terms and conditions
General Terms and Conditions and Complaints Procedure of the Company
General Terms and Conditions of ANIKAMAX sro, registered office at Legerova 1820/39, Nové Město, 120 00 Prague 2, identification number: 24276669, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 199917, for the sale of goods line shop located at the Internet address www.vetomcz.cz
The Complaints Procedure is an appendix to these Terms and Conditions.
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") of ANIKAMAX sro, registered office at Legerova 1820/39, Nové Město, 120 00 Prague 2, identification number: 24276669, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, In accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of Purchase Contracts (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (the "Buyer") through the Seller's online store. The Seller operates the Website on a website located on the Internet address (hereinafter referred to as the "Website"). through the Website Interface (the "Web Store Interface").
1.2. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person who acts in ordering goods in the course of his business activity or in the course of his / her independent profession.
1.3. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase contract can be concluded in Czech.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the buyer's registration on the website, the buyer can access his user interface. From its user interface, the buyer can order goods (hereinafter referred to as the "user account"). If allowed by the web interface of the shop, the buyer can also order goods without registration directly from the web interface of the shop.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The Buyer is not entitled to 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 his / her user account for a longer period of time or if the buyer breaches his obligations under the purchase contract (including terms and conditions).
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of the goods placed in the web interface of the shop is of informative character and the seller is not obliged to conclude a purchase contract regarding 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 the goods, including the prices of individual goods and the cost of returning the goods, if these goods cannot by their nature be returned by the normal postal route. Prices of goods include VAT and all related fees. Prices of goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
3.3. The store web interface also contains information about the costs associated with packaging and delivery. Information on the costs associated with the packaging and delivery of goods stated in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills in an order form in the web interface of the shop. The order form contains information about:
3.4.1. ordered goods (the ordered goods 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, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of the 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 entered into the order by the buyer, also with regard to the buyer's ability to detect and correct errors arising when entering data into the order. The Buyer shall send the Order to the Seller by clicking on the "" button. The information given in the Order is considered correct by the Seller. buyer's email address ").
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (eg in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone costs) shall be borne by the Buyer, which costs do not differ from the standard rate.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of goods according to the purchase contract may be paid by the buyer to the seller in the following ways:
by bank transfer to Seller's account No. 2200314329/2010, kept by FIO banka a.s. ("Seller's Account");
4.2. Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The Seller does not require the Buyer to pay a deposit or other similar payment. 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 goods in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is payable within days from the 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 the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.6. The Seller is entitled, especially if the Buyer fails to confirm the order (Article 3.6), to request payment of the entire purchase price before sending the goods to the Buyer. 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 usual in the business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document - invoice regarding payments made under the purchase contract. The seller pays value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of goods and sent in electronic form to the buyer's email address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods which has been modified according to the buyer's wish or for himself. which has been irrevocably mixed with other goods after delivery, from a contract for the supply of sealed goods which the consumer has removed from the package and cannot be returned for hygienic reasons and from a contract for the delivery of audio or video recordings or computer software if Original packaging.
5.2. Unless the case referred to in Article 5.1 or any other case where the Purchase Agreement cannot be withdrawn, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days in accordance with Section 1829 (1) of the Civil Code. from the date of receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract of sale must be sent to the seller within the period specified in the previous sentence. Withdrawal from the Purchase Agreement may be sent by the Buyer to, among other things, the Seller's premises or the Seller's e-mail address.
5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. Goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract to the Seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by its nature by normal mail.
5.4. In case of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the seller shall return the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase agreement by the buyer to the account designated by the buyer. The Seller is also entitled to return the performance provided by the Buyer upon returning the goods by the Buyer or otherwise, if the Buyer agrees and does not incur additional costs to the Buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods sent to the seller.
5.5. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer's claim for refund of the purchase price.
5.6. Until the Buyer accepts the goods, the Seller is entitled to withdraw from the contract at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the account specified by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the cancellation condition that if the Buyer withdraws from the purchase contract, the gift contract for such gift ceases to be effective. provided gift.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.
6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
6.3. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with other delivery methods.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the event of a violation of the packaging, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier.
6.5. Other rights and obligations of the parties in the carriage of goods may be governed by special delivery terms of the seller, if issued by the seller.
7. RIGHTS OF DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties in respect of rights from 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).
7.2. The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer took over the goods:
7.2.1. the goods have the properties agreed by the parties and, in the absence of an agreement, the goods described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out,
7.2.2. the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
7.2.3. the goods conform to the quality or design agreed upon in the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
7.2.4. the goods are of an appropriate quantity, measure or weight, and
7.2.5. the goods comply with legal requirements.
