Terms and Conditions
of PROVET TRADE s.r.o., with its registered office at Plemenářský podnik 189, 53003 Pardubice.
identification No.: 28790375, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, section C, insert 27658, for the sale of goods through an online store at the internet address www.provet.cz
1. PRELIMINARY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of PROVET TRADE s.r.o, with its registered office at Plemenářský podnik 189, 53003 Pardubice, identification No.: 28790375, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 27658 (hereinafter referred to as the “Seller”), in compliance with section 1751, para. 1 of the Act No. 89/2012 Coll, the Civil Code (hereinafter referred to as the “Civil Code”), shall govern the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website www.provet.cz (hereinafter referred to as the “Website”) through a website interface (hereinafter referred to as the “Website Interface”).
1.2. These Terms and Conditions shall not apply to cases where a person, intending to buy goods from the Seller, is a legal person or a person who, when ordering the goods, acts within the framework of their business activities or in exercise of their independent profession.
1.3 Provisions derogating from the Terms and Conditions may be negotiated in the Purchase Agreement. Specific arrangements in the Purchase Agreement shall take precedence over the provisions of the Terms and Conditions.
1.4. These Terms and Conditions shall form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions have been drafted in the Czech language. The Purchase Agreement can be concluded in the Czech language.
1.5. The Seller may change or amend the wording of the Terms and Conditions. This provision shall be without prejudice to the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1 The Buyer can access their user account based on their registration performed on the Website. The user account of the Buyer shall enable them to order goods (hereinafter referred to as the “User Account”). If the Web Interface of the store allows it, the Buyer can also order goods directly from the store Web Interface without registration.
2.2. When registering on the Website and/or ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to keep the data specified in the User Account up-to-date. The data provided by the Buyer to the Seller in the User Account and/or when ordering goods shall be considered correct by the Seller.
2.3. Access to the User Account is protected by a username and a password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
2.4. The Buyer must not allow the use of the User Account by third parties.
2.5. The Seller may cancel the User Account, especially if the Buyer does not use their User Account for more than 6 months, or if the Buyer violates their obligations arising from the Purchase Agreement (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be accessible without interruption, especially with regard to required maintenance of the Seller’s hardware and software equipment and/or maintenance of third party hardware and software.
3. CONCLUSION OF PURCHASE AGREEMENT
3.1. All presentations of the goods presented in the web interface of the store are only indicative and the Seller is not obliged to conclude a Purchase Agreement for these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. The web interface of the store contains information about goods, including the indication of price of the individual goods and the cost of returning the goods if the character of these goods prevents them from being returned by regular mail. Prices of the goods are indicated including VAT and all related fees. Prices of the goods remain valid for as long as they are displayed in the web interface of the store. This provision shall not limit the Seller’s ability to conclude a Purchase Agreement under individually negotiated terms.
3.3. The web interface of the store also includes information on the cost of packaging and delivery. The information on the costs associated with packaging and delivery of the goods is indicated in the web interface of the store and is valid only for the delivery of goods within the territory of the Czech Republic.
3.4. The Buyer may order goods by filling out the order form in the Web Interface of the store. The order form contains, in particular, information about:
3.4.1. the ordered goods (the ordered goods are “inserted” by the Buyer into the electronic shopping cart in the Web Interface of the store),
3.4.2. the method of payment of the goods’ purchase price, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the “Order”).
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data that they have provided in the order, also with regard to the Buyer’s ability to detect and correct errors in the data entered into the Order. The Order is submitted from the Buyer to the Seller by clicking the “Submit order” button. The data indicated in the order shall be considered correct by the Seller. Immediately after receiving the order, the Seller shall confirm the receipt to the Buyer by e-mail to the Buyer’s e-mail address specified in the User Account or in the Order (hereinafter referred to as the “Buyer’s e-mail address”).
3.6. The Seller is always entitled to request an additional confirmation of the Order from the Buyer (for example, in writing or by phone), depending on the character of the Order (quantity of goods, purchase price, estimated cost of delivery).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the order acceptance, which shall be sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.
3.8. The Buyer agrees with the use of means of distance communication when concluding the Purchase Agreement. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement (Internet connection costs, telephone call costs) shall be borne by the Buyer themselves and those costs do not differ from the basic rate.
