Terms and Conditions for Consumers

VETlímce s.r.o. Vltavínová 1334/3, Černice, 326 00 Plzeň, www.vetlimce.cz

1. Introductory Provisions

1.1 These terms and conditions (hereinafter "terms and conditions") govern the mutual relationships, rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter "purchase contract") between the commercial company VETlímce s.r.o., with its registered office at Vltavínová 1334/3, Černice, 326 00 Plzeň, Company Registration Number: 11979160, registered in the Commercial Register maintained by the Regional Court in Plzeň, Section C, Insert No. 41398 (hereinafter "seller") and the person who concludes a purchase contract with the seller (hereinafter "buyer").

1.2 The provisions of these terms and conditions apply exclusively to a buyer in the capacity of a consumer and do not apply to cases where the person intending to purchase goods from the seller is not a consumer, i.e. is a person who, when ordering goods, acts within the scope of their business activity or within the scope of their independent professional practice.

1.3 Arrangements deviating from the terms and conditions may be agreed exclusively in writing, in particular by means of an enquiry form or via electronic mail. Such deviating arrangements agreed in writing take precedence over the provisions of the terms and conditions.

1.4 The terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are governed by Czech law.

1.5 The seller may amend or supplement the wording of the terms and conditions. The rights and obligations arising during the period of validity of the previous version of the terms and conditions shall not thereby be affected. The terms and conditions are available in written form at the seller's registered office and also in electronic form on the website at the link https://vetlimce.cz/obchodni-podminky.

1.6 All presentations of goods placed on the website are informational in nature. The offer to conclude a contract in respect of the goods presented is subject to the condition of availability of stock and the seller's ability to perform.

1.7 The website contains information about goods (designation and principal characteristics); information about the price of goods will be provided to the buyer upon completion of the order form or upon communication of the same information via electronic mail or by telephone. Delivery costs vary according to the chosen method and carrier and the method of payment of the purchase price.

1.8 Prices of goods are quoted inclusive of value added tax.

1.9 These terms and conditions do not restrict the seller's ability to conclude a purchase contract on individually agreed terms.

1.10 If goods are offered as part of a testing programme, this means that the seller is unable to guarantee all of the properties of the goods for the purposes for which they are offered, and a condition of purchasing them is the buyer's express consent to participation in the testing programme and a waiver of the right to claim damages, respectively the release of the seller's liability in relation to the consequences of using the product.

2. Conclusion of the Purchase Contract

2.1 The buyer concludes the purchase contract by submitting an order form on the seller's website, or by sending the details set out in the order form to the seller's electronic mail address, or by communicating such details by telephone (hereinafter "order"). Within the order the buyer shall communicate:

• (a) contact details,
• (b) the preferred type of goods (type, pattern),
• (c) details regarding the nature, type, state of health, measurements, breed and age of the animal,
• (d) the method of delivery of goods and payment of the purchase price.

2.2 Prior to submitting the order to the seller, the buyer is given the opportunity to check and alter the information entered in the order, including with a view to the buyer's ability to ascertain and correct errors arising in the entry of data into the order.

2.3 The contract is concluded at the moment the buyer submits the order by clicking the "ORDER" button. Upon conclusion of the contract, the buyer becomes obliged to pay the purchase price and the associated costs in accordance with their chosen method of payment of the purchase price and associated costs.

2.4 The seller shall confirm the conclusion of the purchase contract by sending a message to the buyer's e-mail address specified in the order (hereinafter "buyer's e-mail address"), which sets out the principal content of the contract concluded and the terms and conditions in their current version.

2.5 The seller is at all times entitled, depending on the nature of the content of the purchase contract (quantity of goods, estimated purchase price, anticipated delivery costs), to request that the buyer confirm the genuine intention to conclude the purchase contract (in writing or by telephone).

2.6 The seller has the right to inform the buyer of the current unavailability of the goods under the terms of the purchase contract and of the earliest possible delivery date. In such a case the buyer has the right to withdraw from the purchase contract in accordance with Article 6 of the terms and conditions.

2.7 The buyer consents to the use of distance communication means when concluding the purchase contract. Costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the buyer, and such costs are governed by the terms agreed between the provider of the relevant service and the buyer.

2.8 The seller has the right to inform the buyer of the current unavailability of goods and of the earliest possible delivery date.

3. Price of Goods and Payment Terms

3.1 The buyer may pay the seller the price of goods and any costs associated with delivery of goods under the purchase contract in the following ways:

• (a) in cash at the place of business upon collection,
• (b) in cash or by cashless payment upon cash on delivery at the place specified in the order,
• (c) by cashless bank transfer to the seller's account number: 2802062464/2010, held at Fio banka, a.s., using the variable symbol which is the invoice number, within 3 days of conclusion of the purchase contract,
• (d) by cashless payment through the relevant payment gateway under the terms set by its operator.

3.2 Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. The purchase price includes such costs unless otherwise agreed. For the purposes of this Contract, the purchase price shall also be understood to include the costs associated with delivery of goods, unless otherwise stated.

3.3 The seller does not require a deposit or other similar payment from the buyer unless expressly agreed otherwise.

3.4 The seller is entitled to require payment of the full purchase price before dispatching the goods to the buyer. Section 2119(1) of the Civil Code shall not apply.

3.5 Any discounts on the price of goods granted by the seller to the buyer may not be combined with one another.

3.6 The seller shall issue the buyer with a tax document in respect of payments made under the purchase contract. The seller is a VAT payer. The seller shall issue the tax document to the buyer at the moment of dispatch of the order and shall send it in electronic form to the buyer's e-mail address.

4. Gift Vouchers

4.1. Where the subject of the purchase is a gift voucher (hereinafter "voucher"), its presentation confers upon the voucher holder who presents it the right to select, at the buyer's expense from the seller, a benefit in the form of payment for goods purchased by the voucher holder from the seller up to the value stated on the gift voucher, in the manner and under the conditions set out in this article.

4.2. The value stated on the voucher shall be deducted from the total price of the goods at the moment of conclusion of the purchase contract between the voucher holder and the seller. The voucher may be used by only one person; the buyer is treated in the same manner as the voucher holder, and the provisions relating to the voucher holder shall apply accordingly to such buyer.

4.3. The voucher holder shall identify themselves to the seller by presenting the voucher in paper or electronic form according to its format, or by providing the unique code associated with the gift voucher. A paper voucher may also be presented as an electronic copy.

4.4. The voucher is not exchangeable for money. The voucher cannot be given as change. The value of the voucher may be spent through repeated purchases before its expiry date. The voucher may be used by only one person. Only the person who used it first may use it again on repeated occasions.

4.5. In the event of withdrawal from the purchase contract or in the event of the relevant manner of exercising rights arising from defective performance, in connection with which the voucher was used, the purchase price may be refunded exclusively by means of a replacement voucher payable to the voucher holder.

4.6. The gift voucher is valid for 3 years from the date of purchase; upon expiry of this date the voucher becomes invalid and the rights associated with it cease, unless the seller extends its validity upon a written request by the voucher recipient. Neither the voucher holder nor the buyer who purchased the gift voucher for the voucher recipient is entitled to an extension of the validity of the voucher.

4.7. The voucher may be used only to purchase goods that the seller offers at the time of conclusion of the purchase contract with the voucher holder. The value of the voucher does not accrue interest during the period prior to its redemption.

4.8. The voucher cannot be redeemed for a replacement, i.e. it cannot be replaced in the event of loss.

4.9. Neither the buyer nor the voucher holder is entitled to resell the voucher to third parties. In the event of a breach of this obligation, such buyer or voucher holder shall be solely liable for any loss or other claims against third parties.

4.10. In all other respects, the remaining provisions of these terms and conditions shall apply to the voucher.

5. Withdrawal from the Purchase Contract

5.1 The buyer acknowledges that, pursuant to Section 1837 of the Civil Code, withdrawal is not possible, inter alia, from:

• (a) a purchase contract for the supply of goods that were manufactured or modified in accordance with the buyer's wishes,
• (b) a purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned on hygiene grounds, or
• (c) a purchase contract in the event that the goods were stored by the buyer in unsuitable conditions and the product packaging was damaged.

5.2 If the case is not one referred to in the preceding paragraph or another case in which withdrawal from the purchase contract is not possible, the buyer is entitled, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of taking delivery of the goods; where the subject of the purchase contract consists of several types of goods or delivery in several parts, this period runs from the date of receipt of the last delivery of goods. Notice of withdrawal from the purchase contract must be sent to the seller within the period referred to in the preceding sentence. The buyer may send notice of withdrawal from the purchase contract to the seller's registered office address or to the seller's electronic mail address info@vetlimce.cz, by using the designated form, or otherwise in accordance with the terms and conditions by communicating:

• (a) the date and number of the order;
• (b) the date of delivery of the goods;
• (c) the price of the goods and the bank account number to which it is to be returned.

