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    Home / Terms and Conditions

    Terms and Conditions

    TERMS AND CONDITIONS

    trading company  Higarden s.r.o.
    based in K žižkovu 640/1 Praha 9 19000, Czech Republic
    identification number: 04319346
    for the sale of goods through the online store higarden.eu

    These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the Higarden s.r.o. trade company, with its registered office at K žižkovu 640/1 Praha 9 19000, Czech Republic, ID: 04319346 (hereinafter referred to as the “Seller”), in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the Contracting Parties arising in connection or on the basis of a purchase contract (hereinafter referred to the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on the Internet website www.higarden.eu (hereinafter referred to as the “Website”) through the web interface (hereinafter the “Web Interface Business”).

    CONTENT

    1. Introductory Provisions
    2. User Account
    3. Notice to the Buyer, Who is a Consumer, Before Concluding the Purchase Contract
    4. Closing the Purchase Contract
    5. Price of Goods and Payment Conditions
    6. Withdrawal from the Purchase Contract
    7. Transport and Delivery of Goods
    8. Rights from Defective Fulfillment
    9. Other Rights and Obligations of the Contracting Parties
    10. Declaration on Privacy Protection
    11. Final Provisions

    I.

    Introductory Provisions

    1. The Terms and Conditions do not apply in cases where a person intending to buy the goods from the Seller is a legal entity or person acting within business activities when ordering goods or in independent pursuit of their profession.

    2. The provisions derogating from the terms and conditions may be negotiated in the Purchase Contract. Derogation arrangements in the Purchase Contract prevail over the provisions of the Terms and Conditions.

    3. The Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are prepared in English. The Purchase Contract can be concluded in English.

    4. The wording of the Terms and Conditions and their components may be unilaterally changed or supplemented by the Seller in accordance with the law. This provision does not affect the rights and obligations incurred by the Buyer before the date of entry into the effectiveness of the new version of the Terms and Conditions or parts thereof.

    II.

    User Account

    1. Based on the Buyer's registration on the website, the Buyer can access their user interface. From the user interface, the Buyer can perform the ordering of goods (hereinafter referred to as the “User Account”).

    2. In case the web interface of the shop allows, the Buyer can also order goods without registration directly from the web interface of the shop.

    3. During registration on the website and ordering the goods, the Buyer is obligated to provide correct and truthful data. The Buyer is obligated to update the data given in the user account upon any change. The data provided by the Buyer in the user account and when ordering the goods are considered to be correct by the Seller.

    4. The data provided by the Buyer during registration are divided into mandatory fields and optional fields. The mandatory fields are necessary data for the conclusion and implementation of the Purchase Contract between the Seller and the Buyer. The optional fields can be voluntarily provided to the Seller by the Buyer and these voluntarily provided data may increase the Seller’s comfort during the contract’s fulfilment, or used to personalize the Buyer for better targeting of business messages.

    5. Access to the user account is secured by a username and password. The Buyer is required to maintain confidentiality regarding the information necessary to access his/her user account.

    6. The Buyer is not authorized to allow the use of the user account to third parties.

    7. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 2 years, if the Buyer violates his/her obligations under the Purchase Contract (including the Terms and Conditions) or if the Seller changes the technology so that it is incompatible with the previous system.

    8. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, and the maintenance of the hardware and software equipment of third parties.

    9. The Seller is not liable for the functionality of the user account and reserves the right to change the functionality of the user account without prior notice.

     

    III.

    Notice to the Buyer, Who is a Consumer, Before Concluding the Purchase Contract 

    1. To Buyers who intend to enter into a contractual relationship with the Seller, the Seller communicates information that the Buyer finds in the document:

      - “Notice to the Buyer, Who is a Consumer, Before Concluding the Purchase Contract”

    2. Furthermore, the Seller makes available to the Buyer the content of the following documents:

      - “Payment & delivery”

      - “ Return & Complaints”

      - “Privacy Policy”

    3. By sending the order, the Buyer confirms that they have read these Terms and Conditions, as well as the documents listed in Article III.2. of these Terms and Conditions.

