Terms and conditions

This is an English translation for your convenience. The Czech version is legally binding. If the versions differ, the Czech version prevails.

 

GENERAL TERMS AND CONDITIONS OF DEJ MI POKOJOVKU

 

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

You are reading the general terms and conditions of the Dej mi pokojovku online store (the “Terms”). We are DMP Group s.r.o., with its registered office at Radiová 1122/1, Hostivař, 102 00 Praha 10, identification number 097 72 618, registered in the Commercial Register maintained by the Municipal Court in Prague under file number C 342302 (the “Company” or “we”), and we operate the Dej mi pokojovku online store website available at www.dmp.cz (the “Website”), which allows its users, that is, you, to buy a wide variety of plants (mainly houseplants), merchandise (such as our canvas tote bags or T-shirts) and various accessories intended not only for growing them (together the “Goods”), as well as services in the form of workshops, plant rental, repotting and more (the “Services”). You can find a complete overview of the Services, including a detailed description, here. In short, with us you will find everything that revolves around houseplants and growing them. For simplicity, in the Terms we use the term products with a capital “P” for Goods and Services together (the “Products”).

And to help you find your way around the Terms more easily, we use defined terms with a capital first letter throughout the whole document.

To begin, here is a summary of the most important points, but we still recommend that you read the Terms in full:

  • Our customers come first, so we always try to reach a solution that, at the end of the day, both you and we are happy with.
  • We conclude the Contract with each other through the Website, as follows: you add a Product to the cart, fill in the required details and send the order by clicking the “pay” button, and at that moment you conclude the Contract with us.
  • If you happen to order something by mistake (for example, more pieces of Goods than you planned), we will gladly accommodate you until the order is dispatched and amend or cancel the order free of charge. Just let us know as soon as possible and, if the order has not yet been processed, we will try together to find a solution that suits us both.
  • For some of our Services (for example, workshops), you do not have the right to withdraw from the Contract.
  • For Goods that come with instructions for use, please read them carefully.
  • We do everything we can to make sure claims are handled fairly and as quickly as possible. You can find complete information on claims in Article 11 and the following articles.
  • We carefully protect your personal data. You can read about how we process your personal data here.
  • We are happy to help you with anything. So if you have any question or problem, be sure to email us at info@dmp.cz or call us at +420 776 060 464.

The Terms have the following parts:

  • Who are we, what do we do and what are these terms for?
  • A bit of legalese to start with
  • Do you have a customer account? And may I see it?
  • How do you order Products?
  • Gift cards? We have them.
  • How can you pay us for Products?
  • Delivery of Products
  • Withdrawal from the Contract
  • Cancellation terms
  • When can we change the Services?
  • How do claims for Goods work? How do you file a claim for Goods? How and when will we handle a claim for Goods?
  • How do claims for Services work? How do you file a claim for Services? How and when will we handle a claim for Services?
  • How can a dispute be resolved out of court?
  • What is there to say in conclusion?


1. A bit of legalese to start with

1.1. Terms and Contract. These Terms govern our mutual rights and obligations arising in connection with or on the basis of a purchase contract or a contract for the provision of services (the “Contract”) between us as the operator of the Website and you as the buyer or the ordering party who is a consumer, that is, a person who concludes the Contract outside the scope of their business or similar activity (the “Buyer” or “you”). These Terms form an integral part of the Contract.

1.2. How to communicate with us. Unless we agree otherwise, you can use the following details to communicate with us at any time:
registered office address: Radiová 1122/1, Hostivař, 102 00 Praha 10
shop address: Křižíkova 55/65, 186 00 Praha 8
warehouse address: Radiová 1122/1, 102 00 Praha 15
email: info@dmp.cz
phone: +420 776 060 464


2. Do you have a customer account? And may I see it?

2.1. Customer Account. We will be glad if you decide to create a customer account on the Website (the “Customer Account”). It offers various benefits, such as an overview of your orders, customer discounts and more. You can of course order Products from your Customer Account, but you can also shop without one.

2.2. Your details. When registering for a Customer Account and when ordering Products, you must provide correct and truthful information. If any of it changes, you are also obliged to update it in your Customer Account. We consider the information provided in the Customer Account and when ordering Products to be correct and truthful.

2.3. Security. Your Customer Account is protected by a username (email address) and a password. You are obliged to keep this information needed to access the Customer Account confidential, and you should protect it against misuse. We are not liable for any misuse of the Customer Account by third parties. You are not entitled to give third parties access to the Customer Account; it is yours alone.

