General Terms and Conditions

I.

Basic Provisions

1. These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) have been issued in accordance with Section 1751 et seq. of Act No. 89/2012 Sb., the Civil Code (hereinafter referred to as the “Civil Code”)

CatROUND s.r.o.

Company ID number: 09219251

Tax ID number: CZ09219251

with its registered office at: Korunní 2569/108, Vinohrady, 101 00 Praha 10

registered with the Municipal Court in Prague, File No. C 332764                     

Contact details:

E-mail: info@catround.cz

Telephone: +420 605 923 119

website: www.catround.cz

(Hereinafter referred to as the “Seller”)

2. These Terms and Conditions regulate the mutual rights and obligations of the Seller and a natural person who concludes a Purchase Contract outside his/her business activity as a consumer or within his/her business activity (hereinafter referred to as the “Buyer”) through the website interface located on the website available at https://www.catround.cz/(hereinafter referred to as the “Online Store”).
3. The provisions in the Terms and Conditions form an integral part of the Purchase Contract. The specific provisions in the Purchase Contract shall prevail over the provisions in these Terms and Conditions.
4. By concluding the Purchase Contract, the Buyer agrees to these Terms and Conditions and confirms that he/she has been duly acquainted with these Terms and Conditions. The Buyer is sufficiently notified of these Terms and Conditions and has the opportunity to familiarize him/herself with them prior to concluding the Purchase Contract.
5. These Terms and Conditions and the Purchase Contract are concluded in the Czech language.

 

II.

Information on Goods and Prices

1. Information on Goods, including the prices of the individual Goods and their main features, is given for each item in the catalogue of the Online Store. The prices of the Goods are inclusive of value added tax, all related charges and the cost of returning the goods if they cannot, by their nature, be returned by normal postal means. Prices of the Goods shall apply during the period they are displayed in the Online Store. This provision shall not preclude the negotiation of a Purchase Contract on individually agreed terms.
2. The presentation of the Goods located in the catalogue of the Online Store is of an informative nature and the Seller is not obliged to conclude the Purchase Contract regarding these goods.
3. The Online Store also displays information on costs related to packaging and delivery of the Goods. The information about the costs related to packaging and delivery of the Goods listed in the Online Store shall apply only in cases where the Goods are delivered within the Czech Republic.
4. Any discounts on the Purchase Price of the Goods cannot be combined with each other, unless the Seller and the Buyer agree otherwise.

 

III.

Order and Conclusion of the Purchase Contract

1. The costs incurred by the Buyer when using distance communication means in relation to concluding the Purchase Contract (internet connection costs, telephone calls costs) shall be borne by the Buyer him/herself. These costs do not differ from the basic rate.
2. The offer to conclude a Purchase Contract is the placement of the offered Goods by the Seller on the website of the Online Store. The contractual relationship between the Seller and the Buyer is formed by delivering the acceptance of the Order which is sent by the Seller to the Buyer by email to the email address of the Buyer. The resulting Contract may be amended or cancelled only by agreement of the Contracting Parties or for legal reasons. The Seller notifies the Buyer that the contract is not concluded if there are justified doubts about the true identity of the Buyer and/or if there are obvious errors in the information given about the Goods or the price. If the Buyer has already paid part or all of the Purchase Price, this amount will be refunded.
3. The Buyer places an order for Goods in the following ways:

• via his/her customer account, if he/she has previously registered in the Online Store,
• by filling in the order form without registration.

4. When placing an order, the Buyer chooses the Goods, the number of items, the method of payment and delivery.
5. Before sending the order, the Buyer is allowed to check and change the data he/she has entered in the order. The Buyer shall send the order to the Seller by clicking on the “Send Order” button. The information entered into the order are considered by the Seller as correct. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's confirmation that he/she has read these Terms and Conditions.
6. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when placing the order. This confirmation is automatic and is not considered to be the conclusion of the Contract. The Purchase Contract is only concluded after the subsequent acceptance of the order by the Seller. Notification of receipt of the order is delivered to the Buyer's e-mail address. The current Terms and Conditions of the Seller are attached to the notification of acceptance of the order.
7. In the event that any of the requirements specified in the order cannot be fulfilled, the Seller will send the Buyer an amended offer to his/her e-mail address. The amended offer shall be deemed to be a new offer for the Purchase Contract and the Purchase Contract shall be concluded in such case by confirmation of the Buyer's acceptance of this offer to the Seller’s email address specified in these Terms and Conditions.
8. All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by calling the telephone number or email of the Seller specified in these Terms and Conditions.
9. In the event that there was an obvious technical error on the part of the Seller when indicating the price of the goods in the Online Store or during the ordering process the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price. The Seller informs the Buyer of the error without undue delay and sends an amended offer to the Buyer's e-mail address. The amended offer shall be deemed to be a new offer for the Purchase Contract and the Purchase Contract shall be concluded in such case by confirmation of acceptance by the Buyer to the Seller's email address.

