General Terms and Conditions

of the company Janusherbs s. r. o.

with its registered office at Na Pavelce 79, 76314 Zlín 12, Company ID (IČO): 21149992, registered at the Regional Court in Brno, Section C, Insert 137654/KSBR, represented by Lukáš Januška, managing director,

for the sale of goods via the online store located at www.canushka-eshop.cz

 

1 CONTACT DETAILS        

1.1 Operator of the e-shop:

Janusherbs s. r. o.

Registered office: Na Pavelce 79, 76314 Zlín 12 (hereinafter referred to as the "registered address")

Company registered in the Commercial Register under Section: C, Insert: 137654/KSBR at the Regional Court in Brno, represented by Lukáš Januška, managing director (hereinafter referred to as the "seller")

Company ID (IČO): 21149992

Phone: +420 603 141 669

Email: info@canushka.cz

1.2 Complaints and returns:

Address for receipt of complaints and returns:

Janusherbs s.r.o., Na Pavelce 79, 76314 Zlín 12, after prior telephone arrangement.

Phone number: +420 603 141 669

2 SCOPE AND APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS

2.1 These General Terms and Conditions (hereinafter referred to as the “GTC”) of the company Janusherbs s.r.o., with its registered office at Na Pavelce 79, 76314 Zlín 12, Company ID (IČO): 21149992, registered in the Commercial Register under Section C, Insert 137654/KSBR at the Regional Court in Brno (hereinafter referred to as “Janusherbs s.r.o.” or “we”), govern, in accordance with § 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations arising in connection with or based on a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between us and consumers or entrepreneurs (hereinafter referred to as “Customer” or “you”) via our online store at www.canushka-eshop.cz.

2.2 In the event of an international element, it is agreed that the legal relationship between us shall be governed by the legal system of the Czech Republic, in particular the Civil Code. However, this choice of law in accordance with Article 3 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 (hereinafter referred to as “Rome I”) must not deprive a consumer of the protection afforded to them by the mandatory provisions of the law of the country of their habitual residence under Article 6(2) of Rome I. 

2.3 The online store is operated by us via the website located at www.canushka-eshop.cz (hereinafter referred to as the “Website”).

2.4 A consumer is any natural person who, outside the scope of their business activities or independent profession, enters into a Purchase Agreement with us or otherwise acts in a legal capacity with us (hereinafter referred to as the “Consumer”).

2.5 An entrepreneur is any natural or legal person (e.g., business company, cooperative, institution) who independently carries out a gainful activity on their own account and responsibility under a trade license or by other means, with the intention of doing so continuously for profit (hereinafter referred to as “entrepreneurial activity”). This person enters into a Purchase Agreement with us or otherwise acts in a legal capacity with us in the context of their business activities (hereinafter referred to as the “Entrepreneur”). We follow the principle that any Customer who provides their Company ID (IČO) or VAT ID (DIČ) in the order is subject to the provisions of these GTC applicable to Entrepreneurs.

2.6 By submitting your order (clicking the “ORDER and pay” button), you confirm that you have read these GTC, including the information provided to Consumers prior to the conclusion of the Purchase Agreement in accordance with these GTC, and that you expressly agree to them in the version valid and effective at the time of confirmation.

3 CUSTOMER INFORMATION PRIOR TO CONCLUDING A PURCHASE AGREEMENT

3.1 The Seller is authorized to sell goods based on a valid trade license. Trade licensing supervision is carried out by the relevant trade office within its competence. Supervision over personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority monitors, within a defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

3.2 All photos and videos on the website are for illustrative purposes only.

3.3 The products offered on the website of the online store www.canushka-eshop.cz and descriptions of their main characteristics are available with each respective product. All prices are listed including VAT and statutory charges, excluding shipping fees. We do not charge any additional costs for communication (e.g., if you call our phone number, you only pay your standard call rate).

3.4 Specific conditions for payment methods and delivery options are described in detail during the ordering process. We offer the possibility of personal pickup at a pre-arranged location after prior telephone agreement, or we will deliver the goods to you via a courier service.