5.3 In the event of withdrawal from the purchase contract pursuant to the preceding paragraph, the purchase contract shall be cancelled from the outset. Undamaged and suitably packaged goods must be returned to the seller within 14 days of withdrawal from the contract. Upon withdrawal from the purchase contract, the buyer shall bear the costs associated with the return of goods to the seller, including in cases where the goods cannot by their nature be returned by ordinary postal means. Upon withdrawal, the buyer shall bear the costs of transport by ordinary postal consignment, not cash on delivery.

5.4 The buyer may only handle goods delivered under the purchase contract from which they intend to withdraw to the extent necessary to become acquainted with the nature, properties and functionality of the goods, taking into account that hygiene protection must be maintained, and shall be liable for any diminution in their value resulting from improper handling.

5.5 In the event of withdrawal from the contract pursuant to Article 5.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, using the same method by which the seller received them, with the exception set out in Article 5.2(c) of the terms and conditions. However, the seller is not obliged to return the funds received to the buyer before the buyer returns the undamaged goods to the seller.

5.6 The seller is entitled to return the monetary performance in a different manner, provided the buyer agrees and no additional costs are thereby incurred by the buyer.

5.7 The seller is entitled to unilaterally set off any claim for compensation for loss caused to or in connection with the goods against the buyer's claim for a refund of the purchase price or a price reduction.

5.8 Until the goods are taken delivery of by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case the seller shall return the purchase price to the buyer without undue delay, by cashless transfer to an account designated by the buyer.

5.9 The seller is further entitled to withdraw from the purchase contract in whole or in part in the event that:

• (a) the buyer:
  • 1. fails to confirm the genuine intention to conclude the purchase contract, even though the request for confirmation is justified by the unusual nature of its content (quantity of goods, estimated purchase price, anticipated delivery costs),
  • 2. refuses to pay additionally charged costs for delivery of goods outside the territory of the Czech Republic,
  • 3. has previously materially breached an obligation towards the seller,
  • 4. communicates insufficient or false information,
  • 5. fails to provide the seller with any other proper cooperation required under the purchase contract for the purpose of its performance,
• (b) as a result of force majeure which prevents delivery of the goods, including in particular due to extraordinary market conditions such as the unavailability of goods or materials required for their manufacture, or where the price of goods or materials required for their manufacture increases by more than 30%,
• (c) the presentation of goods on the website or the order form contains a manifest verbal or numerical error, in particular as regards information about the purchase price or quantity (i.e. if the unit price at which the goods are ordinarily offered clearly and significantly does not correspond),
• (d) the goods are no longer produced or are not currently in stock,
• (e) the quantity of goods ordered does not correspond to the usual quantity of goods intended for personal use.

5.10 The seller shall notify the buyer of withdrawal from the purchase contract (cancellation of the order) via the buyer's e-mail address specified in the order.

5.11 If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a resolutory condition such that, should the buyer withdraw from the purchase contract, the gift agreement in respect of such gift shall cease to have effect and the buyer is obliged to return the gift provided to the seller together with the goods.

6. Transport and Delivery of Goods

6.1 Where a method of transport has been agreed at the buyer's specific request, the buyer shall bear the risk and any additional costs associated with such method of transport.

6.2 Upon conclusion of the purchase contract, the buyer becomes obliged to take delivery of the ordered goods, under the conditions arising from these terms and conditions and at the agreed place. Further rights and obligations of the parties in relation to the transport of goods may be governed by special delivery conditions arising from the buyer's order, in particular where delivery is to be made outside the territory of the Czech Republic.

6.3 In the event that, for reasons on the buyer's part, goods must be delivered repeatedly or by a different method than originally stipulated, the buyer is obliged to pay the costs associated with repeated delivery of goods, or the costs associated with the alternative method of delivery.

6.4 Upon taking delivery of goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and to report any defects to the carrier without delay. Should the buyer find that the packaging has been damaged, indicating unauthorised access to the consignment, the buyer is not required to accept delivery from the carrier.

6.5 Within the Czech Republic, the seller enables delivery of goods by the methods available at the time of the order within the selection of delivery and payment methods, unless otherwise agreed.

6.6 The seller shall communicate the date of handover of goods to the carrier to the buyer via the buyer's e-mail address specified in the order; failing that, it shall be deemed that goods will be handed over to the carrier no later than 10 days from receipt of the order. If the goods are not delivered within 30 days of receipt of the order, the buyer is obliged to notify the seller accordingly, and the seller shall arrange delivery without undue delay. If the goods are not delivered within the extended period either, the buyer shall have the right to withdraw from the purchase contract.

7. Rights Arising from Defective Performance (Complaints)

7.1 The rights and obligations of the contracting parties in respect of rights arising from defective performance are governed by the applicable generally binding regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code) and by Act No. 634/1992 Coll., on Consumer Protection.