 

IV.

Customer Account

1. Based on the Buyer's registration made in the Online Store, the Buyer can access his/her Customer Account. The Buyer can order Goods from his/her Customer Account. The Buyer can also order Goods without registration.
2. When registering in the Customer Account and ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the Customer Account whenever it changes. The information provided by the Buyer in the Customer Account and when ordering the goods is considered as correct by the Seller.
3. Access to the Customer Account is secured by username and password. The Buyer shall keep this confidential regarding the information necessary to access his/her Customer Account. The Seller is not responsible for any misuse of the Customer Account by third parties.
4. The Buyer is not entitled to allow third parties to use the Customer Account.
5. The Seller may cancel the Customer Account in particular if the Buyer no longer uses his/her Customer Account or if the Buyer breaches his/her obligations under the Purchase Contract or these Terms and Conditions.
6. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

 

V.

Payment Terms and Delivery of the Goods

1. The Purchase Price and costs related to the delivery of the Goods, if any, under the Purchase Contract may be paid by the Buyer by the following means:

• by wire transfer to the Seller's Bank Account: 5902938359/0800 maintained with Česká spořitelna, a.s.,
• by cashless payment card,
• by cash on delivery or by payment card upon delivery of the Goods,
• by means of a credit granted by a third party.

2. Along with the Purchase Price, the Buyer is obliged to pay to the Seller the costs related to the packaging and delivery of the Goods in the stipulated amount. Unless expressly stipulated otherwise hereunder, the Purchase Price shall mean the price including the costs related to the delivery of the Goods.
3. In case of payment in cash the Purchase Price is due upon taking over the Goods. In case of cashless payment, the Purchase Price is due within 14 days as of the conclusion of the Purchase Contract.
4. In case of cashless payment, the obligation of the Buyer to pay the Purchase Price is fulfilled at the moment of crediting the corresponding amount to the Bank Account of the Seller.
5. If the Purchase Price is not paid in cash on delivery or by payment card, the Seller is not obliged to deliver the Goods before the Buyer fulfils his/her obligation to pay the Purchase Price, i.e. before the moment of crediting the relevant amount to the Seller's Bank Account.
6. Pursuant to the Act on Registration of Sales, the Seller is obliged to issue a receipt for the Buyer. At the same time, the Seller is obliged to register the sale online at the tax authority, in case of technical failure no later than within 48 hours.
7. The Goods are delivered to the Buyer at the address specified by the Buyer in the order.
8. The choice of delivery method is made during the ordering process.
9. The cost of delivery of the Goods depending on the method of shipment and taking over the Goods is specified in the Buyer's order and in the Seller's order confirmation. Where the method of transportation is stipulated based on a specific request of the Buyer, the Buyer bears the risk and any additional costs related to such method of transportation.
10. Where, according to the Purchase Contract, the Seller is obliged to deliver the goods to the place determined 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 a way other than specified in the order, the Buyer is obliged to pay the costs related to the repeated delivery of the Goods or costs related to the other delivery method.
11. Upon taking over of the Goods from the carrier, the Buyer is obliged to inspect 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 consignment, the Buyer is not obliged to take over the consignment from the carrier.
12. The Seller shall issue a tax document – invoice to the Buyer. The tax document is sent to the Buyer's e-mail address.
13. The Buyer acquires the ownership title to the Goods by paying the full Purchase Price for the Goods including the delivery costs, but at the earliest by taking over the Goods.
14. Liability for accidental destruction, damage or loss of the Goods passes to the Buyer at the moment of taking over the Goods or at the moment when the Buyer was obliged to take over the Goods but failed to do so in breach of the Purchase Contract.

 

VI.

