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Business Terms and Conditions

for the sale of goods via the online shop www.krematorium.cz, www.e-pohreb.cz, www.e-kvetina.cz
Valid from: 1.9.2022
Business/Corporation: ELPIS s.r.o.
Address: Krystalová 470/7, Praha 9 - Čakovice, 19600
Company ID No.: 63978407 
Registered in the Commercial Register: Zapsána v OR Sp. zn. C 40186 vedená u Městského soudu v Praze 
Electronic mail address: info@krematorium.cz 

(Hereafter the “Seller”)

1. Introductory Provisions

1.1. These General Terms and Conditions of Business (hereinafter referred to as "GTC") of ELPIS, s.r.o., (hereinafter referred to as "Provider") regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a contract for the provision of funeral services or the supply of goods (hereinafter referred to as "Contract") concluded between the Provider and another natural or legal person (point I. 7) (hereinafter referred to as "Consumer") through the online store operated by the Provider. The online shop is operated by the Provider on the internet address www.krematorium.cz through a web interface (hereinafter referred to as the "web interface of the shop").

1.2.  The General Terms and Conditions also regulate the rights and obligations of the contracting parties in the use of the website operated and used by the Provider to offer its services and goods and located at the following address: https://www.krematorium.cz / https://www.e-pohreb.cz / https://www.e-kvetina.cz.

1.3.  The provisions of these General Terms and Conditions become part of any contract concluded electronically or by telephone. To the extent applicable, the provisions of these terms and conditions shall form part of contracts concluded with end consumers by letter at the premises, provided that this is expressly stated on the relevant confirmed deliveries. The contract and the terms and conditions are written in the Czech language.

1.4.  The Supplier reserves the right to unilaterally amend and supplement the wording of the terms and conditions. This provision is without prejudice to rights and obligations that arose during the validity of the previous version of the Terms and Conditions. The Consumer's acceptance of these Terms and Conditions is confirmed by sending a complete order.

1.5.   For the purposes of these Terms and Conditions, the Services shall mean: the provision of funeral and related services, the order for which is placed through the web interface of the Shop and which consist of taking delivery of the body of the deceased, organising the cremation of the body and placing the ashes in an urn / burial in a grave, tombstone, issuing a death certificate or other individual requirements of the Consumer. The above-standard individual services and supplies always have an individual term of performance in accordance with the specific confirmation, even if they are agreed within the overall price of the framework contract for services and supplies. Confirmation of an order or additional order can be made by the Consumer subsequently via the SMS telephone number indicated on the registered order.

1.6.  For the purposes of these General Terms and Conditions, Goods shall mean: Goods offered for sale by the Supplier via the web interface, which are mainly goods of a funeral nature, such as flowers (including timely delivery to the designated place), funeral items, ornaments and items for graves, urns, coffins, tombstones, etc., including custom-made products (e.g. tombstones, flower arrangements, wreaths, souvenirs).

1.7.   Legal or natural persons can also use the web interface to order services and goods, provided they enter their identification details. They are not subject to the provisions on the protection of the final consumer under these General Terms and Conditions or the relevant provisions of the Civil Code or the Consumer Protection Act. The general provisions of the Civil Code on contractual relations between businesses apply to relations with these legal entities.

2. Conclusion of the contract

2.1.   The web interface of the shop contains a continuously updated list of services and goods that the provider offers for sale and purchase, including prices for each type of service and good. The prices of the services and goods offered are listed in the offer as a note, and the customer has the opportunity to check the list of individual supplies ordered, including the total price including VAT, before submitting a completed order. The offer of services and their price remain valid for as long as they are displayed in the web interface of the shop. During the order acceptance process, the prices quoted may change, in particular with regard to the distance of the collection point, the size and weight of the body, the cost of storage in a cold store by a third party. This provision does not limit the provider's ability to conclude a contract on individually agreed terms if the consumer orders services or goods on the basis of an individual offer from the provider via the relevant form, by telephone or by e-mail.

