Terms and Conditions
the business company Mňau s.r.o.
with registered office at Zahradníčkova 1390, Třebíč 674 01
identification number: 08862737
Bratislavská 23, Brno 60200
for the sale of goods through the on-line shop located at the Internet address www.laskakocici.cz
1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Mňau s.r.o. Zahradníčková 1370, 674 01 , identification number: 08862737, (hereinafter referred to as the "Seller") regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on the website located at www.laskakocici.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
1.2 The Terms and Conditions do not apply if the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his/her business or in the course of his/her independent exercise of his/her 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 contract. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1 On the basis of the Buyer's registration made on the Website, the Buyer may access its user interface. The Buyer may order goods from his/her user interface (hereinafter referred to as "user account"). The Buyer may also order goods without registration directly from the web interface of the shop.
2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. 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 user name 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, in particular if the Buyer does not use his/her user account for more than 6 months or if the Buyer breaches 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, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1 All presentation of the goods on the web interface of the shop is of an informative nature and the Seller is not obliged to conclude a purchase contract in respect of these goods.
3.2 The web interface of the Shop contains information about the Goods, including the prices of the individual Goods and the cost of returning the Goods if the Goods cannot be returned by normal postal means. The prices of the Goods are exclusive of value added tax ("VAT") as the Seller is not liable for VAT 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.
3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with packaging and delivery of the goods presented in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
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 goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
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").
In the event that a price is quoted which is clearly a typing or numerical error, the price shall not be binding and no contract of sale shall be concluded, even if you have been sent an acceptance of the order in accordance with these terms and conditions.
3.5 Prior to sending the order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors made in entering data in the order. The data provided in the order are considered correct by the Seller.
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 confirmation of the order (for example, in writing or by telephone).
3.7 The Buyer concludes a binding offer to conclude a purchase contract by completing the order by clicking on the "Order" button. The Buyer then receives an automatic confirmation of the acceptance of the order by e-mail (order confirmation). This order confirmation does not constitute acceptance of the offer. The contract with Zooplus is only concluded when www.laskakocici.cz sends the ordered product to the Buyer and confirms the dispatch to the Buyer by email (dispatch confirmation).
3.8 The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:
- cashless - by bank transfer to account 123-1163020297/0100
- via Comgate Cashless Gateway.
In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of payment, which is the order number, within five working days from the date of the order. 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. In the event that the order is not paid within five working days, the purchase contract shall be deemed not to have been concluded.
4.2 Together with 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 any 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 By appointment, it is possible to collect or inspect the goods in Brno at Bratislavská 23, 60200 Brno.
4.5 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 shipped to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.6 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.7 If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is not a payer of value added tax. 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 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 Purchaser has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods without giving reasons, in accordance with the provisions of Section 1829(1) of the Civil Code, whereby if the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence, no later than the last day of the period. In order to exercise the right of withdrawal, the buyer must inform the seller by means of an unequivocal statement (e.g. by letter sent by post or e-mail) of his decision to withdraw from the contract. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address firstname.lastname@example.org. For withdrawal from the Purchase Agreement, the Buyer may also use the sample form provided by the Seller, which forms an annex to the Terms and Conditions. If the Buyer has further questions regarding the withdrawal from the Purchase Contract, the Buyer may contact the Customer Service.
5.2 In the event of withdrawal from the Purchase Contract pursuant to Article 5.1 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller at Mňau s.r.o., Bratislavská 23, Brno 60200. If the buyer withdraws from the purchase contract, the seller bears the costs associated with the return of the goods, even if the goods cannot be returned due to their nature by the usual postal route. However, not additional shipping services such as express delivery. The goods must be returned to the seller in their original packaging, undamaged and unworn.
5.3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.1 of the Terms and Conditions, the Seller shall return all funds received from the Buyer, including the cost of shipping (except for additional costs incurred as a result of the Buyer's chosen method of shipping, which is different from the cheapest standard shipping method offered by our company), without delay, no later than fourteen (14) days after the Buyer's withdrawal from the Purchase Contract, in the same manner in which the Seller received them from the Buyer, unless the Seller and the Buyer agree otherwise. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller or proves that it has shipped the goods to the Seller.
