Términos y condiciones
according to Paragraph 1751 an. Act No. 89/2012 Coll., the Civil Code (hereinafter “the Civil Code”)
issued private entrepreneur Jan Grác,ID: 63703408, TAX ID: CZ5908191685, with domicile Kopaniny 3381/6, 750 02 Přerov, business under the Trade Act, entry in the Trade Register reg. no., 380802-10433, registration day 1.8.1995, in the City of Přerov, under trademark PET HARDWARE.
I. Basic terms and definitions
- These general terms and conditions (hereinafter “terms and conditions“) regulate the mutual rights and obligations of the Seller and the Buyer arising from or under a contract for the sale and purchase of goods through the online store.
- The provisions of the conditions are an integral part of the purchase contract. The different arrangements in the contract of sale shall prevail over the terms and conditions.
- Online store PET HARDWARE (hereinafter “online store“) is a web interface located on the web site available at www.pethardware.com.
- The Seller is private entrepreneur Jan Grác, ID: 63703408, TAX ID: CZ5908191685, with domicile at Kopaniny 3381/6, 750 02 Přerov, business under the Trade Act, entry in the Trade Register reg. no. 380802-10433, day of registration 1.8.1995, in the City of Přerov, under trademarkPET HARDWARE, in particular the sale of saddlery accessories and other similar goods (hereinafter “goods”). The seller is also the operator of an online store. The contact email is:email@example.com, contact tel. is: +420 581 703 902.
- The buyer enjoys the full rights of a natural person or legal entity that enters into a contract with the seller.
- The buyer - consumer the enjoyment of full rights means a natural person who enters into a contract with a seller for private, non-business purposes.
II. Order, closing of purchase contract
- All presentations of goods placed in the online store are for guidance only and the seller is not obliged to conclude a purchase contract regarding this product. The provisions of Paragraph 1732, Sec. 2 of the Civil Code does not apply.
- The online store contains information about goods, including listing the prices of individual goods. The prices of goods are listed including a fee for delivery within the parity Incoterms EXW Prerov, but without VAT (VAT will be added always under the applicable VAT rate) and also at no additional charge (e.g. different parity Incoterms - esp. DAP, as well as customs, customs clearance and VAT in the country of destination under applicable pr. norms, etc.) The prices of goods remain in force as long as they are displayed in the online store. This provision does not restrict the Seller from concluding a purchase agreement on individually negotiated terms.
- The online store also includes information about the transportation of goods, and on all the countries mentioned in the online store. Information on other costs linked to transport like particular custom duties given the diversity of prices in other States is willingly given by the Seller upon request.
- The seller must perform the ordering of goodsin the following ways:
- signing up at the online store and a completed order form in the online shop, or
- through e-mail communication with the Seller by sending an order to the email address of the Seller: firstname.lastname@example.org.
- telephone, fax at tel. no. 581 703 902.
- Each order includes the following information:
- the exact name of the goods ordered and the product code,
- amount of goods (particularly ks, kg, m),
- cost of goods delivery,
- chosen method of payment of the purchase price for the goods and details of the desired method of delivery for the ordered goods,
- Buyer contact information (name, billing address, mailing address, telephone number, e-mail address).
- Before sending the order the Buyer can check and modify data included in the order. The Buyer sends the order to the Seller by clicking on 'Submit Order'. The data specified in the order are deemed to be correct by the Seller.
- Sending the order is considered such an act by the Buyer, who in an unequivocal manner identifies the ordered goods, the purchase price, the Buyer as person, the method of payment for the purchase price, and is a mutually binding purchase contract proposal. The condition of the order is to fill all the mandatory data in the order form, become familiar with these terms and conditions on the website and for the Buyer to confirm that they agree with these terms and conditions.
- Immediately upon receipt of the order the Seller will send an automatic email to the Buyer on receipt of the order to the email address of the Buyer. Within 24 hours after such an automatic email sent to the Buyer, the Seller will send an order confirmation to the Buyer's e-mail address. The confirmation is considered to be a contract.
- The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated costs), to ask the Buyer for an additional confirmation of the order (such as through writing or by telephone).
- In the event that any of the requirements specified in the order cannot be met by the Seller, they shall send to the email address of the Buyer a report on the impossibility of delivering such goods, which means no confirmation of the original order. The Buyer has the option to order other products in the online store.
