Terms and Conditions
for the sale of goods via the online shop located at
www.prokopyto.cz
1. Introductory provisions
1.1
These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the entrepreneur Ing. Martin Surýnek, Ph.D., with registered office at Červenohrádecká 1544, 43111 Jirkov, Czech Republic, identification number: 06989471, registered in the Trade Register (hereinafter referred to as “Seller”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on the website located at www.prokopyto.cz (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “Shop Web Interface”).
1.2
The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.
1.3
Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4
The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5
The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
1.6
Non-medicinal veterinary medicinal products are not harmonised within the EU and each Member State treats such products individually. The veterinary product is approved for the Czech and Slovak Republics, or has been placed on the market here and complies with all legislation. The Federal Republic of Germany does not regulate a similar group of products and these products are freely marketable as long as they are labelled according to the legislation in force for the classification, labelling and packaging of substances and mixtures. If requested by the final purchaser, the product may also be shipped to other countries, whereby the seller is not responsible for the legislation/requirements applicable to nonmedicinal products in the country of delivery, but nevertheless provides the purchaser with maximum information in German and English in this context.
2. User account
2.1
Based on the buyer’s registration made on the website, the buyer can access their user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as “user account”). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.
2.2
When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
2.3
Access to the user account is secured with a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his/her user account.
2.4
The buyer is not entitled to allow third parties to use the user account.
2.5
The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 2 years or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6
The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
3. Conclusion of the Purchase Contract
3.1
All presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
3.2
The web interface of the shop contains information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot, by their nature, be returned by normal postal means. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.
3.3
The web interface of the shop also contains information on the costs associated with packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic.
3.4
To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular 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 store),
3.4.2
the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
3.4.3
information about 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 that the Buyer has entered in the order, including with regard to the Buyer’s ability to detect and correct errors arising when entering data into the order. The Buyer sends the order to the Seller by clicking on the “Order” or “Order and Pay” button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s e-mail address”).
3.6
Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).
3.7
The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic
mail to the Buyer’s electronic mail address.
3.8
The buyer agrees to the use of remote communication means in concluding the purchase contract. The costs incurred by the Buyer in using distance communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.
4. Price of Goods and Payment terms
4.1
The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
- in cash at the seller’s premises at Červenohrádecká 1544, 43111 Jirkov, Czech Republic;
- by wire transfer to the Seller’s account for payments in Czech crowns (CZK) No. 2201939048/2010 or to the account for payments in EUR IBAN: CZ4320100000002001345413, BIC FIOBCZPPXXX maintained at Fio Banka a.s. (hereinafter referred to as the “Seller’s account”);
- cashless via the GoPay payment system;
- cashless by credit card;
4.2
Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3
The Seller does not require a deposit or other similar payment from the Buyer. 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 the goods in advance.
4.4
In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 5 days of the conclusion of the purchase contract.
4.5
In case of non-cash 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 non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.
4.6
The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.6), to demand payment of the full purchase price before the goods are sent to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.7
Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8
If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer in respect of payments made under the Purchase Agreement. The Seller is not subject to value added tax. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer’s electronic address.
4.9
According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.
5. Withdrawal from the Purchase contract
5.1
The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract for the supply of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person, a contract for the supply of perishable goods, as well as goods that are perishable, cannot be withdrawn from, among other things, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.
5.2
Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where the purchase contract cannot be withdrawn from, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller’s business address or to the Seller’s e-mail address drfrog@prokopyto.cz.
5.3
In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days of delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by normal postal means.
5.4
In the event of withdrawal from the Purchase 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 of the Buyer’s withdrawal from the Purchase Contract, without cash to the account designated by the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or in another way, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
5.5
The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
5.6
In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.
5.7
If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift ceases to be effective and the buyer is obliged to return the gift together with the goods to the seller.
6. Transport and delivery of Goods
6.1
The buyer can choose from the options listed on the e-shop website for delivery of the goods before completing the order and payment. The prices of shipments are graded and automatically recalculated according to the conditions of the carrier and according to the weight of the shipment. Further information on shipping is provided on the “Shipping and Payment” page.
6.2
In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.3
If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.
6.4
In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with a different method of delivery.
6.5
Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event that the packaging is found to be damaged, indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier. This is without prejudice to the buyer’s rights under liability for defects in the goods and other rights of the buyer under generally binding legal regulations.
6.6
Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.
7. Rights from defective performance
7.1
The rights and obligations of the contracting parties with regard to the rights arising 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 and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2
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 delivery of the goods:
7.2.1
the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2
the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,
7.2.3
the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
7.2.4
the goods are in the appropriate quantity, measure or weight; and
7.2.5
the goods meet the requirements of the legislation.
7.3
If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt.
7.4
The seller has obligations from defective performance at least to the extent that the manufacturer’s obligations from defective performance continue. The buyer is otherwise entitled to exercise the right to claim for a defect that occurs in the consumer goods within twenty-four months of receipt. If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legal provisions, the provisions on the guarantee of quality shall apply. By guaranteeing the quality, the seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time. If the buyer has rightfully accused the seller of a defect in the goods, the period for exercising rights under the defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.
