Terms and Conditions for Consumers

Terms and Conditions - for contractual relations with consumers

I. General provisions

1.1 These terms and conditions of the company regulate the mutual rights and obligations arising between the seller and the buyer in connection with or on the basis of the purchase contract between the seller and the buyer, concluded through the SHANTI online store. The SHANTI online shop is operated by the Seller on the web address www.shanti.cz. The Seller is SHANTI & Co. s.r.o., with registered office at Zábrdovická 801/11, Brno 615 00, ID No.: 25549154, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 32242 (hereinafter referred to as the "Seller"). The Buyer is a natural person who, when concluding and performing the contract, does not act within the scope of his trade or other business activity, purchases the products for purposes other than for doing business with these products. Only a person over 18 years of age may be a purchaser of tobacco products.

1.2 The provisions of the terms and conditions are an integral part of the purchase contract.

1.3 All legal relations between the Seller and the Buyer, or issues not covered by these Terms and Conditions, shall be governed by the legal order of the Czech Republic, in particular the Civil Code (Act No. 89/2012 Coll.), as amended, and other relevant legislation, and shall take precedence over concluded international treaties, and in the event of a retroactive reference to an international treaty in the Czech legal order, this reference shall not apply.

II. Ordering goods, conclusion of the purchase contract

2.1 These terms and conditions apply to cases where a purchase contract is concluded via the online shop and, mutatis mutandis, to cases where the contract is concluded directly at the Seller's premises. In particular, the rights of the consumer when concluding a contract by means of distance communication do not apply in the case of concluding a contract directly at the seller's premises.  

2.2 The website of the shop contains all information about the goods, including the prices of the individual products. The prices of the goods are inclusive of VAT and all related charges. The prices of the goods remain valid for as long as they are displayed on the shop's website. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms. The website of the shop also contains information on the costs associated with the packaging and delivery of the goods.

2.3 All product presentations on the website are for information purposes only and the provisions of Section 1732 (2) of the Civil Code do not apply. The contract between the Seller and the Buyer is only formed by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail.

2.4 Prior to sending the order, the Buyer is allowed to check and change the data he has entered in the order, also with regard to the Buyer's ability to detect and correct errors arising during the data entry in the order. The Buyer shall send the order to the Seller by clicking on the "Send Order" button on the checkout page.

2.5 The Buyer is obliged to provide the Seller with the necessary information in the order necessary for the successful completion of the order (i.e. specifying the method of delivery, delivery address, billing information, etc.). The information provided in the order shall be deemed correct by the Seller. Depending on the nature of the order (quantity of goods, price, estimated shipping costs, etc.), the Seller is always entitled to ask the Buyer for additional order confirmation (e.g. in writing or by telephone).

2.6 The conclusion of the purchase contract for an order containing tobacco products or smoking materials is subject to the validation of the Buyer's account. The purpose of the validation is to clearly verify the age of majority of the end customer. The buyer is not entitled to allow third parties to use the user account. The age eligibility of the consumer to purchase tobacco products and smoking materials is also verified upon delivery of the goods.

2.7 If the Buyer falls into default in the payment of any obligation to the Seller and subsequently places an order with the Seller, the Seller shall only be entitled to accept such order when all of the Buyer's obligations to the Seller have been paid in full after the due date. The time of full payment shall be the date of crediting the amount due to the Seller's bank account or the date of payment of the amount due in cash.

2.8 By placing an order, the Buyer confirms that he has read these Terms and Conditions as well as the Complaints Procedure and that he agrees to them. The order is a draft purchase contract. The Purchase Contract is concluded at the moment of confirmation of the order by the Seller according to paragraph 2.3. of this Article. Confirmation of the order may be made in particular by email. The buyer is bound by the terms and conditions from the moment of conclusion of the contract.

2.9 The Buyer agrees to the use of remote means of communication for the conclusion of the contract. The costs incurred by the Buyer in using distance communication means in connection with the conclusion of the contract (internet connection costs, telephone call costs) shall be borne by the Buyer himself and shall not differ from the basic rate.

III. Prices and validity of the offer

3.1 The price of the goods sold shall be set by the Seller in the price list. The price stated in the price list at the time of conclusion of the purchase contract shall be the price at the time of conclusion of the purchase contract between the Seller and the Buyer.

