Business terms and conditions
1. INTRODUCTORY PROVISIONS
These general terms and conditions (hereinafter also GTC) apply to purchases in the online store www.shop.forbreeders.eu, which is operated by Mrs. Aneta Pešová, ID number: 04972350, with registered office at Hůrecká 331/8, 74718 Píšť, registered in the Trade Register maintained by the Hlučín Municipal Office on 4/4/2016 . These General Terms and Conditions regulate the relations between the Buyer and the Seller in the area of the sale of goods, i.e. between Mrs. Aneta Pešová, ID: 04972350 (hereinafter referred to as the "Seller") and its business partners (hereinafter referred to as the "Buyer").
All contractual relationships are concluded in accordance with the legal order of the Czech Republic. By placing an order, the buyer confirms that he has familiarized himself with these terms and conditions, of which the complaints procedure is an integral part, and that he agrees with them. The Buyer is sufficiently informed of these terms and conditions before placing the order and has the opportunity to become familiar with them.
2. DEFINITION OF TERMS
2.1. Seller
The seller is Ms. Aneta Pešová, ID: 04972350, with registered office at Hůrecká 331/8, 74718 Píšť, registered in the Trade Register maintained by the Hlučín Municipal Office on 4/4/2016 .
2.2. Buyer
The buyer is a consumer or entrepreneur.
A consumer is a natural person who, when concluding and fulfilling a purchase contract with the Seller, does not act as part of his business or other business activity or as part of the independent exercise of his profession. At the start of business relations, the consumer only provides the seller with their contact information, which is necessary for the smooth processing of the order, or the information that they want to have on the purchase documents.
Legal relations between the Seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act. No. 40/1964 Coll., Civil Code and Act No. 634/1992 Coll., on consumer protection, both as amended, as well as related regulations.
An entrepreneur means:
- a person registered in the commercial register (mainly commercial companies),
- a person who does business on the basis of a trade license (trader registered in the trade register),
- a person who does business on the basis of a different than a trade license according to special regulations (this includes, for example, freelance professions such as advocacy, etc.), and
- a person who runs agricultural production and is registered in accordance with a special regulation.
Legal relations between the Seller and the Buyer, who is an entrepreneur, not expressly regulated by these General Terms and Conditions or the Agreement between the Seller and the Buyer, are governed by the relevant provisions of Act. No. 513/1991 Coll., the Commercial Code as amended, as well as related regulations.
The Seller's individual contract with the Buyer is superior to the terms and conditions.
2.3. Consumer contract
A contract of purchase, for work, or other contracts according to the Civil Code, if the parties to the contract are the consumer on the one hand and the supplier on the other, or Seller.
3. PROCESSING OF PERSONAL DATA
All handling of Buyers' personal data is governed by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, and other legal regulations in force in the Czech Republic. By his free decision (pressing the button), the buyer indicates that he is aware of all the above facts and agrees to the further processing of his personal data for the purposes of the business activities of the operator of this e-shop. The provision of personal data is voluntary, the Buyer has the right to access the data and is entitled to the protection of rights to the extent stipulated by law. He may revoke this consent in writing at any time. Personal data will be fully secured against misuse. Data will be stored and not shared with third-party applications.
The administrator (Seller) hereby informs the data subject (Buyer) and provides him with explicit instruction on the rights arising from Act No. 101/2000 Coll., on the protection of personal data, i.e. in particular that the provision of personal data to the administrator is voluntary, that has the right to access the data, has the right to revoke the above-mentioned consent in writing at any time and, in the event of a violation of his rights, has the right to contact the Office for the Protection of Personal Data and demand an appropriate remedy, which is, for example, the administrator refraining from such actions, removing the situation that has arisen, provision of an apology, correction or addition, blocking, liquidation of personal data, payment of monetary compensation, as well as the use of other rights arising from Sections 11 and 21 of this Act.
If the buyer wishes to correct the personal data that the Seller processes about him, he can request it at the e-mail address info@forbreeders.eu or at the aforementioned postal address of the Seller.
