These Terms and Conditions (hereinafter referred to as the “Terms and Conditions“) of Hempoint, s.r.o. company, ID No: 24735001, with the registered office at Brtnická 4903/108, 586 01 Jihlava, registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 88159 (hereinafter referred to as the “Seller“) define in accordance with the provisions of Section 1751(1) of Act No 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) the mutual rights and obligations of the contracting parties arising in relation to or under the Purchase Agreement (hereinafter referred to as the “Purchase Agreement“) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”“) through the Seller´s online store. The online store is run by the Seller on the www.hempoint.cz website through the web interface (hereinafter referred to as the “online store”).
The Seller is a value added tax (VAT) payer. The Seller is engaged in hemp cultivation and sale of mostly hemp-based products. The products offered in the online store are derived exclusively from the allowed varieties of industrial hemp, typical of which is the low THC content (less than 0.3%), listed in the EU common catalogue of varieties, grown in accordance with Act No 167/1998 Coll., on dependency producing substances, while meeting the notification duty of farmers cultivating hemp on the total area exceeding 100 m2.
Contact details of the Seller:
telephone: +420 608 839 078
More contacts are listed in the online store.
These Terms and Conditions do not apply to cases when the person who intends to buy goods from the Seller is a legal person or a person who, when ordering goods, acts within the scope of their business activity or their profession. Under these Terms and Conditions, the Buyer is a consumer as defined in Section 419 of the Civil Code.
The legal relations between the Seller and the Buyer not explicitly stipulated by the Terms and Conditions follow the provisions of Purchase Agreement under Section 1810 et seq. of Act No 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code“).
The provisions deviating from the Terms and Conditions can be agreed on in the Purchase Agreement. The deviating provisions included in the Purchase Agreement shall take precedence over the provisions of the Terms and Conditions.
The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and these Terms and Conditions are written and executed in the Czech and English language, and in case of any discrepancies between the language versions, the Czech version shall prevail. The wording of the Terms and Conditions can be modified and amended by the Seller. This provision shall be without prejudice to the rights and obligations arisen during the period of validity of the previous wording of the Terms and Conditions.
Based on the registration made by the Buyer in the online store, the Buyer can access his user interface. The Buyer can use the user interface to place orders of goods (hereinafter referred to as the “User Account“). Where the web interface of the online store allows so, the Buyer can place the order of goods also without any registration, directly from the online store.
When making the registration in the online store and placing the orders of goods, the Buyer is obliged to provide all the data correctly and truthfully. The Buyer is obliged to reflect any change in the data provided in the User Account and to update it. The data stated by the Buyer in the User Account and when placing orders of goods are considered correct by the Seller.
The username and the password are used to secure the access to the User Account. The Buyer is obliged to maintain confidentiality with respect to the information necessary to access his User Account. The Buyer is not entitled to allow any third party to use the User Account.
The Seller can cancel the User Account, especially when the Buyer has not used his User Account for more than one (1) year, or when the Buyer has violated his obligations arising from the Purchase Agreement (including the Terms and Conditions).
The Buyer acknowledges that the User Account may not always be accessible, namely due to necessary maintenance of hardware and software of the Seller, or necessary maintenance of hardware and software of third persons.
Information on Goods and Prices
All presentation of the goods placed in the online store or stated in the sent offer is of informative nature and the Seller is not obliged to conclude a Purchase Agreement with respect to these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
The online store contains information on goods, namely including the characteristics and prices of the respective goods, validity period of the offer or price of the goods and potential limitations concerning the supply of goods. The unit price of the goods is stated as the retail price, i.e. including the value added tax (VAT). The prices of goods including special offers are valid until further notice or while stock lasts. Any potential discounts on the purchase price of goods cannot be combined, unless agreed by the Seller and the Buyer otherwise. This provision does not limit the Seller´s ability to conclude a Purchase Agreement under specifically negotiated conditions in case of special order goods or goods not in stock – in such a case the Seller shall confirm the price and delivery time to the Buyer beforehand by phone / e-mail. The Seller is entitled to change this price in response to the current situation in the market and in dependence on the CZK/foreign currency exchange rates.