3.2 The prices in the SHANTI online shop are displayed in the list of goods or on the detail card of the goods. The price per unit of measure is shown here for the consumer as the retail price (including VAT). All listed prices for tobacco products are for the buyer including excise duty.

3.3 All prices, including promotional prices, are valid until further notice or while stocks last. Where goods have already been ordered (or a contract of sale has been entered into), the price at which the goods were ordered shall apply irrespective of any subsequent changes.

IV. Discounts and discount coupons

4.1 The SHANTI online shop offers various types of discounts (loyalty, volume, etc.). Each discount or discount coupon has its own rules for use, which must be observed. Discounts on the purchase price granted by the seller to the buyer cannot be combined with each other.

4.2 In the event that a discount or discount coupon is applied in violation of the rules of the discount or discount coupon, the Seller has the right to refuse such application of the discount or discount coupon. In such a case, the Buyer shall be informed and offered the option to complete the order without such discount or discount coupon applied. The rules and conditions for the application of a specific discount are attached either directly to the discount (in the form of information) or a link to the website where these rules are described in detail. In the event that any ambiguity arises in the interpretation of the rules of the discount or discount coupon, the interpretation set out by the seller shall apply.

V. Payment Terms

5.1 The Buyer shall pay the purchase price for the goods by cash on delivery, cash on delivery or by wire transfer before taking delivery of the goods.

5.1.1. Cash on delivery - the Buyer shall pay the purchase price for the goods upon receipt of the goods from the shipping company to the postal carrier (courier) or at the post office.

5.1.2. Online payment (in advance) via - the buyer chooses whether to pay for the goods by online transfer via internet banking, payment by credit card or bank transfer.

5.1.3. Cash (personal collection) - the buyer pays the purchase price for the goods in cash or by credit card upon receipt of the goods at the seller's premises. Personal collection is only possible in accordance with these terms and conditions when the Buyer receives notification that the goods are ready for personal collection at the address indicated.

5.2 In the case of payment in cash on personal collection or payment on delivery, the purchase price is payable on receipt of the goods. In the case of non-cash payment, for all non-cash payment methods, the purchase price is due within 14 days of the conclusion of the purchase contract. The purchase price is deemed to be paid at the moment of crediting the seller's account. The buyer is obliged to pay the purchase price with the indication of the variable symbol of the payment.
VI. Reservation of ownership, transfer of risk of damage to goods

6.1 Ownership of the delivered goods shall pass from the Seller to the Buyer only upon full payment of the purchase price.

6.2 The risk of damage to the goods passes to the buyer at the moment of acceptance of the goods or receipt from the carrier. This is without prejudice to the consumer's right to claim a breach of the purchase contract under these terms and conditions.

6.3 The risk of damage to the goods also passes to the buyer at the moment when the goods should have been taken over by the buyer, in the event that the buyer is in default in taking over the goods.

VII. Delivery of the goods, delivery periods

7.1 Upon receipt of an order via the SHANTI online shop, the Seller shall send an automatic confirmation of this order to the Buyer's email address. The ordered goods, if available, shall be dispatched in normal mode within two working days of the order confirmation or receipt of payment in case of the prepayment option. In the event of a noticeable increase in the volume of orders, for example in the run-up to Christmas, during discount promotions or during an ordered quarantine period, the dispatch of goods may be delayed for a maximum of four days from the confirmation of the order or the receipt of payment in the case of a prepayment option.

7.2 When the online shop is closed, for example during the Christmas holiday period, the goods ordered will not be dispatched until the online shop is reopened. The Seller shall inform the Buyer of this fact on the website, by email or other communication.

7.3 SHANTI & Co. s.r.o. does not guarantee the immediate availability of all items. If the goods according to the Buyer's order cannot be dispatched within the specified time, or if the goods are out of stock, the Seller shall inform the Buyer of this within the second working day after receipt of the order, together with a proposal for a delivery date or a proposal for a solution. The Buyer shall then inform the Seller whether it agrees to the new delivery date, the proposed solution or whether it cancels the order. In the event that the new delivery date is not expressly accepted by the Buyer within 10 days of its communication by the Buyer, the Seller may withdraw from the contract, without penalty to either party.