2.4. Misuse of data. If you find that the information needed to access your Customer Account could be stolen or that the account could be misused, inform us without delay. We can then block the Customer Account in agreement with you.

2.5. Cancellation of the customer account. Please note that we may cancel your Customer Account, in particular if you have not used it for a long time (at least 12 months) or if you breach your obligations under the Contract or the Terms. This does not happen often, though, and we will let you know in advance before deleting your Customer Account.

2.6. Availability of the Website. We try to prevent this, but please note that the Customer Account and the Website may not be available continuously, in particular due to necessary maintenance of our hardware and software or necessary maintenance of such third-party equipment. We usually carry out such maintenance outside normal daytime hours, though.

3. How do you order Products?

3.1. Presentation of Products. First of all, please note that all presentation of Products on the Website is for information purposes only and we are not obliged to conclude a Contract regarding such Products.

3.2. Price of the Product. For each Product you will find its full price, including VAT and all other fees (the “Price”). At the end of the ordering process you will find the final Price, including VAT, postage and packaging. Prices are valid on the day of the Order.

3.3. Ways to order. You can place an order for Products (the “Order”) as follows:
a) through your Customer Account after registering;
b) by filling in the order form without registering;
c) by phone.

3.4. Ordering on the Website. You can order Products through the Website, where you will find above all information about the given Product (for example, the time and place of a workshop), its full Price (including the Price for one month in the case of recurring performance, such as our plant subscription), the method of paying the Price and the specific cancellation terms, if they apply and are not part of the Terms. Based on this information, you create your Order.

3.5. Checking the Order. Before you send the Order as binding, you can change any details as you wish. Please check them thoroughly, because we consider them correct and truthful. You then complete the Order by clicking the “Pay” button. Before sending the Order, you must fill in all your details and confirm that you have read these Terms and agree to them.

3.6. Your details. In the Order, you are obliged to provide true, up-to-date and complete information. If you provide untrue, outdated or incomplete information, we are not liable for any harm caused as a result.

3.7. Conclusion of the Contract. By sending the Order, you conclude a Contract with us under which you undertake to pay for the Product. By concluding the Contract, both we and you undertake to follow these Terms. As soon as we receive the Order, we will confirm its receipt by email. Together with the Order confirmation, we will also send you these Terms in PDF. If you choose payment by bank transfer in your Order, the Contract between us is concluded by the confirmation that we send you by email together with the payment instructions. We will also send you the Terms in PDF with this confirmation.

3.8. Order by phone. If you order Products by phone, we will email you our offer together with these Terms. In that case, the Contract between us will be concluded at the moment we receive your written consent to that offer by email.

3.9. Means of communication. When concluding the Contract, you agree to the use of means of distance communication. We must inform you that you bear the costs incurred when using means of distance communication in connection with concluding the Contract (in particular internet connection or the cost of phone calls) yourself, and these costs do not differ in any way from the standard rate.

3.10. Obvious technical error. In the event of an obvious technical error on our part when stating the Price of Products on the Website or during the Order, we are not obliged to deliver the Products to you for this clearly incorrect Price. We will of course inform you of the error without undue delay and email you an amended offer. This is considered a new proposal for the Contract. In that case, the Contract is concluded only when you confirm that you agree with the new Price.

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


4. Gift cards? We have them.

4.1. Gift cards. As part of our Products, we also offer gift cards, which make a great gift (not only) for your loved ones and which can be redeemed for any of our Products. Just choose the gift card value on the Website, fill in the required details in the Order and pay.

4.2. By email. We will send the gift card to the email address in the Order without delay after receiving payment. In exceptional cases, the email with the gift card may end up in spam, so please check that folder too. If you cannot find it there either, let us know by email and we will be happy to send it to you again. You can pay us for the gift card by all the standard methods listed in the Terms below and on the Website.

4.3. Unique code. Our gift cards can only be redeemed on our Website, by entering their unique code during the ordering process, or also in person at our shop.

4.4. Gift card restrictions. A gift card can be used for one Order only and cannot be exchanged for money afterward. Gift cards also cannot be combined; only one can be used per Order. A gift card cannot be used to buy other gift cards.

4.5. Gift card validity. A gift card is valid for the period stated on it, and once it has expired, the gift card can no longer be redeemed and no refund can be requested.

