Business Terms and Conditions
TERMS AND CONDITIONS
issued pursuant to Section 1751 of Act No. 89/2012 Coll., the Civil Code
Business name:
Dana Rohová
with place of business at Návršní 344, 251 68 Kamenice – Nová Hospoda
Identification No. (IČ): 45875359
for the operation of the online store through the website https://www.kvetinyonline.cz; e-mail address for electronic communications: kvetiny@kvetinyonline.cz
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the mutual rights and obligations arising from purchase agreements concluded between Dana Rohová, Identification No. 45875359, a self-employed natural person with place of business at Návršní 344, 251 68 Kamenice – Nová Hospoda (hereinafter referred to as the “Provider”), and natural or legal persons as customers (hereinafter referred to as the “Customer”) through the online store operated at https://www.kvetinyonline.cz (hereinafter referred to as the “Website”). The Terms and Conditions also govern rights and obligations relating to the use of the Website and other related legal relationships.
1.2. The Terms and Conditions form an integral part of every purchase agreement concluded through the online store on the Website. The purchase agreement is concluded in the language of the language version of the online store selected by the Customer, i.e. in Czech, English or Russian. The Terms and Conditions are available in Czech, English and Russian. The version of the Terms and Conditions in the language in which the purchase agreement is concluded shall apply to that purchase agreement.
1.3. The Provider is entitled to amend or supplement the Terms and Conditions. Any amendment to the Terms and Conditions shall not affect rights and obligations arising while the previous version was in effect. By submitting an order, the Customer confirms that they have read the Terms and Conditions and agree to the version in effect at the time the order is submitted.
2. SUBJECT MATTER OF THE PURCHASE AGREEMENT
2.1. The subject matter of the purchase agreement is the sale of goods offered by the Provider through the Website, in particular cut flowers, potted plants and other goods offered for sale. Under the concluded purchase agreement, the Provider shall arrange for the goods to be delivered to the address specified by the Customer. This will generally be the address of another person (hereinafter referred to as the “Recipient of the Goods”) or, where applicable, the Customer’s address.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. The Customer makes a proposal to conclude a purchase agreement by entering the required details and selecting a product at https://www.kvetinyonline.cz, after selecting through the application a product for which a price has been specified.
3.2. Before submitting the order, the Customer is given the opportunity to review and amend the information entered in the order and to correct any errors. The Customer submits the order to the Provider by clicking the button “Order with obligation to pay”. The Provider considers the information stated in the order to be correct.
3.3. The purchase agreement is concluded when the Provider accepts the order. The Provider shall confirm acceptance of the order to the Customer by e-mail sent to the e-mail address specified in the order. The confirmation e-mail contains the order details and, as attachments, the Terms and Conditions in PDF format in the version applicable at the time the order was submitted and the document Information on Withdrawal from the Purchase Agreement, including the model withdrawal form.
If, for any reason, the confirmation e-mail is not delivered to the Customer, the purchase agreement may nevertheless be deemed concluded where the subsequent conduct of the Customer and the Provider clearly demonstrates that both parties regard the agreement as having been concluded, for example through payment of the order within the meaning of Article 4.3 and its subsequent processing by the Provider, the handover or acceptance of the goods, or other conduct consistent with the existence of a concluded purchase agreement.
3.4. The Customer agrees to the use of means of distance communication when concluding the agreement. Any costs incurred by the Customer through the use of means of distance communication in connection with the conclusion of the agreement (e.g. internet connection costs) shall be borne by the Customer.
3.5. Depending on the nature of the order, in particular the quantity of goods, the purchase price or the anticipated delivery costs, the Provider is always entitled to request additional confirmation of the order from the Customer, for example in writing or by telephone.
3.6. The “Instructions for us” field is intended for supplementary information and requests from the Customer relating to the order. The Provider will take such instructions into account where reasonably possible; however, they shall not be binding on the Provider if they exceed the scope of the goods or services offered, alter the parameters of the ordered product or service, or have not been expressly confirmed by the Provider. Failure to comply with such a request shall not constitute a defect in the goods or a breach of the purchase agreement.
4. PURCHASE PRICE AND PAYMENT TERMS
4.1. The price of the goods is stated in the online store application at https://www.kvetinyonline.cz. Through the order form on the Website, the Customer selects particular goods or a service (an additional charge for a second delivery), for which a price is specified.
The Customer may pay the price of the goods and any costs associated with delivery under the purchase agreement to the Provider using the following methods:
payment by card;
bank transfer;
Apple Pay;
Google Pay.
