General Terms & Conditions
Pet Farm Family s.r.o., based in Prague, Czech Republic, Ocelářská 392/9. Business ID: 042 36 521, registered at the trade register at Prague Municipal Court, reference number 244588, manufacturer registration number: CZ801606-01 (“Provider”), who is the owner and provider of the internet domain www.petfarmfamily.com, is issuing these general terms and conditions in accordance with the effective legislation, applicable from 25 May, 2018 (“Terms and Conditions”).
DEFINITION OF KEY TERMS
The listed shortcuts or terms have the meaning given below unless stated otherwise:
“Civil Code” means the Act no. 89/2012 Sb., Civil Code, as amended;
“Consumer Protection Act” shall mean the Act no. 634/1992 Sb., on consumer protection, as amended;
“Copyright Act” shall mean the Act no.121/2000 Sb., on copyright and related rights and on the amendment of certain acts (copyright act), as amended;
“Personal Data Protection Act” shall mean the Act no. 101/2000 Sb., on the protection of personal data, as amended;
"GDPR" is a Regulation (EU) 2016/679 of the EP and the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (general data protection regulation), effective from 25. 5.2018;
“Bank Account” shall mean the Provider's bank account number: 4964608369/0800;
"Portal" shall mean the Provider's website located at www.petfarmfamily.com;
"Online store" shall mean the online store operated by the Provider;
"Order" is the manifestation of the Customer's will to purchase the goods sold by the Provider on the online store and the subsequent payment of the purchase price for the goods. This manifestation of the Customer's will is understood in the sense of § 1731 et seq. of the Civil Code as a proposal to conclude a contract with the Provider. The contractual relationship within the scope of § 1820 et seq. of the Civil Code between the Provider and the Customer begins at the moment of the Order confirmation by the Provider. The Provider is required to send the goods to the customer, for which the amount corresponding to the purchase price of the goods was paid to Provider;
"Customer" is any natural or legal person who shall place an Order at the Online Store;
“Consumer," in accordance with § 2, paragraph 1 of the Consumer Protection Act, is a natural person who completes an Order separately from their business or exercise of their profession;
“Contract” is a contract made at a distance in accordance with § 1820 et seq. of the Civil code, between Provider as the seller and Customer as the purchaser, the object of which is a sale of goods from the online store by the operate and the payment of the purchase price for the goods by the Customer.
“Withdrawal Form” is a form that is available on the Provider's Portal and is used to exercise the right of withdrawal from the Contract following § 1829 et seq. of the Civil Code.
III. PLACING AN ORDER
Provider of the online store, as the seller, offers various goods of various prices to potential Customers, as buyers. All prices for goods and services posted on the Portal are final, except in cases when specific requirements for the product are asked of the producer (inclusion or exclusion of ingredients in a good, etc.). In such cases, the price is based on the previous agreement between Customer and Provider.
This offer is non-binding for Provider and Provider is not required to close a contract with a Customer without further agreement. The online store provides an intuitive interface that will guide the visitor through the order process.
The contract is formed upon confirmation of the order by Provider with an e-mail addressed to the Customer. The subjects of the contract are: 1.) the Customer's obligation to pay the agreed upon purchase price for Provider's goods and at the same time 2.) the obligation of Provider to deliver the goods to the Customer, following the agreed upon method of delivery.
Provider, as the seller, reserves the right to refuse to seal the contract with a Customer who has knowingly violated the Terms and Conditions in the past.
By placing an Order and checking the "I agree to the general terms and conditions" box, the Customer confirms that they agree and acknowledge the terms and conditions without reservation.
ORDER CANCELLATION AND WITHDRAWAL FROM A CONTRACT
The Customer has a right to cancel their Order up until the order is confirmed by Provider, or the moment the payment is processed by Provider. The Customer cannot cancel an order that has been paid for. To cancel the order, a written notice must be sent to Provider at email@example.com with details concerning the Order.
The Provider reserves the right to fully or partially cancel an Order in cases when (i) the goods are no longer produced or the product has changed significantly (different ingredients, etc.), or when (ii) the Customer cannot be reached (e.g. because of the absence of communication on their part). If the situation, such as the one described in the preceding sentence, arises the Provider shall inform the Customer about it, if possible, and in case the Customer has already paid the purchase price, the Provider shall send the money back to the Customer in 15 working days or less.
The procedure for withdrawal from the contract in case of a Consumer customer is governed by the relevant provisions of the Civil Code, in particular, § 1829 et seq.
The Consumer can exercise their withdrawal right without any reason within 14 days of receipt. This is without prejudice to § 1837 of the Civil Code regulating the cases in which the Consumer cannot terminate the contract.
In the event of withdrawal, the Consumer and the Provider are obliged to return without delay their reciprocal performance. The costs associated with returning the purchased goods are borne exclusively by the Consumer. In the event of having to return the goods purchased, the Consumer is obliged to return the goods together with all the documents depicting the contractual relationship with the Provider. The consumer, in accordance with section 1833 Civil Code corresponds to Provider only for the reduction of the value of the goods, which was founded as a result of the management of this item other than is necessary to deal with it with respect to its nature and properties.
If the Consumer wishes to exercise their right to withdraw from the Contract, they must inform the Provider within 14 days of receipt. The Provider can be notified concerning the Contract withdrawal by sending a written notice to firstname.lastname@example.org, or by regular letter sent to the Provider's physical address. To withdraw from the contract, the consumer can take advantage of the Withdrawal Form, which is available on the Provider's portal. The consumer is obliged to send the goods which have been the subject of the Contract to the Provider. The Consumer shall bear the cost of returning the goods. After receipt of the returned goods, Provider shall send the amount corresponding to the purchase price for the goods to the Consumer, unless agreed otherwise by both parties. In the context of withdrawal from the Contract, an exchange of returned goods for other goods from the Provider's portal can be individually arranged. The possible purchase price difference shall be settled.
The customer is obliged to pay the price for the goods, including associated fees (shipping, packaging, etc.) and the Provider is not obliged to ship the goods until the payment has been processed for the full amount of the goods purchased.
The customer has the option to choose one of these payment methods during the Order process:
a/ cash on delivery – customer pays for the goods on delivery by the courier,
b/ credit/debit card payment – Braintree payment gateway
c/ PayPal – online payment gateway for credit card holders that support online payments,
d/ bank transfer – the buyer pays for the goods by transferring money to the seller's bank account. Seller's bank account number: 8900728001 / 5500, the Customer is required to enter their Order number into the variable symbol field.
WARRANTY AND CLAIMS
The Provider is responsible for the defects of goods sold to Customers according to relevant provisions of the Civil Code if the defects occur within the warranty period. If the Customer is also a Consumer, the Provider is responsible for the defects according to the relevant provisions of the Civil Code and the Consumer Protection Act.
The Customer is required to notify the Provider of the defective goods and exercise their liability rights by writing to email@example.com without delay. Customer shall indicate the Order number, item name, brief description of the defects, the circumstances under which the defects manifest themselves and the preferred method of settlement. The Customer is obliged to consistently and truthfully portray all the points according to the previous sentence.
The Provider provides a 24 month-long warranty on their goods, if not otherwise specified for a particular product; the warranty is a guarantee made by the Provider that the product will be able to be used for the usual purpose for a certain period of time, or that it will retain its usual properties.
The warranty starts on the date of receipt of the goods by the customer. The Customer is required to examine the goods immediately upon receipt. Customer shall read the instructions before using the goods and be familiar with the warranty conditions.
The customer is not entitled to exercise their liability rights within the warranty period had the defects or wear been caused by normal use, or where it is due to the nature of the goods, as is the case with perishables.
Customer will be informed on the outcome of the complaint immediately after the complaint procedure has been completed.
VII. TERMS OF DELIVERY
The Customer has the option to choose one of these shipping methods during the Order process:
a/ DPD courier – parcel delivery subject to terms and conditions of the relevant courier service;
b/ Postal Service – the delivery is subject to terms and conditions of Czech Post a.s.;
c/ Collect in person – 10 am - 6 pm. Drahobejlova 24, Prague;
d/ Another carrier from the list;
Failing to collect the parcel is a direct violation of the Contract by the Customer. Customer further acknowledges that the Provider may make a claim to compensate the costs incurred in the attempt to deliver the ordered goods after the Order has been bindingly acknowledged. In the event that, because of reasons on the customer's side, the goods have to be delivered repeatedly or in a way that is different than what the parties agreed on, the customer is obliged to reimburse the costs associated with repeated attempts for delivery, or the costs associated with the delivery of the goods in any other way.
The customer is required to check the goods upon delivery, whether the items were supplied to him at the expected quality and quantity.
The Customer and the Provider can individually arrange another delivery method. This method must be confirmed by the Provider via e-mail.
VIII. PROTECTION OF PERSONAL DATA
In accordance with the Personal Data Protection Act and GDPR, the Customer's consent to process and store their personal data by the Provider for the purpose of newsletter delivery is expressed in a separate document called a Consent to Processing of Personal Data.
In accordance with GDPR article 6, paragraph 1., point b) some personal data are considered necessary for the contract and the provider does not need consent to process them. In case the customer is a natural person, these data include their name, surname, an address of residence and e-mail address. In case the customer is a legal person or natural person-entrepreneur, these data include the business name, legal address, registration number, VAT NUMBER and VAT info, and e-mail address.
Terms and conditions apply only to relations emerging between the Provide and Customers and are governed by the laws of the Czech Republic.
These terms and conditions are valid in the version that is listed on the Portal on the day of the order unless otherwise agreed in writing. If the Customer places an Order after the date on which the terms have changed, they agree with the change. The Provider has the right to change these terms and conditions at any time. Change cannot negatively affect Customers (in other words: binding terms and conditions are the ones present at the time the order was placed).
Contractual relations between Customer and Provider arising before the Terms take effect are governed by the Terms. All existing Customers will be notified of it.
If any provision of these Terms and Conditions becomes invalid or unenforceable, it will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions. Provider and Customer shall undertake to replace the invalid or unenforceable provision with a new provision which will correspond to the intention expressed by the original provision and these Terms and Conditions as a whole.
Customer agrees to these terms and conditions by the purchase of goods.