The online store (of the website (??)) contains also information on the costs associated with the packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods stated in the online store is valid only in cases when the goods is delivered within the territory of the Czech Republic. In case of delivery outside the territory of the Czech Republic, specific conditions are applicable to be negotiated between the Seller and the Buyer beforehand.
Order and Conclusion of the Purchase Agreement
The Buyer shall place an order of goods as follows:
● through his customer account provided he has already registered in the online store,
● by email sent to firstname.lastname@example.org
● by filling in the order form without registration.
To order the goods, the Buyer shall fill in the order form in the online store. The order form contains particularly the following information on:
● the ordered goods (the Buyer “adds” the ordered number of pieces of goods into the electronic shopping cart of the online store),
● the payment method of the purchase price of the goods, data on the requested method of delivery of the ordered goods, and
● the costs associated with the delivery of goods (hereinafter referred to as the ”order“).
Before sending the order, the Buyer is allowed to review and change the data entered in the order. The data entered in the order is considered correct by the Seller. The order is placed only after all the mandatory data in the order form has been filled in and the Buyer has confirmed that he had read these Terms and Conditions.
Immediately after receiving the order, the Seller will confirm its receipt to the Buyer by e-mail to the Buyer´s e-mail address entered by the Buyer in the order. This confirmation is automatic and is not considered to be the conclusion of the agreement. The Purchase Agreement is concluded only upon the acceptance of the order by the Seller. The notification of the order´s acceptance is sent to the e-mail address of the Buyer.
Where there are any requirements in the order that cannot be met by the Seller or if there are special order goods, or goods not in stock, the Seller shall send a modified offer to the e-mail address of the Buyer. The modified offer is deemed to be a new draft Purchase Agreement and in such a case the Purchase Agreement is concluded by the confirmation of the Buyer´s acceptance of this offer sent to the Seller´s e-mail address. In case the goods are out of stock, the Seller shall inform the Buyer thereof and is entitled to cancel the order of the Buyer and/or make arrangements with him regarding further steps.
All the orders accepted by the Seller are binding. The Buyer can cancel the order before the Buyer receives the notification of acceptance of the order by the Seller. The Buyer can cancel the order by phone or through an e-mail sent to the Seller´s e-mail address stated in these Terms and Conditions.
In case of an obvious technical error on the part of the Seller regarding the pricing in the online store or during the placing of the order, the Seller is not obliged to deliver the goods to the Buyer at this obviously wrong price, not even in case the Buyer has been sent an automatic confirmation of the order´s receipt under these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and send the modified offer to the Buyer´s e-mail address. The modified offer is considered to be a new draft Purchase Agreement and in such a case the Purchase Agreement is concluded by confirmation of acceptance by the Buyer sent to the Seller´s e-mail address.
Payment Conditions and Delivery of Goods
The price of goods and any costs associated with the delivery of goods under the Purchase Agreement can be paid by the Buyer in the following ways:
● cashless through a bank transfer to the bank account of the Seller No ….., with…..,
● cashless by a payment card or by a bank transfer to the account of the Seller through the payment gateway….,
Together with the purchase price the Buyer is obliged to pay to the Seller also the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods (shipping and packaging). If the total value of the purchase exceeds CZK 3,000 incl. VAT, no packaging costs and postage in the territory of the Czech Republic will be charged.
In case of a cashless payment, the Buyer is obliged to add the variable symbol of the payment when paying the purchase price of the goods. The purchase price is payable once the Purchase Agreement has been concluded, however no later than on the due date stated in the notification of the order´s acceptance, and the obligation of the Buyer to pay the purchase price is fulfilled when the respective amount is credited to the Seller´s bank account. In case of the payment through the payment gate, the Buyer shall proceed in line with the instructions of the respective provider of electronic payments.