Withdrawal from the Contract

1. If the Purchase Contract is concluded by means of distance communication (in the Online Store) and the Buyer has concluded the Purchase Contract outside his/her business activity as a consumer, the Buyer has the right to withdraw from the Purchase Contract. However, the provision of the Civil Code on withdrawal under Section 1829(1) of the Civil Code cannot be understood as a possibility to rent the Goods free of charge.
2. The withdrawal period is 14 days from the receipt of the Goods.
3. The Buyer may not, inter alia, withdraw from the Purchase Contract for the delivery of Goods that have been customized or personalized according to the Buyer’s wishes.
4. In order to comply with the withdrawal period, the Buyer must send a statement of withdrawal within the withdrawal period.
5. To withdraw from the Purchase Contract, the Buyer may use the sample withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the Purchase Contract to the e-mail or delivery address of the Seller specified in these Terms and Conditions. The Seller shall acknowledge receipt of the form to the Buyer without delay.
6. The Buyer who has withdrawn from the Purchase Contract shall return the Goods to the Seller within 14 days of withdrawal. The Buyer bears the costs related to returning the Goods to the Seller, even in case the Goods may not be returned by the ordinary postal route due to its nature.
7. If the Buyer withdraws from the Purchase Contract, the Seller shall return to the Buyer all the funds including delivery costs received from the Buyer in the same manner and without delay, but no later than 14 days after the withdrawal from the Contract. The Seller shall only return the funds received to the Buyer in another way if the Buyer agrees thereto and if no additional costs are incurred.
8. If the Buyer has selected a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the Goods in the amount corresponding to the cheapest method of delivery offered.
9. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the Goods or proves that the Goods has been dispatched to the Seller.
10. The Buyer must return the Goods to the Seller undamaged, unworn and unpolluted and, if possible, in their 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.
11. The Seller is entitled to withdraw from the Purchase Contract at any time before delivery of the Goods if:

• the Seller is objectively unable, for reasons on the part of third parties, to deliver the Goods to the Buyer within a period of time reasonable under the circumstances,
• the Goods are no longer manufactured,
• the Goods are no longer delivered,
• the price of the supplier of the Goods has changed significantly,
• it becomes apparent that the Buyer has breached a contract previously concluded with the Seller, or
• the Buyer is in default of payment of the Purchase Price.

The Seller shall promptly inform the Buyer via the e-mail address specified in the order and shall return all funds, including delivery costs, received from the Buyer under the contract within 14 days of the notice of withdrawal from the Purchase Contract in the same manner or in the manner specified by the Buyer, as the case may be.

 

VII.

Rights arising from the defective performance

1. The Seller is liable to the Buyer that the goods have no defects upon takeover. The Seller is in particular liable to the Buyer that at the time the Buyer takes over the Goods,

• the Goods have the properties the Contracting Parties have stipulated and in the absence of such stipulation, the properties which the Seller or the manufacturer described or which the Buyer expected given the nature of the Goods and the advertising presented thereby,
• the Goods are suitable to be used for the purpose stated by the Seller or to which the Goods of such kind are usually used,
• the Goods have corresponding quantity, measurement or weight, and
• the Goods meet the requirements laid down by legal regulations.

2. The Buyer is otherwise entitled to assert his/her rights arising from the defect which occurs in consumer goods within twenty four months from acceptance.
3. If the period for which the Goods may be used is specified on the sold Goods, their packaging, the instruction manual attached to the Goods or in advertising in accordance with other legal regulations, the provisions on quality warranty shall apply. By the quality warranty, the Seller undertakes that the Goods will be fit for use for the usual purpose for a certain period or that it will retain the usual properties. If the Buyer lawfully claims the defect towards the Seller, the time limit for asserting the right from the defective performance or the warranty period is suspended for the time during which the Buyer cannot use the defective Goods.
4. The provisions set out in the previous paragraph of the Terms and Conditions shall not apply to Goods sold at a lower price due 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 degree 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 arising from the defective performance if the Buyer knew before taking over the Goods that the Goods were defective or if the Buyer caused the defect.
5. In the event of a defect, the Buyer may submit a complaint to the Seller and demand

• exchange for new Goods,
• repair of the Goods,
• reasonable discount on the Purchase Price,
• withdrawal from the Contract.

6. The Buyer has the right to withdraw from the Contract,

• if the Goods have a material defect,
• if the Buyer cannot use the Goods properly because of the recurrence of the defect or defects after repair,
• in the event of multiple defects in the Goods.

7. A material breach of the Contract means such a breach of which the breaching Party at the conclusion of the Contract knew or should have known that the other Party would not have concluded the Contract had it foreseen such a breach.
8. In case of defect that constitutes a non-material breach of the Contract (regardless of whether the defect is removable or irremovable), the Buyer is entitled to have the defect removed or to a reasonable discount on the Purchase Price.
9. If the removable defect has occurred repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or the Goods have a greater 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, replacement of the goods or withdrawal from the Contract.
10. When submitting a complaint, the Buyer is obliged to tell the Seller which right he/she has chosen. Changing the choice without the Seller's consent is only possible if the Buyer has requested the repair of a defect that turns out to be irremovable. If the Buyer fails to choose his/her right arising from the material breach of contract in time, he/she has the same rights as in the case of non-material breach of contract.
11. If repair or replacement of the Goods is not possible, the Buyer may demand a full refund of the Purchase Price upon withdrawal from the Contract.
12. If the Seller proves that the Buyer knew about the defect of the Goods before acceptance or caused it him/herself, the Seller is not obliged to satisfy the Buyer's claim.
13. The Buyer cannot claim discounted Goods for the reason for which the Goods are discounted.
14. The Seller shall be obliged to accept the complaint at any business establishment where the complaint may be accepted, possibly also at the registered office or place of business. The Seller is obliged to issue to the Buyer a written confirmation regarding the fact when the Buyer asserted the right, what is the subject of the complaint and which method of settlement of the complaint is requested by the Buyer, as well as confirmation regarding the date and method of settlement of the complaint, including the confirmation on carrying out the repair and its duration, or written justification of the refusal of the complaint.
15. The Seller or an employee authorised by the Seller shall decide on the complaint immediately, in complex cases within three working days. This time limit shall not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, at the latest within 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this time limit in vain shall be considered a material breach of contract and the Buyer shall have the right to withdraw from the Purchase Contract. The moment when the Buyer's expression of will (exercise of the right arising from the defective performance) reaches the Seller is considered as the moment of asserting the complaint.
16. The Seller shall inform the Buyer in writing of the result of the complaint.
17. The Buyer is not entitled to the right arising from the defective performance if the Buyer knew before taking over the thing that the thing was defective or if the Buyer caused the defect.

