Terms and Conditions

GENERAL TERMS AND CONDITIONS GIVE ME A ROOM

Who are we, what do we do and what are these terms for?

You are currently reading the general terms and conditions of the Dej mi pokomovka e-shop (" Terms and Conditions "). We are the company DMP Group s.r.o., with registered office at Braunerova 514/1, Libeň, 180 00 Prague 8, identification number 097 72 618, registered in the commercial register kept at the Municipal Court in Prague under file number C 342302 (" Company " or " we "), and we operate the website of the Dej mi pokojovku e-shop available at www.dmp.cz (" Web "), which allows its users, i.e. you, to purchase a wide variety of plants (mainly houseplants), merchandise (such as our linens or T-shirts ) or various accessories intended not only for growing them (together as " Goods ") and also services in the form of workshops, renting plants, transplanting them and others (" Services "). You can find a complete overview of the Services, including a detailed description , here . In short, here you will find everything related to indoor plants and their cultivation. For simplicity, we use the term products with a capital "P" (" Products ") together for Goods and Services in the Terms.

And to help you navigate the Terms better, we use abbreviations with a capital first letter throughout the document.

At the beginning, we summarize the most important points in a few points, but we still recommend that you read the Terms and Conditions in their entirety:

• Our customers are our number one priority, so we always strive to achieve a solution that at the end of the day you and we will be happy with.
• We conclude the Agreement together through the Website, by placing the Product in the basket, filling in the required information and sending the order by clicking the "pay" button, at this point you conclude the Agreement with us.
• If you happen to order something by mistake (e.g. more pieces of Goods than you planned), we will be happy to accommodate you until the order is dispatched and modify or cancel the order free of charge. Just please let us know as soon as possible and together we will try to find a solution that suits both of us, if the order has not already been processed.
• For some of our Services (e.g. in the case of workshops), you do not have the right to withdraw from the Agreement.
• For Goods with instructions for use, please read it carefully.
• We do everything to ensure that the claim is handled fairly and as quickly as possible. Complete information on complaints can be found in article 11 et seq.
• We carefully guard your personal data. You can read about how we process your personal data here .
• We are happy to help you with anything. Therefore, if you have any questions or problems, be sure to write to us at info@dmp.cz or call us at +420 776 060 464.

The terms have the following parts:

• Who are we, what do we do and what are these terms for?
• A bit of the legalese at the beginning
• Do you have a customer account? And could I see him?
• How to order Products?
• Gift vouchers? We have!
• How can you pay us for Products?
• Delivery of Products
• Withdrawal from the Agreement
• Cancellation terms
• When can we change the Services?
• What about product complaints? How to proceed with a claim for Goods? How and when will we handle a claim for Goods?
• What about Service complaints? How to proceed with a Service complaint? How and when will we handle a Service complaint?
• How to resolve a dispute out of court?
• What to say in conclusion?

1. A bit of the legalese at the beginning

1.1. Terms and Conditions . These Terms govern our mutual rights and obligations arising in connection with or on the basis of a purchase contract or contract for the provision of services (" Contract ") between us as the operator of the Website and you, as a buyer or customer - a consumer, i.e. a person who concludes a Contract outside the scope of his business or similar activities (" Buyer " or " you "). These Terms are an integral part of the Agreement.

1.2. How to communicate with us . Unless we agree otherwise, you can use the following data to communicate with us at any time:
seat address: Braunerova 514/1, Libeň, 180 00 Prague 8
address of the establishment: Křižíkova 55/65, 186 00 Prague 8
warehouse address: U Pošty 1097/8, 180 00 Prague 8
e-mail: info@dmp.cz
phone: +420 776 060 464

2. Do you have a customer account? And could I see him?

2.1. Customer account . We will be pleased if you choose to set up a customer account on the Site (" Customer Account "). The latter provides various benefits such as an overview of orders, customer discounts and more. Of course, you can order Products from your Customer Account, but you can also make purchases without it.

2.2. Your data. You must provide correct and truthful information when registering for a Customer Account and when ordering Products. In case of any change to them, you are also obliged to update them in the Customer Account. We consider the data provided in the Customer Account and when ordering Products to be correct and true.