7.4 If the buyer requests a later delivery date than that stated by the seller for the offered goods, the consumer is obliged to indicate this in the order. If the Buyer requests a later delivery date than the one communicated by the Seller upon confirmation of the order, the Buyer is obliged to immediately inform the Seller thereof no later than the next working day after receipt of the order confirmation or receipt of the delivery date set by the Seller. In the event that the Buyer fails to do so, the Buyer shall be liable for damages incurred by the Seller in connection with any failure to accept or deliver the goods within the specified or agreed delivery date. The delivery date requested by the Buyer is binding for both parties at the moment of confirmation of this date by the Seller.

7.5 The Seller shall not be liable to the Buyer for damages caused by delays in delivery of the goods caused by the carrier.

VIII. Method and place of delivery

8.1 The method of delivery of the goods depends on the Buyer's choice, whereby the Buyer specifies the method of delivery in the order. 8.2 In case of personal collection of the goods, the Buyer is informed by email when the ordered goods are ready for collection, as well as the time when he can collect the goods. The collection point chosen by the buyer in the order is binding and cannot be changed.

8.3 If the Buyer selects delivery of the goods by carrier in the order, the goods shall be delivered to the Buyer at the moment of handing them over to the carrier for transport. Goods delivered by a carrier are sent by cash on delivery or by ordinary mail (if paid in advance), or by delivery by a sales representative of the Seller.

8.4 Goods are always delivered to the address specified by the Buyer in the order (place of delivery).

IX. Shipping - Postage

9.1 In the case of delivery of the goods by a carrier, the goods will be sent via Czech Post, s.p., Direct Parcel Distribution CZ s.r.o or Zásilkovna s.r.o. At the time of dispatch of the goods, the buyer is informed by email about the dispatch including the consignment number.

9.2 The delivery price is payable together with the payment of the purchase price for the goods, unless otherwise agreed.

9.3 The Buyer is obliged to take delivery of the ordered goods. In the event of refusal to accept the goods for reasons other than those stipulated by law, the Seller shall be entitled to claim compensation from the Buyer for any damage caused to the Seller by such action.

9.4 In the event that the Buyer fails to collect the ordered goods at the agreed collection point in person according to Article VIII, Paragraph 8.2 of these Terms and Conditions within the agreed or additional deadline, the Seller may withdraw from the contract on the second day after the expiry of the additional deadline for collection. The Seller is entitled to unilaterally set an additional deadline for taking delivery of the goods after the expiry of the agreed collection period.

9.5 The Buyer is obliged to inspect the goods as soon as possible after receipt of the shipment, but no later than 48 hours after receipt, and to notify the Seller of any defects. The Buyer shall report any damage to the package or the goods to the Seller within 48 hours of receipt of the goods.

9.6 The Seller shall be liable to the Consumer for the fact that the goods are in conformity with the purchase contract at the time of receipt, in particular that they are free from defects, within the meaning of § 2161 et seq. of the Civil Code. In the event of non-conformity of the delivered goods with the purchase contract, the buyer has claims against the seller within the meaning of § 2165 et seq. of the Civil Code. The consumer must assert these claims in accordance with the Seller's Complaints Procedure.

9.9 In the event that the Buyer does not properly accept the goods sent, he is obliged to pay for the damage he has caused to the Seller.

X. Rights arising from defective performance

10.1 The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the applicable generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

10.2 The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:

10.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,

10.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,

10.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,

10.2.4. the goods are in the appropriate quantity, measure or weight; and

10.2.5. the goods comply with the requirements of the legislation.

10.3 The provisions set out in Article 10.2 of the Terms and Conditions shall not apply to goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.

10.4 If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to assert a right to claim for a defect that occurs in consumer goods within twenty-four months of receipt.

10.5 Other rights and obligations of the parties related to the Seller's liability for defects, as well as the method of claiming defects from the Seller are regulated in detail in the Seller's Complaints Regulations.

XI. Withdrawal from the contract

Withdrawal from the contract by the buyer

11.1 The Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829 (1) of the Civil Code, and in the event that the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the Seller within the aforementioned period. For withdrawal from the purchase contract, the buyer can use the sample form provided by the seller, which is an annex to the terms and conditions.  The Buyer may send the withdrawal from the Purchase Contract to the Seller's business address or to the Seller's e-mail address, among others.