- All orders received by the Seller are binding. The Buyer may cancel an order as yet unconfirmed by the Seller by telephone at the contact number of the Seller or the Seller's contact email address. A later cancellation of an order is possible only after agreement with the Seller. If there is a cancellation of the ordered goods, in respect of which the contract cannot be cancelled, the Seller is entitled to compensation for costs already in connection with the contract incurred, in the amount of the reimbursement of the costs for delivering the goods, which the Seller incurred in transport to the Buyer and transport from the Buyer to the Seller.
- The purchase contract between the Buyer and Seller is closed:
- confirmation of order sent by the Seller to the Buyer's e-mail address,
- payment of the purchase price, whichever is earlier than the reality according to item a).
- In the event of an obvious technical error on the part of the Seller when listing the price of goods in the online store or over-ordering, the Seller is not obliged to deliver goods to the Buyer, for this obviously incorrect price or if the Buyer has been sent a confirmation of the order receipt under these terms and conditions. The Buyer shall notify the Seller, on whether the price of the goods listed in the online store or during ordering is not active. If the Buyer disagrees with the price increase, the Seller reserves the right to withdraw from the contract.
- The Buyer agrees to the use of distance communication means in concluding the purchase contract. The costs incurred by the Buyer using the means of distance communication in connection with the conclusion of the purchase contract (the cost of internet access, telephone costs) are paid by the Buyer, these costs not varying from the basic rate.
III. User account
- Based on the registration by the Buyer in the online store the Buyer can access their user account. The Buyer can order goods from their user account.
- Upon signing up for a user account and when ordering goods, the Buyer is obliged to state all information correctly and truthfully. Upon any amendments the Buyer is required to update the data referred to in the user account. The data referred to by the Buyer in the user account and when ordering goods are deemed to be correct by the Seller.
- Access to the user account is secured by user name and password. The Buyer is obliged to maintain confidentiality in respect of information necessary to access a user account. The Seller is not responsible for any misuse of the user account by third parties.
- The Buyer is not entitled to allow the use of the user account to third parties.
- The Seller may cancel the Buyer’s account, especially in cases where the Buyer is no longer using their user account, or if the Buyer breaches their obligations under the purchase contract (including terms and conditions).
- The Buyer acknowledges that the user account may not be available continuously, particularly with regard to the necessary maintenance of the Seller’s hardware and software, or the necessary maintenance of the hardware and software of third parties.
IV. Product price, terms of payment and delivery of goods
- The price of the goods and any costs associated with the delivery of goods under the purchase contract may be paid by the Buyer in the following ways to the Seller:
- bank transfer to the Seller's bank account no. 0278102933/0300, with ČSOB a.s - for payment in CZK and IBAN: CZ92 2060 0000 0000 0101 8683, BIC/SWIFT: CITFCZPPXXX - for payment in EUR and USD (hereinafter “Seller account”),
- bank transfer to the Seller's account through payment gateway,
- when paying cash on delivery,
- in cash upon personal pick-up on the premises of the Seller mentioned on www.pethardware.com.
- Payment for the goods is possible in Czech Crowns (CZK), with foreign orders in other currencies (the currencies option is specified in the order form).
- In the event of additional payment by the Buyer in connection with the above-mentioned payment methods, the prices of goods are listed in the online store, in the order and will also be listed in the order confirmation. The guidelines for cashless payments will be communicated to the Buyer in the order confirmation.
- Together with the purchase price, the Buyer is obliged to pay the cost associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of goods.
- The Seller is entitled, in justified cases, particularly if the Buyer does not receive an additional confirmation of the order, or for orders with a total cost of over CZK 50,000, to require the payment of the full purchase price before sending the goods to the Buyer. The provisions of Paragraph 2119, Sec. 1 of the Civil Code do not apply
- In the case of payment in cash the purchase price is payable upon delivery. In the case of a cashless payment, the purchase price is payable within 14 days of closing the purchase contract.
- In the case of a cashless payment, the Buyer's obligation is to pay the purchase price in the appropriate amount to the Seller's bank account.
- Regarding goods in stock, in the case of payment on delivery the Seller usually ships them within 2 business days of the order acceptance. When paying by bank transfer the Seller usually ships the goods in stock within 2 working days of receiving the appropriate amount to the bank account, unless agreed otherwise.
- The Seller ships goods that are not in stock as soon as possible. The Buyer is informed of the exact date in advance.
- The delivery methods for the goods are the following:
- to the mailing address specified in the Buyer’s order,
- personal pick-up on the premises of the Seller mentioned on www.pethardware.com.
- The costs to deliver the goods according to the means of dispatch and receipt of goods are listed in the online store, will be listed in the order of the Buyer and the order confirmation by the Seller.
- If the mode of transport is negotiated on the basis of a special request by the Buyer, the Buyer bears the risk and additional costs associated with this mode of transport.
- 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 shall accept the goods on delivery.
- When taking the goods from the carrier, the Buyer is obliged to check the integrity of the package, and in the case of any defects immediately notify the carrier. In case of a violation of the package indicative of intrusion into the consignment the Buyer shall not take over the consignment from the carrier.
- In the event that the reasons for which the Buyer must be delivered the goods repeatedly or in any other way than stated in the order, the Buyer shall pay the costs associated with the repeated delivery of goods, or costs associated with other means of delivery.
- Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined, unless the Seller expressly states otherwise.
- If it is customary in trade relations or if so stipulated by generally binding legal regulations in respect of payments made under the purchase contract the Seller issues a tax document to the Buyer – an invoice. The Seller is a payer of value added tax. The tax document – invoice is issued to the Buyer upon the payment of the price of goods and electronically sends it along with the purchase contract and these terms and conditions to the email address of the Buyer, or simultaneously with the goods.
- In the event the Buyer fails to take over the goods and withdraws from the purchase contract in accordance with these terms and conditions, the Seller is entitled to the reimbursement of costs associated with the delivery of goods and their storage (storage at the Seller’s for each day of delay is in the amount of max. CZK 10, a maximum total of CZK 500 or the amount of the purchase price if it is lower than CZK 500), as well as other costs of the Seller, due to the non-acceptance of goods incurred by the Buyer, and has the right to withdraw from the purchase contract.
- The Buyer acquires the property right of the goods by paying the full purchase price for the goods (including delivery costs), but not before the goods are sent. Responsibility for accidental destruction, damage or loss of the goods passes to the Buyer when accepting the goods, or at the moment when the Buyer has the obligation to accept the goods, but in conflict with the purchase contract did not do so.
- The Buyer takes on themselves the risk of changing circumstances under Paragraph 1765, Sec. 2 of the Civil Code.
V. Withdrawal from the contract
- The Buyer – consumer (in this article hereafter “consumer”) has in compliance with the provisions of Paragraph 1829, Sec. 1 of the Civil Code the right to withdraw from the purchase contract, within 14 days of receipt of the goods, in which case the subject of the purchase contract is several types of goods or the supplying of several parts, this period running from the date of receipt of the last goods delivery. Withdrawal from the purchase contract must be sent to the Seller within the period mentioned in the previous sentence.
- The consumer acknowledges that pursuant to Paragraph 1837 of the Civil Code, there can be, inter alia, a withdrawal from the purchase contract:
- regarding the supply of goods that have been modified or custom-delivered by the request of the Buyer or their person,
- of the supply of goods whose price depends on the fluctuations of financial markets beyond the control of the Seller and which may occur during the contract withdrawal period.
- To withdraw from the purchase contract the consumer must the sample form provided by the Seller, which forms the Appendix No. 2 hereof. The Buyer may send the contract withdrawal to the contact email address of the Seller or the Seller's registered address. For the delivery of the contract withdrawal there apply art. IX. these terms and conditions.
- In the case of a contract withdrawal the purchase contract is cancelled from the beginning. The Buyer is obliged to return the goods to the Seller within 14 days of the contract withdrawal. If the consumer withdraws from the purchase contract, they bear the costs of returning the goods to the Seller, even in the case where the goods cannot be returned because of their nature via an ordinary postal route. The Seller returns to the consumer the funds received from the consumer within 14 days from the contract withdrawal by the consumer and in the same way the Seller received them from the consumer. The Seller is also entitled to return the indemnity provided by the consumer at the time of returning the goods by the consumer or in another way, if the consumer agrees, and not create additional costs to the consumer. If the consumer withdraws from the purchase contract, the Seller is not obliged to return the funds received by the consumer before the consumer returns the goods or proves that the goods were sent to the Seller.
- The goods must be returned to the Seller unworn and uncontaminated, and if possible, in its original packaging.
- Regarding a claim for damages caused to the goods, the Seller is entitled to unilaterally set them off against the Buyer's claim for the refund of the purchase price .
- The Seller has the right to withdraw from the contract in the cases specified in these terms and conditions and in the event that the goods for objective reasons (goods already not in production, the supplier ceased to supply the Czech Republic, significantly increasing its cost or delivery costs), the original supply terms are not possible or the fulfillment becomes objectively impossible, or if the Buyer has settled all liabilities payable to the Seller on the order’s date of issue. In this case, the Seller will return the purchase price to the consumer without undue delay, in the form of a bank transfer to an account designated by the Buyer.
