Business Terms and Conditions

Business Terms and Conditions of the e-shop www.carun-pharmacy.eu

Service operator:

CARUN PHARMACY s.r.o., incorporated in the Commercial Register with the Regional Court in Ostrava, Section C, Inset No. 54457

Registered office: Obchodní 132, 251 01 Čestlice

Company ID number: 294 52 996

Contact e-mail: info@carun.cz

(hereinafter “Carun”)

1. Who are we and what do we do?3>

We are Carun, a solely Czech manufacturing and retail company, offering you a wide range of tried-and-tested cannabis products.

1.1. At the address www.carun-pharmacy.eu Carun operates an e-shop (hereinafter the “e-shop”) that offers tried-and-tested professionally prepared cannabis products.

1.2. The contractual relationship between Carun and you is governed by these Business Terms and Conditions and the relevant legal regulations, in particular Act No. 89/2012 Coll., the Civil Code..

2. Conclusion of Purchase Contract

The process of concluding a purchase contract between you and Carun through an order at the e-shop and its subsequent course are described below.

2.1. You can buy goods from Carun using an order form at the e-shop.

2.2. The form includes information in particular about:

  • The goods;
  • The price;
  • The method of payment of the purchase price;
  • Information about the requested method of delivery of the goods; and
  • Information about the costs related to the delivery of goods.

An order is created (hereinafter an “Order”) based on the provision of this information.

2.3. Before sending an Order, Carun enables you to check and change the information in the Order. The information you input as a part of an Order is regarded as being up to date, truthful and precise.

2.4. After it receives an Order, Carun will confirm its acceptance by sending you an e-mail, to the e-mail address you stated in the Order or in your user account.

2.5. A purchase contract between Carun and you is concluded at the moment you receive confirmation of the receipt of an Order from Carun.

2.6. You yourself pay the costs of using communication means that arise in connection with negotiations on the conclusion of a purchase contract, where such costs will in no way differ from the base rate.

2.7. The goods will be delivered to you within 30 days of the conclusion of a purchase contract. Carun reserves the right to withdraw from the purchase contract in the event the goods ordered are not in stock and will not be received within 30 days of the conclusion of the purchase contract.

2.8. In accordance with the Act on Records of Revenues, Carun is obligated to issue you with a receipt. Is it also obligated to record the revenue received online with the tax administrator; in the event of a technical fault, this must be done within 48 hours.

2.9. The information about the goods and price presented by Carun is binding, with the exception of any clear errors. The prices are presented including all taxes (e.g. VAT) and charges, with the exception of the costs of delivering goods and packaging.

2.10. You are obligated to accept the goods. If you do not accept the goods delivered to the delivery address stated in your Order, Carun is entitled to withdraw from the purchase contract and you are obligated to compensate Carun for all costs Carun incurred in connection with the sending of goods in accordance with your Order.

2.11 This contract can be concluded in Czech, Slovak or English.

3. How does a user account work?

After inputting personal access information and the password you can manage your Orders at www.carunpharmacy.eu . During registration, however, we would like to ask you to input current data and respect the user rules - both those that we set as a part of these conditions or those that are required by acts valid in individual countries.

3.1. After the performance of registration, you have access to your user interface (hereinafter the “User Account”).

3.2. In the User Account you are obligated to state all information correctly and truthfully and also keep it upto-date.

3.3. Access to the your User Account is always secured using a username and password.

3.4. Please take note that a User Account or website may not be available non-stop, especially with regard to the necessary hardware and software maintenance of the equipment, or the necessary hardware and software maintenance of our sub-contractors’ equipment. Carun is not liable for damage caused by any unavailability.

3.5. Carun is entitled, following prior warning, to cancel your User Account, if you breach the Business Terms and Conditions set by Carun or you breach the legal regulations or rights of third parties.

4. What personal data of yours do we process?

When registering for a User Account, as well as when ordering goods, personal data you input are processed.

This processing serves for the establishing and functioning of accounts and for the administration of Orders.

You will receive information about personal data processed for the purpose of ordering goods before the actual making of an Order.

You can find the information about personal data input during registration for a User Account for the purpose of its administration below.

If you want to know more about processing, read the more detailed information here or contact us. Carun (hereinafter the “Controller”), in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation) (hereinafter referred to only as the “GDPR”) processes the following personal data of a Buyer:

  • Name and surname;
  • Telephone number;
  • E-mail address;
  • Address;
  • Invoicing address;
  • Company name;
  • Company registered office;
  • Company ID number, tax ID number;
  • Bank account number.

4.1. The aforementioned personal data will be processed for the purpose of identification of the contracting parties, communication between the contracting parties and the performance of a contract concluded, for the duration of the contractual relationship and also for a further 10 years, unless a legal regulation requires processing for a longer time or unless such processing is necessary for the purposes of protecting the Controller’s rights and interests protected by the law. Such procedure is enabled by Article 6(1)(b) and (f) of the GDPR.

