General Terms and Conditions
- These General Terms and Conditions (hereinafter referred to as "the Business Terms ") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the " Civil Code ")
- RaJen Pets s.r.o.
- Company ID: 29456410
- Tax ID: CZ29456410
- with its registered office: Bezručova 363, Bohumín - Záblatí, 735 52
- registered at the Regional Court in Ostrava, Section C, File 54817
- Contact information:
- Email: email@example.com
- Phone: +420 602 326 235
- www: www.rajenpets.cz
(hereinafter referred to as the " Seller ")
- These terms and conditions govern the mutual rights and obligations of the seller and the natural person who concludes the sales contract outside his or her business as a consumer or in the course of their business activities (hereinafter referred to as the " buyer ") through the web interface located on the website available at www .rajenpets.cz (hereinafter referred to as the " internet shop ").
- Business terms and conditions are an integral part of the sales contract. Distinctive arrangements in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.
- These Terms of Business and the Purchase Agreement are concluded in the Czech language.
Information about goods and prices
- Information on the goods, including the prices of individual goods and their main features, are given for individual goods in the online store catalog. Goods prices are quoted including value added tax, all related fees, and the cost of returning the goods if they can not by their nature be returned by normal mail. Product prices remain in effect for as long as they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually negotiated terms.
- All presentations of the goods placed in the internet shop catalog are informative and the seller is not obliged to conclude a purchase contract for these goods.
- Information on the costs associated with packing and delivery of goods in the section Transport and Payment is published in the online store.
- Any discounts on the purchase price of the goods can not be combined, unless the seller and the buyer otherwise agree.
Order and conclusion of the purchase contract
- Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself. These costs do not differ from the basic rate.
- The buyer performs the ordering of goods in the following ways:
- through his customer account, if he has previously registered in the online store,
- by filling in the order form without registration.
- When placing an order, the buyer selects the goods, the number of items, the way of payment and delivery.
- Before sending an order, the buyer is allowed to check and modify the data he has placed in the order. The order is sent by the buyer to the seller by clicking the Order button. The data listed in the order they are deemed correct by the seller. The condition of the validity of the order is the filling in of all required data in the order form and confirmation by the buyer that he has become acquainted with these terms and conditions.
- Immediately upon receipt of the order, the seller will send the buyer an acknowledgment of receipt of the order to the email address the buyer entered upon ordering. This acknowledgment is automatic and is not considered to be a contract. Attachment of the confirmation is the current business conditions of the seller. The purchase contract is closed only after the order has been received by the seller. Notice of receipt of the order is delivered to the buyer's email address.
- In the event that one of the requirements specified in the order can not be fulfilled by the seller, the buyer will send a modified offer to his / her email address. The amended offer is considered as a new draft Purchase Agreement and the Purchase Agreement is in this case concluded by the Buyer's confirmation of acceptance of this offer to the Seller at its email address specified in these Terms and Conditions.
- All orders received by the seller are binding. The buyer may cancel the order until the buyer receives a notice of acceptance of the order by the seller. The buyer may cancel the order by phone on the Seller's phone number or email specified in these terms and conditions.
- In the event of an obvious technical error on the part of the seller when the price of the goods is placed in the online store or during the ordering, the seller is not obliged to deliver the goods to the buyer at such a manifestly erroneous price, even if the buyer has received an automatic receipt of the order according to these terms and conditions. The seller will inform the buyer of the error without undue delay and will send the buyer a modified offer to his / her email address. The revised bid is considered a new draft Purchase Agreement, and the Purchase Agreement is then entered into with a Buyer Acceptance Receipt at Seller's Email Address.
- Based on buyer registration made in the online store, buyers can access their customer account. From your customer account, buyers can order goods. Buyer can also order goods without registration.
- When registering to a customer account and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by the buyer in the customer account and the ordering of the goods are considered correct by the seller.
- Access to the customer account is secured by username and password. Buyer is required to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not authorized to allow the use of the customer account to third parties.
- The seller may cancel the user account, especially if the buyer does not use his user account any longer, or if the buyer violates his obligations under the purchase agreement and these terms and conditions.
- The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the seller, necessary maintenance of hardware and software of third parties.