The goods will be sent to the Buyer only upon the receipt of payment. No advance payment is requested by the Seller beforehand – the payment of the purchase price before the shipping of goods is not considered to be an advance payment. The goods are usually dispatched within five working days from the payment of the purchase price at the latest.
In accordance with Act on registration of sales, the Seller is obliged to issue a receipt to the Buyer. Also, the Seller is obliged to register the received amount online with the tax administrator, in case of a technical failure no later than within 48 hours.
The goods shall be delivered to the Buyer:
● to the address stated by the Buyer in the order, namely by the shipping service of the carrier stated in the online store of the Seller (hereinafter referred to as the “Carrier”),
● through the pick-up points to the address of the pick-up point identified by the Buyer provided the online store offers this way of delivery,
● by picking up in person in the Seller´s establishment provided this way of delivery has been agreed between the Seller and the Buyer.
The costs of delivery of goods in dependence on the shipping option and taking over the goods are stated in the Buyer´s order and in the Seller´s confirmation of the order. In case the way of transport has been agreed based on the special request of the Buyer, the Buyer bears the risk and any potential additional costs associated with this way of transport. If, under the Purchase Agreement, the Seller is obliged to deliver the goods to the place determined by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. In case the goods need to be delivered repeatedly or by another way than stated in the order due to reasons on the part of the Buyer, the Buyer shall cover the costs associated with the repeated delivery of goods, or the costs associated with another way of delivery.
The Seller shall issue a tax document to the Buyer – the invoice stating all the costs associated with the packaging and delivery of goods. The tax document is sent to the Buyer´s e-mail address. / The tax document is attached to the delivered goods.
Shipping by Shipping Service Within the Territory of the Czech Republic
The basic rate, time and conditions of transport are set in accordance with the valid pricelist and Terms and Conditions of the carrier.
Shipping by Shipping Service Within the Territory of the EU
The shipping shall follow the conditions of the carrier and legislation of the country of delivery, the responsibility for complying with the national legislation of the country of delivery and meeting the conditions of import of goods is borne by the Buyer. The Buyer is obliged to familiarize himself with the legal conditions applicable to the delivery of goods from the Czech Republic to an EU Member State and to inform the Seller in case the delivery is impossible. The Seller is not responsible for any potential fees and sanctions resulting from the failure to fulfil this obligation.
Shipping by Shipping Service to Non-EU Countries
The shipping shall follow the conditions of the carrier and legislation of the country of delivery, the responsibility for complying with the national legislation of the country of delivery and meeting the conditions of import of goods from the Czech Republic to a non-EU country is borne by the Buyer. The fees associated with the export of goods to non-EU countries (issuance of another certification or prescribed documentation) are to be paid by the Buyer to the Seller together with the purchase price. The actual amount of fees to be paid for export to the respective non-EU country is notified to the Buyer always when accepting the order. The Buyer is obliged to familiarize himself with the legal conditions governing the import of goods from the Czech Republic to a non-EU country and to inform the Seller in case the delivery is impossible. The Seller is not responsible for any potential fees and sanctions resulting from the failure to fulfil this obligation.
Immediately upon delivery of the goods, the Buyer is obliged to check the status and content of consignment based on the tax document. The Buyer is entitled to refuse to take over the consignment which is not in conformity with the Purchase Agreement, e.g. incomplete or damaged consignment. If the damaged consignment is taken over by the Buyer from the courier, the damage needs to be described in the handed over protocol of the carrier. Incomplete or damaged consignment needs to be immediately notified by an e-mail sent to email@example.com.
The Buyer acquires the ownership of goods by paying the purchase price of the goods in full, including the costs of delivery, upon taking over of the goods at the earliest. The responsibility for accidental destruction, damage or loss of goods is passed to the Buyer upon taking over of the goods or at the time when the Buyer was obliged to take over the goods, but did not do so in breach of the Purchase Agreement.
II. Withdrawal from the Purchase Agreement
The Buyer is entitled in accordance with Section 1829 (1)(a) of the Civil Code to withdraw from the Purchase Agreement within 14 days from the date of takeover of goods. If the Buyer decides to exercise this right, he shall notify the Seller of the withdrawal from the Purchase Agreement within 14 days from the date of takeover of goods at the latest.
