Terms
The following information are valid only for end consumers. Cooperation with business partners is described in Business Terms and Conditions for entrepreneurs.
TERMS AND CONDITIONS
Petr Novotný with its registered address at Obvodová 9, 19000 Praha 9, identification number: 67901166
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions of Petr Novotný regulate the mutual rights and obligations of the contracting partners. The online shop is operated by the Seller on the website www.canipet.cz, through the website interface.
1.2. The Terms and Conditions do not apply if the person intending to purchase goods from the Seller is a juridical person or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.
1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Commercial Terms.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are written in the Czech language and English language. The Purchase Contract can be concluded in the Czech language or in English language.
1.5. The Seller may change or update the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity 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/her user account. From his/her user account, the Buyer can order goods ("the User Account"). If the web browser of the Shop allows it, the Buyer can also order goods without registration directly from the web browser of the Shop.
2.2. When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
2.4. The Buyer is not entitled to allow third parties to use the user account.
2.5. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 1 year or if the Buyer violates his/her obligations under the Purchase Agreement (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 the necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of the goods placed in the web interface of the shop is of an informative character and the Seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) shall not apply.
3.2. The web interface of the shop shall contain information about the goods, including the prices of the individual goods and the cost of returning the goods if the goods cannot, by their nature, be returned by normal postal means. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
3.3. The web interface of the shop also contains information about the costs associated with packaging and delivery of goods, and the method and time of delivery. The information on the costs associated with packaging and delivery of the goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic. In the case where the Seller offers free delivery of the goods, the right to free delivery of the goods on the part of the Buyer is conditional upon payment of the minimum total purchase price of the goods to be delivered in the amount specified in the web interface of the shop. In the case of a partial withdrawal from the purchase contract by the Buyer and the total purchase price of the goods for which the Buyer has not withdrawn from the contract does not reach the minimum amount required for the right to free transport of the goods under the previous sentence, the Buyer's right to free transport of the goods shall cease and the Buyer shall be obliged to pay for the transport of the goods to the Seller.
3.4. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:
3.4.1. the ordered goods (ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. The method of payment of the purchase price of the goods, details of 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 input data that the Buyer has entered into the order, including with regard to the Buyer's ability to detect and correct errors arising when entering data into the order. The Buyer sends the order to the Seller by clicking on the "Buy for" button. The data provided in the order is considered to be accurate by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order ("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 order confirmation (for example, in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer is established by delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
3.8. The costs incurred by the Buyer in the use of distant methods of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) are covered by the Buyer himself and do not vary from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
by bank transfer to the Seller's account, sent by the Seller to the Buyer by e-mail after confirmation of the order, registered with Petr Novotný ("Seller's account");
cashless by credit card;
4.2. In addition to 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 shall also include the costs associated with the delivery of the goods.
4.3. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash and on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 14 days of the conclusion of the purchase contract.
4.5. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. 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.
4.6. The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.6), to demand payment of the full purchase price before the goods are sent to the Buyer. Section 2119 (1) shall not apply.
4.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.
4.8. The Seller is a VAT taxpayer. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that it is not possible to withdraw from a contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person as well as goods that have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons.
5.2. Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where the purchase contract cannot be withdrawn from, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. The Buyer may send the withdrawal from the Purchase Contract, among other things, to the Seller's e-mail address info@canipet.cz.
5.3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route.
5.4. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within thirty (30) days of the Buyer's withdrawal from the Purchase Agreement. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the received funds to the Buyer before the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller.
5.5. In case of return of goods as part of the withdrawal from the purchase contract, the goods must be in the same condition in which they were delivered to the buyer: the goods do not show signs of use, the goods in the original packaging, the goods with undamaged original labels and tags from the manufacturer.
5.6. The seller is entitled to make a price claim for damages to the returned goods against the buyer's claim for a refund of the purchase price.
5.7. In cases where the Buyer has the right to withdraw from the Purchase Contract, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer accepts the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.
5.8. If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract regarding such gift is cancelled and the buyer is obliged to return the gift together with the goods to the seller.
6. DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant legal regulations (Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992).
6.2. If the object of the purchase is a physical object which is connected to digital content or a digital content service in such a way that it would not be able to perform its functions without them (hereinafter referred to as a 'digital object'), the provisions regarding the seller's liability for defects also apply to the provision of the digital content or digital content service, even if it is provided by a third party. This does not apply if it is clear from the content of the contract of sale and the nature of the item that they are provided separately.
6.3. The Seller is responsible to the Buyer that the item is free from defects at the time of delivery. In particular, the Seller shall be obliged to the Buyer that the item:
6.3.1. matches the agreed description, type and quantity, as well as quality, functionality, compatibility and other agreed characteristics;
6.3.2. fits for the purpose for which the buyer requires it and to which the seller has agreed;
6.3.3. is supplied with the agreed accessories and instructions for use, including assembly or installation instructions
6.4. The Seller shall be liable to the Buyer that in addition to the agreed characteristics:
6.4.1. the item is suitable for the purpose for which the item is normally used, including with regard to the rights of third parties, legislation, technical standards or codes of conduct of the industry, if there are no technical standards,
6.4.2. the item corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of items of the same kind that the buyer can reasonably expect, even taking into account public statements made by the seller or another person in the same contractual chain, in particular by advertising or labelling, unless the seller proves that he was not aware of it or that it was modified at the time of the conclusion of the contract of sale in a manner at least comparable to that in which it was made or that it could not have influenced the decision to purchase,
6.4.3. the item is supplied with such accessories, including packaging, assembly instructions and other instructions for use, as the buyer may reasonably expect;
6.4.4. the item corresponds in quality or workmanship to the sample or sample provided by the seller to the buyer before the conclusion of the purchase contract.
