Terms and Conditions
1. PRELIMINARY PROVISIONS
1.1 These terms and conditions (hereinafter referred to as "Terms and Conditions") of a trading company Pet - Servis s.r.o., with registered office on Kubelíkova 2532; Kladno 272 01; CZ, identification number: 27417123, registered in the Commercial Register of Municipal court in Prague 2., Section C, Entry 116062 (hereinafter referred to as "Seller") govern in accordance with § 1751 paragraph. 1 of Law no. 89/2012 Coll., Civil Code (the "Civil Code") mutual rights and obligations arising in connection with or pursuant to the purchase agreement (the "purchase agreement") concluded between the seller and any other natural person (hereinafter the "buyer ') through the online store vendor. internet shop is operated by the seller on a website located on the internet at (hereinafter the "website"), and via the website (hereinafter the "web-based commerce").
1.2 Terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or person who is ordering goods in the course of their business or in their separate occupations.
1.3 Provisions derogating from the terms and conditions can be agreed in the purchase contract. Divergent arrangements in the contract shall prevail over the terms of trade.
1.4 Provisions of the conditions are an integral part of the purchase contract. Purchase Agreement and the terms and conditions are written in the Czech language. The purchase agreement may be concluded in the Czech language.
1.5 The Business Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
2. USER ACCOUNT
2.1 Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface buyer can order goods (hereinafter "user account"). In the event that the web interface allows you to store, buyers can also order goods without registration directly from the web interface of the store.
2.2 When registering on the website and ordering goods, the buyer is obliged to provide correct and true information. The data referred to in the user account is a buyer during any amendments required to update. The data referred to by the buyer in the user account and ordering goods by the seller are deemed correct.
2.3 Access to the user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
2.4 Buyer shall not allow the use of a user account to third parties.
2.5 Seller may delete a user account, especially when the buyer does not use his/her account for a longer period of time, or if the buyer breaches its obligations under the purchase contract (including terms and conditions).
2.6 Buyer acknowledges that the user account may not be available continuously, especially with regards to the necessary maintenance of hardware and software, respectively. necessary maintenance of hardware and software of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1 Any presentation of the goods placed in the web interface is informative and seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732 paragraph. 2 of the Civil Code does not apply.
3.2 Web interface provides information about goods, prices of individual goods and the cost of returning the goods if the goods by their nature can not normally be returned by post. Prices of goods are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the web interface. This provision is not limit the seller to conclude a sales contract under individually negotiated conditions.
3.3 Web interface also contains information on the costs associated with packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To order goods, the buyer fills an order form in the web interface. Order form contains particular information about:
3.4.1. ordered goods (ordered goods "insert" the buyer into an electronic shopping cart of the web interface)
3.4.2. method of payment of the price of purchase, details of the desired method of delivery of ordered goods
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
3.5 Before sending the order to the seller, the buyer is allowed to check and modify data put in the order by the buyer, even considering the option that the buyer detected and tries to correct errors made during data entry into the order. The order will be sent by buyer to the seller by clicking on "". The data specified in the order are considered as correct by the seller. Upon receiving the order the seller will immediately send a confirming message onto an e-mail, and that is on the e-mail of the buyer specified in the user's account or in the order (hereinafter " electronic address of the buyer ").
3.6 Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
3.7 The contractual relationship between seller and buyer arises with a confirmation of the order, which is sent by seller to buyer by e-mail through electronic mail address of the buyer.
3.8 Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding a purchase contract (cost of internet access, telephone costs) borne by the Buyer, and these costs do not differ from the standard rate.
4. THE PURCHASE PRICE OF GOODS AND PAYMENT TERMS
4.1 The price of goods and any costs associated with the delivery of goods under the purchase contract the buyer is to pay the seller in the following ways:
4.1.1 In cash or in cashless payment by card in the sellers store at the address; Kubelíkova 2532, Kladno 272 01, CZ
4.1.2 Cash on delivery in the place stated by the buyer in the order; COD is possible to use only for CZ territory!
4.1.3 Bank transfer to the seller's bank account: 51-5529390267 / 0100
4.2 Along with the purchase price, the Buyer shall pay the costs associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, the purchase price includes costs associated with delivery of goods.
4.3 The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Art. 4.6 commercial conditions concerning the obligation to pay the purchase price in advance.
4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon teke over of the goods. In the case of cashless payment of the purchase price is due within days of the purchase contract.
