General Terms and Conditions for Sale to Consumers

General Terms and Conditions of Canna b2b, s.r.o., with registered office at Žižkova 708, Příbram II, 261 01, Czech Republic, ID No.: 02023024, VAT No.: CZ02023024, registered in the Commercial Register kept at the Municipal Court in Prague under the Commercial Register No. C 214621 (hereinafter referred to as “Seller“) for the sale of goods and services through the on-line shop located at www.canatura.com by natural persons – consumers (hereinafter referred to as “Buyer“) (hereinafter referred to as “SOP“)

I. Introductory Provisions

These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a Purchase Agreement or Service Agreement (hereinafter referred to as the “Agreement”) concluded between the Seller and a natural person – consumer via the Seller’s online store. The online store is operated by the Seller at the internet address www.canatura.com through a web interface (hereinafter referred to as the “Store Web Interface”).
The GTC also govern the rights and obligations of the contracting parties when using the Seller’s website located at www.canatura.com (hereinafter referred to as the “Website”) and other related legal relationships.
These GTC do not apply in cases where a person intending to purchase goods or request services from the Seller acts in the course of their business activities when ordering goods or services, or is a legal entity. In such cases, the Agreement is governed by the General Terms and Conditions for Business Dealings with Natural Persons – Entrepreneurs or Legal Entities, which can be found [here].
Provisions that differ from the GTC may be agreed upon in the Agreement. Any deviating arrangements in the Agreement take precedence over the provisions of the GTC.
The provisions of the GTC form an integral part of the Agreement. The Agreement and the GTC are executed in the Czech language. The Agreement may be concluded in the Czech language. If a translation of the Agreement text is made for the Buyer’s needs, the Czech version shall prevail in case of a dispute regarding interpretation.
By concluding the Agreement, the Buyer confirms their agreement with these GTC, which include the Complaints Procedure available [here] and the Personal Data Protection Policy available [here]. The Buyer also confirms that they had a sufficient opportunity to become acquainted with them prior to concluding the Agreement and agrees with their content.
The Seller may amend or supplement the GTC. This provision does not affect the rights and obligations arising during the effective period of the previous version of the GTC. The Buyer will receive the current and effective GTC including the Complaints Procedure in text form sent to the email address provided to the Seller when placing the order. These will be sent via email as an attachment as part of the order confirmation from the Seller.

II. User Account

Based on the Buyer’s registration on the Website, the Buyer can access their user interface. Through this user interface, the Buyer can order goods or services (hereinafter referred to as the “User Account”). If the Store Web Interface allows it, the Buyer may also order goods or services without registration directly through the Store Web Interface.
When registering on the Website and when ordering goods or services, the Buyer is obliged to provide all information accurately and truthfully. The Buyer is required to update the information provided in the User Account whenever any changes occur. The data provided by the Buyer in the User Account and when ordering goods or services are considered correct by the Seller.
If the Buyer enters the details of a legal entity (e.g., company name, Company ID, and VAT ID), the Seller considers the Buyer’s actions as being carried out on behalf of that legal entity, and the order will be handled accordingly, pursuant to Article I, paragraph three of the GTC.
Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account and acknowledges that the Seller is not liable for any breach of this obligation by the Buyer.
The Buyer is not entitled to allow third parties to use their User Account.
The Seller may cancel the User Account, particularly if the Buyer has not used their User Account for more than one (1) year or if the Buyer breaches their obligations under the Agreement (including the GTC).
The Buyer acknowledges that the User Account may not be available continuously, especially due to necessary maintenance of the Seller’s hardware and software equipment, or maintenance of hardware and software equipment of third parties.