11.2. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a purchase contract for the delivery of goods that have been modified according to the Buyer's wishes or for the Buyer's person, from a purchase contract for the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery, from a contract for the supply of goods in closed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons (used pipe, vaporizer), and from a contract for the supply of an audio or visual recording or computer program if the original packaging has been damaged.

11.3 In the event of withdrawal from the purchase contract according to this article of the Terms and Conditions, the purchase contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller in accordance with the provisions of Section 1820(1)(g) of the Civil Code, even if the goods cannot be returned due to their nature by the usual postal route.

11.4 In the event of withdrawal from the Contract pursuant to this Article of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller. If the goods returned by the Buyer in the event of withdrawal are incomplete, damaged or visibly worn, they will be stored by the Seller at the collection point at the Buyer's expense. The Buyer will be informed of this procedure in writing, by email or telephone, so that he can take back the goods or another procedure can be agreed.

11.5 The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods and the claim for reimbursement of costs incurred by the Seller in connection with the return of the goods against the Buyer's claim for reimbursement of the purchase price.

11.6 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

Withdrawal from the contract by the seller

11.7 Except in the case of withdrawal from the contract specifically set out in these terms and conditions, the Seller shall have the right to withdraw from the contract if, after the order has been confirmed, the Seller becomes aware in a credible manner of facts giving rise to reasonable concern that the goods offered do not meet the legal conditions for free sale on the market or do not meet the safety conditions, or the goods available to the Seller begin to exhibit defects and failures not caused by the Seller, where the Seller will not be able to ensure the delivery of the goods in at least normal quality. The seller also has the right to withdraw from the contract if the goods have been ordered by a minor, i.e. a person to whom the sale of tobacco products or smoking materials is prohibited.

11.8 The Seller shall be entitled to withdraw from the contract as a result of repeated failure of the Buyer to cooperate in the delivery of the goods, in which case the Seller's right to compensation shall not be affected.

11.9. The Seller is also entitled to withdraw from the Contract as a result of force majeure which makes it unreasonably difficult or even impossible for the Seller to perform the Contract properly.

11.10 The Seller is obliged to inform the Buyer immediately of the withdrawal from the Contract.

XII. Cancellation of an order made by means of distance communication

12.1 The buyer has the right to cancel the order without any penalty until the moment of packing the shipment. The Buyer is obliged to notify the Seller of the cancellation of the order either by email or by telephone. In the event that the Customer cancels the order before packing or shipping, no cancellation fee will be charged. In the event that the order has already been processed and the goods have been dispatched, it is no longer possible to cancel the order and the customer is obliged to take delivery.

12.3 The buyer is also entitled to cancel an order for goods that have been specially ordered or modified for the customer in the above manner. In such a case, however, the Seller is entitled to charge a cancellation fee of 50% of the sale price of the goods.

XIII. Protection of personal data

13.1 This Article sets out the rules for the protection of the Buyer's personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council - General Data Protection Regulation (hereinafter referred to as "GDPR"). The Seller shall comply with the GDPR when processing the Buyer's personal data and shall only process personal data in accordance with the GDPR.

13.2 When registering a user account and concluding a purchase contract, the Buyer's personal data is transferred to the Seller and subsequently processed by the Seller.

13.3 The personal data that the Seller will process about the Buyer is the Buyer's name, address, email, telephone, date of birth and the VAT number and tax identification number if the Buyer fills it in.

13.4 The legal basis for the processing of personal data is the conclusion of the purchase contract and its fulfilment.

13.5 The personal data will be processed by the seller during the performance of the contract, the warranty period and 10 years after the warranty period as evidence against legal claims. Personal data that must be retained according to the relevant laws will be processed for the period specified by the relevant legislation. Personal data processed in connection with a user account will be processed for 10 years after the last login, unless the buyer cancels the account earlier.

13.6 The personal data will be accessed by the Seller's employees and external processors - which are the Seller's accounting, tax, legal and marketing advisors. The Seller is also entitled to pass on the Buyer's contact personal data to the carrier for the purpose of transporting the goods.

13.7 Personal data will only be transferred to a third country or international organisation in the case of data backup in order to better protect data and personal data from loss or destruction.

13.8 The Buyer has the right to rectify or supplement personal data, request restriction of processing, object or complain against the processing of personal data, request data transfer, access to his/her personal data, be informed of a personal data breach, erasure and other rights set out in the GDPR.