4.5 In the case of cashless payment, the buyer is obliged to pay the purchase price, together with the variable symbol of the payment. In the case of cashless payment, the buyers obligation to pay the purchase price fulfilled at the time the appropriate amount is credited to the seller's account.
4.6 The seller is entitled, especially if the buyer does not provide an additional confirmation (Art. 3.6), to require a payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 paragraph. 1 of the Civil Code shall not apply.
4.7 Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.8 If it is customary in trade relations or if so stipulated by generally binding legal regulations issued by the Seller regarding payments made under a contract buyer tax document - invoice. The seller pays a value added tax. The tax document - an invoice is issued by the seller to the buyer after payment of the price of the goods and send it electronically to the buyer's email address.
5. WITHDRAWAL FROM THE CONTRACT
5.1 Buyer acknowledges that pursuant to § 1837 of the Civil Code, can not, inter alia, withdraw from the contract for the supply:
5.1.1 of goods that have been adjusted according to the wishes of the buyer or his person
5.1.2 of goods subjecting to a rapid deterioration, as well as goods that were after delivery irrevocably mixed with other goods
5.1.3 of sealed goods which the customer unsealed ( from hygienic reasons it can not be returned)
5.1.4 of audio or video recordings or computer program, if breached their original packaging.
5.2 If this is not a case under Art. 5.1 or any other cases where you can not withdraw from the contract, the buyer in accordance with § 1829 paragraph. 1 of the Civil Code has the right to withdraw from the contract, within fourteen (14) days from the take over of goods, wherein in case that the subject of the contract is a several kinds of goods or a supply of several parts, this period runs from the date of the last take over. Withdrawal from the contract must be sent to the seller within the period mentioned in the previous sentence. For withdrawal from the contract can the buyer use a model form provided by the seller, including trading conditions. Withdrawal from the contract may the buyer send, inter alia, on the address of the seller or on the seller's e-mail address.
5.3 In case of withdrawal from the contract to Art. 5.2 of the business contract, it is canceled from the very beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal to the seller. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned in a usual postal route becouse of their character.
5.4 In case of withdrawal from the contract to Art. 5.2 of the terms and conditions the seller returns the funds received from the buyer within fourteen (14) days from the withdrawal from the contract by the buyer, in the same way as the seller received them from the buyer. The seller is also entitled to return performance by the buyer at the time of returning the goods from the buyer or in a different way, if the buyer will agree to it and it will not create additional costs to the buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received before the buyer returns the goods to him or prove that the goods were sent back to the seller.
5.5 The seller is entitled to unilaterally deduct the claims for damage caused to the goods against the Buyer's claim for refund of the purchase price.
5.6 Until the take of goods by the buyer, the seller may at any time withdraw from the contract. In this case, the seller returns the purchase price, without undue delay, and that is by a cashless pay to the bank account designated by the buyer.
5.7 If together with the goods the buyer received a gift, the gift agreement between the buyer and the seller concluded with a condition subsequent that if there is a withdrawal from the contract the buyer loses the gift agreement regarding such a gift and the buyer is required along with the goods return the provided gift to the seller.
6. TRANSPORT AND DELIVERY
6.1 In the event that the way of transport is negotiated based on the special request of the buyer, the buyer bears the risk and additional costs associated with this way of transport.
6.2 If the seller under the purchase contract must deliver the goods to a place specified by the buyer in the order, the buyer is obliged to accept the goods on delivery.
6.3 In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods or costs associated with other delivery method.
6.4 When taking the goods from the carrier the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In case of finding violations of the package indicating unauthorized intrusion into consignment the buyer may refuse the shipment from the carrier.
6.5 Other rights and obligations of the parties in the transport of goods that can modify special delivery conditions of the seller, if the seller issued.
7. RIGHTS OF A DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the parties regarding the rights of defective performance is governed by the relevant legislation (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
7.2 Seller shall be liable to the buyer that the goods on delivery have no defects. In particular, the seller is liable to the buyer that when the buyer took over the goods:
7.2.1. the goods have qualities that the parties have agreed on, and in case of the absence of an arrangement, it has properties which the seller or manufacturer has described or which the buyer expects with regard to the nature of the goods and based on the advertising they carry.
7.2.2. the goods are fit for the purpose which the seller lists them to be used or which the goods of the same type are normally used.