In case of withdrawal from the Purchase Agreement, the Buyer is obliged to return the goods in full, with complete documentation, intact, clean, including the original packaging, if possible, in the same condition and value in which the goods were received. If the returned goods are incomplete or damaged, the Seller can reduce the purchase price to be returned accordingly (in accordance with Section 1833 of the Civil Code).
The money for the returned goods will be returned to the Buyer within 14 days from the day when the withdrawal from the Purchase Agreement was delivered to the Seller. The Seller, however, is not obliged to return the received money to the Buyer before the goods are handed over to him by the Buyer or before a proof is presented that the goods have already been sent to him.
When the Buyer decides to withdraw from the Purchase Agreement within the stated deadline, in order to speed up the settlement of the withdrawal the Seller recommends to deliver the goods to the Seller´s address together with the attached accompanying letter stating the actual reason for withdrawal from the Purchase Agreement, with the variable number of the purchase document and the given bank account number, or a note explaining whether the amount will be transferred through a bank transfer or used for the next purchase.
The Buyer acknowledges that if a gift is provided together with the goods, the gift agreement between the Seller and the Buyer is concluded under the condition that when the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1)(a) of the Civil Code is claimed by the consumer, the gift agreement expires and the Buyer is obliged to return, together with the returned goods, also the provided gift.
If all the conditions above governing the return of goods are met, store credit is created for the Buyer which will, upon his request, be sent to the bank account already provided by him, namely no later than within 14 days from the day when the withdrawal from the Purchase Agreement takes effect. If no bank account has been provided, within the same deadline the credit is automatically prepared to be drawn through another purchase or to be collected in cash at the Seller´s registered office upon presentation of the original credit note which is sent to the Buyer without undue delay after settling the withdrawal from the Purchase Agreement. When a credit note is issued, the Buyer can be requested to provide the number of the identity card in order to protect the ownership rights of the Buyer. By providing the number of the identity card the Buyer agrees with the personal data processing in line with these Terms and Conditions.
Furthermore, the Buyer cannot withdraw from the Purchase Agreement:
● on delivery of goods or services, the price of which depends on financial market fluctuations independent on the Seller´s will and which can occur during the time limit for the withdrawal from the Purchase Agreement,
● on delivery of perishable goods as well as goods irreversibly mixed with other goods after delivery,
● on delivery of goods in a closed package which were removed from the package and cannot be put back for hygiene reasons,
● in other cases stated in Section 1837 of the Civil Code.
The Seller is entitled to withdraw from the Purchase Agreement for the reason of running out of stock, unavailability of goods, or if manufacturing or import of the goods have been discontinued by the manufacturer, importer or supplier of goods. The Seller shall inform the Buyer immediately to the e-mail address stated in the order, and unless agreed otherwise with the Buyer the Seller shall within 14 days from the notification of the withdrawal from the Purchase Agreement return all the money including the costs of delivery received under the Purchase Agreement, namely in the same way, or in the way determined by the Buyer.
III. Rights from Defective Performance, Warranty and Complaints
The Seller guarantees the Buyer that upon receipt the goods are free from any defects. The right of the Buyer is also established by a later defect caused by the Seller as a result of violation of his obligations. The Seller particularly guarantees the Buyer that at the time of receipt of goods by the Buyer (though the defects become apparent only later)
● the goods have the characteristics agreed upon by the contracting parties and, in the absence of any agreement, the characteristics described by the Seller or manufacturer or expected by the Buyer with respect to the nature of the goods and based on the advertising made by them,
● the goods are fit for the purpose stated by the Seller or for which the goods of this kind are usually used,
● the quality and design of the goods comply with the agreed sample or model, if the quality or design has been determined in line with the agreed sample or model,
● the goods are in the appropriate quantity, measure or weight, and
● the goods comply with the requirements of legal regulations.