4.2. In addition to the purchase price of the goods, the Customer is required to pay any applicable delivery costs. The amount of these costs is displayed to the Customer during the ordering process before the order is submitted and is included in the total price of the order.
4.3. In the case of payment by bank transfer, the Customer is required to pay the total price of the order using the relevant variable symbol. Payment shall be deemed made when the full amount is credited to the Provider’s bank account. The Provider will begin processing and preparing the order only after the payment has been credited to its account.
If payment is not credited in sufficient time for the order to be processed and delivered within the selected delivery period, the Provider is not obliged to comply with the selected delivery period and shall agree with the Customer on a new delivery period or another solution.
For payments by card, Apple Pay or Google Pay, payment shall be deemed made when the payment system confirms successful completion of the transaction. The Provider shall begin processing the order only after such confirmation.
4.4. Any discounts on the price of goods granted by the Provider to the Customer may not be combined.
4.5. The Provider shall issue a tax document where required by applicable law and shall generally send it electronically to the Customer’s e-mail address.
4.6. If the Customer is in default with payment of the purchase price, the Provider is also entitled to contact the Recipient of the Goods, where different from the Customer, for the purpose of obtaining the cooperation necessary to resolve the unpaid order. In doing so, the Provider shall not disclose to the Recipient any information concerning the Customer, the order or the payment beyond what is necessary for that purpose.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. Unless otherwise provided below, the Customer has the right to withdraw from a purchase agreement concluded through the online store without giving any reason within fourteen (14) days from the date on which the goods are received. If a single order comprises several items delivered separately, the withdrawal period shall run from the date on which the last item is received.
5.2. The right of withdrawal under Article 5.1 does not apply to goods liable to deteriorate rapidly, in particular cut flowers, or to any other circumstances in which Section 1837 of the Czech Civil Code excludes the right of withdrawal.
5.3. The Customer may withdraw from the purchase agreement by means of any unequivocal statement clearly indicating that they are withdrawing from the agreement. The Customer may send the notice of withdrawal in particular by e-mail to kvetiny@kvetinyonline.cz or in writing to the Provider’s address stated in these Terms and Conditions. To comply with the withdrawal period, it is sufficient for the notice of withdrawal to be sent before that period expires.
5.4. If the Customer withdraws from the purchase agreement, they must send or hand over the goods to the Provider without undue delay and no later than fourteen (14) days from the date of withdrawal, unless otherwise agreed with the Provider. The deadline is met if the Customer sends the goods before it expires.
5.5. The Customer shall bear the direct costs of returning the goods to the Provider. This shall not affect the Customer’s rights arising from defective performance or any claims arising from a justified complaint.
5.6. The Customer is liable for any diminution in the value of the goods resulting from handling the goods in a manner other than that necessary to establish their nature, characteristics and functioning. The Provider is entitled to take any such diminution in value into account when refunding the purchase price.
5.7. If the Customer withdraws from the purchase agreement, the Provider shall refund, without undue delay and no later than fourteen (14) days from the date on which the notice of withdrawal is received, all monies received from the Customer under the agreement, including delivery costs to the extent specified in Article 5.8.
The Provider is not required to make the refund before receiving the returned goods or before the Customer provides credible evidence that the goods have been sent back to the Provider, whichever occurs first.
Evidence of dispatch may include, in particular, a receipt confirming acceptance of the consignment by the carrier or other confirmation enabling verification that the consignment was actually handed over for transport and sent to the Provider. The mere creation of a shipping label, booking of transport or any other document that does not allow actual handover of the consignment to the carrier to be verified shall not constitute evidence of dispatch.
5.8. If the Customer withdraws from the purchase agreement only in respect of part of an order for which the right of withdrawal exists and retains the remaining goods, the original delivery costs shall not be refunded if those costs would have been the same even without the returned goods.
The amounts relating to the returned goods shall be refunded to the Customer using the same means of payment as used by the Provider to receive them from the Customer, unless the Provider and the Customer agree on another method that does not result in any additional costs to the Customer.
5.9. Where a free gift has been provided to the Customer together with the goods and, as a result of withdrawal from the purchase agreement or part thereof, the basis for providing the gift ceases to exist, the Customer is required to return the gift unless otherwise agreed with the Provider.
5.10. The Provider is entitled to withdraw from the purchase agreement in cases provided for by law or where an objective circumstance prevents proper fulfilment of the order, in particular where the ordered goods are not available in the required quality or where delivery to the requested place or at the requested time cannot be arranged due to objective reasons that the Provider could not reasonably influence or prevent.
