General Terms and Conditions

General Terms and Conditions of trading company BIOMINDX s.r.o., ID: 08995681, with its registered office at Rybná 716/24, Staré Město,110 00 Prague 1, Czech Republic, a company registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Number: 328850 (hereinafter the “Seller”), for the sale of goods and provision of services to natural persons – consumers (hereinafter the “Customer”) through the web portal operated by the Seller at the Internet address www.cannaxlife.com (hereinafter referred to as the “GTC”).

 

I. Introductory provisions

1. Present GTC regulate mutual rights and obligations of the contracting parties arising in connection with or on the basis of the Purchase Agreement or the Agreement of Provision of Cultivation and Plant Care Services (hereinafter the “Agreement”) concluded between the Seller and a natural person – the Customer by means of the Seller's web portal. The Seller operates the web portal at the Internet address www.cannaxlife.com via the web interface.

2. GTC further regulate the rights and obligations of the contracting parties when using the Seller's website located at www.cannaxlife.com (hereinafter the “Website”) and other related legal relations.

3. GTC do not apply to cases where the person who intends to purchase goods or demand services from the Seller acts in the course of his or her business activities when ordering the goods or services or if the person is a legal entity. In such case, the concluded Agreement shall be governed by the General Business Terms for Business Relations with Natural Persons – Entrepreneurs or Legal Entities.

4. Provisions deferring from GTC may be agreed on in the Agreement. Differing provisions in the Agreement shall take precedence over the provisions of GTC.

5. GTC form an integral part of the Agreement. The Agreement and GTC are drawn up in Czech and English. The Agreement will be concluded in Czech and English languages.

6. The Seller may change or amend wording of GTC. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of GTC previous wording.

 

II. User Account

1. Customer who have registered on the Website can access their user interface. The Customer may order goods or services from his or her user interface (hereinafter the "User Account").

2. When registering on the Website and ordering goods or services, the Customer is obliged to state all information correctly and truthfully. The Customer is obliged to update the data stated in the User Account upon any change thereof. The data provided by the Customer in the User Account and when ordering the goods or services will be considered correct by the Seller.

3. If the Customer fills in data on a legal entity (business name, company identification No. and tax registration No.), the Seller will consider the Customer's acting as made on behalf of that legal entity and will treat the legal entity's order in accordance with paragraph 3 of Article I. hereof.

4. Access to the User Account is secured by a username and password. The Customer is obliged to maintain confidentiality regarding data necessary to access his or her User Account and notes that the Seller is not liable for the Customer breaching this obligation.

5. The Customer is not entitled to allow the use of the User Account by third parties.

6. Under current GTC, if the Customer using the web interface of the Seller, the Customer can have only one User Account. The Customer is not allowed to use multiple accounts. The Seller may cancel the Customer’s User Account in case of using multiple accounts.

7. The Seller may cancel the Customer’s User Account, especially if the Customer use multiple accounts or has not used his or her User Account for more than 1 (in words: one) year or if the Customer breaches his or her obligations under the concluded Agreement (including GTC).

8. The Customer acknowledges that the User Account may not be available continuously, especially due to the necessary maintenance of the Seller's hardware and software equipment or the necessary maintenance of third-party hardware and software.

 

III. Conclusion of Agreement 

1. By using the Website of the Seller or web portal as well as by confirming any ordering process by placing the order on the website or on web portal - by Email – by post or phone, the Customer confirms to have read and understood the current GTC and the Privacy Policy and the Customer accepts and agrees with these GTC and Privacy Policy. Both the Seller and the Customer agree to be followed by these GTC and the Privacy Policy.

2. The web Interface contains the list of goods and services offered by the Seller, including their prices. Prices of the goods and services are quoted including the value added tax. They also include all related fees and, if applicable, any licence fees and royalties. The offer of goods and services, as well as the prices of the offered goods and services, remain valid throughout the period for which they are displayed in the Web Interface. This provision shall not limit the Seller's possibility to conclude Agreements at individually agreed conditions.

3. All offers for the sale of goods and provision of services placed in the Web Interface are non-binding and the Seller is under no obligation to conclude an Agreement for the sale of the goods or provision of the services.

4. To order the goods or services, the Customer will fill in the order form in the Web Interface. In particular, the following information must be entered in the form (the form might or might not include the following general information, but not limited):

• goods and services ordered (the Customer shall “put” the ordered goods or service into the online shopping cart of the Web Interface);
• personal details: (the Customer shall “put” into the online shopping cart of the Web Interface his: First Name; Last Name, Birthdate and Legal Address);
• method of payment of the price of goods and services, required way of delivery of the ordered goods and services; and
• information about costs associated with the delivery of the goods and services ordered.

(hereinafter collectively referred to as the “Order”).

5. Before sending the order to the Seller, the Customer is enabled to check and, if necessary, change the data, which he or she entered in the order; this gives the Customer the possibility to identify and correct mistakes made at filling the order in. The Customer will then send the order to the Seller by clicking on the "Send" button. The Seller will consider the data given in the order as correct. After receiving the order, the Seller will immediately acknowledge the receipt of the order by sending the Customer a confirmation e-mail to the Customer's e-mail address given in the User Interface or in the order (hereinafter the “Customer's E-mail Address”).

6. The Seller is always entitled, depending on the nature of the order (amount of goods, extent of services, price, estimated delivery costs), to ask the Customer to additionally confirm the order (e.g. in writing or by telephone).

7. The contractual relationship between the Seller and the Customer arises upon delivery of the order confirmation (acceptance), which the Seller sent to the Customer by e-mail to the Customer's E-mail Address.

8. The Customer acknowledges that the Seller is under no obligation to conclude an Agreement, especially with persons who previously substantially breached their obligations to the Seller.

9. The Customer agrees with the use of remote communication devices for conclusion of the Agreement. Costs incurred by the Customer upon the use of remote communication devices in connection with conclusion of the Agreement (cost of Internet connection, cost of telephone calls) shall be borne by the Customer.

10. Unless it is stated otherwise for the relevant service, the Seller may commence providing the ordered service even before the expiry of the period allowed for withdrawal from the Agreement.

 

IV. Price of Goods and Services, Payment Terms

1. The price of goods and services and any costs associated with the delivery of the goods or provision of services under the Agreement may be paid by the Customer to the Seller in the following ways:

• non-cash payment to the Seller's account (for payments in CZK)
• non-cash payment to the Seller's account (for payments in EUR)

IBAN (CZK): CZ62 0800 0000 0046 4464 2349

SWIFT: GIBACZPX

Česká spořitelna, a.s.

Olbrachtova 1929/62

140 00, Praha 4, Czech Republic

(hereinafter the “Seller's Account”);

IBAN (CZK): CZ48 0800 0000 0020 2641 6273

SWIFT: GIBACZPX

Česká spořitelna, a.s.

Olbrachtova 1929/62

140 00, Praha 4, Czech Republic

(hereinafter the “Seller's Account”).

2. Together with the price of goods or services, the Customer shall also pay to the Seller the costs associated with packaging and delivery of goods or provision of services at the agreed amount. Unless expressly stated otherwise, the indicated price shall be understood as inclusive of the costs associated with delivery of the goods or provision of services, and inclusive of any license fees.

3. The indicated prices include the statutory value-added tax. Not included are any shipping costs that may vary depending on the product and country of the customer.

4. If the Customer chooses a non-cash payment, the Customer will be obliged to state the variable symbol of the transaction when paying the price of goods and services. In the case of a non-cash payment, the Customer's obligation to pay the price is fulfilled at the time when the relevant amount is credited to the Sellers Account.

5. The Seller may request payment of the price in full before sending the goods or providing the service to the Customer.

6. If it is customary in business practice or if so laid down by generally binding legal regulations, the Seller will issue to the Customer a tax document - invoice for payments made under the Agreement. The Seller is a VAT payer. The Seller will issue the tax document – invoice to the Customer after the Customer has paid the price of the order and will send the document in electronic form to the Customer's E-mail Address or enclose it with the order sent.

7. The Customer agree to pay for all products and services purchased through the Seller's web portal. The Customer is responsible for the timely payment of all fees and for providing Seller with a valid payment method for the payment of all fees.

8. Bank charges directly related to payment for all products and services purchased on the Seller's web portal): The Seller reserves the right to the Customer to set off all bank charges incurred on the part of the Seller in full.

 

V. Withdrawal from Agreement

1. The Customer acknowledges that pursuant to Section 1837 of Act No. 89/2012 Sb., Civil Code, as amended (hereinafter the “Civil Code”), the Customer, as a consumer, may not withdraw from a purchase Agreement:

a) for provision of services if they were performed with the consumer's prior express consent before the end of the time limit for withdrawal and the entrepreneur informed the consumer before concluding the Agreement that the consumer would thereby lose the right of withdrawal from the Agreement,

b) for the supply of goods or a service whose actual value is dependent on fluctuations in the financial market which the entrepreneur cannot control and which may occur during the time limit for withdrawal;

c) for the supply of alcoholic beverages which can be supplied only after thirty days and whose actual value is dependent on fluctuations in the financial market which the entrepreneur cannot control;

d) for the supply of goods that were modified to the consumer's specifications or personalised;

e) for the supply of goods subject to rapid decay, as well as goods which were irreversibly mixed with other goods after supply;

f) for repair or maintenance work carried out at the consumer's request at a place designated by the consumer; however, this does not apply in the case of subsequent repairs other than requested ones or supply of spare parts other than requested ones;

g) for the supply of goods in sealed packaging which the consumer unsealed after delivery and which are not suitable for return due to hygienic reasons;

h) for the supply of audio or video recordings or computer software if their original packaging was unsealed by the consumer after delivery;

i) for the supply of newspapers, periodicals or magazines;

j) for accommodation, transport, catering or leisure activities if the entrepreneur provides the service or goods at a specified date or time;

k) concluded at a public auction in accordance with the statute governing public auctions, or

l) for the supply of digital content which is not supplied on a tangible medium if it was supplied with the prior express consent given by the consumer before the time limit for withdrawal from the Agreement and if the entrepreneur informed the consumer before concluding the Agreement that the consumer will thereby lose the right of withdrawal.

2. If withdrawal from the Agreement is not excluded by provisions of the first paragraph of Article VIII. or is not possible for other reasons, the Customer may withdraw from the Agreement in accordance with the provisions of Section 1829 et seq. of the Civil Code within 14 (in words: fourteen) days from the day on which the Customer, or a person designated by the Customer, accepted the delivery. To comply with the withdrawal period, the notice of withdrawal should be sent before the expiry of the relevant period. The Customer may send the notice of withdrawal from the Agreement to the Seller's address, including, but not limited to, the address of the Seller's business premises) or the Seller's email address cannaxlife@cannaxlife.com.

3. If the Customer withdraws from the Agreement in accordance with the second paragraph of Article VIII. of GTC, the Agreement will be cancelled from the beginning. The goods must be returned to the Seller within 14 (in words: fourteen) days of the Customer sending the Seller the notice of withdrawal from the Agreement. The Goods must be returned to the Seller undamaged and not worn-out and in their original packaging, if possible. The Customer shall bear the cost of returning the Goods if the nature of the Goods does not allow their returning through a usual method. The maximum cost of returning such Goods is estimated at CZK 10,000 (in words: ten thousand Czech crowns).

4. If the Customer withdraws from the Agreement in accordance with the second paragraph of Article VIII. of GTC, the Seller shall return to the Customer the funds received no later than 14 (in words: fourteen) days of the Customer withdrawing from the Agreement (in the case of a Agreement for the purchase of goods no later than 14 days of receiving the returned goods or evidence that the Customer has sent the goods back to the Seller, whichever occurs first). The Seller shall refund the sum as a non-cash transfer to the account specified by the Customer (unless the Customer specifies another method of payment, provided that such other method does not incur any additional costs to the Seller). The refunded sum shall include any costs of returning the delivery to the Seller (except additional costs incurred as a result of the Customer choosing a delivery method other than the cheapest standard delivery method offered by the Seller). The Seller may also refund the sum paid by the Customer upon the Customer returning the goods.

5. The Customer acknowledges that if the goods returned by the Customer are damaged, worn-out, partly consumed or their value was otherwise decreased as a result of handling the goods in another manner than is necessary for acquaintance with the nature and properties of the goods, including their functionality, the Seller will be entitled to compensation for the incurred damage from the Customer. The Seller may unilaterally set off its claim for damages against the Customer's claim for a refund of the price or part thereof. In case of withdrawal from a Agreement of services the performance of which has already started, but have not yet been fully provided, the Customer will be obliged to pay a proportional part of the price for already provided services and in the case of withdrawal the Customer is entitled only to a refund of the remaining part of the price he or she paid for the service.

6. Until the goods are received by the Customer or a service provided to him or her, the Seller may withdraw from the Agreement at any time. In such case, the Seller shall return the purchase price to the Customer without undue delay, by non-cash transfer to the account specified by the Customer.

7. If a gift is provided to the Customer together with the goods or a service, the deed of gift is concluded between the Seller and the Customer with the proviso that if the Customer withdraws from the Agreement, the deed of gift regarding such gift will become ineffective and the Customer will be obliged to return the provided gift to the Seller together with the goods. In this case, the Seller reserves the right to refund the price or part thereof only after receiving the provided gift.

