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Terms and Conditions

 

I. Basic provisions

1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")

  • beSURE s.r.o.
  • Company ID: 073 42 772
  • VAT ID: CZ07342772
  • Registered address: Nebory 447, 739 61 Třinec
  • Registered at the Regional Court in Ostrava, Section C, File 75448
  • Contact details: Ing. Tomáš Šurlák, MBA
  • Email: info@ekomazlicek.cz
  • Phone: +420 604 494 707
  • www.ekomazlicek.cz

  1. These terms and conditions govern the mutual rights and obligations of the seller and an individual, who, as a consumer, enters into a purchase agreement outside their business activities or within their business activities (hereinafter referred to as the "buyer") through the web interface located on the website available at the internet address www.ekomazlicek.cz (hereinafter referred to as the "online store").

  2. The provisions of the terms and conditions are an integral part of the purchase agreement. Any deviations agreed upon in the purchase agreement shall take precedence over the provisions of these terms and conditions.

  3. These terms and conditions and the purchase agreement are concluded in the Czech language.

(hereinafter referred to as the "seller")

2. These terms and conditions regulate the mutual rights and obligations of the seller and the individual who enters into a purchase agreement, either as a consumer outside their business activities or within their business activities (hereinafter referred to as the "buyer"), through the web interface located on the website available at the internet address www.ekomazlicek.cz (hereinafter referred to as the "online store").

3. The provisions of the terms and conditions are an integral part of the purchase agreement. Deviations agreed upon in the purchase agreement shall take precedence over the provisions of these terms and conditions.

4.These terms and conditions and the purchase agreement are concluded in the Czech language.

 

II.Information about Goods and Prices

1. Information about the goods, including the prices of individual items and their main characteristics, is provided for each item in the catalog of the online store. The prices of goods are stated including value-added tax, all related fees, and costs for returning the goods, if the nature of the goods does not allow them to be returned by regular mail. The prices of goods remain valid for the duration they are displayed in the online store. This provision does not exclude the possibility of entering into a purchase agreement under individually negotiated conditions.

2. All product presentations in the catalog of the online store are for informational purposes only, and the seller is not obliged to enter into a purchase agreement regarding these goods.

3. The online store provides information about the costs associated with packaging and delivering the goods. The information about the costs associated with packaging and delivering the goods stated in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed upon between the seller and the buyer.

 

III.Order and Conclusion of Purchase Agreement

1. The costs incurred by the buyer when using distance communication means in connection with the conclusion of a purchase agreement (internet connection costs, telephone call costs) are to be borne by the buyer. These costs do not differ from the standard rate.

2. The buyer can place an order for goods in the following ways:

  • Through their customer account if they have registered previously on the online store.
  • By filling out the order form without registration.  

3. When placing an order, the buyer selects the goods, quantity of items, payment method, and delivery.

4. Before submitting the order, the buyer is given the opportunity to review and modify the information provided in the order. The buyer sends the order to the seller by clicking the "Submit Order" button. The information provided in the order is considered accurate by the seller. The validity of the order is contingent upon completing all mandatory fields in the order form and the buyer confirming their acknowledgment of these terms and conditions.

5.Immediately upon receiving the order, the seller will send a confirmation of receipt to the buyer's email address provided during the order placement. This confirmation is automated and does not constitute a contract conclusion. The current terms and conditions of the seller are attached to the confirmation. The purchase agreement is only concluded upon acceptance of the order by the seller. The notification of order acceptance is delivered to the buyer's email address.

6. If the seller is unable to fulfill any of the requirements stated in the order, the seller will send a modified offer to the buyer's email address. The modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded upon the buyer's acceptance of this offer by sending a confirmation to the seller's email address stated in these terms and conditions.

7. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification of order acceptance from the seller. The buyer can cancel the order by phone or email, using the contact details provided in these terms and conditions.

8. In the event of an obvious technical error on the part of the seller regarding 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 at that clearly erroneous price, even if an automatic confirmation of order receipt has been sent to the buyer according to these terms and conditions. The seller will promptly inform the buyer of the error and send a modified offer to the buyer's email address. The modified offer is considered a new proposal for the purchase agreement, and the purchase agreement is concluded upon the buyer's acceptance confirmation sent to the seller's email address.

 

IV.Customer Account

1. Based on the registration carried out in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also place orders without registration.

2. When registering for a customer account and when ordering goods, the buyer is obligated to provide correct and truthful information. The buyer must update the information in their user account whenever there are any changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.

3. Access to the customer account is secured by a username and password. The buyer is required to maintain confidentiality regarding the necessary information to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.

4. The buyer is not authorized to allow third parties to use their customer account.

5. The seller may cancel a user account, particularly if the buyer does not use their user account for an extended period or if the buyer violates their obligations from the purchase agreement or these terms and conditions.