4. PRICE AND PAYMENT TERMS
4.1. The Buyer may pay the price of the goods and any costs associated with the delivery of goods under the Purchase Agreement to the Seller in the following ways: cash on delivery at the place specified by the Buyer in the Order;
4.2. Together with the purchase price, the Buyer is also required to pay to the Seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless specified otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3. The Seller shall not require a deposit or other similar payment from the Buyer. This shall not affect 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 cash payment or cash on delivery, the purchase price shall be payable upon receipt of the goods. In the case of a cashless payment, the purchase price shall be payable within 7 days from the conclusion of the Purchase Agreement.
4.5. In the case of a cashless payment, the Buyer is required to state the variable symbol when paying the purchase price of the goods. In the case of a cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled once the relevant amount is credited to the Seller’s account.
4.6. The Seller shall be entitled to request payment of the full purchase price before shipping the goods to the Buyer, especially if the Buyer does not provide the additional order confirmation (Article 3.6). The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4.8. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – invoice to the Buyer regarding the payments made under the Purchase Agreement. The Seller is a VAT payer. The invoice documenting the tax-deductible cost shall be issued by the Seller to the Buyer after the payment of the price of the goods and shall be sent in electronic form to the electronic address of the Buyer.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the Purchase Agreement for the supply of goods that has been adjusted according to the Buyer’s wishes, from the Purchase Agreement for the delivery of goods subject to rapid decay which have been irreversibly mixed with other goods after delivery, from the Purchase Agreement for the supply of sealed goods which were unsealed after delivery by the consumer and which are not suitable for return due to hygienic reasons as well as from the Purchase Agreement for the supply of audio or video recordings or computer software, the original seal of which was unsealed after delivery.
5.2. In other cases than the case referred to in Article 5.1 or in another case where the Purchase Agreement cannot be withdrawn from, the Buyer shall have the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Civil Code, within fourteen (14) days from the receipt of the goods, in the case of a Purchase Agreement concerning several kinds of goods or the supply of several parts, this period shall run from the date on which the last delivery of goods has been accepted. The withdrawal from the Purchase Agreement must be sent to the Seller within the time limit specified in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which forms an annex to the Terms and Conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer, inter alia, to the address of the Seller’s place of business or to the Seller’s e-mail address firstname.lastname@example.org.
5.3. In the case of withdrawal from the Purchase Agreement according to the Terms and Conditions, the Purchase Agreement shall be considered null and void from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the Agreement to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by regular mail due to their nature.
5.4. In the event of withdrawal from the Agreement under Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement in the same manner as the Seller accepted it from the Buyer. The Seller shall also be entitled to return the funds provided by the Buyer upon the return of the goods by the Buyer or otherwise, provided that the Buyer agrees to it and does not incur any additional costs. If the Buyer withdraws from the Purchase Agreement, the Seller shall not be obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods have been dispatched to the Seller.
5.5. Compensation for the damage caused to the goods can be off-set unilaterally by the Seller against the Buyer’s claim for refund of the purchase price.
5.6. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller shall also be entitled to withdraw from the Purchase Agreement at any time until the Buyer takes over the goods. In such case, the Seller shall reimburse the purchase price to the Buyer without unnecessary delay, by wire transfer to the account designated by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer shall be concluded with the condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement shall cease to apply and the Buyer shall be obliged to return the goods together with the gift to the Seller.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the method of delivery is agreed upon according to the Buyer’s special request, the Buyer shall bear the risk and any additional costs associated with this method of delivery.
6.2. If, according to the Purchase Agreement, the Seller is obliged to deliver the goods to a place specified by the Buyer in the Order, the Buyer shall be obliged to take over the goods upon delivery.
6.3. If, for reasons for which the Buyer is responsible, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the Order, the Buyer shall be obliged to pay the costs associated with the repeated delivery of the goods or costs associated with another method of delivery.
6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packages and, in the event of any defects, notify the carrier without undue delay. In the event of any damage to the package indicating unauthorised manipulation with the package, the Buyer is not required to take over the delivery from the carrier.
6.5. Other parties’ rights and obligations in the delivery of goods may be altered by the Seller’s special delivery terms if issued by the Seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contractual parties regarding defective performance are governed by applicable generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and the Consumer Protection Act 634/1992 Coll. as amended).
