Terms and conditions
the company VAFO PRAHA , sro with its registered office at K Brůdku 94, 252 19 Chrášťany, Company ID: 614 99 587, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 30564 for the sale of goods through an online store located at the internet address www.carnilove.cz
1. Introductory Provisions
These terms and conditions (hereinafter referred to as the "Terms and Conditions") of VAFO PRAHA, sro, with its registered office at K Brůdku 94, 252 19 Chrášťany, Company ID: 614 99 587, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 30564 (hereinafter referred to as the " Seller ") regulate, in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the " Civil Code "), the mutual rights and obligations of the contracting 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 or legal person (hereinafter referred to as the " Buyer ") via the Seller's online store. The online store is operated by the seller on a website located at the internet address www.carnilove.cz (hereinafter referred to as the " website "), through the website interface (hereinafter referred to as the " store's web interface ").
In cases where the person intending to purchase goods from the Seller is a legal entity or a natural person who, when ordering goods, acts within the scope of their business activity or within the scope of their independent profession, certain relationships between the Seller and such a person are also governed by the special provisions of Article 13 of these Terms and Conditions.
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.
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.
The Seller may amend or supplement the text 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.
2. User account
Based on the Buyer's registration on the website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as the " user account "). To activate the user account, it is necessary to fill in all mandatory fields of the registration form and take note of the wording of the Information on the processing of personal data .
When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods is considered by the seller to be current and correct.
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. The Buyer acknowledges that the Seller is not liable for any breach of this obligation by the Buyer.
The Buyer is not entitled to allow third parties to use the user account.
The Seller may cancel a user account, in particular if:
the buyer has not used their user account for more than two (2) years;
the information entered by the buyer during registration is intentionally incorrect; or
the buyer breaches his obligations under the purchase contract and these terms and conditions.
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 the hardware and software equipment of third parties
3. Conclusion of the purchase contract
In the case of distance purchase of goods (in particular via the web interface of the store or based on communication via telephone or e-mail), the purchase contract is concluded by acceptance of the order by the seller, whereby such acceptance is considered to be the sending of the goods by the seller to the buyer or the express acceptance of the proposal to conclude a purchase contract by the seller via e-mail or telephone. In the event that the relevant order for goods is not accepted by the seller within 3 working days, the buyer is no longer bound by the order.
The risk of damage to the goods passes upon receipt of the goods by the buyer.
The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract with the Buyer, especially if the Buyer is a person who has previously materially violated the purchase contract or these terms and conditions or a person who is in default with the payment of due obligations to the Seller. The krmivo-brit.cz online store delivers orders only within the Czech Republic.
4. Ordering goods via the store's web interface
The buyer places orders through his user account.
If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store. To make a purchase, it is necessary to fill in all mandatory fields of the order form and, with each individual purchase, confirm your agreement to these terms and conditions and the terms for processing personal data set out in the document Information on the processing of personal data .
All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.
The web interface of the store contains information about the goods, including the prices of individual goods and the costs of returning the goods, if the goods cannot be returned by regular mail due to their nature. The prices of the goods remain valid for the period they are displayed in the web interface of the store, without prejudice to the provisions of Article 4.5 of these Terms and Conditions. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
The Seller reserves the right in exceptional cases not to deliver the ordered goods to the Buyer, especially if the web interface of the store mistakenly provided obviously incorrect or non-standard data, especially about the selected goods, their price or delivery date, or if the goods are sold out and permanently unavailable from the supplier. The Seller undertakes in such cases to return to the Buyer the financial amount paid under the purchase contract.
The web interface of the store also contains information about the costs associated with packaging and delivery of goods. Unless expressly stated otherwise, the information about the costs associated with packaging and delivery of goods provided in the web interface of the store applies only to cases where the goods are delivered within the territory of the Czech Republic. Delivery outside this territory can only be carried out on the basis of an individual agreement between the seller and the buyer.