Payment terms and delivery of goods
- The buyer may pay the price of the goods and any costs associated with the delivery of the goods in accordance with the purchase contract in the following ways:
- by wire transfer to the bank account of the seller No. 107-3721640247 / 0100, kept at Komerční banka Ostrava,
- cashless payment card,
- cashless transfer to the seller's account through the GoPay payment gateway,
- cash on delivery of goods,
- in cash or by credit card upon personal collection at the premises
- Together with the purchase price, the buyer is required to pay the seller the cost of packing and delivering the goods at the agreed rate. Except as otherwise expressly provided herein, the purchase price and the costs associated with the delivery of goods are further understood.
- In the case of cash payments, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 14 days of the purchase contract being concluded.
- In the case of payment via a payment gateway, the buyer proceeds according to the instructions of the respective electronic payment provider.
- 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 bank account.
- The seller does not require the buyer any advance or other similar payment in advance. Payment of the purchase price before shipment of goods is not a pre-payment.
- Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time it is obliged to register the received revenue with the tax administrator online, in case of a technical outage, at the latest in 48 hours
- The goods are delivered to the buyer:
- to the address specified by the buyer of the order
- personal collection at the seller's premises
- The delivery method is chosen during the ordering of the goods.
- Costs of delivery of goods, depending on the way of dispatch and receipt of the goods, are stated in the buyer's order and in the order confirmation by the seller. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.
- If the seller is obliged to deliver the goods in the place specified by the buyer in the order, the purchaser is obliged to take over the goods upon delivery. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
- Upon receipt of the goods from the transporter, the buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the package indicating unauthorized entry into the consignment, Buyer does not need to take over the consignment from the carrier.
- The seller issues a tax invoice to the buyer - an invoice. The tax document is sent to the buyer's email address.
- The buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but first by taking over the goods. Responsibility for the accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or when the buyer is obliged to take over the goods but does not do so in contravention of the purchase contract.
Withdrawal from the contract
- A buyer who has concluded a sales contract outside his or her business as a consumer has the right to withdraw from the sales contract.
- The withdrawal period is 14 days
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of the goods if the subject of the contract is several types of goods or the delivery of several parts
- from the date of receipt of the first supply of goods, if the subject of the contract is a regular repeated delivery of the goods.
- The buyer can not, inter alia, withdraw from the sales contract:
- the provision of services if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the seller has informed the buyer, before concluding the contract, that in this case he has no right to withdraw from the contract,
- the supply of goods or services the price of which depends on financial market disparities, irrespective of the will of the seller and which may occur during the withdrawal period,
- the supply of alcoholic beverages which can only be delivered after thirty days and whose price depends on financial market displacements independent of the seller's will,
- on the supply of goods which has been adjusted according to the buyer's wish or for him,
- the supply of perishable goods and goods which have been irreversibly mixed with other goods after delivery,
- the supply of goods in closed packaging which the buyer has removed from the packaging and can not be returned for hygienic reasons,
- delivery of a sound or image recording or a computer program if it has broken its original packaging,
- delivery of newspapers, periodicals or magazines,
- delivery of digital content if it was not delivered on a physical carrier and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer that, in such a case, he has no right to withdraw from the contract,
- in other cases referred to in Section 1837 of the Civil Code.
- In order to comply with the withdrawal period, the buyer must send a cancellation notice within the withdrawal period.
- In order to withdraw from the sales contract, the buyer may use the sample withdrawal form provided by the seller. The buyer resigns from the sales contract to the seller's email address or mailing address specified in these terms and conditions. The seller will acknowledge receipt of the form without delay.
- The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by their normal postal route.
- If the buyer withdraws from the contract, the seller shall return the funds immediately, but not later than within 14 days of withdrawal, in the same way, including all delivery costs received by him. The Seller shall return the received money to the buyer in a different way only if the buyer agrees and does not incur any additional costs.
- If the buyer opts for a non-cheapest way of delivering the goods offered by the seller, the seller will pay the buyer the cost of delivering the goods corresponding to the cheapest way of delivering the goods.
- If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer delivers the goods or shows that the goods have been dispatched to the seller.
- Goods must return the buyer to the seller undamaged, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to indemnify the Seller against the buyer's claim for repayment of the purchase price.
- The seller is entitled to withdraw from the purchase contract due to the out-of-stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or importation of the goods. Seller shall promptly inform the Buyer via the email address specified in the order and return within 14 days of the notice of withdrawal of the purchase contract all funds, including delivery costs, received by him under the Contract, in the same manner or in the manner specified by the Purchaser.
