Terms of agreement

These General Terms and Conditions ("Terms") of Banna House, located at Na Kocínce 1739/6, Company ID 17681367, registered in the Commercial Register under file no. C 374920 kept at the Municipal Court in Prague, email info@bannahouse.cz, WhatsApp number (+420)731186727 (“We” or “Seller”), govern in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code") the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or based on the purchase contract ("Contract") concluded via the E-shop on the website www.bannahouse.cz/en.

All information about the processing of Your personal data is contained in the Personal Data Processing Policy, which can be found at https://www.bannahouse.cz/en/general-data-protection-regulation/

The provisions of these Terms are an integral part of the Contract. The Contract and Terms are drafted in the Czech and English languages. We may unilaterally change or supplement the wording of the Terms. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the Terms.

As you certainly know, we communicate primarily remotely. Therefore, for our Contract, it also applies that means of remote communication are used, allowing us to agree without the simultaneous physical presence of You and Us, and thus the Contract is concluded in a remote manner in the environment of the E-shop, via the website interface ("E-shop web interface").

If any part of the Terms contradicts what we have mutually agreed upon during the process of your purchase on our e-shop, this specific agreement will take precedence over the Terms.

I. SOME DEFINITIONS

Price is the monetary amount You will pay for the Goods;
Shipping Price is the monetary amount You will pay for the delivery of the Goods, including the price for its packaging;
Total Price is the sum of the Price and the Shipping Price;
VAT is the value-added tax according to applicable legal regulations;
Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
Order is Your irrevocable proposal to conclude a Purchase Contract for Goods with Us;
User Account is an account created based on the information You provided, allowing the storage of entered data and the history of ordered Goods and concluded Contracts;
You are the person purchasing on Our E-shop, legally referred to as the buyer;
Goods is everything you can purchase on the E-shop.

II. GENERAL PROVISIONS AND INSTRUCTIONS

Purchase of Goods is only possible through the web interface of the E-shop.
When purchasing Goods, it is Your obligation to provide Us with all information correctly and truthfully. The information You provided when ordering the Goods will be considered correct and truthful.

III. CONCLUSION OF THE CONTRACT

The Contract with Us can only be concluded in the Czech and English languages.
The Contract is concluded remotely via the E-shop, with You bearing the costs of using remote communication means. These costs do not differ from the basic rate You pay for the use of these means (especially for Internet access), so You do not need to expect any additional costs charged by Us beyond the Total Price. By submitting the Order, You agree that remote communication means are used.
For us to conclude the Contract, You need to create an Order proposal on the E-shop. This proposal must include the following details:

a) Information about the purchased Goods (on the E-shop, You select the Goods You are interested in purchasing by clicking "Add to cart");

b) Information about the Price, Shipping Price, method of payment of the Total Price, and the required method of delivery of the Goods; these details will be entered when creating the Order proposal within the user interface of the E-shop, with information about the Price, Shipping Price, and Total Price being provided automatically based on Your selected Goods and method of delivery;

c) Your identification and contact details necessary for delivering the Goods, especially Your name, surname, delivery address, phone number, and email address;

d) In the case of a Contract, based on which We will regularly and repeatedly deliver Goods to You, also information on how long We will deliver the Goods to You.
During the creation of the Order proposal, You can change and check the data until the Order is created. After checking, by pressing the "Order with obligation to pay" button, You create the Order. Before pressing the button, You must confirm Your familiarity and agreement with these Terms; otherwise, it will not be possible to create the Order. Confirmation and agreement are done using a checkbox. After pressing the "Order with obligation to pay" button, all entered information will be sent directly to Us.
We will confirm Your Order as soon as possible after its receipt, by sending a message to Your email address provided in the Order. The confirmation will include a summary of the Order and these Terms. The Contract between You and Us is concluded upon Our confirmation of the Order. The Terms effective on the day of the Order form an integral part of the Contract.
There may be cases where We cannot confirm Your Order. These are mainly situations where the Goods are not available or cases where You order more pieces of Goods than We allow. Information about the maximum quantity of Goods will always be provided to You in advance within the E-shop and should not be surprising. If there is any reason why We cannot confirm the Order, We will contact You and send You an offer to conclude a Contract in an amended form compared to the Order. The Contract is concluded in such a case when You confirm Our offer.
If an obviously incorrect Price is listed on the E-shop or in the Order proposal, We are not obliged to deliver the Goods to You at this Price, even if You have received Order confirmation, and thus the Contract has been concluded. In such a situation, We will contact You immediately and send You an offer to conclude a new Contract in an amended form compared to the Order. The new Contract is concluded when You confirm Our offer. If You do not confirm Our offer within 3 days of its dispatch, We are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual price at other sellers or a digit is missing or exceeds.
If a Contract is concluded, You are obliged to pay the Total Price.
If You have a User Account, You can place an Order through it. Even in such a case, You have the obligation to check the accuracy, truthfulness, and completeness of the pre-filled data. The method of creating the Order is identical to that of a buyer without a User Account, but the advantage is that You do not have to repeatedly fill in Your identification details.
In some cases, We allow the use of a discount for the purchase of Goods. To apply the discount, You need to fill in the discount details in the designated field within the Order proposal. If You do so, the Goods will be provided to You with the discount.

