General business conditions for the provision of services to buyers

These general business conditions for the provision of services apply to the demand of goods and the provision of other services by the operator to the buyer through the web interface www.Europe3M.com operated by the company

Europe3M s.r.o. ( Ltd., GmbH )

Registered office: Za Hládkovem 973/4, Střešovice, 169 00 Prague 6

ID: 14028387

VAT ID: CZ14028387

registered at the Municipal Court in Prague under file no. No. C 358679 C 358679

Contact Email: info@europe3m.com

1. Introduction

1.1. In addition, some of the terms defined below are used in these terms and conditions:

- the buyer is a legal entity in accordance with these terms and conditions requests the web interface of the goods;

- the Civil Code means Act No. 89/2012 Coll., the Civil Code, as amended;

- business conditions are these General Business Conditions for the provision of services to buyers;

- content means in particular all materials and information entered by the buyer in connection with the use of the service on the operator's web interface, in particular by placing an inquiry;

- demand means the buyer's demand for goods on the web interface, made mainly through text or in another way that the web interface and the operator allow. The request can be created through the technical settings of the user account;

- premium services means services consisting in making available presentations of goods of sellers on the web interface, enabling the submission of inquiries on the web interface and other services that the operator currently offers according to the web interface;

- presentation is the offer of the seller's goods on the web interface made mainly through text, photographs or other means that the web interface and the operator allow;

- the seller is a legal entity that offers its goods through a web interface;

- prepaid period means the period of time during which the operator is obliged to provide premium services to the buyer. Unless otherwise agreed between the buyer and the operator in the contract and unless otherwise stated on the web interface, the length of the prepaid period is 1 year;

- the operator's services (or just "services") means all the functions of the web interface that the operator allows the buyer;
a contract is any contract for the provision of services concluded between the operator and the buyer in accordance with these terms and conditions;

- mediated contract means a purchase or other contract concluded through a web interface between the seller and the buyer.

- A third party is any entity other than the operator and the buyer;
the user account is the buyer's virtual account on the web interface. The Terms and Conditions set out the rules for setting up the account, its use, administration, cancellation, or other rules and procedures concerning the buyer's user account;

- the user account is the buyer's virtual account on the web interface. The Terms and Conditions set out the rules for setting up the account, its use, administration, cancellation, or other rules and procedures concerning the buyer's user account;

- use of the service means all activities of the buyer on the web interface, especially entering requests;

- the web interface is the interface located at www.Europe3M.com

- mediated contract means a purchase or other contract concluded through a web interface between the seller and the buyer.

1.2. The business conditions define and specify the basic rights and obligations of the operator arising from the contract. The Terms and Conditions further stipulate the rules for entering inquiries and the use of all functional components of the web interface by the buyer.
1.3. The provisions of the terms and conditions are an integral part of the contractual relationship between the operator and the buyer. Provisions deviating from the business conditions can be agreed in the contract. Deviating provisions in the contract take precedence over the establishment of business conditions.
1.4. The rights and obligations of the parties are further governed by the terms and conditions set out on the web interface. In matters not regulated here, the relations between the operator and the buyer are governed by legal regulations, in particular the Civil Code.
1.5. The buyer acknowledges that if the seller responds to his request published on the web interface, the buyer then concludes a purchase (or other) contract directly with the seller. The seller is therefore responsible for fulfilling all obligations of the seller towards the buyer.
1.6. The operator does not enter into legal relations between the seller and the buyer and is not responsible for the proper performance of the seller against the buyer, is not responsible for the content, quality, origin, delivery of goods.
1.7. During the registration and also by confirmation on the web interface, the buyer confirms that he has read these terms and conditions and agrees with them.

2. Registration

2.1. To use all the functions of the web interface, it is necessary for the buyer to be registered on the web interface. Registration can be done via the web interface. The buyer is obliged to fill in all required data in the registration form, especially business name, registered office, identification number of the person (or comparable data if the buyer has a registered office outside the Czech Republic) and contact details of the buyer (delivery address, if different from the registered office address, email and phone). It is also necessary to provide documents authorizing the entity to dispose of, trade, distribution, production, in particular licenses, authorizations, permits from the office in the countries where the entity is resident and where it operates. The buyer also chooses his username and password.

2.2. To access the user account, you need an email, resp. username and password. The buyer is obliged to keep the access data to the user account secret. The operator is not responsible for any misuse of the user account by a third party.

2.3. The information provided during registration must be true and complete. An operator whose account has been used for false or incomplete information may be canceled by the operator without compensation. In case of changes in the data, it is necessary to make an immediate adjustment to the buyer's user account.

2.4. The buyer is obliged to submit documents proving the veracity of the entered data, especially all necessary public law permits and an extract from the trade or commercial register, or other similar records. The documents must be entered in the registration form. The operator has the right to request any additional information and documents in order to verify the identity of the buyer and the veracity of the data provided. The buyer acknowledges that if the relevant documents are not provided, the operator has the right to refuse registration.

2.5. The Operator has the right to cancel the Buyer's user account without compensation if this account violates good morals, valid legal regulations of the Czech Republic or these business conditions.

2.6. Services (other than premium services) are provided free of charge and are not limited in duration by the prepaid period. Even in this case, the buyer is obliged to comply with these terms and conditions. Premium services are always provided for a fee for a specified prepaid period.

3. Service contract

3.1. The contract is concluded when the operator confirms the receipt of the registration form to the buyer. If the operator decides to confirm the registration form, he will usually do so within 10 days of receiving the form. The operator is not obliged to confirm the receipt of the registration form. In this case, he must contact the buyer with a refusal.

3.2. The contract, the subject of which is premium services, is concluded at the moment when the price of these premium services is paid.

4. Payment terms of premium services

4.1. The price for premium services for a specified period of time is listed on the web interface and is always paid in advance.

4.2. The price can be paid non-cash. Any other payment methods are displayed on the web interface.

4.3. If the price is paid through the payment gateway, the price is payable immediately after the order is placed. In this case, the buyer's obligation is fulfilled by crediting the amount to the operator's account. The invoice is issued in electronic form and sent to the buyer's email. The buyer agrees that the issued tax documents will be sent only electronically to his email address.

5. Conditions for placing requests ( inquiries ) and providing services

5.1. Inquiries can be submitted to the web interface through the buyer's user account. Inquiries can only be made as part of premium services.

5.2. In the inquiry, the buyer specifies the requested goods.

5.3. The buyer is entitled to request only certified pharmaceutical cannabis via the web interface.

5.4. The buyer is not entitled to insert content (especially images, texts, photographs) on the web interface, which:

- depicts violence or incitement to hatred based on sex, race, color, language, religion or belief, political or other opinion, national or social origin, membership of a particular national or ethnic group;

- may constitute abusive or restrictive practices capable of harming other entities, in particular in the form of misleading advertising, misleading labeling of goods or services, likelihood of confusion, reputational defamation, trivialisation, prohibited comparative advertising, or other similar conduct;

- infringes the copyright and intellectual property rights of the operator or third parties;
contains contact information for another person or data that may be considered personal data unless that person has given his or her consent;

- contains false or misleading information;

- harasses other users of the web interface or prevents them from using the operator's services properly;

contains vulgarities or other expressions the meaning of which is contrary to the general principles of decency and ethics;

- calls for or approves violations of the law;

is capable of endangering the moral development of children and adolescents or their physical or mental development

- is capable of compromising or overburdening the web interface;

- contains an unjustified number of punctuation marks, asterisks and similar characters; or
otherwise violates these terms and conditions, applicable laws of the Czech Republic or good morals.

5.5. The operator reserves the right to remove content that contravenes Article 5.4 of the Terms and Conditions without compensation from the web interface. At the same time, the operator is entitled to eliminate the buyer's demand if this demand is not related to the goods specified in Article 5.3 of the Terms and Conditions. It is entirely at the discretion of the operator to assess whether the content contravenes these provisions. The operator is also entitled to eliminate the demand if this demand contradicts Article 5.2 of the Terms and Conditions.

5.6. The buyer declares and is responsible for:

-is entitled to purchase goods that are the subject of demand (especially with regard to legal regulation according to legal regulations applicable at the point of sale of goods);meets the legal conditions and these business conditions necessary for the registration and publication of the request;

-when using the services, it is governed by the applicable legal regulations and these business conditions;

-is aware of the fact that, as a result of the suspension or change of the provision of the service, it may temporarily or permanently lose access to the content of the web interface.

5.7. The buyer declares and is responsible for holding licenses for the texts, photographs, illustrations and other materials that make up the content of the request. If the buyer does not hold the relevant license, he will secure the author's consent to the processing.

5.8. If any statement in Article 5.7 proves to be untrue, or if the Buyer breaches its obligation under Articles 5.3, 5.4, 5.5 or 5.6, and any third party performance is claimed from the Operator, the Operator shall subsequently claim damages from the Buyer. and the costs he incurs in connection therewith, including legal representation costs. The Buyer further undertakes to indemnify the Operator for all losses, costs, expenses, claims, proceedings or claims made against the Operator due to the infringement of the intellectual property rights of third parties by the Buyer.

5.9. The web interface allows sellers to directly contact the buyer and vice versa. The buyer undertakes not to act in such a way as to cause damage to the good name of the operator and the services it provides when communicating with the sellers. In the event of a breach of the obligation under the previous sentence, the operator has the right to demand compensation from the buyer for the damage caused thereby, and also has the right to terminate the cooperation with the buyer.

5.10. The conditions of providing premium services are governed by information and instructions, which are always provided for a specific premium service on the web interface. The operator will start providing premium services without undue delay after the buyer provides him with the necessary documents and pays the price.

5.11. The buyer undertakes to update the request or remove it whenever there is a change in the information provided in the request (especially the purchase conditions).

5.12. The buyer uses the web interface at his own risk. The operator is not liable for any direct or indirect damage or injury, including loss of stored data, which is the result of the use or inability to use the web interface. If, in spite of the above, the operator's obligation to compensate for damage or injury is found, this obligation is limited only to the amount of the price of the services in respect of which the damage occurred.

5.13. The operator is not responsible for errors caused by third party interventions in the web interface or as a result of its use contrary to its purpose.

5.14. The operator reserves the right to suspend the provision of services and access to the web interface due to technical outages or server maintenance. In this case, the operator is not responsible for the inability to use the web interface.

6. Processing of personal data of sellers

6.1. The operator and the buyer act in relation to the sellers as joint controllers of personal data. The buyer has access to the personal data of the seller in order to fulfill the mediated contract.

6.2. The Buyer undertakes to process the personal data of the Buyers specified in Article

6.1. terms and conditions solely for the purpose of fulfilling the brokered contract.

6.3. The buyer may not process, publish, distribute or store the personal data of the sellers outside the web interface, except for the processing of personal data for the purpose of fulfilling the contract with the seller and other legal reasons.

6.4. The buyer is obliged to comply with all legal regulations in the field of personal data protection, in accordance with the legal regulations of the Czech Republic, the European Union, or other legal systems that apply to the regulation of legal relations between the seller and the buyer. In particular, the buyer is obliged to ensure full protection of personal data against misuse.

6.5. If the buyer breaches any of its obligations under this Article 6 of the Terms and Conditions, and in connection with the operator any performance by a third party will be enforced, the operator is subsequently entitled to recover damages from the buyer and the costs incurred. legal representation.

7. Complaints

7.1. The buyer's rights from liability for defects are governed by applicable law (especially the provisions of Sections 1914 to 1925 of the Civil Code).

7.2. The buyer is entitled to complain about the services provided only if these services, for reasons on the part of the operator, do not correspond to the description on the web interface or are not provided for the agreed period.

7.3. The buyer is obliged to notify the operator of the complaint immediately upon discovery of the defect, to the contact e-mail of the operator, but no later than the date of termination of cooperation between the buyer and the operator.