7.5
The provisions referred to in Article 7.4 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods. The buyer is not entitled to the right of defective performance if the buyer knew before taking over the goods that the goods were defective or if the buyer caused the defect.
7.6
The rights of liability for defects in the goods are exercised by the seller.
7.7
The Buyer can exercise his/her rights under the liability for defects in goods in particular in person at Červenohrádecká 1544, 43111 Jirkov, Czech Republic, by phone at +420777092910 or by e-mail at drfrog@prokopyto.cz.
7.8
The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect which proves to be irreparable.
7.9
If the goods do not have the characteristics set out in Article 7.2 of the Terms and Conditions, the Buyer may also demand the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect relates only to a part of the goods, the Buyer may only demand the replacement of the part; if this is not possible, the Buyer may withdraw from the contract. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer is entitled to have the defect remedied free of charge. The buyer is also entitled to the delivery of new goods or the replacement of parts in the case of a removable defect if he cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to replacement of parts or to repair of the goods, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller is unable to deliver new goods without defects, replace a part of the goods or repair the goods, or if the seller fails to remedy the defect within a reasonable time or if it would cause the buyer considerable difficulty to remedy the defect.
7.10
Whoever has a right under Section 1923 of the Civil Code is also entitled to compensation for the costs reasonably incurred in exercising that right. However, if the seller does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the seller argues that the right to compensation was not exercised in time.
7.11
Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint rules.
8. Other rights and Obligations of the Parties
8.1
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3
Consumer complaints are handled by the Seller via the electronic address drfrog@prokopyto.cz. The Seller sends information about the handling of the Buyer’s complaint to the Buyer’s electronic address.
8.4
The Czech Trade Inspection Authority, with its 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 outof-court settlement of consumer disputes arising from purchase contracts. The online dispute resolution platform located at the website address can be used to resolve disputes between the seller and the buyer under the purchase contract.
8.5
The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
8.6
The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
8.7
The purchaser hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. Privacy policy
9.1
The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EC) 2016/679 of the European Parliament and of the Council on the protection of natural persons 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) (hereinafter referred to as the “GDPR”) relating to the processing of the Buyer’s personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations on the Purchase Contract and for the purposes of the performance of the Seller’s public law obligations by means of a separate document.
10. Sending commercial communications and storing cookies
10.1
The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer’s electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer’s personal data for the purpose of sending commercial communications by means of a separate document.
10.2
The buyer agrees to the storage of cookies on his/her computer. If the purchase can be made on the website and the seller’s obligations under the purchase contract can be fulfilled without storing cookies on the buyer’s computer, the buyer can withdraw the consent according to the previous sentence at any time.
11. Submission
11.1
The Buyer may be served at the Buyer’s electronic address.
12. Final provisions
12.1
If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2
If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to 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 sample form for withdrawal from the purchase contract is attached to the terms and conditions.
12.5
Seller’s contact details: delivery address Ing. Martin Surýnek, Ph.D., Červenohrádecká 1544, 43111 Jirkov, Czech Republic, e-mail address drfrog@prokopyto.cz, telephone +420777092910.
12.6
In case of disputes, the Czech version of the Terms and Conditions shall prevail.
In Jirkov on 8/16/2022
Dr. Frog – prokopyto.cz
Ing. Martin Surýnek Ph.D.
Notice of withdrawal from the purchase contract in CZK
Sender:
Name and surname:
Residence:
e-mail:
phone number:
Addressee:
Seller: (name and surname/business name)
ID:
Based:
Notice of withdrawal from the purchase contract in CZK
On ………., I ordered goods ……….. , order number …………, worth ………. from your website/online shop ………… CZK. I received the ordered goods on ………..
Pursuant to Section 1829(1) in conjunction with Section 1818 of Act No. 89/2012 Coll., the Civil Code, I exercise my legal right and ithdraw from the purchase contract concluded via the nternet concerning the aforementioned goods, which I am sending back to you with this letter, and at the same time I ask you to remit the purchase price in the amount of ………. CZK and …….. CZK for postage to my bank account number …………. within 4 days of receipt of this withdrawal.
In ………. on ……….
Consumer’s name and surname
(signature)
Annex: proof of purchase
Notice of withdrawal from the purchase contract in EUR
Sender:
Name and surname:
Residence:
e-mail:
phone number:
Addressee:
Seller: (name and surname/business name)
ID:
Based:
Notice of withdrawal from the purchase contract in EUR
On ………. I ordered goods from your website/online shop ……….. , order number …………, worth ………. EUR. I received the ordered goods on ………..
Pursuant to Section 1829(1) in conjunction with Section 1818 of Act No. 89/2012 Coll., Civil Code, I exercise my legal right and withdraw from the purchase contract concluded via the Internet concerning the above goods, which I am sending back to you with this letter, and at the same time I ask you to remit the purchase price in the amount of ………. EUR and ……… EUR for postage to my bank account number (IBAN+SWIFT) …………. within 14 days of receipt of this withdrawal.
In ………. on ……….
Consumer’s name and surname
(signature)
Annex: proof of purchase
