is a legal act aimed to conclude a contract considering it contains the essential elements of the contract so that the contract may be concluded by its simple and unconditional acceptance, and if it implies the applicant’s intention to be bound by the contract once the offer is accepted.
It is so understood that a proposal to supply goods or services at a set price made in the course of a business activity by advertising, cataloging or displaying goods is considered an offer with an exception of a stock shortage or a sudden incapacity of a businessman to do so.
Name: HAPPY LYFE THERAPEUTICS s.r.o.
Located: Horákov 139, 664 04 Mokrá-Horákov
IČ: 087 025 551
Registered: at the Regional Court in Brno, section C, insert 116194
Phone number : +420 777 121 996
Email address: firstname.lastname@example.org
The information on the items and price provided by the Seller are binding with an exception of an obvious error. Prices are presented inclusive of all taxes (eg VAT) and fees, except for the delivery costs.
A Buyer may cover the price of the items and any other costs associated with the delivery as stated by the contract in following ways :
(a) cash on delivery at the location specified by the Buyer in the order;
b) cash at the Seller’s shop;
(c) by transfer to the Seller’s account, account number 420420159/5500, at
d) online payment by card;
Order and conclusion of the purchase contract
The costs occurred to the Buyer when using means of distance communication in relation with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be covered by the Buyer himself.
The Buyer orders the goods in the following ways:
• through his / her customer account if he / she has previously registered in the online store,
• filling in the order form without registration.
When placing an order, the Buyer selects the items, the number of items, the payment method and delivery.
Before sending the order, the Buyer is allowed to check and change the data entered in the order. The Buyer sends the order to the Seller by clicking the ORDER button; the data listed in the order are thus deemed correct by the Seller.
A valid order needs to have filled all required information in the form and to confirm the Buyer that he / she has become acquainted with these terms and conditions.
Immediately after receiving the order, an automatic confirmation of receiving the order is sent to the Buyer on the email address provided. This confirmation is not considered a concluded contract. Attached are the current business conditions defined by the Seller. The purchase contract shall be concluded only once the order is received by the Seller. The order confirmation is delivered to the Buyer’s email address. Immediately after receiving the order, a confirmation of the placement of the order is being sent to the email address provided by the Buyer.
This confirmation shall be deemed to be the conclusion of the contract. Attached to the confirmation are the current business conditions of the Seller. The purchase contract is concluded by the Seller confirming the order to the Buyer’s email address.
Should it occur that any of the requirements specified in the order cannot be met by the Seller, an updated version of the order will be sent to the Buyer’s email address. Such modified offer shall be considered a new draft of the purchase contract and the purchase contract is in such case concluded by the Buyer confirming the acceptance of this offer to the Seller’s email address specified in these terms and conditions.
All orders received by the Seller are binding. The Buyer may cancel the order before receiving a confirmation of an order being received by the Seller. The Buyer may cancel the order by telephone to the Seller’s telephone number or by email specified in these Terms and Conditions.
Should there be an obvious technical error on the side of the Seller while stating the price of item in the online store or during the ordering process, the Seller is not obliged to deliver the item to the Buyer for this obviously erroneous price, even if the Buyer has received an automatic order confirmation under these terms and conditions. The Seller shall inform the Buyer of the error without further delay and shall send the Buyer a modified offer to the Buyer’s email address.
The updated offer shall be considered to be a new draft of the purchase contract and the purchase contract is in this case concluded by the Buyer confirming he has received the new version to the Seller’s email address.
Based on the Act No. 112/2016 Sb., on the sales evidence, as amended (further referred to as the “Sales Evidence Act”), the Seller is obliged to issue a receipt to the Buyer. He is also obliged to register the sales received at the online tax administrator; no later than in 48 hours should there occur some technical issue.
The Seller shall issue the receipts in the physical or electronic form in accordance with Sales Evidence Act sent by e-mail or paper depending on the selected payment and delivery method.
The Buyer may access his customer account following his online registration. The Buyer may place orders from his customer account. The Buyer may also order items without registration.