    IV.

    Concluding the Purchase Contract

    1. All presentations of the goods on the web interface of the shop are informative and the Seller is not obliged to conclude a Purchase Contract for these goods.

    2. The web interface of the shop contains information about the goods, including the indication of the prices of the individual goods. The prices of goods are specified including value-added tax and all related fees. The prices of goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not restrict the Seller’s ability to conclude a Purchase Contract at individually negotiated conditions.

    3. The shop’s web interface includes information on the cost of packaging and delivering the goods.

    4. To order the goods, the Buyer completes the order form in the web interface of the shop. The order form particularly contains information about:

      a) the ordered goods (the Buyer “places” the ordered goods into the electronic shopping cart of the web interface of the shop);

      b) the method of paying the purchase price of the goods, information about the required delivery method and

      c) information about the costs associated with the delivery of the goods (collectively referred to as the “Order”).

    5. The Order is sent by the Buyer to the Seller by clicking on the “FINISH ORDER” button. The data specified in the order are deemed correct by the Seller. The Seller will confirm immediately upon receipt of the order to the Buyer through e-mail, specifically to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s email address”).

    6. The Seller is entitled to ask the Buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated costs for transport).

    7. The contractual relationship between the Seller and the Buyer arises from the delivery of the confirmation of the order (acceptance), which is sent to the Buyer by e-mail to the Buyer’s e-mail address.

    8. The Buyer consents to use remote means of communication when concluding the Purchase Contract. The costs incurred by the Buyer when using remote means of communication associated with the conclusion of the Purchase Contract (costs of Internet connection, costs of telephone call) are borne by the Buyer him/herself. These costs do not differ from the basic rate.

    9. The Seller reserves the right to cancel an order for goods sold at less than 10% of the usual price or sold at a price lower than approx. 1,2 € (the transport price is not considered to be the price of the goods).

    V.

    Price of Goods and Payment Conditions

    1. The price of the goods and any costs associated with the delivery of the goods according to the Purchase Contract can be paid by the Buyer to the Seller in a manner offered to him/her at the completion of the order. The price of the goods can be paid by bank transfer and at least one other online payment method, based on current availability.

    2. Along with the purchase price, the Buyer is also required to pay the costs associated with packaging and delivery of the goods at the agreed rate. Unless otherwise specified, it is further understood that the purchase price also includes the costs associated with the delivery of the goods.

    3. The Seller does not require from the Buyer a deposit or other similar payment. This does not affect the provisions of Article V.6. of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

    4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 5 business days of concluding the Purchase Contract.

    5. In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods and provide the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

    6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article IV.6.), to demand payment of the full purchase price before sending the goods to the buyer.

    7. Discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

    8. If it is customary in the course of a business transaction or if it is stipulated by generally binding legal regulations, the Seller will issue a tax document (an invoice) to the Buyer regarding the payments carried out on the basis of the Purchase Contract. The Seller is a VAT payer. The tax document - invoice is issued by the Seller to the Buyer after paying the price of the goods and sent (in electronic form) to the Buyer’s e-mail address.

    VI.

    Withdrawal from the Purchase Contract

    1. The Buyer acknowledges that according to applicable law, it is not possible, inter alia, to withdraw from the Purchase Contract of: 
      1.1 goods modified according to the requirements of the Buyer or his/her person,
      1.2 goods which have been irreversibly mixed with other goods after the delivery,
      1.3 goods delivered in sealed packaging which the consumer has removed and now the goods cannot be returned for hygienic reasons
      1.4 goods purchased by a juridical person

    2. Except for cases referred to in Article VI.1. or in other cases where the Buyer cannot withdraw from the Purchase Contract, the Buyer has the right to withdraw from the Purchase Contract within 14 (fourteen) days of receiving the goods.

    3. The Seller provides the Buyer with a period for returning the goods in the form of a contractual withdrawal from the contract (except for goods for which the right of return is excluded) in the period between the fifteenth (15th) and thirtieth (30th) day from the date of receipt of the goods.

