Terms and Conditions

Terms and Conditions

a0Basic Provisions

1.Subject of the GTC – These general terms and conditions (hereinafter referred to as the “GTC”) govern the sale of the products specified below by the seller, Ing. Jana Holzbecherová, Company ID No.: 74404725, VAT ID No.: CZ8653094153, with its registered office at Podemlýn 286/47, Lelekovice, 664 31, registered in the Commercial Register maintained by the Regional Court in Brno under file No. Ref. no. B 7072 (hereinafter referred to as the “Seller”), and their purchase by the customer and the resulting mutual rights of the Seller and the Buyer.

2.The Seller’s business activity – the Seller focuses its activity on the cultivation of ornamental plants.

3.Agreement to the GTC – The Customer is obliged to familiarize themselves with these GTC before concluding the Contract, which are available on the Seller's Website www.wooden cup.shop . By concluding the Agreement, the Customer expresses consent to these GTC. The provisions of these GTC form an integral part of the Agreement.

Ordering plants

Plant orders are placed via the electronic tool of the online store www.wooden cup.shop . The order is understood as a proposal by the Buyer to conclude the Contract.

 An order shall be deemed accepted if its acceptance is confirmed to the Buyer in writing at the email address provided by the Buyer. Confirmation of receipt of the order means that the Seller has received the necessary information to process the Buyer's order, their payment, and their acceptance of the terms and conditions of the online store www.wooden cup.shop . Confirmation of receipt of the order does not automatically guarantee the full availability of all items in the order in the required quality, given  the nature of the goods sold – live plants.

 After accepting the order and receiving payment, the Seller will inspect the ordered goods. In the event that some of the requested plants do not meet the quality suitable for sale (typically pests, seedlings that are too young, etc.), the Seller shall inform the Buyer without undue delay. The Buyer then has the option to cancel the entire order, or to agree with the Seller to remove these items from their order. In the event of items being removed, the Seller shall return to the Buyer without undue delay an amount corresponding to the price of the removed items. In the event of cancellation of the order, the Seller shall refund the Buyer the full amount paid without undue delay. If the Seller considers the order to be highly risky to fulfill, the Seller may also cancel the order. In this case, the Seller shall promptly inform the Buyer of this fact and shall promptly return the paid funds in full.

The contract is deemed concluded at the moment when the Seller verifies the quality of the ordered plants and confirms to the Buyer by e-mail the possibility of their delivery.The order is considered fulfilled at the moment the goods are handed over to the carrier.

Plant availability

Online store www.wooden cup.shop allows orders to be placed only during the spring and autumn seasons. Outside this period, the online store does not allow orders to be placed – if necessary, you can contact us by email at info@holzbecher.cz.

 Plants are displayed in the currently available quantity, regardless of their phenological phase (sprouting, vegetative growth, flowering, dieback of bulbous plants, or dormancy). 

If plants are ordered during the dormancy phase, the Seller may not be able to clearly verify and guarantee their viability. In such a case, the Seller shall propose to the Buyer to postpone the delivery date until the dormant plants begin to sprout; or the option to remove the ordered plants from the order (in such a case, the Seller undertakes to promptly refund to the Buyer the amount already paid corresponding to the price of the plants removed from the order). The Buyer also has the option to cancel the entire order, and the Seller will then refund the full amount paid.

 Plant price

Prices listed in the online store on the website www.holzbecher.shop are final for the end consumer (including VAT).

In the event that an error occurs on the seller’s side in stating the price of goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this clearly erroneous price, even if the buyer has been sent an automatic confirmation of receipt of the order in accordance with these terms and conditions. The seller shall inform the buyer of the error without undue delay and send the buyer information about the correct price. In this case, the order will be canceled and the funds paid will be returned to the Buyer in full. The buyer may then place a new order through the electronic tool of the online store.

Payments

Online store www.wooden cup.shop only allows payments through the payment gateway by credit card. In the event that the Seller refunds the Buyer part or all of the amount paid, the funds will be returned exclusively to the account from which the payment was made. This procedure also applies to complaints, withdrawal from the contract, or cancellation of the order.

Tax document

The seller encloses the invoice (tax document) as part of the packaging of the shipped goods. The invoice also serves as a delivery note, plant passport, proof of payment for the goods, and replaces the warranty certificate.

Delivery times and delivery of goods

In general, the Seller undertakes to deliver the ordered plants as soon as possible, no later than within 21 days from receipt of the order. Since these are live plants, the Seller reserves the right to change the delivery date so that the goods arrive to the Buyer undamaged. The reason for the Seller's intervention in the delivery date is, for example, the outdoor temperature. In such a case, the Seller shall notify the Buyer of the reason for the delay in the delivery date and shall attempt to estimate a new delivery date. Orders are processed in the order they are received.

