Terms and conditions
These general terms and conditions (“Terms”) of the company P4P Technology a.s., with its registered office at Na příkopě 857/18, Praha 1 Nové Město, 110 00, IČO 08923469, registered in the Commercial Register under file No. B 25102/MSPH kept by the Municipal Court in Prague, e-mail info@feline.cz (“We” or the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or on the basis of a purchase contract (the “Contract”) concluded through the E-shop on the website www.feline.cz.
All information about the processing of Your personal data is contained in the Personal data processing policy, which You can find here: www.feline.cz/en/personal-data-protection-terms/.
The provisions of these Terms form an integral part of the Contract. The Contract and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect rights and obligations that arose during the period of effectiveness of the previous wording of the Terms.
As You certainly know, we communicate primarily at a distance. Therefore, it also applies to our Contract that means of distance communication are used which allow us to agree without Our and Your simultaneous physical presence, and the Contract is thus concluded at a distance in the environment of the E-shop, namely through the website interface (the “E-shop web interface”).
If any part of the Terms conflicts with what we have jointly approved in the course of Your purchase on Our E-shop, that particular agreement will take precedence over the Terms.
I. Some definitions
- Price is the sum of money You will pay for the Goods;
- Delivery price is the sum of money You will pay for delivery of the Goods, including the price of packing them;
- Total price is the sum of the Price and the Delivery price;
- VAT is value added tax under the applicable legal regulations;
- Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total price;
- Order is Your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;
- User account is an account set up on the basis of the data You have provided, which makes it possible to store the entered data and to keep a history of ordered Goods and concluded Contracts;
- You are a person buying on Our E-shop, referred to by legal regulations as the buyer;
- Goods are everything You can buy on the E-shop.
II. General provisions and information
- Goods may be purchased only through the E-shop web interface.
- When purchasing Goods it is Your duty to provide Us with all information correctly and truthfully. We will therefore regard the information You have provided Us when ordering the Goods as correct and true.
III. Conclusion of the contract
- A contract with Us may be concluded only in the Czech language.
- The Contract is concluded at a distance through the E-shop, and You bear the costs of using means of distance communication. These costs, however, do not differ in any way from the basic rate You pay for using those means (in particular for internet access), so You need not expect any further costs charged by Us over and above the Total price. By submitting an Order You agree that we use means of distance communication.
- In order for us to be able to conclude the Contract, You need to create an Order proposal on the E-shop. The following data must be stated in this proposal:
- Information about the Goods being purchased (on the E-shop You mark the Goods You wish to buy with the “Add to cart” button);
- Information about the Price, the Delivery price, the method of payment of the Total price and the requested method of delivery of the Goods; this information will be entered when creating the Order proposal in the E-shop user environment, and the information about the Price, the Delivery price and the Total price will be stated automatically on the basis of the Goods You have chosen and the method of their delivery;
- Your identification and contact details serving so that we can deliver the Goods, in particular first name, surname, delivery address, telephone number and e-mail address;
- In the case of a Contract on the basis of which we will deliver Goods to You regularly and repeatedly, also information about how long we will deliver the Goods to You.
- While creating the Order proposal, You may change and check the data until the time it is created. After carrying out the check, You create the Order by pressing the “Order with obligation to pay” button. Before pressing the button, however, You must still confirm that You have familiarised Yourself with and agree to these Terms; otherwise it will not be possible to create the Order. A checkbox is used for the confirmation and agreement. After pressing the “Order with obligation to pay” button, all completed information will be sent directly to Us.
- We will confirm Your Order to You as soon as possible after it has been delivered to Us, by a message sent to the e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms. By Our confirmation of the Order, a Contract is concluded between Us and You. The Terms in the wording effective on the date of the Order form an integral part of the Contract.
- There may also be cases in which we will not be able to confirm the Order to You. This is in particular situations where the Goods are not available, or cases where You order a greater number of pieces of Goods than we allow. We will, however, always provide You in advance within the E-shop with information about the maximum number of Goods, so it should not be a surprise for You. If any reason arises for which we cannot confirm the Order, we will contact You and send You an offer to conclude a Contract in a form modified compared with the Order. In such a case the Contract is concluded at the moment You confirm Our offer.