The Provider is also entitled to withdraw from the purchase agreement in the event of an obvious error in the price, description or offer of the goods.
Before withdrawing from the agreement, the Provider shall, where reasonably possible, attempt to offer the Customer an appropriate alternative solution, in particular a change in the composition of the bouquet, a substitute product or a different delivery date.
If the Provider withdraws from the agreement, it shall inform the Customer without undue delay and refund all monies received in relation to the relevant order, generally using the same means of payment by which they were paid, unless otherwise agreed with the Customer.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. Unless otherwise provided in the purchase agreement, the method of transporting the goods shall be determined by the Provider, taking into account the place, date and circumstances of delivery. The Provider is entitled to use its own couriers, contracted carriers, partner flower shops, another person, or another suitable method of transport appropriate to the circumstances of the particular delivery. If the Customer requests a non-standard method of transport and the Provider agrees to such method, the Customer shall bear any additional costs, the amount of which shall be communicated to the Customer in advance.
6.2. If, for reasons attributable to the Customer (which also include an inability to deliver the goods to the Recipient), the goods must be delivered repeatedly or by a different method, the Customer is required to pay the costs associated with the repeated delivery or the costs associated with the alternative method of delivery.
Repeated delivery shall be arranged as necessary by e-mail, telephone or through other contact details provided by the Customer when completing the proposal to conclude the agreement.
6.3. The Provider reserves the right to contact the Recipient prior to delivery and verify their presence at the address stated in the order.
The Provider shall not be liable for delays caused by incorrect or incomplete information provided in the order or by an inability to hand over the goods for reasons attributable to the Recipient or the delivery location.
If it is not possible to hand the goods over to the Recipient or to contact the Recipient, the Provider may attempt to hand the goods over to a suitable substitute recipient, in particular a member of the household, neighbour, colleague, receptionist or another person at or in the immediate vicinity of the delivery location, provided that such a method of handover may reasonably be regarded as appropriate in the circumstances.
Where reasonably possible, the Provider shall inform the Recipient or the Customer of the substitute method of handover.
If the goods cannot be handed over in this manner and cannot be safely left at a location agreed in advance with the Customer or the Recipient, the Provider may return the goods to a partner establishment or another suitable location designated by the Provider. Any repeated delivery shall be governed by Article 6.2 of these Terms and Conditions.
6.4. During the periods from 11 February to 16 February, 6 March to 11 March, 7 May to 14 May, 25 June to 30 June and 17 December to 24 December, when the number of orders is usually significantly higher due to the nature of the goods sold, the selected delivery time slots are indicative.
The Provider shall always endeavour to deliver the goods within the selected time slot; however, during the periods specified above, delivery may be moved to the immediately following time slot. For orders scheduled for the final time slot of the day, a reasonable delay beyond the end of that time slot may occur.
This shall not affect the Customer’s statutory rights in the event of delay in the delivery of the goods.
6.5. The Provider shall not be liable for loss or damage resulting from delay or inability to deliver where performance of its obligation was prevented by an extraordinary, unforeseeable and insurmountable obstacle arising independently of its will which it could not reasonably control or the consequences of which it could not reasonably prevent.
Such an obstacle may include, in particular, a serious traffic accident, sudden road closure, extraordinary disruption to transport services, extreme weather conditions, a natural disaster, infrastructure failure or another comparable event.
If such a situation arises, the Provider shall, where reasonably possible, attempt to inform the Customer or Recipient and arrange delivery at the earliest possible time.
This shall not affect any rights of the Customer that cannot be contractually excluded under applicable law.
6.6. By prior agreement, the Customer may provide the Provider with their own gift or another item intended to be delivered together with the ordered goods.
The Provider does not inspect the contents of a sealed or wrapped item and shall not be liable for its contents, characteristics, quality, functionality, hidden defects or whether its contents correspond to the information provided by the Customer.
The Provider shall also not be liable for damage caused by the nature of the item or by unsuitable or insufficient packaging.
The Customer is responsible for ensuring that the item handed over is safe and suitable for transport and does not contain anything whose transport is prohibited or which could endanger persons, other consignments or the means of transport.
The Provider is entitled to refuse to accept such an item.
6.7. If an alcoholic beverage forms part of the order, it may be handed over only to a person over 18 years of age. If the person carrying out the delivery has doubts regarding the Recipient’s age, they are entitled to request proof of age by means of an identity document.
If the Recipient does not provide proof of age or is under 18 years of age, the alcoholic beverage shall not be handed over. This shall not affect the handover of the other goods included in the order.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE AND COMPLAINTS
7.1. The Provider is liable to the Customer for ensuring that, upon receipt, the goods conform to the purchase agreement, in particular as regards the agreed type, quantity, quality, description and other agreed characteristics.
When assessing conformity of the goods with the purchase agreement, account shall be taken of the nature of the goods and the natural variations referred to in Article 7.2 of these Terms and Conditions.
7.2. Cut flowers, plants and other natural products may naturally vary in colour, shade, shape, size or stage of bloom. Such natural variations shall not be considered defects.
Photographs of bouquets and other natural products are illustrative.
Where the product description or ordering process states that individual flowers or other elements may be substituted, the Provider may, in the event of their unavailability or inadequate quality, use a suitable alternative while maintaining the value and overall character of the ordered goods.
7.3. In the case of cut flowers, rights arising from defective performance shall be assessed taking into account their nature and usual natural lifespan.
Natural wilting or other changes corresponding to the period that has elapsed since delivery, the manner in which the flowers have been cared for and the conditions in which they have been stored shall not constitute a defect.
When assessing a complaint, particular regard shall be had to the condition of the flowers at the time of delivery, the time at which the alleged defect became apparent and compliance with the recommended care instructions.
7.4. In addition to statutory rights arising from defective performance, the Provider offers a 24-hour Freshness Guarantee for cut flowers from the time of delivery.
Any claim relating to flower freshness under this guarantee must be submitted no later than 24 hours after delivery.
The conditions of the Freshness Guarantee are stated on the Provider’s Website.
The Freshness Guarantee does not limit the Customer’s statutory rights arising from defective performance.
7.5. Rights arising from defective performance may be exercised in person at the business premises of KvětinyOnline – Dana Rohová, Jugoslávských partyzánů 33, 160 00 Prague 6, electronically at kvetiny@kvetinyonline.cz, or in writing at the Provider’s contact address stated in these Terms and Conditions.
When making a complaint, the Customer shall state in particular the nature of the alleged defect and the remedy sought.
Where necessary in view of the nature of the alleged defect, the Customer shall provide the Provider with reasonable cooperation enabling the complaint to be assessed.
In the case of cut flowers, taking into account their nature and the rapid changes in their condition, the Provider may request current photographs of the goods concerned or other supporting materials necessary to assess the complaint.
The Provider shall issue the Customer with confirmation that the complaint has been submitted, stating the date of submission, its contents, the remedy requested and the contact details for informing the Customer of the outcome.
The complaint, including rectification of the defect, shall be resolved without undue delay and no later than thirty (30) days from the date on which it is submitted, unless the Provider and the Customer agree on a longer period.
The Customer shall be informed of the outcome of the complaint within that period.
Once the complaint has been resolved, the Provider shall issue the Customer with confirmation of the date and manner in which it was resolved or, where applicable, a written statement of reasons for rejecting the complaint.
7.6. If the goods are defective, the Customer shall have the rights arising from defective performance to the extent provided for by applicable law.
Depending on the nature of the goods and the defect, these may include, in particular, the supply of defect-free or missing goods, rectification of the defect, an appropriate reduction in the purchase price or withdrawal from the agreement, provided that the statutory conditions for the remedy selected are satisfied.
7.7. The Provider shall not be liable for defects arising after receipt of the goods as a result of acts or omissions of the Customer, the Recipient or another person, in particular due to improper handling, incorrect storage, mechanical damage, use of the goods contrary to their nature or failure to follow the recommended care instructions.
Normal wear and tear or natural changes in the goods corresponding to their nature and usual lifespan shall likewise not constitute a defect.
7.8. If a complaint is justified, the Customer is entitled to reimbursement of reasonably incurred costs associated with making the complaint, to the extent provided for by applicable law.
7.9. The dimensions of bouquets stated in product descriptions are approximate. As bouquets are handmade products made from natural materials, their actual dimensions may reasonably vary.
8. INFORMATION ON THE PROCESSING OF PERSONAL DATA
8.1. The Provider is the controller of personal data. Personal data is processed 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 (hereinafter referred to as the “GDPR”).
For questions relating to the processing of personal data, the Provider may be contacted at kvetiny@kvetinyonline.cz.
8.2. Depending on the circumstances, the Provider processes in particular identification and contact details of the Customer and the Recipient of the Goods, information necessary for processing and delivering the order, information concerning orders and payments made, and information contained in communications exchanged between the parties.