6.5. The provisions of Article 7.4 of the Terms and Conditions shall not apply if the Seller has specifically notified the Buyer prior to the conclusion of the Purchase Contract that a certain property of the item differs and the Buyer has expressly agreed to this when concluding the Purchase Contract.
6.6. If the defect appears within one year from the date of acceptance, it shall be deemed that the item was already defective upon acceptance, unless the nature of the item or the defect precludes it. This period does not run for the time during which the buyer cannot use the item, if he has rightly pointed out the defect.
6.7. If the item has a defect, the buyer may require its removal. He may, at his option, require the delivery of a new item without the defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value the item would have had without the defect and whether the defect can be removed by the other method without considerable difficulty for the buyer. The seller may refuse to remedy the defect if it is impossible or disproportionately costly to do so, having regard in particular to the significance of the defect and the value which the thing would have had without the defect.
6.8. The Seller shall remedy the defect within a reasonable time after it has been pointed out so as not to cause the Buyer significant inconvenience. In doing so, the nature of the item and the purpose for which the buyer purchased the item shall be taken into account. The seller shall take over the item at his own expense to remove the defect.
6.9. The buyer may demand a reasonable discount or withdraw from the purchase contract if:
6.9.1. the Seller has refused to remove the defect or has not removed it in accordance with Article 7.13 of the Terms and Conditions,
6.9.2. the defect manifests itself repeatedly,
6.9.3. the defect is a major breach of the purchase contract,
6.9.4. it is evident from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.
6.10. If the defect of the item is insignificant, the buyer cannot withdraw from the purchase contract (within the meaning of Article 7.14 of the Terms and Conditions); it is deemed that the defect of the item is not insignificant. If the Buyer withdraws from the Purchase Contract, the Seller shall refund the Purchase Price to the Buyer without undue delay after the Buyer has received the item or the Buyer proves to the Seller that he has shipped the item.
6.11. The defect can be claimed against the seller from whom the item was purchased. If, however, another person who is in the place of the seller or in a place closer to the buyer is designated to carry out the repair, the buyer shall reproach the defect to the person who is intended to repair it.
6.12. Except in cases where another person is designated to carry out the repair, the Seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible with regard to the range of products sold or services provided, or even at its registered office. The Seller is obliged to issue a written confirmation to the Buyer when the Buyer submits the claim, stating the date on which the Buyer submitted the claim, what is its content, what method of claim settlement the Buyer requires and the Buyer's contact details for the purpose of providing information on claim settlement. This obligation also applies to other persons designated to carry out the repair.
6.13. The complaint, including the removal of the defect, must be settled and the buyer must be informed of this within thirty (30) days of the date of the complaint, unless the seller and the buyer agree on a longer period. If the subject of the commitment is the provision of digital content, including digital content delivered on a tangible medium, or a digital content service, the complaint must be settled within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the buyer requested it.
6.14. After the expiry of the time limit according to Article 7.18 of the Terms and Conditions, the Purchaser may withdraw from the Purchase Contract or demand a reasonable discount.
6.15. The Seller is obliged to issue the Buyer with a confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the repair, or written justification for the rejection of the claim. This obligation also applies to other persons designated to carry out the repair.
6.16. The buyer can specifically exercise his/her rights under the liability for defects in goods by e-mail at info@canipet.cz.
6.17. Whoever has a right from defective performance is also entitled to compensation for costs reasonably incurred in exercising this right. However, if the buyer fails to assert the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the seller argues that the right to compensation was not asserted in time.
6.18. Other rights and obligations of the parties related to the Seller's responsibility for defects may be regulated by the Seller's Complaints Regulations.
6.19. The seller or another person may also provide the buyer with a quality guarantee in addition to his legal rights from defective performance.
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACT PARTNERS
7.1. The buyer takes ownership of the goods by paying the full purchase price of the goods.
7.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820(1)(n) of the Civil Code.
7.3. Consumer complaints are handled by the seller via e-mail. Complaints can be sent to the Seller's electronic address. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address. No other rules for handling complaints are set by the Seller.
7.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from purchase contracts. 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 under the purchase contract.
7.5. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
7.6. The buyer may complain to the supervisory authority or the state supervisory authority. The Seller is entitled to sell goods on the basis of a trade licence. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with the Civil Code and Act No 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
7.7. The purchaser accepts the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
8. PERSONAL DATA PROTECTION
8.1. The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations on the Purchase Contract and for the purposes of the performance of the Seller's public law obligations by means of a separate document.