7.2 The seller warrants that the goods are free from defects upon receipt by the buyer. In particular, the seller warrants that at the time the buyer takes delivery of the goods they:

• (a) conform to the agreed description, type and quantity, as well as quality and other agreed properties,
• (b) are fit for the purpose for which the buyer requires them and to which the seller has agreed, and
• (c) are delivered with the agreed accessories and instructions for use, including information on usage.

7.3 The seller further warrants to the buyer that, in addition to the agreed properties:

• (a) the goods are fit for the purpose for which goods of that type are ordinarily used, including with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the relevant industry where no technical standards exist,
• (b) the goods correspond, in terms of quantity, quality and other properties, including durability, functionality, compatibility and safety, to the usual properties of goods of the same type that the buyer may reasonably expect, including with regard to public statements made by the seller or another person in the same contractual chain, in particular in advertising or on labelling,
• (c) the goods are delivered with any accessories, including packaging, assembly instructions and other instructions for use, that the buyer may reasonably expect, and
• (d) the goods correspond in quality or workmanship to the sample or model provided to the buyer by the seller prior to conclusion of the contract,

unless the seller specifically drew the buyer's attention, prior to conclusion of the contract, to the fact that a particular property of the goods differs and the buyer expressly agreed to this when concluding the contract. This applies in particular to testing programmes for newly introduced products.

7.4 The seller is not bound by a public statement within the meaning of sub-paragraph (b) of the preceding paragraph if the seller demonstrates that they were not aware of it, or that it had been amended in a manner at least comparable to the way in which it was made by the time the contract was concluded, or that it could not have had any influence on the decision to purchase.

7.5 The buyer may raise a claim regarding a defect that manifests itself in the goods within two years of taking delivery. If a defect manifests itself within one year of taking delivery, it is presumed that the goods were defective at the time of delivery, unless the nature of the goods or the defect precludes this. This period does not run for the duration during which the buyer is unable to use the goods, provided the buyer has raised the claim rightfully.

7.6 For perishable goods the minimum durability date shall be indicated; or, in the case of goods subject to rapid deterioration, the period during which the goods may be used shall be indicated.

7.7 The right arising from defective performance does not belong to the buyer if the buyer caused the defect themselves. Wear and tear of goods caused by their ordinary use does not constitute a defect, nor does wear of second-hand goods commensurate with the degree of their prior use.

7.8 If the goods are defective, the buyer may demand that the defect be remedied. The buyer may, at their choice, demand delivery of new goods free from defects or repair of the goods, unless the chosen method of remedying the defect is impossible or disproportionately costly in comparison with the other; this shall be assessed in particular with regard to the significance of the defect, the value the goods would have had without the defect, and whether the defect can be remedied by the other method without significant inconvenience to the buyer. The seller may refuse to remedy the defect if it is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the goods would have had without the defect. Sections 1923, 2106 and 2107 of the Civil Code on rights arising from defective performance shall not apply.

7.9 The seller shall remedy the defect within a reasonable period after it has been raised, so as not to cause the buyer significant inconvenience, taking into account the nature of the goods and the purpose for which the buyer purchased the goods. For the purpose of remedying the defect, the seller shall collect the goods at their own expense; however, if the buyer knew or could have known that the exercise of rights arising from defective performance was unwarranted, the seller is entitled to claim reimbursement of costs incurred in connection with the unwarranted exercise of rights arising from defective performance. If the buyer fails to collect the goods within a reasonable period after the seller has notified the buyer of the possibility of collecting the goods following repair, Section 2159(3) of the Civil Code shall apply mutatis mutandis.

7.10 The buyer may demand a reasonable price reduction or withdraw from the contract if:

• (a) the seller has refused to remedy the defect or has failed to remedy it in accordance with Section 2170(1) and (2) of the Civil Code,
• (b) the defect manifests itself repeatedly,
• (c) the defect constitutes a material breach of contract, or
• (d) it is apparent from the seller's declaration or from the circumstances that the defect will not be remedied within a reasonable period or without significant inconvenience to the buyer,

provided that a reasonable price reduction shall be determined as the difference between the value of the goods without the defect and the defective goods received by the buyer.

7.11 The buyer may not withdraw from the contract if the defect in the goods is immaterial; it is presumed that the defect is not immaterial. Sections 2110 and 2111 of the Civil Code shall not apply.

7.12 If the buyer withdraws from the contract, the seller shall return the purchase price to the buyer without undue delay after receiving the goods or after the buyer demonstrates that the goods have been dispatched.

7.13 A defect may be raised with the seller via the seller's contact details in writing, or also at the address designated for correspondence. The complaints form published on the seller's website may be used to raise a defect.

7.14 The seller is obliged to provide the buyer, upon exercise of rights arising from defective performance, with a written acknowledgement stating the date on which the buyer raised the complaint, the subject of the complaint, the method of resolution requested by the buyer, and the buyer's contact details for the purpose of providing information on the resolution of the complaint. The complaint, including the remedy of the defect, must be resolved and the buyer informed thereof within 30 days at the latest from the date on which the complaint was raised, unless the seller and buyer agree on a longer period. Upon the fruitless expiry of this period, the buyer may withdraw from the contract or demand a reasonable price reduction. The seller is further obliged to provide the buyer with a confirmation of the date and method of resolution of the complaint, including confirmation of the repair carried out and its duration, or a written statement of grounds for rejecting the complaint.

7.15 The buyer is not required to pay the outstanding purchase price or any part thereof until the seller has fulfilled its obligations arising from defective performance.

7.16 If the parties agree, before the buyer has raised a defect in the goods, that the buyer's rights are to be limited or extinguished, no account shall be taken of this.

7.17 Rights arising from defective performance are exercised by the buyer with the seller at the seller's registered office address where receipt of complaints is possible, or via the electronic mail address info@vetlimce.cz, having regard to the nature of the defect and the requested method of resolution. The moment of exercising a complaint shall be deemed to be the moment when the seller receives the defective goods and the exercise of the right arising from defective performance from the buyer.

8. Further Rights and Obligations of the Contracting Parties

8.1 The buyer acquires ownership of the goods upon payment of the full purchase price.

8.2 The buyer undertakes to provide truthful information regarding the type, state of health, measurements, breed and age of the animal. The seller shall not be liable for any defect or loss caused by incorrect information provided by the buyer.

8.3 The buyer acknowledges that goods delivered by the seller may be unsuitable for the animal for reasons that may not be known to either party to the purchase contract, and that the seller shall not be liable for such unsuitability. This applies in particular to testing programmes for newly introduced products.

8.4 The buyer acknowledges that the suitability of use of the goods should always be discussed with the attending veterinary surgeon, given that the seller is not a provider of veterinary therapeutic and preventive services and is not familiar in detail with the animal's state of health and the specific circumstances of its nature.

8.5 The buyer assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9. Personal Data Protection and Use of Cookies

9.1 The protection of personal data of a buyer who is a natural person is based on Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter "GDPR").

9.2 The buyer acknowledges that they are obliged to provide their personal data accurately and truthfully when placing an order and that they are obliged to inform the seller without undue delay of any changes to their personal data.

9.3 By placing an order, the buyer confirms that the personal data provided within the order are accurate and that they are acquainted with the "Personal Data Protection Notice" and have been informed of their rights and the manner in which their personal data is handled within the scope of the said "Personal Data Protection Notice", which is available on the seller's website.

9.4 By placing an order, the buyer confirms that they are acquainted with the personal data processing notice available on the seller's website and also with the notice concerning the use of "cookies" on the seller's website, in particular that they have been informed of their rights and the manner in which personal data is handled and of the use and method of granting and withdrawing consent to the storage of "cookies" on their device.

10. Delivery of Documents

10.1 Documents shall be delivered to the buyer at the electronic mail address provided by the buyer in the order.

11. Final Provisions

11.1. All arrangements between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by and interpreted in accordance with Czech law. The consumer rights arising from generally binding legal regulations shall not thereby be affected.

11.2. The purchase contract is concluded in the Czech language. In the event of a translation of the purchase contract, the Czech language version shall prevail.

11.3. If any provision of the terms and conditions is or becomes invalid, ineffective or unenforceable, this shall not affect the validity, effectiveness and enforceability of the remaining contractual provisions. Such a provision shall be replaced by another provision of the terms and conditions whose purpose most closely approximates that of the invalid, ineffective or unenforceable provision. In the absence of such a provision, the parties are obliged to cooperate mutually to replace the invalid, ineffective or unenforceable provision with a valid, effective and enforceable provision that preserves to the greatest possible extent the purpose of the invalid, ineffective or unenforceable provision.

11.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Company Registration Number: 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform accessible at http://ec.europa.eu/consumers/odr may be used for the resolution of disputes between the seller and the buyer arising from the purchase contract. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

11.5. These terms and conditions are effective from 16.10.2023 and are available on the seller's website at the link https://vetlimce.cz/obchodni-podminky.