General business terms and conditions towards consumers
Trading company: La Canebière
Registered office: 130 Chemin de Morgiou,
entered in the Commercial Register kept by the Municipal Court in Prague under file no. C 318895
(hereinafter referred to as the “Seller”)
for the sale of goods and provision of services through an online store located at www.alpha-cat.org
natural persons - consumers (hereinafter referred to as “Buyer”)
I. Introductory provisions
These General Business Terms and Conditions towards Consumers (hereinafter referred to as “ GBT ”) govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase or service contract (hereinafter referred to as the " contract ") concluded between the Seller and a natural person - consumer through the Seller's online store. The Seller operates the online shop at www.alpha-cat.org via the web interface (hereinafter referred to as the “ web interface of the shop ”).
GBT further regulates the rights and obligations of the contracting parties in using the Seller's website located at www.alpha-cat.org (hereinafter referred to as the “ Website ”) and other related legal relations. The GBT does not apply to cases where a person who intends to purchase goods or to request services from the Seller acts when ordering goods or services in the course of his business activity or is a legal entity. In such a case, the concluded contract shall be governed by the Seller's General Terms and Conditions and the Seller's Special Terms and Conditions of the website.
Provisions deviating from the GBT may be agreed upon in the contract. Divergent provisions in the contract shall take precedence over the provisions of the GBT.
The GBT provisions are an integral part of the contract. The Contract and GBT are drawn up in Czech. The contract can be concluded in English or Czech.
The GBT may be amended or supplemented by the GBT. This provision is without prejudice to rights and obligations arising during the period of effect of the previous GBT.
II. User account
Upon registration of the Buyer on the Website, the Buyer may access its user interface. From its user interface, the Buyer may order goods or services (hereinafter referred to as the " user account "). If the web interface allows this, the Buyer may also order goods or services without registration directly from the web interface.
When registering on the website and ordering goods or services, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the user account upon any change thereof. The data provided by the Buyer in the user account and when ordering goods or services are considered correct by the Seller. If the Buyer fills his information about a legal entity (company, company ID and VAT number), the Seller considers the Buyer's conduct as acting on behalf of that legal entity and will dispose of the legal entity's order pursuant to the second paragraph of Article I of the GBT.
Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the Seller is not responsible for the breach of this obligation by the Buyer.
The Buyer is not entitled to allow the use of the user account by third parties.
The Seller may cancel the user account, especially if the Buyer has not used his user account for more than 1 year or if the Buyer breaches his obligations under the contract (including GBT).
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.
III. A conclusion of the contract
The web interface of the store contains a list of goods or services offered by the Seller, including the prices of individual offered goods or services. The prices of the goods and services offered include the value added tax and all related fees and include all royalties and any royalties. The offer of goods and services as prices of these goods and services remain valid as long as they are displayed in the web interface of the store. This provision does not limit the Seller's ability to conclude a contract on individually negotiated terms. All offers of sale of goods and provision of services placed in the web interface of the shop are not binding and the Seller is not obliged to conclude a contract regarding these goods or services.
The store web interface also contains information about the costs associated with packaging and delivery of goods and services. Information on the costs associated with the packaging and delivery of goods and services provided in the web interface of the store is valid only in cases where goods and services are delivered within the territory of the European Union.
To order goods and services, the Buyer fills in the order form in the web interface of the shop. The order form contains information about:
- • ordered goods and services (the ordered goods or services will be “inserted” by the Buyer into the electronic shopping cart of the web interface of the shop);
- • the method of payment of the price of goods and services, information on the required method of delivery of ordered goods and provision of services; and
- • information on the costs associated with the delivery of goods and services
(hereinafter collectively referred to as the “ Order ”).
Before sending the order to the Seller, the Buyer is allowed to check and change the data entered into the order by the Buyer, also with regard to the possibility of the Buyer to detect and correct errors caused when entering data into the order. The Buyer sends the order to the Seller by clicking on the "Submit" button. The data listed in the order they are deemed correct by the seller. The Seller shall confirm the receipt to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the " Buyer's e-mail address ").
Depending on the nature of the order (quantity of goods and services, price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (for example in writing or by telephone).