7.4. If the complaint is found to be justified, the operator will immediately arrange a remedy, in particular provide the service so that the service corresponds to the contract, or the buyer is entitled to a reasonable price discount or withdrawal from the contract for the remainder of the prepaid period and refund a proportion of the money ( if the service defect is of such a nature that it is a material breach of contract and at the same time it is not possible to eliminate the defect within a reasonable time).

7.5. Before paying the price for the premium services, the buyer got acquainted with the web interface and the services offered on it and did not find any defects or defects in them.

8. Period of provision of services

8.1. Premium services are provided to the buyer for a prepaid period. In the event that the price for the next period is not paid by the end of the prepaid period at the latest, the operator will limit the services to the buyer to the basic scope.

8.2. The buyer is entitled to delete his requests at any time through his user account, or cancel his user account by sending a request to cancel the account to the contact email of the operator. The buyer acknowledges that if he cancels his user account, he is not entitled to compensation for non-exhaustion of the prepaid period or non-exhaustion of premium services.

8.3. The Operator reserves the right to remove claims that contradict these Terms and Conditions without compensation, or to cancel the user account if it violates these Terms and Conditions. Furthermore, the operator is entitled to remove all requests at the end of the web interface.

8.4. Premium services are provided for the period for which the buyer ordered and paid for them. If the demand to which the premium services relate is removed by the buyer (for any reason) or the operator (due to violation of these terms and conditions, Czech legislation or good morals), the buyer is not entitled to a refund of any part of the premium services.

9. Protection of trade secrets and trade policy of the operator

9.1. When negotiating the contract and its performance, the buyer may be provided with information that is marked as confidential or whose confidentiality stems from its nature. The buyer undertakes this information in particular:

- keep confidential;

- not to provide them to another person without the consent of the operator;

- not to use them for any purpose other than the performance of the contract;
not be used in any other harmful way.

9.2. Furthermore, the buyer undertakes not to make copies of the documents submitted to him by the operator without the consent of the operator.

9.3. In the event of a breach of the obligations in Articles 9.1 and 9.2 of these Terms and Conditions, the operator has the right to terminate the cooperation and remove all buyer's requests without compensation. The right to compensation is not affected in any way.

10. Final provisions

10.1. The buyer declares that he understands each part of the web interface and does not require a translation of the web interface.

10.2. Communication between the buyer and the operator takes place exclusively in electronic form (email or via the web interface), unless the parties agree on another procedure. A message sent to the other party shall be deemed to have been received on the 3rd day after it was sent.

10.3. All information provided on the web interface is for informational purposes only, the operator is not responsible for its accuracy, timeliness or completeness.

10.4. The content of the website placed on the web interface (texts including terms and conditions, photographs, images, logos, software, etc.) is protected by the copyright of the operator or the rights of others. The buyer is not entitled to change, copy, reproduce, distribute or use the content of the web interface for any purpose without the consent of the operator or the copyright holder. In particular, the free or paid access to photographs and texts placed on the web interface is prohibited.

10.5. Names and designations of products, goods, services, companies and corporations may be registered trademarks of their respective owners.

10.6. The operator is entitled to unilaterally set off its claims against the buyer's claims. The buyer agrees to this.

10.7. If the relationship related to the use of the web interface or the legal relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The operator and the buyer agree that any disputes arising from the contract will be heard in the courts of the Czech Republic.

10.8. The terms and conditions are drawn up in several languages, the Czech language version being decisive.

10.9. If any provision of the Terms and Conditions is or becomes invalid or ineffective or inapplicable, the provision whose meaning is as close as possible to the invalid provision shall apply instead. The invalidity or ineffectiveness or inapplicability of one provision shall not affect the validity of the other provisions. Amendments to the contract or business conditions require a written form.

10.10. The wording of the business conditions may be changed or supplemented by the operator. The new terms and conditions will always be published on the web interface, the operator does not inform the buyer about any change in the terms and conditions. The rights and obligations of the parties are always governed by the wording of the terms and conditions under which they arose.

These terms and conditions are valid and effective from 1.2.2022