General terms and conditions
OF 2HHOLINGER, Ltd. Identification: 64049922, based in Ústí nad Labem
These General Terms and Conditions (further on also the GT&Cs) apply to the purchase in the online store www.alldogstickers.com which is operated by 2HHOLINGER, Ltd., Identification Number: 64049922, based in Ústí nad Labem registered in the Commercial Register led by Regional Court in Ústí nad Labem, Section C, and Insert 9738. These GT&Cs govern the relationships between the Buyer and the Seller in the sale of goods between 2HHOLINGER, Ltd., Identification Number: 64049922, based in Ústí nad Labem registered in the Commercial Register led by Regional Court in Ústí nad Labem, Section C, and Insert 9738 (hereinafter referred to as “the Seller”) and its trading partners (hereinafter referred to as “the Buyer”).
All contractual relations are concluded in accordance with the laws of the Czech Republic. The Buyer confirms by placing an order that he is familiar with these terms and conditions, which form an integral part of the Complaints Procedure, and agrees with them. The attention is adequately drawn to these terms and conditions before the Buyer carries out orders and the Buyer has the opportunity to become acquainted with them.
1) The Seller
The Seller is (company) 2HHOLINGER, Ltd., Identification Number: 64049922, based in Ústí nad Labem registered in the Commercial Register led by Regional Court in Ústí nad Labem, Section C, and Insert 9738.
2) The Buyer
The Buyer is a consumer or an entrepreneur.
A consumer is a natural person who by executing and performing the contract with the Seller does not conduct business or other activities or in a separate exercise of their profession. The consumer at the opening of trade relations forwards the Seller only their contact information necessary for smooth execution of orders or the data required to be listed on the purchase documents.
Legal relationships of the Seller with the Consumer specifically modified by these GT&Cs are governed by the provisions of Act. No. 40/1964, Coll., Civil Code and the provisions of Act. No. 634/1992 Coll., Consumer Protection, both as amended and related regulations.
An entrepreneur is:
- A person registered in the Commercial Register (mainly trading companies),
- A person who conducts business under a trade license (a trader registered in the Trade Register)
- A person who conducts business on the basis of other than trade license by special regulations (this includes such professions as advocacy, etc.)
- A person who is engaged in farming and is registered in the register under a special regulation.
Legal relations of the Seller with the Buyer who is an entrepreneur, not specified in these GT&Cs or the contract between the Seller and the Buyer are governed by relevant provisions of Act. No. 513/1991, Coll., Commercial Code, as amended and related regulations.
Individual contract between the Seller and the Buyer is superior to terms and conditions.
3) Consumer Contract
The purchase Contract, The Contract for Work or other contracts under the Civil Code, if the parties are a consumer and a supplier, or Seller.
3. Processing of personal data
Any use of personal data of the Buyers is governed by Act. No. 101/2000, Coll., Personal Data Protection, as amended, and other laws and regulations in force in the Czech Republic. The Buyer by their free will decision (pressing the Order button) makes it clear that is aware of all the above and agrees with the further processing of their personal data for the purposes of the business of this e-shop operator. The provision of personal data is voluntary, you have the right of access and you have the protection of the rights to the extent provided by law. This consent may be revoked in writing at any time. The personal data will be fully protected against abuse. The data will be retained and will not be shared with third party applications.
The buyer by providing such personal data and clicking on confirmation icons voluntarily agrees that the information provided to the extent that in a particular case filled or were obtained about him on the basis of concluded Purchase Contract or in the context of browsing the website of the operator were processed by the Operator and the Seller, whose data are listed in the Preamble of these conditions, as the administrator for the purpose of offering services and products of the administrator, informing on the activities of the administrator by electronic means (especially email, SMS messages, telemarketing), pursuant to Act No. 480/2004, Coll., until the consent is withdrawn (for example by sending any messages to email address: firstname.lastname@example.org). To process the above mentioned personal data the administrator can appoint the third party as a processor.
4. Order and Contract
The Buyer is entitled to send orders to the Seller only through the e-shop ordering system.
Draft contract of sale is the placement of the goods offered by the Seller to the web site; the Purchase Contract is established by sending an order by the Buyer consumer and the Seller acceptance of the order. The Seller shall immediately confirm the acceptance to the Buyer by an informative e-mail to the specified email, however, the confirmation has no effect whatsoever on the contract establishment. Resulting contract (including the agreed price) can be changed or cancelled only by agreement of the parties or pursuant to legal reasons.
