General Terms and Conditions
These terms and conditions apply to purchases made on the www.cannio.eu online store operated by CANNIO Distribution s.r.o., registered at Plzeňská 2621/2, Zábřeh, 700 30 Ostrava, ID: 19480377. The company is registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File No. 93031.
Email: info@cannio.eu
Info line: +420 776 548 207
Complaint phone number: +420 704 484 194
INTRODUCTORY PROVISIONS
The general terms and conditions of CANNIO Distribution s.r.o. (hereinafter referred to as the “general terms and conditions”) govern the mutual rights and obligations of the parties arising from or based on a purchase agreement (hereinafter referred to as the “purchase agreement”) concluded between the seller and another natural or legal person (hereinafter referred to as the “buyer”) through the seller’s online store. The seller operates the online store at the internet address www.cannio.eu via a web interface (hereinafter referred to as the “web store interface”).
The general terms and conditions also govern the rights and obligations of the contracting parties when using the seller’s website at www.cannio.eu (hereinafter referred to as the “website”) and other related legal relationships. The general terms and conditions do not apply to cases where the person intending to purchase goods from the seller acts in the course of their business activity.
Deviations from the general terms and conditions can be stipulated in the purchase agreement. Provisions in the purchase agreement that differ from the general terms and conditions take precedence over the provisions of the general terms and conditions.
The provisions of the general terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are prepared in Czech. The purchase agreement may also be concluded in Czech.
The seller reserves the right to amend or supplement the text of the general terms and conditions. This provision does not affect rights and obligations arising during the validity period of the previous version of the terms and conditions.
The buyer can access their user interface based on their registration on the website. The buyer can order goods from their user interface (hereinafter referred to as the “user account”). The buyer can also order goods without registration directly from the web store interface.
The buyer is obliged to provide accurate and truthful information during registration and purchase. The buyer must update the data in their user account if there are any changes. The seller considers the data provided in the user account and during the purchase as correct.
Access to the user account is secured by a username and password. The buyer must maintain confidentiality regarding the information needed to access their user account and acknowledges that the seller is not responsible for any breach of this obligation by the buyer.
The buyer is not authorized to allow third parties to use the user account.
The seller reserves the right to delete the user account, especially if the buyer has not used the account for over two years or if the buyer violates the obligations arising from the purchase agreement (including the general terms and conditions).
The buyer acknowledges that the user account may not always be available, especially during necessary maintenance of the seller’s hardware and software equipment or third-party hardware and software equipment.
CONCLUSION OF THE PURCHASE AGREEMENT
The web store interface contains a list of goods offered for sale by the Seller, including the prices of the individual goods. The prices of the goods offered include VAT and all associated fees. The goods offered for sale and their prices remain valid as long as they are displayed on the web store interface. This provision does not limit the Seller’s ability to conclude a purchase agreement under individually negotiated terms. All offers to purchase goods listed on the web store interface are non-binding, and the Seller is not obliged to conclude a purchase agreement regarding these goods.
The web store interface also includes information about the costs associated with packaging and delivering the goods. The information regarding the costs of packaging and delivering the goods listed on the web store interface is only valid if the delivery of the goods occurs within the territory of the Czech Republic.
To order goods, the Buyer must complete the order form on the web store interface. The order form particularly contains information about:
•The ordered goods (the Buyer places the selected goods in the electronic shopping cart of the web store interface),
•The method of payment for the purchase price of the goods and the requested delivery method for the ordered goods,
•Information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”).
Before sending the order to the Seller, the Buyer is entitled to check and modify the data entered in the order, including the ability to identify and correct errors arising from data entry. The Buyer submits the order to the Seller by clicking on the “Complete Order” button. The Seller considers the information provided in the order to be correct. The Seller will confirm receipt of the order to the Buyer immediately after its receipt by sending an email to the Buyer’s email address provided in the order (hereinafter referred to as the “Buyer’s email address”).
Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to request additional confirmation of the order from the Buyer (e.g., in writing or by telephone).
The contractual relationship between the Seller and the Buyer is established upon the delivery of the acceptance of the order (acceptance), which the Seller sends to the Buyer via email to the Buyer’s email address.
The Buyer acknowledges that the Seller is not obliged to conclude a purchase agreement, particularly with persons who have previously significantly breached a purchase agreement (including the terms and conditions).
By concluding the purchase agreement, the Buyer declares that they are at least 18 years of age! The Seller reserves the right to cancel the order if there is any doubt regarding the Buyer’s age, especially when purchasing goods containing alcohol or tobacco products.