6. The buyer acknowledges that the user account may not be available continuously, especially considering the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.

 

V.Payment Terms and Delivery of Goods

1. The buyer can pay the price of the goods and any associated costs related to the delivery of goods under the purchase agreement by the following methods:

  • Bank transfer to the seller's bank account, IBAN: CZ26 0100 0001 2384 9187 0217, SWIFT: KOMBCZPPXXX held at Komerční banka a.s.
  • Payment by card (debit or credit)
  • Bank transfer to the seller's account through the GO PAY payment gateway
  • Cash on delivery upon receiving the goods
  • Cash or card payment for personal pickup at MonkeyPrint.cz store, Jablunkovská 853/46, 737 01 Český Těšín
  • Cash or card payment for personal pickup at the courier pick-up point. 

2. Together with the purchase price, the buyer is obligated to reimburse the seller for the costs associated with packaging and delivery of the goods as agreed. Unless explicitly stated otherwise, the purchase price includes the costs associated with the delivery of goods.

3.In the case of cash payment, the purchase price is due upon the receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days from the conclusion of the purchase agreement.

4. When making a payment through a payment gateway, the buyer should follow the instructions provided by the respective electronic payment service provider.

5. For non-cash payments, the buyer's obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the seller's bank account.

6. The seller does not require any advance deposit or similar payment from the buyer. Payment of the purchase price prior to the shipment of the goods is not considered a deposit.

7. According to the law on record-keeping of sales, the seller is obliged to issue a receipt to the buyer. Additionally, the seller is required to register the received revenue with the tax administrator online. In the event of technical outage, the registration must be completed within 48 hours at the latest.

8.The goods are delivered to the buyer:

  • to the address specified by the buyer in the order
  • through a parcel collection point at the address of the collection point chosen by the buyer
  • by personal pickup at the seller's store

9. The choice of delivery method is made during the process of ordering the goods.

10. The costs of delivering the goods, depending on the method of shipment and receipt, are stated in the buyer's order and in the order confirmation provided by the seller. If the mode of transportation is agreed upon based on a special request from the buyer, the buyer assumes the risk and any additional costs associated with this mode of transportation.

11. If, according to the purchase agreement, the seller is obliged to deliver the goods to the location specified by the buyer in the order, the buyer is obligated to accept the goods upon delivery. If, due to reasons on the buyer's part, it becomes necessary to deliver the goods repeatedly or in a manner different from what was specified in the order, the buyer is responsible for covering the costs associated with the repeated delivery or alternative method of delivery.

12.When receiving the goods from the carrier, the buyer is obligated to inspect the packaging for any signs of damage, and in case of any defects, promptly notify the carrier. If the packaging is found to be tampered with, indicating unauthorized access to the shipment, the buyer is not obligated to accept the parcel from the carrier.

13. The seller will issue a tax document, such as an invoice, to the buyer. The tax document will be sent to the buyer's email address or included with the delivered goods.

14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including the delivery costs, but ownership is transferred upon receiving the goods. The responsibility for accidental damage, loss, or destruction of the goods transfers to the buyer at the moment of receiving the goods or at the moment when the buyer was obligated to accept the goods but failed to do so contrary to the terms of the purchase agreement.

 

VI.Withdrawal from the Contract

1. The buyer, who entered into a purchase contract as a consumer outside their business activities, has the right to withdraw from the purchase contract.

2. The withdrawal period from the contract is 14 days and starts:

  • from the day of receiving the goods,
  • from the day of receiving the last delivery of goods, if the contract concerns multiple types of goods or delivery in several parts,
  • from the day of receiving the first delivery of goods, if the contract concerns regular repeated delivery of goods.

3.The buyer cannot, among other cases, withdraw from the purchase contract:

  • for the provision of services, if they have been fully performed with the buyer's prior explicit consent before the expiration of the withdrawal period, and the seller informed the buyer before entering into the contract that they do not have the right to withdraw in such a case,
  • for the supply of goods or services whose price depends on fluctuations in the financial market independently of the seller's will and which may occur during the withdrawal period,
  • for the delivery of alcoholic beverages that can only be delivered after thirty days, and their price depends on fluctuations in the financial market independent of the seller's will,
  • for the delivery of goods that have been customized according to the buyer's wishes or for their personal use,
  • for the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery,
  • for the delivery of goods in sealed packaging that the buyer has removed from the packaging, and for hygienic reasons, it cannot be returned,
  • for the delivery of sound or image recordings or computer programs if the buyer has violated their original packaging,
  • for the delivery of newspapers, periodicals, or magazines,
  • for the supply of digital content, if it has not been delivered on a tangible medium and has been delivered with the buyer's prior explicit consent before the expiration of the withdrawal period, and the seller informed the buyer before entering into the contract that they do not have the right to withdraw in such a case,
  • in other cases specified in § 1837 of the Civil Code.

4.To comply with the withdrawal period, the buyer must send a statement of withdrawal within the specified timeframe.

5. The buyer may use the standard withdrawal form provided by the seller to withdraw from the purchase contract. The withdrawal should be sent by the buyer to the email or postal address of the seller as specified in these terms and conditions. The seller will promptly confirm the receipt of the form to the buyer.

6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the date of withdrawal. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular postal means due to their nature.

7. If the buyer withdraws from the contract, the seller will refund all payments received from the buyer, including the delivery costs, without undue delay and no later than 14 days from the date of withdrawal. The refund will be made using the same payment method that the buyer used for the initial transaction, unless agreed otherwise by the buyer and provided that no additional costs are incurred for the buyer as a result.

8. If the buyer chooses a delivery method other than the cheapest one offered by the seller, the seller will refund the buyer the costs of delivery in the amount corresponding to the cheapest offered delivery method.

9.If the buyer withdraws from the purchase agreement, the seller is not obliged to refund the received payment to the buyer until the buyer hands over the goods or provides proof of sending the goods to the seller.

10. The buyer must return the goods to the seller undamaged, unused, and uncontaminated, and if possible, in the original packaging. The seller has the right to unilaterally set off any claim for damages incurred to the goods against the buyer's claim for a refund of the purchase price.

11. The seller is entitled to withdraw from the purchase agreement in the event of stock depletion, unavailability of the goods, or when the manufacturer, importer, or supplier of the goods has discontinued production or importation. The seller will promptly notify the buyer via the email address provided in the order, and within 14 days from the notification of withdrawal from the purchase agreement, refund all payments received from the buyer, including the delivery costs, using the same payment method or another method agreed upon by the buyer.

 

VII.Rights arising from defective performance

1. The seller guarantees to the buyer that the goods are free from defects upon delivery. In particular, the seller guarantees to the buyer that at the time of the buyer's acceptance of the goods:

  • The goods have the qualities agreed upon by the parties, and if there is no agreement, they possess the qualities described by the seller or the manufacturer, or qualities that the buyer can expect based on the nature of the goods and the advertising carried out by them.
  • The goods are suitable for the purpose stated by the seller for their use or for the usual purpose for which goods of this kind are used.
  • The goods correspond in quality or design to the agreed sample or model, if the quality or design was determined based on an agreed sample or model.
  • The goods are in the appropriate quantity, size, or weight, and they meet the requirements of applicable laws and regulations.

2.Obligations arising from defective performance are imposed on the seller to at least the extent of the obligations imposed on the manufacturer for defective performance. Otherwise, the buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within a period of twenty-four months from the date of delivery.

3. If the goods, their packaging, accompanying instructions, or advertising in accordance with other legal regulations specify a period during which the goods can be used, the provisions regarding warranty for quality shall apply. The seller guarantees that the goods will remain fit for their usual purpose or retain their customary properties for a certain period of time. If the buyer validly raises a defect in the goods to the seller, the period for asserting rights arising from defective performance or the warranty period does not run during the time when the buyer is unable to use the defective goods.

4. The provisions stated in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by the normal use of the goods, to used goods corresponding to the extent of use or wear and tear that the goods had at the time of delivery to the buyer, or if it arises from the nature of the goods. The buyer is not entitled to the right arising from defective performance if they were aware of the defect before taking delivery of the goods or if the defect was caused by the buyer themselves.

5.In the event of a defect, the buyer may submit a complaint to the seller and demand:

  • replacement with new goods,
  • repair of the goods,
  • a reasonable price reduction,
  • 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 properly use the item due to repeated occurrence of defects or defects after repair,
  • in the case of a higher number of defects in the goods.

7. Material is considered to be a breach of the contract that the breaching party already knew or should have known about at the time of entering into the contract, and the other party would not have entered into the contract if they had anticipated this breach.

8. In the case of a defect that constitutes an immaterial breach of the contract (regardless of whether the defect is removable or irremovable), the buyer is entitled to have the defect remedied or to a reasonable price reduction.

9.If a removable defect reoccurs after repair (typically the third claim for the same defect or the fourth for different defects) or if the goods have a greater number of defects (usually at least three defects simultaneously), the buyer has the right to request a price reduction, exchange of the goods, or withdrawal from the contract.

10. When submitting a complaint, the buyer is obliged to inform the seller of their chosen remedy. Changing the choice without the seller's consent is only possible if the buyer requested the repair of an irremovable defect. If the buyer fails to timely choose their remedy for a material breach of the contract, they have the same rights as in the case of an immaterial breach of the contract.

11. If repair or replacement of the goods is not possible, the buyer may request a full refund based on withdrawal from the contract.

12. If the seller can prove that the buyer was aware of the defect in the goods before acceptance or if the buyer caused the defect themselves, the seller is not obliged to comply with the buyer's claim.

13. The buyer cannot make a complaint about discounted goods for the reason for which the goods are discounted.

14. The seller is obliged to accept the complaint at any branch where the acceptance of the complaint is possible, including their registered office or place of business. The seller must provide the buyer with a written confirmation of when the buyer asserted their right, the content of the complaint, the desired resolution of the complaint, as well as a confirmation of the date and method of handling the complaint, including proof of any repairs carried out and the duration thereof, or a written justification for rejecting the complaint.

15. The seller or their authorized employee shall decide on the complaint immediately, or within three working days in complex cases. This period does not include the reasonable time necessary for expert assessment of the defect, depending on the nature of the product or service. The complaint, including the rectification of the defect, must be resolved without undue delay, no later than 30 days from the date of asserting the complaint unless the seller agrees to a longer period with the buyer. The expiration of this period is considered a material breach of the contract, and the buyer has the right to withdraw from the purchase contract. The moment of asserting the complaint is considered to be the moment when the buyer expresses their will (asserting the right to remedy the defective performance) to the seller.

16.The seller informs the buyer in writing about the outcome of the complaint.

17. The buyer is not entitled to the rights arising from defective performance if the buyer knew before accepting the item that it had a defect or if the buyer caused the defect themselves.

18. In the case of a justified complaint, the buyer has the right to reimbursement of reasonably incurred costs related to asserting the complaint. The buyer can exercise this right with the seller within one month after the expiration of the warranty period; otherwise, the court may not grant it.

19. The buyer has the choice of the method of complaint.

20. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

21. The further rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure.

 

VIII. Delivery

1. The contracting parties may mutually deliver all written correspondence via email.

2. The buyer delivers correspondence to the seller's email address specified in these terms and conditions. The seller delivers correspondence to the buyer's email address provided in their customer account or in the order.

 

IX. Personal data

1. All information you provide during our cooperation is confidential, and we will handle it accordingly. Without your written consent, we will not use your data for any purpose other than fulfilling the contract, except for the email address to which you may receive business communications, as permitted by law unless you opt out. These communications may only concern similar or related products, and you can unsubscribe from them at any time through a simple process (by sending a letter, email, or clicking on an unsubscribe link in the business communication). The email address will be retained for this purpose for a period of 3 years from the date of the last contract between the parties.

2.For more detailed information on the protection of personal data, please refer to the Privacy Policy.

 

X.Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from a purchase agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer arising from a purchase agreement.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to 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 goods based on a trade license. The relevant trade authority carries out trade inspections within its scope of authority. The Czech Trade Inspection Authority, among other things, supervises compliance with Act No. 634/1992 Coll., on consumer protection, to the extent defined.

 

XI. Final provisions

1. All agreements between the seller and the buyer are governed by the legal framework of the Czech Republic. If a relationship established by a purchase agreement contains an international element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This provision does not affect consumer rights arising from generally binding legal regulations.

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.

3. All rights to the seller's website, including copyrights to the content, layout of the pages, photos, videos, 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 seller's consent.

4. The seller is not responsible for errors resulting from third-party interference with the online store or its use in violation of its intended purpose. The buyer must not use any methods while using the online store that could have a negative impact on its operation and must not engage in any activities that could allow unauthorized interference or unauthorized use of the software or other components comprising the online store, or use the online store or its parts or software in a manner inconsistent with its purpose or intention.

5. The buyer hereby assumes the risk of changes in circumstances within the meaning of Section 1765(2) of the Civil Code.

6. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

7. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect rights and obligations arising during the effectiveness of the previous version of the terms and conditions.

8. The sample form for withdrawal from the contract is attached as an appendix to the terms and conditions.

 

XII.Taking Care of Scratching Posts

1. If you have a lot of space in your heart for many cats, remember that one small scratching post will be insufficient for five cats.

2. Regularly trim your cats' claws; the scratching post primarily serves to "release scratching energy" so that your couch or curtains won't suffer.

3. Keep the scratching post dry; moisture shortens its lifespan. Additionally, it helps to clean the scratching post occasionally with a regular vacuum cleaner to keep it sufficiently appealing to a tidy cat.

4. Keep it out of children's reach. Small pieces of cardboard may detach during use. Therefore, we recommend adult supervision during playtime to prevent the animal from swallowing small parts.

 

These terms and conditions shall become effective as of May 16, 2020.

 

 

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