7.3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear of the goods caused by its normal use, by the buyer or if it 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 at the time of receipt. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
7.5. Rights from defective performance are exercised by the Buyer at the Seller at the address of its Seller, where acceptance of the claim is possible with respect to the assortment of the goods sold, possibly also at the registered office or place of business. The moment when the seller has received the goods from the buyer is considered the moment of claiming.
7.6. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the Seller's Complaints Procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code.
8.3. Out-of-court settlement of consumer complaints is provided by the seller via an electronic address. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's email address.
8.4. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5. The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The protection of the 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 to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and (collectively referred to as "personal data").
9.3. The Buyer agrees with the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the purchase contract and for the purpose of maintaining a user account. Unless the Buyer chooses otherwise, he agrees to the processing of personal data by the Seller also for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety pursuant to this Article is not a condition that would in itself preclude the conclusion of a purchase contract.
9.4. The Buyer acknowledges that he / she is obliged to provide his / her personal data (at registration, in his / her user account, when ordering from the web interface of the shop) correctly and truthfully and that he / she is obliged to inform the Seller without undue delay.
9.5. The Seller may authorize a third party to process the Buyer's personal data as a processor. Except for persons transporting goods, the Seller shall not pass on personal data to third parties without the Buyer's prior consent.
9.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer confirms that the personal information provided is accurate and that he / she has been advised that this is a voluntary disclosure of personal information.
9.8. Should the Buyer believe that the Seller or the processor (Article 9.5) is processing his personal data that is contrary to the protection of the Buyer's private and personal life or the law, especially if the personal data are inaccurate with respect to for the purpose of their processing, may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation.
9.9. If the buyer asks for information about the processing of their personal data, the seller is obliged to provide this information. The Seller has the right to request reasonable compensation not exceeding the costs necessary for providing the information pursuant to the previous sentence.
10. SENDING BUSINESS MESSAGES AND STORING COOKIES
10.1. The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address.
10.2. The buyer agrees to the storing of cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may at any time withdraw the consent under the previous sentence.
11.1. It may be delivered to the Buyer at the Buyer's email address.
12. FINAL PROVISIONS
12.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, a provision whose meaning is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. A standard form for withdrawal from the purchase contract is attached to the Terms and Conditions.
12.5. Seller's contact details: delivery address, e-mail address, telephone.
The Business Terms and Conditions in this wording come into effect on 1 August 2019
Annex No. 1 to the General Terms and Conditions - model form for withdrawal from the contract:
My first and last name
My phone and e-mail
Notice of withdrawal
on ________ through your e-shop www.__________.cz I concluded a purchase contract with you, which was related to the following goods:
I received this product on __________
Given that the contract was concluded via the Internet, ie a typical means of distance communication, I have decided to exercise my right under the provisions of Section 1829 (1) in conjunction with Section 1818 of Act No. 89/2012 Coll. Code, as amended, and hereby declare that I withdraw from the above purchase contract.
I am sending you the goods back in a separate shipment and I also ask you to remit the purchase price of ___________ CZK (EUR) and _________ CZK (EUR) for postage to my bank account no. ______________________, within 14 calendar days of delivery of this withdrawal .
Copy of purchase document, invoice
Annex No. 2 to the General Terms and Conditions
Right of the buyer (customer) to claim defective goods
1. ANIKAMAX s.r.o. is responsible for delivering goods to buyers provided that the goods are of the required quality, quantity and design according to the contract and are packed in the manner specified in the contract or in the general terms of delivery.
2. If there is a defect in the goods, ie the condition when the goods are not delivered in accordance with the purchase contract, the buyer (orderer) has the right to claim this defect.
3. The legitimacy of the claim is decided by the executive or employee of ANIKAMAX s.r.o.
4. Complaints must be settled without undue delay. If there is an agreement on the removal of the defect, it can be removed in a longer period. If the buyer (customer) is not satisfied with the settlement of the complaint within ANIKAMAX s.r.o., he can exercise his right through the court.
5. The Seller does not assume any claims for possible reimbursement of costs related to the complaint or the possible replacement of a defective product, unless it has expressly committed to this in the contract.
Making a claim
The claim is made by the buyer (orderer) at the seller. Complaints can be made by e-mail or in person or by telephone (see the contacts section on the website). The buyer (ordering party) is obliged to prove that his claim for settlement of the claim is justified, ie. that the buyer (the customer) must lodge the complaint without undue delay within the deadlines according to § 2112 and § 2618 of the Czech Republic. of the Civil Code.