3.5 By clicking the “ORDER and pay” button in our online store, the customer submits a binding order and commits to payment. Before submitting the order, the customer has the opportunity to review, edit, or modify their order as described in more detail in Section 6 of these GTC.

3.6 The customer’s rights regarding defective performance or warranty claims, along with the conditions for asserting those rights, are described in Section 11 of these GTC or in our Complaints Policy.

4 CONSUMER INFORMATION PRIOR TO CONCLUDING A PURCHASE AGREEMENT

4.1 The consumer customer has the right to withdraw from the purchase agreement without providing any reason (unless stated otherwise) within a period of 14 days, which begins no later than:

4.1.1 in the case of a purchase agreement, from the day the goods are received, or

4.1.2 in the case of a purchase agreement involving multiple items/parts, from the day the last delivery is received, or

4.1.3 in the case of a purchase agreement involving regular recurring deliveries, from the day the first delivery is received;

The consumer also has the right to withdraw from the purchase agreement even before the moments defined in Sections 4.1.1 to 4.1.3, by sending us a clear statement of their intention to withdraw — for example, by completing and sending the withdrawal form or by sending a message to our email: info@canushka.cz.

4.2 The withdrawal form is available here – [Withdrawal Form].

4.3 The consumer is not entitled to withdraw from the following contracts:

• for the supply of goods that have been customized or made to the customer's request or for their person;

• for the supply of perishable goods or goods that have been irreversibly mixed with other items after delivery;

• for the supply of sealed goods that have been unsealed and cannot be returned due to health or hygiene reasons, including audio or video recordings and computer software once their seal has been broken;

• for accommodation, transport of goods, car rental, catering, or leisure activities if the contract specifies performance on a certain date or within a specific period;

• for the supply of newspapers, periodicals, or magazines, except for subscription agreements;

• for services that have been fully performed; if for a fee, only if performance began with the consumer’s explicit prior consent before the end of the withdrawal period and the consumer was informed that completing the service would mean losing the right to withdraw.

4.4 If the consumer withdraws from the purchase agreement, they are required to return the goods obtained under that agreement within 14 days from the moment of withdrawal.

4.5 Goods should be returned to:
Canushka s.r.o., Na Pavelce 79, 76314 Zlín 12.
The customer bears the cost of returning the goods when withdrawing from the contract within the 14-day period.

4.6 If the consumer withdraws from the agreement, they are obliged to return the goods within 14 days from the date of withdrawal. The goods must be returned complete — including all supplied accessories, documentation, clean, undamaged, and, if possible, in the original packaging — in the condition and value in which they were received.

4.7 In the case of withdrawal, the customer is liable for any reduction in the value of the returned goods resulting from handling beyond what is necessary to determine their nature, characteristics, and functioning. If the returned goods are damaged or incomplete, we will deduct the value of the damage from the refund amount as follows:

• For customers in the Czech Republic (CZE): We will offset the value of the damage against the purchase price being refunded.

• For customers in Slovakia (SVK): We will refund the full purchase price first and then request reimbursement for the difference caused by the damage.

Each case will be assessed individually to determine the extent of damage or devaluation and its corresponding value. We will inform you of these steps via email or phone.

4.8 If the consumer withdraws from a service contract where performance has already started based on their explicit request before the end of the 14-day withdrawal period, the consumer must pay a proportionate amount for the services provided up to the moment of withdrawal.

4.9 In case of withdrawal within the legal period, we are obligated to return all payments received, using the same payment method as was used for the original transaction, or to a bank account specified by you, no later than 14 days after withdrawal. Please note that we may withhold the refund until we receive the returned goods.

4.10 We handle out-of-court consumer complaints via email at info@canushka.cz.

4.11 The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs, is the authority for alternative dispute resolution arising from purchase agreements. The European Commission’s online dispute resolution platform, available at http://ec.europa.eu/consumers/odr, can also be used for resolving disputes between consumers and sellers.