2.3. Security . Your Customer Account is secured by a username (e-mail address) and a password. You are required to maintain the confidentiality of such information required to access the Customer Account and should protect it against misuse. We are not responsible for any misuse of the Customer Account by third parties. You are not authorized to provide the customer account to third parties, it is only yours.

2.4. Misuse of data . In the event that you discover that the information needed to access your Customer Account could be stolen or misused, please notify us immediately. After agreement with you, we can block the Customer account.

2.5. Cancellation of customer account . Please note that we may cancel your Customer Account, especially if you do not use it for a long period of time (min. 12 months), or if you violate your obligations under the Agreement or Terms. However, this does not happen often and we will let you know in advance before deleting the Customer Account.

2.6. Website Availability . We try to prevent this from happening, but please note that the Customer Account or the Website may not be available continuously, particularly in light of the necessary maintenance of our hardware and software or the necessary maintenance of such third party equipment. However, we usually carry out such maintenance outside of normal daily hours.

3. How to order Products?

3.1. Presentation of Products. First of all, please note that all presentation of Products on the Website is of an informative nature and we are not obliged to enter into a Contract with respect to such Products.

3.2. Product price. For each Product, you will find its complete price, incl. VAT and all other charges (" Price "). At the end of the ordering process, you will find the final price, incl. VAT, postage and packaging. Prices are valid on the day of the Order.

3.3. Ways of ordering. You can place an order for Products (“ Order ”) as follows:
a) through the Customer Account after prior registration;
b) by filling in the order form without registration;
c) by telephone.

3.4. Order on the Web. You can order Products through the Website, where you will find information about the Product in question (e.g. the time and place of the workshop), its complete Price (including the Price for one month in the case of repeated refills, such as our plant subscription) , the method of payment of the Price and specific cancellation conditions, if they apply and are not part of the Conditions. Based on this information, you will create an Order.

3.5. Checking the Order. You can change any data at will before the binding sending of the Order. Please check them thoroughly as we believe them to be correct and true. Then complete the Order by clicking the "Pay" button. It is essential that you fill in all your information and confirm that you have read and agree to these Terms and Conditions before submitting the Order.

3.6. Your data. You are required to provide true, current and complete information in the Order. If you provide false, out-of-date or incomplete information, we are not responsible for any damage caused by this.

3.7. Conclusion of the Contract. By sending the Order, you conclude a Contract with us, on the basis of which you undertake to pay for the Product. By concluding the Agreement, we and you agree to follow these Terms. As soon as we receive the Order, we will confirm its receipt by e-mail. Together with the Order confirmation, we will also send you these Terms and Conditions in PDF format. If you choose to pay by bank transfer as part of the Order, the Agreement between us is concluded with a confirmation that we send to you by e-mail together with payment instructions. Even with this confirmation, we will send you the Terms and Conditions in PDF.

3.8. Telephone Order. If you order Products by telephone, we will email you our offer together with these Terms. In such a case, the contract between us will be concluded when we receive your written consent to such an offer by e-mail.

3.9. Means of communication. When concluding the Agreement, you agree to use remote means of communication. We must inform you that the costs incurred when using remote communication means in connection with the conclusion of the Agreement (in particular Internet connection or the costs of telephone calls) are paid by you, and these costs do not differ in any way from the standard rate.

3.10. An obvious technical error. In the event that there is an obvious technical error on our side when listing the Price of the Products on the Website or during the Order, we are not obliged to deliver the Products to you at this obviously incorrect Price. We will of course inform you of the error without undue delay and send you a changed offer by e-mail. This is considered a new draft of the Treaty. In such a case, the contract is concluded only with your confirmation that you agree with the new Price.

3.11. Additional confirmation. We reserve the right to contact you with a request for additional confirmation of the Order if the nature of the Order is unusual (for example, a large quantity or a high Price). The contract is concluded between us only when we receive this confirmation.

4. Gift vouchers? We have!

4.1. Gift vouchers. As part of the Products, we also offer gift vouchers, which are a great gift (not only) for your loved ones and which can be redeemed for any of our Products. Just choose its value on the website, fill in the required information in the Order and pay.

4.2. By email. We will send the gift voucher to the e-mail in the Order immediately after receiving the payment. Exceptionally, it can happen that the e-mail with the gift voucher falls into the spam folder, so please check this folder as well. If you can't find it there either, let us know by email and we'll be happy to resend it to you. You can pay us for a Gift Voucher in all the standard ways set out in the Terms and Conditions below and on the Website.