5.4 The Seller shall be entitled to compensation for damages against the Buyer in the event that the goods returned by the Buyer for the reason referred to in paragraph 5.1. are damaged, worn out or partially consumed. The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
5.5 In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the goods are accepted by the buyer. In this case, the seller shall refund the purchase price to the buyer without undue delay, without any delay, by cash to the account designated by the buyer.
5.6 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 with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
5.7. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a purchase contract for the delivery of goods that have been modified according to the Buyer's wishes or for his/her person, from a purchase contract for the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase contract for the delivery of goods in sealed packaging that the consumer has removed from the packaging and for hygienic reasons cannot be returned, and if the consumer has broken their original packaging.
6. TRANSPORT AND DELIVERY OF GOODS
6.1 If the method of transport is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2 In the event that not all products ordered are in stock, the Seller is entitled to send a partial shipment at his own expense, provided that the Buyer agrees to this.
6.3 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.
6.4 If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery. If the buyer does not take delivery of the goods even upon repeated delivery or within the time limit specified for this purpose, the seller is entitled to withdraw from the purchase contract.
6.5 Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
6.6 In the event of damage to the goods during shipment, the buyer shall immediately contact customer service at email@example.com. Upon notification by the Buyer, the Seller may claim damages against the carrier or transport insurer. If the Buyer does not report damage to the goods during transport, this shall not affect his statutory warranty rights.
6.7 Unless otherwise stated in the offer, the delivery time is 2 - 5 days from the date of receipt of payment for the order. Information on delivery conditions is given for each product separately.
6.8 In the event that the Seller is unable, through no fault of his own, to deliver the ordered product to the Buyer due to a supplier's error, he reserves the right to withdraw from the contract. In such a case, the Seller shall immediately inform the Buyer and offer him another, comparable product. If a comparable product is not available or if the buyer does not express an interest in such a product, the seller shall immediately provide the buyer with adequate compensation.
6.10 Further rights and obligations of the parties in the carriage of the goods may be regulated by the seller's special delivery conditions, if issued by the seller.
7. RIGHTS FROM DEFECTIVE FULFILMENT
7.1 The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the relevant 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 Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of the legislation.
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 to a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.
7.4 If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to claim the right to a defect that occurs in consumer goods within twenty-four months of receipt. The buyer has the right to have the seller restore the goods to the same condition as in the contract of sale by repairing or replacing them free of charge and without undue delay. If such a procedure is not possible, the buyer may demand a reasonable reduction in the price or withdraw from the contract.
7.5 The Buyer shall assert the rights arising from defective performance at the Seller's business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the 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 Complaints Regulations.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires ownership of the Goods upon payment of 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 Consumer complaints are handled by the Seller via the electronic address firstname.lastname@example.org. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.
8.4 The Czech Trade Inspection Authority, with its registered office at Bratislavská 23, Brno 60200, ID: 08862737, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. 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.
8.5 The European Consumer Centre Czech Republic, located 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).
8.6 The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1 The Seller processes the Buyer's personal data. For more information on such processing, please refer to
10. FINAL PROVISIONS
10.1 If the relationship established by the Purchase Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
10.2 By choosing the law according to this article of the terms and conditions, the consumer is not deprived of the protection provided 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).
10.3 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.
10.4 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
10.5 The sample form for withdrawal from the Purchase Contract forms an integral part of the Terms and Conditions.
10.6 Contact details of the Seller: Bratislavská 23, Brno 60200, email@example.com tel. 775 521 993.
10.7 The Buyer declares that he/she fully understands the content of these Terms and Conditions and, if applicable, the content and legal consequences of the Purchase Contract and is not prevented from concluding the Purchase Contract by any legal obstacle.
In Brno on 26.10.2020