4.12 Reviews can be submitted through the websites https://www.heureka.cz and https://www.zbozi.cz. Information on how reviews are processed by Heureka or Zboží.cz can be found on their respective websites. We reserve the right not to publish customer reviews that are false, contain inappropriate language, or are unrelated to the purchased goods.

4.13 The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://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.

5 USER ACCOUNT AND OTHER PREREQUISITES FOR ORDER ACCEPTANCE

5.1 Based on a customer registration via email on the store’s website, the customer can access their user interface. We also offer the option of simplified registration using a Facebook or Google account. The user confirms that they have read and agree to our General Terms and Conditions and Privacy Policy.

5.2 From their user interface (labeled “My Account”), the customer may place orders for goods (hereinafter referred to as the “user account”). Only legal entities or individuals who are of legal age and fully legally competent may create a user account. If the e-shop allows, the customer may also place a one-time order without registration directly through the website interface.

5.3 When registering on the website and when placing an order, the customer is obliged to provide accurate and truthful information. The customer is required to update any information in the user account in the event of any changes. The information provided by the customer in the user account and when placing orders is considered accurate by the seller.

5.4 Access to the user account is secured by a username and a strong password. The customer is obliged to maintain confidentiality regarding the information necessary to access their user account. The customer is not authorized to allow third parties to use the user account. We may block the user account after five (5) unsuccessful login attempts. This is done for security reasons, particularly to prevent misuse of the customer's account. If your user account is blocked, please contact our customer service or email us at info@canushka.cz.

5.5 We reserve the right to cancel a user account, particularly if the customer has not used their account for more than one year or if the customer breaches their obligations under the purchase agreement as defined in these Terms and Conditions.

5.6 The customer acknowledges that the user account may not be available continuously, especially due to necessary maintenance.

6 ORDER AND CONCLUSION OF THE PURCHASE AGREEMENT THROUGH THE E-SHOP

6.1 All product presentations displayed in the online store interface are for informational purposes only, and we are not obliged to conclude a purchase agreement regarding such goods. The provisions of Section 1732(2) of the Civil Code do not apply.

6.2 Product prices remain valid as long as they are displayed in our e-shop. This provision does not limit our ability to conclude a purchase agreement under individually agreed conditions.

6.3 The e-shop also includes information on packaging and delivery costs. The amount of these costs will depend on the specified delivery address and, in particular, the selected carrier.

6.4 To place an order, the customer completes the order form in the e-shop (adds items to the “cart,” selects the payment method for the goods, provides the delivery address and other necessary contact details, chooses the preferred delivery method for the ordered goods, and receives information about the delivery costs). For goods marked as “in stock,” the order constitutes a binding order subject to payment (hereinafter referred to as the “order”). By submitting the order, the customer confirms they have agreed to these General Terms and Conditions and have read our Privacy Policy.

6.5 Before completing the order, the customer is given the opportunity to review and modify the data entered in the order, including the ability to detect and correct errors made during the data entry process. The order is submitted by clicking the “ORDER and pay” button, which finalizes the ordering process. The information provided in the order is considered accurate by the seller. If it is determined during processing that clearly false or incomplete information was used, we may reject the order, and you will be notified via email. The customer may be held liable for any damage caused by intentionally providing false or incorrect information.

6.6 The seller reserves the right to request additional confirmation of the order from the customer (e.g., in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, expected delivery costs), and may also ask the customer to confirm the correct size selection for the given product.

6.7 A customer who completes an order will receive an automatic confirmation of receipt sent to the email address provided in their user account, in the order, or in another of our forms (hereinafter referred to as the “customer email”). The purchase agreement is concluded at the moment the “ORDER and pay” button is clicked, which is immediately confirmed by the order receipt confirmation.

6.8 By concluding the purchase agreement, we commit to delivering the purchased goods to you and enabling you to acquire ownership rights to the goods, and you agree to accept the goods and pay the purchase price.

6.9 The customer will receive a copy of the concluded purchase agreement at their email address, along with the applicable version of the General Terms and Conditions. A customer who is a consumer will also receive a withdrawal form valid within the statutory time limit.