The Buyer is obliged to provide correct and truthful information when registering in the customer account and placing orders. The Buyer is obliged to update the data entered in the user account upon any change. The data provided by the Buyer in the customer account and when placing orders are deemed correct by the Seller.
Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller shall not be responsible for possible abuse of the customer account by third parties.
The Buyer shall not allow the third parties to use the customer account.
The Seller may cancel the customer‘s account, especially if the Buyer no longer uses his account, or if the Buyer breaches his obligations under the purchase contract and the terms and conditions.
The Buyer acknowledges that the customer account may not be available at all times, especially in regards to the necessary maintenance of the hardware and software equipment of the Seller or necessary maintenance of hardware and software of the third party.
Right to withdraw from a contract
Based on the § 1829 prg 1 Civil Code, if the purchase contract is concluded by means of distance communication (in the online store), the Buyer has the right to withdraw from the contract within 14 days of receiving the item without providing a reason.
Withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous paragraph, and the Buyer shall state that he withdraws from the contract while ideally specifying the order number, date of purchase and possibly the account number for a refund.
In order to withdraw from the purchase contract, the Buyer may also use the sample form provided by the Seller.
The contract withdrawal may be sent to the Seller’s registered office address or to the Seller’s e-mail address.
Considering the Buyer withdraws from the contract as described in the paragraphs above, the Seller shall return the funds received from the Buyer (except for the amount representing the additional cost of delivery resulting from the Buyer’s chosen method of delivery other than the cheapest standard delivery method offered by the Seller) within 14 days from the withdrawal by the Buyer, by the same way the Seller has received the payment from the Buyer, unless the Buyer specifies otherwise. The Seller is also entitled to return the costs covered by the Buyer already when the item is being returned by the Buyer or by other means, if the Buyer so agrees and it does not cause any additional costs to Buyer.
Once the Buyer withdrew from the purchase contract, the Seller shall not be obliged to return the funds received to the Buyer before the Buyer returns the items or proves that the items have been sent to the Seller.
However, the provision of the Civil Code on withdrawal from the contract within 14 days pursuant § 1829 (1) prg. of the Civil Code cannot be understood as the possibility of a free loan of items.
In the case of exercising the right of withdrawal within 14 days of receiving the item pursuant 1829 (1) prg. of the Civil Code, the Buyer shall give the Seller everything he has obtained under the contract in question, including gifts, within 14 days. If this is no longer possible (eg in the meantime the items have been destroyed or consumed), the Buyer shall provide a monetary compensation in return for what can no longer be issued.
If the returned goods are partially damaged, the Seller may claim the Buyer’s right to compensation and include his claim in the refunded purchase price and thus refund the Buyer the reduced purchase price according to § 1833 CC.
The Buyer shall not have the right to withdraw from the contract in the cases specified in § 1837 of the Civil Code.
The Seller is entitled to withdraw from the purchase contract due to the stock sellout, unavailability of the items or if the manufacturer, importer or supplier of the items has ceased the production or import of the items. The Seller shall promptly inform the Buyer via email address specified in the order and shall refund all charges received by the Buyer including delivery costs within 14 days of notifying about the contract withdrawal in the same way or in other way specified by the Buyer.
Rights and obligations from defective performance
Quality at takeover
If the items received are defective at the time the buyer took over the item (eg it does not have the agreed or legitimately expected characteristics, does not fit the usual or agreed purpose, is incomplete, the quantity, measure, weight, or quality does not correspond to other legal, contractual or pre-contractual parameters), these are the defects of items for which shall the Seller be held responsible.
The Buyer may claim from the Seller a free of charge removal of the defect or a reasonable discount on the price in no later than two years from receiving the item; if it is not disproportionate to the nature of the defect (especially if the defect cannot be removed without unnecessary delay), the Buyer can demand to have a new item delivered or its component free of defect, if the defect applies only to this particular part.
If the repair or exchange of the item is not possible, the Buyer may demand a full refund of the purchase price as based on the withdrawal from the contract.