III. Conclusion of the Agreement

The Store Web Interface contains a list of goods and services offered by the Seller, including the prices of each listed item or service. The offer of goods and services, as well as the prices thereof, remain valid for as long as they are displayed in the Store Web Interface. This provision does not restrict the Seller’s ability to conclude an Agreement under individually agreed conditions.
All presentations of goods and services listed in the Store Web Interface are non-binding, and the Seller is not obliged to conclude an Agreement regarding such goods or services.
The Store Web Interface also contains information about the costs associated with packaging and delivery of goods or services. These costs are valid only in cases where the goods or services are delivered within the territory of the Czech Republic, Slovakia, and other selected countries.
To order goods or services, the Buyer completes the order form in the Store Web Interface. The order form includes in particular the following information:
1. the goods or services being ordered (which the Buyer “adds” to the online shopping cart in the Store Web Interface);
2. the method of payment for the goods or services, and information regarding the required delivery method of the ordered goods or services;
3. and the costs associated with the delivery of goods or services
4. (collectively referred to as the “Order”).
Before submitting the Order to the Seller, the Buyer is allowed to check and change the data entered in the Order, including correcting errors made during data entry. The Buyer submits the Order to the Seller by clicking the “Submit” button. The information provided in the Order is deemed correct by the Seller. The Seller shall promptly confirm receipt of the Order to the Buyer by email, to the Buyer’s email address specified in their User Account or in the Order (hereinafter referred to as the “Buyer’s Email Address“).
Depending on the nature of the Order (quantity, price, anticipated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (e.g., in writing or by phone).
The contractual relationship between the Seller and the Buyer is established upon the delivery of the Order acceptance (confirmation) by the Seller to the Buyer via email, to the Buyer’s Email Address.
The presentation of goods or services at a specified price in the course of business, through advertisement, catalog, or display, is assumed to constitute an offer subject to availability of stock or the Seller’s ability to fulfill. Information on the goods and prices provided by the Seller is binding, except in the case of obvious errors (e.g., prices that are clearly incorrect considering all relevant circumstances, particularly market prices, and fall below production costs).
The Buyer acknowledges that the Seller is not obliged to conclude an Agreement, particularly:
1. with persons who have previously substantially breached obligations to the Seller;
2. if the ordered goods are no longer available;
3. if there is a justified suspicion of fraudulent or stolen identity;
4. or if the listed price of the goods or services is clearly inconsistent with standard market pricing.
The Buyer agrees to the use of remote means of communication when concluding the Agreement. The Buyer shall bear the costs incurred in the use of remote communication means in connection with concluding the Agreement (internet connection costs, telephone charges).
Unless otherwise stated for a particular service, the Seller is entitled to commence the provision of the ordered service even before the expiry of the withdrawal period.
The Seller is obliged to provide the Buyer with written confirmation of the conclusion of the Agreement within a reasonable timeframe after its conclusion, but no later than at the moment of delivery of the goods.

the goods or services being ordered (which the Buyer “adds” to the online shopping cart in the Store Web Interface);
the method of payment for the goods or services, and information regarding the required delivery method of the ordered goods or services;
and the costs associated with the delivery of goods or services
(collectively referred to as the “Order”).

with persons who have previously substantially breached obligations to the Seller;
if the ordered goods are no longer available;
if there is a justified suspicion of fraudulent or stolen identity;
or if the listed price of the goods or services is clearly inconsistent with standard market pricing.