 

VI. Transport, Delivery of Goods and Provision of Services

1. The method of delivery of goods and provision of services is determined by the Seller, unless stipulated otherwise in the Agreement. If the method of transport is arranged upon the Customer´s request, the Customer will bear the risk and any additional costs associated with this method of transport.

2. If in accordance with the Agreement the Seller is obliged to deliver the goods to a place or provide agreed services in a place determined by the Customer in the order, the Customer shall take over the delivered goods or allow provision of the services in such agreed places. If the Customer fails to take over the goods upon delivery, the Seller may charge a storage fee amounting to CZK 1000 (in words: one thousand Czech crowns), or equivalent in EUR.

3. If, for reasons on the part of the Customer, the goods must be delivered repeatedly or in a way other than stated in the order, the Customer shall pay the costs associated with the repeated delivery of the goods or costs associated with the alternative method of delivery.

4. When taking the goods over from the carrier, the Customer is obliged to check integrity of the goods packaging and, if the Customer finds any defects, to inform the carrier immediately. In the event of damage to the packaging indicating unauthorized entry into the consignment, the Customer is not required to take over the consignment from the carrier. By signing the delivery note, the Customer confirms that the packaging of the consignment containing the goods was not damaged.

5. Other rights and obligations of the parties in respect of the transportation of goods may be regulated by the Seller’s special delivery terms, if issued by the Seller.

6. The Seller is entitled to start providing the ordered service only after the Seller has been paid the fee for such service.

7. The risk of accidental loss and accidental deterioration of the sold goods and services is transferred to the Customer only with the handover of the goods and services. The conclusion of transport insurance is possible at any time and with most transport carriers. The Customer will bear the risk and any additional costs associated with this method of transport.

 

VII. Liability for Defects, Warranty

1. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of paragraphs 1914 to 1925, paragraphs 2099 to 2117 and paragraphs 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection, as amended). Provisions deferring from GTC may be agreed on in the Agreement. Differing provisions in the Agreement shall take precedence over the provisions of GTC.

2. The Seller is liable to the Customer for conformity of the sold products or provided services with the Agreement, in particular for the products or services being free from defects. Conformity with the Agreement means that the product sold is of the quality and has features agreed in the Agreement, is fit for purpose and complies with the description given by the Seller, manufacturer or its representative, it meets requirements of legal regulations and is supplied in appropriate quantity, scope or weight.

3. Should the goods or services fail to conform with the Agreement upon receipt by the Customer (hereinafter “Lack of Conformity with the Agreement”), the Customer will be entitled to delivery of new goods or delivery of the missing goods or new provision of the service without defects, removal of defects by repair of the goods, an adequate discount on the price, or to withdrawal from the Agreement in accordance with the conditions specified in the Complaints Procedure of the Seller (hereinafter the “Complaints Procedure”). When notifying the Seller of the defect or immediately after the notification, the Customer will let the Seller know which right he or she has chosen as rectification. The Customer may not change the chosen option without the Seller's consent, except for cases when the Customer asked for repair of a defect and the defect turns out to be irreparable. Should the Customer fail to choose his or her right in time, the Seller will proceed in accordance with the relevant provisions of applicable legislation.

4. Except for perishable or used goods, the Seller is liable to the Customer for defects that occur as Lack of Conformity with the Agreement after receipt of the good in the warranty period (the warranty).

5. In the case of Agreement for services, the Seller is liable to the Customer for defects occurred as Lack of Conformity with the Agreement after the provision of the service in the warranty period (the warranty) pursuant to the first paragraph of Article VII. of GTC.

6. It is not considered a defect causing Lack of Conformity if the delivered goods or provided service do not have any characteristics, properties or are not of the quality beyond the level or scope expressly stated.

7. Therefore, the Seller shall not be liable, among others, for interoperability of data provided by the Seller with any hardware or software of the Customer or third parties, which is not expressly stated at the particular service. If the Customer's or third party's records or data are lost or damaged due to the Customer's wrong, unauthorised or unsuitable procedure or use of data provided by the Seller, including reverse engineering, the Seller shall not be liable for any thus arisen damage or consequential loss.

8. The Customer will exercise all rights arising from the Seller's liability for defects, including the Seller's warranty liability, at the Seller's office at Rybná 716/24, Staré Město,110 00 Prague 1, Czech Republic. A claim is considered lodged at the moment when the Seller has received from the Customer the claimed goods or information about a defect of a provided service.