- If a clearly incorrect Price is stated within the E-shop or in the Order proposal, we are not obliged to deliver the Goods to You at that Price even if You have received confirmation of the Order and a Contract has thus been concluded. In such a situation we will contact You without delay and send You an offer to conclude a new Contract in a form modified compared with the Order. In such a case the new Contract is concluded at the moment You confirm Our offer. If You do not confirm Our offer even within 3 days of it being sent, we are entitled to withdraw from the concluded Contract. A clearly incorrect Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers, or a digit is missing or is surplus.
- If a Contract is concluded, You become obliged to pay the Total price.
- If You have a User account set up, You may place an Order through it. Even in such a case, however, You have a duty to check the correctness, truthfulness and completeness of the pre-filled data. The method of creating the Order is nevertheless identical to that of a buyer without a User account; the advantage, however, is that Your identification data need not be filled in repeatedly.
- In some cases we allow a discount to be used for the purchase of Goods. For the discount to be granted, You need, as part of the Order proposal, to fill in the details of this discount in the field designated in advance. If You do so, the Goods will be provided to You at a discount.
IV. User account
- On the basis of Your registration within the E-shop, You may access Your User account.
- When registering a User account it is Your duty to state all entered data correctly and truthfully and, in the event of a change, to update them.
- Access to the User account is secured by a username and password. With regard to these access details it is Your duty to maintain confidentiality and not to provide these details to anyone. If they are misused, we bear no responsibility for that.
- The User account is personal, and You are therefore not entitled to allow third parties to use it.
- We may cancel Your User account, in particular if You do not use it for more than one year, or if You breach Your obligations under the Contract.
- The User account need not be available continuously, in particular with regard to necessary maintenance of hardware and software equipment.
V. Price and payment terms, reservation of title
- The Price is always stated within the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which will always be identical to the price in the Contract. The Order proposal also states the Delivery price, or the conditions under which delivery is free of charge.
- The Total price is stated including VAT, including all fees laid down by law.
- We will require payment of the Total price from You after conclusion of the Contract and before handover of the Goods. You may pay the Total price in the following ways:
- Bank transfer. We will send You the information for making the payment as part of the Order confirmation. In the case of payment by bank transfer, the Total price is due within 14 days.
- Card online. In such a case the payment is made through a payment gateway, and the payment is governed by the terms of that payment gateway, which are available at www.shoptetpay.com. In the case of payment by card online, the Total price is due immediately.
- Cash on delivery. In such a case payment is made upon delivery of the Goods against handover of the Goods. In the case of payment by cash on delivery, the Total price is due upon takeover of the Goods. Cash on delivery is available only for orders delivered in the Czech Republic.
- Cash upon personal collection. Goods may be paid for in cash if collected at Our premises. In the case of payment in cash upon personal collection, the Total price is due upon takeover of the Goods.
- The Invoice will be issued in electronic form after payment of the Total price and will be sent to Your e-mail address. The Invoice will also be physically enclosed with the Goods and available in the User account.
- Title to the Goods passes to You only after You pay the Total price and take over the Goods. In the case of payment by bank transfer, the Total price is paid when it is credited to Our account; in other cases it is paid at the moment the payment is made.
VI. Delivery of goods, passing of the risk of damage to the thing
- The Goods will be delivered to You in the manner of Your choice, and You may choose from the following options:
- Personal collection at Our premises at Na Příkopě 857/18, Praha 1 (only by prior arrangement);
- Personal collection at pickup points of the company Zásilkovna, Uloženka;
- Delivery through the carriers Česká pošta, Zásilkovna / Packeta (including delivery to Slovakia).
- The Goods may be delivered within the Czech Republic and to Slovakia. In the Czech Republic, delivery is free of charge for orders over 1 500 Kč. For orders delivered to Slovakia, delivery is free of charge from 100 € (2 500 Kč).
- The delivery time of the Goods always depends on their availability and on the chosen method of delivery and payment. The expected delivery time of the Goods will be communicated to You in the Order confirmation. The time stated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at the premises, we will always inform You of the possibility of collecting the Goods by e-mail.
- After taking the Goods over from the carrier, it is Your duty to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and Us of this fact without delay. If there has been a defect in the packaging which indicates unauthorised handling and entry into the consignment, You are not obliged to take the Goods over from the carrier.