If the defect becomes apparent within six months upon receipt by the Buyer, it is deemed that the item has been already defective by the time of receipt.
The Seller shall not be obliged to comply with the Buyer’s claim if he proves that the Buyer was aware about the defect before accepting the item or that he has caused the defect himself.
In the case of second-hand items the Seller shall not be responsible for the defects corresponding to the extent of previous use or wear. For the items sold at a lower price, the Seller shall not be responsible for the defect for which the lower price was agreed. Instead of the right to exchange the item, the buyer has then the right for a reasonable discount.
Legal rights from defects
The Buyer is entitled to claim the right from the defect that occurs with the consumer goods within twenty-four months of receipt.
The Buyer is entitled to claim the right from the defect that the item had when passing the risk of damage on to the Buyer, even if it becomes apparent later. The right of the Buyer shall be also established by the defect later caused by the Seller breaching his obligation.
The Buyer is obliged to report the defect to the Seller without delay once he has been able to identify it with timely inspection and sufficient care.
Within this period, the Buyer is entitled to claim a return and by his choice to claim that the defect which constitutes a substantial breach of contract (regardless of whether the defect is removable or irremovable) shall be:
– removed by delivering a new item without defect or by delivering the missing
– removed of the defect by repair free of charge;
– discounted reasonably from the purchase price,
– fully refunded based on the withdrawal from a contract
A significant breach of contract shall be considered the one that the breaching
party already knew about or must have known at the time of the contract
conclusion if the other party had not foreseen the breach.
For a defect that constitutes a minor breach of contract (regardless of whether the defect is removable or non-removable) is the Buyer entitled to claim a defect removal or a reasonable discount on the purchase price.
If the removable defect occurred repeatedly after repair (third complaint for the same defect or the fourth for a different defect) or if the items have a number of defects (at least three defects at the same time), the Buyer may claim a discount from the purchase price or to withdraw from a contract.
The seller shall be not responsible for defects caused by regular use and wear or failure to observe the instructions of use.
(detailed information may be stated in the Complaints Procedure section) Once the defect is found, the Buyer is obliged to file a complaint with the Seller or with the person responsible for the repair without undue delay. If he / she does so in writing or electronically, he / she should provide his / her contact details, a description of the defect and a request on how the complaint should be handled.
The Buyer is obliged to inform the Seller which right (method of handling the complaint) has he chosen while reporting the defect or not too long after the defect has been reported.
A change of choice without the Seller’s consent shall be possible only if the Buyer asked for repair of the defect, which further proves to be irremovable.
Shall the Buyer not claim his right from a substantial breach of a contract in due time, he has the rights as in a minor breach of contract.
If the Seller refuses to remove the defect, the Buyer may request a reasonable discount from the price or to withdraw from the contract.
The warranty period is extended by the time from the complaint settlement or until the time the Buyer was obliged to collect the item.
The Seller bounds himself to inform the Buyer about the complaint settlement by e-mail or SMS.
The Buyer is entitled to a reimbursement of reasonably incurred costs in the case of a justified complaint.
Protection of personal data
When using our services we collect various types of information, such as your username and password, your contacts, and other settings. We keep track of what products you are viewing on our site and from which device as well as what types of our email offers you are interested in. From that we are gaining other additional information about you so we can show you tailor-made offers and improve our site in the future. When purchasing an item or creating an account with us, we also work with your first and last name, your orders, and the information you set up in your account.
– We process the following personal data:
– identification data, which means, in particular, the name and surname, user name and password, or ID number if you are paying in instalments, ID number and VAT number if you are a business person.
– contact information, which means personal information that enables us to
contact you, in particular your e-mail address, telephone number, delivery address, billing address and your social networks contact
– your settings, which include information in your account, in particular your saved addresses and profiles, newsletter settings, loyalty program memberships, shopping lists (the so called watchdogs), your product and service ratings, and completed questionnaires;
– information on your orders, in particular details of the items and services
ordered, delivery and payment method, including payment account number and
– Information on your behaviour on the web, including when you access through
our mobile app, especially the items and services you display, the links you click, the way you navigate through our site, and how you scroll the screen , the information on the device from which you access our website, such as IP address and location, device identification, its technical parameters such as operating system and version, screen resolution, browser used and its version, as well as data obtained from cookies and similar device identification technologies;
– Information on your reading behaviour from the emails that we send you,
especially the times of reading these messages as well as the device you are reading the messages on, such as the IP address and its location, device identification, technical parameters such as operating system and version, screen resolution, browser used and its versions;
– related information, meaning personal information derived from your settings,
information about the items and services you bought from us, your behavior on
the web, and your reading behavior of the emails we send you; notably your
gender, age, financial situation, purchasing behavior and relation to the different items and services;
– data related to the use of the call center or the store visit particularly the call records with the call center, identification of the messages sent to us, incl. identifiers, such as IP addresses, and recordings from the camera systems in the stores.
The Seller fulfills its duty to inform the Buyer through a special document in the sense of Article 13 of Regulation 2016/679 of the European Parliament and the Council on the protection of individuals with regards to processing the personal data and on the free circulation of such data and on the annulment of the directive 95/46 / EC (General Data Protection Regulation) (further referred to as the “GDPR Regulation”) related to the processing of Buyer’s personal data for the purpose of fulfillment of the Purchase Contract and for the fulfillment of Seller’s public legal obligations.
Mutual disputes between the Seller and the Buyer are settled by the general courts.
Based on the Buyer Protection Act No. 634/1992 Sb., as amended, the Buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute
following the Purchase Contract or a contract on service providing. The Czech Trade Inspection is an entitled entity to carry out out-of-court dispute resolution .
More information is available at www.coi.cz.
The out-of-court settlement of a consumer dispute shall be initiated solely on the Buyer’s proposal and only if fit has not been managed to settle the dispute directly with the Seller. The proposal may be filed no later than 1 year from the day the Buyer has first claimed his right that is the subject of the dispute.
The Buyer has the right to initiate an out-of-court dispute settlement online through the ODR platform available at ec.europa.eu/consumers/odr/.
This procedure shall not be considered a mediation following the Act No. 202/2012 Sb., On Mediation, as amended, nor the arbitration under Act No. 216/1994 Sb., On Arbitration and the Enforcement of Arbitration Awards, as amended, and its use shall be without prejudice to the right of the parties to turn their claim to the Czech Trade Inspection or the court.
For the duration of the out-of-court settlement proceedings, the limitation period or the preclusion under the Civil Code shall not run or start to run until one of the dispute parties explicitly refuses to carry on in the settlement.
All arrangements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. Shall the relation established by the purchase contract contain an international element, then the parties agree that this relation is
governed by the law of the Czech Republic. This is without prejudice to the Buyer‘s rights under generally binding legal regulations.
In regards to the Buyer, the Seller shall be not bound by any codes of conduct within the meaning of § 1826 prg. 1, letter e) of the Civil Code.
All rights to the Seller’s website, especially copyright to the content, including page layout, photos, movies, graphics, trademarks, logos, and other content and elements, shall belong to the Seller. It is forbidden to copy, modify or otherwise use the website or its part without the consent of the Seller.
The Seller shall not be responsible for the errors resulting from interference of third parties on the online store or caused by its use contrary to its purpose. When using the online store, the Buyer shall not use procedures that may harm its operation and he shall not engage in any activity that may allow him or the third parties to misuse the software or other parts of the online store or to use it in such manner that may conflict with its purpose.
The Buyer hereby assumes the risk of changing circumstances based on the
Section 1765 prg. 2 of the Civil Code.
The purchase contract, including the Business Conditions, shall be archived by the Seller in an electronic form and shall be not accessible.
The Seller may change or ad to the text of the Business Conditions. This provision shall be without prejudice to rights and obligations arising during the effective period of the previous version of the Business Conditions.
These Business Conditions shall come into force on the effective date 01.15.2021