6.10 The customer agrees to the use of remote communication means when concluding the purchase agreement. Any costs incurred by the customer in using remote communication means in connection with the conclusion of the purchase agreement (internet connection fees, telephone charges) are borne by the customer, and these costs do not differ from the standard rate.

7 PRICE OF GOODS AND PAYMENT METHODS

7.1 All prices of goods are listed in Czech crowns (CZK) or, where applicable, in euros (EUR), and include VAT.

7.2 The purchase price of the goods and any associated delivery charges under the purchase agreement may be paid online by card or by bank transfer. If we offer other payment methods, the customer will be informed during the ordering process (in the "Payment and Delivery" section).

7.3 In addition to the purchase price, the customer is also obliged to pay any agreed costs related to packaging and delivery. Unless expressly stated otherwise, the term “purchase price” also includes the delivery charges.

7.4 We may require an advance payment or a similar type of prepayment from the customer.

7.5 Any discounts on the purchase price granted to the customer cannot be combined with one another.

7.6 In the event a clearly unrealistic price is displayed—such as CZK 0 (zero Czech crowns), or an abnormally low price that falls below our purchase cost—we reserve the right to remove the item from the order. The customer will be informed of this via their email address.

7.7 We agree that invoices will be sent electronically to the customer’s email address.

7.8 If a delivery time is indicated for a product, it is for informational purposes only and is not binding. However, we always strive to meet the stated delivery time whenever possible.

8 RETENTION OF TITLE

8.1 For consumer customers, we retain ownership of the goods until the full purchase price has been paid under the relevant purchase agreement.

8.2 For business customers, we retain ownership of the goods until all outstanding claims we have against you have been paid in full. The customer is obliged to handle the goods subject to retention of title with due care and insure them adequately, at their own expense, against damage, at the value of new goods.

9 DELIVERY OF GOODS, PLACE OF PERFORMANCE, DAMAGE CAUSED TO THE SELLER, AND POTENTIAL DAMAGE DURING TRANSPORT

9.1 The goods are handed over to the customer at an agreed location, either upon prior telephone arrangement with us, or delivered to the delivery address specified by the customer.

9.2 For consumers, the goods are deemed delivered when the carrier hands them over to the customer at the place of delivery (typically the first door/gate at the delivery location specified by the customer). At this moment, the risk of damage and accidental deterioration of the goods passes to the customer. If the customer fails to collect the goods from the carrier, the risk passes to the customer at the moment they were given the opportunity to take possession of the goods, but not before the scheduled delivery time.

9.3 If the goods are marked as “in stock”, we undertake to deliver them no later than 5 business days from the order confirmation. This delivery time does not apply to goods customized at the customer’s request (in such cases, the delivery time will be agreed individually). Delivery times can be found in the “Payment and Delivery” section. Occasionally, an item marked as “in stock” may sell out quickly. Should we be unable to deliver the ordered goods within the stated time, we will contact you to arrange an alternative solution. Nevertheless, we always strive to prepare and dispatch your order as soon as possible.

9.4 The customer may choose from our contracted carriers at the shipping price listed on our website.

9.5 If a delivery method is arranged based on the customer's special request, the customer assumes all risk and any additional costs associated with such a delivery method.

9.6 If repeated delivery or a different delivery method is required due to reasons on the customer's part, the customer is obliged to cover the associated costs.

9.7 If a consumer fails to accept the goods upon delivery by the carrier, and the goods are returned to the seller without the consumer withdrawing from the purchase agreement within 14 days of failed delivery, the seller is entitled to request reimbursement of the return shipping costs charged by the carrier. This cost constitutes damage to the seller resulting from a breach of the consumer’s legal obligations under Section 2913(1) of the Civil Code. The seller is also entitled to charge a storage fee of CZK 100 (one hundred Czech crowns) and may also withdraw from the purchase agreement.

9.8 If a business customer fails to accept the goods upon delivery by the carrier and the goods are returned to the seller, the seller is entitled to request reimbursement of the return shipping costs charged by the carrier. This cost constitutes damage to the seller resulting from a breach of the business customer's legal obligations under Section 2913(1) of the Civil Code. The seller is also entitled to charge a storage fee of CZK 100 (one hundred Czech crowns) and may also withdraw from the purchase agreement.

9.9 In accordance with Section 2913 of the Civil Code, we are entitled to unilaterally offset the claim for reimbursement of storage costs and damages resulting from the customer's breach of legal obligations (whether consumer or business) against the customer's claim for a refund of the purchase price.

9.10 The customer is obliged to inspect the goods upon receipt and verify their condition (in particular whether the correct goods were delivered, whether the goods have the agreed properties, and whether the packaging includes all items as stated in the manual). If the parcel appears visibly damaged upon delivery, the customer is required to refuse acceptance from the carrier. We are not liable for damage caused by the carrier or for delayed delivery of the goods, regardless of the cause of the delay.

9.11 The rights of customers concerning defective goods are governed by our complaint procedure and the relevant provisions of Czech law, in particular the Civil Code.

10 WITHDRAWAL FROM THE PURCHASE AGREEMENT

10.1 The consumer customer’s right to withdraw from the purchase agreement is governed by the provisions set out in Section 4 of these Terms and Conditions.

10.2 Business customers have the right to withdraw from the purchase agreement as permitted by applicable legal regulations. A business customer is not entitled to withdraw from the purchase agreement without giving a reason within 14 days of delivery of the goods; this right is granted only to consumers. If a business customer returns goods and this is not a case of exercising rights due to defects under the Civil Code, we are entitled to charge storage costs in accordance with Clauses 9.8 and 9.9 of these Terms and Conditions, and we will request the business customer to collect the returned goods.

10.3 We are entitled to withdraw from the purchase agreement due to stock depletion or unavailability of the ordered goods. Furthermore, we may withdraw from the purchase agreement in particular if the customer fails to pay the purchase price properly and on time or refuses to accept the goods.

10.4 If a gift is provided to the customer together with the goods, the gift agreement between us and the customer is concluded with a condition subsequent that if the customer withdraws from the purchase agreement, the gift agreement regarding such a gift becomes void and the customer is obliged to return the gift together with the goods.

11 RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

11.1 The rights and obligations of the parties regarding rights arising from defective performance are governed by the applicable generally binding legal regulations (in particular Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code).

11.2 Additional rights and obligations of the parties relating to our liability for defects in the goods are governed by our Complaints Procedure.

12 PERSONAL DATA PROTECTION

12.1 The protection of our customers’ personal data is very important to us. Rules for handling personal data, sending commercial communications, and the use of cookies are defined in our Privacy Policy and Cookie Policy.

12.2 We use so-called cookies, which may be stored on the end device (either based on consent or to protect our legitimate interests). Customers can manage their preferences directly on our website, where they can also find detailed information about the use of cookies.

13 FINAL PROVISIONS, INCLUDING GOVERNING LAW AND JURISDICTION

13.1 In the case of any unintentional conflict between provisions of these Terms and Conditions and consumer protection laws, such laws shall take precedence, and the Seller undertakes to comply accordingly.

13.2 If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

13.3 The contracting parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG, also known as the Vienna Convention), in accordance with Article 6 of the Convention.

13.4 The contracting parties further agree that in the event of disputes arising from the purchase agreement involving an international element, the courts of the Czech Republic shall have local jurisdiction, as determined by our registered office. This does not affect the consumer’s rights under special legal regulations. The contractual language is Czech.

13.5 The purchase agreement including the Terms and Conditions is archived by us in electronic form and is not accessible to third parties.

13.6 The Withdrawal Form is an integral part of these Terms and Conditions.

13.7 The provisions of the Terms and Conditions are an integral part of the purchase agreement. Divergent provisions in the purchase agreement may be agreed upon. In case of discrepancies, the provisions of the purchase agreement shall prevail over the Terms and Conditions.

13.8 Acceptance of these Terms and Conditions is voluntary but necessary for account creation or order placement.

13.9 These Terms and Conditions are valid from 1 April 2025.