GENERAL TERMS AND CONDITIONS

Nadační fond FUNKY DOG

These General Terms and Conditions ("Terms") of Nadační fond FUNKY DOG, with registered office at Žitavského 528, Praha 156 00, ID No. 09084827, registered in the foundation register maintained by the Municipal Court in Prague, Section N, Insert No. 1787, email katka@funkydog.cz, phone +420 774 791 987 ("We" or "Seller") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations between you, as buyers, and us, as sellers, arising in connection with or on the basis of a purchase contract ("Contract") concluded through the E-shop at www.funkydog.cz.

All information regarding the processing of your personal data is contained in the Personal Data Processing Policy, available at www.funkydog.cz/podminky-ochrany-osobnich-udaju

The provisions of these Terms form an integral part of the Contract. The Contract and Terms are drawn up in Czech. We may unilaterally amend or supplement the Terms. This provision does not affect rights and obligations arising during the validity of the previous version of the Terms.

As you know, we communicate primarily at a distance. Therefore, our Contract uses means of distance communication that allow us to reach an agreement without our simultaneous physical presence, and the Contract is concluded remotely through the E-shop, via the website interface ("e-shop web interface").

If any part of these Terms conflicts with what we have jointly agreed upon during your purchase on our E-shop, that specific agreement shall take precedence over the Terms.

1. DEFINITIONS

• Price is the monetary amount you will pay for the Goods;
• Shipping Cost is the monetary amount you will pay for the delivery of the Goods, including packaging costs;
• Total Price is the sum of the Price and the Shipping Cost;
• VAT is value added tax under applicable law;
• Invoice is a tax document issued in accordance with the VAT 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 created based on your provided details, enabling the storage of entered data and the history of ordered Goods and concluded Contracts;
• You are the person purchasing on our E-shop, referred to in law as the buyer;
• Goods means everything that can be purchased on the E-shop.

2. GENERAL PROVISIONS AND INFORMATION

• Goods may only be purchased through the E-shop web interface.
• When purchasing Goods, you are required to provide us with all information correctly and truthfully. We will therefore consider the information you provided when ordering Goods to be correct and truthful.

3. CONCLUSION OF THE CONTRACT

• The Contract with Us may only be concluded in Czech.
• The Contract is concluded remotely through the E-shop, and the costs of using distance communication means are borne by you. However, these costs do not differ from the basic rate you pay for using such means (i.e., primarily internet access); no additional costs charged by Us beyond the Total Price should be expected. By submitting your Order, you agree to our use of distance communication means.
• To conclude the Contract, you must create a draft Order on the E-shop. This draft must include the following information:
• Information about the Goods being purchased (you mark the Goods you wish to buy on the E-shop using the "Add to Cart" button);
• Information about the Price, Shipping Cost, method of payment of the Total Price, and the requested delivery method; this information will be entered during the creation of the draft Order within the E-shop interface, with Price, Shipping Cost, and Total Price automatically calculated based on your selected Goods and delivery method;
• Your identification and contact details required for delivery of the Goods, in particular name, surname, delivery address, phone number, and email address;
• During the creation of the draft Order, you may change and review the details until the Order is created. After reviewing, you create the Order by clicking the "Order with obligation to pay" button. Before clicking the button, you must confirm that you have read and agree to these Terms; otherwise, it will not be possible to create the Order. A checkbox is used for this confirmation. After clicking the "Order with obligation to pay" button, all filled-in information is sent directly to Us.
• We will confirm your Order as soon as possible after we receive it, by sending a message to the email address provided in the Order. The confirmation will include an Order summary and these Terms. Upon our confirmation of the Order, the Contract between Us and You is concluded. The Terms in effect on the date of the Order form an integral part of the Contract.
• There may be cases where we cannot confirm your Order — in particular when the Goods are not available or when you order more items than we allow. We will always inform you of the maximum quantity in advance on the E-shop. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form. In such a case, the Contract is concluded when you confirm our offer.
• If an obviously incorrect Price is stated on the E-shop or in the draft Order, we are not obligated to deliver the Goods at that Price even if you have received an Order confirmation and a Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form. The new Contract is concluded when you confirm our offer. If you do not confirm our offer within 3 days of it being sent, we are entitled to withdraw from the concluded Contract. An obviously incorrect Price includes situations where the Price does not match the usual price at other sellers, or a digit is missing or extra.
• Upon conclusion of the Contract, you become obligated to pay the Total Price.
• If you have a User Account, you may place an Order through it. In that case, you are still required to verify the accuracy, truthfulness, and completeness of the pre-filled details. The order process is otherwise identical to that of a buyer without a User Account, with the advantage that you do not need to repeatedly enter your identification details.
• In some cases, we allow discounts on the purchase of Goods. To receive a discount, you must enter the discount details in the designated field when drafting your Order. If you do so, the Goods will be provided to you at the discounted price.