IV. USER ACCOUNT

Based on your registration within the E-shop, you can access your User Account.
During the registration of the User Account, you are required to provide accurate and truthful information and update it in case of any changes.
Access to the User Account is secured by a username and password. It is your responsibility to keep these access details confidential and not to provide them to anyone. If they are misused, we bear no responsibility for it.
The User Account is personal, and you are not authorized to allow third parties to use it.
We may cancel your User Account, especially if you do not use it for more than 12 months or if you violate your obligations under the Contract.
The User Account may not be available continuously, especially due to the necessary maintenance of hardware and software equipment.

V. PRICING AND PAYMENT TERMS, RESERVATION OF TITLE

The Price is always listed within the E-shop, in the Order proposal, and, of course, in the Contract. In case of a discrepancy between the Price listed for the Goods within the E-shop and the Price listed in the Order proposal, the Price listed in the Order proposal, which will always be identical to the price in the Contract, applies. The Order proposal also states the Shipping Price or conditions under which shipping is free.
The total price includes VAT and all fees required by law.
We will require payment of the Total Price from you after concluding the Contract and before handing over the Goods. You can pay the Total Price using the following methods:

a) Bank transfer. Payment information will be sent to you as part of the Order confirmation. In the case of bank transfer payment, the Total Price is due within 3 calendar days.

b) Online card payment. In this case, payment is made through the Shoptetpay payment gateway, and the payment is governed by the terms of this payment gateway, available at: https://www.shoptet.cz/obchodni-podminky/. In the case of online card payment, the Total Price is due within 3 calendar days.

c) Cash on delivery. In this case, payment is made upon delivery of the Goods against the handover of the Goods. In the case of cash on delivery payment, the Total Price is due upon receipt of the Goods.

d) Cash upon personal collection. You can pay in cash if you pick up the Goods at our Tea Chamber (Vyšehradská 11, Prague 2 - Lesser Town, postal code 128 00). In the case of cash payment upon personal collection, the Total Price is due upon receipt of the Goods.
An invoice will be issued electronically after the Total Price is paid and will be sent to your email address. The invoice will also be physically attached to the Goods and available in the User Account.
Ownership of the Goods transfers to you only after you pay the Total Price and take possession of the Goods. In the case of bank transfer payment, the Total Price is paid when credited to Our account; in other cases, it is paid at the time of payment.

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS

The Goods will be delivered to you in the manner of your choice, with the following options available:

a) Personal collection at our Tea Chamber (Vyšehradská 11, Prague 2 - Lesser Town, postal code 128 00);

b) Personal collection at the pickup points of the Zásilkovna company;

c) Delivery through the shipping companies Zásilkovna and GLS Europe;
The Goods can be delivered both within the Czech Republic or any other sovereign country.
The delivery time of the Goods always depends on their availability and the chosen delivery and payment method. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you via email about the possibility of picking up the Goods.
Upon receiving the Goods from the carrier, you are required to check the integrity of the Goods' packaging and immediately notify the carrier and Us of any defects. If there is any damage to the packaging indicating unauthorized tampering and access to the shipment, you are not required to accept the Goods from the carrier.
If you fail to accept the Goods, except in cases under Article VI.4 of the Terms, this does not constitute a breach of Our obligation to deliver the Goods to you. Also, your failure to accept the Goods does not constitute a withdrawal from the Contract between Us and you. However, in such a case, We have the right to withdraw from the Contract due to your substantial breach of the Contract. If We decide to exercise this right, the withdrawal is effective on the day we deliver this withdrawal notice to you. Withdrawal from the Contract does not affect the right to payment of the Shipping Price or the right to compensation for any damage caused.
If the Goods are to be delivered repeatedly or in a different manner than agreed in the Contract due to reasons on your part, you are obliged to reimburse Us for the costs associated with this repeated delivery. Payment details for these costs will be sent to your email address specified in the Contract and are due 14 days from the delivery of the email.
The risk of damage to the Goods transfers to you when you take possession of them. If you do not accept the Goods, except in cases under Article VI.4 of the Terms, the risk of damage to the Goods transfers to you at the moment you had the opportunity to take possession of them but did not do so due to reasons on your part. The transfer of risk of damage to the Goods means that from this moment on, you bear all the consequences associated with the loss, destruction, damage, or any depreciation of the Goods.
If the Goods were not listed as in stock on the E-shop and an estimated availability time was stated, we will always inform you in the case of:

a) an extraordinary production outage of the Goods, informing you of the new expected availability time or information that it will not be possible to deliver the Goods;

b) a delay in the delivery of the Goods from Our supplier, informing you of the new expected delivery time.
If We are unable to deliver the Goods to you even within 30 days of the expiration of the delivery time stated in the Order confirmation, for any reason, both We and you are entitled to withdraw from the Contract.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