IV. Price of Goods and Services and Payment Terms

The Buyer may pay the Seller the price of the goods and services and any costs associated with the delivery of goods and provision of services under the Agreement in the following ways:
1. in cash on delivery at the location specified by the Buyer in the Order;
2. by cashless transfer to the Seller’s account (for payments in EUR) maintained at Fio banka, a.s., Na Florenci 2139/2, Nové Město, 110 00 Praha 1, IBAN: CZ78 2010 0000 0028 0103 5384, SWIFT/BIC: FIOBCZPPXXX (hereinafter the “Seller’s Account”);
3. via the GoPay payment system;
4. in cash or by card at the Canatura store located at Pražská 145, Příbram II, 261 01, Czech Republic.
The purchase price does not include the cost of delivery of goods to the location specified by the Buyer in the Order. The Buyer selects the delivery method and time before submitting the order, which obliges them to pay. The Buyer is therefore also obliged to pay the Seller the agreed packaging and delivery costs in addition to the price. Unless explicitly stated otherwise, the price also includes any associated licensing fees.
In the case of cash payment or cash-on-delivery, the price is payable upon receipt of the goods or services. In the case of non-cash payment, the price is payable within seven (7) days from the conclusion of the Agreement.
When paying non-cash, the Buyer must include the payment’s variable symbol. The obligation to pay the price is fulfilled upon crediting the relevant amount to the Seller’s Account.
The Seller is entitled to require full payment before sending the goods or providing the service to the Buyer.
To conclude the Agreement, the Buyer is required to confirm in the final step of the order process that they are over 18 years old. This validation is carried out through the Adulto service, which is intended to verify the legal age of the end customer. The Buyer is not allowed to share account access with third parties. The Buyer also acknowledges that age verification may be repeated upon delivery of the goods.
Any discounts on the price granted by the Seller to the Buyer may be combined.
If customary in business practice or required by law, the Seller shall issue the Buyer a tax document – invoice – for payments made under the Agreement. The Seller is a VAT payer. The tax document – invoice – shall be issued by the Seller after the price has been paid and will be sent in electronic form to the Buyer’s email address or attached to the delivered Order.

in cash on delivery at the location specified by the Buyer in the Order;
by cashless transfer to the Seller’s account (for payments in EUR) maintained at Fio banka, a.s., Na Florenci 2139/2, Nové Město, 110 00 Praha 1, IBAN: CZ78 2010 0000 0028 0103 5384, SWIFT/BIC: FIOBCZPPXXX (hereinafter the “Seller’s Account”);
via the GoPay payment system;
in cash or by card at the Canatura store located at Pražská 145, Příbram II, 261 01, Czech Republic.

V. Withdrawal from the Agreement

The Buyer acknowledges that under Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), it is not possible to withdraw from an Agreement:
1. for the provision of services, if they have been fully provided; in the case of paid services, only if the performance began with the consumer’s prior express consent before the expiry of the withdrawal period and the consumer was informed before concluding the agreement that by receiving the performance, the right to withdraw would be forfeited;
2. for the supply of goods or services the price of which depends on fluctuations in the financial market beyond the Seller’s control and which may occur during the withdrawal period;
3. for the supply of alcoholic beverages, the price of which was agreed upon when concluding the Agreement, provided that the delivery can only take place after 30 days and their actual value depends on market fluctuations beyond the Seller’s control;
4. for the supply of goods made to the consumer’s specifications or clearly personalized;
5. for the supply of goods which are perishable or have a short shelf-life, as well as goods which, after delivery, are inseparably mixed with other goods due to their nature;
6. for urgent repairs or maintenance to be carried out at the consumer’s request at the place designated by the consumer; this does not apply to repairs other than those requested or to the delivery of goods other than replacement parts necessary for the repair or maintenance;
7. for the supply of goods in sealed packaging which, for health protection or hygiene reasons, are not suitable for return after the consumer has broken the seal;
8. for the supply of audio or video recordings or computer software in sealed packaging if the seal has been broken by the consumer;
9. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for their supply;
10. for accommodation, transport of goods, vehicle rental, catering, or leisure activities where the Agreement provides for a specific date or period of performance;
11. concluded via public auction under a separate legal regulation, which the consumer may attend in person;
12. for the supply of digital content not supplied on a tangible medium, if the performance began with the consumer’s prior express consent before the expiry of the withdrawal period, the consumer was informed that this forfeits the right of withdrawal, and the trader has provided confirmation as required by Section 1824a(1)(2) or Section 1828(3)(4) of the Civil Code.
If the case referred to in the first paragraph of Article V does not apply, or if it is not another case in which withdrawal from the Contract is not permitted, the Buyer has the right to withdraw from a Contract concluded by means of distance communication or from a Contract concluded outside business premises within fourteen days. Unless otherwise stipulated, the period for withdrawal shall expire fourteen days from the date of conclusion of the Contract. If the subject of the obligation is the purchase of goods, the withdrawal period shall expire fourteen days from the day on which the Buyer or a third party designated by the Buyer, other than the carrier, takes delivery of the goods, or:
1. the last item of goods, if the Buyer has ordered several items of goods in a single order which are delivered separately,
2. the last piece or part of a delivery consisting of several pieces or parts, or
3. the first delivery of goods, if the Contract provides for regular delivery of goods over a defined period of time.
The Buyer has the right to withdraw from the Contract without stating any reason. No penalty may be imposed on the Buyer in connection with the exercise of this right. To comply with the withdrawal period, it is sufficient for the Buyer to send a notice of withdrawal before the relevant period expires. The Buyer may send the notice of withdrawal, among other means, to the address of the Seller’s business premises or to the Seller’s email address: [email protected]. The buyer may also use the sample form for notification of withdrawal from the Contract, which is part of these SOPs.
In the event of withdrawal from the Contract pursuant to the second paragraph of Article V of these General Terms and Conditions, the Contract shall be cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the date the notice of withdrawal was sent to the Seller. The Buyer is only liable to the Seller for any reduction in the value of the goods resulting from handling the goods in a manner other than that necessary to ascertain the nature, characteristics, and functioning of the goods. This does not apply if the Seller has not provided the Buyer with the information required under Section 1820(1)(i) of the Civil Code. The costs for returning the goods in the event of withdrawal from the Contract shall be borne by the Buyer. If the goods cannot be returned by ordinary postal means due to their nature, the maximum cost of returning such goods is estimated at CZK 10,000 (in words: ten thousand Czech crowns).
In the event of withdrawal from the Contract pursuant to the second paragraph of Article V of these General Terms and Conditions, the Seller shall return to the Buyer all payments received from the Buyer under the Contract, including the cost of delivery, within fourteen (14) days from the withdrawal from the Contract (or, in the case of a Contract for the purchase of goods, from the moment the Seller receives the returned goods or the Buyer provides proof that the goods have been sent back to the Seller, whichever occurs first). The refund shall be made by cashless transfer to the account designated by the Buyer (unless the Buyer specifies a different method of refund, provided that such method does not incur any additional costs for the Seller). If the Buyer has chosen a method of delivery other than the least expensive type of standard delivery offered by the Seller, the Seller shall reimburse the Buyer only up to the amount corresponding to the cost of the least expensive standard delivery method. The Seller is also entitled to refund the payment provided by the Buyer already at the time the goods are returned by the Buyer.
The Buyer acknowledges that if the returned goods are damaged, worn, partially consumed, or their value is otherwise reduced as a result of handling beyond what is necessary to ascertain the nature, characteristics, and functioning of the goods, the Seller is entitled to claim compensation for the damage thus incurred. The Seller is entitled to unilaterally offset this claim for compensation against the Buyer’s claim for a refund of the purchase price or its part. In the case of withdrawal from a Contract for the provision of a service which has already commenced but has not yet been fully performed, the Buyer is obliged to pay a proportionate part of the price for the services already provided and shall only be entitled to a refund of the remaining portion of the service price upon withdrawal.
Until the goods are taken over or the service is provided to the Buyer, the Seller is entitled to withdraw from the Contract at any time. In such a case, the Seller shall refund the price to the Buyer without undue delay, via a cashless transfer to the account specified by the Buyer.
If a gift is provided to the Buyer along with the goods or service, the gift agreement between the Seller and the Buyer is concluded with a condition subsequent, meaning that if the Buyer withdraws from the Contract, the gift agreement concerning such a gift shall cease to be effective, and the Buyer is obliged to return the provided gift to the Seller along with the goods. The Seller reserves the right, in such a case, to withhold the refund of the price or its part until the gift has been returned.