4. USER ACCOUNT

• Based on your registration on the E-shop, you may access your User Account.
• When registering a User Account, you are required to provide all information correctly and truthfully, and to update it in the event of any changes.
• Access to your User Account is secured by a username and password. You are required to maintain confidentiality regarding these access credentials and not to share them with anyone. We bear no liability in the event of misuse.
• The User Account is personal, and you are therefore not authorized to allow third parties to use it.
• We may cancel your User Account, particularly if you have not used it for more than 5 years, or if you breach your obligations under the Contract.
• The User Account may not be available at all times, particularly due to necessary maintenance of hardware and software.

5. PRICE AND PAYMENT CONDITIONS, RESERVATION OF TITLE

• The Price is always stated on the E-shop, in the draft Order, and in the Contract. In the event of a discrepancy between the Price listed for the Goods on the E-shop and the Price stated in the draft Order, the Price stated in the draft Order shall apply, which will always be identical to the Price in the Contract. The draft Order also includes the Shipping Cost, and any conditions under which shipping is free.
• The Total Price is stated inclusive of VAT and all statutory fees.
• Payment of the Total Price will be required from you after the Contract is concluded and before the Goods are handed over. You may pay the Total Price in the following ways:
• Bank transfer. Payment details will be sent to you in the Order confirmation. In the case of bank transfer, the Total Price is due within 3 days.
• Online card payment. In this case, payment is processed through the Shoptet Pay payment gateway, and is governed by its terms and conditions, available at https://www.shoptetpay.com/cs. In the case of card payment, the Total Price is due within 1 day.
• Online bank transfer. In the case of an online bank transfer, the Total Price is due within 1 day.
• Cash upon personal collection. Cash payment is possible when collecting Goods at our premises. The Total Price is due upon collection of the Goods.
• The invoice will be issued electronically after the Total Price has been paid and sent to your email address. The invoice will also be physically enclosed with the Goods and available in your User Account.
• Title to the Goods transfers to you only after you have paid the Total Price and collected the Goods. In the case of bank transfer, the Total Price is considered paid upon crediting to our account; in all other cases, it is paid at the moment of payment.

