These Terms and Conditions of the company SOFA Dog Wear PRODUCTION, s.r.o. (a limited liability company), TINs: IČ 03841421, DIČ CZ03841421, registered office Čistovická 1700/62, Řepy, 163 00 Prague 6, registered in the Commercial Register managed by the Municipal Court in Prague under the file mark C 237635 (hereinafter only as the “Seller”), govern the mutual rights and obligations of the Seller and the Buyer that originate based on or in the connection with a sales agreement made between them using the online store of the Seller. These relations are especially governed by the Act No. 89/2012 Sb., the Civil code, as amended and the Act No. 634/1992 Sb., on the Protection of the Consumer, as amended.
2.1 THE SELLER. The Seller is the person who upon conclusion and fulfilment of the agreement acts within the scope of their business and entrepreneurial activity, and who supplies the goods or provides the services to the Buyer.
2.2 THE CONSUMER. The Consumer is the Buyer who purchases the goods or uses the services and who, at the same time, is not acting within the scope of their entrepreneurial activity or within the scope of an independent exercise of their employment.
The Buyer can order the goods without or with registration in the online store using the order form on the website www.sofadogwear.eu or www.sofadogwear.de. By making an order, the Buyer confirms that they have acquainted themselves with these Terms and Conditions, and that they are aware that the relations between the Seller and the Buyer are governed by these Terms and Conditions that are binding for the parties, and that they agree with these Terms and Conditions.
4.1 The sales agreement is concluded by sending the order based on the offer listed on the website of the Seller at www.sofadogwear.eu or www.sofadogwear.de. Acceptation of the offer with an amendment or variation is not considered to be an acceptation of the offer.
4.2 The wording of the sales agreement together with the Terms and Conditions is sent by the Seller to the Buyer along with the ordered goods. The agreement may be concluded in the Czech, English or German language.
5.1 The stated prices of the goods and postage are final prices that include the value added tax (VAT) effective at the time. The price of the goods in the online store and the price in a brick-and-mortar store or in a sales stand may vary. In the case of stock depletion, the Buyer will be immediately notified on this reality and they will have the opportunity to inform the Seller whether they request the delivery of substitutional goods or cancellation of the order.
5.2 The price of the shipping charges is stated on the website www.sofadogwear.eu and it is fixed for the Czech Republic (CPOST, PPL), for the Slovakian Republic (PPL) and Germany (PPL). For the other countries than the Czech Republic, the Slovakian Republic or Germany, the price of shipping will be calculated individually. The shipping of goods is possible in the following ways:
- PPL (the Czech Republic, the Slovakian Republic, Germany)
- Czech Post (Czech republic: the service "Delivery to Hand"; other countries: "Priority" or "Economy", the service "Registered parcel")
- Personal pickup (in our store or in the SDW sales stand)
5.3 In case of an exchange of the goods, including exchange for a different size, the Buyer pays the postage for the sending of the exchanged goods back to the Seller in full, as well as the postage for the exchanged goods send by the Seller to the Buyer.
5.4 The ordered goods that is in stock will be dispatched within 3 days after the order is made in the case of payment on delivery and within 3 days after receiving the payment in the case of payment via a bank transfer or by card. If this date cannot be met, the Buyer will be informed on this reality.
5.5 The goods can be paid for:
- by payment on delivery (only the Czech Republic)
- via a bank transfer (only the Czech Republic and only in CZK)
- using the PayPal service
- by card using the payment gateway of the e-shop
- in cash or by card on personal pickup
We would like to draw the attention to the fact that orders from other countries than the Czech Republic may be paid for only in EUR or USD.
6.1 The Seller is liable to the Buyer that the thing does not have any defects upon the handover and that at the time that the Buyer took over the thing (a) the thing had the properties that the parties have agreed upon and if an agreement is missing then such properties that the Seller or the Producer have described or that the Buyer expected with respect to the character of the goods and based on the advertisement executed by them, (b) the thing was fit for the purpose that the Seller was indicating or for the purpose that the thing of this kind is usually used, (c) the thing corresponded by its quality or design to the agreed upon sample or model, if the quality or the design has been determined according to the agreed upon sample or model, (d) the thing was in the corresponding amount, extent or weight and (e) that the thing complied with the requirements of legal regulations and if a defect showed in the course of six (6) months since the takeover, it is deemed to have been faulty already on the handover.
6.2 If there is no certificate of warranty was supplied for the goods, the tax (cash) certificate serves to assert a warranty claim. To assert a warranty claim, the warranty record located here is used.
6.3 If the Buyer picks up the goods in person in a store, the moment of the takeover of the goods is at the same time the moment of the transfer of the risk of damage to the goods from the Seller to the Buyer. Otherwise, the risk of damage to the goods passes over on the delivery of the goods and the Buyer is not obligated to take over the goods in the case of an evident damage of the goods or of its packaging. The established damage has to be recorded by the Buyer on the spot or it has to be included in the transportation note of the carrier (record) and they are to inform the Seller without any unnecessary delay. If the Buyer does not inspect the thing upon its takeover, they may assert the claims for the damages that were discoverable during this inspection only, if they prove that the goods bore these defects already at the time of the transfer of the risk of damage to the goods.