4.6. Gift card value. A gift card has the value stated on it. If you do not use the full value of the gift card in one Order, you can use the remainder (the difference between its value and the Price of the Order) for another Order, up to the expiry date of that gift card.


5. How can you pay us for Products?

5.1. Payment methods. You can pay us for Products in the following ways:
a) by payment card online;
b) cashless, by bank transfer;
c) with a gift card;
d) by means of online payment via PayPal.

5.2. Bank transfer. If you choose payment by bank transfer, you are obliged to pay the purchase price no later than 3 business days after the Contract is concluded, stating the payment reference. The Price is considered paid on the day the amount is credited to the Company’s bank account.

5.3. Promotions. If any promotional offer is running on the Website, it applies while supplies last or for the period we set. Unless stated otherwise, discounts cannot be combined with each other in any way. 5.4. Invoice. After the Price has been paid, we will issue you a tax document, that is, an invoice, which we will send to you electronically by email.

5.5. Interest. We believe this will never happen, but if it does, in the event of late payment of the Price we may require you to pay default interest.


6. Delivery of Products
How does delivery of Goods work?

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

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

6.3. Obligation to accept the Goods. We will deliver the Goods to the place specified in the Order and you are then obliged to accept them. If you do not accept them, we will consider this a withdrawal from the Contract and will require you to reimburse the related costs. Likewise, you are obliged to pay the costs associated with repeated delivery of the Goods, if this is necessary.

6.4. Checking the package. When accepting the Goods, we recommend checking that the packaging of the shipment is intact and, in the event of any defects, notifying the carrier immediately. If the packaging is damaged, you do not have to accept the shipment from the carrier. In the case of plants, however, we ask you to accept the shipment despite the damage. With plants, there is a risk that if you do not accept them, the carrier will not store them properly and the plant will die needlessly. In that case, you can keep the damaged plant and try to nurse it back to health. If you do not succeed, you can of course file a claim for the Goods or withdraw from the Contract (within the standard period of 14 days).

6.5. Responsibility on acceptance. You acquire ownership of the Goods by paying the full Price (including delivery costs), but not before you accept the Goods under the Contract. Responsibility for accidental destruction, damage or loss of the Goods passes to you at the moment you accept the Goods or at the moment you were obliged to accept the Goods but failed to do so in breach of the Contract.

6.6. Repotting plants. If you want to order the plant repotting Service, please follow the instructions here. Please note that plant repotting takes place at our shop and usually takes 1 to 2 business days. After repotting, you will receive an email with pickup information.

6.7. Kokedama repair. If you want to order the kokedama repair Service, please follow the instructions here. Please note that kokedama repair also takes place at our shop and usually takes 7 days. After the repair, we will also send you an email with pickup information.

6.8. Workshops. If you want to buy one of our workshops, just choose from the offer on the Website here. We offer workshops with a fixed date as well as the option without a chosen date (in that case, please contact us afterward by email or phone and we will agree on the workshop date together). For each workshop you will of course find all the detailed information (about the program, the instructor, the length, the venue and so on).

6.9. Consent to earlier provision of the Service. You give your prior express consent to the provision of Services before the period for withdrawal from the Contract expires. You acknowledge that in such a case you cannot withdraw from the provision of a Service if it has been performed with your prior express consent before the withdrawal period expired. In practice, this means that, for example, you can cancel a plant subscription only if the first plant has not yet been sent to you. In that case, the Contract is canceled from the outset and we will refund the Price paid. We can, however, also agree on another method of refunding the Price, for example in the form of our credits (but of course you must agree to this). You can find more information in Article 7.

Subscription (Subscribe & Save and prepaid packages)

6.10. Types of subscription.
a) Regular subscription (“Subscribe & Save”): recurring delivery of the selected product at the interval chosen at purchase (for example, weekly, every 2 weeks or every 4 weeks). Payment is taken from the saved payment method before each subsequent shipment. The “Subscribe & Save” discount applies for as long as the subscription is active.
b) Prepaid package (“Prepaid One-Time”): payment in advance for a fixed number of shipments (for example, 3/6/12 months). Shipments arrive at the set frequency (usually weekly, every 2 weeks or every 4 weeks). Once it has been used up, the subscription renews automatically.

6.11. Schedule and cutoffs.

- First shipment: we ship it as soon as possible after purchase (typically the same or the next business day) so that the bouquet is as fresh as possible.