- In the event the Seller withdraws from the contract, the Seller will inform the Buyer of this fact. In the event that the Buyer has fully or partly paid the purchase price, the amount received will be returned in cashless form:
- to the bank account marked for this purpose by the Buyer, or
- the account from which the funds were credited regarding the payment of the purchase price if the Buyer did not divulge any bank account in the withdrawal,
- If there was a gift provided to the Buyer with the goods, it is a gift agreement between the Seller and Buyer entered into a resolutive condition, which upon the withdrawal from the purchase contract by the consumer, the gift agreement ceases regarding such gift effectiveness and the Buyer is obliged to also return the offered gift with the goods to the Seller. This procedure also applies to cases where the Buyer has received volume discounts for the purchases of a certain quantity of goods and as a result of a contract withdrawal they are under the limit concerning the amount of goods (e.g. The Buyer orders goods worth over CZK 50,000 – receives a 5% discount, subsequently withdraws from part of the goods and the total price is under CZK 50,000).
VI. Rights of defective performance
- The rights and obligations of contracting parties, in respect of the rights of defective performance, shall be governed by the relevant legislation (including the provisions of Paragraphs 1914-1925, Paragraphs 2099-2117 and Paragraphs 2161-2174 of the Civil Code).
- Other rights and obligations of the contracting parties relating to the liability of the Seller for defects are regulated by the complaints procedure of the Seller, which is Appendix No. 2 of these terms and conditions.
VII. Personal Data Protection
- The personal data protection of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On Personal Data Protection, as amended.
- The Seller as the administrator of personal data, notified the Office for Personal Data Protection before the release of these terms and conditions, that it intends to process personal data, and is registered under Reg. No.00048397.
- The Buyer agrees to the processing of their personal data: name, residence address, mailing address, identification number, tax identification number, email address, phone number (hereinafter “personal data”).
- The Buyer agrees to the processing of personal data by the Seller, for the purpose of the realization of rights and obligations under the purchase contract and for the purpose of maintaining a user account. The Buyer does not make any choice, consenting to the processing of personal data by the Seller as well as for the purpose of sending information and commercial messages (newsletters) to the Buyer. Consent to the processing of personal data in their entirety under this Article is not a condition that would in itself make it impossible to conclude a purchase contract.
- The Buyer acknowledges that it is obliged to report their personal data (for registration, in their user account, when ordering from the online store without registration) correctly and truthfully, and without undue delay, notifying the Seller of a change in personal data.
- A third party may be appointed for the processing of the Buyer’s personal data. In addition to the persons transporting goods the personal data of the Buyer will not be forwarded to third parties by the Seller without the prior consent of the Buyer.
- Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form in a non-automated way.
- The Buyer confirms that the personal information is accurate and that they were advised that they voluntarily provided the personal data.
- In the event that the Buyer thought that the Seller or the processor is performing the processing of their personal data in a manner inconsistent with the protection of the private and personal life of the Buyer or is in conflict with the law, especially if the personal data are inaccurate for the purpose of processing, the:
- asks the Seller or processor for an explanation,
- requires the Seller or processor to remedy this situation.
- If the Buyer requests information regarding the processing of their personal data, the Seller shall deliver this information. The Seller has the right to provide information pursuant to the preceding sentence, requiring reasonable compensation not exceeding the costs of providing the necessary information.
- The Buyer is entitled to appeal the consent to the processing of personal data by sending it to the Seller via the email address email@example.com.
VIII. Sending of commercial messages (newsletters) and the storage of cookies
- The Buyer agrees to receive information related to goods, services, or the business by the Seller to the Buyer's e-mail address and agrees to receive commercial messages (newsletters) by the Seller to the Buyer's e-mail address.
- The Buyer agrees with saving cookies on their computer. In the event that a purchase on the website can be made and the Seller fulfills the obligation of a purchase contract, without the storage of cookies on the Buyer’s computer, the Buyer may consent under the preceding sentence at any time.
- The contracting parties may mutually deliver any correspondence by e-mail, and to the email address specified in the user account or in the order by the Buyer, or to the address listed on the website of the Seller.
X. Final Provisions
- All the agreements between the Seller and the Buyer shall be governed by valid Czech law. If the relationship established by the purchase contract includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding regulations.