4.3. Unique code. You can redeem our gift vouchers only on our website, by entering its unique code as part of the ordering process, or in person at our establishment.

4.4. Gift Voucher Restrictions. You can only use the Gift Voucher for one Order and it cannot be redeemed for cash. Gift vouchers cannot be combined at the same time, only one can be used in one Order. The gift voucher cannot be used to purchase other vouchers.

4.5. Validity of the gift voucher. The gift voucher is valid for the period indicated on it and after its expiry the gift voucher cannot be redeemed or a refund can be requested.

4.6. Gift voucher value. A gift voucher has the value stated on it. If you do not use the entire value of the gift voucher in one Order, you can use the remainder (the difference between its value and the Order Price) on another Order, until the date of validity of the given gift voucher.

5. How can you pay us for the Products?

5.1. Payment methods. You can pay us for the Products in the following ways:
a) by payment card online;
b) by non-cash transfer to an account ;
c) gift voucher ;
d) via online payment via Paypal .

5.2. Bank transfer. If you choose to pay by bank transfer, you are obliged to pay the purchase price no later than 3 working days from the conclusion of the Agreement together with the indication of the payment symbol. The price is considered paid on the day the amount is credited to the Company's bank account.

5.3. Promotional offers. If any promotional offer is running on the Website, then it is valid until stocks last or for a period determined by us. Unless otherwise specified, any discounts cannot be combined in any way. 5.4. Invoice. After paying the Price, we will issue you a tax document - an invoice, which we will send to you electronically by e-mail.

5.5. Interest. We believe that this will never happen, but if it does, in the event of a delay in payment of the Prize, we may require you to pay interest on the delay.

6. Delivery of Products
How is the delivery of the Goods?

6.1. Within 30 days. We have most of the Goods in stock and ship them as soon as possible. Unless we agree otherwise, we will deliver the Goods to you no later than 30 days after the conclusion of the Contract. Otherwise, you have the right to withdraw from the Contract and we will then refund you the Price including the paid shipping costs (if you paid them).

6.2. Transport services. We send the ordered Goods to you via transport services, which you can find here and which you choose during the Order (we charge postage and packaging according to the current price list, which is always displayed on the Website as part of the ordering process).

6.3. Obligation to take over the goods. We will deliver the goods to the place specified in the Order, and you are then obliged to take them over. In the event that you do not accept it, we will consider it a withdrawal from the Contract and we will demand compensation from you for the costs associated with it. You are also obliged to pay the costs associated with repeated delivery of the Goods, if necessary.

6.4. Checking the shipment. When taking over the Goods, we recommend that you check the integrity of the package and, in the event of any defects, notify the carrier immediately. If the package is damaged, you do not have to accept the shipment from the carrier. However, in the case of plants, we ask that you accept the shipment despite the violation. With those, there is a risk that the carrier will not store them properly if you do not take them over and the plant will die unnecessarily. In this case, you can keep the damaged plant and try to weed it out. If you fail to do so, you can of course claim the Goods or withdraw from the Contract (within a standard period of 14 days).

6.5. Liability on taking over. You acquire ownership of the Goods by paying the full Price (including delivery costs), but first by taking over the Goods in accordance with the Contract. Responsibility for accidental destruction, damage or loss of the Goods passes to you at the moment of acceptance of the Goods or at the moment when you were obliged to accept the Goods, but did not do so in violation of the Agreement.

6.6. Transplanting plants. If you would like to order a Plant Repotting Service, please follow the instructions provided here . Please note that the transplanting of plants takes place at our premises and usually takes 1-2 working days. After the transfer, you will receive an email with the information to collect.

6.7. Kokedam repair. In case you want to order Kokedam Repair Service, please follow the instructions given here . Please note that the repair of the kokedam takes place again at our premises and usually takes 7 days. We will also send you an email with pickup information after the repair.

6.8. Workshops. If you want to buy our workshop, just choose from the offer on the websitehere . We offer both workshops with a fixed date and the option without a selected date (in this case, please contact us by e-mail or phone afterwards and we will agree on the date of the workshop together). Of course, you will find all the detailed information for each of the workshops (about the program, lecturer, duration, venue, etc.).