To order goods, the buyer fills out an order form in the store's web interface. The order form contains, in particular, information about:
ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the store's web interface);
the method of payment for the purchase price of the goods, information about the requested method of delivery of the ordered goods;
information about the costs associated with the delivery of goods; and these terms and conditions of business and the terms and conditions for the processing of personal data set out in the Information on the processing of personal data (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 by the buyer in the order, also with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data specified in the order are considered correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer 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 "). This confirmation by the seller is not acceptance of the order (consent to the conclusion of the purchase contract).
The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
The Buyer has the right to cancel the order (change and correct it), i.e. to withdraw his proposal to conclude a purchase contract, without any sanctions until the moment of acceptance of the proposal to conclude a purchase contract within the meaning of Article 3.1 of the Terms and Conditions.
The seller is entitled not to accept an order that is not made with the seller's consent in accordance with these terms and conditions, or to return it to the buyer for completion and to provide him with a reasonable period of time for this. Its futile expiration results in the buyer's order being considered an order that was never delivered.
For the avoidance of doubt, the purchase contract is not concluded if the buyer's order is not accepted by the seller or is accepted with reservations.
The seller reserves the right to make any changes to the goods and prices in the online store. The offer of goods displayed in the online store, including goods on sale or on sale, is valid only until stocks run out or until the seller loses its ability to perform, and the number of discounted products or the validity of the offer must always be specifically stated on the website.
By concluding a purchase contract, the buyer (whether registered or not) agrees to these terms and conditions and declares that he had the opportunity to familiarize himself with these terms and conditions before concluding it. These terms and conditions are available to the buyer at any time at this address: https://carnilove.cz/obchodni-podminky/ and are also sent to the buyer as an attachment to an e-mail together with the confirmation of receipt (acceptance) of the order within the meaning of Article 3.1 of the terms and conditions.
The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the Buyer himself, and these costs do not differ from the basic rate.
5. Price of goods and payment terms
The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
cashless via a third party payment system; or
in cash or by credit card on delivery at the location specified by the buyer in the order.
The prices of goods are listed including value added tax and all related fees.
Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.
The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 5.1 of the Terms and Conditions.
In the case of payment in cash or on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable no later than five (5) days from the conclusion of the purchase contract. In the event of a delay in payment of the purchase price, the seller is entitled to withdraw from the relevant purchase contract.
In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
The provisions of Section 2119(1) of the Civil Code shall not apply.
Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's electronic address.
6. Transportation and delivery of goods
The transport of goods from a concluded purchase contract, if the goods are not taken over directly at the seller's premises, is carried out in the manner chosen by the buyer during the order process.
If the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
If the seller is obliged under the purchase contract to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
If no time for performance is agreed, the seller shall deliver the goods to the buyer without undue delay after the conclusion of the purchase contract, but no later than within 30 days. If the buyer does not take over the product within this time, the seller shall be entitled to a storage fee in the usual amount.
If the seller is to send the goods to the buyer, they are handed over to the buyer at the moment when the carrier hands them over to the buyer or to a person designated by the buyer. However, if the carrier has been designated by the buyer without being offered to him by the seller, the goods are handed over to the buyer at the moment when the seller hands them over to this carrier. The buyer's rights against the carrier are not affected by this.
If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner than agreed, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
If you choose to collect the ordered goods in person, the buyer is obliged to always wait for the delivery of a confirmation e-mail containing a request to collect the goods. It will not be possible to collect the goods before such a request is sent. The goods will be available at the collection point for 7 working days from the date of sending the request to collect them.
When accepting 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. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier. This does not affect the buyer's rights from liability for defects in the goods and other rights of the buyer arising from generally binding legal regulations.
Additional rights and obligations of the parties during the transport of goods may be regulated by the specific delivery conditions of the relevant carrier.