- If You breach Your duty to take over the Goods, except for the cases under Art. VI(4) of the Terms, this does not result in a breach of Our duty to deliver the Goods to You. At the same time, the fact that You do not take over the Goods is not a withdrawal from the Contract between Us and You. In such a case, however, We have the right to withdraw from the Contract due to Your material breach of the Contract. If we decide to use this right, the withdrawal is effective on the day we deliver this withdrawal to You. Withdrawal from the Contract does not affect the claim to payment of the Delivery price, or the claim to damages, if any have arisen.
- If, for reasons arising on Your side, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, it is Your duty to reimburse Us for the costs associated with this repeated delivery. We will send You the payment details for paying these costs to Your e-mail address stated in the Contract, and they are due 14 days from delivery of the e-mail.
- The risk of damage to the Goods passes to You at the moment You take them over. If You do not take the Goods over, except for the cases under Art. VI(4) of the Terms, the risk of damage to the Goods passes to You at the moment You had the opportunity to take them over, but takeover did not occur for reasons on Your side. The passing of the risk of damage to the Goods means for You that from that moment You bear all consequences associated with loss, destruction, damage or any devaluation of the Goods.
- If the Goods were not stated in the E-shop as in stock and an indicative availability time was stated, we will always inform You in the event of:
- an extraordinary interruption in production of the Goods, and we will always tell You the new expected availability time or information that it will not be possible to deliver the Goods;
- a delay in delivery of the Goods from Our supplier, and we will always tell You the new expected delivery time.
- If we are not able to deliver the Goods to You even within 30 days of the expiry of the Goods delivery time stated in the Order confirmation, for any reason, both We and You are entitled to withdraw from the Contract.
VII. Rights from defective performance
- We guarantee that at the time of passing of the risk of damage to the Goods under Art. VI(7) of the Terms the Goods are free of defects, in particular that:
- they have the properties we have agreed with You, and if they were not expressly agreed, then those we have stated in the description of the Goods, or those that can be expected given the nature of the Goods;
- they are suitable for the purposes we have stated or for purposes that are usual for Goods of this type;
- they correspond to the quality or workmanship of an agreed sample, if the quality or workmanship was determined according to a sample;
- they are in the corresponding quantity and weight;
- they meet the requirements placed on them by legal regulations;
- they are not encumbered by rights of third parties.
- Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
- If the Goods have a defect, that is in particular if any of the conditions under Art. VII(1) is not met, You may notify Us of such a defect and exercise rights from defective performance (that is, make a complaint about the Goods) by sending an e-mail or a letter to Our addresses stated with Our identification details. When exercising the right from defective performance You need to choose how You want the defect to be resolved, and You may not subsequently change this choice without Our consent, except for the cases under Art. VII(4). We will handle the complaint in accordance with the right from defective performance You have exercised. If You do not choose a resolution of the defect, You have the rights stated in Art. VII(5) even in situations where the defective performance was a material breach of the Contract.
- If the defective performance is a material breach of the Contract, You have the following rights:
- to have the defect removed by delivery of new Goods without a defect, or by delivery of the missing part of the Goods;
- to have the defect removed by repair of the Goods;
- to a reasonable discount on the Price;
- to withdraw from the Contract.
If You choose resolution under points a) or b) and We do not remove the defect in this way within a reasonable period we have stated, or we inform You that we will not remove the defect in this way at all, You have the rights under points c) and d), even if You did not originally request them as part of the complaint. At the same time, if You choose removal of the defect by repair of the Goods and We find that the defect is irreparable, we will inform You of this and You may choose another method of removing the defect.
- If the defective performance is a non-material breach of the Contract, You have the following rights:
- to have the defect removed by delivery of new Goods without a defect, or by delivery of the missing part of the Goods;
- to have the defect removed by repair of the Goods;
- to a reasonable discount on the Price.
If, however, we do not remove the defect in time or we refuse to remove the defect, You have the right to withdraw from the Contract. You may also withdraw if You cannot use the Goods properly due to a repeated occurrence of defects after repair of the Goods or in the case of a greater number of defects of the Goods.
- In the case of both a material and a non-material breach You may not withdraw from the Contract, nor request delivery of a new thing, if You cannot return the Goods in the condition in which You received them. This does not apply, however, in the following cases:
- if the condition of the Goods has changed as a result of an inspection for the purpose of ascertaining the defect;
- if the Goods were used even before the defect was discovered;
- if the impossibility of returning the Goods in an unchanged condition was not caused by Your conduct or by Your omission;
- if, before the defect was discovered, You sold, consumed or altered the Goods in the course of usual use; if, however, this occurred only in part, it is Your duty to return the part of the Goods that can be returned, and in such a case You will not be refunded the part of the Price corresponding to Your benefit from using that part of the Goods.
- Within 3 days of receiving the complaint we will confirm to You at the e-mail address that we have received the complaint, when we received it, and the expected duration of handling the complaint. We will handle the complaint without undue delay, but at the latest within 30 days of receiving it. The period may be extended by our mutual agreement. If the period expires in vain, You may withdraw from the Contract.
- We will inform You of the handling of the complaint by e-mail. If the complaint is justified, You are entitled to reimbursement of reasonably incurred costs. You are obliged to prove these costs, for example by receipts or confirmations of the delivery price. If the defect was removed by delivery of new Goods, it is Your duty to return the original Goods to Us; we, however, bear the costs of this return.
- If You are an entrepreneur, it is Your duty to notify and point out the defect without undue delay after You could have discovered it, but at the latest within three days of takeover of the Goods.
- If You are a consumer, You have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months of takeover of the Goods.
- The provisions regarding rights from defects do not apply in the case of:
- Goods that are sold at a lower Price, for the defect for which the lower Price was agreed;
- wear of the Goods caused by their usual use;
- used Goods, for a defect corresponding to the degree of use or wear the Goods had when You took them over;
- where this follows from the nature of the Goods.
VIII. Withdrawal from the contract
- Withdrawal from the Contract, that is termination of the contractual relationship between Us and You from its beginning, may occur for the reasons and in the ways stated in this article, or in further provisions of the Terms in which the possibility of withdrawal is expressly stated.
- If You are a consumer, that is a person buying Goods outside the framework of Your business activity, You have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Contract without giving a reason within 14 days of the date of delivery of the Goods. If we have concluded a Contract whose subject is several kinds of Goods or delivery of several parts of Goods, this period starts to run only on the day of delivery of the last part of the Goods, and if we have concluded a Contract on the basis of which we will deliver Goods to You regularly and repeatedly, it starts to run on the day of delivery of the first consignment. You may withdraw from the Contract in any demonstrable manner (in particular by sending an e-mail or a letter to Our addresses stated with Our identification details).
- Even as a consumer, however, You may not withdraw from the Contract in cases where the subject of the Contract is: Goods in a sealed package that have been removed from the package and that cannot be returned for hygiene reasons.
- The withdrawal period under Art. VIII(2) of the Terms is considered to have been observed if You send Us, during its course, a notice that You are withdrawing from the Contract.
- In the event of withdrawal from the Contract, the Price will be refunded to You within 14 days of the effective date of withdrawal, to the account from which it was credited, or to an account chosen when withdrawing from the Contract. The amount will not, however, be refunded earlier than You return the Goods to Us or than You prove that they have been sent back to Us. Please return the Goods to Us clean, if possible including the original packaging.
- In the event of withdrawal from the Contract under Art. VIII(2) of the Terms, You are obliged to send the Goods to Us within 14 days of withdrawal and You bear the costs associated with returning the goods to Us. You, on the other hand, are entitled to have Us refund the Delivery price to You, but only in the amount corresponding to the cheapest offered method of delivery of the Goods that we offered for delivery of the Goods. In the event of withdrawal for the reason that We breach the concluded Contract, we also bear the costs associated with returning the goods to Us, but again only up to the amount of the Delivery price corresponding to the cheapest offered method of delivery of the Goods that we offered when delivering the Goods.
- You are liable to us for damage in cases where the Goods are damaged as a result of Your handling them otherwise than it is necessary to handle them given their nature and properties. We will invoice You for the damage caused in such a case after the Goods have been returned to Us, and the invoiced amount is due in 14 days. If we have not yet refunded the Price to You, we are entitled to set off the claim for costs against Your claim for a refund of the Price.
- We are entitled to withdraw from the Contract at any time before we deliver the Goods to You, if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons consisting in the nature of the Goods), even before the expiry of the period stated in Art. VI(9) of the Terms. We may also withdraw from the Contract if it is clear that You have deliberately stated incorrect information in the Order. If You buy goods within Your business activity, that is as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
IX. Resolution of disputes with consumers
- We are not bound in relation to buyers by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
- We handle consumer complaints through the electronic address info@feline.cz. We will send information about the handling of the complaint to the buyer’s electronic address.
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, internet address: www.coi.cz, is competent for the out-of-court resolution of consumer disputes from the Contract. The online dispute resolution platform located at the internet address ec.europa.eu/consumers/odr may be used when resolving disputes between the seller and a buyer who is a consumer, 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 Praha 2, internet address: www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
X. Final provisions
- If Our and Your legal relationship contains an international element (that is, for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. If, however, You are consumers, this arrangement does not affect Your rights arising from legal regulations.
- We will deliver all written correspondence with You by electronic mail. Our e-mail address is stated with Our identification details. We will deliver correspondence to Your e-mail address stated in the Contract, in the User account, or through which You have contacted us.
- The Contract may be amended only on the basis of our written agreement. We are, however, entitled to amend and supplement these Terms; this change will not, however, affect already concluded Contracts, but only Contracts that will be concluded after the effectiveness of this change. We will, however, inform You of the change only if You have a User account created (so that You have this information in the event that You will be ordering new Goods; the change does not, however, give rise to a right of termination, as we do not have a Contract concluded that could be terminated), or if on the basis of a Contract we are to deliver Goods to You regularly and repeatedly. We will send information about the change to Your e-mail address at least 14 days before the effectiveness of this change. If within 14 days of sending the information about the change we do not receive from You a termination of the concluded Contract for regular and repeated deliveries of Goods, the new terms become part of our Contract and will apply to the next delivery of Goods following the effectiveness of the change. The notice period, if You give notice, is 2 months.
- In the event of force majeure or events that cannot be foreseen (a natural disaster, a pandemic, operational failures, outages of subcontractors, etc.), we bear no liability for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for a period longer than 10 days, both We and You have the right to withdraw from the Contract.
- An annex to the Terms is a model complaint form and a model form for withdrawal from the Contract.
- The Contract including the Terms is archived in electronic form with Us, but is not accessible to You. You will, however, always receive these Terms and the Order confirmation with a summary of the Order by e-mail, and You will therefore always have access to the Contract even without Our assistance. We recommend always saving the Order confirmation and the Terms.
- These Terms take effect on .
Annex No. 1 – Complaint form
Addressee: P4P Technology a.s., Na příkopě 857/18, 110 00 Praha 1
Making a complaint
- Date of conclusion of the Contract
- First name and surname
- Address
- E-mail address
- Goods that are the subject of the complaint
- Description of the defects of the Goods
- Proposed method of handling the complaint, or the bank account number for a discount
I also request the issue of a confirmation of the making of the complaint stating when I exercised this right, what the content of the complaint is together with my claim, including the date and method of handling the complaint.
Date:
Signature:
Annex No. 2 – Form for withdrawal from the contract
Addressee: P4P Technology a.s., Na příkopě 857/18, 110 00 Praha 1
I hereby declare that I withdraw from the Contract:
- Date of conclusion of the Contract
- First name and surname
- Address
- E-mail address
- Specification of the Goods to which the Contract relates
- Method of returning the funds received, or the bank account number
If the buyer is a consumer, they have the right, if they ordered goods through the e-shop of the company P4P Technology a.s. (the “Company”) or another means of distance communication, except for the cases stated in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from an already concluded purchase contract within 14 days of the date of takeover of the goods, without giving a reason and without any penalty. The buyer will notify the Company of this withdrawal in writing at the address of the Company’s premises or electronically at the e-mail stated on the model form.
If the buyer who is a consumer withdraws from the purchase contract, they shall send or hand over to the Company without undue delay, at the latest within 14 days of withdrawal from the purchase contract, the goods they received from it.
If the buyer who is a consumer withdraws from the purchase contract, the Company shall return to them without undue delay, at the latest within 14 days of withdrawal from the purchase contract, all funds (the purchase price of the delivered goods) including the costs of delivery that it received from them on the basis of the purchase contract, in the same way. If the buyer chose a method of delivery of the goods other than the cheapest method offered by the Company, the Company shall refund the buyer the costs of delivery of the goods only in the amount corresponding to the cheapest offered method of delivery of the goods. The Company is not obliged to refund the received funds to the buyer before the buyer hands the goods over to it or proves that they have sent the goods to the Company.
Date:
Signature: