Terms and Conditions of the entity of DG DogGear s.r.o. with its registered office at Zábrdovická 827/10, city Brno, Postal code 61500, Czech Republic, Id. No.: 09076522, registered with the Municipal Authority of Brno oddíl C, vložka č. 117097for sale of goods through an e-shop at ww.dgdoggear.com.

 

 

Recitals

1. These terms and conditions (hereinafter the “Terms and Conditions” or “T&C”) of the e-shop of the entity DG DogGear s.r.o. with its registered office at Zábrdovická 827/10, city Brno, Postal code 61500, Czech Republic, Id. No.: 09076522, hereinafter the “Seller”) provide for the mutual rights and obligations of the Parties in connection with or under a purchase contract (hereinafter the “Purchase contract”) concluded between the Seller and a natural person or legal entity (hereinafter the “Buyer”) through the Seller’s e-shop in conformity with Section 1746 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”). The Seller operates their e-shop at www.dgdoggear.com, provided via the web interface (hereinafter the “Interface”).

 

2. The Terms and Conditions also provide for the mutual rights and obligations of the Parties in the use of the Seller’s website at www.dgdoggear.com (hereinafter the “Website”), and other related legal relations. The Terms and Conditions do not apply to cases where a person who intends to purchase the goods from the Seller is a legal entity or person acting within the framework of a business activity or profession when ordering the goods.

 

3. Provisions deviating from the T&C may be agreed in the Purchase Contract. Any deviating provisions contained in the Purchase Contract shall prevail over the provisions of the T&C.

 

4. The provisions of the T&C form an integral part of the Purchase Contract. The Purchase Contract and the T&C are drawn up in the Czech language. A Purchase Contract may be executed in Czech.

 

5. The Seller may change and/or supplement the wording of the T&C. This provision shall in no way prejudice the rights and obligations established during the term of effect of the previous wording of the Terms and Conditions.

6. In accordance to the law is the seller obligated to issue the sale slip. At the same time is the seller obligated to register this sale slip online at the tax administrator. In case of technical difficulties is the seller obligated to do so within following 48 hours.

 

User Account

1. Based on the Buyer’s registration made on the Website, the Buyer can access their user interface (hereinafter the “User Account”). The Buyer can order goods by means of their User Account. The Interface also enables the Buyer to order goods without registration directly from the Interface.

 

2. The Buyer must always provide accurate and true data when registering on the Website and ordering goods. The Buyer must update the data provided in the User Account whenever the data change. The Seller deems that the data provided by the Buyer in the User Account when ordering goods are accurate.

 

3. The access to the User Account is secured by the username and password. The Buyer is obliged to maintain confidentiality of information necessary to access their User Account, and acknowledges that the Seller is not liable for any breach of this obligation by the Buyer.

 

4. The Buyer may not provide their User Account to be used by any third parties.

 

5. The Seller may cancel the User Account, particularly if the Buyer haven’t used it for more than 365 days, or if the Buyer breaches their obligations under the Purchase Contract (including the Terms and Conditions).

 

6. The Buyer acknowledges that the User Account may not be accessible continuously, particularly with respect to the necessary maintenance of the Seller’s hardware and software equipment, or, if applicable, necessary maintenance of hardware and software equipment of third parties.

 

Execution of the Purchase Contract

1. Any presentation of goods shown in the Interface is indicative only and the Seller is not obliged to enter into any purchase contract concerning the goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.

 

2. The Interface contains a list of the goods offered by the Seller, including the prices of the individual items. Prices of the offered goods are specified including value added tax and all related fees. The offer and prices of the goods are valid as long as they are displayed on the Interface. This provision shall in no way limit the Seller’s option to enter into a purchase contract under terms and conditions agreed individually.

 

3. The Interface also contains information on the costs related to the packaging and shipment of goods. This information only applies to deliveries within The Czech Republic.

 

4. To place a purchase order, the Buyer shall fill in the order form on the e-shop Interface. The order form includes, in particular, information on:

 

• The goods being ordered (the Buyer shall “place” the goods being ordered in his/her shopping cart on the Interface

 

• The manner of payment of the purchase price of the goods and information on the requested manner of delivery of the goods being ordered, and

 

• The costs related to the shipment of the ordered goods (hereinafter jointly the „Purchase Order“)

 

5. Before a Purchase Order is sent to the Seller, the Buyer can check and modify the data that they specified in the Order, with a view to allowing them to determine and correct any mistakes made when filling in the Order. The Buyer sends the Purchase Order to the Seller by clicking on the button “Send Order”. The Seller deems that the data provided in a purchase order are accurate. Immediately after the receipt of the Purchase Order, the Seller shall confirm the acceptance of the Purchase Order via an email to the Buyer’s email address indicated in the User’s Account or the Purchase Order (hereinafter the „Buyer’s Email Address“).

 

5. At all times, depending on the nature of the Purchase Order (quantity of goods, amount of the purchase price, estimated transport costs), the Seller may request that the Buyer subsequently confirms their Purchase Order (e.g. in writing or by telephone).

 

5. The contractual relationship between the Seller and the Buyer is established upon delivery of the acceptance of the Purchase Order sent by the Seller to the Buyer via an email to the Buyer’s Email Address.

 

5. The Buyer acknowledges that the Seller is not obliged to enter into a purchase contract, especially with such parties that have materially breached a purchase contract (including T&C) before.

 

The Buyer agrees with the use of means of distance communication in execution of the Purchase Contract. Any costs incurred by the Buyer in the use of means of distance communication in relation to execution of the Purchase Contract (costs of internet connection, telephone charges) shall be borne by the Buyer himself.

 

Price of Goods and Payment Terms

1. The Buyer may pay the price of goods and, where applicable, any costs related to the shipment of goods under the Purchase Contract as follows:

 

Card payment via GoPay – we accept VISA Electron, VISA, Maestro, and MasterCard. We accept EUR, CZK and USD.

 

PayPal at www.paypal.com  . We accept EUR, CZK and USD.

 

 

2. Together with the purchase price, the Buyer must also pay to the Seller the agreed amount of costs related to the packaging and delivery of goods. Unless expressly stated otherwise, the term “Purchase Price” also includes hereinafter the costs related to the delivery of goods.

 

2. The Seller does not require to pay an advance or similar payment. This provision shall in no way prejudice the provisions of article 4.6 of the Terms and Conditions concerning the payment of the Purchase Price in advance.

 

2. Where the payment is made in cash or through pay on delivery, the Purchase Price shall be payable upon takeover of the goods. In case of cashless payment, the Purchase Price shall be payable within 7 days of the date of the Purchase Contract.

 

5. If the Purchase Price of the goods is paid by means of cashless payment, the Buyer must indicate a variable symbol of the payment. In case of a cashless payment, the Buyer’s obligation to pay the purchase price is deemed fulfilled as soon as the Seller’s account is credited with the relevant amount.

 

5. The Seller is entitled, especially if the Purchase Order is not sufficiently confirmed by the Buyer (Art. 3.6), require that the entire Purchase Price be paid before the goods are dispatched to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.

 

5. Discounts, if any, on the price of goods provided by the Seller to the Buyer cannot be combined.

 

5. If usual in a business relationship or if stipulated by generally binding legal regulations, the Seller shall issue a tax receipt – invoice - to the Buyer for any payments made on the basis of the Purchase Contract. The seller is a VAT payer. The Seller shall issue the tax receipt - invoice - to the Buyer after the price of the goods is paid and shall send it to the Buyer along with the ordered goods.

 

Transport and Delivery of Goods

1. The Buyer shall determine the manner of delivery at ordering the goods. The Seller is entitled to change the manner of delivery, if the manner of transport chosen is not suitable for the ordered goods or if the manner of transport is not possible according to the carrier’s terms and conditions.

 

2. If, under the Purchase Contract, the Seller must deliver the goods to the place indicated by the Buyer in the Purchase Order, the Buyer must take over the goods upon delivery. If the Buyer fails to accept the goods upon delivery, the Seller is entitled to claim the costs for the transportation to the place of delivery in the amount of the actual cost of the delivery that took place, and the Seller may further withdraw from the Purchase Contract.

 

3. If the goods need to be delivered repeatedly or in a different manner than specified in the Order due to reasons on the part of the Buyer, the Buyer is obliged to pay the costs associated with the repeated delivery, or the costs associated with a different manner of delivery.

 

4. Upon takeover of the goods, the Buyer must check that the packaging of the goods is intact and notify the carrier of any shortcomings without delay. The Buyer is not obliged to take the shipment over from the carrier if any damage to the packaging is ascertained and such damage indicates that the shipment has been tampered with. By signing the carrier’s delivery note, the Buyer confirms that the consignment of the goods met all the conditions and requisites, and no later claims regarding a package damage shall be taken into account.

 

5. Further rights and obligations of the Parties concerning the transport of the goods may be provided by delivery terms of the Seller, if they has been issued by the Seller.

 

DELIVERY OF THE GOODS

 

The amount of shipping fee is dependent on the chosen carrier, and weight and size of the package. We always try to find the cheapest and most suitable option for you.

The seller reserves the right to change the carrier in case of the service unavailability in buyer’s region.

 

TIME OF DELIVERY OF THE GOODS

Availability of each product on business days is specified before the sending (the day of the Purchase Order not included). However, it is possible that the same goods can be picked up by someone else before you, and the goods will become temporarily unavailable. In such a case, we will inform you about this fact. You can also find out about the availability of the goods via email to info@dgdoggear.com.

 

 

 

Withdrawal from the Purchase Contract

1. The Buyer acknowledges that pursuant to provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract on delivery of the goods that was in any way customised or personalised, on the supply of goods subject to rapid decay, as well as goods which were irreversibly mixed with other goods after supply, on the supply of sealed goods which were unsealed after supply by the consumer and which are not suitable for return due to hygiene reasons, and on the supply of audio or video recordings or computer software whose original seal was unsealed after supply.

 

2. Except for the case mentioned in the previous paragraph or other case where it is not possible to withdraw from the Purchase Contract, the Buyer may withdraw from the Purchase contract, in accordance with Section 1829 (1) of the Civil Code, within fourteen (14) days of the takeover of goods; if the Purchase Contract provides for the purchase of several classes of goods or the delivery of several parts, the said period shall run from the date of takeover of the last delivery of goods. The notice of withdrawal from the Purchase Contract must be sent to the Seller within the deadline specified in the previous sentence. The notice of withdrawal may be sent to the Seller’s address at: DG DogGear, Zábrdovická 10, 61500 Brno, CZ or to the Seller's email address info@dgdoggear.com.

 

3. In case of withdrawal from the Purchase Contract pursuant to the Terms and Conditions, the Purchase Contract is deemed terminated from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the Contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs related to returning the goods to the Seller, even where the goods cannot be returned by regular mail due to the nature of the goods.

 

4. The Seller is entitled to inspect the returned goods in order to establish whether the returned goods is damaged, worn out or partly used up within fifteen (15) days of returning the goods by the Buyer according to the Terms and Conditions

 

5. In case of withdrawal from the Purchase Contract pursuant these T&C, the Seller shall refund the financial means received from the Buyer within thirty (30) days of the withdrawal from the Purchase Contract by the Buyer; the Seller shall do so in the same manner as the Seller acquired it. The Seller may also refund any performance provided by the Buyer when the goods are returned by the Buyer or otherwise if the Buyer agrees and incurs no additional costs in this way. If the Buyer withdraws from the Purchase Contract, the Seller is obliged to return the funds received from him only after the Buyer has handed over the goods to the Seller or proved to him that the goods were dispatched to him.

 

6. The Seller may unilaterally set off the entitlement to compensation of the damage caused to the goods against the Buyer’s entitlement to a refund of the purchase price.

 

7. The Seller may withdraw from the Purchase Contract at any time before the goods are taken over by the Buyer. In that case, the Seller shall refund the purchase price to the Buyer without undue delay, by wire transfer into an account indicated by the Buyer.

 

8. Where a gift is provided to the Buyer along with the goods, the donation agreement between the Seller and the Buyer is concluded subject to a condition subsequent consisting in the fact that if the Buyer withdraws from the Purchase Contract, the donation agreement concerning the gift expires and the Buyer must return the provided gift to the Seller along with the goods.

 

 

Rights arising from a defective performance

1. The rights and obligations of the Parties in respect of any defective performance shall be governed by the applicable generally binding regulations (especially Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code)

 

2. The Seller warrants to the Buyer that the goods are free of defects upon takeover. The Seller warrants, in particular, that at the time of takeover of the goods by the Buyer:

 

• the goods have the properties agreed by the Parties; in the absence of such an agreement, the goods have such properties which the Seller or producer described or which the Buyer expected given the nature of the goods concerned and the advertising presented by the Seller or producer;

 

• the goods are suitable to be used for the purpose stated by the Seller or for which the goods of such kind are usually used;

 

• the goods' quality or design corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model;

 

• the goods have the corresponding quantity, measurement or weight; and

 

• the goods meet the requirements stipulated by the legal regulations.

 

3. The provisions of Art. 7.2 hereof do not apply to any defects of goods sold at a reduced price agreed due to the defect; to any wear and tear of goods caused by normal use thereof; to any defects of used goods where the defect corresponds to the degree of use and wear and tear and the goods had the defect upon their takeover by the Buyer or where it follows from the nature of the goods.

 

3. If the defect becomes apparent within six months of takeover, the goods shall be presumed to have already been defective upon takeover.

 

3. The Buyer shall assert rights based on defective performance in person or post at the address of the Seller’s establishment: DG DogGear, Areál Hlubna, 1. floor, Zábrdovická 10, 61500 Brno .A defect shall be deemed claimed as soon as the relevant goods are received by the Seller from the Buyer.

 

Further Rights and Obligations of the Parties

1. 1. The Buyer acquires the ownership title to the goods upon payment of the full purchase price of goods.

    

   2. The Buyer acknowledges that programmes and other parts of the Interface (including photographs of the offered goods) are protected by copyright. The Buyer agrees not to perform any activity that would allow him or any third parties to infringe or use the programmes and other parts of the Interface without authorisation

    

   3. While using the Seller’s Interface, the Buyer is not authorised to use any mechanisms, programmes or other procedures that could in any way negatively affect the interface. The Buyer is entitled to use the Interface only to the extent that does not cause any damage to other customers of the Seller and in accordance with its purpose.

    

   4. The Seller is not bound by any Code of Conduct in the sense of Section 1826 (1)(e) of the Civil Code to the Buyer.

    

   5. The Buyer acknowledges that the Seller is not liable for any defects that arose as a result of third parties tampering with the Seller’s Website or as a result of using the website at variance with its purpose

    

   6. The seller reserves the right to inquire about the purpose of the buyer's purchase if he suspects that the goods will be misused to infringe copyright. In such cases, the seller reserves the right to cancel the order. The seller will return the funds immediately to the buyer's account.

 

 

 

Delivery of the goods

1. Unless agreed otherwise, all correspondence connected to the Purchase Contract shall be in writing, delivered namely via electronic post, in person or by registered mail via a postal service provider (of the sender’s choice). Correspondence shall be delivered to the Buyer’s e-mail address given in his User’s Account.

 

2. The correspondence is deemed delivered:

 

• for delivery by e-mail upon its receipt at email server; the integrity of the sent messages may be ensured via a certificate

 

• in case of delivery in person or by registered mail via a postal service provider upon its acceptance by the addressee

 

• in case of delivery in person or by registered mail via a postal service provider also upon refusal to accept the consignment,, if the addressee (or a person authorised by him to accept the delivery)  refuses to accept the consignment.

 

• in case of delivery via a postal service provider, after the deadline of ten (10) days after the consignment was deposited, and the addressee received an invitation to collect the consignment deposited, if the consignmrnt is deposited at the postal service provider even if the addressee has not learnt of the depositing

 

Final Provisions

1. Where the relationship established by the Purchase Contract or connected to the Sellers website comprises an international (foreign) element, the Parties hereby agree that their relationship shall be governed by the Czech laws. This shall in no way prejudice consumers’ rights under the generally binding legal regulations

 

2. The Seller is authorised to sell goods based on a trade licence and is not a subject to the Seller's employment. The operation of trade is controlled by the competent trade authority within its jurisdiction.

 

3. If any provision hereof is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision that is as close as possible, in its meaning, to the invalid provision. Invalidity or ineffectiveness of any provision shall in no way prejudice the validity of other provisions. Any changes or supplements to the Purchase Contract or the T&C shall be made in writing.

 

4. The Seller shall archive each Purchase Contract, including the T&C, in electronic form and is not accessible

 

5. Contact details of the Seller: Mailing address DG DogGear, Zábrdovická 10, 61500 Brno, CZ email address: info@dgdoggear.com, + 420 734 318 727