18 In case of legitimate complaint, the Buyer is entitled to compensation for reasonable costs incurred in connection with the complaint. The Buyer may claim this right from the Seller within one month after the expiry of the warranty period, otherwise the court may not grant it.

19. The Buyer has the choice of the method of the complaint.
20. Rights and obligations of the Contracting Parties regarding the rights arising from the 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 Sb., on Consumer Protection.

 

VIII.

Service

1. The Contracting Parties may serve all written correspondence to each other by electronic mail.
2. The Buyer shall serve the correspondence to the Seller at the e-mail address specified in these Terms and Conditions. The Seller shall serve the correspondence to the Buyer at the email address specified in the Buyer's Customer Account or in the order.

 

IX.

Personal Data

1. All information provided by the Buyer in cooperation with the Seller is confidential and will be treated as such. Unless the Buyer gives the Seller written permission, the Seller shall not use the Buyer's information other than for the purpose of performing the contract, except for the e-mail address to which commercial communications may be sent, as this practice is permitted by law, unless expressly refused. These communications may only relate to similar or related goods and may be opted out of at any time by simple means (by sending a letter, email or by clicking on a link in the commercial communication). The e-mail address will be kept for this purpose for 3 years after the last contract between the Contracting Parties has been concluded.
2. For more detailed information on data protection, please refer to the section Personal Data Protection within the company CatROUND s.r.o.

 

X.

Alternative dispute resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, company number: 000 20 869, website: https://adr.coi.cz/cs, is competent to engage in alternative dispute resolution for consumer disputes arising from the Purchase Contract.  The platform for online dispute resolution located at the website http://ec.europa.eu/consumers/odr may be used for resolution of disputes arising from the Purchase Contract between the Seller and the Buyer.
2. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz, is the contact point in accordance with 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 consumer ODR).
3. The Seller is authorized to sell the Goods based on a Trade Licence. The Trade Licence inspection is performed by the competent Trade Licence Office within its jurisdiction. The Czech Trade Inspection Authority performs inter alia the supervision of compliance with Act No. 634/1992 Sb., on Consumer Protection, within a defined scope.

 

XI.

Final provisions

1. All agreements between the Seller and the Buyer are governed by legal regulations of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, the Contracting Parties agree that the relationship shall be governed by the legal regulations of the Czech Republic. In the event of a dispute arising from the Purchase Contract or any other obligation between the Seller and the Buyer, the Contracting Parties shall determine the jurisdiction of the court of the Czech Republic having subject matter jurisdiction. This is without prejudice to the consumer's rights under generally binding legal regulations.
2. The Seller is not bound in relation to the Buyer by any code of conduct within the meaning of Section 1826 (1)(e) of the Civil Code.
3. All rights to the Seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
4. The Seller shall not be liable for errors resulting from third party interference with the Online Store or its use contrary to its intended use. The Buyer shall not use any procedures that could have a negative impact on the operation of the Online Store and shall not perform any activity that could allow him/her or third parties to interfere with or make unauthorised use of the software or other components that make up the Online Store and use the Online Store or its parts or software in a way that would be contrary to its purpose or intent.

5 The Buyer acquires the risk of change in circumstances under 1765 (2) of the Civil Code.

6. The Purchase Contract, including the Terms and Conditions, is stored by the Seller in electronic form and is not accessible.
7. The Terms and Conditions may be modified or amended by the Seller. This provision is without prejudice to the rights and obligations arisen during the effective period of the previous version of the Terms and Conditions.
8. The sample form for the withdrawal from the Purchase Contract forms an Annex to these Terms and Conditions.

  

These Terms and Conditions shall come into effect on 13 July 2020.