These general terms and conditions (hereinafter also referred to as GTC) apply to purchases in the online store Bohemiapetfood.cz, operated by Bohemia Pet Food s.r.o., Company ID: 241 64 950, with registered office at U Pelikána 945/4, 252 19 Rudná (hereinafter referred to as the "Operator"). These GTC govern the relationships between the Buyer and the Seller in the area of goods sales between Bohemia Pet Food s.r.o., Company ID: 241 64 950, with registered office at Masarykova 1089/189, 252 19 Rudná (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 submitting an order, the Buyer confirms that they have acquainted themselves with these terms and conditions, whose integral part is the complaint procedure, and that they agree with them. The Buyer is warned of these terms and conditions in a sufficient manner before placing the order itself and has the opportunity to familiarize themselves with them.
1. Seller
The Seller is Bohemia Pet Food s.r.o., Company ID: 241 64 950, with registered office at Masarykova 1089/189, 252 19 Rudná.
2. Buyer
The Buyer is a consumer or entrepreneur.
Consumer is a natural person who, when concluding and fulfilling the purchase Agreement with the Seller, does not act within the scope of their trade or other business activities or within the scope of their independent profession. A consumer, when starting business relationships, provides the Seller only with their contact details necessary for the smooth processing of the order, or information that they want to be included on the purchase documents.
The legal relationships of the Seller with the consumer not explicitly governed by these GTC are governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, both in effect, as well as related regulations.
Entrepreneur is understood as:
The legal relationships of the Seller with a Buyer who is an entrepreneur not explicitly governed by these GTC or by the Agreement between the Seller and the Buyer are governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, in effect, as well as related regulations.
An individual Agreement between the Seller and the Buyer takes precedence over the terms and conditions.
3. Consumer Agreement
A purchase agreement, a work contract, or other contracts under the Civil Code, if one party is a consumer and the other party is a supplier, i.e., the Seller.
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 valid in the territory of the Czech Republic. By their free decision (by pressing the add to cart button), the Buyer expresses that they are aware of all the above-mentioned facts and agree to the further processing of their personal data for the purposes of the Seller's business activities of this e-shop. Providing personal data is voluntary; you have the right to access your data and are entitled to protection of your rights to the extent provided by law. This consent can be revoked in writing at any time. Personal data will be fully secured against misuse. Data will be stored and will not be shared with third-party applications.
By providing the mentioned personal data and clicking the confirming icon, the Buyer voluntarily agrees that the data provided to the extent they filled in in the specific case or that was obtained about them based on the concluded purchase Agreement or in connection with browsing the Seller's website will be processed by the Operator and the Seller, whose information is provided in the Preamble of these terms, as the controller for the purpose of offering services and products of the controller, sending information about the controller's activities, even by electronic means (especially email, SMS messages, telemarketing) in accordance with Act No. 480/2004 Coll., until the revocation of this consent (e.g., by sending any message to email: info@bohemiapetfood.cz). The controller may authorize third parties, as processors, to process the aforementioned personal data.
The controller hereby informs the data subject and provides explicit instructions about the rights arising from Act No. 101/2000 Coll., on the Protection of Personal Data, namely that providing personal data to the controller is voluntary, that the data subject has the right to access them, has the right to revoke the above consent in writing at the address of the controller, and further has the right in case of violation of their rights to contact the Office for Personal Data Protection and request appropriate remedy, which is, for example, abstaining from such action by the controller, removal of the created state, provision of an apology, carrying out the correction or supplementing, blocking, disposal of personal data, payment of monetary compensation, as well as exercising other rights arising from § 11 and 21 of this law. If the Buyer wishes to correct the personal data that the Seller processes about them, they can request this at the email address info@bohemiapetfood.cz or at the aforementioned postal address of the Seller.
The Buyer is entitled to order goods from the Seller through the e-shop ordering system or by phone.
The proposal to conclude the purchase agreement is the placement of the offered goods by the Seller on the website; the purchase agreement is formed by sending the order or by a telephone order from the Buyer who is a consumer and the acceptance of the order by the Seller. The Seller will promptly confirm this acceptance to the Buyer with an informative email to the provided email; however, this confirmation does not affect the creation of the Agreement. The created Agreement (including the agreed price) can only be changed or canceled by mutual agreement of the parties or for legal reasons.
These GTC are drafted in the Czech language, and the purchase agreement can also only be concluded in the Czech language. A consumer who has permanent residence in a member state of the European Union outside the territory of the Czech Republic or who is a citizen of a member state of the European Union outside the territory of the Czech Republic agrees to conclude the purchase agreement in the Czech language by confirming the order. After the conclusion of the purchase agreement, it is not possible to determine whether any errors arose during data processing prior to the submission of the order, or to correct these errors. The concluded purchase agreement is archived by the Seller and is accessible to the Buyer upon request for a period of 3 years from the date of its signing.
The prices listed on the seller's e-shop are contractual, final, always current, and valid for as long as they are offered by the Seller in the online store. Shipping costs are stated in the "Shipping and Payment" section. The costs of using long-distance communication means are borne by the Buyer. The final calculated price after filling in the order form already includes shipping costs. The price at the conclusion of the Agreement between the seller and the buyer is the price stated for the goods at the time of ordering.
The tax document based on the purchase Agreement between the Seller and the Buyer also serves as a delivery note. The Buyer may only take possession of the goods after it has been fully paid, unless otherwise agreed.
In the event that the Buyer makes a payment and the Seller is subsequently unable to ensure the delivery of the goods, the Seller will promptly return the fulfillment to the Buyer in the agreed manner. The time limit for the return of the incurred funds depends on the chosen method of their return, but must not exceed 30 days from the moment when this impossibility arose.
The goods remain the property of the seller until full payment is made. The Seller accepts the following payment methods:
The Seller fulfills the delivery of the goods by handing over the goods to the Buyer or by handing over the goods to the first carrier, thereby transferring the risk of damage to the goods to the Buyer. Product availability is always stated in the detail of the product. The delivery time depends on the product availability, payment conditions, and delivery conditions, and is a maximum of 1 day. In normal cases, we dispatch goods within 1 working day after the full purchase price has been paid. The final delivery date is always indicated in the email confirming the order. The installation of the purchased goods is not included in the delivery. Together with the shipment, the Buyer will receive a tax document/invoice.
The delivery time begins for goods that will be paid for by the Buyer upon receipt, i.e., cash on delivery, from the day of valid conclusion of the purchase Agreement according to Article IV. of these GTC. In the event that the Buyer chose a different payment option than paying for the goods upon receipt, the delivery time begins to run only after the full purchase price has been paid, i.e., from the moment the relevant amount is credited to the Seller's account.
The Seller accepts the following delivery conditions:
In the case of exchanging goods within 14 days from the purchase of the goods, the Buyer will be charged for shipping costs for each individual shipment of goods to the Buyer.
In the case of the Buyer returning goods to the Seller within 14 days, the shipping costs will be borne by the Seller. In the case of ordering goods worth more than 1500 CZK, the shipping and payment costs will be borne by the Seller.
When selling consumable goods, the warranty period is 24 months; when selling foodstuffs, the warranty period is eight days, when selling feed, three weeks, and when selling animals, six weeks. If there is a period of use marked on the sold item, its packaging, or accompanying instructions in accordance with special legal regulations, the warranty period expires at the end of this period.
The warranty does not cover wear and tear of the item caused by its normal use. For items sold at a lower price, the warranty does not cover defects for which the lower price was agreed. If the items are used, the seller is not responsible for defects corresponding to the degree of use or wear and tear that the item had at the time of receipt by the Buyer.
For the enforcement of warranty repairs, it is necessary to present the purchase document (receipt, invoice, leasing contract), or warranty card. In the case of sending goods to the Seller, it is necessary to pack the goods for transport in such a way as to prevent damage during transport.
The Seller does not provide post-warranty service to the Buyers.
