Trade Terms and Conditions
Happy tails mermaids s.r.o.
based Ke Skalce 331
identification number: 06465781
tax identification number: CZ06465781
registered at the Municipal Court in Prague under reference number C 282653
for selling goods via on-line shop placed on the internet address
- INTRODUCTORY PROVISIONS
1.1. These Trade Terms and Conditions (hereinafter „trade terms and conditions“) for company Happy tails mermaids s.r.o., based Ke Skalce 331, Želivec, 251 68, identification number: 06465781 (hereinafter „seller“) govern in accordance with provision § 1751 paragraph 1 Act no. 89/2012 Coll., Civil Code (hereinafter Civil Code) mutual rights and duties of contracting parties arisen in connection with or on the basis of the purchase contract (hereinafter „purchase contract“) concluded between the seller and other natural person (hereinafter „buyer“) via internet shop of the seller. The seller runs the internet shop on the web page placed on the internet address www.happytailscz.cz (hereinafter „web page“) through the web page interface (hereinafter „shop’s web interface“).
1.2. Trade terms and conditions do not apply to cases when the person who intends to buy goods from the seller is a legal person or a person who acts in the framework of his business activity or in the framework of independent exercise of his profession when ordering goods.
1.3. Regulations different from the trade terms can be negotiated in the purchase contract. Different arrangements in the purchase contract take precedence over regulations of the trade terms and conditions.
1.4. Regulations of the trade terms and conditions are an integral part of the purchase contract. The purchase contract and the trade terms and conditions are made in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. Version of the trade terms and conditions can be altered and amended by the seller. This regulation does not affect rights and obligations arisen during efficiency of the previous version of the trade terms and conditions.
- USER ACCOUNT
2.1. The buyer can enter his user interface on the basis of his registration carried out on the web page. The buyer can order goods from his user interface (hereinafter „user account“). In case that the shop’s web interface enables it, the buyer can order goods also without registration directly from the shop’s web interface.
2.2. The buyer is obliged to state all data correctly and truthfully when registering on the web page and when ordering the goods. The buyer is obliged to update the data stated in the user account in case of any change. The data stated by the buyer in the user account and when ordering the goods are considered correct by the seller.
2.3. Access to the user account is secured by a user name and a password. The buyer is obliged to maintain confidentiality regarding information necessary for access to his user account.
2.4. The buyer is not entitled to allow use of the user account to the third parties.
2.5. The seller can cancel the user account, particularly in case when the buyer has not been using his user account longer than for 1 year or in case that the buyer breaks his duties arisen from the purchase contract (including the trade terms and conditions).
2.6. The buyer takes into account that the user account does not have to be available continuously, especially with respect to necessary maintenance of hardware and software equipment of the seller, eventually necessary maintenance of hardware and software equipment of the third parties.
- CONCLUSION OF THE PURCHASE CONTRACR
3.1. All presentation of the goods placed on the shop’s web interface is informative and the seller is not obliged to conclude the purchase contract regarding these goods. Provision § 1732 paragraph 2 of the Civil Code will not be applied.
3.2. The shop’s web interface contains information about the goods including stating prices of the individual goods. Prices of the goods are stated including the value added tax and all related charges. Prices of the goods remain valid for the period when they are displayed in the shop’s web interface. This regulation does not limit the possibility of the seller to conclude the purchase contract on individually negotiated conditions.
3.3. The shop’s web interface contains also information about costs associated with packing and delivery of the goods. Information about costs associated with packing and delivery of the goods stated in the shop’s web interface is valid only in cases when the goods are delivered within the territory of the Czech Republic.
3.4. The buyer fills in the order form in the shop’s web interface so as to order the goods. The order form contains particularly information about:
3.4.1. the ordered goods (the buyer „adds“ the ordered goods to the electronic cart of the shop’s web interface),
3.4.2. method of payment of the purchase price of the goods, information about the required delivery method of the ordered goods and
3.4.3. information about the costs related to delivery of the goods (hereinafter only as „order“).
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data he inserted into the order, even with respect to his possibility to find out and correct the errors arisen while entering the data into the order. The buyer will send the order to the seller by clicking on the button „SEND THE ORDER“. The seller considers the data stated in the order correct.
3.6. Sending the order means such a buyer’s act that undoubtedly identifies the ordered goods, the purchase price, the buyer’s person, the method of payment of the purchase price, and it is a binding draft of the purchase contract for the contracting parties. Condition of validity of the order is filling in all mandatory data in the order form, getting acquainted with these trade terms and conditions on the web page and the buyer’s confirmation that he got acquainted with these trade terms and conditions.
3.7. When the seller receives the order, he will immediately confirm the receipt of the order to the buyer by e-mail to the buyer’s e-mail address stated in the user interface or in the order (thereinafter „buyer’s electronic address“).
3.8. The seller is always entitled in dependence on character of the order (amount of goods, purchase price, assumed transport costs) to ask the buyer for additional order confirmation (for example in writing or by telephone).
3.9. Draft of the purchase contract in the form of order is valid fifteen days.
3.10. Contractual relationship between the seller and the buyer arises by delivery of receipt of the order (acceptance), which the seller sends to the buyer by e-mail to the buyer’s e-mail address.
3.11. In case that the seller cannot meet any requirement stated in the order, he will send the buyer to his e-mail address a modified offer containing possible versions of the order and he will ask for buyer’s standpoint.
3.12. The modified offer is taken for a new draft of the purchase contract and the purchase contract is in this case concluded only by the seller’s acceptance through the e-mail.
3.13. The buyer agrees with use of means of distance communication when concluding the purchase contract. The buyer pays himself the costs arisen to him when using means of distance communication in connection with conclusion of the purchase contract (costs of internet access, costs of phone calls), whereas these costs do not differ from the basic rate.
- PRICE OF GOODS AND TERMS OF PAYMENT
4.1. The buyer can reimburse the seller price of goods and eventual costs associated with delivery of the goods according to the purchase contract in the following ways:
- in cash on delivery in the place specified by the buyer in the order
- cashless through the Gopay payment system
4.2. The buyer is obliged to pay the seller not only the purchase price, but also costs associated with packing and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price hereinafter means also the costs associated with delivery of the goods.
4.3. The seller does not require an advance payment or another similar payment from the buyer. This does not affect provision of article 6 of the trade terms and conditions regarding the duty to pay the purchase price of the goods in advance.
4.4. In case of cash payment or in case of payment on delivery, the purchase price is due when taking over the goods. In case of cashless payment, the purchase price is due within 3 days from conclusion of the purchase contract.
4.5. In case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with stating the variable symbol of the payment. In case of cashless payment, the buyer’s obligation to pay the purchase price fulfilled in the moment of charging the relevant amount on the seller’s account.
4.6. The seller is entitled, especially in case that the buyer does not additionally confirm the order (article 8), to require payment of the entire purchase price before sending the goods to the buyer. Provision § 2119 paragraph 1 of the Civil Code will not be applied.
4.7. Eventual discounts on the price of the goods provided by the seller to the buyer cannot be combined.
4.8. If it is usual in the business intercourse or if it is stated by generally binding legal regulations, the seller will issue the buyer a tax document - an invoice regarding payments made on the basis of the purchase contract. The seller is not a value added tax payer. The seller will issue the tax document – invoice to the buyer after payment of the price of the goods and he will send it in electronic form to the buyer’s electronic address.
- WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The buyer takes into account that according to provision § 1837 of the Civil Code, it is not possible among other things to withdraw from the purchase contract:
5.1.1. for the supply of the goods, the price of which depends on financial market deflections independently of the seller’s will and to which it can come during the withdrawal period,
5.1.2. for the supply of alcoholic beverages, which can be delivered only after thirty days and the price of which depends on financial market deflections independent of the seller’s will,
5.1.3. for the supply of the goods, which was adjusted according to the buyer’s wish or for his person
5.1.4. for the supply of the highly perishable goods as well as of the goods that were irreversibly mixed with other goods after delivery,
5.1.5. for the supply of the goods in the closed packing, which was taken out of the packing by the buyer and which cannot be returned for hygienic reasons,
5.1.6. for the supply of a sound and video recording or a computer program, if their original packaging was torn,
5.1.7. for the supply of newspapers, periodicals and magazines,
5.1.8. for the supply of digital content, if it was not delivered on a material carrier and if it was delivered with previous express consent of the buyer before expiration of the withdrawal period and the seller communicated to the buyer before conclusion of the contract that he has no right to withdraw from the contract in such a case.
5.2. If it is not the case stated in article 1 or any other case when it is not possible to withdraw from the contract, the buyer has right to withdraw from the purchase contract in accordance with provision § 1829 paragraph 1 of the Civil Code within fourteen (14) days after taking over the goods, whereas in case that the subject of the purchase contract are several kinds of goods or supply of several kinds of goods, the time runs from the date of taking over the last supply of the goods. Withdrawal from the purchase contract must be sent to the seller within the term stated in the previous sentence.
5.3. If the buyer wants to withdraw from the purchase contract, he can use a sample form provided by the seller, which is an annex to the trade terms and conditions. The buyer can send withdrawal from the purchase contract to the address of the premises or to the seller’s domicile. Delivery of withdrawal from the contract subjects to provision of article 11 of these trade terms and conditions. The entrepreneur will confirm its receipt to the consumer without undue delay in text form.
5.4. In case of withdrawal from the purchase contract according to article 2 of the trade terms and conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days from withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears costs associated with return of the goods to the seller, even in case when the goods cannot be returned for its nature by normal mail.
5.5. In case of withdrawal from the contract according to article 2 of the trade terms and conditions, the seller will return finances received from the buyer within fourteen (14) days from withdrawal from the purchase contract in the same way as the seller received them from the buyer. The seller is also entitled to return performance provided by the buyer already when returning the goods by the buyer or otherwise, if the buyer will agree with it and no additional costs will thereby arise to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received finances to the buyer before the buyer returns him the goods or proves that he sent the goods to the seller.
5.6. The seller is entitled to credit unilaterally his claim for damages arisen in the goods against the buyer’s claim for refund of the purchase price.
5.7. The seller is entitled to withdraw from the contract any time until the moment when the buyer takes the goods over. The seller in this case refunds the purchase price to the buyer without undue delay cashless to the account specified by the buyer.
5.8. If a present is provided to the buyer together with the goods, a donation contract is concluded between the seller and the buyer with condition of cancellation stating that if it comes to withdrawal from the purchase contract by the consumer, the donation contract regarding such a present expires and the buyer is obliged to return the provided present together with the goods to the seller.
- TRANSPORT AND DELIVERY OF THE GOODS
6.1. In case that way of transport is agreed on the basis of the buyer’s special request, the buyer bears the risk and eventual additional costs associated with this way of transport.
6.2. If the seller is obliged according to the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take the goods over when they are delivered.
6.3. In case that for reasons on the buyer’s side it is necessary to deliver the goods repeatedly or in a different way from the way stated in the order, the buyer is obliged to reimburse the costs associated with the repeated delivery of the goods or the costs related to the different way of delivery.
6.4. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to inform the transporter immediately. In case of finding out damage of the packaging bearing evidence of unauthorized intrusion into the consignment, the buyer does not have to take the consignment over from the transporter.
- RIGHTS RELATED TO FAULTY PERFORMANCE
7.1. Rights and obligations of the contracting parties regarding the rights related to faulty performance comply with the relevant generally binding regulations (especially provisions § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
7.2. The seller is liable to the buyer that the goods have no defects when taken over. The seller is especially liable to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have the properties that the contracting parties agreed, and if there is no agreement, whether it has such properties that the seller or the manufacturer described or that the buyer expected with respect to the nature of the goods and on the basis of advertisement performed by them,
7.2.2. the goods fit the purpose which the manufacturer states for its use or for which the goods of this kind is generally used,
7.2.3. the goods conform by its quality or by its construction to the agreed sample or pattern, provided that quality or construction were specified according to the agreed sample or model,
7.2.4. the goods is in corresponding amount, dimension and weight and
7.2.5. the goods conform to the requirements of legal regulations.
7.3. Provisions stated in article 2 of the trade terms and conditions will not be applied for the goods sold for a lower price due to the defect, for which a lower price was negotiated, for wear of the goods caused by its normal use, for the used goods due to a defect corresponding to the use rate or wear rate the goods had when it was taken over by the buyer, or if it results from the nature of the goods.
7.4. If a defect appears within six months from taking over, it is considered that the goods were already defective when taken over.
7.5. The buyer exercises rights related to faulty performance against the seller on the address of his premises, in which receiving a claim is possible with respect to the range of the sold goods, eventually also in the seller’s domicile or in the registered office. The moment of exercising the claim is the moment when the seller received the claimed goods from the buyer.
7.6. Other rights and obligations associated with seller’s liability for defects can be regulated by the seller’s return policy.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the whole purchase price of the goods.
8.2. The seller is not bound by any codes of conduct in the sense of provision § 1826 paragraph 1 letter e) of the Civil Code in relation to the buyer.
8.3. Czech Trade Inspection Authority, based Štěpánská 567/15, 120 00 Praha 2, identification number: 000 20 869, internet address: http://www.coi.cz, is competent to out-of-court solution of consumer litigations from the purchase contract.