6. DELIVERY OF GOODS, TRANSFER OF RISK

• The Goods will be delivered to you according to your chosen method, from the following options:
• Personal collection at our address: Žitavského 528, Praha 156 00;
• Personal collection at Zásilkovna pick-up points;
• Delivery via Česká pošta, PPL CZ, or Zásilkovna;
• Goods can be delivered anywhere within the EU.
• The delivery time always depends on the availability of the Goods and the chosen delivery and payment method. The estimated delivery time will be communicated to you in the Order confirmation. The time stated on the E-shop is indicative and may differ from the actual delivery time. For personal collection at our premises, we will always notify you by email when the Goods are ready for pick-up.
• Upon receipt of the Goods from the carrier, you are required to check the integrity of the packaging and immediately notify the carrier and Us of any defects. If the packaging shows signs of unauthorized tampering or entry into the shipment, you are not obligated to accept the Goods from the carrier.
• If you fail to fulfill your obligation to accept the Goods, except in cases under Article 6.4 of the Terms, this does not constitute a breach of our obligation to deliver the Goods to you. Failure to accept the Goods does not constitute withdrawal from the Contract between Us and You. However, we are entitled to withdraw from the Contract due to your material breach. If we exercise this right, the withdrawal is effective on the day we deliver it to you. Withdrawal from the Contract does not affect the right to payment of the Shipping Cost, or the right to compensation for damages, if any.
• If, due to reasons on your side, the Goods must be delivered repeatedly or in a manner other than agreed in the Contract, you are required to reimburse us for the costs associated with such repeated delivery. Payment details for these costs will be sent to your email address provided in the Contract and are due within 14 days of delivery of the email.
• The risk of damage to the Goods passes to you at the moment you accept them. If you fail to accept the Goods, except in cases under Article 6.4 of the Terms, the risk of damage passes to you at the moment you had the opportunity to accept them but failed to do so for reasons on your side. The transfer of risk means that from that moment, you bear all consequences associated with the loss, destruction, damage, or any depreciation of the Goods.
• If the Goods were not listed as in stock on the E-shop and an estimated availability period was provided, we will always notify you in the event of:
• an extraordinary production disruption, in which case we will inform you of the new expected availability date or whether delivery will not be possible;
• a delay in delivery from our supplier, in which case we will inform you of the new expected delivery date.
• If we are unable to deliver the Goods to you within 30 days of the delivery date stated in the Order confirmation, for any reason, both we and you are entitled to withdraw from the Contract.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

• We warrant that at the time the risk of damage to the Goods transfers to you under Article 6.7 of the Terms, the Goods are free from defects, in particular that:
• the Goods have the properties we agreed upon, and if not expressly agreed, then the properties we described in the product listing, or properties that can reasonably be expected given the nature of the Goods;
• the Goods are suitable for the purposes we stated or for purposes typical for Goods of this type;
• the Goods conform to the quality or finish of the agreed sample, if quality or finish was determined by sample;
• the Goods are of the appropriate quantity and weight;
• the Goods meet the requirements imposed by applicable law;
• the Goods are not encumbered by third-party rights.
• Rights and obligations regarding defective performance are governed by applicable mandatory legal provisions (in particular Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
• If the Goods have a defect, in particular if any of the conditions under Article 7.1 are not met, you may notify Us of the defect and exercise your rights from defective performance (i.e., file a complaint) by sending an email or letter to our addresses listed in our identification details. You may also use the sample form provided by us, which forms Annex No. 1 to these Terms. When exercising your right from defective performance, you must choose how you wish to resolve the defect, and this choice cannot subsequently be changed without our consent, except in cases under Article 7.4. We will handle the complaint in accordance with the right you have exercised. If you do not choose a remedy, you are entitled to the rights under Article 7.5 even where the defective performance constituted a material breach of the Contract.
• If the defective performance constitutes a material breach of the Contract, you have the following rights:
• to have the defect remedied by delivery of new defect-free Goods, or delivery of missing parts;
• to have the defect remedied by repair of the Goods;
• to a reasonable reduction in Price;
• to withdraw from the Contract.

If you choose option (a) or (b) and we do not remedy the defect within the reasonable time we indicated, or we notify you that we will not remedy the defect in this way at all, you are entitled to rights under (c) and (d) even if you did not originally request them. Also, if you choose repair and we determine that the defect is not repairable, we will notify you and you may choose a different remedy.

• If the defective performance constitutes a non-material breach of the Contract, you have the following rights:
• to have the defect remedied by delivery of new defect-free Goods, or delivery of missing parts;
• to have the defect remedied by repair of the Goods;
• to a reasonable reduction in Price.

However, if we do not remedy the defect in time or refuse to remedy it, you are entitled to withdraw from the Contract. You may also withdraw if you cannot use the Goods properly due to recurring defects after repair, or in the case of a large number of defects.