for the provision of services, if they have been fully provided; in the case of paid services, only if the performance began with the consumer’s prior express consent before the expiry of the withdrawal period and the consumer was informed before concluding the agreement that by receiving the performance, the right to withdraw would be forfeited;
for the supply of goods or services the price of which depends on fluctuations in the financial market beyond the Seller’s control and which may occur during the withdrawal period;
for the supply of alcoholic beverages, the price of which was agreed upon when concluding the Agreement, provided that the delivery can only take place after 30 days and their actual value depends on market fluctuations beyond the Seller’s control;
for the supply of goods made to the consumer’s specifications or clearly personalized;
for the supply of goods which are perishable or have a short shelf-life, as well as goods which, after delivery, are inseparably mixed with other goods due to their nature;
for urgent repairs or maintenance to be carried out at the consumer’s request at the place designated by the consumer; this does not apply to repairs other than those requested or to the delivery of goods other than replacement parts necessary for the repair or maintenance;
for the supply of goods in sealed packaging which, for health protection or hygiene reasons, are not suitable for return after the consumer has broken the seal;
for the supply of audio or video recordings or computer software in sealed packaging if the seal has been broken by the consumer;
for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for their supply;
for accommodation, transport of goods, vehicle rental, catering, or leisure activities where the Agreement provides for a specific date or period of performance;
concluded via public auction under a separate legal regulation, which the consumer may attend in person;
for the supply of digital content not supplied on a tangible medium, if the performance began with the consumer’s prior express consent before the expiry of the withdrawal period, the consumer was informed that this forfeits the right of withdrawal, and the trader has provided confirmation as required by Section 1824a(1)(2) or Section 1828(3)(4) of the Civil Code.

the last item of goods, if the Buyer has ordered several items of goods in a single order which are delivered separately,
the last piece or part of a delivery consisting of several pieces or parts, or
the first delivery of goods, if the Contract provides for regular delivery of goods over a defined period of time.

VI. Transport, Delivery of Goods and Provision of Services

The method of delivery of goods and provision of services shall be determined by the Seller, unless otherwise agreed in the Contract. If the method of transportation is agreed upon based on the Buyer’s request, the Buyer shall bear the risk and any additional costs associated with that method of transportation.
If, under the Contract, the Seller is obliged to deliver the goods to a location specified by the Buyer in the order, or to provide the agreed services at such a location, the Buyer is obliged to accept the goods or allow the provision of such services upon delivery. If the Buyer fails to accept the goods upon delivery, the Seller is entitled to charge a storage fee of CZK 100 (in words: one hundred Czech crowns) or to withdraw from the Contract. If the shipment is not accepted by the buyer, the seller is also entitled to demand compensation from the buyer for the damage incurred in the amount of the actual costs incurred for postage and packaging. If this claim is not paid by the buyer, further legal steps may be taken to recover it.
If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to cover the costs associated with the repeated delivery of the goods or the costs associated with the alternative delivery method.
Upon receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in the case of any defects, to notify the carrier immediately. If the packaging appears to be tampered with, suggesting unauthorized access to the shipment, the Buyer is not obliged to accept the shipment from the carrier. By signing the delivery note, the Buyer confirms that the packaging of the shipment containing the goods was intact.
The Seller shall ensure customs clearance for export from the European Union and shall provide the carrier with documents required by the laws of the destination country. The Buyer is obliged to provide, within twenty-four (24) hours of being requested by the Seller or by another authority, particularly an administrative authority or other public authority, the information necessary for customs or other proceedings related to the delivery, especially contact details for communication with authorities. Failure to meet this deadline entitles the Seller to terminate the Contract.
Additional rights and obligations of the parties during the transport of goods may be governed by the Seller’s special delivery terms, if issued by the Seller.
The Seller is entitled to commence the provision of the ordered service only after the price for such service has been paid to the Seller.

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