6.9. Plant subscription. If you are purchasing our plant subscription, please follow the instructions here . Every month we will send you a mysterious shipment with a plant of our choice, always no later than the 3rd week of the month to the address specified in the Order. If you wish to change the delivery date of the shipment, please send us an e-mail and we will agree on a new date.

6.10. Consent to earlier provision of the Service. You give prior express consent to the provision of Services before the expiration of the period for withdrawing from the Agreement. You acknowledge that in such a case you cannot withdraw from the provision of the Service, if it was performed with your prior express consent before the expiry of the withdrawal period. In practice, this means that, for example, you can cancel your plant subscription only if the first plant has not yet been sent to you. In such a case, the Contract is canceled from the beginning and we will return the Price paid to you. However, we can also agree on another method of returning the Prize, for example in the form of our credits (but of course you must agree to this). More information can be found in Article 7.

How does plant subscription work?

6.11. The choice is ours. You may have noticed that we also offer a Plant Subscription Service on the Website. In this case, you order a regular delivery of plants of our choice for a certain period of time (specified on the Website). The choice of plants is completely at our discretion and the fact that our selection does not match your ideas cannot be a reason for a complaint.

6.12. Cancellation of subscription. If you wish to end your plant subscription early, this is possible for credits. Read more about this in the cancellation policy section below.

7. Withdrawal from the Agreement
What about withdrawing from the Contract in the case of Goods?

7.1. Within 14 days. As a consumer, you have the option to withdraw from the Contract within 14 days of taking over the Goods when concluding the Contract on the Internet or via another means of remote communication, even without giving a reason. If we send the Goods to you in several shipments, the deadline is calculated from the receipt of the last shipment, on the contrary, if we deliver the Goods to you regularly, the deadline for withdrawal is calculated from the delivery of the first delivery.

7.2. Any unequivocal statement. You can withdraw from the Agreement by making any clear statement to us (e.g. by e-mail). To withdraw from the Agreement, you can also use the sample form that can be found in the appendix to these Terms and Conditions

7.3. Return of Goods and Prices. In case of withdrawal from the Agreement, the Agreement is canceled from the beginning. This means that you return the Goods to us and we will refund the Price paid including the lowest postage we offer. You must send the goods to us within 14 days of withdrawing from the Contract. You pay the costs of sending the Goods back to us, even if the Goods cannot be returned by the usual postal route due to their nature. We will return the Prize to you within 14 days from the moment you withdraw from the Contract in the same way as we originally received it from you. However, we can also agree on another method of returning the Prize, for example in the form of our credits (however, you must always agree to this). However, we can delay the refund of the Price until we receive the returned Goods back or until you prove to us that you have sent the Goods (for example by confirmation from the carrier).

7.4. Testing the Goods. You can try the goods, but only to familiarize yourself with its nature, properties and functionality. In short, as if you were viewing it in a brick-and-mortar store. If you test or use the Goods more and by handling them somehow reduce their value (e.g. write a book or wash the merchandise), we can refund you the reduced amount to restore the Goods to their original condition so that we can resell them.

7.5. Where to send Send or bring the goods, including any gifts, in person to the address of our warehouse: U Pošty 1097/8, 180 00 Prague 8. Please do not send us cash on delivery, we will not take them into account.

7.6. Returning gifts. If we have sent you some free performance (gift) together with the Goods, you are obliged to return this free performance in the event of withdrawal from the Contract.

7.7. Withdrawal by us. In the case of Goods, we can also withdraw from the Contract due to stock out, unavailability of the Goods, if the manufacturer, importer or supplier of the Goods has stopped the production or import of such Goods, if you violate the Terms and Conditions or the Contract (e.g. you do not take delivery of the goods or do not pay the Price), or due to force majeure. Even in such a case, the Agreement is canceled from the beginning. We will inform you of the withdrawal from the Contract by e-mail without delay and within 14 days we will return the Price, including the delivery costs, which we received from you based on the Contract. However, we can also agree on another method of returning the Prize, for example in the form of our credits (again, of course, only with your consent).

What about withdrawing from the Agreement in the case of Services?

7.8. Within 14 days. As we write above, consumers generally have the option to withdraw from the Agreement within 14 days of its conclusion on the Internet or through another means of remote communication, even without giving a reason.