8.4. The seller is entitled to sell goods on the basis of the trade license. A relevant trade licensing office exercises trade control within its scope. The Office for Personal Data Protection exercises supervision over the area of personal data protection. The Czech Trade Inspection Authority exercises to a limited extent among other things supervision over compliance with Act No. 634/1992 Coll., Consumer Protection Act, as amended.
8.5. The buyer thereby takes on the risk of changing circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
- PROTECTION OF PERSONAL DATA
9.1. Protection of personal data of the buyer, 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 processing of his personal data: name and surname, home address, identification number, tax identification number, e-mail address, phone number (hereinafter everything only as „personal data“).
9.3 The buyer agrees with processing of his personal data by the seller, for purposes of implementation of rights and obligations arising from the purchase agreement and for purposes of keeping the user account. If the buyer does not select another option, he agrees with processing of his personal data by the seller also for purposes of sending information and commercial messages to the buyer. Consent to the processing of personal data in the full extent according to this article is not a condition that would by itself prevent the conclusion of the business contract.
9.4. The buyer takes into account that he is obliged to state his personal data correctly and truthfully (during registration, on his user account, in an order made from the web interface of the e-shop) and that he is obliged to inform the seller about changes in his personal data without undue delay.
9.5. The seller can entrust a third party as a processor with processing the buyer’s personal data. The seller will not give the personal data of the buyer to any third parties without prior consent of the buyer, except for persons transporting the goods.
9.6. Personal data will be processed for an unlimited period of time. Personal data will be processed in electronic form in an automated way or in printed form in a not automated way.
9.7. The buyer confirms that the provided personal data are accurate and that he was instructed that provision of the personal data is voluntary.
9.8.1. In case that the buyer thinks that the seller or the processor (article 5) processes his personal data that are in contradiction with protection of private or personal life of the buyer or in contradiction with the law, especially if the personal data are inaccurate with respect to the purpose of their processing, the buyer can:
9.8.2 ask the seller or the processor for explanation,
9.9. ask the seller or the processor to change the situation incurred in such a way.
9.11. If the buyer asks for information about processing his personal data, the seller is obliged to give him the information. The seller has right to require reasonable remuneration for giving the information not exceeding the costs necessary for giving the information according to the previous sentence.
- SENDING OF COMMERCIAL MESSAGES AND STORING COOKIES
10.1. The buyer agrees with sending information related to the goods, services or the seller’s company to the buyer’s e-mail address and he also agrees with sending commercial messages by the seller to the buyer’s e-mail address.
10.2. The buyer agrees with storing so-called cookies on his computer. In case that the purchase can be made on the web page and the seller’s liabilities arising from the purchase contract can be performed without storing so-called cookies on the buyer’s computer, the buyer can always revoke the consent according to the previous sentence.
11.1. Announcements regarding the relationship between the seller and the buyer, especially regarding withdrawal from the purchase contract, must be delivered by post in the form of the registered letter, unless stated otherwise in the purchase contract. Announcements are delivered to the relevant contact address of the other party and they are taken for delivered and effective in the moment of their delivery by post, except for announcement of withdrawal from the contract made by the buyer, when the withdrawal is effective, if the buyer sends the announcement within the withdrawal period.
11.2. The announcement is taken for delivered, even if the addressee refused to take it over, even if it was not picked up in storage time or even if it came back as undeliverable.
11.3. The contracting parties can deliver the common correspondence to each other via e-mail to the e-mail address stated in the buyer’s user account or stated by the buyer in the order or to the address stated on the seller’s web page.
- FINAL PROVISIONS
12.1. If the relationship set up by the purchase contract contains an international (foreign) element, the contracting parties will negotiate that the relationship is regulated by the Czech legislation. This does not affect the consumer’s rights arising from the generally binding legal regulations.
12.2 If some regulation of the trade terms is invalid or ineffective or it will become invalid or ineffective, the invalid regulation will be replaced by a regulation the sense of which is most similar to the invalid regulation. Invalidity or ineffectiveness of one regulation does not affect validity of other regulations. Alterations and amendments of the purchase contract or of the trade terms require a written form.
12.3. The purchase contract including the trade terms is archived by the seller in electronic form and it is not accessible.
12.4. The annex of the business trades and conditions is created by the sample form for withdrawal from the purchase contract.
Contact data of the seller: address for delivery of the business correspondence: Ke Skalce 331, Želivec, 25168, e-mail address firstname.lastname@example.org , telephone +420 724 372 829.
In Želivec on 17th October 2017