The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which the Seller sends to the Buyer by e-mail to the Buyer's e-mail address.
The Buyer acknowledges that the Seller is not obliged to enter into a contract, especially with persons who have previously materially breached their obligations to the Seller.
The buyer agrees to use the means of distance communication when concluding the contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself.
Unless stated otherwise for a particular service, the Seller is entitled to start providing the ordered service even before the expiry of the withdrawal period.
IV. Price of goods and services and payment terms
The price of goods and services and any costs associated with the delivery of goods and services under the contract may be paid by the Buyer to the Seller in the following ways:
- cashless via online payment system;
Together with the price, the Buyer is obliged to pay to the Seller also the costs associated with packaging and delivery of goods or provision of services in the agreed amount. Unless expressly stated otherwise, the price also includes costs related to the delivery of goods or provision of services incl. any license fees.
In the case of cash payment or cash on delivery, the price is payable upon receipt of goods or services. In the case of cashless payment, the price is due within 7 days from the conclusion of the contract.
In case of cashless payment, the Buyer is obliged to pay the price of goods and services together with the variable symbol of the payment. In the case of a cashless payment, the Buyer's obligation to pay the price is fulfilled when the relevant amount is credited to the Seller's account.
The Seller is entitled to demand payment of the full price before sending the goods or providing the service to the Buyer.
Any discounts on the price provided by the Seller to the Buyer may be combined.
If it is usual in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document - invoice regarding payments made under the contract. The seller is a payer of value-added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price and send it in the electronic form to the Buyer's email address or enclose it as part of the sent order.
V. Withdrawal from the contract
The Buyer acknowledges that pursuant to Section 1837 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the “Civil Code”), it is not possible to withdraw from the purchase contract
a) on the provision of services if his prior express consent, before the deadline for withdrawal and businessman before entering into a contract told consumers that in such a case has the right to withdraw from the contract,
b) the supply of goods or services whose price depends on fluctuations of financial market independently of the will of the entrepreneur and which may occur during the withdrawal period of the contract,
c) the supply of goods which have been adjusted as a desired consumer or to his person,
d) the supply of goods subject perishable, as well as goods that have been delivered over irretrievably mixed with other goods,
e) the repair or maintenance carried out at the location specified by the consumer at his request; however, this shall not apply in the event of subsequent repairs or delivery of spare parts other than required,
f) the supply of sealed goods that the consumer has removed from the packaging and cannot be returned for hygienic reasons,
g) the supply of audio or video recordings, or a computer program if it violated their original packaging,
h) on the supply of newspapers, periodicals or magazines,
i) on accommodation, transport, meals or leisure if the entrepreneur provides such performance within a specified time,
j) for the supply of digital content unless delivered on a tangible medium and delivered with the consumer's prior express consent before the withdrawal period has expired and the trader has informed the consumer that he has no right of withdrawal of the contract The Client acknowledges that pursuant to Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), it is not possible to withdraw from the purchase contract
Unless the case referred to in the first paragraph of Article V or any other case where the contract cannot be withdrawn, the Buyer shall, in accordance with Section 1829 et seq. of the Civil Code, the right to withdraw from the contract within fourteen (14) days of receipt of performance by the Buyer or a person designated by the Buyer. In order to comply with the withdrawal period, it is sufficient to send the withdrawal before the expiry of the relevant period. Withdrawal from the Contract may be sent by the Buyer to, inter alia, the Seller's premises or the Seller's email address firstname.lastname@example.org. The Buyer may use the model withdrawal notice form of these GTBs for withdrawal.
In the event of withdrawal from the contract pursuant to the second paragraph of Article V. GTB, the contract is cancelled from the beginning. The goods must be returned to the Seller within 14 days of sending the withdrawal to the Seller. Goods must be returned to the Seller undamaged and unused and, if possible, in the original packaging. The Buyer shall bear the cost of returning the goods if such goods cannot be returned by their normal postal nature. The maximum cost of returning such goods is estimated at 500 EUR.