The web interface contains a list of goods, including a description of the main features of each item. The presentation of the goods on the web interface is of an informative nature and is not a proposal by the seller to conclude a contract in the sense of § 1732 paragraph 2 of the Civil Code. In order to conclude the contract, it is necessary for the buyer to send an order and for the seller to accept this order.
The buyer places the order via the web interface, or in another way according to the agreement of the contracting parties. The order must always contain the exact name of the ordered goods, the number of goods, the chosen method of payment and transport and the buyer's contact details (name and surname or company name, identification number, delivery address, telephone number, e-mail address).
The seller is not obliged to confirm the received order. An unconfirmed order is not binding for the seller. The seller is entitled to verify the order in case of doubts about the authenticity and seriousness of the order. The seller may reject an unverified order.
2.4. The contract is concluded at the moment when the acceptance of the binding order by the seller was delivered to the buyer.
Cancellation of the order must be notified to the seller by phone, on the phone number +420720431909. If it is a product that is custom-made for the buyer, the seller is entitled to a cancellation fee of 100% of the price of the goods.
2.6 The seller reserves the right to cancel the order in cases where the goods/material is unavailable from the supplier for a long time, if the given product is no longer produced, if the price has changed significantly, or if it has been incorrectly calculated. If any of these situations occur, the buyer will be notified by email or phone. The seller and the buyer will agree on the next procedure or on the cancellation of the order.
2.7 The purchase contract is concluded in the Czech language. After conclusion, the purchase contract is archived only for the period necessary for its settlement, during which time it is possible to make it available at the written request of the Buyer (consumer). You can change the order and correct errors until the moment the goods are handed over for dispatch.
The buyer (consumer) has the right to withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods (in the case of a purchase contract, the subject of which is several types of goods or the delivery of several parts, from the date of receipt of the last delivery of goods; in the case of a purchase contract, the subject of which is regular repeated delivery of goods, from the date of acceptance of the first delivery of goods).
If the buyer decides to withdraw from the purchase contract, the seller informs the seller at the e-mail address info@forbreeders.eu and sends the goods/products - undamaged, without signs of use, wear and tear and in the original packaging - to the address Aneta Pešová, Hůrecká 331/8, 74718 Píšť (within the specified period of 14 days, including a written withdrawal from the purchase contract with the data identifying the buyer and proof of purchase - unless otherwise agreed).
Shipments sent cash on delivery will not be accepted. After receiving the returned goods, the buyer will be informed by e-mail, or by phone. Payment settlement must be processed within 30 days. The term for the consumer starts with the sending of the appeal or the goods, for the seller with the receipt of the appeal or the goods. Shipping costs are paid by the buyer.
Exceptions to withdrawal are manufactured or modified products and orders (with printing, embroidery, individually modified, goods with adjusted length, etc.), where the order has the nature of a work contract and is governed by the legal regulation of the work contract. This item cannot be returned or exchanged.
It is not possible to withdraw from the contract without giving a reason if the goods have already been partially consumed. It is also not possible to withdraw from the contract for goods whose nature precludes this, especially for hygienic reasons (e.g. cosmetic products, combs, brushes, etc.). If the returned goods are incomplete, damaged or visibly worn, the Seller can claim damages.
6. DELIVERY TERMS
3.1. The seller is obliged to deliver the goods to the buyer in the agreed manner, properly packaged. Unless otherwise agreed, documents are provided in the Czech language.
3.2. Based on the agreement of the contracting parties, the seller can arrange for the buyer to transport the goods and insure the goods for the duration of the transport. The buyer is obliged to pay the cost of transport and insurance according to the carrier's valid tariff. The delivery of the goods to the buyer is considered to be the handover of the goods to the first carrier. Upon delivery of the goods, the risk of damage to the goods passes to the buyer.
3.3. Before taking over the goods, the buyer is obliged to check the integrity of the packaging of the goods and to report any defects to the transporter immediately. A report will be written about the defects. If a defect report is not drawn up, the buyer loses the claims arising from the damaged packaging of the goods. It is necessary to take photo documentation of the damage to the package and the contents of the shipment, including the label with the shipment number. Subsequently, the Buyer will provide the Seller with information to resolve the situation, a description of the damage, the amount of the damage, photographs, and a damage report taken with the carrier.