    4. In case the subject of the Purchase Contract is several types of goods or the delivery of several parts (packages), this period runs from the date of the last delivery. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in Article VI.2. and VI.3. To withdraw from the Purchase Contract, the Buyer can use the withdrawal from the contract. The withdrawal from the Purchase Contract may be sent by the Buyer to the address of the Seller’s premises or to the Seller’s e-mail address info@higarden.eu.

    5. In case of withdrawal from the Purchase Contract according to Article VI.2. or VI.3. of the Terms and Conditions, the Purchase Contract is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of the date of sending the contract withdrawal to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by their normal postal route.

    6. In case of withdrawal from the Contract according to Article VI.2. of the Terms and Conditions, the Seller will reimburse the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Contract. In the case of cash on delivery, the funds will be returned to a bank account, in other cases, they will be returned in the same manner as the Seller received them from the Buyer. The seller will return the payment in the same manner in which it has been received unless the buyer states otherwise. This will not incur additional costs for the buyer. The seller is not obliged to return the funds before the buyer returns the goods or demonstrates that the goods have been sent to the seller.


    7. In case of withdrawal from the contract according to Article VI.3. of the Terms and Conditions (contractual withdrawal), the Buyer is entitled to a refund of the purchase price of the goods (after deducting any additional costs or claims of the seller), by returning funds received from the buyer within fourteen (14) days of withdrawal from the Purchase Contract or by credit or voucher in the value of the purchase price of the returned goods usable for further purchase of products in the store or on the Seller's online store.

    8. In the event that withdrawal from the Purchase Contract according to Article VI.2. or VI.3. of the Terms and Conditions is implemented through the seller's point of sale outside the territory of the Czech Republic (contractual partner of the Seller), the Seller is not obliged to immediately pay the Buyer funds or issue a voucher (credit). In such a case, the Buyer is obliged to inform the Seller of the bank account number (IBAN) to which the funds will be transferred within 14 days. In the case of a voucher (credit), the Buyer will inform the Seller of the correspondence or e-mail address to which the voucher will be sent within 14 days.

    9. The Seller is entitled to deduct the compensation for damages incurred to the goods from the compensation for the purchase price claimed by the Buyer.

    10. In cases where the Buyer has the right to withdraw from the Purchase Contract, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer takes over the goods. In case of payment in advance, the Seller will return the purchase price in the same way as it was received, or to the Buyer’s bank account, the choice is up to the Seller. The Seller is entitled to use the procedure under this Article, especially in the event of an obvious error in the price of the goods.

    11. If a gift is provided to the Buyer along with the goods, the gift agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift agreement ceases to be effective and the Buyer is obliged to return the goods along with the provided gift to the Seller. If it is not possible to return the gift, the Seller is entitled to monetary compensation in the amount of the usual price of the gift.

    12. The Seller reserves the right to cancel the order of goods for which multiple discount coupons have been applied instead of one, or if more than a 20% discount is applied to already discounted goods.

    VII.

    Transport and Delivery of Goods

    1. In case the transport method is agreed upon on the basis of the Buyer’s special request, the Buyer bears the risk and any additional costs associated with this method of transport.

    2. If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, according to the Purchase Contract, the Buyer is obliged to take over the goods upon delivery. If the Buyer does not take over the goods upon delivery, the Seller is entitled to the reimbursement of the cost of repeat delivery and the costs incurred in a total amount of 8 € (in words: eight Euros) and moreover, the Seller is entitled to withdraw from the Purchase Contract. If the Buyer does not take over the goods upon delivery, the Seller is also entitled to place him/her on its list of unreliable Buyers (“blacklist”), and everyone listed on the Seller’s blacklist is obliged to pay for the ordered goods before their sending. This list of unreliable Buyers is maintained by the Seller, serves only for internal needs and is not published in any way.

    3. In case, due to reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or costs associated with using another delivery method.