7. Rights of the data subject in the event of processing for the purpose of sending commercial communications.
The buyer, who is a consumer, acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the supply of goods that are subject to rapid deterioration or goods with a short shelf life, as well as goods that, due to their nature, have been irretrievably mixed with other goods after delivery, as well as goods that have been manufactured according to the buyer's requirements or adapted to his personal needs, or a purchase contract for the supply of goods in sealed packaging that, for health protection or hygiene reasons, is not suitable for return after the consumer has broken it.
Unless this is the case specified in Article 7.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods by the buyer or a third party designated by him other than the carrier, and in the event that the subject of the purchase contract is:
multiple items of goods that are delivered separately, this period runs from the date of receipt of the last item of goods; and
goods consisting of several items or parts, this period runs from the date of receipt of the last item or part of the goods.
The buyer is entitled to withdraw from the purchase contract according to Article 7.2 of the Terms and Conditions by means of any unambiguous statement made to the seller (including, but not limited to, delivered to the address of the registered office or establishment of the seller, to the seller's e-mail address specified in the form or by telephone to the seller's contact line). To comply with the deadline for withdrawal from the purchase contract, it is sufficient to send the withdrawal from the purchase contract before the expiration of the specified deadline. To withdraw from the purchase contract, the buyer can also use the sample form provided by the seller, which is an annex to the Terms and Conditions. The buyer can send the withdrawal from the purchase contract, among other things, to the address of the seller's establishment K Brůdku 94, 252 19 Chrášťany or to the seller's e-mail address carnilove@vafo.cz.
In the event of withdrawal from the purchase contract pursuant to Article 7.2 of the Terms and Conditions, the purchase contract shall be cancelled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days of the 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 associated with returning the goods to the Seller, even in the event that the goods cannot be returned by regular mail due to their nature.
In the event of withdrawal from the purchase contract pursuant to Article 7.2 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, in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or in another manner, if 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 funds received to the Buyer before he receives the goods or before the Consumer proves to him that he has sent the goods back, whichever occurs first.
The buyer, who is a consumer, is also entitled to withdraw from the purchase contract if the seller is in delay in handing over the goods for transport for the purpose of delivering them to the buyer, and does not fulfill his obligation to hand over the goods for transport even within an additional reasonable period specified by the buyer. The buyer is entitled to withdraw from the purchase contract without an additional period, in the event that the seller refuses to hand over the goods, or the buyer informs the seller when concluding the purchase contract that delivery at a certain time is necessary. Following the buyer's withdrawal under this article, the seller shall return to the buyer without undue delay all monetary payments that the buyer has paid under the purchase contract.
The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price. The buyer is liable for the reduction in the value of the goods if he has handled the goods in a manner other than is necessary to familiarize himself with the nature, properties and functionality of the goods, and the reduction in the value of the goods has arisen as a result of such handling. If the seller finds that the goods have been worn out or damaged for reasons attributable to the buyer, he has the right to return the money to the buyer in accordance with Article 7.5 of the Terms and Conditions, reduced by an amount corresponding to such reduction in the value of the goods.
If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods.
The buyer cannot withdraw from the purchase contract if the goods were modified according to the buyer's wishes or for his person, the goods were in a closed package that the buyer removed from the package and cannot be returned for hygiene reasons, and if the goods are perishable goods (feed), as well as goods that were irretrievably mixed with other goods after delivery.
8. Rights arising from defective performance
The rights and obligations of the contracting parties regarding 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 2158 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
If the buyer is a consumer, he may point out a defect that appears on the goods within two (2) years from the date of receipt, unless otherwise agreed; if the buyer has rightfully pointed out a defect to the seller, the period according to the previous sentence does not run for the period during which the buyer cannot use the item. The seller is responsible to the buyer that the goods are free from defects upon receipt. The seller is particularly responsible to the buyer that at the time of receipt:
the goods correspond to the agreed description, type and quantity, as well as the quality, functionality, compatibility and other agreed properties;
the goods are suitable for the purpose for which the buyer requires them and to which the seller has agreed; and
The goods are delivered with the agreed accessories and instructions for use.