2.2.   All offers of services and goods placed on the web interface of the shop are non-binding and the provider is not obliged to conclude a contract for these services and goods.

2.3.   In order to order services, the consumer shall fill in the order form on the web interface of the shop. The order form contains in particular information on:

  1. the ordered services and the place of residence of the deceased person, the price is valid only for the territory of the capital city of Prague or the districts of Prague West and Prague East, and if the deceased person is located elsewhere, the price will be increased within the acceptance
  2. details of the deceased person, including the weight and height of the deceased person, with the price being increased if the weight exceeds 95 kg or the height exceeds 190 cm. The customer agrees to the price increase according to the supplier's price list.
  3. the individual needs of the consumer, taking into account the offer of the relevant supplier.
  4. the method of payment of the price for the services ordered, details of the acceptance of the subject of the contract.
  5. information on the costs associated with the provision of the services (hereinafter collectively referred to as the "order").
  6. information about the customer-consumer

2.4. To order goods, the consumer must fill in the order form in the web interface of the shop. The order form contains in particular information about:

  1. the goods to be ordered, their numerical designation and the number of items (the consumer "inserts" the ordered goods into the electronic shopping cart in the web interface of the shop)
  2. the method of payment of the price of the ordered goods.
  3. information on the method of collection or delivery of the goods or the place, date and time of delivery of the goods, including. Telephone contact
  4. Information about the charges associated with the delivery of the goods (collectively, the "Order").
  5. Information about the deceased person, if required.
  6. customer/consumer information

2.5.  Before sending an order to the Supplier, the Consumer shall be given the opportunity to check and amend the information provided by the Consumer in the order, including with regard to the Consumer's ability to identify and correct errors in the information provided in the order. The consumer shall send the order to the supplier by clicking on the relevant button. The information provided in the order shall be deemed correct by the Supplier. Immediately upon receipt of the order, the Supplier shall confirm receipt of the order to the Consumer by e-mail to the Consumer's e-mail address provided in the user interface or in the order (hereinafter: Consumer's e-mail address).

2.6.   Depending on the type of order (specific requirements), the Supplier is always entitled to ask the Consumer for additional order confirmation (e.g. in writing, by telephone or by SMS to the number of the branch that processes the order in accordance with the form).

2.7.   If the consumer wishes to have an extra service, e.g. a customized treatment for the deceased beyond the standard, he/she is obliged to indicate this fact already in the order form.

2.8.   The contractual relationship between the Supplier and the Consumer is established by the confirmation of the receipt of the order and the subsequent acceptance by the Supplier or the acceptance of the price increase for objective reasons (higher dimensions of the deceased's body, condition or costs for third parties (refrigeration)) by the Consumer or by the confirmation of the modified order. Acceptance of the order is always sent by the supplier by e-mail to the sender's e-mail address; confirmation can also be sent by a short confirmation SMS to the customer's phone. The Consumer acknowledges and agrees that the provision of the ordered services and the delivery of the ordered perishable goods (in particular flowers) or the modification of the ordered goods according to the Consumer's wishes shall be initiated before the expiry of the 14-day withdrawal period, without prejudice to the Consumer's right to withdraw from the contract for the provision of services and the delivery of perishable goods concluded by means of distance communication. 

2.9.  Special provisions for ordering flowers.

The Consumer acknowledges that the flowers or floral products delivered may differ slightly from those depicted on the Supplier's website and that the Supplier is entitled to refund the money ordered in lieu of the flowers and floral products ordered in the event of a flower order. However, the Supplier will make every effort to ensure that the Goods supplied are as similar as possible to the Goods depicted. Replacement shall be made with Goods of the same or similar appearance, of the same kind, in the same quantity and of the same or better quality. In the event of a replacement of the Goods to a greater extent (more than 35%), the Supplier shall inform the Consumer of this change before delivery. If the consumer does not agree to the change in volume, the price paid will be refunded. Refunds are very rare; they may occur, for example, in the case of an order to be delivered within a very short time after the order has been placed or because of problems with shipping from abroad. If the consumer wishes to change or cancel an order that has already been placed, he must contact the supplier immediately on 777 200 792 or 602 200 700 so that the change or cancellation can be made by mutual agreement at least 48 hours before the delivery of the flowers ordered, in which case we will send a confirmation by SMS or e-mail in accordance with the customer's communication options specified in the order.

The date to be selected as the delivery date in the order must not be earlier than two days after the order date, i.e. 3 December. If the day following the day on which the order was placed or the day two days following the day on which the order was placed is selected as the delivery date, the order shall be deemed to be an express order.

In the case of an Express Order, the Supplier shall contact the Buyer to inform the Buyer whether it is able to deliver such Express Order. If the Supplier notifies the Buyer that it is unable to deliver an express order, the agreement of the parties shall be deemed not to have been made if the Buyer insists on delivery of the goods as an express order.

2.10.  The Consumer acknowledges that the Supplier is not obliged to enter into a contract, in particular with persons who have previously materially breached the contract (including the General Terms and Conditions).

2.11. The Consumer agrees to the use of means of distance communication in concluding the contract. The costs incurred by the consumer when using distance communication technologies in connection with the conclusion of the contract (internet connection costs, telephone costs) shall be borne by the consumer.

3. Consumer Data Protection - User Account

3.1.   All presentations of goods placed in the web interface of the shop are informative and the seller is not obliged to conclude a purchase contract for these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.

3.2.   As a condition for concluding a contract, the consumer shall gain access to his user interface by entering his registration data. The consumer may order services and goods or contact the supplier and express individual wishes from his user interface (hereinafter referred to as "user account").

3.3.   When registering on the Website and ordering services or goods, the Consumer is obliged to provide all information correctly and truthfully. The Consumer is obliged to update the information provided in his User Account if it changes. The information provided by the consumer in the user account and when ordering services is considered correct by the provider. In the event that the consumer's address is not a valid address according to the Single Register, the consumer reserves the right to exclude the order from the register.

3.4.   Access to the user account is secured by a user name and password. The Consumer shall maintain the confidentiality of the information required to access their user account and acknowledges that the Supplier shall not be liable for any breach of this obligation by the Consumer.

3.5.   The Consumer is not entitled to allow third parties to use the User Account.

3.6.   The Supplier may delete the User Account, in particular if the Consumer does not use the User Account for more than one year or if the Consumer breaches his obligations under the Contract (including the General Terms and Conditions). The retention of the consumer's data lasts as long as the applicable legislation does not provide for the retention of documents for the Supplier's accounting; after the disposal period, the data will be deleted.

4. Prices of services/goods and payment terms

4.1.   The price for the funeral service is contractually determined on the basis of the order placed in the web interface of the shop and is valid only if all of the following conditions are met simultaneously:

  1. the order for services is placed via the web interface of the shop.
  2. the deceased's clothes are delivered by the consumer to the supplier no later than the next working day after the funeral has been ordered; otherwise, the consumer agrees to dress the deceased's body in shrouds and to charge this price. Subsequently, the existing garment cannot be accepted.
  3. The death of the deceased occurred in the territory of the capital city of Prague or in the districts of Prague West and Prague East.
  4. the deceased was located in the territory of the capital city of Prague or in the districts of Prague West and Prague East.
  5. a funeral service is a person authorised in accordance with § 113-114 of the Civil Code to arrange matters related to the burial of the deceased.
  6. The Client acknowledges that if someone has ordered funeral services from the funeral director before him/her or if it subsequently turns out that he/she is not authorized to handle the funeral, the funeral cannot be performed, but the Client is obliged to pay the costs incurred by the Contractor, the price of the goods already delivered or the services already agreed upon/provided, but at least the amount corresponding to 30% of the order price.