- Further shipments: these are scheduled according to the date of the first order, that is, on the same day, in line with the chosen frequency.
Example: purchase on a Thursday → with the weekly frequency, the next processing takes place the following Thursday.
With a frequency of once every 2 weeks, the next processing takes place two weeks later, on Thursday
With a frequency of once every 4 weeks, the next processing takes place four weeks later, on Thursday.

- Weekends/holidays: if processing falls on a weekend or a public holiday, we move it to the nearest business day.

- Changes (skip/cancellation/address/frequency): these must be made before the next order is created automatically (before the next payment date shown in the customer portal). Changes made after this point take effect only in the next cycle.

6.12. Managing the subscription.
You manage your subscription yourself in the Customer Portal (we send the link in the confirmation email, and it is also available from your account): you can skip a delivery (“skip”), move the date of the next order (for example, if you are going away on vacation) and change the frequency, delivery address and payment method yourself.

6.13. Cancellation.
We carry out the cancellation based on a request sent by email to info@dmp.cz from the address you used for the purchase. In the subject line, write “Subscription cancellation” and in the body of the message state: the order/contract number, the frequency (once a week / once every 2 weeks / once a month) and the requested end date. We confirm requests by email.

a) Subscribe & Save (ongoing payments)
You can request cancellation by email at any time. If the request arrives after the cutoff / after the next order has been created, the cancellation takes effect only from the following cycle; an order that has already been created remains valid.
We work with live and fresh material (cut flowers). Purchasing and preparation take place right after the cutoff/creation of the next order, so we can apply changes made after this point only from the following cycle.

b) Prepaid One-Time (prepaid)
For a period that has already been paid, we do not refund money for ongoing or scheduled shipments. On request, we will add credits in proportion to the unused shipments:
credit refunded = (number of unused shipments / total number of shipments) × price paid for the package.
Credits can be used for any further purchase from us (valid for 12 months).
Example: prepaid for 6 months, 2 shipments made → we will add credits amounting to 4/6 of the price paid for the package.
(For the reasons stated above, changes after the cutoff take effect only from the following cycle.)

6.14. Failed payment.
If the payment for the next cycle cannot be charged, we send a request to update the payment method and retry the payment. Until this is resolved, the shipment is paused; if the payment is not made within a reasonable period, we may cancel the cycle/contract.

6.15. Change of price or terms.
We may change the price and terms for future cycles. We will notify you of the change by email in advance; if you do not agree, you can cancel the subscription without penalty before the change takes effect. Changes do not affect an already paid Prepaid period.

6.16. Delivery and liability.
Delivery takes place according to the method chosen in the cart/portal. For live plants and fresh bouquets, we ask you to accept them promptly; report any defects without delay (claims under Article 10). We describe the specifics of live material in Article 10.3.

6.17. Withdrawal from the contract for subscriptions.
For contracts with recurring performance, the 14-day withdrawal period runs from the first delivery (see Article 7). At the same time, if you agreed to the start of performance before the period expired, you cannot withdraw once the relevant part of the performance has been provided in full (see Articles 7 and 7.13).

6.18. Gifts and transferability.
Prepaid packages can be given to another person or sent to another address; you just need to set the change in the portal before the cutoff of the cycle.


7. Withdrawal from the Contract
How does withdrawal from the Contract work for Goods?

7.1. Within 14 days. As a consumer, you can withdraw from the Contract within 14 days of receiving the Goods if the Contract was concluded over the internet or by other means of distance communication, even without giving a reason. If we send you the Goods in several shipments, the period runs only from receipt of the last shipment; conversely, if we deliver Goods to you regularly, the withdrawal period runs from the delivery of the first shipment.

7.2. By any unambiguous statement. You can withdraw from the Contract by any unambiguous statement addressed to us (for example, by email). To withdraw from the Contract, you can also use the model form, which you will find in the annex to these Terms

7.4. Return of the Goods and the Price. In the event of withdrawal from the Contract, the Contract is canceled from the outset. This means that you return the Goods to us and we refund the Price paid, including the lowest postage we offer. You must send the Goods to us within 14 days of withdrawing from the Contract. You bear the cost of sending the Goods back to us, even if the Goods cannot be returned by regular post due to their nature. Within 14 days of the moment you withdrew from the Contract, we will refund the Price in the same way we originally received it from you. We can, however, also agree on another method of refunding the Price, for example in the form of our credits (but you must always agree to this). However, we may withhold the refund of the Price until the returned Goods reach us or until you prove to us that you have sent the Goods (for example, with a confirmation from the carrier).

