General Terms and Conditions
- These General Terms and Conditions (hereinafter the „“Terms and Conditions”“) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the„“Civil Code”“)
VAT ID: CZ6111261035
registered office: Třeboňské předměstí 371, 37816 Lomnice nad Lužnicí
registered in the Trade Register at the Municipal Office of Třeboň
(hereinafter referred to as ) “Seller”)
- These Terms and Conditions regulate the mutual rights and obligations of the Seller and the natural person who concludes the purchase contract outside its business as a consumer or in the course of its business (hereinafter referred to as “Buyer”) through the web interface located on the website available at www.coleopterafarm.cz/e-shop (hereinafter referred to as “e-shop”).
- The provisions of the Terms and Conditions form an integral part of the purchase contract. Divergent provisions in the purchase contract shall take precedence over the provisions of these terms and conditions.
- These terms and conditions and the purchase contract are concluded in Czech and English.
Product information and prices
- Information about the goods, including the prices of the individual goods and its main features, is given for the individual goods in the online store catalog. The prices of the goods are inclusive of value added tax, all related fees and the cost of returning the goods, if such goods cannot by their nature be returned by the normal postal route. The prices of the goods remain valid for as long as they are displayed in the online store. This provision shall not preclude the conclusion of a purchase contract under individually negotiated conditions.
- All presentations of goods placed in the catalog of the online store are of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
- The online shop publishes information on the costs associated with packaging and delivery of goods. Any discounts on the purchase price of the goods cannot be combined, unless the seller and the buyer agree otherwise.
Order and conclusion of the purchase contract
- The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself. These costs do not differ from the standard rate.
- The buyer orders the goods in the following ways:
– through his / her customer account if he / she has previously registered in the online store,
– by filling in the order form without registration.
- When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
- Before sending the order, the buyer is allowed to check and change the data entered in the order. The buyer sends the order to the seller by clicking on the “Place order” button. The data listed in the order they are deemed correct by the seller. The condition of validity of the order is to fill in all required information in the order form and to confirm the buyer that he / she has become acquainted with these terms and conditions.
- Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded after the receipt of the order by the seller. The order receipt is delivered to the buyer’s email address.
- In the event that any of the requirements specified in the order cannot be met by the seller, the seller will send a modified offer to the buyer’s email address. The amended offer is considered a new draft purchase agreement and the purchase agreement is in such a case concluded by the buyer confirming the acceptance of the offer to the seller to his email address specified in these terms and conditions.
- All orders received by the Seller are binding. The buyer may cancel the order until the buyer receives a notification of receipt of the order by the seller. The Buyer may cancel the order by telephone to the Seller’s telephone number or e-mail address specified in these Terms and Conditions.
- In the event of a manifest technical error on the part of the Seller in stating the price of the goods in the online store or during ordering, the Seller shall not be obliged to deliver to the Buyer the goods for this obviously erroneous price. of these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and send the Buyer an amended offer to the Buyer’s email address. The amended offer is considered a new draft purchase contract and the purchase contract is in this case concluded by confirmation of receipt by the buyer to the seller’s e-mail address.
- Based on the buyer’s registration in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
- When registering in the customer account and ordering goods, the buyer is required 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 customer account and when ordering goods are considered correct by the seller.
- Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer account by third parties.
- The Buyer is not entitled to allow third parties to use the Customer Account.
- The seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer breaches his obligations under the purchase contract or these terms and conditions.
- The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller or the Seller. necessary maintenance of third party hardware and software.
Payment terms and delivery of goods
- The price of the goods and any costs associated with the delivery of goods under the purchase contract can be paid by the buyer in the following ways:
– cashless payment card,
– bank transfer to the seller’s account through the PayU payment gateway,
– cash on delivery, if the carrier allowe this method,
– in cash or by credit card at the premises,
– in cash or by credit card for personal collection of the parcel dispatcher
- Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price includes the costs associated with the delivery of goods.
- In the case of cash payment, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is due within 5 working days from the conclusion of the purchase contract.
- In the case of payment through a payment gateway, the buyer follows the instructions of the respective electronic payment provider.
- 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 bank account.
- The Seller does not require any advance or similar payment from the Buyer. The payment of the purchase price before sending the goods is not a deposit.
- Pursuant to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, in case of technical failure within 48 hours at the latest
- Goods are delivered to the buyer:
– to the address specified by the buyer in the order
– by personal collection at the places and dates stated in the offer when choosing the method of delivery “Personal Acceptance” or by prior agreement at the Seller’s registered office.
- The method of delivery is selected when ordering the goods.
- The costs of delivery of the goods depending on the method of sending and receiving the goods are stated in the buyer’s order and in the order confirmation by the seller. 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.