If a defect occurs during the warranty period, the Buyer, depending on the nature of the defect, has the following rights when exercising the warranty:
in the case of removable defects:
a.) the right to free, proper, and timely removal of the defect
b.) the right to exchange the defective goods or defective part, if this is not unreasonable given the nature of the defect
c.) if the procedures mentioned in points a.) and b.) are impossible, the Buyer has the right to a reasonable discount on the purchase price or to withdraw from the purchase agreement
in the case of non-removable defects:
a.) the right to exchange the defective goods or to withdraw from the purchase agreement
in the case of removable defects, if the Buyer cannot properly use the item due to the repeated occurrence of the defect after repair (i.e., the goods have already been claimed three times for the same defect) or for a greater number of defects
a.) the right to exchange the defective goods or withdraw from the purchase agreement
in the case of other non-removable defects and if the consumer does not request the exchange of the item:
a.) the right to a reasonable discount on the purchase price or to withdraw from the purchase agreement Claims can be made to the Seller at any of their establishments.
Complaints do not apply to cases:
Due to the nature of the purchase Agreement concluded through distance communication, the Buyer, who is a consumer, has the right to withdraw from this Agreement without any penalty within 14 days of receiving the goods. Furthermore, the Buyer, who is a consumer, has the right to withdraw from the Agreement in accordance with § 53 paragraphs 7 and 8 of Act No. 40/1964 Coll., the Civil Code, as amended. The aforementioned does not apply to a Buyer who is an entrepreneur and concludes a purchase Agreement in connection with their business activities. In the case of the aforementioned withdrawal from the agreement, the purchase price will be sent back to the Buyer's bank account, which the Buyer will communicate to the Seller for this purpose.
The Seller has the right to withdraw from the Agreement if the Buyer does not pay the full purchase price within 30 days from the date of conclusion of the purchase Agreement.
The Buyer will allow the Seller to fulfill its obligations in accordance with the Offer/Agreement, to which the Buyer will provide all necessary cooperation.
The Buyer undertakes to cover all costs incurred by the Seller for sending reminders and costs related to the recovery of any claims.
The Buyer acknowledges that the Seller is entitled to assign its claim from the Agreement to a third party.
The Buyer will promptly inform the Seller of any changes to their identification data, no later than 5 working days after such change occurs.
The parties undertake to make every effort to amicably resolve all disputes arising from the Agreement and/or GTC or in connection with them.
The mutual contractual relationship of the parties is governed by the legal order of the Czech Republic, especially Act No. 40/1964 Coll., the Civil Code, in effect. For the purposes of contracting with an international element, in accordance with Article III of Regulation No. 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council of the European Union on June 17, 2008 (hereinafter referred to as "Rome I"), they have chosen Czech law as the governing law for the purchase Agreement and these GTC, excluding the application of the "UN Convention on Contracts for the International Sale of Goods". This choice does not affect Article VI of Rome I regarding consumer agreements.
In the event that any provision of the Agreement and/or GTC is or becomes or will be found invalid or unenforceable, this shall not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the Agreement and/or GTC. In such cases, the contracting parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that will have the same and legally permissible meaning and effect as was intended by the provision to be replaced.
Out of legal precaution, the contracting parties declare that for the purposes of contracting with an international element for any disputes (except for disputes which fall under the exclusive jurisdiction of an arbitrator and/or in connection with them) or for cases in which it would be determined by a court decision that there is no jurisdiction for an arbitrator under this Article of the GTC, that in accordance with Article 23 of Council Regulation (EC) No. 44/2001 of December 22, 2000, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the exclusive jurisdiction of the city court is established for the resolution of all future disputes arising from the Agreement and/or
GTC and/or in connection with them. Similarly, the contracting parties hereby establish the exclusive jurisdiction of the city court for all disputes related to the Agreement and GTC (except for disputes which fall under the exclusive jurisdiction of an arbitrator and/or in connection with them).
These GTC take effect and come into force on November 1, 2014, and are also available on the Seller's website. The Seller is entitled to change these GTC at any time. The GTC then lose validity and effectiveness on the day the later GTC take effect.