13.9 The Buyer may at any time lodge a complaint regarding the processing of personal data or the controller's failure to comply with its obligations under the GDPR with a supervisory authority. The supervisory authority in the Czech Republic is the Office for Personal Data Protection, with its registered office at Pplk. Sochor 27, 170 00 Prague 7, www.uoou.cz.

13.10. Further and detailed information on the protection of personal data is provided in the Privacy Policy, which the Seller follows. This Policy also details and describes the rights regarding the protection of personal data that the Buyer may exercise in relation to his/her personal data. The Policy is available in the Personal Data Processing Policy document.
XIV. Other Rights and Obligations of the Parties

14.1 The prior written consent of the Seller is required for any use of photographs, names, product texts and other data for goods from the SHANTI online shop.

14.2 Complaints and comments shall be handled by the Seller in accordance with applicable law, whereby the Buyer may lodge complaints and comments at any of the Seller's stores, by calling 543 254 847, or by emailing info@shanti.cz.

14.3 The exact procedure for complaints and their handling is regulated by the Complaints Procedure, which is an integral part of the purchase contract concluded by the Seller with the Buyer. By placing an order, the Buyer confirms that he has read the Complaints Procedure and agrees to it.

14.4 The Buyer agrees to send tax documents (invoices) in electronic form, electronically within the meaning of the relevant provisions of Act No. 235/2004 Coll. on Value Added Tax. Electronically prepared invoices are considered by the Parties to be full invoices.

14.5 The Buyer, notwithstanding any other provisions of these Terms and Conditions, undertakes to ensure the confidentiality of all identification data and passwords necessary for the Buyer's login to the User Account, in particular not to disclose such identification data and passwords to any third party, and if it discovers misuse of its identification data and passwords by any third party, it shall immediately notify the Seller.

XV. Information on out-of-court settlement of consumer disputes

15.1 In the event of a dispute between the Buyer, who is a consumer within the meaning of Section 419 of the Civil Code, and the Seller, arising from the concluded purchase contract, the Buyer is entitled to submit a proposal for out-of-court dispute resolution to the Czech Trade Inspectorate for the purpose of concluding an agreement with the Seller, using the contact details available on the website http://www.coi.cz/. The submission of the proposal and the subsequent participation in the out-of-court dispute resolution is free of charge for the Buyer, while any costs incurred in connection with the out-of-court dispute resolution shall be borne by each party separately. The choice of out-of-court dispute resolution is voluntary for the buyer.

15.2 Out-of-court dispute resolution is governed by § 20d et seq. of Act No. 634/1992 Coll. on Consumer Protection. The proposal for initiation of out-of-court proceedings must contain the elements pursuant to Section 20n of the Consumer Protection Act. on consumer protection. An application for out-of-court dispute resolution may be filed no later than within 1 year from the date on which the buyer first lodged a claim with the seller that is the subject of the dispute (e.g. from the time of the first claim for goods or from the time of the request for reimbursement of the purchase price after a valid withdrawal from the contract in the event of the seller's default in reimbursing it).

15.3 Buyers who are resident in another EU Member State, Norway or Iceland are entitled to take their dispute with the Seller to out-of-court settlement through the European Consumer Centre in their country of residence; a list of the relevant Consumer Centres is available on the European Commission's website at https://ec.europa.eu/info/index_en

XVI. Final arrangements

16.1 The applicable terms and conditions are available on the Seller's (SHANTI) website and each Buyer is advised of them and is obliged to familiarise himself with them when purchasing the Goods. The Seller is entitled to supplement or amend the Terms and Conditions in connection with changes in the applicable legislation and in connection with changes in the market for the goods offered by the Seller. The ineffectiveness of individual provisions of the terms and conditions shall not affect the effectiveness of the remaining provisions. The ineffective provision shall be replaced by the valid provision whose meaning most closely approximates the invalid provision.

16.2 The Buyer's order shall be archived as a concluded contract after delivery to the Seller for the purpose of its execution and further recording.

16.3 In the case of service of documents between the parties, the Seller's registered office and the Buyer's address as set out in the Purchase Order shall be deemed to be the address for service. Service between the parties may also be made to the Buyer's or Seller's electronic address.

16.4 These Terms and Conditions shall come into force and effect on 24 May 2018.