7.2.3. goods correspond with the quality or the implementation to the agreed sample or model, if its quality or performance was determined in accordance with the agreed sample or model.
7.2.4. goods in quantity, measure or weight.
7.2.5. the goods comply with the legal requirements.
7.3 The provisions referred to in Article. 7.2 of business conditions do not apply to goods sold at a lower price to a defect for which the lower price was negotiated, the wear and tear of the goods caused by its common use, in used goods to defect by use or wear that goods had when taken over by the buyer, or if it appears from the nature of the goods.
7.4 When the defect apears within six months after the takeover, it is assumed that the goods were defective at the time of takeover. The buyer is entitled to exercise the right of the defect, which occurs in consumer products during the twenty four months from the takeover.
7.5 Rights of defective performance uses the buyer with the seller at his stone shop in which it is possible to receive the reclamation while taking into account the assortment of goods sold, possibly even at the main office or the place of business. A moment of a claim application is considered to be the moment when the seller receives the claimed goods from the buyer.
7.6 Other rights and obligations of the parties relating to the liability of the seller for defects can be modified by the seller´s complaints procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The buyer acquires ownership of the goods by paying the entire purchase price.
8.2 Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code.
8.3 Extrajudicial processing of consumer complaints is provided by the seller via e-mail address. Information on the settlement of the buyer´s complaint sends the seller to the buyer's email address.
8.4 The seller is entitled to sell the goods based on a trade license. Trade inspection is carried out under the authority of the relevant Trade Office. Supervision of privacy is exercised by the Office for Personal Data Protection. Czech Trade Inspectorate within the specified range, inter alia, supervises over compliance with Act no. 634/1992 Coll., on consumer protection, as amended.
8.5 The Buyer takes on himself the danger of changing circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1 Privacy of the buyer as a natural person is provided by Act no. 101/2000 Coll., on Personal Data Protection, as amended.
9.2 Buyer agrees to the processing of their personal data: first and last name, address, identification number, tax identification number, email address, phone number, (hereinafter collectively referred to as "personal information").
9.3 Buyer agrees to the processing of personal data by the seller, for the purpose of realization of rights and obligations under the contract and for the purpose of maintaining user account. If the buyer does not choose another option, consents to the processing of personal data by the seller also for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data entirety according to this article is not a requirement that would in itself made it impossible to conclude a purchase contract.
9.4 Buyer acknowledges that he/she is obligated to state their personal data (for registration, in your user account when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller about the change in their personal data.
9.5 The processing of personal data of the buyer, the seller may appoint a third party as a processor. In addition to the persons transporting goods are not personal data, without the prior consent of the buyer, passed by the seller on to third parties.
9.6 Personal data shall be processed for an indefinite period of time. Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.
9.7 The buyer confirms that the personal information is accurate and that he was advised that it is voluntarily to provide personal information.
9.8 In the event that the buyer thought the seller or processor (Art. 9.5) performs the processing of his personal data that is inconsistent with the protection of private and personal life of the buyer or against the law, especially if the personal data are inaccurate with regard to the purpose of their processing, can:
9.8.1. ask the seller or processor for explanation
9.8.2. require the seller or the processor to rectify the situation.
9.9 If the buyer requests information regarding the processing of their personal data, the seller must deliver this information. The seller has the right to, in exchange for the provided information to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.
10. SENDING OF BUSINESS NOTIFICATIONS AND STORING COOKIES
10.1 Buyer agrees to receive information related to goods, services or operation of the seller to the buyer's email address and agree to receive commercial notifications by the seller to the buyer's email address.
10.2 Buyer agrees with saving so called Cookies on his computer. In the event that a purchase on the website can be made, and commitments of the seller from the contracts to fulfill, without storage of so called Cookies on the computer of the buyer, the buyer may revoke his consent under the previous sentence at any time.
11.1. The buyer can be sent messages to his email address.
12. FINAL PROVISIONS
12.1 If the relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
12.2 If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision comes a provision whose meaning comes closest to the invalid provision. The invalidity or unenforceability of one provision is without prejudice to the other provisions.
12.3 The purchase contract including terms and conditions is archived by the seller in electronic form and is not accessible.
12.4 Attachment of business conditions include a model form for withdrawal from the contract.
12.5 Contact details of the seller: Kubelíkova 2532; Kladno 272 01; CZ, firstname.lastname@example.org, +420 312 247 774.
In Kladno, on August 3th, 2016. CONTACT DATA >>>