Shipping and packaging

Plants are delivered via courier service. The Buyer will receive information from the Seller about the shipment dispatch; the delivery date is then communicated in more detail by the courier service.

The Buyer undertakes to provide the necessary cooperation when taking delivery of the goods. Since this is perishable goods, the Buyer undertakes to collect the goods from the courier service within 2 days of the courier service’s first delivery attempt. The buyer can modify the delivery date and address for the plants. If the Buyer does not accept the goods within the agreed period, this shall not constitute a cancellation, withdrawal from the contract, or a failure by the Seller to fulfill the obligation to deliver the goods. This constitutes a material breach of the purchase agreement, as a result of which the Seller ceases to guarantee the quality of the delivered plants. In such a case, the Buyer loses the right to substitute performance (delivery of new plants at the Seller's expense) as well as to a refund from the Seller.

Before the goods are handed over to the courier service, they will be packed in a suitable manner for transport. This includes all necessary preparation of the ordered plants so that they can be practically packed. This explicitly involves removing parts of plants that exceed the dimensions of the box, or whose retention increases the risk of more serious damage to the entire plant during transport. These are explicitly the stems, flowers, or leaves of plants. The Seller shall carry out the trimming of the plants in such a way as not to damage the plants' potential for further successful growth. The Buyer undertakes to accept and respect such modification.

Upon receipt of the shipment, the Buyer is obliged to inspect the quality and completeness of the delivered goods and immediately unpack the plants, water them, and place them outdoors in an area with diffused sunlight. In the event of any identified discrepancies, the Buyer must notify the Seller of this fact without undue delay by e-mail at info@holzbecher.cz . Any delay may result in the replacement of the goods not being possible.

Damaged package during transport

In the event of mechanical damage to the package during transport, the Buyer is required to accept the shipment. If they do not do so, the packaged plants will die if left in the parcel for too long.

In the event of mechanical damage to the package, the buyer must photograph the package immediately upon receipt, then unpack it, water the plants, and place them outdoors in a location with diffused sunlight. In the event of damage to the contents, they will photograph the damaged contents. The photographs together with a description of the circumstances shall be sent to the Seller by e-mail at info@holzbecher.cz .

Plant Care 

For the plants offered, on the pages of the online store www.wooden cup.shop general instructions for growing specific species. Because we also want to offer customers rarities that are unavailable on the regular market due to the complexity of their propagation or cultivation, we are happy to help customers consult in advance on the specific suitable conditions for growing them. You can send inquiries to info@holzbecher.cz, ideally include a photo of the site and a phone contact. 

Please note that the frost resistance information for plants assumes they are planted in the ground. When planting plants in containers, there is often a reduction in the plants' frost tolerance, as they cannot fully take advantage of all the principles of temperature distribution in the soil. A container is not their primary natural environment.

Poisonous plants

Some plants sold may contain poisonous or health-harming substances and may be dangerous if ingested or upon contact with the skin or eyes. The buyer is obliged, before use, planting, and any further handling of the plant, to familiarize themselves with its properties and take appropriate measures to prevent its ingestion or dangerous contact, especially by children and animals.

The seller shall not be liable for harm arising as a result of improper or careless handling of the plant, its ingestion, or contact with it, unless the harm was caused by a breach of the seller’s legal obligation or by a defect for which the seller is liable under applicable law.

Complaints Procedure

The right arising from liability for defects (“Complaint”) may only be exercised for goods purchased from the Seller and within the warranty period. Customers retain all statutory rights arising from liability for defects under the legal regulations applicable to the given sale. 

Official harmonized notice pursuant to European Commission Regulation (EU) 2019/2161: In the event of defective goods, the consumer has statutory rights arising from liability for defects. The statutory liability period for defects is at least 2 years from receipt of the goods, or it may be longer under the legal regulations of the relevant country.

The Seller is responsible for ensuring that the plants delivered, upon acceptance by the Buyer, conform to the agreed description, species and variety, and are free from defects that would prevent their usual use or would be contrary to the Contract.

The seller shall not be liable for damage to or death of plants caused in particular by unprofessional or inappropriate care, unsuitable placement, improper watering, fertilization or winterization, mechanical damage after acceptance, damage caused by natural elements, animals, plant diseases or pests that arose or manifested after acceptance of the plants, or by any other circumstances that did not arise as a result of a defect existing at the time of delivery. 

The Buyer should notify the Seller of any defect without undue delay after discovering it. Continued use of the goods may cause the defect to worsen, devalue the goods, and may affect the assessment of the legitimacy of the complaint.

Upon delivery of the goods, the Buyer is obliged to inspect the delivered goods immediately upon receipt and report any apparent defects to the Seller without delay. A product complaint can be made by email at info@holzbecher.cz . The buyer will describe the defect found, attach the invoice, and a photograph of the claimed goods. The seller will subsequently respond with their position and instructions for the next steps to successfully process the complaint. The Seller undertakes to settle the complaint within 30 days of its receipt, unless otherwise agreed with the Buyer. The seller handles the complaint by sending new goods if available, or by refunding the amount for the claimed goods. 

In the event of an accepted complaint, the Seller may request the return of the defective goods (for example, an incorrectly delivered type of plant), and in this case the Seller shall bear the shipping costs. The Buyer undertakes to provide the necessary cooperation to the Seller. This consists of caring for the defective plants until they are collected by the courier and packaging them for transport. 

Withdrawal from the Contract

The Buyer is obliged to notify the Seller of their intention to withdraw from the Contract by email at info@holzbecher.cz. 

The Buyer has the right to withdraw from the concluded Agreement without stating any reason within 14 days from the moment the Buyer takes delivery of the goods. In the event of withdrawal from the contract, the contract is completely cancelled and the contracting parties are obliged to return to each other all performances they have already provided on its basis. Specifically in this case, the Buyer returns the purchased goods in an undamaged condition, including all accessories, and bears the costs associated with delivering the goods back to the Seller. The Seller shall, without undue delay, refund the paid amount in full to the Buyer after receiving the purchased goods in undamaged condition, or after receiving proof of posting demonstrating that the goods have been sent back to the Seller – whichever occurs first. The Seller may offer its own collection of the returned goods at its own expense, and the Buyer then undertakes to accept the offer, thereby saving on transport costs. Instructions for returning the goods are sent by the Seller to the Buyer individually after receiving information about withdrawal from the Contract. 

The Buyer shall also have the right to withdraw from the Contract on the grounds that the Seller fails to deliver the goods on time (meaning the general delivery period of 21 days; or the expiry of the specified substitute delivery deadline, if such deadline was set by the Seller).

The Buyer also has the right to withdraw from the contract for other statutory reasons.

If the Buyer changes their mind about the purchase before the Contract is concluded, this is technically not considered a withdrawal from the Contract. This is a cancellation of the order. The Buyer shall notify the Seller of the intention to cancel the order by email at info@holzbecher.cz and the Seller shall promptly refund the paid funds in full to the Buyer.

Returns

Whenever it becomes necessary for the Buyer to return purchased goods to the Seller, the goods shall be sent only after the Seller requests their return. At the same time, the Seller will attach recommendations regarding packaging, the choice of carrier, and, where applicable, taking photographic documentation of the returned goods before shipment. The recommendation is not binding; however, it protects against potential misunderstandings and is always proposed in the Buyer's best interest based on the best experience.

Personal Data Protection

All personal data of the Buyer are considered private and confidential by the Seller, are securely stored on protected servers, and are not provided to third parties. An exception is made for external transport services, and only if this is strictly necessary for the delivery of the goods to the Buyer.

Sending commercial communications

Sending commercial communications is carried out only with the Buyer's prior consent. The purchase itself is not considered consent to receive commercial communications. You can express your interest in receiving commercial communications on the online store website www.wooden cup.shop 

Cookie storage

According to the supplier of the Binargon e-shop

Contacts

 Ing. Jana Holzbecherová

Podemlýn 286/47

664 31

Lelekovice

Czech Republic

email: info@holzbecher.cz

tel: +420 732 340 830

Company ID: 74404725

VAT ID: CZ8653094153

Final Provisions

The contract is governed by the laws of the Czech Republic. This does not affect the protection afforded to the consumer by the laws of the state in which the consumer has their habitual residence. The general courts at the consumer's place of residence shall have jurisdiction to resolve disputes, unless the parties agree otherwise.

Consumer complaints are handled by the Seller via the email address info@holzbecher.cz. 

In the event of a dispute between the Buyer and the Seller, the Buyer may make use of the possibility of out-of-court dispute resolution. In the event of an unresolved dispute, the consumer may use the online consumer dispute resolution platform (ODR) available at https://ec.Europe.eu/consumers/odr. The competent authority for out-of-court settlement of consumer disputes in the Czech Republic is the Czech Trade Inspection Authority (https://www.coi.cz).