9. Other rights and obligations of the parties related to the Seller's liability for defects are regulated in detail in the Complaints Procedure rules.

 

VIII. Other Rights and Obligations of Parties

1. The Customer acquires ownership of the goods and becomes entitled to use a service after paying the price of the goods or service in full. Unless otherwise provided by applicable law or stipulated in the Agreement, within the provided and duly paid service the Customer will be entitled to a non-exclusive, territorially unlimited and non-transferable right to use part of the service of a nature of a copyrighted work, solely for internal (personal) needs of the Customer and solely for the period and to the extent arising from the purpose of the Agreement. Unless otherwise provided by applicable legislation, the Customer shall not be entitled, in particular, to reproduce the work, translate it, process, modify or change in any other manner, distribute, lend, lease, exhibit it or disclose to the public, as well as to bypass technical means of protection of rights or carry out reverse engineering of the work. A special Agreement for Services may be concluded to obtain authorization to lend, lease, exhibit the work or disclose the work to the public.

2. The Customer acknowledges that the software and other parts forming the Web Interface (including photographs of offered goods or images of provided services) are protected by copyright. The Customer undertakes not to carry out any activities that might enable the Customer or third parties to infringe without authorization or use without authorization the software or other parts forming the Web Interface.

3. When using the Seller’s Web Interface, the Customer may not use mechanisms, software, processes or methods that may negatively affect operation of the Seller’s Web Interface. The Web Interface may be used only up to the extent which will not limit rights of other customers of the Seller and which complies with its purpose of use.

4. In relation to the Customer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1) (e) of the Civil Code. The Seller does not provide other services after the sale of the goods or provision of the ordered services, except for the services that the Seller explicitly states on its Website at individual goods or services.

5. The Customer acknowledges that the Seller shall not be liable for mistakes resulting from third-party interference in the Website or from the use of the Website contrary to its purpose.

 

IX. Personal Data Protection

1. The Seller duly fulfils all its obligations in relation to the protection of personal data. For the sake of clarity, the Seller has issued a special Personal Data Protection Guideline, which summarizes the matter and can be viewed on the Seller's website.

 

X. Correspondence Delivery

1. Unless otherwise agreed, all correspondence relating to the respective Agreement shall be delivered to the other party in writing, by e–mail, personally or by registered mail by means of a postal services operator (of the sender’s own choosing). Correspondence to the Customer will be delivered to the e-mail address specified in the Customer's User Account.

 

XI. Final Provisions

1. If a relationship arising in connection with the use of the Website or a legal relationship established by the Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations. By choosing the law under this Article of the Trade terms, the consumer shall not be deprived of the protection afforded by provisions of the law which cannot be contractually derogated and which would otherwise apply under the provisions of Article 6 section 1 of the Regulation of the European Parliament and Council (EC) No. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I).

2. The Seller is entitled to sell goods under the trade licence and the Seller’s activities are not subject to any other permission. The Customer may turn to the Seller regarding any complaints. If the Customer’s complaint filed with the Seller is rejected, the dispute will be resolved in competent court (i.e. court having subject-matter and territorial jurisdiction). Trade inspection is carried out within its terms of reference by the appropriate Trade Licensing Office. The Customer may also turn to the Czech Trade Inspection Authority.

3. The body for out-of-court settlement (alternative dispute resolution) of consumer disputes concerning the products and services offered, sold, provided and mediated by the Seller is the Czech Trade Inspection Authority, whose Internet address is: www.coi.cz.

4. If any provision hereof is or becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is as close to the invalid or ineffective provision as possible. Invalidity or ineffectiveness of one provision shall not affect validity of other provisions. Changes and amendments to the Agreement or the GTC must be made in writing.

5. The Agreement, including GTC, is archived by the Seller in electronic form and is not available, except for the fulfilment of the Seller's obligations laid down by applicable legislation. The Seller shall make the text available for the Customer upon request.

6. The contractual relation between the Customer and the Seller is concluded for the period determined by due performance of the contracting parties under the respective Agreement. Unless the concluded Agreements or GTC-C stipulate otherwise in particular cases, the contracting parties are not entitled to cancel the Agreement before its proper fulfilment.

7. Seller’s contact details, address for delivery:

BIOMINDX s.r.o.

Rybná 716/24, 110 00 Praha 1,

Czech Republic

email: info@biomindx.com

tel.: +420 774 626 447

These General Terms and Conditions come into force and effect on November 15, 2021.