Terms and Conditions

(valid from April 1, 2025)

Our website address is: https://pachamamaherbs.com.

Operated by

Kumacenge s.r.o., registered office: Korunní 2569/108, 101 00 Prague 1, Czech Republic
Company ID: 23073756 (hereinafter referred to as the Seller)
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 420280.

Contact Details
Delivery address: Kumacenge s.r.o., Chválkovická 180/14a, 779 00 Czech Republic
Email: info@pachamamaherbs.com

1. Introductory Provisions

1.1 These General Terms and Conditions of Sale (“Terms and Conditions”) govern the rights and obligations of the Seller and the Buyer when purchasing goods from the Seller through means of distance communication, i.e. via the online shop pachamamaherbs.com, by telephone, or by email.

1.2 The Seller is the operator of the online shop.

1.3 The Buyer may be either a consumer or a business customer:

Consumer means any individual who concludes a contract with Kumacenge s.r.o. outside the scope of their business activity or independent professional practice.
Business customer means any person acting within their business or professional activity, including anyone who enters into a contract related to their own trade or profession, or acts on behalf of a business. A Buyer providing a business identification number (ID) when creating an order or registering a customer account will be regarded as a business customer.

2. Conclusion of the Purchase Agreement

2.1 The Buyer selects goods from the online catalogue at pachamamaherbs.com. Any product with an “Add to Cart” button may be purchased. Product photos are for illustration only and may contain decorative elements not included in the delivery.

2.2 After clicking “Add to Cart,” the selected goods will be added to the shopping cart, which is accessible at any time for review. To place an order, the Buyer must provide the personal details required by the system to conclude the purchase agreement. Orders can also be placed by phone at +420 777 691 046.
The Buyer must provide accurate and truthful information, which will be used to process the order and fulfill the contract. The Buyer must also provide valid contact details (phone number and email address) for order status notifications.

2.3 The Buyer chooses a payment method and a delivery method.

2.4 Before submitting the order, the Buyer may review and correct all entered data.

2.5 By submitting the order (“Send Order with Payment Obligation”), the Buyer confirms that they have been informed of the main product features, total price, delivery costs, and any additional services, and agrees to pay the stated total price.

2.6 After the order is submitted, the Seller will confirm its receipt by email. This confirmation is not acceptance of the order.

2.7 The purchase agreement is concluded only when the Seller sends an email confirmation of acceptance of the order. The Seller may require additional confirmation (e.g. by phone) depending on the nature of the order.

2.8 By accepting the order, a binding purchase contract is formed for the supply of the goods and any related services at the price stated in the order. These Terms and Conditions form an integral part of the contract.

2.9 Consumer rights of withdrawal are described in Article 6 of these Terms and Conditions.

2.10 Orders accepted as concluded contracts are stored by the Seller and accessible to the Buyer via their customer account.

2.11 The contract is concluded in English.

3. Payment Terms

3.1 The current product price corresponds to the price shown in the online catalogue at pachamamaherbs.com at the time of ordering.

3.2 Prices are listed in EUR (or the displayed currency) including VAT and all applicable taxes, unless stated otherwise. Delivery charges and other fees are not included unless explicitly specified.

3.3 Delivery costs and any cash-on-delivery fees are listed on the website and depend on the chosen delivery method.

3.4 The Buyer bears their own costs for internet or telephone communications.

3.5 Payment methods:
a) Bank transfer/prepayment – payment details are provided in the order confirmation. Payment must be received within 7 days.
b) Cash on delivery, if available for the selected destination.
c) Cryptocurrency payment, if this option is active in the checkout.

Ownership of the goods passes to the Buyer only after full payment of the purchase price.

3.6 For bank transfers, the payment is considered settled once credited to the Seller’s account.

3.7 An invoice will be sent electronically by email with the order confirmation or within 5 days after payment.

3.8 Any discounts granted by the Seller cannot be combined unless stated otherwise.

4. Delivery Terms

4.1 Delivery time depends on product availability and the type of goods ordered. Goods in stock are typically dispatched within 1–2 business days after the purchase agreement is concluded (or after payment is received for prepayment orders). For out-of-stock goods, the Seller will inform the Buyer of the estimated delivery time.

4.2 If delivery within the stated time becomes impossible, the Seller will promptly notify the Buyer and may propose an alternative solution. Either party may withdraw from the contract if no agreement is reached, and any payment received will be refunded within 14 days by the same method used for payment.

4.3 The Seller ships goods to addresses within the European Union (unless otherwise stated). The Buyer must accept the goods at the specified delivery address.

4.4 Delivery is to the first lockable door unless otherwise arranged. Further details about delivery methods and costs are provided on the Shipping & Payment page of the website.

4.5 If re-delivery or a different delivery method is required due to reasons on the Buyer’s side, the Buyer will bear any additional costs.

4.6 For personal pickup (if offered), the Buyer must collect prepaid goods within 5 days after being notified that the order is ready.

4.7 Upon receipt, the Buyer must visually inspect the goods and packaging. If damage is visible, the Buyer should refuse delivery and document the issue with the carrier.

4.8

Upon receipt of the goods, the buyer is obliged to visually inspect the goods and check the integrity of the packaging and the goods themselves. The buyer is entitled to refuse acceptance of the goods if there is visible mechanical damage to the goods or their packaging caused during transport, or if the goods are incomplete. In such a case, the buyer is required to draw up a damage/claim report together with the seller’s representative or the carrier responsible for delivering the goods. By signing the delivery note, the buyer confirms that the shipment has been delivered in proper condition.

4.9

In the event of the buyer’s delay in taking delivery of the goods, the seller assumes the position of a depositary pursuant to Section 2120(1) of the Czech Civil Code, and the legal relationship between the buyer and the seller shall be governed, mutatis mutandis, by the provisions of the Civil Code on a contract of deposit (Sections 2402 et seq. of the Civil Code). If the buyer delays taking delivery of the goods for more than 5 days, the seller shall be entitled to charge a storage fee of CZK 50 for each day (including any part of a day) of storage for each item of goods not collected by the buyer. If the delay in taking delivery of the goods exceeds 10 days, the seller may also:

(i) sell the goods on behalf of the customer under the conditions of Section 2126 of the Civil Code and remit the proceeds of the sale to the customer; or

(ii) withdraw from the purchase contract for the supply of the goods and refund the purchase price of the goods to the customer.

The proceeds of the sale or the refunded purchase price, reduced by the storage fees and any reasonably incurred costs associated with the sale of the goods, will be transferred to the customer’s bank account if known to the seller. If the customer’s bank account is unknown, the amount will be kept in the seller’s internal account as a receivable in the name of the customer and the customer will be invited to collect it (or to provide bank details for payment). Such receivable will not bear interest. The seller’s right to compensation for damages and the amount thereof shall remain unaffected.

5. RIGHTS ARISING FROM DEFECTS AND AFTER-SALES SERVICE

5.1
The rights of the buyer–consumer arising from defective performance are governed by the applicable legislation (in particular Sections 2165 et seq. of the Civil Code) and by the valid Complaints Procedure of the seller.

5.2
Where the buyer is an entrepreneur, the rights and obligations of the seller and the buyer are governed by the Civil Code unless otherwise stipulated. An entrepreneur-buyer must notify the seller of any apparent defects in the goods within 24 hours of receipt and must not use the goods. Later claims of this nature may not be accepted by the seller. Hidden defects must be reported without undue delay after they could have been discovered with due care, but no later than two years after delivery, unless the manufacturer’s warranty certificate specifies a different warranty period. When asserting rights from defects under Sections 2099 et seq. of the Civil Code (i.e., the right to removal of defects by delivery of new goods without defects or missing goods, repair of goods if the defects are removable, a reasonable discount, or withdrawal from the contract), the entrepreneur-buyer must provide the seller with the claimed goods together with the invoice or another tax document at any of the seller’s business premises. In the case of exercising the right to exchange goods or withdraw from the contract, the entrepreneur-buyer must return the goods including the original packaging and all accessories. In the event of withdrawal from the contract, the entrepreneur-buyer must return everything received under the purchase contract. If a gift or other performance at a preferential or symbolic price was provided with the purchased goods and the contract is withdrawn from, the entrepreneur-buyer must return such gift or performance together with the goods (§ 1727 Civil Code). The entrepreneur-buyer must provide the cooperation necessary for the seller’s authorized staff to complete the complaint protocol.

5.3
If the defect is not covered by the seller’s liability, the seller is entitled to mediate the repair of the goods through agreed service partners, within the time limits, manner, and prices determined by such partner, of which the seller will inform the buyer without undue delay after receiving such information.

5.4
In the event of a conflict between these Terms and Conditions and the Complaints Procedure, the provisions of the Complaints Procedure shall prevail.

6. WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER

6.1 In accordance with Section 1829(1) of the Civil Code, the buyer – consumer (but not the buyer – entrepreneur) has the right to withdraw from the contract within 14 days. The period specified in the first sentence begins on the day the goods are received. If the contract involves multiple items (types) of goods or the delivery of several pieces of goods, the period begins on the day the last item or piece is received. If the contract involves regular recurring delivery of goods, the period begins on the day the first delivery is received.

6.2 The consumer may withdraw from the contract by any declaration made to the seller, e.g., the consumer may deliver the notice of withdrawal via email to info@rostlinkarna.cz, hand it over at any of the seller’s premises, or communicate it by phone via the customer service line at +420 777 691 046. If the withdrawal is made in writing, the notice must be sent to the seller within the period stated in Article 6.1 above.

6.3 The seller recommends that the consumer use the model withdrawal form to expedite the process. In such cases, the seller will confirm receipt of the completed form without undue delay.

6.4 If the consumer withdraws from the contract, they must send or hand over the goods received from the seller without undue delay, no later than 14 days from the delivery of the withdrawal notice to the seller, at their own expense—even if the goods cannot be returned by standard postal means due to their nature—unless the parties agree that the seller will collect the goods. In such a case, the cost of returning the goods is CZK 15 per kilometer traveled by the seller’s staff from the nearest seller’s premises to collect and return the goods. The deadline is met if the consumer sends the goods before it expires.

6.5 The purchased goods may be sent or handed over either to any of the seller’s premises or to the address provided by the seller after receiving the withdrawal notice. Goods sent cash-on-delivery will not be accepted by the seller. Returned goods must be properly secured for transport to prevent damage.

6.6 If the consumer withdraws from the contract and the returned goods are in the condition in which they were received (taking into account wear necessary for testing the nature, characteristics, and functionality of the goods in a manner similar to a physical store purchase), including all documentation (warranty card, manuals) and accessories, the seller shall return all payments received under the contract, including delivery costs (except additional costs incurred due to the consumer choosing a delivery method other than the cheapest standard delivery offered by the seller), without undue delay and no later than 14 days from the withdrawal, using the same payment method unless otherwise agreed.

6.7 If the consumer withdraws from the contract, the seller is not obliged to return the received payments before receiving the goods or before the consumer proves that the goods have been sent to the seller, whichever occurs first.

6.8 The consumer is liable to the seller for any reduction in the value of the returned goods resulting from handling in a manner other than necessary to determine the nature, characteristics, and functionality of the goods (i.e., in a manner similar to a physical store purchase), or due to the goods being incomplete (missing accessories, etc.).

6.9 If the consumer is liable for the reduction in value as described above, the seller is entitled to offset the compensation against the refunded purchase price; however, the seller must prove the amount of such compensation.

6.10 If additional goods or services are provided by the seller to the buyer at a discounted price, symbolic price, or as a gift based on the buyer’s order, the contract for such additional performance is conditional upon the consumer’s right to withdraw from the purchase contract. If the consumer exercises this right, the contract for the additional performance becomes void, and the consumer must return the related goods (including gifts). If not returned, these items will be considered unjust enrichment. If returning the items is not feasible, the seller is entitled to monetary compensation equal to their usual price.

6.11 The consumer cannot withdraw from the contract (under Section 1837 of the Civil Code) in the following cases:

a) For services that have been fully provided; if provided for payment, only if the consumer gave prior explicit consent before the withdrawal period expired and was informed that they would lose the right to withdraw.

b) For goods or services whose price depends on financial market fluctuations beyond the seller’s control and which may occur during the withdrawal period.

c) For goods made to the consumer’s specifications or clearly personalized.

d) For goods that are perishable or have a short shelf life, or goods that have been irreversibly mixed with other goods after delivery.

e) For urgent repairs or maintenance requested by the consumer at a specific location; this does not apply to unsolicited repairs or delivery of non-essential spare parts.

f) For sealed goods that are not suitable for return due to health or hygiene reasons once unsealed (e.g., razors, epilators).

g) For accommodation, transport of goods, vehicle rental, catering, or leisure services if the contract specifies a particular date or period, as well as other cases listed in Section 1837 of the Civil Code.

6.12 If the buyer – consumer withdraws from the purchase contract, all obligations from related contracts for services connected to the purchase (e.g., tied credit agreements, insurance contracts, extended warranty or protection plans) concluded with or mediated by the seller also terminate. Any refunds under these related contracts will be processed according to the terms and conditions applicable to those contracts.

7 SELLER’S RIGHT TO WITHDRAW FROM THE CONTRACT

7.1 The seller is entitled to withdraw from the contract if the buyer breaches contractual obligations, especially in cases of non-payment, delay in accepting the goods after purchase, or delay in accepting goods after a complaint has been resolved.

7.2 The seller may also withdraw from the contract in case of stock depletion or inability to fulfill the order (e.g., supplier fails to deliver, significant change in supplier pricing). The seller must inform the buyer immediately and attempt to agree on a substitute solution.

7.3 The seller may withdraw from the contract if there is an obvious error in the price of goods (e.g., the price is clearly inconsistent with the usual price for that type of goods, unless clearly marked as a discount or promotion) or other obvious clerical errors affecting essential contract terms. In such cases, the seller will promptly contact the buyer to agree on further steps.

7.4 If the seller withdraws from the contract and the buyer has already paid part or all of the purchase price, the amount will be refunded using the same payment method used by the buyer, unless otherwise agreed, as soon as possible and no later than 14 days from the effective date of withdrawal.

8 PERSONAL DATA PROTECTION

8.1 The seller monitors customer satisfaction through email surveys as part of the “Verified by Customers” program, in which the seller’s e-shop is enrolled. These surveys are sent each time a customer makes a purchase, unless the customer has refused to receive commercial communications from the seller under Section 7(3) of Act No. 480/2004 Coll., on certain information society services, or has withdrawn previously granted consent. The processing of personal data for the purpose of sending surveys within the “Verified by Customers” program is based on the seller’s legitimate interest in assessing customer satisfaction. For sending surveys, evaluating customer feedback, and analyzing market position, the seller uses a data processor—namely, the operator of the Heureka.cz portal. For these purposes, the seller is authorized to share information about the purchased goods and the customer’s email address. Personal data is not shared with any third party for its own purposes. The customer may object to receiving these surveys at any time by using the unsubscribe link included in the survey email.

8.2 Information regarding personal data protection in accordance with the legal framework—Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, “GDPR”)—and the implementation of measures to ensure the seller’s compliance with GDPR and related legislation (e.g., Act No. 110/2019 Coll., on the processing of personal data), can be found on the Personal Data Processing page.

9 CONFIRMATION OF AGREEMENT WITH TERMS AND COMPLAINT POLICY

By confirming each order placed through the seller’s online store, the buyer acknowledges and agrees to the seller’s Terms and Conditions and Complaint Policy.

10 ADDITIONAL INFORMATION

10.1 The Czech Trade Inspection Authority, located at Štěpánská 44, 110 00 Prague 1, Company ID: 000 20 869, website: www.coi.cz, is the competent authority for out-of-court resolution of consumer disputes arising from purchase contracts.

10.2 The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from purchase contracts.

10.3 The European Consumer Centre Czech Republic, located at Štěpánská 44, 110 00 Prague 1, website: www.evropskyspotrebitel.cz, serves as the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.

10.4 The seller is authorized to sell goods based on a trade license. Trade license supervision is carried out by the relevant trade licensing office. The Office for Personal Data Protection oversees personal data protection. The Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

11 EFFECTIVENESS OF TERMS AND CONDITIONS

11.1 The seller reserves the right to amend these Terms and Conditions, which become effective no earlier than the date of publication of the updated version on the seller’s website. The purchase contract between the seller and the buyer is always governed by the version of the Terms and Conditions valid on the date the contract was concluded.

11.2 The rights and obligations of the contracting parties arising from or related to the purchase contract are governed by the laws of the Czech Republic, excluding conflict-of-law rules of private international law, in particular Act No. 89/2012 Coll., the Civil Code (“Civil Code”), and if the buyer is a consumer, also Act No. 634/1992 Coll., on consumer protection, as amended. The choice of law does not deprive the consumer of protection granted by provisions of the legal system that cannot be contractually waived and that would otherwise apply under Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

11.3 The buyer hereby assumes the risk of a change in circumstances pursuant to Section 1765(2) of the Civil Code.

11.4 The Terms and Conditions include an annex with a sample withdrawal form and a complaint protocol.

11.5 These Terms and Conditions are valid and effective from April 1, 2025, and fully replace all previous versions.