Rights from defective performance
- The seller is responsible to the buyer for the goods to have no defects. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
- the goods have properties that the parties have negotiated and, in the absence of an arrangement, have properties that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
- the goods fit the purpose for which the seller indicates or to which the goods of this type are usually used,
- the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
- the goods are in the appropriate quantity, degree or weight and
- the goods comply with legal requirements.
- If a defect occurs within six months of receipt of the goods by the buyer, the goods are deemed to have been defective already at the time of takeover. The buyer is entitled to claim the right to a defect that occurs with consumer goods within twenty-four months of the takeover. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for wear and tear of the goods caused by its normal use, for the used goods for a defect corresponding to the degree of wear or tear used by the goods upon takeover by the buyer from the nature of the goods.
- In the event of a defect, the buyer may submit a claim to the vendor requesting:
- replacement for new goods,
- repair of goods,
- a reasonable discount on the purchase price,
- withdraw from the contract.
- Buyer has the right to withdraw from the contract,
- if the goods have a material defect,
- if he can not properly use the thing for repeated defects or defects after repair,
- with a greater number of defects in merchandise.
- The seller is obliged to accept a complaint at any establishment where the claim is accepted, possibly even at the registered office or place of business. Seller is required to provide the buyer with a written confirmation of when the buyer has exercised the right, what is the content of the claim and how the claim is processed by the buyer, as well as a confirmation of the date and manner of processing the claim, including the confirmation of the repair and its duration, rejection of the complaint.
- The seller or his authorized representative decides on the claim immediately, in complex cases within three business days. This period does not include a period of time appropriate to the type of product or service needed to expertly assess the defect. Claims, including the removal of a defect, must be settled without delay, no later than 30 days after the date of claim submission, unless the seller and the buyer agree for a longer period. The expiry of this period is considered as a material breach of the contract and the buyer has the right to withdraw from the sales contract. The moment when the claim is made is the moment when the Buyer's Will (application of the right to defective performance) occurs to the Seller.
- The seller shall inform the buyer in writing of the outcome of the claim.
- The right of defective performance of the buyer does not belong if the buyer knew before the takeover of the thing that the thing had a defect or if the buyer caused the defect himself.
- In the event of a legitimate claim, the buyer has the right to reimbursement of the expense actually incurred in connection with the claim. This right may be claimed by Buyer at the Seller within one month after the expiration of the warranty period.
- The buyer has a choice of complaint.
- The rights and obligations of the Contracting Parties regarding the rights to defective performance are governed by Sections 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and by Law No. 634/1992 Coll., On Consumer Protection.
- Other rights and obligations of the parties related to the seller's liability for defects are governed by the seller's claim rules.
- The Contracting Parties may deliver all correspondence in writing via e-mail.
- Buyers deliver the correspondence to the seller at the email address given in these terms and conditions. The seller delivers the correspondence to the buyer at the email address listed in his customer account or in the order.
Out-of-court dispute resolution
- The Czech Commercial Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes under the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
- European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution on - line).
- The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant trade licensing office. The Czech Trade Inspection exercises, among other things, the supervision of the observance of the Consumer Protection Act No. 634/1992 Coll.
- All arrangements between the seller and buyer with the legal order of the Czech Republic. If the relationship established by the Purchase Agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights under generally binding legal regulations.
- The Seller is not bound by any Code of Conduct in relation to the Purchaser within the meaning of Section 1826 (1) e) of the Civil Code.
- All rights to the Seller's website, in particular copyrights to the content, including layout of the site, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the Seller's consent.
- The Seller is not responsible for any errors resulting from third-party interference with the Internet Store or as a result of its use contrary to its intended use. Buyers may not use procedures that may adversely affect their operation and may not engage in any activity that may allow them or third parties to tamper with or use the software or other components of the Internet shop and use the Internet shop or its parts or software equipment in a way that is inconsistent with its purpose or purpose.
- The buyer hereby takes on the risk of changing the circumstances within the meaning of Section 1765 (2) of the Civil Code.
- The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The seller may change or supplement the terms of the business terms. This provision is without prejudice to rights and obligations arising during the period of validity of the previous terms of business terms.
- Attachment to the Business Terms and Conditions is a template for withdrawal.
These Terms and Conditions are effective from 26.11.2018. Only the Czech version of these Terms and Conditions is binding; this is only a translation.