7.9. Any unequivocal statement. As a consumer, you can withdraw from the Agreement by making any clear statement to us (e.g. by e-mail). To withdraw from the Agreement, you can also use the sample form that can be found in the appendix to these Terms and Conditions.

7.10. Cancellation of the Service and refund of the Price. In case of withdrawal from the Agreement, the Agreement is canceled from the beginning. This means that if it is possible to withdraw from the Contract for that Service, we will cancel the Service and refund the Price paid to you within 14 days of the moment you withdraw from the Contract, in the same way that we originally received it from you. However, we can also agree on another method of returning the Price, for example in the form of our credits.

7.11. Returning gifts. If we have provided you with some free performance (gift) together with the Service, you are obliged to return this free performance in the event of withdrawal from the Agreement.

7.12. Withdrawal by us. It does not happen often, but we can also withdraw from the Contract in the case of Services, for organizational reasons (for example, our lecturer falls ill or the necessary premises are not available). Even in such a case, the Agreement is canceled from the beginning. In such a case, we will inform you of the withdrawal immediately by e-mail and within 14 days we will return the Price that we received from you based on the Contract. However, we can also agree on another method of returning the Prize, for example in the form of our credits (again, of course, only with your consent).

7.13. When you do not have the option to withdraw from the Agreement . There is an exception when you do not have the option of withdrawing from the Contract, if you have agreed to provide the Service before the withdrawal period from the Contract expires - i.e. if, for example, we start supplying you with plant subscriptions or another Service within the 14-day period for withdrawing from the Contract . By sending the Order, you agree that the Service will be provided to you earlier and, as a result, you do not have the right to withdraw from the Agreement .

7.14. Use of free time = impossibility to resign. We also draw your attention to the exception, where if the subject of the Agreement is the use of free time (which is precisely our workshops) and this use is limited to a certain period of time, you do not have the right to withdraw from the Agreement.

8. Cancellation terms
What are our workshop cancellation conditions?

8.1. Individual cancellation conditions. You have the right to cancel your participation before the start of the workshop (by email to info@dmp.cz ). Cancellation is governed by the cancellation conditions, which are adjusted individually on the website for each workshop or event.

8.2. Instant delivery. Cancellation is considered the moment the cancellation is delivered to our e-mail box.

8.3. When the Price does not return. If you do not participate in the workshop or other event at all and do not cancel your participation, the Price paid is not returned.

8.4. Alternate term. In case you only wish to change the date of the Workshop, write to us by e-mail and we will be happy to offer you an alternative date if one is available. If you are not satisfied with either one or if we do not have any listed, you can choose another Service or Product according to your preferences in the value of the Workshop Price. If your newly selected Services or Goods are cheaper, you can choose others, up to the total value of the original Workshop Price. In the event that the newly selected Services or Goods are more expensive than the original Workshop Price, we will issue you an invoice for the additional payment. In any case, please remember to choose a new workshop or another Service or Product and use up the original Workshop Price no later than the original date of the workshop. Otherwise, we are not obliged to return the Price to you.

What is our cancellation policy for plant subscriptions?

8.5. Option to cancel for credits. As we write above, we always try to meet your needs, and therefore you can agree with us on the earlier cancellation of the plant subscription, when we will refund you credits with a value corresponding to the Price calculated from the remaining unused months of the subscription (e.g. if you cancel the three (3) month subscription after two (2) months, we will regret it, but we will pay you credits equivalent to one (1) month of the Plant Subscription Price). You can then use the credits to purchase any other Products.

8.6. Cancellation by us. If we cancel the plant subscription (which does not happen), we will notify you immediately by e-mail and, of course, within 14 days we will refund the Price calculated from the remaining unused months of the subscription in money, in the same way as we have since accepted you or in a way we agree.

9. When can we change the Services?

9.1. Exceptionally. It doesn't happen often with us, but to be sure, we reserve the right to make changes to the Services or their cancellation - especially a change in the date of the workshop - in the event of unexpected circumstances that prevent us from providing the Services according to the agreed conditions or information on the Web. We will inform you of any such change immediately by e-mail or telephone and together we will agree on an alternative date or other solution to such a situation. If we do not manage to get in touch with you or you do not respond to our message within 5 days, and if it is a fundamental change of the date of the workshop, we will consider it a withdrawal from the Contract, unless you contact us later that you are interested in the changed date.