If the seller does not specifically inform the buyer before concluding the purchase contract that a property of the goods differs, and the buyer does not express explicit consent to this, the seller is liable to the buyer in addition to the agreed properties within the meaning of Article 8.2 that the goods:
it is suitable for the purpose for which goods of this type are normally used, taking into account the rights of third parties, legal provisions, technical standards or codes of conduct of the sector in question, in the absence of technical standards;
in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, it corresponds to the usual characteristics of goods of the same type that the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the seller's contractual chain, in particular advertising or labelling. The seller is not bound by a public statement pursuant to the previous sentence if he proves that he was not aware of it or that it was modified at least in a comparable way at the time of conclusion of the purchase contract, or that it could not have influenced the decision to purchase;
is supplied with accessories, including packaging and other instructions for use that the buyer can reasonably expect; and
corresponds in quality or design to the sample or template that the seller provided to the buyer before concluding the purchase contract.
If a defect in the goods becomes apparent within one (1) year of receipt, it is assumed that the goods were defective upon receipt, unless the nature of the goods precludes this; this period does not run for the period during which the buyer cannot use the item, if he has rightfully pointed out the defect.
If the purchase contract, warranty certificate (conditions), advertising or packaging of the goods specify different warranty periods, the longest period applies.
The buyer does not have the right to claim defective performance if he caused the defect himself.
A defect in an item is not wear and tear caused by normal use or, in the case of a used item, wear and tear corresponding to the extent of its previous use.
If the item has a defect, the buyer may demand its removal. At his/her option, he/she may demand the delivery of a new item without a defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed by the other method without significant difficulties for the buyer.
The seller may refuse to remove the defect if it is impossible or unreasonably expensive, especially with regard to the significance of the defect and the value that the item would have without the defect.
The seller will remove the defect within a reasonable time after it is pointed out in a way that does not cause significant inconvenience to the buyer, taking into account the nature of the item and the purpose for which the buyer purchased the item.
To eliminate the defect, the seller will take over the item at his own expense.
If the buyer does not take over the item within a reasonable time after the seller has informed him of the possibility of taking over the item after repair, the seller is entitled to a storage fee; if the parties do not agree on its amount, the usual amount is paid instead of the agreed amount.
The buyer may request a reasonable discount or withdraw from the contract if:
the seller refused to remove the defect or failed to remove it in accordance with Articles 8.8 and 8.9;
the defect appears repeatedly;
the defect is a fundamental breach of contract; or
it is obvious from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.
The appropriate discount is determined as the difference between the value of the item without a defect and the defective item that the buyer received.
The buyer cannot withdraw from the contract if the defect in the item is insignificant; it is assumed that the defect is not insignificant.
If the buyer withdraws from the contract, the seller will refund the purchase price to the buyer without undue delay after receiving the item or after the buyer proves that he has sent the item.
The provisions set out in this Article 8 above shall not apply to goods if:
the defect already existed at the time of acceptance and a discount on the purchase price is agreed for such a defect;
the defect was caused by the buyer and arose from improper handling or treatment of the goods;
the defect was caused by excessive loading or use in conditions other than those appropriate for the goods;
the defect was caused by the buyer and arose from improper use, storage or improper maintenance contrary to the seller's and manufacturer's instructions or other intervention by the buyer or mechanical damage; or
the defect arose as a result of an external event beyond the seller's control.
9. Complaint process
The buyer is obliged to report the defect without undue delay after he has had the opportunity to inspect the goods and could have detected the defect with sufficient care, either by indicating the defect or by notifying how it manifests itself. The buyer is in particular obliged to properly inspect the goods for quantitative or qualitative defects before signing the delivery note.
The buyer, who is a consumer, has the right to file a complaint with the seller, in any of his establishments where the complaint can be accepted with regard to the range of goods sold, or in his registered office; however, if another person is designated to carry out the repair, who is at the seller's location or at a location closer to the buyer, the buyer shall report the defect to the person designated to carry out the repair. The buyer is obliged to prove that he has the right to file a complaint, in particular by providing the date of purchase, either by presenting a sales receipt, warranty certificate, or in another credible manner.
The seller is obliged to issue a written confirmation to the buyer stating the date on which the consumer made the complaint, its content, the method of handling the complaint requested by the consumer and the consumer's contact details for the purpose of providing information on the handling of the complaint.
The complaint, including the removal of the defect, must be resolved and the consumer must be informed of this no later than thirty (30) days from the date of the complaint, unless the seller and the buyer agree on a longer period. If the seller does not resolve the complaint within the specified time and does not inform the buyer about the method of its resolution, the buyer, as a consumer, is entitled to withdraw from the purchase contract or request a reasonable discount on the purchase price.
The seller is obliged to issue the consumer with a confirmation of the date and method of handling the complaint, including confirmation of the repair, and its duration, or a written justification for rejecting the complaint.
The buyer can specifically exercise the rights arising from liability for defects in goods, especially in person at the address Chrášťany, No. 94, ZIP Code 25219, by phone at +420 722 970 808 or by e-mail at carnilove@vafo.cz.
10. Other rights and obligations of the contracting parties
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
The seller handles consumer complaints via the email address carnilove@vafo.cz. The seller will send information about the handling of the buyer's complaint to the buyer's email address.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from a purchase contract concluded by electronic means.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant 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 online dispute resolution for consumer disputes).
The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
11. Protection of personal data
For the purpose of fulfilling the purchase contract, the Seller processes the Buyer's personal data in accordance with the General Data Protection Regulation (EU) 2016/679, Act No. 110/2019 Coll., on the processing of personal data, and other related or implementing regulations in the field of personal data protection. This data includes in particular the data that the Buyer provides when concluding the purchase contract or that he provides in the context of mutual communication with the Seller.
More detailed information about the processing of personal data, including the issue of storing so-called cookies on the buyer's computer, is contained in a separate document Information on the processing of personal data , which is part of each purchase contract.
12. Delivery
It can be delivered to the buyer at the buyer's electronic address.
13. Special provisions for cases where the buyer is not a consumer
The provisions of Articles 7.1 to 7.6, Article 8, Article 9, Article 10.2 to 10.5, Article 14.2 to 14.4 of the Terms and Conditions shall not apply to relations between the Seller and the Buyer who is not a consumer.
If the buyer is not a consumer and the seller hands over the goods to the carrier for transport to the buyer in accordance with the purchase contract, the risk of damage passes to the buyer upon handing over the goods to the first carrier for transport to the destination. In this case, handing over the goods to the buyer means handing over the goods to the first carrier for transport for the buyer.
For relations between a seller and a buyer who is an entrepreneur, the application of the provisions of Sections 1799 and 1800 of the Civil Code is excluded.
For relations between the seller and the buyer, who is an entrepreneur, the use of established business practices within the meaning of Section 558, paragraph 2 of the Civil Code is excluded.
In cases where the buyer is not a consumer, the seller is also entitled to withdraw from the purchase contract at any time, up to the time the buyer takes over the goods. In such a case, the seller will refund the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.
If the buyer is not a consumer, the buyer may request payment of a deposit for the purchase price of the goods.
14. Final provisions
If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law, excluding the application of the Vienna Convention on Contracts for the International Sale of Goods. By choosing the law according to the previous sentence, the buyer, who is a consumer, is not deprived of the protection provided to him by the provisions of the legal order from which he cannot contractually deviate and which would otherwise apply in the absence of the choice of law pursuant 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).
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 comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The appendix to the terms and conditions includes a sample form for withdrawing from the purchase contract.
Seller's contact details: e-mail address: carnilove@vafo.cz, telephone: +420 311 680 680, address of the establishment Chrášťany, No. 94, ZIP code 25219.
These terms and conditions are valid and effective from 27. 6. 2023