9. COMMERCIAL COMMUNICATIONS AND STORING COOKIES
9.1. The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
9.2. The Seller fulfils its legal obligations relating to the possible storage of cookies on the Buyer's device by means of a separate document.
10. DELIVERY OF INFORMATION MESSAGES
10.1. The Buyer may be notified at the Buyer's electronic address.
11. FINAL REGULATIONS
11.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
11.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
11.3. The contract of sale including the terms and conditions is archived by the seller in electronic form and is not accessible.
11.4. A sample form for withdrawal from the purchase contract is attached to the terms and conditions.
11.5. Contact details of the Seller: registered office address Obvodová 9, 19000 Praha 9, billing address Obvodová 9, 19000 Praha 9, wholesale warehouse address Ve žlíbku 1800/77, 193 00 Praha 9, e-mail address info@canipet.cz, telephone +420 777 324 428.
In Prague on 5.1.2023
Withdrawal from the purchase contract
Addressee (seller): Petr Novotný - Canipet.cz, identification number: 67901166, with registered office at Obvodová 9, 19000 Prague 9
Buyer withdrawing from the contract:
Name: ..........................................................................................................................................
Address: .........................................................................................................................................
Phone: ...........................................................
E-mail: ................................................................
I, as the buyer, give notice that I withdraw from the contract for the purchase of goods (description and reason, if required by the Civil Code): ……………………………………………………………………………………………...…
Order number (on delivery list/ invoice): .................................
Date of order: ……………………....
Date of delivery: ………………………...
The purchase price will be refunded by wire transfer to bank account number: ........................................... /........................
If you wish to resolve your complaint in another way, please indicate how: ……………………………………………………………………………………………...……………………………………………...……………………………………
In city of ………………………. Date .............................
Signature of the resigning: ........................................................
RULES FOR WITHDRAWING FROM THE PURCHASE CONTRACT AND RETURNING/COMPLAINING ABOUT THE GOODS
1. The buyer sends the goods for return/exchange/recommendation by post or other transport company to Petr Novotný, Ve žlíbku 1800/77, 193 00 Prague 9, Big Box complex, hall B2.
2. The buyer is obliged to secure the returned goods thoroughly so that they are not damaged during transport.
3. The package must contain:
– Returned goods (including complete accessories);
– A completed withdrawal form or a copy of the purchase receipt or a packing slip with the purchase receipt number so that the purchase can be traced in the seller's system;
– A detailed description of the defect and sufficient contact details of the buyer (in particular contact details and, if applicable, an account number for the refund of the goods);
– information on how the buyer wishes to resolve the withdrawal/return/complaint: refund of the purchase price or exchange/replacement of the goods.
Without the above, it is impossible to diagnose the defect of the goods.
ADDITIONAL INFORMATION FOR HANDLING A CLAIM
1. The Seller shall give the Buyer a written confirmation of when the claim was received, what is its content, what method of handling the claim is required, by email immediately after receipt of the claim; as well as confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the claim, or the reasons for rejecting the claim.
2. The buyer is entitled to compensation for the necessary costs (in particular the postage costs paid by the buyer when sending the claimed goods) incurred in connection with the exercise of the legitimate rights under liability for defects and which were actually and reasonably incurred. In the event of withdrawal from the contract due to a defect in the goods, the consumer is also entitled to reimbursement of the costs associated with such withdrawal.
3. The duration of the claim is calculated from the day following the claim until the day of the claim settlement, until the time when the buyer was obliged to take over the item. After the claim has been settled, the Seller shall notify the Buyer of the termination of the claim either by telephone, SMS or e-mail.
4. The warranty does not cover defects caused by poor operation, unprofessional or improper handling and damage caused (if such activity is not normal and is not prohibited in the enclosed instructions for use):
- mechanical damage to the goods;
- using the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical influences of the environment directly intended by the seller or the manufacturer;
- improper handling, handling, operation or neglect of the goods;
- damage by excessive loading or use contrary to the nature of the goods;
- by performing unqualified intervention or changing parameters;
- modification by the customer (sewing, bending, etc.), if the defect was caused by this modification;
- damage from the elements or force majeure.
5. The warranty does not cover wear and tear caused by normal use and is not to be confused with the life of the product. The life of the goods is the susceptibility to wear and tear caused by normal use. If you use (not own) the goods for longer than their normal life, it is likely that the defect is due to normal wear and tear, but it is not impossible that it is actually a warranty defect. The Seller shall always state in the justification for any rejection of the claim whether the defect is due to normal wear and tear.
6. Damage to the protective seal, information sticker or serial number puts the buyer at risk of rejection of the claim, unless the damage occurs during normal use. Seals and serial numbers are an integral part of the product and in no way limit the rights of the purchaser to use and handle the goods to the full extent of their intended use.
7. Goods submitted for complaint will be tested only for the defect indicated by the buyer (in the complaint form, in the attached defect description sheet). We recommend a written form to indicate the defect.
8. The Seller has the right to refuse to accept the goods for claim in cases where the claimed goods and/or their components are contaminated or do not meet the basic prerequisites for hygienically safe submission of the goods for claim, unless the contamination is normal.
In Prague on 5.1.2023