• In both material and non-material breach cases, you may not withdraw from the Contract or demand delivery of new Goods if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:
• the condition of the Goods changed as a result of an inspection to identify the defect;
• the Goods were used before the defect was discovered;
• the impossibility of returning the Goods in an unchanged condition was not caused by your action or omission;
• the Goods were partially sold, consumed, or modified during normal use before the defect was discovered; if this occurred only in part, you are required to return the part that can be returned, and in such case the portion of the Price corresponding to the benefit you derived from partial use of the Goods will not be refunded.
• Within 3 days of receiving a complaint, we will confirm by email that we have received it, when we received it, and the expected processing time. We will handle the complaint without undue delay, and at the latest within 30 days of receipt. This period may be extended by mutual agreement. If the period lapses without resolution, you may withdraw from the Contract.
• We will inform you of the outcome of the complaint by email. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You are required to prove these costs, e.g., by receipts or shipping cost confirmations. If the defect was remedied by delivery of new Goods, you are required to return the original Goods to us, and the costs of return are borne by us.
• If you are a business, you are required to notify and report the defect without undue delay after it could have been discovered, and at the latest within three days of accepting the Goods.
• If you are a consumer, you have the right to exercise rights from defective performance for defects that appear in consumer Goods within 24 months of accepting the Goods.
• The defect provisions do not apply in the case of:
• Goods sold at a lower Price due to a defect for which the lower Price was agreed;
• wear and tear of the Goods caused by normal use;
• used Goods for defects corresponding to the degree of use or wear the Goods had when you accepted them;
• cases arising from the nature of the Goods.

8. WITHDRAWAL FROM THE CONTRACT

• Withdrawal from the Contract, i.e., the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways stated in this article, or in other provisions of the Terms where withdrawal is explicitly mentioned.
• If you are a consumer, i.e., a person purchasing Goods outside the scope of their business, you have the right under Section 1829 of the Civil Code to withdraw from the Contract without giving a reason within 14 days of the delivery of the Goods. If we concluded a Contract for several types of Goods or delivery of multiple parts, this period begins on the day the last part is delivered; if the Contract involves regular and repeated deliveries of Goods, the period begins on the day of the first delivery. You may withdraw from the Contract in any demonstrable manner (in particular by email or letter to our addresses listed in our identification details). You may also use the sample withdrawal form provided by us, which forms Annex No. 2 to these Terms.
• Even as a consumer, you may not withdraw from the Contract if the subject of the Contract is:
• Goods customized according to your wishes or for your personal use;
• Goods subject to rapid deterioration, or Goods irreversibly mixed with other items after delivery;
• Goods in sealed packaging that were removed from the packaging and cannot be returned for hygiene reasons;
• delivery of digital content, if not delivered on a tangible medium and delivered with your prior explicit consent before the withdrawal period expired, and we informed you that you have no right to withdraw.
• The withdrawal period under Article 8.2 is considered met if you send us the notice of withdrawal during that period.
• 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 paid, or to an account specified in the withdrawal notice. However, the amount will not be refunded before you return the Goods to Us. Please return the Goods clean and if possible in the original packaging.
• In the event of withdrawal from the Contract under Article 8.2, you are required to send the Goods to Us within 14 days of withdrawal and you bear the costs of returning the Goods to Us. If you withdraw because we have breached the Contract, we will also cover the return shipping costs, but only up to the amount of the cheapest delivery option we offered when delivering the Goods.
• You are liable to us for damages in cases where the Goods are damaged as a result of your handling of them in a manner other than what is necessary given the nature and characteristics of the Goods. In such cases, we will invoice you for the damage after the Goods have been returned to us, with payment due within 14 days. If we have not yet refunded the Price to you, we are entitled to set off our claim for costs against your claim for a Price refund.
• We are entitled to withdraw from the Contract at any time before delivering 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 relating to the nature of the Goods), even before the period stated in Article 6.9 of the Terms. We may also withdraw if it is clear that you intentionally provided incorrect information in the Order. If you are purchasing Goods in the course of your business activities, i.e., as a business, we are entitled to withdraw from the Contract at any time, even without giving a reason.