7.4.1. Refund of the Price for unavailable or damaged Goods. If we cannot deliver some Goods from your order (for example, because they are damaged or temporarily unavailable), we reserve the right to refund the corresponding part of the Price to you in the form of credits to your customer account. You can use these credits for your next purchase. Credits are valid for 12 months and cannot be exchanged for cash. If you would prefer a refund in money, contact us and the refund will be made in the same way as the payment was made.

7.4. Trying out the Goods. You can try out the Goods, but only to the extent needed to familiarize yourself with their nature, characteristics and functionality. In short, just as you would examine them in a brick-and-mortar store. If you try out or use the Goods more and reduce their value in some way by handling them (for example, you write in a book or wash merchandise), we may refund you an amount reduced by the cost of restoring the Goods to their original condition so that we can sell them again.

7.5. Where to send it. Send the Goods, including any gifts, or bring them in person to our warehouse address: Radiová 1122/1, 10200, Praha. Please do not send us packages cash on delivery; we will disregard them.

7.6. Return of gifts. If we sent you any free performance (a gift) together with the Goods, you are obliged to return this free performance as well in the event of withdrawal from the Contract.

7.7. Withdrawal on our part. We may also withdraw from the Contract for Goods, due to stock running out, unavailability of the Goods, if the manufacturer, importer or supplier of the Goods has interrupted production or import of such Goods, if you breach the Terms or the Contract (for example, you do not accept the goods or do not pay the Price), or due to force majeure. In this case too, the Contract is canceled from the outset. We will inform you of the withdrawal from the Contract by email without delay and within 14 days we will refund the Price, including the delivery costs that we received from you under the Contract. Again, we can also agree on another method of refunding the Price, for example in the form of our credits (again, of course, only with your consent).

How does withdrawal from the Contract work for Services?

7.8. Within 14 days. As mentioned above, consumers generally have the option to withdraw from the Contract within 14 days of its conclusion over the internet or by other means of distance communication, even without giving a reason.

7.9. By any unambiguous statement. As consumers, you can withdraw from the Contract by any unambiguous statement addressed to us (for example, by email). To withdraw from the Contract, you can also use the model form, which you will find in the annex to these Terms.

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

7.11. Return of gifts. If we provided you with any free performance (a gift) together with the Service, you are obliged to return this free performance as well in the event of withdrawal from the Contract.

7.12. Withdrawal on our part. It does not happen often, but we may also withdraw from the Contract for Services, for organizational reasons (for example, if our instructor falls ill or the necessary premises are not available). In this case too, the Contract is canceled from the outset. In such a case, we will inform you of the withdrawal by email without delay and within 14 days we will refund the Price that we received from you under the Contract. Again, we can also agree on another method of refunding the Price, for example in the form of our credits (again, of course, only with your consent).

7.13. When you cannot withdraw from the Contract. There is an exception where you do not have the option to withdraw from the Contract, namely if you agreed to the provision of the Service before the withdrawal period expires, that is, if, for example, we start delivering a plant subscription or another Service to you within the 14-day withdrawal period. By sending the Order, you agree that the Service will be provided to you earlier and, as a result, you do not have the right to withdraw from the Contract.

7.14. Leisure activities = no right to withdraw. We also specifically point out the exception that if the subject of the Contract is a leisure activity (which is exactly what our workshops are) and this activity is limited to a specific period of time, you do not have the right to withdraw from the Contract.


8. Cancellation terms
What are our cancellation terms for workshops?

8.1. Individual cancellation terms. Before the workshop starts, you have the right to cancel your participation (by email to info@dmp.cz). Cancellation is governed by the cancellation terms that are set out on the Website individually for each workshop or event.

8.2. At the moment of delivery. Cancellation takes effect at the moment the cancellation is delivered to our email inbox.

8.3. When the Price is not refunded. If you do not attend the workshop or other event at all and do not cancel your participation, the Price paid is not refunded.

8.4. Alternative date. If you only wish to change the date of the Workshop, email us and we will be happy to offer you an alternative date, if one is available. If that does not suit you either, or if we have no date scheduled, you can choose another Service or Goods according to your preferences up to the value of the workshop Price. If the Services or Goods you newly choose are cheaper, you can choose additional ones, up to the total value of the original workshop Price. If the Services or Goods you newly choose are more expensive than the original workshop Price, we will issue you an invoice for the difference. In any case, please remember to choose the new workshop or another Service or Goods and use up the original workshop Price by the original date of the workshop at the latest. Otherwise, we are not obliged to refund the Price.

What are our cancellation terms for the plant subscription?

8.5. Cancellation for credits. As mentioned above, we always try to accommodate your needs, so you can agree with us on earlier cancellation of a plant subscription, in which case we will give you credits with a value corresponding to the Price calculated from the remaining months of the unused subscription (for example, if you cancel a three (3) month subscription after two (2) months, we will be sorry, but we will issue you credits corresponding to one (1) month of the plant subscription Price). You can then use the credits to buy any other Products.

8.6. Cancellation on our part. If we cancel a plant subscription on our part (which does not happen), we will let you know by email without delay and within 14 days we will of course refund, in money, the Price calculated from the remaining months of the unused subscription, in the same way we received it from you or in a way we agree on.


9. When can we change the Services?

9.1. Exceptionally. It does not happen often with us, but just in case, we reserve the right to change or cancel Services, above all to change the date of a workshop, in the event of unexpected circumstances that prevent us from providing the Services under the agreed terms or the information on the Website. We will inform you of any such change without delay by email or phone, and together we will agree on an alternative date or another solution to the situation. If we cannot reach you or you do not reply to our message within 5 days, and if it is a fundamental change of the workshop date, we will consider this a withdrawal from the Contract, unless you later get in touch to say that you are interested in the changed date.

9.2. Minor changes. In the case of minor changes to the date of provision of the Services (for example, a change of the workshop instructor, a small change to the workshop schedule or a change of the building where the workshop takes place) that do not fundamentally affect the main content of the event, you are not entitled to withdraw from the Contract because of the change. If it were a fundamental change of the workshop date (for example, a change of the day on which it takes place), you are entitled to withdraw from the Contract. Even so, we will be glad if you stay with us and together we agree on an alternative date or another solution to the situation.

9.3. Force majeure. We also specifically point out force majeure or events that cannot be foreseen (for example, pandemics, subcontractor outages, operational failures), in which case we are not liable for damage caused as a result of or in connection with force majeure, and if the force majeure situation lasts longer than 10 days, we have the right to withdraw from the Contract. In the case of withdrawal from the Contract for Services, the procedure and conditions described below apply.


10. How do claims for Goods work?

10.1. What we are liable for. We are liable to you for the Goods being free of defects on receipt. In particular, we are liable for ensuring that the Goods:

a) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics (so if you order a cactus, you will not receive a palm)
b) are suitable for the purpose for which you require them and to which we agreed (so a houseplant will be a houseplant and not an outdoor plant);
c) are delivered with the agreed accessories and instructions for use, including instructions for use or installation, if needed (for example, how to care for the plant properly).

We are further liable for ensuring that, in addition to the agreed characteristics, the Goods:

a) are suitable for the purpose for which goods of that kind are usually used, also taking into account the rights of third parties, legal regulations, technical standards or, if there are no technical standards, codes of conduct of the industry concerned;
b) in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of goods of that kind that you can reasonably expect, also taking into account public statements made by us or by another person in the same contractual chain, in particular through advertising or labeling;
c) are delivered with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect;
d) correspond in quality or workmanship to the sample or model that we provided to you before the Contract was concluded.

10.2. When we are not liable. We are not liable for the last four points listed (letters a) to d)) if, before the Contract was concluded, we specifically pointed out to you that a certain characteristic of the Goods differs and you expressly agreed to this when concluding the Contract. For example, if a plant has a defect and we sell it at a lower price because of this defect.

10.3. Treat plants with good sense and care. Please note that our main Goods are plants, that is, Goods for which you are obliged to take the manner of use into account. Some plant species may be sensitive to light, so placing a permanent light source near them may have a negative effect on their lifespan or appearance. Likewise, plants may also be sensitive to watering or other requirements, about which we always inform you through instructions or another instructional document that we deliver to you together with the Goods. This is mainly because we simply cannot influence whether, for example, you place the plant next to an already infested plant of yours or whether you follow the correct watering principles. We also expressly point out that we are not liable for damage to plants (for example, pest infestation) that becomes apparent more than 3 days after their delivery. In such a case, it is highly likely that the infestation occurred as a result of poor care on your part.

10. 4. Within two years. You can exercise your rights arising from defective performance within two (2) years of receiving the Goods. If the defect becomes apparent within one (1) year of receipt, the Goods are deemed to have been defective already on receipt, unless the nature of the item or of the defect rules this out. This period does not run for the time during which you cannot use the Goods, if you rightfully notified the defect.

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


11. How to file a claim for Goods

11.1. Where to file a claim. You can file a claim, for example, by email to info@dmp.cz or by letter to our warehouse address Radiová 1122/1, 10200, Praha, or, for example, also at the address of our registered office.

11.2. What to include. When filing a claim, please state:
a) your contact details;
b) a description of the defect of the Goods;
c) how you want the claim to be resolved;
d) proof of purchase of the Goods (ideally by attaching the invoice).

11.3. Remedying the defect. If the Goods have a defect, you can request that it be remedied. At your choice, you can request:
a) delivery of new Goods without the defect; or
b) repair of the Goods, unless the method of remedying the defect you have chosen is impossible or disproportionately costly compared to the other. In such a case, we may refuse to remedy the defect, in particular taking into account the significance of the defect and the value the Goods would have without the defect.

11.4. Discount or withdrawal. In the following cases, you can request a reasonable discount or withdraw from the Contract:
a) if we have refused to remedy the defect or have not remedied it, within a reasonable time after it was notified, in such a way as not to cause you significant inconvenience;
b) if the defect occurs repeatedly;
c) if the defect constitutes a material breach of the Contract;
d) if it is clear from the circumstances or from our statement that we will not remedy the defect within a reasonable time or without significant inconvenience to you.

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

11.6. When you can withhold payment of the Price. Until we fulfill our obligation arising from defective performance, you do not have to pay us the Price or any part of it that has not yet been paid.

How and when will we handle a claim for Goods?

11.7. Electronic confirmation of receipt. When you file a claim, we will issue you an electronic confirmation stating the date you filed the claim, what it concerns, how you want the claim to be resolved and your contact details, so that we can let you know when it has been resolved.

11.8. Resolution within 30 days. We will resolve the claim (including remedying the defect of the Goods) without undue delay, no later than 30 days from the day the claim was filed, unless we agree with you on a longer period. We will inform you when the claim has been resolved. If we fail to meet the deadline, you can withdraw from the Contract or request a reasonable discount on the Price.

11.9. Electronic confirmation of resolution. After the claim has been resolved, we will issue you an electronic confirmation of the date and method of resolving the claim, including confirmation that a repair was carried out and how long it took, or a written confirmation that the claim was rejected.

11.10. Reimbursement of costs. As a consumer, you have the right to reimbursement of the costs reasonably incurred in connection with the claim, where these costs are understood as the lowest possible. You must request reimbursement no later than one month after the end of the period for notifying the defect; otherwise we do not have to grant it.

11.11. Always study the instructions. Remember that before using the Goods for the first time, you are obliged to study the instructions for use or other accompanying information that we usually send you together with the Goods (for example, instructions for watering the plant or information on caring for it) and then follow the information in them. If you do not, you run the risk of damaging the Goods through incorrect use and not being able to claim the resulting defect under your rights arising from liability for defects (for example, if you do not follow the instructions for watering your plant and it then dies as a result of overwatering, such a plant obviously cannot be the subject of a claim for this reason).


12. How do claims for Services work?

12.1. Material and non-material defects. We are liable for both material and non-material defects of the Services, and your rights depend on the type of defect.

12.2. When a defect is material. A material defect is a defect because of which the Service cannot be used, or a defect such that, had you known about it in advance, you would never have bought the Service. For example, if the workshop is focused on

12.3. When a defect is non-material. A non-material defect is one with which the Services can be used, but they are not of the agreed quality. For example, when you attend our workshop that is supposed to last 4 hours but it ends after 2 hours.

12.4. Within 6 months. You can file a claim within 6 months of receiving the performance and, for a defect that constitutes a material breach of the Contract, request at your choice
a) free adjustment of the Service;
b) remedy of the defect by providing the Service without the defect or by providing the missing part of the Service;
c) a reasonable discount on the Price; or
d) a refund of the Price on the basis of withdrawal from the Contract.

12.5. Remedy of the defect and discount. For a defect that constitutes a material breach of the Contract, you are entitled to:
a) remedy of the defect; or
b) a reasonable discount on the Price.

12.6. Refund of the Price. If adjustment of the Service or replacement of the Service with another one is not possible, you can request a refund of the full Price on the basis of withdrawal from the Contract.

How do you file a claim for Services?

12.7. Where to file a claim. You can file a claim, for example, by email to info@dmp.cz or by letter to our warehouse address Radiová 1122/1, 10200, Praha, or, for example, also at the address of our registered office.

12.8. What to include. When filing a claim, please state:
a) your contact details;
b) a description of the defect of the Service;
c) how you want the claim to be resolved;
d) proof of purchase of the Service (ideally by attaching the invoice).

12.9. When a Service cannot be the subject of a claim. We specifically point out that you cannot file a claim for a Service just because it did not meet your subjective expectations (for example, you did not like the workshop); it really must be a defect.

How and when will we handle a claim for Services?

12.10. Electronic confirmation of receipt. When you file a claim, we will issue you an electronic confirmation stating the date you filed the claim, what it concerns, how you want the claim to be resolved and your contact details, so that we can let you know when it has been resolved.

12.11. Resolution within 30 days. We will resolve the claim (including remedying the defect of the Service) without undue delay, no later than 30 days from the day the claim was filed, unless we agree with you on a longer period. We will inform you when the claim has been resolved. If we fail to meet the deadline, you can withdraw from the Contract or request a reasonable discount on the Price.

12.12. Electronic confirmation of resolution. After the claim has been resolved, we will issue you an electronic confirmation of the date and method of resolving the claim, including confirmation that a repair was carried out and how long it took, or a written confirmation that the claim was rejected.

12.13. Reimbursement of costs. As a consumer, you have the right to reimbursement of the costs reasonably incurred in connection with the claim, where these costs are understood as the lowest possible. You must request reimbursement no later than one month after the end of the period for notifying the defect; otherwise we do not have to grant it.


13. How can a dispute be resolved out of court?

13.1. ČOI. As a consumer, in the event of any problem you can turn to the Czech Trade Inspection Authority (ČOI; Central Inspectorate, ADR Department, Štěpánská 44, 110 00 Praha 1, email: adr@coi.cz, adr.coi.cz). The proceedings are initiated on your application, if the dispute could not be resolved directly with us. You can submit the application no later than 1 year from the day you first exercised your right with us.

13.2. ODR platform. Out-of-court dispute resolution can also be initiated online through the ODR platform available here: https://ec.europa.eu/consumers/odr.


14. What is there to say in conclusion?

14.1. Business authorization. We are authorized to do business on the basis of a trade license; trade inspection is carried out within its competence by the relevant Trade Licensing Office. We are also subject to supervision by the Czech Trade Inspection Authority with regard to compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, and, in the area of personal data, also to supervision by the Office for Personal Data Protection.

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

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

14.4. Changes to the Terms. We may unilaterally change or supplement the wording of the Terms at any time. Such a change will not affect the rights and obligations that arose while the previous wording of the Terms was in effect, which means that a change to the Terms will not affect purchases already made. The new wording of the Terms takes effect on the day it is published on the Website. If this change concerns recurring performance (for example, a plant subscription), we will inform you of this change by an informational email. If you do not agree with the new wording of the Terms, you can terminate the Contract immediately by email, and we will give you a reasonable period to do so. In such a case, the Contract will end on the day preceding the effective date of the announced change. If you do not exercise your right to terminate the Contract, the new wording of the Terms will be considered accepted.

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

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

14.7. Interference with the Website. We are not liable for errors arising as a result of third-party interference with the Website or as a result of its use contrary to its intended purpose. When using the Website, you must not use procedures that could have a negative effect on its operation, nor may you carry out any activity that could enable us or third parties to interfere without authorization with, or make unauthorized use of, the software or other components that make up the Website, or to use the Website or its parts or software in a way that would be contrary to its intended use or purpose.

14.8. No codes of conduct. We are not bound by any codes of conduct in relation to you, but we always try to behave the way we would like others to behave toward us (nicely).

14.9. Mainly electronically. We will send you confirmation of the conclusion of the Contract by email. We archive the Contract itself, including these Terms, in electronic form, and it is not publicly accessible. If you need it, write to us and we will be happy to send it to you.

14.10. Email. We may deliver all written correspondence to each other by email.

14.11. Model form. The annex to these Terms is a model form for withdrawal from the Contract.

These Terms are effective as of February 19, 2024

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

In Prague on February 19, 2024.

Download the form for withdrawal from the contract here.