4.2.   In the event that all the conditions set out in clause 1.2 of these terms and conditions are not met or the consumer's individual requirements for the services provided, the Supplier shall provide the consumer with a quotation for the services by telephone or e-mail, which shall include the price for the services. A full price list of all the Supplier's activities shall be available for inspection at all of the Supplier's premises. The order shall be placed in accordance with these terms and conditions via a specific order form on the web interface, whereby the consumer refers to the supplier's offer by means of an 'offer/order number' and, by completing the order, expresses his/her interest in subscribing to the individually agreed services and his/her agreement to their price, or, where appropriate, expresses this agreement by telephone and confirms it electronically or by signing the order.

4.3.   An additional increase in the agreed price after acceptance of the order may occur if the information provided by the consumer about the distance to the bodywork collection point, its dimensions and weight proves to be incorrect or incomplete, if the required cooling time for the bodywork proves to be more than 10 days, or if other unforeseen circumstances occur that increase the price of the services or goods for reasons not attributable to the supplier, in particular in the event of force majeure. The additional price increase shall be paid by the customer on the basis of the supplier's invoice no later than the next working day.

4.4.   The delivery price is indicative for the territory of the capital city of Prague and may vary depending on the weight and volume of the ordered goods, the distance of the delivery point or express order.

4.5.   The price of services and all costs associated with the provision of services under the contract for the provision of funeral services / price of goods may be paid by the consumer to the provider in the following ways:

  • in cash in person at one of the Supplier's offices at www.krematorium.cz.
  • by wire transfer to the Supplier's account indicated on the order confirmation with the variable symbol indicated.

4.6.   The price for funeral services or delivery of goods must be paid in full no later than the next working day after receipt of the order, unless the Contractor has specified a later date. The contractor is not obliged, but is entitled, to commence performance before payment.

4.7.   In the case of non-cash payment, the consumer is obliged to indicate the variable payment symbol when paying the price for the services or goods. In the case of non-cash payment, the price is deemed to be paid when the relevant amount is credited to the Supplier's account.

4.8.   Discounts on the price of goods or services provided by the Supplier to the Consumer cannot be combined.

5. Cancellation fee

5.1.   If, after ordering funeral services, the consumer requests a change in the agreed and ordered services or expresses an interest in amicable termination of the contract or withdraws from the contract without legal reason or in violation of these GTC, the contractor is entitled to charge a refund of the costs incurred plus a special fee as follows:

  • In the event that the funeral (cremation, burial in a grave) or memorial/delivery takes place more than 48 hours before the date, the cancellation fee is set at 50% of the total price including VAT for each individual service or item.
  • If the funeral (cremation, burial in grave) or memorial/delivery takes place less than 48 hours before the date, the cancellation fee for each individual service or item will be set at 80% of its total price including VAT.

6. withdrawal from the contract

6.1.   If the consumer fails to pay at least 50% of the price received on the day following the order confirmation or the remainder up to 100% within 24 hours before the supplier starts to provide the ordered service, the supplier is entitled to withdraw from the concluded contract. Any advance payment shall be refunded by the Supplier to the Consumer by payment to the bank account of the credit card used by the Consumer or by bank transfer within 15 working days from the date of notification of withdrawal. The consumer acknowledges that the service will not be provided in this case. The Supplier is entitled to deduct from the refunded deposit the costs associated with the commencement of the execution of the contract, but at least an administrative fee for the processing of the contract in the amount of CZK 5 000.

6.2.   The Consumer acknowledges that pursuant to the provisions of Section 1837 of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), withdrawal from, inter alia, a contract for the provision of services is excluded if the performance of such services has been commenced with the consumer's consent before the expiry of a period of 14 days from the receipt of the service, as well as from a contract for the supply of goods which have been modified according to the consumer's wishes, as well as goods which are perishable, subject to wear and tear or obsolescence, or goods which cannot be returned after removal from their packaging for hygienic reasons.

6.3.   Otherwise, or in any other case where the contract cannot be withdrawn, the consumer shall have the right to withdraw from the contract within fourteen days in accordance with the provisions of Article 1829 et seq. of the Civil Code.

6.4.   In the event of withdrawal in accordance with the General Terms and Conditions, clause VI.3, the part of the contract relating to the returned goods shall be cancelled from the outset. The goods must be returned to the supplier undamaged, unworn and, as far as possible, in their original packaging.

6.5.   The Supplier undertakes to inspect the returned goods immediately upon receipt, in particular to check whether the returned goods are damaged, worn out or partially used.

6.6.   In the event of withdrawal from the Contract pursuant to Article VI.3 of the General Terms and Conditions, the Supplier shall return to the Consumer all monies received under the Contract (including the cost of delivery of the goods) in the same manner as it received them from the Consumer, within 30 days of withdrawal from the Contract and return of the goods. If the consumer expressly agrees, the supplier is entitled to return the funds received in another way.

6.7.   The Consumer acknowledges that if the goods returned by the Consumer are damaged, worn out or partially consumed, the Supplier shall be entitled to compensation for any damage caused by the Supplier. The Supplier is entitled to unilaterally set off the claim for payment of damages against the Consumer's claim for compensation.

6.8.   In the event of withdrawal from the contract, the consumer shall bear the costs of returning the goods, including any increased costs if the goods cannot be returned by ordinary post. He further acknowledges that in the event of withdrawal from the service contract, he is obliged to pay a pro rata portion of the price if the provision of services has already begun. This provision does not apply to service contracts which cannot be cancelled pursuant to Section 1837(a) of the Civil Code - see point 2 of this Article above.

7. Liability for defects, warranty

7.1.  The rights and obligations of the parties with regard to the Supplier's liability for defects, including the Supplier's warranty liability, are governed by the applicable generally binding regulations (in particular the provisions of Sections 1914 et seq. of the Civil Code).

7.2.   The Supplier shall be liable to the Consumer for the fact that the services and goods supplied are in accordance with the contract, in particular that they are free from defects. Conformity with the contract means that the services provided have been performed in accordance with the contract and that the goods sold are of the quality and performance required by the contract, described by the supplier, the manufacturer or his representative or expected on the basis of the information provided by them or, where applicable, of the quality and performance usual for goods of this kind, that they meet the requirements of the law, that they are in the correct quantity, measure or weight and that they are fit for the purpose for which the supplier has indicated the use of the goods or for which the goods are normally used.

7.3.   If the goods are not in conformity with the contract of sale on receipt by the consumer ("breach of contract of sale"), the consumer has the right to require the supplier to remedy the defect free of charge and without undue delay, to obtain performance which is in conformity with the contract of sale and to bring the goods into conformity with the contract of sale, at the consumer's option by replacement or repair; if this is not possible, the consumer may require a reasonable reduction in the price or withdraw from the contract. This does not apply if the consumer was aware of the non-conformity before taking delivery of the goods or if the consumer himself caused the non-conformity. A non-conformity which becomes apparent within six (6) months from the date of receipt of the goods and provision of the services shall be deemed to exist at the time of receipt and provision of the services, unless the nature of the goods prevents this or unless the contrary is proved. The delivery of flowers - flower arrangements of a higher or equivalent quality and price, differing in type or colour because the ordered flowers/plants could not be procured - on the market shall not be considered a breach of contract.

8. Complaints

8.1.   Claims - the consumer's rights under the supplier's liability for defects, including the supplier's liability under the warranty, must be exercised by the consumer at the supplier's premises or electronically at: reditelstvi@elpis.cz. The goods that are the subject of the complaint must be submitted to the Supplier for assessment.

8.2.   Unless the goods are perishable or second-hand, the Supplier is liable for defects that manifest themselves as a breach of contract after receipt of the goods within the warranty period (warranty). The Purchaser shall be entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four (24) months of acceptance. The warranty for a product custom-made according to the order is 6 months and in case of repair or modification of the goods the warranty is 3 months.

8.3.   Special Provisions for Cultivated Flower Products. Cut flowers are always delivered fresh and packaged. Upon delivery, the deliverer is happy to inform the consumer how best to care for them to keep them fresh for as long as possible. In the event of a claim, all flowers from the supplier's manufacturing plant will be photographed before dispatch. If the flowers are damaged on delivery, the consumer will be informed immediately and must make a claim by calling 602 200 700 or 777 200 792 and sending a photo of the damaged flowers via the phone app or email. Later claims will not be taken into account.

8.4.   Claims for funeral services, including the provision of a coffin, as well as for the handling of the human remains of the deceased in connection with the funeral ceremony and burial, shall, in addition to general ex gratia payments in accordance with the provisions of the funeral services contract, be forwarded in particular without delay to the master of ceremonies or the person who performs the ceremony on behalf of the supplier, preferably before the ceremony or immediately after the ceremony/funeral within the meaning of Section 2 (2) (a) of the Funeral Service Act. In the case of funeral services (in the case of burial in a grave or tomb; in the case of cremation of human remains until the time of cremation (i.e. cremation) in a crematorium; a shorter period of time is agreed in the interest of the consumer, so that the complaint can be de facto assessed and dealt with in the interest of the consumer, it is transferred pursuant to Act No 256/2001 Coll.

8.5.   Handling of complaints. The Supplier shall assess and decide on the validity of the complaint (allegation of defects) within 30 days from the date of receipt or submission of the complaint. The Supplier is legally obliged to remedy legally remediable and demonstrable defects, including missing services, in relation to the contracted services without delay and free of charge. In the case of defects that cannot be remedied, the client is entitled to a reasonable discount on the price of the legitimately claimed services and goods. The Contractor shall report to the Client within 30 days of receipt of the complaint on how the complaint has been dealt with (i.e. whether it has been accepted, even partially, or rejected).

9. Other rights and obligations of the parties

9.1.   The Consumer undertakes not to order further funeral services after the order has been placed. In this case, the consumer is obliged to pay the cancellation fee according to article 5.1.

9.2.   The consumer acquires ownership of the delivered object of the contract - the goods - at the moment of acceptance.

9.3.   The Consumer acknowledges that the software and other components forming the web interface of the shop (including photographs of the goods offered) are protected by copyright. The Consumer undertakes not to do anything that would enable him or a third party to interfere with or make unauthorised use of the software or other components of the web interface of the Shop.

9.4.   When using the web interface of the Shop, the Consumer is not entitled to use mechanisms, software or other procedures that could interfere with the functioning of the web interface of the Shop. The web interface of the Shop may only be used to the extent that it does not interfere with the rights of other customers of the Supplier and is compatible with its purpose.

9.5.   Situations not covered by the Contract or these Terms and Conditions are governed by the applicable law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll. If the Contract is concluded by a final consumer, Act No. 256/2001 Coll. on Consumer Protection shall also apply,

9.6.   The Consumer acknowledges that the Provider shall not be liable for errors resulting from third party intervention in the Website or from improper use of the Website.

10. Data protection and sending of commercial communications

10.1.   The protection of personal data of consumers who are natural persons is regulated by Act No. 101/2000 Coll. on the Protection of Personal Data, as amended.

10.2.   The Consumer consents to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as "personal data"), relationship to a deceased person.

10.3.   The Consumer consents to the processing of Personal Data by the Supplier for the purpose of exercising its rights and obligations under the Contract.

10.4.   The Consumer acknowledges that he/she is obliged to provide his/her personal data correctly and truthfully (when registering, in his/her user account, when placing an order through the web interface of the Shop) and that he/she is obliged to inform the Supplier immediately of any change in his/her personal data.

10.5.   The detailed regulation of personal data protection by the Supplier is contained in a separate document available at www https://www.krematorium.cz / https://www.e-pohreb.cz / https://www.e-kvetina.cz.

10.6.   The Supplier may delegate the processing of the Consumer's personal data to a third party who is also a data processor under the Act. With the exception of funeral homes, the supplier will not disclose personal data to third parties without the consumer's prior consent. In order to carry out the service in accordance with these terms and conditions, it is necessary to work with personal data, which must always be disclosed to the persons arranging the funeral, and by submitting an order, the consumer confirms their informed consent to the use of the data provided for the purposes set out in these terms and conditions.

10.7.   Personal data will be processed in electronic form by automated means or in paper form by non-automated means.

10.8.   The Consumer confirms that the personal data provided is correct and that he/she has been informed that the provision of personal data is voluntary. The Consumer declares that he/she has been informed that he/she can withdraw his/her consent to the processing of personal data against the Supplier by sending a written notice to the Supplier's address and that he/she has read the detailed data protection regulation referred to in clause 5 of this Article.

10.9.   If the consumer believes that the supplier or processor is processing his personal data in a manner contrary to the protection of the consumer's private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of the processing, he may contact:

  1. request the supplier or processor to explain and correct the data.
  2. invite the supplier or processor to delete the stored data after the expiry of the statutory retention period.

10.10.  If the consumer requests information about the processing of his or her personal data, the supplier must provide the consumer with this information. For the provision of information pursuant to the preceding sentence, the supplier is entitled to charge a reasonable fee, which may not exceed the costs necessary to provide the information.

10.11.  The Consumer agrees to the sending of information about the Supplier's goods, services or business to his electronic address and further agrees to the sending of commercial communications from the Supplier or its contractual partners to his electronic address.

11. Delivery

11.1.   Unless otherwise stated in these General Conditions, all correspondence relating to the Contract must be delivered to the other party in writing, either by email, in person or by registered post (at the sender's option). Delivery to the Consumer shall be made to the email address provided in the Consumer's user account.

11.2.   The message shall be delivered:

  1. in the case of delivery by e-mail, at the moment of receipt on the incoming mail server; the integrity of messages sent by e-mail may be guaranteed by a certificate; in the case of delivery by SMS, by confirmation of the sending of the SMS to the telephone number provided by the consumer.
  2. in the case of personal delivery or delivery via a postal service provider, by the receipt of the parcel by the recipient,
  3. in the case of personal delivery or delivery by a postal service provider, also by refusal to accept the parcel if the addressee (or a person authorised to accept the parcel on his/her behalf) refuses to accept the parcel.
  4. in the case of delivery by the postal service provider after the expiry of a period of ten (10) days from the deposit of the consignment and the request to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service provider, even if the addressee has not been informed of the deposit.

12. final provisions

12.1.   If the relationship related to the use of the Website or the legal relationship established by the Contract contains an international (foreign) element, the Parties agree that the relationship is governed by Czech law and local jurisdiction is determined by the Provider's registered office. This is without prejudice to the rights that the consumer is entitled to under generally binding legislation.

12.2.   If any provision of the General Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision that comes as close as possible to the meaning of the invalid provision. The invalidity or ineffectiveness of any provision shall not affect the validity of the other provisions. Amendments to the contract or the terms and conditions must be made in writing.

12.3.   The contract, including the terms and conditions, shall be archived by the supplier in electronic form and shall not be accessible.

12.4.   Out-of-court resolution of consumer disputes (ADR): general obligation to provide information on out-of-court resolution of consumer disputes (within the meaning of and in accordance with the provisions of § 14 and § 20d to § 20za of Act No.364/1992 Coll, 89/2012 Coll.), the funeral service informs the consumer that in the event of a consumer dispute between the seller and the consumer arising from the purchase contract (or the manner of handling a claim - rejection of the claim), which cannot be resolved amicably, the consumer may submit a proposal for out-of-court settlement of this dispute to the body designated for out-of-court settlement of consumer disputes, the Czech Trade Inspection Authority. Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, www.coi.cz.

12.5.   The Complaints Procedure, a model for withdrawal from the contract, is available at https://www.krematorium.cz / https://www.e-pohreb.cz / https://www.e-kvetina.cz.

These business terms and conditions are valid and effective from 1 September 2022.    

       


 

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