Terms and Conditions, complaint
Terms and Conditions
1. General provisions
By placing an order, the Buyer accepts the terms and conditions for the delivery of goods declared by the Seller. The relationship between the buyer and the seller is governed by these terms and conditions, which are binding on both parties, unless expressly stated otherwise in the contract. The conditions define and specify the rights and obligations of Catus spol. s r.o. hereinafter referred to as the "Seller" and its customers hereinafter referred to as the "Buyer", and in its current wording constitute the content of the Purchase Agreement (on the delivery of goods), respectively. it is an integral part of it. If a permanent purchase agreement is not agreed between the parties, the seller will deliver the goods on the basis of an electronic order and the buyer's specification (orders delivered via e-mail) on a form available in the seller's online store.
2. Subject of the Contract
The subject of the contract is only the items expressly stated in the purchase contract - order (hereinafter referred to as the goods). The weights, dimensions, yields, prices and other information contained in the Seller's websites, catalogs, brochures and other printed matter are non-binding data unless expressly stated in the contract as binding. Seller undertakes to deliver to Buyer:
- flawless goods in accordance with the specifications or characteristics common to the type of goods
- comply with standards, regulations and regulations valid in the Czech Republic
- equipped with the Czech instruction manuals were common for the given type of goods
3. Place of performance
The place of performance is the seller's warehouse. In the case of personal collection of goods, the Buyer is obliged to submit proof of full payment of the goods in the dispensing warehouse. When collecting goods by a person other than the Buyer, the Subscriber is obliged to prove himself / herself by authorization of the Buyer, issued in the name and valid ID card of the authorized person.
4. Ordering the goods, concluding the contract
The condition of the electronic order validity is to fill in all required data and requisites in the form. The order is a draft purchase contract. To conclude a purchase contract, the seller does not require a formal confirmation of the order, the contract is then created by the delivery of the goods. The Seller may reserve the creation of a contract by confirming an order in a particularly cost-intensive case. Depending on the nature of the trade (quantity of goods, price, transport costs, distances, etc.), the Seller is always entitled to ask the Buyer to authorize the order in an appropriate manner, eg by telephone or in writing. If the buyer refuses to authorize the order in the required manner, the order is considered invalid. If a long-term general written purchase contract is concluded between the seller and the buyer, the electronic order specifies and specifies the contract concluded and is an integral part thereof. Confirmation of the content of a contract concluded in a form other than in writing, showing deviations from the actual content of the contract, has no legal effect.
5. Price and payment
Offer prices listed on the Seller's website are valid at the time of ordering. Prices in the online store may differ from the prices listed in the catalog and may be different from the prices for which you buy the goods during a personal visit to CATUS spol. s r.o. The Seller reserves the right to print errors and price changes, in the event of a change in money rates, a significant increase in inflation or a significant change in prices at suppliers. The purchase price will be considered paid only by crediting the entire purchase price for a separate part of the delivery to the Seller's current account or by paying in cash at the Seller's box office. In case of any payment deadline, the Buyer is obliged to pay the Seller fees for late payment from the amount of 0.1% in time for each day of delay. Seller reserves title to the goods until full payment of the purchase price. An invoice issued on the basis of a purchase agreement between the seller and the buyer is also a tax document. The tax receipt is also a cash sale issued when paying for the cashier's cash desk. Acceptance of goods by the Buyer is only possible after full payment, unless otherwise agreed. The price of goods is added to the transport price.
The delivery period starts from the date of receipt of the binding order, subject to receipt of all documents necessary for timely delivery. In the event that the goods are in stock, the Seller undertakes to dispatch or deliver them to the carrier within 5 working days. The delivery period will be extended accordingly to the circumstances if the delay is caused by force majeure or circumstances not caused by the seller. If the Buyer requests written confirmation of the order from the Seller, the Seller shall confirm the order to the Buyer stating the date of delivery. In the event that the ordered goods will not be in stock or cannot be delivered to the carrier within 5 days, the Seller will notify the expected delivery date or offer another comparable product. In this case, however, it will require the buyer's approval. The delivery period is deemed to be fulfilled in time if the goods will be prepared at the place of performance for delivery no later than the last day of the agreed or additionally agreed delivery period. If the Seller is not able to send the goods to the Customer within 30 calendar days (hand over to the first carrier for transport), the Seller is obliged to return without undue delay all funds expended by the Customer to the current order - the Purchase Contract on his account.
7. Traffic conditions
The consignments (unless otherwise agreed) are delivered by GEIS CZ sro to the customer's home. The delivery time is within 3 working days of delivery to the carrier. The buyer is obliged to take the goods from the carrier properly, check the integrity of the packages, the number of packages and, in case of any defects, note them on the shipping note and notify them in writing immediately to the supplier (tel .: 569 431 770-1). If the goods are sent cash on delivery, the driver of the carrier is entitled to accept the cash on delivery and confirms receipt of the money on the shipping note. The invoice and tax document are then included in the package.
All discrepancies regarding the quality of the delivered goods, the number of pieces or shipping conditions are governed by the applicable Complaints Procedure, download here. To make a claim, it is always necessary to properly fill in the claim form, to download it here and send it to e-mail: firstname.lastname@example.org
9. Final Provisions
These Terms and Conditions apply in the version stated on the Seller's website on the day of sending the electronic order, unless otherwise agreed between the parties in writing. By sending an electronic order, the Buyer accepts without reservation any provisions of the Terms and Conditions in force on the day of dispatch of the order, as well as on the day of sending the order the valid price of the ordered goods (including any shipping and shipping costs) specified in the price list on the website, unless otherwise agreed in a specific case. By sending the order (draft purchase contract) the buyer is irrevocably bound for the period specified for delivery of the goods.
The Seller undertakes not to sell the entrusted data, to provide it to a third party, nor to use personal data for a commercial offer unrelated to Catus spol. s r.o. without the consent of the data owners.
1. General provisions
The Complaints Procedure has been elaborated according to the provisions of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the "NCC") and Act No. 634/1992 Coll., On Consumer Protection, as amended (hereinafter "the Act") and relates to to consumer goods (hereinafter referred to as "Goods"), in which the rights of the buyer from liability for defects (hereinafter referred to as "claims") are exercised during the warranty period.
2. Definition of terms
The Complaints Procedure applies to goods in which the Buyer's rights of liability for defects (hereinafter referred to as "Complaints") are exercised within the warranty period (date of minimum durability, expiry date). The seller is CATUS spol. s ro, Kyjovská1598, 580 01 Havlíčkův Brod, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 2225, IČ: 15770753 and CATUS servis, spol. s ro, Kyjovská1598, 580 01 Havlíčkův Brod, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 12846, IČ: 25284002 (hereinafter referred to as the Supplier).
Buyer is an entity that has entered into a business relationship with the seller.
A defect is what does not correspond to the qualitative definition of the goods resulting from the purchase contract. Conversely, a case where the product does not meet the qualitative definition of the goods due to improper storage, use, preparation and after expiry of the consumption period (date of minimum durability and expiry date) cannot be considered a defect.
Obvious defects - defects of goods detectable at receipt of goods. Damage to the delivered parcel (wrinkled, torn, soaked packaging, etc.), improper numbers of goods to be accepted (for visibly damaged, open or broken cartons, the obligation to recalculate the quantity in the cartons immediately upon receipt of the accompanying document on the goods) is considered as obvious defects. , incorrect type of goods, broken, broken packaging, missing document or document that does not comply with the normal parameters and the VAT Act. The Buyer is obliged to claim these defects as soon as they are discovered. Hidden defects - defects of goods detectable / detected after acceptance of goods, so-called hidden defects. Hidden defects are considered to be the weight and number of products in the intact and sealed original carton, the defective packaging of the product in intact group packaging, the wrong label (only the mismatch of the label of the package with the label on the group packaging or the mismatch of the label with the contents in the package).
The Buyer is obliged to claim these defects as soon as they are discovered. Furthermore, defects of the goods detectable only when the product is used are considered as hidden defects. In particular, these defects are characterized by a taste discrepancy in the opening of the product, an olfactory discrepancy in the opening of the product (a different smell compared to the declaration), a visual irregularity - a non-homogeneous, hardened product, goods or raw material, unsatisfactory color. The Buyer is obliged to claim these defects as soon as they are discovered, but at the latest by the end of the minimum durability period stated on the goods packaging, provided that the goods are demonstrably stored under recommended conditions and in a sealed original packaging. Removable defects - defects in the product that the seller is able to dispose of at his own expense without the return of goods Defects not removable - defects in the product that the seller is unable to remove at his own expense without the return of the goods
3. Rights and obligations
At each acceptance of the goods, the Buyer is obliged to check the shipment - the integrity of the outer packaging of the shipment, the integrity and closeness of the cartons with the goods (as is visible), the physical check of the number of cartons of individual products compared to the data stated in the delivery note, physical inspection of the received type of goods against the delivery sheet. The Buyer is not obliged to take over the damaged or incomplete shipment. The reasons for such non-acceptance shall be stated by the Buyer with his signature (signature of the authorized person) in the transport document. The Buyer is not entitled to receive only part of the shipment. In case of defects, the buyer will either refuse the whole package. Any defects found (shipment breach, missing goods, non-conforming lot of goods) or shipment reservations must be entered in the shipping document that the carrier has with him and to which the buyer confirms receipt of the goods in accordance with the delivery note. The Buyer shall not be entitled to claim any obvious defects in the goods if he did not perform the acceptance check pursuant to the above procedure or if he did not register any apparent defects in the accompanying document (delivery note).
If the Buyer discovers a hidden defect, he / she complains to the Seller without undue delay after it has been discovered by telephone at +420 569 431770-5, +420 569 433 745-6 and then in writing to: CATUS spol. s r. o., Kyjovská1598, 580 01 Havlíčkův Brod, or by email: email@example.com based on complaint protocol CATF003 / 2012. Exceptions are obvious defects, which must be recorded in the delivery note at acceptance.
In written form, the buyer always states:
- name and address of the buyer
- date of the claimed defect
- date of receipt of the goods (name of the person receiving the delivery)
- product name, product batch, date of minimum durability or expiry date and date of manufacture
- the quantity of goods claimed
- the number of the purchase document (delivery note) to which the claim relates
- specific description of the claimed defect - the reason for the claim
- the claimant's name
The complaint is settled by the Seller without undue delay, no later than 30 calendar days from the date of its application, unless the parties agree otherwise. This period begins on the day of receipt of the claim.
When acknowledging the claim, the buyer has the right to deliver the undelivered goods, to exchange the claimed goods or to refund the money, including compensation for the costs associated with the claim.
The Seller is entitled to reject the claim in the following cases:
- for goods after the end of minimum durability
- if the defect is due to improper storage or failure to comply with the manufacturer's instructions
The Seller is obliged to provide the Buyer, upon request, with a written confirmation of when the Buyer has claimed the right to complain about the goods, what is the content of the complaint, what way the complaint is settled by the Buyer, and a confirmation of the date and manner of handling the complaint, including its duration. In the case of a rejected claim, the Seller shall also provide the Buyer with a written justification for this refusal.
4. Final provisions
These Complaints Rules come into effect on 1 June 2013. Changes to the Complaints Procedure are reserved.