The scope of the Seller´s obligations arising from defective performance is at least the same as the scope of obligations arising from defective performance of the manufacturer. The Buyer is otherwise entitled to exercise the right of a defect that occurs in consumer goods within twenty-four months from the receipt.
The warranty of quality of goods, sold by the online store, follows and complies with the applicable legislation, particularly Section 2113 et seq. of the Civil Code and special legal regulations. By product quality warranty the Seller undertakes that for a certain period of time the goods will be fit for the ordinary purpose for which it is used or will maintain its usual characteristics. If the Seller is rightly notified of the defect by the Buyer, neither the period to exercise the rights from defective performance nor the warranty period runs during the time when the Buyer cannot use the defective goods.
Unless another period is stated in the warranty card, the warranty period is 24 months from the receipt of goods. If a time period for the use of the product is stated on the sold product, its packaging or in the instructions to use attached thereto under specific legal regulations, the warranty period shall expiry at the end of this period. In majority of food products, the best before date is stated. The shelf life of food products is stated by the Seller in the online store.
The warranty does not apply to the wear and tear of the product resulting from its normal use. In products sold at a discounted price, the warranty does not apply to defects due to which the discounted price has been agreed.
In dependence on the nature of the defect, the Buyer has the following rights when making a complaint:
● In case of a removable defect, the Buyer has the right to have the defect removed free of charge, in a timely and duly manner, and the Seller is obliged to remove the defect without undue delay. Unless disproportionate with respect to the nature of the defect, the Buyer can request replacement of the product, or replacement of a part of the product where the defect concerns only a part of the product. Where such procedure is impossible, the Buyer can request a proportionate price discount or can withdraw from the Purchase Agreement.
● In case of an irremovable defect making the proper use of the goods impossible, the Buyer has the right for replacement of the defective goods or withdrawal from the Purchase Agreement. The same rights belong to the Buyer in case of a removable defect which, however, due to its repeated occurrence after the repair or due to a higher number of defects make the proper use of the product impossible for the Buyer. The repeated occurrence of the defect means that the same defect preventing the proper use, which has already been removed at least twice, occurs again. A higher number of defects means that at least three defects preventing the proper use of the product occur concurrently.
● In case of other irremovable defect when and the consumer does not request the replacement of the product, the Buyer has the right for a proportionate purchase price discount or a withdrawal from the Purchase Agreement.
The method of making a claim is to be chosen by the Buyer.
The rights and obligations of the contracting parties regarding the rights from defective performance follow the provisions of 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.
The claim is always made in writing at the Seller´s registered office. When making the claim, the Buyer is obliged to present the proof of purchase, to describe the defect claimed, or how the defect manifests itself, and to choose the respective claim for the defects (replacement of the goods, providing the missing goods etc.). Unclean goods or goods otherwise fouled and not meeting the hygiene standards do not have to be accepted for complaint procedure by the Seller.
The Buyer shall issue a written confirmation of the time when the claim was made, its content, the way of settlement required by the claim; also a confirmation of the date and way of settlement of the claim, including the confirmation of potential repair and its duration or a written justification of rejection of the claim.
The complaint shall be decided by the Seller immediately, or within three days in complex cases. This period does not include the time necessary for an expert assessment of the defect adequate to the given kind of the product or service. The complaint, including the removal of the defect, will be settled by the Seller without any undue delay, but within 30 days from the day when the claim was made at the latest, unless a longer time limit is agreed between the Seller and the Buyer. Futile expiry of this time limit is considered a major breach of the Purchase Agreement and the Buyer has the right to withdraw from the Purchase Agreement. The time of making the claim is considered the time when the Seller receives the expression of will of the Buyer (exercise of the right of defective performance). After expiry of the deadline, the consumer has the same rights as in case of an irremovable defect.