9.2. Non-fundamental changes. In the case of non-fundamental changes to the date of provision of the Services (for example, a change in the person of the workshop lecturer, a minor change in the workshop schedule or a change in the building where the workshop is held), which do not fundamentally affect the main content of the event, you are not entitled to withdraw from the Agreement. In the event of a fundamental change in the date of the workshop (for example, a change in the day of its holding), you are entitled to withdraw from the Agreement. Even so, we will be happy if you keep us in your favor and together we can agree on an alternative date or another solution to such a situation.

9.3. A higher power. We also specifically point out that in the case of force majeure or events that cannot be foreseen (for example, pandemics, outages of subcontractors, operational failures), we are not liable for damage caused as a result of or in connection with cases of force majeure and if the state of force majeure lasts for a period of more than 10 days, we have the right to withdraw from the Agreement. When withdrawing from the Agreement in the case of Services, the procedure and conditions described below apply.

10. What about product complaints?

10.1. What are we responsible for? We are responsible for ensuring that the Goods are free of defects upon receipt. In particular, we are therefore responsible for:

a) corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties (i.e. if you order a cactus, you will not receive a palm tree)
b) it is suitable for the purpose for which you require it and with which we have agreed (ie the maid will be a maid, and not an outdoor plant);
c) is delivered with the agreed accessories and instructions for use, including instructions for use or installation, if necessary (such as how to properly care for the plant).

Furthermore, we are responsible for the fact that, in addition to the agreed properties of the Goods:

a) it is suitable for the purpose for which the relevant species is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of the given sector, if there are no technical standards;
b) quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of the relevant species that you can reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, in particular by advertising or labeling;
c) is supplied with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect;
d) corresponds to the quality or execution of the sample or template that we provided to you before the conclusion of the Contract.

10.2. When we don't answer. We are not responsible for the last four points (letters a) - d)) in the event that we specifically warned you before concluding the Contract that some property of the Goods is different and you expressly agreed to this when concluding the Contract. For example, if the plant has a defect and we sell it cheaper because of this defect.

10.3. Treat plants with common sense and care. Please note that our main Goods are plants, i.e. Goods for which you are obliged to take into account the way of use. Some types of plants can be sensitive to light, so placing a permanent light source near them can have a negative effect on their lifespan or appearance. In the same way, plants can also be sensitive to irrigation or other requirements, about which we always inform you via instructions or another instructional document that we will deliver together with the Goods. or if you follow the correct watering principles. We then explicitly point out that we are not responsible for damage to plants (e.g. pest infestation) that manifests itself more than 3 days after their delivery. In such a case, it is most likely that the attack occurred as a result of your poor care.

10. 4. Within two years. You can exercise your rights due to defective performance within two (2) years from receipt of the Goods. If the defect becomes apparent within one (1) year of acceptance, it is considered that the Goods were already defective upon acceptance, unless the nature of the item or defect precludes this. This period does not run for the period during which you cannot use the Goods, in the event that you have legitimately complained about the defect.

10.5. When you cause the defect yourself. You do not have rights from defective performance if you caused the defect yourself. The defect of the Goods is not normal wear and tear from normal use.

11. How to proceed with a product complaint

11.1. Where to complain. You can make a complaint, for example, by e-mail to info@dmp.cz or by letter to the address of our warehouse at U Pošty 1097/8, 180 00 Prague 8, or, for example, to the address of our registered office.

11.2. What to mention. When making a claim, please state:
a) your contact details;
b) description of the defect in the Goods;
c) the method of handling the complaint requested by you;
d) proof of purchase of Goods (preferably by attaching an invoice).

11.3. Defect removal. If the Goods have a defect, you can request its removal. At your option, you may request:
a) delivery of new Goods without defects; or
b) repair of the Goods, unless the method chosen by you to remove the defect is impossible or disproportionately expensive compared to the other. In such a case, we can refuse to remove the defect, especially considering the importance of the defect and the value that the Goods would have without the defect.