- 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. 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.
- 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 case of finding a breach of the package, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier.
- The Seller shall issue to the Buyer a tax document – an invoice. The tax document is sent to the buyer’s email address or a link to download the document is sent to the buyer. The buyer acquires the title to the goods by paying the full purchase price for the goods, including delivery costs, but at first taking over the goods.
- Liability for accidental destruction, damage or loss of the goods shall pass to the Buyer at the moment of acceptance of the goods or at the moment when the Buyer was obliged to take over the goods, but did not do so contrary to the purchase contract.
Withdrawal from the contract
- The buyer who concluded the purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
- The withdrawal period is 14 days
– from the date of receipt of the goods,
– from the date of receipt of the last delivery of the goods, where the contract covers several types of goods or supplies of several parts,
– from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
- Among other things, the buyer cannot withdraw from the purchase contract
– the provision of services if they have been performed with his prior express consent before the withdrawal period has expired and the seller has informed the buyer before the conclusion of the contract that he is not entitled to withdraw from the contract,
– the supply of goods or services the price of which depends on fluctuations in the financial market, irrespective of the seller’s wishes, and which may occur during the withdrawal period,
– the supply of alcoholic beverages, which may be supplied after 30 days and whose price depends on fluctuations in the financial market, independent of the seller’s will,
– the supply of goods which have been modified at the buyer’s request or for his person,
– the supply of perishable goods and goods which have been irreversibly mixed with other goods after delivery,
– the supply of goods in sealed packaging which the purchaser has removed from the packaging and cannot be returned for hygiene reasons,
– the supply of an audio or video recording or a computer program if it has breached their original packaging,
– on the supply of newspapers, periodicals or magazines,
– for the delivery of digital content, if not delivered on a tangible medium and delivered with the Buyer’s prior express consent before the withdrawal period has expired and the Seller has informed the Buyer that he has no right of withdrawal before concluding the contract,
– in other cases referred to in § 1837 of the Civil Code.
- To comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
- For withdrawal from the contract, the buyer may use the model withdrawal form provided by the seller. Withdrawal from the Purchase Agreement shall be sent by the Buyer to the Seller’s e-mail or delivery address specified in these Terms and Conditions. The Seller shall confirm the receipt of the form to the Buyer without delay.
- The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the withdrawal from the contract to the seller. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by their normal postal nature.
- If the Buyer withdraws from the Contract, the Seller shall return to him / her without delay, but no later than 14 days from the withdrawal from the Contract, all funds including delivery costs received from him in the same manner. The Seller shall return the funds received to the Buyer by other means only if the Buyer agrees with it and does not incur additional costs.
- If the Buyer has chosen a method other than the cheapest method of delivery offered by the Seller, the Seller shall return to the Buyer the cost of delivery corresponding to the cheapest method of delivery offered.
- If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that the goods sent to the seller.
- The goods must be returned to the Seller undamaged, unused and unpolluted and if possible in the original packaging. 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.
- The Seller is entitled to withdraw from the Purchase Agreement due to the stock sellout, unavailability of the goods or when the manufacturer, importer or supplier of the goods interrupted the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the Order and shall return all funds including delivery costs received by the Buyer within 14 days of the notice of withdrawal, in the same way or in the manner specified by the Buyer .
Rights from defective performance
- The Seller shall be liable 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 the buyer took the goods
– the goods have the characteristics agreed by the parties and, in the absence of an agreement, those characteristics 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,
– the goods are fit for the purpose stated by the seller or for which goods of this kind are normally used,
– the goods correspond to the agreed specimen or model in terms of quality or design, if the quality or design has been determined on the basis of the agreed sample or model,
– the goods are of an appropriate quantity, measure or weight, and
– the goods comply with legal requirements.
- Obligations arising from defective performance shall be at least in the extent of the Seller’s obligations arising from defective performance. The buyer is otherwise entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
- If the goods to be sold, on their packaging, in the instructions accompanying the goods or in an advertisement, in accordance with other legislation, indicate the period during which the goods may be used, the quality guarantee provisions shall apply. The Seller undertakes to ensure that the goods will be fit for normal use for a certain period of time or that they will retain their normal properties. If the Buyer has rightfully complained to the Seller of the defect of the goods, the period for exercising the rights from defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective goods.
- The provisions mentioned in the preceding paragraph 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, or if it results from the nature of the goods. The Buyer shall not be entitled to any defective performance if he / she knew before the goods were taken over that the goods had a defect or if the Buyer himself caused the defect.
- In the event of a defect, the buyer may submit a claim to the seller
– replacement for new goods,
– repair of goods,
– a reasonable discount on the purchase price,
– withdrawal from the contract.
- The buyer has the right to withdraw from the contract,
– where the goods are materially defective,
– if the item cannot be properly used for the repeated occurrence of a defect or defects after repair,
– in case of multiple defects of the goods.
- Significant is a breach of contract that the breaching party already knew or must have known at the time of the conclusion of the contract if the other party had not foreseen the breach.
- For a defect that constitutes a minor breach of the contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to remedy the defect or a reasonable discount on the purchase price.
- If a removable defect occurred repeatedly after repair (usually a third complaint for the same defect or a fourth for different defects) or if the goods have a number of defects (usually at least three defects at the same time), the buyer has the right to claim a discount on the purchase price, withdraw from the contract.
- When making a complaint, the buyer is obliged to inform the seller what right he has chosen. A change of choice without the Seller’s consent is possible only if the Buyer has requested the repair of a defect that proves to be irremovable. If the buyer does not choose his right from a substantial breach of contract in time, he has the same rights as in a minor breach of contract.
- If repair or replacement of the goods is not possible, the buyer may require the full refund of the purchase price upon withdrawal.
- If the Seller proves that the Buyer knew about the defect or caused it before accepting it, the Seller is not obliged to comply with the Buyer’s claim.
- The buyer cannot claim discounted goods for the reason for which the goods are discounted.
- The Seller is obliged to accept the complaint at any establishment in which the acceptance of the complaint is possible or at the registered office or place of business. The Seller is obliged to give the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and what method the complaint is requested by the Buyer, as well as confirmation of the date and method of handling the complaint, rejection of the complaint.
- The seller or an employee authorized by the seller decides the claim immediately, in complex cases within three working days. This period does not include a reasonable time depending on the type of product or service required for expert assessment of the defect. Complaints, including the removal of defects, must be handled promptly, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The expiry of this period in vain is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract. The moment when the claim of the buyer (the exercise of the right from defective performance) occurs to the seller is considered the moment of the claim.
- The seller informs the buyer in writing about the result of the claim.
- The buyer does not have the right from defective performance if the buyer knew before the takeover of the thing that the thing was defective or if the buyer himself caused the defect.
- In the case of a justified claim, the buyer has the right to compensation for reasonably incurred costs incurred in connection with the claim. The buyer can exercise this right with the seller within one month after the warranty period, otherwise the court may not grant it.
- The buyer has the choice of way of claiming.
- The rights and obligations of the contracting parties regarding rights from defective performance are governed by 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
Special arrangements for the supply of live invertebrates
- The standard take-off point is the event ZIVA EXOTIKA (info at www.zivaexotika.cz) or the registered office of the seller on a date agreed in advance between the seller and the customer. It is possible to choose another way of delivery through the carrier according to the offer in the order process.
- Invertebrates are sent in the Czech Republic on Mondays to Wednesdays inclusive, always abroad on Mondays if the following days of the week do not follow a public holiday.
- Complaints to live invertebrates or withdrawal from the contract can be made no later than 48 hours from the receipt of goods and the claim must include photo documentation, which clearly indicates the reason for the complaint (death, illness, etc.).
- The Seller shall then provide the Buyer with a refund of the same quantity and type, if available, or refund the purchase price as set out in point VI / 7.
- The Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver the correspondence to the Buyer to the e-mail address specified in his customer account or order.
- All information provided by the Buyer in cooperation with the Seller is confidential and will be treated accordingly. If the buyer does not give written permission to the seller, the seller will not use the buyer information other than for the purpose of performance of the contract, except for the e-mail address to which commercial communications can be sent, as this is allowed by law unless explicitly rejected. These communications may only relate to similar or related goods and may be unsubscribed at any time (by sending a letter, e-mail or clicking a link in a commercial message). For this purpose, the e-mail address shall be retained for a period of 3 years from the conclusion of the last contract between the parties.
Out-of-court settlement of disputes
- The Czech Trade Inspection with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No .: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the sales contract.
- European Consumer Center Czech Republic with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 December. May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
- 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. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection.
- All arrangements between the seller and the buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the consumer’s rights under generally binding legal regulations.
- 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.
- All rights to the Seller’s website, especially copyright to the content, including page layout, photos, movies, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or its part without the consent of the seller.
- The Seller shall not be liable for errors resulting from interference of third parties in the Internet shop or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not engage in any activity that may allow him or third parties to tamper with or use the software or other components of the online store and use the online store, or parts or software equipment in such a manner as to conflict with its purpose or purpose.
- The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
- The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
- The Seller may change or supplement the text of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
- A specimen withdrawal form is attached to the Terms and Conditions.
These Terms and Conditions come into effect on 1.2.2020