8.3. Personal data is processed primarily for the purposes of concluding and performing the purchase agreement, processing and delivering the order, communicating with the Customer and the Recipient, handling complaints and other requests, complying with legal obligations, and protecting the Provider’s rights and legal claims.
Where permitted by applicable law, personal data may also be processed for direct marketing purposes. Where consent is required for a particular type of processing, personal data shall be processed for that purpose only on the basis of such consent.
8.4. The Provider’s legitimate interests include, in particular, protecting its rights and legal claims, ensuring proper delivery of the goods, resolving unpaid orders and direct marketing to existing customers, including reasonable personalisation of communications based on previous orders.
8.5. The Provider may use a customer’s e-mail address to send commercial communications concerning its own similar goods and services under the conditions laid down by applicable law.
Commercial communications may be opted out of at any time using the unsubscribe link included in each commercial communication or by contacting the Provider.
If the data subject objects to the processing of personal data for direct marketing purposes, the personal data shall no longer be processed for that purpose.
8.6. If the Recipient of the Goods is different from the Customer, personal data of the Recipient provided by the Customer may be processed to the extent necessary for delivery of the goods, communications relating to delivery and resolution of any problems with the order.
Selected information relating to a previous order may also, to a reasonable extent, be used to personalise communications sent to the Customer.
The Recipient’s contact details shall not be used to send marketing communications to the Recipient without an appropriate legal basis.
8.7. The Provider does not require personal data falling within the special categories of personal data under the GDPR in order to process an order.
The Provider therefore asks Customers not to include such data in an order, the text of a message accompanying the order or other communications unless there is a necessary reason to do so.
8.8. To the extent necessary, personal data may be disclosed to recipients or processors involved in particular in the operation of the online store, provision of IT and communication services, processing of payments, delivery of goods, accounting and tax services or provision of legal services.
8.9. Personal data shall be retained only for as long as necessary for the purpose for which it is processed and subsequently for any period required by law or necessary to protect the Provider’s rights and legal claims.
More detailed information regarding the retention periods applicable to individual categories of personal data is set out in the Privacy Policy.
8.10. Subject to the conditions laid down by the GDPR, the data subject has, in particular, the right of access to their personal data, the right to rectification or erasure, the right to restriction of processing, the right to data portability and the right to object to processing based on legitimate interests.
Where processing is based on consent, consent may be withdrawn at any time.
The data subject also has the right to lodge a complaint with the Office for Personal Data Protection of the Czech Republic.
8.11. Detailed information on the processing of personal data, including the purposes and legal bases of processing, categories of personal data processed, recipients of the data, retention periods and the rights of data subjects, is set out in the Privacy Policy published on the Provider’s Website.
9. FINAL PROVISIONS
9.1. The parties agree that legal relationships relating to the use of the Website and legal relationships arising from the purchase agreement shall be governed by Czech law, in particular Act No. 89/2012 Coll., the Civil Code.
9.2. If a consumer dispute arising from a purchase agreement between the Provider and a Customer who is a consumer cannot be resolved by mutual agreement, the Customer may submit a proposal for out-of-court settlement of the dispute to the competent alternative dispute resolution body:
Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Gorazdova 1969/24
120 00 Prague 2
E-mail: adr@coi.gov.cz
Website: coi.gov.cz/informace-o-adr/
9.3. The Provider is authorised to provide services and sell goods under a valid trade licence, and the Provider’s activities are not subject to any other authorisation.
9.4. If any provision of these Terms and Conditions is invalid or ineffective, or becomes invalid or ineffective, it shall be replaced by a provision whose meaning most closely approximates that of the invalid or ineffective provision.
The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.
Any amendments or supplements to an already concluded purchase agreement must be made in writing unless otherwise agreed.
9.5. The purchase agreement is archived by the Provider in electronic form and is not accessible to the Customer.
The order confirmation, the Terms and Conditions in the version applicable at the time the order was submitted and the document Information on Withdrawal from the Purchase Agreement, including the model withdrawal form, are sent to the e-mail address specified by the Customer in the order.
9.6. The Provider may use artificial intelligence tools when creating and editing texts, images, graphics and other content published on the Website, in advertising or in communications with customers.
Personal data of the Customer or the Recipient of the Goods shall not be transferred to artificial intelligence tools for this purpose.
9.7. Provider’s contact details:
KvětinyOnline – Dana Rohová
Jugoslávských partyzánů 33, 160 00 Prague 6
E-mail: kvetiny@kvetinyonline.cz
Telephone: +420 602 686 696
These Terms and Conditions are effective from 12 September 2026.
KvětinyOnline – Dana Rohová