6.4 The Buyer has the right to assert the right from the defect that appears in consumer goods within twenty-four (24) months since their takeover, unless a longer period is stated on the goods or on its packaging. In the case of a sale of used consumer goods, this period may be shortened down to twelve (12) months. In the case of assertion of the warranty in a written form, the Buyer states the exact description of the defect, what they are requesting and their contact information.
6.5 If the goods do not bear the properties listed in paragraph 2 of this article, the Buyer may request even the delivery of a new thing without any defects, unless it is not in proportion with respect to the character of the defect, but if this defect concerns only a part of the thing, the Buyer may request only an exchange of this part; if it is not possible, they may withdraw from the agreement. However, if this is not in due proportion with respect to the character of the defect, especially if the defect can be removed without any unnecessary delay, the Buyer has the right to the removal of the defect free-of-charge. The Buyer has the right to the delivery of a new thing or to the exchange of a part even in the case of a removable defect, in case they cannot use the thing properly due to a repeated defect occurrence after its repair or due to a greater number of defects. In such case, the Buyer also has the right to withdraw from the agreement. If the Buyer does not withdraw from the agreement or they do not assert the right to the delivery of a new thing without defects, to the exchange of its part or to the repair of the thing, they may ask for an adequate discount. The Buyer has the right for an adequate discount even in the case that the Seller cannot deliver a new thing without defects to them, they cannot exchange the part of the thing or repair the thing, as well as in the case that the Seller does not rectify things in an adequate period of time or in case that the rectification would cause considerable difficulties to the Consumer. The Buyer does not have the right from faulty fulfilment if they were aware of the thing having a defect prior to its takeover or if the Buyer caused the defect by themselves. If the thing has a defect that binds the Seller and if it concerns a thing sold for a lower price or a used thing, the Buyer has the right to an adequate discount instead of the right to the exchange of the thing.
6.6 The claims of the Buyer stated above will not apply to (a) a thing sold for a lower price based on the defect for which the lower price was negotiated, (b) the wear and tear of a thing caused by its usual use, (c) used things for the defect that corresponds to the extent of the use or wear and tear that the thing had upon the takeover of the thing by the Buyer, or (d) the case that is implied by the character of the thing, especially in the case of mechanical damage to the thing by the Buyer, in the case of provably forbidden interventions to the goods, in the case of a natural disaster, provably incorrect use, use counter to the user’s manual or to the instructions stated on the packaging or in the certificate of warranty or use counter to the generally known rules of use.
6.7 This article does not apply to gifts that are provided to the Buyer free-of-charge along with the purchased goods, no rights to claims for defects can be asserted.
6.8 The rights to claims for defects are asserted from the Seller. However, if a different person that should carry out a repair is listed in the proof of purchase (or in the certificate of warranty) that is closer to the place of the Seller or to the place of the Buyer, the Buyer asserts the right to repair from this person.
6.9 If the Buyer asserts the right to a faulty fulfilment, the Seller will confirm the time when they asserted the right in a written form, as well as the execution of the repair and the time of its duration. If the thirty (30) days for the fulfilment of the claim are exceeded, it is a reason for a withdrawal from the sales agreement. In the case that the claim is declined by the Seller, the Buyer has the right to request a written justification for the denial of the claim.
6.10 After the claim is processed by the Seller, they inform the Buyer via e-mail. In the case that the goods were sent through a shipping service, it will be sent to the address of the Buyer after the processing of the claim. The Seller will issue or send a written confirmation to the Buyer that will include the date and the manner in which the claim was processed, the confirmation on the execution of the repair and the time of duration of the processing of the claim, alternatively the justification for the denial of the claim. In the case that the goods that was subject to the claim is not picked up from the warranty repair within two (2) months since the lapse of the period when the warranty repair was executed, the Buyer is obligated to pay the storage fee to the Seller in the amount of 20 CZK (in words: twenty Czech crowns) for every commenced day of the delay with the pick-up of the goods. In the case that the goods will not be picked up even within the period of the following two months, the thing is considered to be abandoned by the Buyer. Upon the handing out of the goods after the processing of the claim, the Buyer is obligated to present the document that they have received upon the acceptation of the goods for warranty claims, or they have to prove their identity. The costs in accordance with Section 1924 of the Civil Code are considered to be the lowest possible.
7.1 The Buyer may withdraw from the agreement within 14 days since the takeover of the goods or since the last part of the delivery is supplied, regardless of the manner of the takeover of the goods or the execution of the payment. The stated time limit is intended for the Buyer to acquaint themselves with the character, properties and the functionality of the goods to an adequate extent. The Buyer has the right to withdraw from the agreement any time before the delivery of the goods as well. The Buyer does not have to state the reason for which they are withdrawing from the agreement. The form for a withdrawal from the agreement can be downloaded here. We would like to draw the attention to the fact that it is not possible to withdraw from the agreement on the delivery of the goods that was customised according to the wishes of the Buyer or for them personally.
7.2 The Seller is obligated to return the amount to the Buyer that fully corresponds with the price of the goods and the costs paid for its delivery, and using the same method through which the payment was accepted from the Buyer. However, the Seller is obligated to reimburse the Buyer for the cheapest option of delivery. The Buyer is obligated to send or hand over the purchased goods to the Seller within 14 days at the latest since the date of the withdrawal. The Seller is obligated to return the money for the goods to the Buyer only after the goods are returned to them or sent in the below-described state is credibly proven. The goods are supposed to be returned to the Seller in a complete state, preferably in its original packaging, it may not show any signs of wear and tear or damage. The costs for the return of the goods back to the Seller including the due packaging of the goods, are borne by the Buyer, and the Seller has the right to deduct the costs from the returned amount. With respect to the minimization of such possible costs, we recommend using the original packaging. Along with the goods, the Buyer is obligated to return also all the gifts provided along with those goods to the Seller.
7.3 In the case that the returned goods are damaged due to the violation of the obligations of the Buyer or it shows some signs of wear and tear, in relation to the Buyer, the Seller has the right to assert their right for the reimbursement for the decreased value of the goods and for its deduction from the returned amount.
8.1 PROTECTION OF PERSONAL INFORMATION. Within the meaning of Articles 13 and 14 of Regulation (EC) No 2016/679 of the European Parliament and of the Council (General Data Protection Regulation)(hereinafter only as the “Regulation "), the Seller hereby informs the Buer that, as a personal data controller, he processes personal data of the Buyer. Personal data of the Buyer are processed to the extent of: name and surname, address, bank account number, email address, telephone number, IP address (network interface identifier in the computer network) and breed, sex and age of the dog. The legal basis for the processing of personal data is within the meaning of Article 6 (1) (b) the order for performance of the contract, and also within the meaning of Article 6 (1) (f) of the Regulation to protect the legitimate interests of the Seller as a data controller and also within the meaning of Article 6 (1) c) of the Regulation on the fulfillment of the legal obligation. The purpose of the processing of personal data is to fulfill the obligations of the contract on sale, fulfillment of obligations in the field of public law (accounting and tax and archiving) and communication and offering of products and services, including sending information about organized events, products and other marketing activities of the Seller. The personal data will be retained for 10 years from the termination of the contractual relationship, in accordance with the obligation of archiving invoices and contracts based on national accounting and tax legislation. The Seller does not make automatic individual decisions within the meaning of Article 22 of the Regulation. Personal data may be processed by the processor on the basis of a contractual relationship with the controller. Personal data will not be transferred to third countries. Under the terms of the Regulation, the Buyer, as the data subject, is entitled to require the Seller to ask access to his personal data, the right to ask for rectification or erasure of personal data, or to restrict the processing, the right to object to the processing of personal data, and the right to portability of personal data. If the Buyer is considered that by processing of his personal data has been breached or violated the Regulation, he has the right, inter alia, to file a complaint with the Supervisory Authority. The data subject has the right to object to the processing of personal data. If the Buyer wishes to contact the Buyer regarding the data protection and / or carry out any of the above mentioned actions, he may do so at the e-mail address email@example.com or at the Seller's address and may use the form available for download here.
8.2 CHANGE OF TERMS AND CONDITIONS. The Seller has the right to, in an adequate extent, unilaterally change these Terms and Conditions. The Seller will inform on the change on their website www.sofadogwear.eu or www.sofadogwear.de.
8.3 PROTECTION OF INTELLECTUAL PROPERTY. The Buyer takes into account that the goods of the Seller is subject to the international protection of intellectual and industrial property, especially the rights to trademarks and further to the protection of copyright laws and they also take into account that they do not have the right to copy the goods of the Seller or to use it or the trademarks that the goods is labelled with counter to the effective legal regulations. Violation of the rights to intellectual property may be considered a criminal act. All the rights of the Seller in this respect are enforced by a law office and the violator bears all the related costs.
8.4 RESOLUTION OF DISPUTES. Mutual disputes between the Seller and the Buyer are dealt with by general courts. In accordance with the Act No. 634/1992 Sb., on Consumer Protection, as amended, the Buyer has the right to an out of court resolution of the consumer dispute resulting from a sales agreement or a service agreement. The subject that has the right to carry out an out of court resolution of the dispute, is the Czech Trade Inspection Authority (www.coi.cz). An out of court resolution of a consumer dispute is commenced exclusively on a proposal of the consumer. The proposal may be submitted within 1 year at the latest since the consumer first asserted their right that is the subject matter of the dispute with the Seller. The consumer has the right to start an out of court dispute resolution online using the ODR platform available on the website ec.europa.eu/consumers/odr/.
These Terms and Conditions become effective on 1. 8. 2016.