- In the event that these terms and conditions are available to the Buyer in multiple language versions, the Czech version shall prevail. The Seller in this case is not responsible for the accuracy of the translation.
- In the event that a certain provision of the conditions is invalid, ineffective or unusable (or they become), there will instead be used a provision that most closely matches the meaning of the invalid, ineffective or unusable provision. The invalidity, ineffectiveness or unavailability of one provision shall not affect the validity of the remaining provisions.
- In matters not covered by these terms and conditions, including an order and its acceptance and the terms of trade, or alternatively, communications between the parties, the legal relationship is governed by the conditions mentioned in the online shop. Information about individual technical steps leading to the conclusion of the contract is on the online store.
- The Seller is entitled to sell goods on the basis of a trade license and the activity of the Seller shall not be subject to any other permissions. A trade inspection is carried out under the authority of the Trade Office. The supervision of the protection of personal data is performed by the Office for Personal Data Protection (www.uoou.cz). The enforcement of legislation on technical requirements for products and product safety is performed by Czech Trade Inspection (www.coi.cz). Czech Trade Inspection also carries out the monitoring of compliance with consumer protection rules. Consumer rights advocates and their interest groups and other stakeholders are under its protection.
- All complaints are handled by the Seller via the contact e-mail or phone contact. In relation to the Buyer the Seller is not bound by codes of conduct or any such elements with which they do not comply voluntarily (as defined in Paragraph 1826, Sec. 1, Letter e) of the Civil Code.
- The content of the Seller’s online store, comprising all mentioned materials (texts, photos, pictures, logos, etc.) and related content in printed media (promotional brochures, advertisements etc.), including the software of the online store and these terms and conditions, are copyrighted by the Seller and may be protected by other rights of the Seller and/or third parties. The content may not be altered, photocopied, reproduced, distributed by the Buyer and user, or used by any third party for any purpose whatsoever without the prior written consent of the Seller.
- In particular, it is prohibited without the prior written consent of the Seller to access photos and texts placed in the online store either through payment or free-of-charge. In disregard of this prohibition the Seller proceeds particularly in accordance with Act No. 121/2000 Coll., on the Copyright Act, as amended, and Act No. 40/2009 Coll., on the Penal Code, as amended. The name of the online store is protected by a registered trademark; the names and designations of products, goods, services, firms and other companies may be the registered trademarks of their respective owners.
- The Seller is not responsible for any errors resulting from the interference of third parties in the online store or as a result of its use in conflict with its purpose. The Buyer and user must not use at the online store procedures that could have a negative impact on its operations and must not engage in any activity that could allow them or third persons to unlawfully interfere with or use the software or other content of the online store and or use the online store or its part or its software equipment in a way that would be inconsistent with its purpose or purposes.
- The purchase contract, including the terms and conditions, can be saved and archived by the Seller in electronic form and is not accessible to third parties. The provisions of these terms and the act on the provision of the purchase contract and the terms and conditions of the Buyer are not affected. The purchase contract, including the terms and conditions, can be electronically provided by the Seller to the Buyer upon request by sending an e-mail.
- In the event of a query regarding the terms and conditions as well as the purchase contract, the Seller shall promptly provide all necessary information to the Buyer.
- The Seller, pursuant to Paragraph 1752 of the Civil Code, reserves the right to change these terms and conditions to a reasonable extent. The Seller shall publish the new version of the terms and conditions on its website and the Buyer will be notified of a possible change via an e-mail and within a reasonable time before the new conditions come into effect. The Buyer has the right to refuse the changing terms and conditions in writing, and no later than the date on which they take effect. In the event that the Buyer does not refuse the changes in the terms and conditions during this period the contractual relationship is governed by the new terms and conditions. In the event that the Buyer completely rejects the changes/new wording of the terms and conditions, the Seller and the Buyer shall be entitled to prematurely terminate the contractual relationship by mutual consent or notice. The notice period in this case is 2 months after the written notice on the change in the terms and conditions by the other party.
- Appendix No. 1 of these terms and conditions constitute the sample form for a purchase contract withdrawal.
- Appendix No. 2 of these terms and conditions constitute the claims procedure.
- The Buyer and Seller agree to resolve any disputes amicably, or using a mediator. In case of solving their relations through the courts, the parties under Paragraph 89a of the Civil Procedure stipulate the local jurisdiction of the District Court in Přerov, or the Regional Court in Ostrava.
These terms and conditions come into effect on 1.7.2015