Warranty period and deadline for making a claim
1. A condition for accepting a claim is:
- Application during the warranty period
- Compliance with the conditions set out in the product manual, warranty card or generally known rules of use
- that the goods are not defective due to improper handling by the buyer (customer) / user or due to normal wear and tear
- the presentation of the guarantee certificate, if any
- payment of the purchase price or the price of the work for the delivered goods
2. The warranty period is:
- 24 months from the date of receipt of the goods, unless otherwise specified in the contract, the warranty terms of the particular product, other warranty period
3. The warranty period starts from the receipt of the goods by the buyer (ie the contractual partner, not the end customer).
4. The warranty period should not be confused with the normal life of the goods, ie the period during which the goods can withstand due to their properties, their intended purpose and differences in intensity of use when properly used and treated.
5. The complaint must be made by the buyer (customer) without undue delay immediately after the defect has been discovered so that the complaint can be properly assessed and settled. Obvious defects caused (eg damage to goods) by the transport service must be claimed directly at the handover directly to the carrier (in the case of transport performed by a different entity than the seller), in the case of internal transport of the seller within 14 days of receipt. In order to make a complaint caused by the transport company, it is necessary to leave the goods at the place of transport, including the original packaging, to obtain adequate documentation of damage (photographs, video, etc.), or to ensure that the damage record is recorded with the transport company.
6. If the complaint of the buyer (customer) is handled in exchange of defective goods for faultless, the new goods do not run for a new warranty period. If the Buyer (Customer) complaints are settled by replacing the goods with new ones, the time that elapses from the lodging of the claim to the moment when the Buyer (Customer) is obliged to take over the goods is not included in the warranty period. If the buyer (the buyer) complaint is repaired, the period of warranty period, which elapses from the claim to the time when the buyer (buyer) is obliged to take over the repaired product, is not included in the warranty period.
1. Removable defects shall be deemed to be such defects where their removal does not impair the appearance, function and quality of the products and the repair can be carried out properly. The Seller shall assess the nature of the defect. The deadline for the removal of the defect shall be set by the Seller in relation to its current operational possibilities.
2. If the defect is removable, the Buyer (Customer) may require free and proper removal of the defect, while the Seller decides whether this will be done by repair or replacement of the item (unless this is disproportionate to the nature of the defect). If it is not possible to remedy the defect, the Buyer (Customer) may request a reasonable discount from the price of the item or withdraw from the contract.
3. In the case of a removable defect of already used goods, the Buyer (Customer) has the right to demand only free, timely and proper removal of the defect, while the Seller has the obligation to remedy the defect within the deadline set by the Seller.
4. The seller may always replace the defective item with a defective one instead of removing the defect.
5. In the case of settling the claim in exchange of goods for faultless, the buyer (customer) is obliged to return the defective goods to the seller. If the goods are not returned within 2 months of the exchange, the buyer (customer) will be charged for the goods at the price valid at the time of purchase.
1. Defects that are not removable are those that cannot be completely remedied within a specified period. If it is an irremovable defect that prevents proper use of the product, the buyer (customer) may, at its option, request:
- replacement of goods for impeccable
- cancellation of the purchase contract and refund of the purchase price
2. The same rights belong to the buyer (the buyer) in case of defects removable, but if due to repeated occurrence
the same defects after repair or due to a number of defects cannot properly use the product. This is usually considered
a product with the same defect after at least two previous repairs.
3. In the case of other irremovable defects that do not prevent the proper use of the product for its intended purpose,
(customer) right to a reasonable discount on the price. If there is a change in customer price from the time of purchase,
the buyer (customer) will be given a discount on the price valid at the time of purchase.
4. If the complaint is settled in exchange of the goods for faultless, the buyer (customer) is obliged to return the defective goods
to the seller. If the goods are not returned within 2 months of the exchange, the buyer (customer) will be charged for the goods at the price valid at the time of purchase
Settle the claim by providing a discount
On the basis of an agreement with the buyer (customer) it is possible to settle his claim also by providing a reasonable discount. If the warranty card has been attached to the goods, the discount and the reason for its provision shall be indicated in this warranty card. If there is a change in the customer price from the time of purchase of the goods, the buyer (customer) will be given a discount on the price valid at the time of purchase.
Goods sold at lower prices
1. Products used, or products having defects which do not prevent the product from being used for its intended purpose, shall be sold only at lower prices.
2. It is necessary to inform the buyer (customer) that the product has a defect and what the defect is. The seller is not responsible for such defects of new or used products for which a lower price was agreed.
3. If the price has been reduced for business reasons (eg due to the post-season sale) and if it is a sale of new impeccable goods, the seller is fully responsible for defects of the sold goods.
In disputes arising from the complaint procedure, the court shall decide on the seller's registered office.