11.4. Discount or withdrawal. In these cases, you can request a reasonable discount or withdraw from the Contract:
a) if we have refused to remedy the defect or have not rectified it within a reasonable time after it has been pointed out so as not to cause you significant inconvenience;
b) when the defect appears repeatedly;
c) if the defect is a material breach of the Contract;
d) when it is apparent from the circumstances or our statement that we will not remedy the defect within a reasonable time or without considerable difficulty for you.

11.5. Minor defect. You cannot withdraw from the Contract unless the defect is significant. This applies, for example, when small scars or spots appear on the plants, which are a common phenomenon and do not affect the overall appearance or health of the plant. But you must understand that we do not sell plastic prefabricated plants.

11.6. When can you delay payment of the Price? As long as we do not fulfill our obligation due to defective performance, you do not have to pay us the outstanding Price or part thereof.

How and when will we handle a claim for Goods?

11.7. Electronic confirmation of receipt. When you make a complaint, we will issue you an electronic confirmation in which we will state the date you made the complaint, what it contains, what method of handling the complaint you require and your contact details so that we can let you know about its handling.

11.8. Processing within 30 days. We will deal with the complaint (including removal of the defect in the Goods) without undue delay, no later than 30 days from the day the complaint is made, unless we agree with you on a longer period. We will inform you about the settlement of the claim. If we do not meet the deadline, you can withdraw from the Contract or request a reasonable discount from the Price.

11.9. Electronic confirmation of settlement. After handling the complaint, we will issue you an electronic confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written confirmation of the rejection of the complaint.

11.10. Reimbursement of costs. As a consumer, you have the right to reimbursement of purposefully incurred costs of the claim, when these costs are understood to be the lowest possible. You must request their reimbursement no later than one month from the end of the period for pointing out the defect, otherwise we do not have to recognize them.

11.11. Always read the instructions. Do not forget that before using the Goods for the first time, you are obliged to read the instructions for use or other accompanying information that we usually send you together with the Goods (for example, instructions for watering a plant or information on caring for it) and then you must follow the information from them. If you do not do this, you run the risk of damaging the Goods through incorrect use, and you will not be able to claim the resulting defect as part of your right arising from liability for the defect (for example, if you do not follow the instructions for watering your plant and it subsequently dies as a result of overwatering, then of course such a plant cannot be claimed for this reason).

12. What about service complaints?

12.1. Material and non-material defects. We are responsible for material and non-material defects in the Services, where your rights also depend on the defect.

12.2. When is the defect material? A significant defect is a defect that makes it impossible to use the Service or a defect that, if you had known about it in advance, you would never have purchased the Service. For example, if the workshop is focused on

12.3. When the defect is immaterial. A minor defect is one with which it is possible to use the Services, but they are not of the agreed quality. For example, if you attend our workshop, which is supposed to last 4 hours, but ends up after 2 hours.

12.4. Within 6 months. You can make a complaint within 6 months of taking over the performance and, at your option, request it for a defect that means a substantial breach of the Contract
a) free modification of the Service;
b) removing a defect by providing the Service without a defect or by supplying a missing part of the Service;
c) a reasonable discount from the Price; or
d) refund of the Price based on withdrawal from the Contract.

12.5. Defect removal and discount. In the case of a defect that constitutes a material breach of the Agreement, you are entitled to:
a) removal of the defect; or
b) a reasonable discount from the Price.

12.6. Refund of Price. If modification of the Service or exchange of the Service for another is not possible, based on withdrawal from the Agreement, you can request a refund of the entire Price.

How to proceed with a Service complaint?

12.7. Where to complain. You can make a complaint, for example, by e-mail to info@dmp.cz or by letter to the address of our warehouse at U Pošty 1097/8, 180 00 Prague 8, or, for example, to the address of our registered office.

12.8. What to mention. When making a claim, please state:
a) your contact details;
b) description of the defect in the Service;
c) the method of handling the complaint requested by you;
d) proof of purchase of the Service (preferably by attaching an invoice).

12.9. When the Service cannot be claimed. We especially point out that you cannot complain about the Service just because it did not meet your subjective expectations (e.g. you didn't like the workshop), it really has to be a defect.

How and when will we handle a Service complaint?

12.10. Electronic confirmation of receipt. When you make a complaint, we will issue you an electronic confirmation in which we will state the date you made the complaint, what it contains, what method of handling the complaint you require and your contact details so that we can let you know about its handling.

12.11. Processing within 30 days. We will deal with the complaint (including the removal of the defect in the Service) without undue delay, no later than 30 days from the day the complaint is made, unless we agree with you on a longer period. We will inform you about the settlement of the complaint. If we do not meet the deadline, you can withdraw from the Contract or request a reasonable discount from the Price.

12.12. Electronic confirmation of settlement. After handling the complaint, we will issue you an electronic confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written confirmation of the rejection of the complaint.

12.13. Reimbursement of costs. As a consumer, you have the right to reimbursement of purposefully incurred costs of the claim, when these costs are understood to be the lowest possible. You must request their reimbursement no later than one month from the end of the period for pointing out the defect, otherwise we do not have to recognize them.

13. How to resolve a dispute out of court?

13.1. Choika. As a consumer, in case of any problem, you can contact the Czech Trade Inspection (Central Inspectorate - ADR Department, Štěpánská 44, 110 00 Prague 1, e-mail: adr@coi.cz , adr.coi.cz ). Resolution will be initiated at your suggestion, if the dispute cannot be resolved directly with us. You can submit a proposal no later than 1 year from the day you exercised your right with us for the first time.

13.2. ODR platform. It is also possible to start an out-of-court dispute resolution online via the ODR platform available here: https://ec.europa.eu/consumers/odr .

14. What to say in conclusion?

14.1. Authorization to do business. We are authorized to do business on the basis of a trade license, the trade inspection is carried out by the relevant trade office within the scope of its competence. We are also subject to the supervision of the Czech Trade Inspection in terms of compliance with Act No. 634/1992 Coll., on consumer protection, as amended, and in the area of ​​personal data also to the supervision of the Office for Personal Data Protection.

14.2. Czech. These Terms and Conditions are in the Czech language and the Agreement between us is also concluded in the Czech language.

14.3. Legal order. The Agreement and Terms are governed by Czech law, in particular Act No. 89/2012 Coll., Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended. If the relationship established by the Agreement (including the Terms) contains an international (foreign) element, then we agree that such a relationship is governed by Czech law. However, this of course does not affect your consumer rights arising from generally binding legal regulations. Everything that we agree differently in the Contract takes precedence over the Terms.

14.4. Changes to the Terms. We can unilaterally change or supplement the wording of the Terms and Conditions at any time. Such a change will not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions, which means that the change of the Terms and Conditions will not affect purchases that have already been made. The new wording of the Terms and Conditions is effective on the day of its publication on the Website. If this change concerns recurring fulfillment (such as plant subscriptions), we will notify you of this change via an informational email. If you do not agree with the new wording of the Terms, you can immediately terminate the Agreement by e-mail, we will give you a reasonable period for this. In such a case, the contract will be terminated on the day preceding the effective date of the notified change. If you do not exercise your right to terminate the Agreement, the new wording of the Terms will be considered accepted.

14.5. Invalidity of provisions. If any provision of the Terms is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

14.6. Copyright. All rights to our Website, especially copyright to content, including page layout, photos, text, movies, graphics, trademarks, logos, our book and other content and elements belong to us. It is forbidden to copy, modify or otherwise use the Website, its parts or the content on it without our consent.

14.7. Interventions in the Web. We are not responsible for errors arising as a result of interventions by third parties in the Web or as a result of its use contrary to its purpose. When using the Website, you must not use procedures that could have a negative effect on its operation and you must not perform any activity that could allow us or third parties to interfere or use the software or other components that make up the Website and use the Website or its parts or equipment software in a manner contrary to its intended purpose or purpose.

14.8. No codes of conduct. We are not bound by any codes of conduct in relation to you, but we try to always behave as we wish others to treat us (nicely).

14.9. Mainly electronically. We will send you a confirmation of the conclusion of the Agreement by e-mail. We archive the Agreement itself, including these Terms and Conditions, in electronic form and are not publicly accessible. If you need it, write to us and we will be happy to send it to you.

14.10. E-mail. We can deliver all written correspondence via e-mail.

14.11. Sample form. The annex to these Terms and Conditions consists of a sample form for withdrawing from the Agreement.

These Terms and Conditions apply from 2/19/2024

You can find the previous version of our general terms and conditions in our archive here .

In Prague on February 19, 2024.

To claim missing or damaged goods, please use this form .

The withdrawal form can be downloaded here .