The Buyer agrees to the use of remote communication means when concluding the purchase agreement. Any costs incurred by the Buyer in using remote communication means in connection with concluding the purchase agreement (internet connection costs, telephone call costs) shall be borne by the Buyer.
PRICE OF GOODS AND PAYMENT TERMS
The prices of goods are valid at the time of the order. This price is indicated in the order and in the email confirming receipt of the goods purchase. The price always includes the applicable VAT rate.
The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement to the Seller in the following ways:
•In cash upon delivery,
•By bank transfer to the Seller’s account at ČS, a.s., account number: 2216981273/0800 (hereinafter referred to as the “Seller’s account”),
•Cashless online payment by card.
The Buyer is also obligated to pay the Seller the costs associated with packaging and delivering the goods along with the purchase price. Unless explicitly stated otherwise, the purchase price includes the costs associated with the delivery of the goods.
In the case of cash payment, the purchase price is payable upon receipt of the goods. For cashless payment, the purchase price is due within 14 days of concluding the purchase agreement.
For cashless payments, the Buyer is required to include the variable symbol of the payment when paying the price of the goods. The Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.
Discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
The Seller will issue a tax document (invoice) to the Buyer for payments made under the purchase agreement. The Seller is a VAT payer.
DELIVERY AND SHIPPING TERMS
The Seller confirms the receipt of the order to the Buyer via email. Goods are typically dispatched within five business days from the receipt of the order (or, in the case of prepayment, after the amount is credited to the Seller’s account). If the goods are out of stock, the Seller will notify the Buyer and arrange further steps.
The method of delivery and the related charges are determined by the shipping information section, which is an integral part of these general terms and conditions.
For goods shipped via Czech Post, the maximum weight of a single parcel is 30 kg. For personal collection in Ostrava, there are no weight limits on the ordered goods.
When receiving the order, if the purchased goods include alcohol or tobacco products, the Buyer may be required to verify their age.
The Buyer is obligated to properly accept the goods from the carrier, check the integrity of the packaging, and immediately report any defects to the carrier. If the packaging is damaged in a way that suggests unauthorized tampering or shows clear signs of rough handling, the Buyer is advised not to accept the shipment.
FAILURE TO ACCEPT ORDERED GOODS
By concluding the purchase agreement, the Buyer is obligated to accept the ordered goods. If the Buyer breaches this obligation, they are liable for damages caused to the Seller, including additional costs associated with returning the goods.
WITHDRAWAL FROM THE CONTRACT
The Buyer has the right to withdraw from the contract for any reason or without giving a reason within 14 days of receipt of the goods by the Buyer or by a third party authorized by the Buyer (other than the carrier). If multiple items are ordered in one order and delivered separately, or if the goods consist of several parts or items, the withdrawal period begins on the day the last piece, item, or part is received. If the contract stipulates regular delivery of goods for a defined period, the withdrawal period begins on the day the first delivery is received. The first day of the 14-day withdrawal period always starts the day after the goods are received. The withdrawal period is considered valid if the withdrawal notice is sent before its expiration.
Withdrawal from the contract is not allowed for goods that are perishable or have a short shelf life, or goods that, due to their nature, become irreversibly mixed with other goods after delivery. The Buyer also cannot withdraw from the contract for goods delivered in sealed packaging, which were unsealed by the Buyer and cannot be returned for hygiene reasons.
The Buyer may withdraw from the contract by making any clear declaration to the Seller. The Buyer may use the withdrawal form template, though this is not mandatory. When withdrawing from the contract, the Buyer’s name must be specified. To expedite processing, it is recommended that the Buyer provide proof of purchase. The Buyer must make it clear to the Seller that they are withdrawing from the contract; simply returning the goods is not sufficient.
If the Buyer exercises their right to withdraw, they agree to return or send the goods to the Seller’s address without undue delay, no later than 14 days from the withdrawal. The goods must be secured to prevent damage during transport. The deadline is met if the goods are sent before the 14-day period expires. Goods cannot be returned COD (cash on delivery). The costs of returning the goods are borne by the Buyer.
The Seller is obligated to refund all amounts received from the Buyer (including the cost of delivery of goods to the Buyer) without undue delay, but no later than 14 days after the withdrawal from the contract, using the same method of payment the Buyer used. However, if the Seller offers multiple delivery methods, the Seller is only required to reimburse the Buyer for the cost of the cheapest available delivery method.