7.2. The Seller is responsible to the Buyer for the goods to be free from defects. In particular, the Seller is responsible to the Buyer that at the time of the takeover of the goods by the Buyer, the goods:
7.2.1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and on the basis of corresponding advertising
7.2.2. the goods are fit for the purpose stated by the Seller or for which goods of this type are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to a confirmed sample or model,
7.2.4. the goods are in the appropriate quantity, measure or weight, and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which a lower price has been agreed upon, to wear and tear of the goods caused by their normal use, in the case of used goods also to a defect corresponding to the degree of use or wear and tear that the goods had when accepted by the Buyer, or if it follows from the nature of the goods.
7.4. If any defect occurs during the period of six months from the takeover, the goods shall be deemed to have been defective already during their acceptance. The Buyer shall be entitled to assert their rights arising from defects that occur with consumer goods within twenty-four months from the acceptance.
7.5. Rights arising from defects are asserted by the Buyer against the Seller at their place of business, where acceptance of the claim is possible with regard to the range of goods sold, eventually even at the Seller’s registered office or place of business.
7.6. Other rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s claim rules.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer shall acquire ownership of the goods by paying the full purchase price of the goods.
8.2. The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) e) of the Civil Code.
8.3. The out-of-court settlement of consumer disputes under the Purchase Agreement is the responsibility of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: http://www.coi.cz.
8.4. The Seller shall be authorised to sell the goods on the basis of a trade license. Trade inspection is carried out as part of its competence by the relevant Trade License Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection, among other things, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5. The Buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The protection of the Buyer’s personal data, who is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
9.2. The Buyer agrees with the processing of the following personal data: name and surname, registered address, identification number, tax identification number, e-mail address, telephone number and company name (hereinafter referred to as the “Personal Data”).
9.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of executing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If the Buyer does not choose another option, they agree to the processing of Personal Data by the Seller also for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of Personal Data in its entirety under this Article is not a condition that would in itself make the conclusion of a Purchase Agreement impossible.
9.4. The Buyer acknowledges that they are obliged to provide their Personal Data (when registering in their User Account, when making an Order from the shop’s Web Interface) correctly and truthfully and that they are obliged to inform the Seller of any change in their Personal Data without undue delay.
9.5. By processing the Buyer’s Personal Data, the Seller may assign a third party as the processor. Except for the persons responsible for the delivery of goods, Personal Data shall not be passed on to third parties by the Seller without the Buyer’s prior consent.
9.6. Personal Data shall be processed for an indefinite period. Personal Data shall be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
9.7. The Buyer confirms that the Personal Data provided are accurate and that they have been advised that this provision of Personal Data is voluntary.
9.8. If, according to the Buyer’s opinion, the Seller or the processor carries out the processing of their Personal Data in a way violating the protection of the Buyer’s private and personal life or contrary to legal regulations, in particular if the Personal Data are inaccurate with regard to the purpose of their processing, they may:
9.8.1. ask the Seller or the processor for an explanation,
9.8.2. require the Seller or processor to rectify such situation.
9.9. If the Buyer asks for information about the processing of their Personal Data, the Seller shall be obliged to pass on this information. The Seller has the right to ask for an appropriate compensation not exceeding the costs necessary to provide the information for the provision of information under the previous sentence.
10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. The Buyer agrees with the sending of information related to the Seller’s goods, services, or business to the Buyer’s electronic address, and also agrees to the sending of commercial communications to the Buyer’s electronic address.
10.2. The Buyer agrees with the storage of so-called cookies onto its computer. If the purchase on the website is possible and the Seller’s obligations under the Purchase Agreement can be fulfilled without the storage of so-called cookies onto the Buyer’s computer, the Buyer may withdraw the consent under the previous sentence at any time.
11.1. Messages may be delivered to the Buyer’s electronic address.
12. FINAL PROVISIONS
12.1. If a relationship based on a Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights under generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or if it becomes invalid or ineffective, a provision, the meaning of which is as close as possible to the invalid or ineffective provision, shall be introduced instead of it. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
12.3. The Purchase Agreement, including the Terms and Conditions, shall be archived by the Seller in electronic form and shall not be accessible.
12.4. The Business Terms and Conditions annex forms the sample Purchase Agreement withdrawal form. 12.5. Seller’s contact details: delivery address PROVET TRADE s.r.o., Plemenářský podnik 189, 53003 Pardubice, e-mail address email@example.com, telephone 724088274.
Pardubice, 20 March 2017