We guarantee that at the time the risk of damage to the Goods is transferred according to Article VI.7 of the Terms, the Goods are free of defects, in particular, that:

a) they have the properties agreed upon with you, and if not explicitly agreed upon, then those stated in the description of the Goods, or those that can be expected given the nature of the Goods;

b) they are suitable for the purposes stated or for the purposes typical for such Goods;

c) they correspond to the quality or design of an agreed sample, if the quality or design was determined according to a sample;

d) they are in the appropriate quantity and weight;

e) they meet the requirements stipulated by legal regulations;

f) they are not encumbered by third-party rights.

The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially 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, as amended).
In case the Goods have a defect, especially if any of the conditions under Article VII.1 are not met, you can report such a defect to Us and assert rights from defective performance (i.e., make a complaint about the Goods) by sending an email or letter to Our addresses listed under Our identification details. When asserting rights from defective performance, you need to choose how you want the defect to be resolved, and you cannot subsequently change this choice without Our consent, except in cases under Article 7.4. We will handle the complaint in accordance with the rights you asserted from defective performance. If you do not choose a resolution for the defect, you have the rights specified in Article 7.5 even in situations where defective performance constituted a substantial breach of the Contract.
If defective performance is a substantial breach of the Contract, you have the following rights:

a) to have the defect removed by delivering new Goods without defects, or by delivering the missing part of the Goods;

b) to have the defect removed by repairing the Goods;

c) to a reasonable discount on the Price;

d) to withdraw from the Contract.

If you choose the resolution according to points a) or b) and We do not remove the defect within a reasonable period that We specified, or if We inform you that We will not remove the defect in this way at all, you have the rights according to points c) and d), even if you did not initially demand them within the complaint. Also, if you choose to have the defect removed by repairing the Goods and We find that the defect is irreparable, We will inform you and you can choose another way to remove the defect.

If defective performance is an insignificant breach of the Contract, you have the following rights:

a) to have the defect removed by delivering new Goods without defects, or by delivering the missing part of the Goods;

b) to have the defect removed by repairing the Goods;

c) to a reasonable discount on the Price.

However, if We do not remove the defect on time or refuse to remove the defect, you have the right to withdraw from the Contract. You can also withdraw if you cannot use the Goods properly due to the repeated occurrence of defects after repair or due to a larger number of defects in the Goods.

In the case of both substantial and insignificant breaches, you cannot withdraw from the Contract or demand the delivery of a new item if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:

a) if the condition of the Goods has changed as a result of an inspection to identify a defect;

b) if the Goods were used before the defect was discovered;

c) if the impossibility of returning the Goods in an unaltered state was not caused by your action or omission;

d) if you sold, consumed, or altered the Goods during normal use before discovering the defect; if this was only partial, you must return the part of the Goods that can be returned and We will refund the part of the Price corresponding to your benefit from using part of the Goods.

Within 3 days of receiving your complaint, We will confirm by email that We have received the complaint, when We received it, and the expected time for handling the complaint. We will handle the complaint without undue delay, but no later than 30 days from its receipt. This period can be extended by mutual agreement. If this period expires without result, you can withdraw from the Contract.
We will inform you about the resolution of the complaint by email. If the complaint is justified, you are entitled to reimbursement of the reasonably incurred costs. You must prove these costs, e.g., by receipts or confirmations of transportation costs. If the defect is removed by delivering new Goods, you are obliged to return the original Goods to Us, and We will cover the costs of this return.
If you are a businessperson, you are obliged to report and point out the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.
If you are a consumer, you have the right to assert rights from defective performance for a defect that occurs in consumer Goods within 24 months of receiving the Goods.
The provisions regarding rights from defects do not apply in the following cases:

a) Goods sold at a lower Price for a defect for which the lower Price was agreed;

b) wear and tear of the Goods caused by their usual use;

c) used Goods for a defect corresponding to the level of use or wear the Goods had when you took them over;

d) where it follows from the nature of the Goods.

VIII. WITHDRAWAL FROM THE CONTRACT

Withdrawal from the Contract, i.e., termination of the contractual relationship between Us and you from its inception, can occur for reasons and in ways stated in this article or other provisions of the Terms where the possibility of withdrawal is explicitly mentioned.
If you are a consumer, i.e., a person buying Goods outside the scope of your business activities, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods in accordance with the provisions of Section 1829 of the Civil Code. If we have concluded a Contract involving multiple types of Goods or the delivery of several parts of Goods, this period starts from the date of delivery of the last part of the Goods, and if we have concluded a Contract based on which We will deliver the Goods regularly and repeatedly, this period starts from the date of delivery of the first delivery. You can withdraw from the Contract in any provable way (especially by sending an email or letter to Our addresses listed under Our identification details).
However, as a consumer, you cannot withdraw from the Contract in the following cases where the subject of the Contract is:

a) Goods whose Price depends on fluctuations in the financial market that We cannot influence and that may occur during the withdrawal period;

b) the delivery of alcoholic beverages that can only be delivered after thirty days and whose Price depends on fluctuations in the financial market beyond Our control;

c) Goods customized according to your wishes or for your person;

d) Goods that are perishable or goods that were irreversibly mixed with other goods after delivery;

e) Goods in sealed packaging that were removed from the packaging and cannot be returned for hygienic reasons;

f) the delivery of audio or video recordings or computer software if you have broken their original packaging;

g) the delivery of newspapers, periodicals, or magazines;

h) the delivery of digital content, if it was not delivered on a tangible medium and was delivered with your prior explicit consent before the withdrawal period expired, and We informed you that you do not have the right to withdraw from the Contract.

The withdrawal period according to Article VIII.2 of the Terms is considered to be maintained if you send Us a notice of withdrawal within this period.
In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account specified in the withdrawal. However, the amount will not be refunded before you return the Goods to Us or prove that the Goods have been sent back to Us. Please return the Goods clean and, if possible, in the original packaging.
In the event of withdrawal from the Contract according to Article VIII.2 of the Terms, you are obliged to send the Goods to Us within 14 days of withdrawal and bear the costs associated with returning the Goods to Us. You are entitled to a refund of the shipping costs, but only up to the amount corresponding to the cheapest shipping method offered by Us for delivering the Goods. In the event of withdrawal due to Our breach of the Contract, We will also cover the costs associated with returning the Goods to Us, again only up to the amount corresponding to the cheapest shipping method offered by Us for delivering the Goods.
You are liable for damages if the Goods are damaged due to your handling in a way other than necessary to ascertain the nature and characteristics of the Goods. In such a case, We will invoice you for the damage caused after the Goods are returned to Us, and the due date of the invoiced amount is 14 days. If We have not yet refunded the Price, We are entitled to offset the claim for damages against your claim for the return of the Price.
We are entitled to withdraw from the Contract at any time before delivering the Goods to you if there are objective reasons why the Goods cannot be delivered (especially reasons on the part of third parties or reasons related to the nature of the Goods), even before the period stated in Article VI.9 of the Terms. We may also withdraw from the Contract if it is evident that you intentionally provided incorrect information in the Order. If you have already paid the Price in part or in full, this amount will be refunded to your account within 14 days of withdrawal from the Contract.
If you are given a gift with the Goods, the gift agreement is concluded with the condition that if you withdraw from the Contract, the gift agreement for such a gift ceases to be effective, and you are obliged to return the gift to Us along with the Goods.

IX. REGISTRATION ON THE WEBSITE

By registering via the registration form on the Website, a user account is created. Keep your access data to your user account confidential. We are not responsible for any misuse of the user account by a third party.
The information provided during registration must be accurate and complete. You must update your user account in case of any changes to the information.
Through the user account, you can primarily order Goods, track Orders, and manage your user account. Any other functions of the user account are always stated on the Website.
We can cancel your user account without compensation if the account is not used for more than 1 year or if you violate your obligations under the Contract.
We may modify the user account interface, especially its technical solutions and functionalities.

X. ELECTRONIC COMMUNICATION

All communication between Us and you, especially regarding the Contract, can be conducted electronically via email.
For the purposes of communication, We will use the email address provided in the Order or your user account. We will send emails to you to the email address provided in the Order or your user account.
Electronic communication is also considered to be delivery of documents, including invoices, notices, and other information.

XI. FINAL PROVISIONS

If any provision of the Terms is or becomes invalid, the invalidity of such a provision does not affect the validity of the other provisions of the Terms.
The Contract, including the Terms, is governed by Czech law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Any disputes arising from or related to the Contract will be resolved by the competent courts of the Czech Republic.
The Terms are available on the Website and you can archive them. The Contract is archived by Us in electronic form and is not accessible.
We can change or supplement the Terms. Your rights and obligations are always governed by the Terms under which they arose.
The Contract, including the Terms, is archived electronically by Us, but it is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order via email, so you will always have access to the Contract without Our assistance. We recommend that you always save the Order confirmation and the Terms.
These Terms take effect on April 8, 2023.