4.2. An e-mail address, in the event of the purchase of goods, can be processed for the purpose of including it in the database for sending commercial communications. This procedure is enabled by Section 7(3) of Act No. 480/2004 Coll., on information society services, based on a purchase of goods made, unless you reject them. Such communications can concern only similar goods and a client can de-register for them at any time in a simple manner – by sending a letter, e-mail or clicking on a link in the commercial communication. For this purpose an e-mail address will be processed by the Controller for three years from the last contract concluded, unless you extend such time.

4.3. The Seller declares that all personal data are confidential and will not be provided to any third party. There are exceptions to this for carriers, to which Buyers’ personal data are handed over to the minimum extent necessary for the delivery of goods, providers of assessment services, to which Buyers’ personal data are handed over to the minimum extent necessary for the performance of assessment, payment gate providers, to which Buyers’ personal data are handed over to the minimum extent necessary to enable payment for an Order, and also processors, who can be:

a. The provider of webhosting, WEDOS Internet, a.s., registered number: 28115708, registered office: Masarykova 1230, Hluboká nad Vltavou, 373 41, entered in a public register maintained by the Regional Court in České Budějovice in section B, entry 1886.

b. The provider of the cloud solution for the accounting system, iPodnik Cloud s.r.o., registered office: Jiráskova 306, Jinočany, 252 25, C 159262, registered with the Municipal Court in Prague.

c. The operator of the mobile application, Asymbo s.r.o., registered office: Hradilova 4/3, Židenice, 615 00 Brno, C 95049, registered with the Regional Court in Brno. d. Individual issue points, if the customer chooses the transport of goods to the issue point of a franchising retailer. e. Any other processors with which the Seller commences co-operation in the future.

4.4. The Buyer takes note that according to the GDPR he is entitled:

  • To ask the Seller for information about what personal data of his will be processed;
  • To request from the Seller access to such data and have them updated or rectified, or to request a restriction of processing;
  • To request from the company the erasure of personal data – the company will perform erasure if the erasure is not in conflict with par. 1 hereof and the company’s legitimate interests;
  • To make an objection in the event of processing performed based on the Seller’s legitimate interest;
  • To the portability of data and the right to request a copy of personal data processed, to make a complaint to the Office for Personal Data Protection and the right to effective court protection, if the Buyer believes that his rights in accordance with the GDPR were breached as a consequence of the processing his personal data in conflict with the GDPR.

5. Are you a consumer?

If you use our service for private purposes, take a look at the rights that Czech laws provide you with.

5.1. The provisions of this article will be used only in the event you enter a contractual relationship with Carun solely as a consumer, i.e. as a person that is entering into it outside the framework of his business activities or outside the framework of the independent performance of his occupation.

5.2. In accordance with the Civil Code, a consumer has the right to withdraw from a contract within 14 days of concluding it, without giving a reason.

5.3. You have the right to withdraw from a purchase contract within 14 days of the acceptance of goods, regardless of the method of accepting goods or making payment.

5.4. Carun is obligated to return to a consumer an amount fully corresponding to the price of the goods and costs of their delivery paid within 14 days of withdrawal from the contract, in the same way as that in which it received the payment from you. No later than by the same deadline you are obligated to send Carun the purchased goods or hand them over. The goods should be returned to Carun (not cash on delivery) complete, best of all in the original packaging, they cannot have signs of wear and tear or damage. You bear the costs of returning goods.

5.5. If returned goods are damaged due to a breach of your duty, Carun is entitled to claim from you compensation for the reduction in value and set it off against the amount returned.

5.6. A consumer has, in accordance with Act No. 634/1992 Coll., on consumer protection, a right to out-ofcourt resolution of a consumer dispute resulting from a contract. In such case a consumer is entitled to contact the Czech Trade Inspection Authority (Central Inspection Authority - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, website: adr.coi.cz). An out-of-court resolution of a consumer dispute is commenced solely at the consumer’s proposal, in the event that the dispute cannot be resolved directly with the operator. An application can be submitted no later than within one year of the day a consumer exercised his right that is the subject of the dispute with the operator for the first time. A consumer has the right to start out-of-court resolution of a dispute online using the ODR platform available at the website ec.europa.eu/consumers/odr/.

6. What if goods purchased have a defect?

6.1. The details are determined by the Complaint Rules, which were sent to you together with the order confirmation.

7. General Provisions

Carun is entitled to amend the contractual terms and conditions in the future. If there is an amendment, Carun will send you an e-mail. In the event that, as a part of the use of the service, there is a dispute between you and Carun, the dispute will be decided by the Czech courts in accordance with Czech law.

7.1. Carun reserves the right to amend the business terms and conditions. If this happens, you will be notified of the amendment to the business terms and conditions by a notification sent to the e-mail address stated in your User Account.

7.2. If your contractual relationship contains an international element, then we herby agree that the decisive law is Czech law. Any disputes will be resolved by Czech courts.

7.3. If a provision of these terms and conditions is or becomes invalid or ineffective, then the validity of the other provisions is not affected by such invalidity or ineffectiveness.

These business terms and conditions come into effect on 23 May 2018.