3.4. Immediately after receiving the goods, the buyer is obliged to check the goods, in particular he is obliged to check the number of pieces of goods and their completeness. In case of non-compliance, the buyer is obliged to notify the seller without undue delay, but no later than within 2 working days of receiving the goods. The buyer is obliged to document detected defects in an appropriate manner and send this documentation to the seller together with the notification of the defect.
3.5. Non-acceptance of the goods by the buyer does not affect the seller's right to demand full payment of the purchase price. In the event of non-collection of the cash-on-delivery package, which contains custom-made products, legal enforcement of this amount will be initiated.
The Buyer is obliged to reimburse the Seller for additional costs incurred due to repeated or other than agreed delivery of the shipment or its unjustified non-acceptance.
The speed of sending the shipment depends on the availability of the goods and the payment method chosen by the Buyer.
The Seller has no possibility to influence the shipping time of the shipment to the Buyer. Any complaint must be lodged with the transport company.
The buyer has the option to pay the purchase price for the goods to the seller in addition to the other methods listed on the web interface or individually agreed by one of the methods listed below:
- in cash upon personal collection;
- cashless before delivery of the goods online by payment card through the GoPay payment gateway;
- cashless before delivery of the goods by transfer to the seller's bank account.
The seller is responsible for ensuring that the goods are free of defects upon receipt. This means that the goods upon receipt in particular:
- is in the agreed amount;
- corresponds to the quality and execution agreed between the buyer and the seller, or according to the agreed sample or template, or according to the purpose apparent from the contract; otherwise usual for the purpose;
- a situation where the seller supplies the buyer with other goods than what was agreed between them is also considered a defect in the goods.
The seller does not provide any guarantee for quality. Differences in color shades in reality and on electronic display devices cannot be considered a product defect.
Buyer's rights from defective performance
The buyer's rights from defective performance are governed by the Civil Code, especially § 2099 to 2117. If the defect in the goods is a material breach of the contract, the buyer has the following rights from defective performance:
a) removal of a defect by delivery of a new item without a defect or by delivery of a missing item;
b) removing the defect by repairing the item;
c) a reasonable discount from the purchase price; or
d) withdrawal from the contract.
If the defect of the goods is a minor breach of the contract, the buyer may demand:
a) removal of the defect; or
b) a reasonable discount from the purchase price.
The buyer is obliged to inform the seller about the chosen method of resolving the complaint when reporting the defect, otherwise the seller will decide on it. The choice made can only be changed after agreement with the seller.
If the buyer considers the defect to be a material breach of contract, he is obliged to prove this to the seller.
An exchange of goods or withdrawal from the contract cannot be requested if the buyer cannot return the item in the condition in which he received it. This does not apply if:
a) there has been a change in condition as a result of an inspection for the purpose of detecting a defect in the item;
b) the buyer used the item before the defect was discovered;
c) the buyer did not cause the impossibility of returning the item in an unchanged state by action or omission; or
d) the buyer sold the item before the defect was discovered, or altered the item during normal use; if this happened only in part, the buyer returns to the seller what he can still return and gives him compensation up to the amount in which he benefited from the use of the item.
Impossibility of exercising rights from defective performance
Rights from defective performance do not belong to the buyer if he knew about the defect before taking over the item or caused the defect himself.
Claims from liability for defects further do not apply to:
- wear and tear of goods caused by their normal use;
- items sold at a lower price - only in relation to the defect for which the lower price was negotiated; or
- if it follows from the nature of the matter.
9. COMPLAINT PROCEDURE
The buyer is obliged to file a claim with the seller without undue delay after the discovery of the defect. The seller's contact address is designated for receiving the claimed goods.
Mandatory complaint procedure:
- for faster processing, the buyer can inform the seller about the claim in advance by phone, e-mail or in writing;
- the buyer is obliged to inform the seller about the right he has chosen from defective performance, describe the defect and/or describe how it manifests itself;
- the claimed goods are delivered by the buyer to the seller (other than cash on delivery, which the seller does not accept), while the buyer is obliged to pack the goods in suitable packaging so that they are not damaged or destroyed;
- the buyer shall attach to the goods a proof of purchase of the goods or a tax document - an invoice, if it was issued, or another document proving the purchase of the goods.
The moment of making a claim is the moment when the claimed goods were delivered to the seller.
In accordance with the Civil Code, the buyer has the right to reimbursement of the costs incurred when claiming goods. The buyer acknowledges that the right to reimbursement of these costs must be exercised within one month after the expiry of the period in which the defect must be pointed out.
10. QUALITY GUARANTEE IN CASE OF NON-CONSUMER BUYER
The seller does not provide a buyer, who is not a consumer, with a guarantee for the quality of the goods, unless expressly agreed between the contracting parties. The Seller's liability for defects in such a case is governed by the Civil Code.
11. PRICES AND VALIDITY OF THE OFFER
All prices are listed with VAT, which is valid at the time the order is sent. In the event that the VAT before the conclusion of the purchase contract or before the goods are shipped, the Buyer, taking into account the type of payment chosen by the Buyer, is obliged to pay the arrears of the purchase price or The Seller will immediately send a message to the Buyer by e-mail with a request to notify where the overpayment of the purchase price can be paid to the Buyer. A proper tax document is part of the delivery of the goods. All product prices, including special offers, are valid until canceled or sold out.
The seller provides various types of discounts (loyalty, volume, referrals, etc.). Each discount has rules for use.
In the event that a discount or discount coupon is applied in violation of the rules of the given discount or discount coupon, the Seller has the right to refuse such application of the discount or discount coupon. In such a case, the Buyer is informed and will be offered the opportunity to complete the order without this discount or applied coupon.
The rules and conditions for applying a specific discount are attached either directly to the discount (in the form of information), or the discount contains a link to a website where the rules of the discount are described in detail. In the event that there are ambiguities in the interpretation of the discount, the interpretation of the Seller's usage shall apply.
Each discount or coupon can only be redeemed once, unless specifically stated otherwise. In case of multiple use, the seller has the right to refuse the discount.
In the event that the discount is applied by a Buyer who is not a consumer and it is not a purchased gift voucher, the seller has the right to refuse such application of the discount and discount coupons.
If the value of the gift voucher or discount coupon is higher than the value of the entire purchase, the difference will not be transferred to the new voucher or coupon and the unused amount will not be refunded.
12. EXCHANGE OF GOODS
Exchange of goods for other goods is possible within 14 days from the purchase of the goods. The goods must not be worn or damaged. Must be delivered in original packaging with label. In case of exchange of goods, we require payment of transport for the exchanged goods. Individually made-to-order goods cannot be exchanged. Damaged goods with signs of use and wear will not be accepted for exchange. Such goods will be returned to the buyer. The costs associated with the exchange are paid by the buyer.
13. FINAL AGREEMENT
After its delivery to the Seller, the Buyer's (consumer's) order is archived as a proposal for the conclusion of a purchase contract for the purpose of its fulfillment and further records. The individual technical steps leading to the conclusion of the contract are clear to the consumer from the order process itself. The buyer has the opportunity to find out and correct errors that occurred during data entry before placing the order. The costs of using remote means of communication (telephone, internet, etc.) to complete the order itself are borne by the Buyer. These terms and conditions allow the Buyer (consumer) to archive and reproduce them.
The subject of out-of-court proceedings in the event of a dispute, or the subject for handling buyers' complaints, is the Czech Trade Inspection established by Act No. 64/1986 Coll., on the Czech Trade Inspection, which the buyer can contact through the e-mail address on the website of the Czech Trade Inspection, www.coi.cz. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection pursuant to Act. No. 101/2000 Coll., on the protection of personal data, www.uoou.cz
If the relationship related to the use of the web interface or the legal relationship established by the contract contains an international (foreign) element, then the contracting parties agree that the relationship is governed by Czech law (excluding the use of the UN Convention on Contracts for the International Sale of Goods).
If any provision of the terms and conditions is invalid or ineffective or unusable, 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 or inapplicability of one provision does not affect the validity of the other provisions. Changes and additions to the contract or terms and conditions require written form.
The seller reserves the right to change the terms and conditions, their new wording will be announced on the website www.shop.forbreeders.eu.
In Píšt, 17/02/2024