The Buyer is responsible for any reduction in the value of the goods caused by handling the goods in a manner other than necessary to determine the nature, characteristics, and functionality of the goods. The Seller is entitled to demand compensation for the depreciation in value. The Seller is not obligated to refund the purchase price to the Buyer until the goods are received or until the Buyer proves that the goods have been returned to the Seller.
The Seller may withdraw from the contract until the goods are dispatched, especially if the goods are unavailable, the price of the goods changes significantly, or if there is doubt about the Buyer’s age when ordering alcohol or tobacco products.
RIGHTS AND OBLIGATIONS ARISING FROM DEFECTIVE PERFORMANCE
The Seller is liable for defects in the goods at the time of receipt, even if the defect only becomes apparent after receipt. The Buyer has no rights arising from defective performance if the defect was caused by the Buyer. Normal wear and tear resulting from regular use is not considered a defect.
The Buyer may claim defects within two years of receiving the goods. This period does not include the time during which the Buyer cannot use the goods due to a reported defect. Within one year of receipt, it is presumed that the defect existed at the time of receipt unless the nature of the goods or the defect excludes this possibility.
The Buyer must file a complaint immediately after discovering the defect with the Seller or the person designated for repair. When filing a complaint, the Buyer must provide contact information, a description of the defect, and the preferred method of resolving the complaint. The Buyer must also provide proof of purchase (e.g., a receipt) and hand over or send the defective goods to the Seller without undue delay.
If the defect can be remedied, the Buyer has the right to have the defect remedied free of charge within a reasonable time, in a manner that does not cause undue inconvenience. The remedy may involve either repairing the goods or delivering new goods. The choice of remedy belongs to the Buyer unless the chosen method is impossible or disproportionately expensive compared to the other.
Complaints, including the resolution of defects, must be resolved within 30 days from the date the complaint is filed unless a longer period is agreed upon by the Seller and Buyer. If the Seller refuses to remedy a defect or if a remedy is impossible or unreasonably costly, the Buyer has the right to withdraw from the contract or request a reasonable discount on the purchase price.
The Buyer cannot withdraw from the contract if the defect is insignificant. If a defect results in a substantial breach of the contract, the Buyer has the right to withdraw from the contract immediately.
DISPUTE RESOLUTION
The Czech Trade Inspection Authority (CTIA), with its registered office at Štěpánská 567/15, 120 00 Prague 2, identification number: 000 20 869, internet address: http://www.coi.cz, is the competent authority for the out-of-court resolution of consumer disputes arising from the purchase agreement between the Seller and the Buyer.
Out-of-court dispute resolution can only be initiated upon the Buyer’s request if the dispute could not be resolved directly with the Seller. The Buyer may file the request within one year from the date they first exercised their right, which is the subject of the dispute, against the Seller.
Disputes can also be resolved online via a dedicated platform available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=CS. Customers may also submit complaints to the Czech Trade Inspection Authority, the state supervisory authority for consumer protection.
PROTECTION OF PERSONAL DATA
The Seller collects personal data from Buyers, specifically their first name, last name, residential or delivery address, and contact information (phone, email). Data processing and collection are carried out automatically through forms completed by the Buyer. The Buyer agrees to notify the Seller of any changes to this data so the Seller can comply with their obligation to manage only valid and up-to-date information.
All personal data is stored in compliance with the legal regulations of the Czech Republic. The Seller is authorized to process personal data provided voluntarily by the Buyer without their explicit consent for the purpose of fulfilling the purchase agreement and obligations arising from other legal regulations (particularly accounting and tax regulations).
The Seller ensures that unsubscribed Buyers will no longer receive commercial communications and information.
As part of the Verified by Customers program, in which the Seller’s online store participates, satisfaction surveys are sent via email to assess the shopping experience. These surveys are sent after every purchase unless the Buyer has refused to receive them under Section 7(3) of Act No. 480/2004 Coll., on Certain Information Society Services. Personal data processing for sending surveys as part of the Verified by Customers program is based on the Seller’s legitimate interest in determining customer satisfaction with purchases.
The Seller uses the services of Heureka.cz, the operator of the Heureka.cz portal, as a data processor for sending surveys, evaluating feedback, and analyzing market position. For this purpose, information about the purchased goods and the Buyer’s email address may be shared with Heureka.cz. The Buyer’s personal data is not shared with third parties for their own purposes when sending email surveys.
The Buyer may object to receiving email surveys under the Verified by Customers program at any time by using the link in the email containing the survey. Upon objection, no further surveys will be sent.
FINAL PROVISIONS
The Seller reserves the right to amend the terms and conditions. The amended terms will be appropriately published on the website www.cannio.eu.
These terms and conditions take effect from December 1, 2024.