    4. Upon receiving the goods from the carrier, the Buyer is obliged to check the packaging of the goods and, in case of any defects, notify the carrier without undue delay. In case of a breach into the packaging indicating unauthorized entry into the shipment, the Buyer is not required to take over the delivery of the shipment from the carrier.
    5. The free shipping offer provided by the Seller does not apply to oversize packages which are shipped in a manner agreed upon individually. The Buyer is entitled to cancel the Order after learning the shipping price.
    6. Other rights and obligations of the parties in the transport of goods may be adjusted by special delivery conditions of the Seller if issued by the Seller. The cost of transport and other information can be found HERE.

    VIII.

    Rights from Defective Fulfilment

    1. The rights and obligations of the Contracting Parties regarding the rights arising from defective fulfilment abide by the relevant generally binding legal regulations (especially § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code of the Czech Republic.

    2. The Seller is responsible to provide the Buyer with goods which are non-defective upon delivery. The Seller is especially responsible to the  Buyer for the following (at the time the Buyer takes over the goods):

      a) the goods have the characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the Seller or the manufacturer described or which the Buyer expects with regard to the nature of the goods and the way they are promoted;

      b) the goods are suitable for the purpose the Seller indicates or for which the item of its kind is normally used;

      c) the goods correspond to the quality or performance of the contractual sample or original if the quality or design was determined according to an agreed sample or original

      d) the goods are in the appropriate quantity, measurement or weight;

      e) the goods comply with the requirements of the legislation.
    3. The provisions set out in Article VIII.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods with a defect corresponding to the degree of use or wear, or if the defect is a result of the nature of the goods.
    4. If there is a defect within six months from the receipt of the goods, the goods are considered to have been defective already at takeover. The Buyer is entitled to claim a defect that occurs with consumer goods within twenty-four months of the takeover.

    5. Rights from defective fulfilment are claimed by the Buyer from the Seller at its premises, where the receiving of the complaint is possible with regard to the range of the sold goods, eventually even at the registered office or place of business.

    6. Other rights and obligations of the parties related to the Seller's liability for defects are governed by the Complaints Procedure of the Seller that can be found here.

    IX.

    Other Rights and Obligations of the Contracting Parties

    1. The Buyer acquires the ownership of the goods by paying the full purchase price of the goods.

    2. The Seller is not bound by any codes of conduct in relation to the Buyer (in accordance with article § 1826 1e) of the Civil Code of the Czech Republic).

    3. Out-of-court settlements of consumer disputes arising from the Purchase Contract are a matter of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: http://www.coi.cz.

    4. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., on Consumer Protection, as amended.

    5. The Seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office.

    6. The Office for Personal Data Protection supervises the area of personal data protection.

    7. The Buyer hereby assumes the risk of changing circumstances.

    X.

    Declaration on Privacy Protection

    1. With the fact that the Buyer/Visitor of the web interface of the shop (hereinafter referred to as the “Buyer/Visitor”) browses the Seller's web interface of the shop, he/she contacts the Seller through social media or he/she provides their personal data to the Seller in a different way (including participation in contests or by attending events published on the web interface of the shop), such a person confirms that he/she is familiar with the provisions of these Terms and Conditions on Privacy Protection.

    2. The Seller is the administrator of the Buyer’s personal data and data about visitors to the web interface of the store.

    COLLECTING DATA

    • We obtain the Buyer’s data solely from the Buyer. The Seller does not obtain any data about the Buyer from other external sources, besides data provided by visiting the web interface of the shop.

    The personal data the Buyer/Visitor provides to the Seller may include:

    1. data on the person of the Buyer: name, surname; e-mail address; telephone number; bank account information; gender; date of birth; data specified in correspondence; updating the data provided to the Seller;

    2. data about the visitors of the web interface of the shop within the range of the IP address; username; details of payments; order history; the domain name and country the data request is sent to; type and version of the browser; types and versions of browser add-ons; operating system and platform; visitation data, including website URLs that link to the web interface of the shop, through the web interface of the shop, or from the web interface of the shop (including date and time), the time and duration of visits to certain pages, data on page interaction (e.g. browsing, clicks, and mouse pointer location), page exit methods, traffic data, placement data, and other data provided when requesting additional services or downloading;

    3. data on the goods that the Seller provides to the Buyer: the data needed to provide the goods (including data from account opening forms, order details, order history, payment details, delivery addresses, requirements and restrictions connected to deliveries, business references and tax information); data for customer service, and data for customer relationship management and marketing (for example data provided by the Buyer via e-mail or a satisfaction questionnaire or review service e.g. truspilot.com);

    4. if the Buyer uses a social media profile to establish contact with the Seller or to gain information on the Seller's goods (including preferences and communication with the Seller on Facebook, Instagram and Twitter), and data which the Buyer/Visitor publishes on the Seller’s profile related to the Seller’s business;

    USE OF DATA

    • The Seller collects, uses and stores the personal data specified above for the following reasons:
    • If the Visitor/Buyer visits the web interface of the shop:

    1. to enable access to and use of the web interface of the shop;

    2. to provide technical support;

    3. to provide the information and services required by the Buyer/Visitor;

    4. to ensure the security of the provided services and the web interface of the shop;

    5. to store information about the preferences of the Visitor/Buyer to customize the web interface of the shop to individual interests;

    6. to recognize the Visitor to the web interface of the shop upon repeated access;

    7. to process orders for goods or services;

    8. to improve and maintain the web interface of the shop, and to compile traffic statistics for the web interface of the shop.
       

    This information will be as anonymous as possible and the Buyer/ Visitor cannot be identified from the collected data. This information will be stored for no longer than 30 days.

    •  If the Seller provides the Buyer with goods or services:

    1. for the purpose of providing ordered goods or services (including the ability to confirm and process orders, manage customer accounts, taxes and expenses, billing and debt recovery);

    2. for the purpose of solving any inquiries or problems encountered in the sold goods or provided services, including any questions the Buyer may have regarding the manner in which his or her personal data are collected, stored and used, or the requirements for the provision of copies of the data, which the Seller manages for the person of the Buyer. 

    The data specified in letters a) and b) will be retained by the Seller for a general archiving period of 5 years.

     

    • If the Buyer has given the Seller consent for marketing purposes, the Seller processes the Buyer's personal data for sending marketing offers or business messages in the form of e-mails, providing information about the Seller's products and services and advertising messages.

      The consent to the processing of personal data granted to the Seller for marketing purposes is valid for a period of 5 years, but no longer than the revocation of the consent by the Buyer.

    • If the Buyer has set up a customer account with the Seller, the Seller processes personal data about the Buyer within the scope of Articles X.5.2 and X.5.3.

    The data specified in the customer account is processed by the Seller for the duration of the Buyer's registration as the Seller's customer until the cancellation of the customer account. Subsequently, the data from the customer account are stored for a reasonable period of time only to the extent of basic identification data, and data on the reason for which the customer account was cancelled or data forming part of operating advances.

    • For the purpose of complying with all procedures, laws and regulations that relate to the Seller.

    • For the purpose of exercising or defending the Seller’s legal rights.

    LEGAL BASIS FOR THE USE OF PERSONAL DATA

    • The legal basis for the use of personal data as described in this article on privacy protection is as follows:

    1. the use of personal data is necessary for the Seller to fulfil his/her obligations under any contract with the Buyer (for example, to execute an order, to comply with the terms of use of the web interface of the shop;

    2. the use of personal data is necessary to comply with the Seller’s legal obligations (such as providing data to the tax office);

    3. if (1) nor (2) apply, the use of personal data is necessary for the legitimate interests of the Seller (e.g., operate the web interface of the shop, provide goods and services to the Buyer, execute and receive payments)

    A special category of personal data may be used by the Seller only if the Buyer has given his or her consent (which may at any time be revoked as follows below).

    1. In the future, the use of other personal data may be subject to the Buyer’s consent (which may be revoked at any time as follows below).

    2. If the Buyer has given his/her consent to the processing of personal data beyond the extent of meeting the obligations arising from the contract or order (especially for marketing purposes), he/she may revoke his/her consent at any time – in this case, the Buyer may contact the Seller at a special contact for personal data protection: info@higarden.eu and the Seller will not further use the revoked personal data. 

    COOKIE FILES

    1. Some pages on the web interface of the shop use cookies, which are small files placed in the web browser when the Visitor/Buyer visits the web interface of the store.

    2. Cookies serve several purposes. We use the following cookies on the pages of our web interface of the store:

    • Technical cookies (essential) help make the website usable by enabling basic functions such as site navigation and access to secure sections of the website. The website cannot function properly without these cookies.

    • Preferential (functional) cookies allow the website to remember information that changes how the website behaves or looks. For example, to automatically set the preferred language or region. In this case, the password is always encrypted. The use of these cookies is not necessary, but it will make the visit to the seller's online store much more pleasant and easier.

    • Statistical and marketing (analytical) cookies: help website owners understand how visitors use the website. They collect and communicate information anonymously. Analytical cookies on the store's web interface are collected through a digital marketing script from Google Inc., which then anonymizes this data. After anonymization, it is no longer personal data, because anonymized cookies cannot be assigned to a specific visitor/buyer, resp. specific person. The seller cannot find out from cookies how a specific user behaved on the web interface of the store (what pages he visited, what goods he viewed, etc.). The seller also uses the knowledge from these cookies for advertising purposes, whereby on the basis of this data the seller can also display advertising on third-party websites, which he considers relevant in relation to the visitor.
    1. The visitor/buyer can have control over what cookies the seller processes. The visitor/buyer can use this add-on program from Google (it can only be run from a computer). Or, the visitor can use one of the common Internet browsers (eg Safari, Firefox, Chrome) with the anonymous browsing function turned on, which prevents the storage of data about visited websites, or you can completely disable the storage of cookies in your browser. However, if the visitor of the store's web interface also disables the processing of technical and functional cookies, this will prevent the functioning of some functions. By disabling analytic cookies, the visitor will not prevent the display of marketing offers, they will only be less relevant to them.

    2. If the visitor or Buyer uses the web interface of the store and does not take the measures described in Article X.12., he/she agrees to the use of cookies by the Seller, as described in those Terms and Conditions.

    THE RIGHTS OF PERSONS WHOSE PERSONAL DATA ARE PROCESSED

    1. In relation to personal data, any person about whom such data is processed has the following rights:

      Right of access - the right to request the Administrator to access personal data that the Administrator processes about the provider, in particular to the extent of:

      • what are the specific purposes of the processing of the personal data provided;

      • what are the categories of personal data concerned;

      • who, in addition to the Administrator, are the recipients of personal data;

      • the planned period for which personal data will be stored with the Administrator;

      • whether the provider has the right to request or correct from us the correction or deletion of personal data or the restriction of their processing;

      • information about the source of personal data, if not obtained from the provider.

    Right of correction - the provider's right to ask the Administrator to correct inaccurate or incomplete personal data

    Right to delete - the provider's right to ask the Administrator to delete personal data (if the Administrator has not already done so himself) if any of the following situations occur:

    1. personal data are no longer needed for the purposes for which they were collected or otherwise processed;

    2. the consent on the basis of which the personal data were processed has been revoked and there is no other legal reason for their processing;

    3. an objection has been raised to the subject of a decision based on the automated processing of personal data and there are no overriding legitimate reasons for such processing or an objection has been raised to the processing of personal data for direct marketing purposes;

    4. personal data have been processed illegally;

    5. personal data must be deleted in order to comply with a legal obligation laid down in Union or Member State law applicable to the Administrator;

    Right to restrict processing - The right to request the Administrator to restrict the processing of personal data if any of the following situations occur:

    1. the provider has denied the accuracy of the personal data for the time necessary for the Administrator to verify the accuracy of the personal data;

    2. the processing of personal data is illegal, but the provider refused to delete this data and instead a request was made to restrict their use;

    3. The controller no longer needs personal data for processing purposes, but the provider requires them to determine, enforce or defend legal claims;

    4. An objection was raised against the processing of personal data pursuant to Article 21 (1) of the GDPR Regulation until it is verified that the legitimate reasons of the Administrator outweigh the legitimate reasons

    Right to data portability - in cases provided for in the GPDR Regulation, the right to obtain personal data concerning the provider in a structured, commonly used and machine-readable format, provided that this right must not adversely affect the rights and freedoms of others

    Right to revoke consent - if the processing of personal data is based on consent, the provider has the right to revoke the processing of personal data for the purpose for which the consent was given at any time

    Right to object - the right at any time to object to the processing of personal data by the Administrator for the purposes of direct marketing carried out on the basis of the legitimate interest of the Administrator

    The right to file a complaint - the right to file a complaint with the supervisory body, which is the Office for Personal Data Protection, Lt. Col. Sochora 27, 170 00 Prague 7, www.uoou.cz

    1. All of the above requirements will be assessed by the Seller and resolved within a reasonable period (always at the latest within the legally required period).

    2. However, the Seller points out that certain personal data may be excluded from the above requirements under certain circumstances. If such an exception occurs, the Seller will report this in response to the received request. Before the Seller can respond to requests, he/she may ask the applicant to provide the information necessary to verify his/her identity.

    SECURITY

    1. The Seller takes great care with the protection of personal data against loss, misuse, disclosure, alteration, unauthorized access, unavailability and destruction, and takes all reasonable precautions to protect the confidentiality of personal data, including appropriate organizational and technical measures. The organizational measures include control mechanisms that restrict physical access to the Seller’s administrative premises, employee training, and physical locking of files in file cabinets. The technical measures include the use of encryption, passwords for access to the Seller’s systems, and the use of antivirus software.

    2. When providing personal data, the personal data may be transmitted over the Internet. Although the Seller makes every effort to protect the personal data provided by the Buyer, the transfer of data over the Internet is not entirely secure. Thus the Buyer acknowledges and accepts that the Seller cannot guarantee the security of the personal data transferred to the Seller’s website and that such a transmission is at his/her own risk. Once the Seller receives the personal data, he/she will use strict procedures and security features to prevent unauthorized access to that data.

    3. If the Seller assigns a password to the person of Buyer/Visitor, or if the Buyer chooses to grant it access to the customer account, that person is responsible for maintaining this password secret.

    4. The web interface of the shop and the social media site may occasionally include links to sites operated by third parties, including affiliate networks and group companies of the Seller. The Seller points out that these provisions on privacy protection apply only to the personal data collected by the Seller through the web interface of the shop and social media sites, and that it cannot be held responsible for personal data collected and stored by third parties. Third-party websites have their own conditions for privacy protection, and the person accessing them should be aware of them before submitting any personal data to these websites.
       

    XI.

    FINAL PROVISIONS

    1. If a relationship based on a Purchase Contract contains an international (foreign) element, then the parties agree that the relationship is governed by local law. This does not affect the rights of the consumer under generally binding legal regulations.

    2. If any provision of the Terms and Conditions is invalid or ineffective, or if this occurs, instead of invalid clauses, a provision will be introduced so that the purpose of the invalid clause is as close as possible to the original. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

    3. Relationships and possible disputes arising on the basis of the Contract will be settled exclusively according to the law of the European Union.

    4. Possible disputes between the Seller and the Buyer can also be solved through an out-of-court settlement. In this case, the Buyer - Consumer may contact a non-judicial dispute resolution authority, such as the Czech Trade Inspection

    5. The Contract is concluded in English. If a translation of the text of the Contract is created for the Buyer’s need, the interpretation of the contract in English will apply in the case of a dispute over the interpretation of the terms.

    Contact details of the Seller:
    Address: K Žižkovu 640/11, Praha 9 - Vysočany 190 00

    E-mail address: info@higarden.eu

    telephone +420 777 968 622

     

    Prague,  16. 05. 2022