9. CONSUMER DISPUTE RESOLUTION

• We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.
• We handle consumer complaints via the email address katka@funkydog.cz. Information about the resolution of a complaint will be sent to the buyer's email address.
• For out-of-court resolution of consumer disputes arising from the Contract, the competent authority is the Czech Trade Inspection Authority (Česká obchodní inspekce), with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No. 000 20 869, website: http://www.coi.cz. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used for disputes between the seller and a consumer buyer arising from a purchase contract concluded by electronic means.
• The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is a 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.

10. FINAL PROVISIONS

• If our legal relationship contains an international element (e.g., Goods are shipped outside the Czech Republic), the relationship will always be governed by Czech law. However, if you are a consumer, this agreement does not affect your rights under applicable law.
• All written correspondence between us will be delivered by email. Our email address is listed in our identification details. We will deliver correspondence to the email address you provided in the Contract, in your User Account, or through which you contacted us.
• The Contract may only be amended by a written agreement between us. However, we are entitled to amend and supplement these Terms; such changes do not affect already concluded Contracts, only Contracts concluded after the effective date of the change. We will notify you of any change to your email address at least 14 days before the change takes effect. If we do not receive notice of termination of the Contract for regular and repeated deliveries from you within 14 days of sending the notification, the new terms become part of our Contract and apply to the next delivery after the change takes effect. The notice period, if you give notice, is 2 months.
• In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, supplier disruptions, etc.), we bear no liability for damages caused as a result of or in connection with force majeure events. If the force majeure situation persists for more than 10 days, both we and you have the right to withdraw from the Contract.
• These Terms include a sample complaint form and a sample withdrawal form as annexes.
• The Contract, including these Terms, is archived electronically by us but is not accessible to you. However, you will always receive these Terms and the Order confirmation with an Order summary by email, so you will always have access to the Contract without our assistance. We recommend saving the Order confirmation and Terms.

These Terms take effect on 1 January 2022.

 

Annex No. 1 – Complaint Form

Addressee:    Nadační fond FUNKY DOG, Žitavského 528, Praha 156 00

Contact person:       Katarína Procházková, katka@funkydog.cz, +420 774 791 987

Filing a Complaint

Date of conclusion of the Contract:
Name and surname:
Address:
Email address:
Goods being complained about:
Description of defects:
Proposed remedy, or bank account number for a price reduction:

 

I also request confirmation of the complaint submission, stating when I exercised this right, the content of the complaint, my claim, the date, and the method of resolution.

Date:

Signature:

 

Annex No. 2 – Withdrawal Form

Addressee:    Nadační fond FUNKY DOG, Žitavského 528, Praha 156 00

Contact person:       Katarína Procházková, katka@funkydog.cz, +420 774 791 987

I hereby declare that I am withdrawing from the Contract:

Date of conclusion of the Contract:
Name and surname:
Address:
Email address:
Specification of Goods covered by the Contract:
Method of refund / bank account number:

 

If the buyer is a consumer, they have the right, in the case of ordering goods through the e-shop of Nadační fond FUNKY DOG ("Company") or another means of distance communication, except in cases under Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from an already concluded purchase contract within 14 days from the date of receipt of the goods, without stating a reason. The buyer shall notify the Company of this withdrawal in writing to the Company's registered address or electronically to the email address stated on the sample 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, no later than 14 days from the withdrawal, the goods received from it. The costs of returning the goods to the Company are borne by the buyer. Please send the goods to: Nadační fond FUNKY DOG, Katarína Procházková, Žitavského 528, Praha 156 00, or to a Zásilkovna, Balíkovna, PPL, or DPD branch – Elišky Přemyslovny 438, Praha Zbraslav 156 00 – Potraviny u Stromečku, PNS.

If the buyer who is a consumer withdraws from the purchase contract, the Company shall return all monetary funds (the purchase price of the delivered goods) received from the buyer under the purchase contract, using the same method.

The Company will return the received monetary funds to the buyer within 14 days of receiving the returned goods at the Company's address. Upon receipt, the Company will inspect the goods, and if they were used, damaged, or returned incomplete, the Company is entitled to unilaterally set off a claim for compensation for the reduction in value of the goods against the amount to be refunded.

Date:

Signature: