TERMS OF TRADE
KittyCare s.r.o., with its registered office at Božičany No. 167, Postal Code 362 25, Identification Number: 19061960, registered in the Commercial Register maintained by the Regional Court in Pilsen, Section B, Insert 501, for the sale of goods through an on-line shop located at the Internet address kittycare.cz
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") of the trading company KittyCare s.r.o., with its registered office in Božičany no. 167, zip code 362 25, identification number: 19061960, registered in the commercial register maintained by the Regional Court in Pilsen, section B, insert 501 (hereinafter referred to as the "seller") are regulated in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll. ., the Civil Code (hereinafter referred to as the "Civil Code") mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural or legal person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on a website located at the internet address cistaprace.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").
1.2. Provisions deviating from these Terms and Conditions may be agreed in an individual purchase contract. Deviating provisions in such an individual purchase contract shall take precedence over the provisions of these Terms and Conditions.
1.3. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The purchase contract and terms and conditions are drawn up in the Czech language.
1.4. The wording of the Terms and Conditions may be changed or supplemented by the Seller. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the buyer's registration on the website, the buyer can access his user interface (hereinafter referred to as the "user account"). From his user account, the buyer can order goods, as well as manage previous orders, billing and delivery addresses, and update his personal data made available to the seller. If the web interface of the store currently allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data given in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by the buyer's e-mail address as a username, and then by a password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not authorized to allow the use of the user account by third parties.
2.5. The seller can cancel the user account, especially if the buyer does not use his user account for more than 5 years, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of the individual goods and the costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.
3.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:
3.4.1. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "buyer's e-mail address").
3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND TERMS OF PAYMENT
4.1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the following ways:
in cash at the seller's premises at the address Božičany no. 167;
in cash on delivery at the place specified by the buyer in the order;
by cashless transfer to the seller's account No. 19-5980190227/0100, maintained at Komerční banka, a.s. (hereinafter referred to as the "seller's account") on the basis of the corresponding proforma invoice, which will be sent to the buyer for this purpose to the electronic address provided by him.
cashless through GP webpay payment gateway
4.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 working days from the conclusion of the purchase contract.
4.4. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account. In case of payment by cashless payment, the goods will be sent to the buyer only after payment of the entire purchase price within the due date. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.
4.5. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.6. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller issues a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.
4.7. In the case of pro forma payment by invoice, the seller is obliged to issue a tax document - an invoice after receiving payment for the goods ordered by the buyer. Tax document - the seller will send the invoice to the buyer's email address.
4.8. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer in case of cash payments. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.
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5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. In the event that the buyer makes a purchase from the seller as a natural person - consumer (i.e. the purchase is made outside the scope of business activity and/or outside the scope of the independent performance of the buyer's profession within the meaning of Section 419 of the Civil Code), the option to withdraw from the concluded purchase applies contract between the seller and the buyer the following special rules:
a) The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that was modified according to the wishes of the buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as including goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in a closed package that the consumer has removed from the package and cannot be returned for hygienic reasons, and from a purchase contract for the supply of an audio or video recording or a computer program, if broke their original packaging.
b) If it is not a case mentioned in Article 5.1 letter a) of the terms and conditions or in another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, within fourteen (14) days of taking over the goods, while in the event , that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's place of business or the seller's e-mail address info@kittycare.cz.
c) In case of withdrawal from the purchase contract according to Article 5.1 letter b) terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
d) In case of withdrawal from the purchase contract according to Article 5.1 letter b) of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
e) In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of acceptance of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.
5.2. In general, the following common rules apply to withdrawing from a purchase contract concluded on the basis of these terms and conditions:
a) The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
b) If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the discontinuing condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged together with the goods to the seller return the given gift as well.
6. CARRIAGE AND DELIVERY OF GOODS
6.1. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
6.4. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
6.5. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and possibly also Sections 2161 to 2174 of the Civil Code).
7.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have the properties that the parties have agreed upon, and in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
7.2.3. the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
7.2.4. is the goods in the corresponding quantity, measure or weight and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions set out in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear and tear the goods had upon receipt by the buyer, or if it follows from the nature of the goods.
7.4. The buyer is obliged to notify the seller of any defects in the goods without undue delay after he was able to detect them during a timely inspection and with sufficient care. At the same time, obvious defects must be notified to the seller no later than six months after taking over the goods, hidden defects then no later than twenty-four months after taking over the goods.
7.5. If the buyer is not an entrepreneur and/or when concluding the purchase contract it is clear from the circumstances that the purchase does not (also) relate to his business activity, the following special rules apply to defect claims:
7.5.1. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.
7.5.2. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.
7.6. Rights from defective performance are exercised by the buyer at the seller's address, i.e.: KittyCare s.r.o., Božičany no. 167, ZIP Code 362 25. For communication regarding rights from defective performance, it is also possible to use the seller's e-mail address info@kittycare.cz.
7.7. Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods
8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
8.3. Complaints from buyers of natural persons - consumers are handled by the seller via the electronic address info@kittycare.cz. The seller will send information about handling the buyer's complaint to the buyer's email address.
8.4. Out-of-court settlement of consumer disputes arising from the purchase contract (i.e. in cases where the buyer is a natural person – consumer) is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https: //adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to the Regulation of the European Parliament and the Council (EU) No. 524/2013 of 21 . of May 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on the resolution of consumer disputes online).
8.5. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.6. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
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9. PROTECTION OF PERSONAL DATA (ONLY IN THE CASE OF BUYERS - NATURAL PERSONS)
9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended, and with effect from May 25, 2018, by the General Regulation on the Protection of Personal Data (GDPR).
9.2. The buyer agrees to the processing of the following personal data of the buyer (to the extent that the buyer communicates them to the seller via the web interface): first and last name, company, residential address, identification number, tax identification number, e-mail address and telephone number ( hereinafter together all as "personal data").
9.3. The buyer acknowledges that his personal data will be processed by the seller as an administrator, for the purpose of realizing the rights and obligations from the purchase contract, and also for the purpose of sending information about news, or sending commercial messages by all means with an offer of own similar products and services, including the use of the possibility to send commercial messages by electronic means due to the legal exception according to § 7 paragraph 3 of Act No. 480/2004 Coll. (hereinafter referred to as "newsletters"). In the event that the user establishes a user account within the web interface by registering, by this registration he grants consent to the use of personal data also for the purposes specified in paragraph 2.1.
9.4. The buyer acknowledges that he is obliged to provide his personal data correctly and truthfully.
9.5. The seller can entrust the processing of the buyer's personal data to a third party, as a processor, which will be in particular the administrator of the website and providers of processing computer programs, services and applications. Apart from such processors and persons transporting the goods, personal data will not be transferred by the seller to third parties without the prior consent of the buyer. Personal data will not be transferred outside the European Union, unless the relevant legal regulations allow it.
9.6. Personal data communicated by the buyer to the seller for the purpose of realizing the rights and obligations of the seller and the buyer arising from the purchase contract will be processed for the purpose of realizing the rights and obligations of the seller and the buyer arising from the purchase contract for the time necessary to fulfill such rights and obligations. Personal data communicated by the buyer to the seller will be processed for the purpose of sending newsletters for the duration of this legitimate interest of the seller, i.e. for an indefinite period, or until the submission of objections against direct marketing by the buyer, on the basis of which the processing for this purpose will be terminated. Personal data communicated by the buyer to the seller in connection with the user account will be processed for this purpose only during the existence of the given user account, while the buyer is entitled to request the seller to cancel his user account at any time. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The legal basis for the processing of the buyer's personal data is the concluded purchase contract and, in the case of sending newsletters, the administrator's legitimate interest.
9.7.9.8. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
9.8.9.9. In the event that the buyer believes that the seller or the processor (Article 9.5) is processing his personal data in violation of the protection of the buyer's private and personal life or in violation of the law, especially if the personal data is inaccurate with regard to for the purpose of their processing, may:
9.8.1.9.9.1. ask the seller or processor for an explanation,
9.8.2.9.9.2. require the seller or the processor to remove the condition thus created.
9.9.9.10. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to request a reasonable payment not exceeding the costs necessary to provide the information for the provision of information according to the previous sentence.
9.10.9.11. With the exception of the above, the buyer acknowledges that, according to the relevant legal regulations, he also has the right to supplement, delete or destroy data, as well as the right to limit processing and, from the effective date of the General Regulation on the Protection of Personal Data (May 25, 2018), also the right to portability data and the right to be forgotten. In connection with the processing of personal data, which is stated in these terms and conditions, the buyer will not be the subject of a decision based on automated processing that would have legal effects for him or significantly affect him.
9.11.9.12. In case of doubts about compliance with the obligations of the seller (as administrator), the buyer can contact the following contact person of the seller: name: Milan Petele, e-mail: petele@sedlecky-kaolin.cz phone +420 353 366 222. The buyer can submit objections, requests, complaints, exercise your rights or raise other questions to the seller (as administrator). The supervisory body is the Office for the Protection of Personal Data, to which the buyer can file a complaint.
10. DELIVERY
10.1. Notifications regarding the relationship between the seller and the buyer, in particular regarding withdrawal from the purchase contract, must be delivered by registered mail, unless otherwise stipulated in the purchase contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to have been delivered and effective upon delivery by post, except for notice of withdrawal by the Buyer, in which case the withdrawal shall be effective if the notice is sent by the Buyer within the withdrawal period.
10.2. Notices whose acceptance was refused by the addressee, which were not picked up within the storage period, or which were returned as undeliverable are also considered delivered.
10.3. The contracting parties can deliver regular correspondence to each other via e-mail, to the e-mail address specified in the buyer's user account or specified by the buyer in the order, or to the address listed on the seller's website.
11. FINAL PROVISIONS
11.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
11.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will 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 other provisions. Changes and additions to the purchase contract or terms and conditions require written form.
11.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
11.4. The annex to the terms and conditions consists of a model form for withdrawing from the purchase contract.
11.5. Contact details of the seller: address for delivery: Božičany no. 167, zip code 362 25, e-mail address: info@kittycare.cz, telephone: +420 353 366 222. Seller's contact details: delivery address, e-mail address, telephone. In Božičany on March 29, 2018