These GT&Cs are written in Czech language, the Purchase Contract is only possible to conclude in Czech language as well. A consumer who is resident in a Member State of the European Union outside the Czech Republic or who is a citizen of a Member State of the European Union outside the Czech Republic, by the order confirmation agrees with the conclusion of the Purchase Contract in Czech language. After the conclusion of the Purchase Contract is not possible to determine whether the processing of data before submitting the order originated errors or correct these errors. The concluded Purchase Contract is archived by the Seller and upon the request of the Buyer is accessible within 3 years from the date of its signature.
5. Price and payment
Offers with prices quoted on the e-shop of the Seller are contractual, final, always current and valid for a period when they are offered by the Seller. Transport costs are listed in the “Delivery time and delivery conditions”. The Buyer bears the cost of using the means of distant communication. The final calculated price after filling out the order form is already listed as well including freight. As a price, when the contract is made between the Buyer and the Seller, is the price indicated on goods at the time of ordering goods by the Buyer. Tax receipt also serves as a delivery note according to the Purchase Contract between the Seller and the Buyer. The Buyer may accept the goods substantially only after full payment unless otherwise agreed.
In case the Buyer makes a payment and the Seller is not able to ensure the delivery of goods, the Seller shall return the payment to the Buyer immediately as agreed. The deadline to return the funds expended depends on the chosen method of returning but shall not exceed the period of 30 days from the time the impossibility arose.
The goods remain the property of the Seller until the full payment is made.
The Seller accepts the following payment terms:
- Credit cards
- Bank transfers
- Cash on delivery
6. Delivery time and delivery conditions
The Seller fulfils the delivery of goods upon delivery of the goods to the Buyer or handing over the goods to the first carrier thus the danger of damage to property is transferred to the Buyer. Product availability is always given in detail for the product. Delivery time depends on product availability, payment terms and delivery conditions, to a maximum of ten days. Normally, goods are dispatched within 5 working days of payment in full of the purchase price. The final delivery date is always listed in the email confirming order. Delivery does not include the installation of purchased goods. Together with the shipment, the Buyer receives a tax receipt/invoice.
Delivery period begins on the date of valid conclusion of the purchase contract pursuant to Article 4 of GT&Cs for the goods to be paid by the Buyer upon receipt, i.e. cash on delivery. In case the Buyer chose a different payment option than payment for goods upon receipt, the delivery period shall run until the full payment of the purchase price, i.e. from the receipt of payment to the Seller's account.
The Seller accepts the following delivery conditions:
- Česká pošta
Within 10 days from the purchase of goods we provide the opportunity to exchange goods free of charge and in the course of this free exchange it is possible to send the goods only 1 time to the Buyer either by sending a new size of the goods or sending any other product.
In case of returning the goods by the Buyer to the Seller within 10 days, the Seller pays the cost of shipping. If you order goods in the value of over 25000,-Kč, the Seller bears the cost of shipping.
7. Warranty and Service
If consumer goods, the warranty period is 24 months; in case of sale of food products, the warranty period is eight days, for the sale of feed it is three weeks and the sale of animals six weeks. If the sold items, their packaging or instructions attached, are marked the deadline for the application items in accordance with the specific legislation, warranty period expires at the end of this period.
The warranty does not cover wear and tear caused by normal use. For items sold at a lower price, the warranty does not apply to defects for which the lower price was agreed. In case of used goods, the Seller is not liable for defects caused by use or wear and tear which the goods have upon receipts by the Buyer.
To exercise the warranty repair is required to submit the proof of purchase (bill, invoice, the lease contract) or warranty certificate. In case of sending goods to the Seller, the goods must be packed for transport so as to avoid damage during transport.
The Seller does not provide post-warranty service to the Buyer.
8. Complaints procedure
In the event that during the warranty period a defect occurs, the Buyer has, depending on the nature of the defects, in the application of guarantees the following rights:
- In case of removable defects:
a.) The right to free, fair and timely defects removal
b.) The right to replacement of the defective goods or defective parts if this is not due to the nature of the defect disproportionate
c.) In case of impossibility of the procedures referred to in points a.) and b.) has the right to a reasonable discount on the purchase price or withdraw from the contract
- In case of irreparable defects:
a.) The right to replacement of the defective goods or withdraw from the contract
- In case of removable defects, if the Buyer cannot properly use the goods, in case of re-occurence of the defect after repair (i.e. the goods being 3x a claim for the same defect) or for a greater number of defects
a.) The right to replacement of the defective goods or withdraw from the contract
- In case of other irremovable defects and the consumer does not require the replacement of the goods:
a.) The right to a reasonable discount on the purchase price or withdraw from the contract
A complaint can be filed with the Seller, and in all its premises.
Complaints shall not apply in cases:
- if a defect or damage is formed by provably incorrect use, in conflict with the instructions for use or other improper conduct of the Buyer
- demonstrable tampering with goods
- to defects resulting from: normal wear and tear of consumer goods with set time limits for use by special legislation if such a claim is applied after the deadline of the time limits
- defects caused by the impact of natural disasters
9. Termination of the Contract
Due to the nature of the conclusion of the Purchase Contract by means of distant communication, the Buyer, who is a consumer, has the right to withdraw from this contract without any penalty within 10 days of receipt of goods. Furthermore, the Buyer, who is a consumer, has the right to withdraw from this contract in accordance with §53 paragraph 7 and 8 of Act No 40/164 Coll., Civil Code, as amended. The above does not apply to the Buyer, who is an entrepreneur and sign a purchase contract in connection with its business activities. In case of the above mentioned withdrawal from the contract, the purchase price will be sent by the Seller to the bank account of the Buyer which for this purpose is notified by the Buyer to the Seller.
The Seller has the right to terminate the Contract if the Buyer fails to pay the full amount of the purchase price within 30 days from the date of the conclusion of the purchase contract.
10. Final provisions
The Buyer enables the Seller the fulfilment of obligations in concordance with the offer/contract for which develops all necessary assistance.
The Buyer agrees to pay all costs incurred by the Seller sending out reminders and costs associated with the recovery of any debts.
The Buyer acknowledges that the Seller shall be entitled to assign its claim under the contract to a third party.
The Buyer will immediately inform the Seller about changing their identification data no later than five business days from the date of such change occurs.
The parties undertake to make every effort for amicable settlement of all disputes arising from the Contract and/or the GT&Cs or in connection with them.
The mutual contractual relationship between the parties shall be governed by the laws of the Czech Republic, in particular Act No 40/164 Coll., Civil Code, as amended. For the purposes of contracting with an international body that, in accordance with Article III. Regulation No 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council of the European Union on 17 June 2008 (further on as “Rome I”) that chose the law applicable to the Purchase Contract and these GT&Cs the Czech law, this excludes the use of “The UN Convention on Contracts for the International Sale of Goods”. This option is without prejudice to Article VI of Rome I relating to consumer contracts.
In the event that any provisions of the Contract and/or the GT&Cs is or becomes or is found to be invalid or unenforceable, it shall not affect (to the fullest extent permitted by law) the validity or enforceability of the remaining provisions of the Contract and/or the GT&Cs. The contractual parties in such cases to replace the invalid or unenforceable provision by a valid or enforceable provision that will have to the fullest extent the same and legislation permitted meaning and effect as was the intention of the provision to be replaced. The legal care by contracting parties declare, in case of contracting with international body for any cases of disputes (with the exception of disputes in which exclusive jurisdiction of an arbitrator and/or in connection with them) or for cases in which a final decision by the court found that there is not given the authority of an arbitrator according to the clause of the GT&Cs that in accordance with Article 23 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, negotiating the exclusive jurisdiction of the Regional Court in Ústí nad Labem for deciding any future disputes under the Contract and/or the GT&Cs and/or in connection with them. Also, the parties hereby establish for all disputes in connection with the Contract and the GT&Cs (with the exception of disputes in which the exclusive jurisdiction of an arbitrator is given and/or in connection with them) exclusive jurisdiction of the Regional Court in Ústí nad Labem.
These GT&Cs shall become effective on February 1, 2014 and are available at the website of the Seller. These GT&Cs, the Seller is authorized to change. The validity and effect of theGT&Cs then expire on the effective day of later GT&Cs.