In the case of withdrawal pursuant to the second paragraph of Article V. GTB, the Seller shall return the performance provided by the Buyer within fourteen (14) days of withdrawal (in the case of a contract for the purchase of goods than from the receipt of the returned goods by the Seller) To the Seller, whichever is the sooner), by wire transfer to an account designated by the Buyer (unless otherwise specified by the Buyer provided that such a return does not incur any additional costs to the Seller), as a result of the delivery method chosen by the Buyer, an international tracking number must be provided. The Seller is also entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer.
The Buyer acknowledges that if the returned goods are damaged, worn, partially consumed or otherwise their value is reduced as a result of handling the goods in a manner other than that necessary to become familiar with the nature and characteristics of the goods, including their functionality, The Seller shall be entitled to claim damages from the Buyer. The Seller is entitled to unilaterally set off the claim for compensation of the incurred damages against the Buyer's claim for refund of the price or its part. In the event of withdrawal from a service contract whose performance has already started but has not yet been provided in full, the Buyer is obliged to pay a proportional part of the price for the already provided performance and in the case of withdrawal, he is only entitled to refund the rest of the price for this service.
The Seller is entitled to withdraw from the contract at any time until the Buyer accepts the goods or services. In such a case, the Seller shall return the price to the Buyer without undue delay, by wire transfer to the account designated by the Buyer.
If a gift is provided to the Buyer together with the goods or service, the gift contract between the Seller and the Buyer shall be concluded with the cancellation condition that if the Buyer withdraws from the contract, the gift contract for such gift ceases and provided gift.
VI. Transport, delivery of goods and provision of services
The method of delivery of goods and provision of services is determined by the Seller unless stipulated otherwise in the contract. If the mode of transport is agreed upon at the Buyer's request, the Buyer bears the risk and any additional costs associated with this mode of transport.
If the Seller is obliged under the contract to deliver the goods to the place specified by the Buyer in the order or to provide the agreed services at such place, the Buyer is obliged to take over the goods or to endorse the provision of such goods on delivery. If the Buyer does not take delivery of the goods upon delivery, the Seller is entitled to charge a storage fee of 5 EUR (in words: five euros) or the Seller is entitled to withdraw from the contract.
In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another 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 the event of a violation of the packaging that indicates unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the carrier. By signing the delivery note, the Buyer confirms that the package of the consignment containing the goods was intact.
Other rights and obligations of the parties in the transport of goods may be governed by special delivery terms of the Seller if issued by the Seller.
The Seller is entitled to commence the provision of the ordered service only after the Seller has paid the price for this service.
VII. Liability for defects, warranty
The rights and obligations of the parties regarding the Seller's liability for defects, including the Seller's warranty liability, shall be governed by the relevant generally binding legal regulations, in particular the relevant provisions of the Civil Code. The seller provides a 6-month warranty on consumer goods and a 3-month warranty on the ordered service.
The Seller is responsible to the Buyer for the fact that the goods or services provided are in conformity with the contract, in particular, that it is free from defects. Conformity with the contract means that the item being sold has the quality and utility properties agreed in the contract and if it is not described by the Seller, the manufacturer or its representative that it meets the requirements of legal regulations, it is in the corresponding quantity, measure or weight.
In the event that the goods or services upon receipt by the Buyer are not in conformity with the contract (hereinafter referred to as the “ conflict with the contract ”), the Buyer has the right to remedy the defect by delivering new goods or delivering missing goods; defects by repairing the goods, to a reasonable discount on the price or withdrawal from the contract, as required by the Buyer. The Buyer shall inform the Seller which right it has chosen at the time of the defect notification or without undue delay after the defect notification. The Buyer cannot change the choice made without the Seller's consent; this does not apply if the Buyer asked for the repair of the defect, which proves impossible. If the Seller fails to remedy the defects within a reasonable period of time or to notify the Buyer that it will not remedy the defects, the Buyer may request a reasonable discount on the price or withdraw from the contract instead of removing the defect. If the Buyer does not choose his right in time, it will have proceeded in accordance with the relevant provisions of the applicable legislation.
If the goods are not perishable or used, the Seller is liable for any defects that prove to be in conflict with the contract upon receipt of the item within the warranty period (warranty).
The Seller is liable for defects that appear as a contradiction with the contract for the provision of services after the provision of the service to the Buyer within the warranty period (warranty) pursuant to the first paragraph of Article VII. GBT.
Defects causing a conflict with the concluded contract are not considered if the goods or service do not have any characteristics, standard or quality level beyond the scope expressly stated.
Therefore, the Seller is not responsible, inter alia, for the interoperability of the data provided by the Seller with any hardware or software of the Buyer or third parties not expressly listed for a particular service. In the event of loss or damage to the records or data of the Buyer or a third party arising out of erroneous, unauthorized or unauthorized use. Inadequate Buyer action or handling of data provided by Seller, including reverse engineering, Seller shall not be liable for any resulting damage or consequential damage.
Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Procedure.
VIII. Other rights and obligations of the contracting parties
The buyer acquires ownership of the goods and is entitled to use the service by paying the full price of the goods or service. Unless otherwise provided by the applicable legislation or concluded contract, within the provided and duly paid service, the Buyer is entitled to a non-exclusive, territorially unlimited, non-transferable right to exercise the right to use a part of the service having the character of copyright. and only for the period and to the extent resulting from the purpose of the contract. In particular, unless otherwise provided by the applicable legislation, the Buyer shall not be entitled to reproduce, translate, process, modify or otherwise alter, distribute, lend, rent, exhibit or disclose it to the public as well as circumvent technical rights protection or reverse-engineering the work. A separate service contract may be negotiated for the authorization to borrow, rent, exhibit or communicate the work to the public.
The Buyer acknowledges that the software and other components forming the web interface of the store (including photographs of offered goods or illustrative photographs of provided services) are protected by copyright. The Buyer undertakes not to engage in any activity that could allow him or third parties to tamper with or misuse the software or other components constituting the web interface of the store.
The Buyer is not entitled to use mechanisms, software or other procedures that could adversely affect the operation of the Store Web Interface when using the Store Web Interface. The web interface of the shop may be used only to the extent that it does not prejudice the rights of other customers of the Seller and which is in accordance with its purpose.
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. The Seller does not provide other services after the sale of the goods or the provision of the ordered services except for the services explicitly provided by the Seller on its website for the individual goods or services.
The Buyer acknowledges that the Seller shall not be liable for errors resulting from third-party interference with the website or from the use of the website in violation of its purpose.
IX Protection of personal data
The Seller duly fulfils all its obligations in relation to the protection of personal data. For the sake of clarity, the Seller issued a special Data Protection Directive which summarizes this material.
X. Sending commercial messages and cookies
Unless otherwise agreed, all correspondence related to the contract must be delivered to the other party in writing, by e-mail, in person or by registered mail (at the option of the sender). It is delivered to the buyer at the e-mail address specified in their user account.
XII. Final Provisions
If the relationship related to the use of the website or the legal relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.
The Seller is entitled to sell goods on the basis of a trade license and the activity of the Seller is not subject to any other authorization. The Buyer may contact the Seller with any complaint. If the Buyer fails to file a complaint with the Seller, any disputes will be settled in the subject and locally competent court. The trade inspection is carried out within the scope of its competence by the Trade Licensing Office.
If any provision of the GBT is invalid or ineffective or becomes so, a provision whose meaning is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and amendments to the contract or GBT require a written form.
The Contract, including the GBT, is archived by the Seller in electronic form and is not accessible except for the fulfilment of the Seller's obligations stipulated by the applicable legislation. The Seller shall grant the Buyer access to the text upon request.
The contractual relationship between the Buyer and the Seller is concluded for a period defined by the proper performance of the contractual parties under the respective contract. Unless the concluded contracts or GBT stipulate otherwise in particular cases, the contracting parties are not entitled to cancel the contract before its proper performance.
Contact details of the Seller:
e-mail address: email@example.com
Prague, 23.1. 2020
Sample withdrawal form according to the relevant legal regulation:
Notice of withdrawal
- I hereby announce that I hereby withdraw from the contract for the purchase of these goods (*) / provision of these services (*)
- Order Date (*) / Date Received (*)
- Buyer's name and surname
- Buyer's address (billing and shipping address)
- Buyer's signature (only if this form is sent in paper form)
(*) Delete as appropriate or add information.