Terms of bussines
Placing an order the Customer unconditionally agrees to these terms and conditions. They are in accordance with the Act. 102/2014 Z.z.
Dana Zubrikova – Zahradnictvo HOSTA / HOSTA Garden
hereinafter called "the Supplier "
Any natural or legal person having legal capacity. Customer orders goods from Supplier by his wishes through distance contracts and it agrees with the terms set out below.
Carrier: means the legal transport entity used by the Supplier to deliver goods to the Customer. Supplier uses for transportation the services of an experienced international company GLS. In special cases it is possible to request the Customer to use a different carrier.
Product: Plant material, fertilizers, books, gifts, chemical plant protection, and other garden needs.
Delivery date: It is understood that date, when the Customer receives the goods from the Supplier. .
New: This means goods which are mentioned in the catalog first time. Product is labeled as New usually one year after adding to the catalogue.
Again available: The goods which are in the catalog occurs after one or more years.
Best Seller: This means goods which have been for long-time (usually the average of the last two –three years) sold in large amounts.
Rarity: The plants that are characterized by specific characteristics specified in the product description.
Top: Plants, we consider to have exceptional characteristics from phenological point of view.
3. Price of goods
1. Actual prices of goods are on the website eurohosta.com.
2. Prices are valid only for Internet mail order. The same plants sold in the other supplier´s stores may differ from the prices listed on this website - eurohosta.com.
3. Prices on the website are valid for a period of a certain time.
4. Suplier can change prices any time without any previous notice.
5. The product price listed on the website eurohosta.com is final, including VAT.
6. To the price of goods is added postage according the actual pricelist of the carrier. Postage costs to the selected countries are listed on the website eurohosta.com.
4. Method of ordering
1. The Customer can choose the goods on the website: eurohosta.com.
2. Pictures of plants found on the website eurohosta.com show the mature plants and they are illustrative. Shape and color depends significantly on the intensity of light, status of the plant and processes during image capture. The pictures are displayed mature plants that are grown under optimum conditions, properly irrigated and fertilized. As any conditions are specific and young plants as well as adult plants grown at the Customer conditions may in some cases differ from the plant shown in the photos. Young plants are almost in any cases significantly different comparing the mature plants – in size, leaf shape, leaf color etc.
3. Plants are delivered without natural soil.
4. Customer can order goods as follows:
- ordering via E – shop
- sending an email together with an order to Supplier’s email addresses: email@example.com, or firstname.lastname@example.org
- by phone call at phone number 00421 (0) 0907 237 791
- by an SMS message to phone number 00421 (0) 0907 237 791
- by writing to the following address : Dana Zúbriková - Záhradníctvo Hosta, Jesenskeho 52 , 965 01 Ziar nad Hronom, Slovak Republic
5. Method of processing orders
1. The Supplier will register the order in its electronic systems and will send a confirmation to the Customer, within 10 days, by mail or by sms.
2. All orders are processed on the “first come-first serve” basis.
3. Customer in the order indicates interest to pick up the goods personally.
4. Goods may be collected personally at: Záhradníctvo HOSTA, Dr. Jánského 2700/33, 965 01 Žiar nad Hronom, Slovak Republic. The Supplier notifies to the Customer that the goods are ready for collecting by phone or by e - mail. The Customer has to pick up goods within 7 days after the indication the good is ready.
5. The Supplier processes the order according the date and prepares the goods.
6. The rights and obligations of the Supplier
Obligations of the Supplier
1. Notify to the Customer by phone or email on dispatch of goods.
2. Supply plants in the right amount, cultivars and prices valid on the day of dispatch of the order.
3. Pack the plants in such a way to prevent their deterioration during transport.
4. Sent along with the required plants and instructions for planting.
5. Make every effort to supplied healthy and undamaged plants.
6. Send just the true the name cultivars.
7. Do not replace any goods with similar one, without previous discussion with Customer.
8. If, because of bad weather or other objective factors Supplier cannot deliver any of the ordered goods by the Customer to inform and agreed the way the procedure (exchange for other goods or reductions of price etc.).
Rights of the Supplier:
1. Supplier shall not be liable for damage to goods resulting from delayed delivery by the carrier.
2. Supplier shall not be liable for damages arising from lack of care of the plants after receiving of the shipment, failure to the instructions or by attacks of the harmful agents after planting the plants in the Customer environment.
3. Supplier reserves the right to send pre-invoice (50 % of the total amount) when ordering products over 500 €, if Customer indicates pick upping the plants in the Supplier stores or if Customer indicates to pay by delivery.
4. Supplier reserves the right to cancel the order if there security, that Customer is a reliable body, or if Customer in the past did not collect the parcel without indicating a reliable reason or Customer is the debtor of a Supplier.
7. The rights and obligations of the buyer
Obligations of the buyer:
1. Pay the price and take plant material supplied under the contract. In case Customer do not pick up shipment that has been properly and timely delivered in accordance with the Terms and Conditions, without giving any reason, Supplier is entitled to ask reimbursement of costs associated with sending a shipment. After returning awaiting shipment is issued and sent an invoice to the Customer, which is counted the cost of real postage for the return shipment and in case the goods were damaged, the Supplier will invoice the cost of damaged goods.
2. Check the parcel and indicate immediately to the Supplier if any mechanical or any other damage was found.
3. Notified no later than 3 days after receipt of goods, missing or damaged items.
4. Risk of damage to plants passes to the buyer at the time when the buyer do not pick up the goods.
The rights of the buyer:
1. To obtain the desired product type, quantity and price at the time the dispatch of orders.
2. Be informed of the changes in terms of delivery due to unforeseen situations.
3. Withdraw from the contract without any reasons until the date of dispatch.
4. Is entitled to claim the goods.
8. Tterms of delivery
1. The goods are delivered in two terms.
2. Spring season. Receiving orders from November until June. Sending plants from mid April to early June, depending on weather.
3. Autumn season. Receiving orders from July to end of October. Sending plants from mid-September to late November.
4. All the orders are processed in the order the date of acceptation. Packages are prepared directly on the day of departure, ensuring maximum freshness of the delivered material. Packages are send only from Monday until Thursday to ensure the plants do not remain through the weekend in the carrier storage.
9. Payment Terms
The buyer pays the price. He pays in cash on delivery or when he takes parcel from the courier. In case, if the Customer chooses a payment by bank transfer, pay in advance on the basis of pro-forma invoice. When taking parcel from courier, he will receive all necessary documents and he is required to check status of the parcel immediately.10. Withdrawal
1. The purchaser is obligate, without giving any reason to cancel the contract within 14 working days of receipt of goods. The Supplier in this case is obliged to take back the goods.
2. This paragraph does not apply to live plants, which cannot be returned, due to possible damage of them via returning transport, according to Act No. 102/2014 On consumer protection. Buyer may, at any time until the date of dispatch, to cancel the order through e - mail: email@example.com or firstname.lastname@example.org. We will then send you a confirmation of order cancellation.
3. In case termination of the contract, the Supplier is obligate, within 14 days from the date of termination, to return the price paid for the goods and delivery if the buyer already paid the invoice.
In accordance to Law no. 102/2014 on the protection of consumers in the sale of goods or provision of services on the basis of the distance contract or contract outside the premises seller and amending certain laws, withdraw from the contract if the buyer shall bear the cost of returning the goods to the seller in accordance with § 10 -3, and it withdraw from the distance contract and the cost of returning goods which can not be returned trought mail.
In accordance to Law no. 102/2014 on the protection of consumers on the protection of consumers in the sale of goods or provision of services on the basis of the distance contract or contract outside the seller's premises and on amendments to certain Acts section 3 letter t), there is a possibility of resolving any dispute out of court.
The customer has the right to express disagreement with these terms and conditions in writing letter or email at the address of the seller.
11. The claim
1. Prior to realizing a payment and accepting shipment it is necessary that Customer checks whether the parcel is damaged or not. Damaged parcels have to be claimed directly at the postman.
2. When Customer unpackage the parcel, he is obligate to check, whether the plants are delivered in the required amount and type according to the attached documents. If a Customer finds irregularities, or if any plant is damaged due to excessively long delivery time or any other reason, the Customer has the right to:
3. To assess the viability of the plant and the subsequent delivery of replacement goods, it is necessary that the Customer contact our company by phone Number 00421 (0) 907 237 791.
4 When the equivalent good is supplied, the Supplier is entitled to require from Customer to return the goods, to the Customer cost, event that it is damaged or destroyed.
5. To settle the complaint is valid, contact us as soon as possible by e-mail: email@example.com or firstname.lastname@example.org. To assess whether a complaint is adequate, please send your invoice with the delivery note and a photograph of the claimed goods immediately upon receipt. We send decision about complaint within 3 days of receipt of the complaint. To processing of the complaint do not last longer than 30 days from the date of the claim. The complaint cannot be applied to plants that have been damaged or destroyed as a result of delayed or awaiting acceptance by the Customer. In this case the Customer is not entitled to claim!