In case of a justified complaint, the Buyer has the right to the reimbursement of costs associated with the complaint procedure (especially the postage paid by the Buyer when sending the claimed goods). In case of a withdrawal from the Purchase Agreement due to a defect of the product, the consumer has also the right to the reimbursement of costs associated with this withdrawal. In case of unjustified complaint, the goods will be sent back to the Buyer at his expense. The costs associated with the transport of goods to the Buyer following the settlement of a justified complaint are covered by the Seller.
If the goods are replaced in the warranty period, a new warranty period starts running from the day of receipt of a new product. Once the justified complaint is settled, the warranty period is extended by the time of the complaint procedure (this time limit starts to run on the day following the day of receipt of the goods and ends on the day when the complaint is settled – not the day on which the goods are picked up by the Buyer).
IV. Written Communication
All written communication between the contracting parties can be sent by e-mail.
The Buyer shall send the written communication with the Seller to the e-mail address stated in these Terms and Conditions. The Seller shall send the communication to the Buyer to the e-mail address stated in his customer account or in the order.
V. Personal Data
All information provided by the Buyer during the cooperation with the Seller is confidential and will be treated as such. If the Buyer does not provide the Seller with his written consent, the data on the Buyer will not be used by the Seller in another way than for the purpose of performance under the Purchase Agreement, except for the e-mail address to which commercial communication can be sent since this is allowed by law, unless explicitly refused. This communication may concern only similar or related goods and can be easily unsubscribed any time (by sending a letter, e-mail or by a click on the link in the commercial communication. To this end, the e-mail address will be maintained for the period of 3 years after the conclusion of the last Purchase Agreement between the contracting parties.
The personal data provided by the Buyer to the Seller in order to execute the order, is collected, processed and kept in accordance with the applicable legislation, particularly 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 (GDPR) and Act No 480/2004 Coll., on certain information society services and on amendments to some laws, as amended.
More detailed information on personal data protection is included in the Principles of Personal Data Protection HERE.
VI. Out-of-court Dispute Resolution
The out-of-court resolution of consumer disputes arising from the Purchase Agreement is to be handled by the Czech Trade Inspection Authority with the seat at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, website: https://adr.coi.cz/cs. The platform for online resolution of disputes on the http://ec.europa.eu/consumers/odr website can be used to resolve the disputes between the Seller and the Buyer arising from the Purchase Agreement.
The European Consumer Centre of the Czech Republic with the seat at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is the contact point under Regulation 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 Consumer ODR).
The Seller is obliged to sell the goods based on the trade license. The trade inspection is carried out by the competent trade licensing office within its scope of authority. The Czech Trade Inspection Authority performs to a limited extent, among other things, also the supervision of compliance with Act No 634/1992 Coll., on consumer protection.
VII. Final Provisions
These Terms and Conditions came into force and took effect on 1 January 2020.
All the arrangements between the Seller and the Buyer follow the body of laws of the Czech Republic. Any potential disputes arising with respect to the Purchase Agreement will be resolved exclusively in accordance with the applicable legislation of the Czech Republic and adjudicated by courts of the Czech Republic in the district where the Seller´s registered office is located. If the relationship established by the Purchase Agreement contains any foreign element, then the contracting parties agree that the relationship will be subject to the law of the Czech Republic. This is without prejudice to the rights of consumer arising from the generally binding legal regulations.
The Seller is not responsible for any faults arisen in consequence of third-party interventions in the online store or in consequence of its use contrary to its purpose. When using the online store, the Buyer shall not apply such procedures that could have a negative impact on its operation and must not perform any activity that could enable him or third parties to intervene or to use the software or other parts of the online store in an unauthorised manner and to use the online store or its parts or software in a manner contrary to its purpose.
The Buyer hereby assumes the risk of changes in circumstances as defined in Section 1765 (2) of the Civil Code.
The concluded Purchase Agreement is archived by the Seller for the purpose of its successful execution and is not accessible to third parties not involved.
These Terms and Conditions are accessible in the online store placed on the www.hempoint.cz website and can be archived and reproduced by the Buyer. The content of the Terms and Conditions is subject to copyright protection and cannot be used for other than the stated purpose without the prior consent of the Seller.