Terms and conditions

CATNESS DESIGN s.r.o. – Terms and Conditions 

a company residing at Tr. Marsala Malinovskeho 884, Uherske Hradiste 686 01, Czech Republic, EUROPEAN UNION, VAT-ID CZ03618818 – registered in the Commercial Register. 

CATNESS DESIGN s.r.o. is a limited liability company, owner of www.catness-design.com and www.catness-design.cz online stores.

Governing law and jurisdiction 

Contracts between you and CATNESS DESIGN s.r.o. shall be governed by Czech Law and you and CATNESS DESIGN s.r.o. submit to the exclusive jurisdiction of the Czech courts. 

Introductory Provisions 

These Terms and Conditions (hereinafter „Terms and Conditions“) of the company CATNESS DESIG, s.r.o (hereinafter referred to as the „seller“) govern mutual rights and obligations of the parties of the contract arising from the sales contract (hereinafter referred to as the “sales contract”) between the seller and another natural person or legal entity (hereinafter referred to as the “buyer”) entered into via the online store of the seller, in accordance with section 1751 par. 1 of the Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”). The online store is run by the seller on the online address www.catness-design.com through the web interface (hereinafter referred to as the „web interface of the store“). 

The Terms and Conditions further regulate the rights and obligations of the parties of the contract while using the seller’s website located on http://www.catness-design.com (hereinafter referred to as the „website“) together with other related legal issues. The Terms and Conditions do not apply on cases in which the person intending to purchase goods from the seller is a legal entity or a person acting within their business or the independent practice of their profession.

Different provisions than the ones included in the Terms and Conditions can be agreed on within the sales contract. These agreements within the sales contract precede the provisions included in the Terms and Conditions. 

The Terms and Conditions provisions represent integral components of the sales contract. The sales contract and the Terms and Conditions are in English language. 

The seller has the right to change the version of the Terms and Conditions. This shall not affect the rights and obligations arisen from the previous version within the period of its efficiency. 

User Account 

Upon registration of the buyer on the website, the buyer can access his or her user interface. The buyer can then order goods through his or her user interface (hereinafter referred to as the “user account”). The web interface of the store also allows the buyer to order goods without the need of registration directly through the web interface of the store. 

Upon registration on the website and upon ordering the goods the buyer is obliged to correctly state all information needed. The buyer is obliged to upgrade all information within his or her user account whenever a change of these might occur. The information stated by the buyer in his or her user account and upon ordering the goods shall be considered accurate by the seller. 

The access to the user account is secured by a username and a password. The buyer is obliged to maintain confidentiality of the information necessary to access his or her user account and to take note that the seller is not liable for any breach of this obligation by the buyer. 

The buyer is not entitled to allow the use of his or her user account by a third party. The seller has the right to delete a user account particularly if the user does not use his or her account for more than 365 days or in case of a breach of obligations under the sales contract (the Terms and Conditions included). The buyer takes note of the fact that the user account might not be constantly particularly with regard to the required maintenance of the hardware and software of the seller or the required maintenance of the hardware and software of a third party. 

Conclusion of the Sales Contract 

All goods presented within the web interface of the store are of informative nature and the seller is not obliged to conclude a sales contract regarding these goods. Section 1732 par. 2 of the Civil Code shall not apply. 

The web interface of the store contains a list of goods offered for sale by the seller including the price of each individual item. The prices listed include the value added tax and all other related charges. The offer of the goods as well as the prices listed is valid as long as they are displayed within the web interface of the store. This provision shall not limit the seller in concluding a sales contract with individually negotiated terms. 

The web interface of the store further includes information about all costs associated with the packing and delivering of goods. The information about the costs associated with the packing and delivering of goods listed in the web interface may vary depending on the country of delivery. 

To order any goods, the buyer shall fill out the order form in the web interface of the store. 

The order form contains particular information about: 

- the ordered goods (the buyer places the ordered goods into an electronic shopping car in the web interface of the store), 
- the method of payment of the purchase price of the ordered goods and the details of the required delivery option of the ordered goods 
- other costs associated with the delivery of the ordered goods (hereinafter referred to as the “order”) 

Before placing the order, the buyer has the option to go through and change the details which he or she has entered into the order form in order to check for possible errors which may have occurred while entering the data into the order. The buyer shall place the order by clicking on the “Send Order” button. 

The information stated in the order shall be considered accurate by the seller. The seller shall then send a confirmation of the receipt of the order to the buyer’s e-mail address stated in the user interface or in the order (hereinafter referred as the “buyer’s e-mail address”). 

Depending on the nature of the order (the amount of goods, the purchase price, the estimated delivery costs) the seller is entitled to ask the buyer for additional confirmation of the order (e.g. written or telephone confirmation). 

The contractual relationship between the seller and the buyer arises with the delivery of the order confirmation (acceptance) which is send by the seller to the buyer using e-mail to the buyer’s e-mail address. 

The buyer acknowledges the fact that the seller is not obliged to enter into the sales contract especially with persons who have previously materially breached the sales contract (including the terms and conditions). 

The buyer agrees to using means of distance communication in concluding the sales contract. Any expenses incurred by the buyer by using means of distance communication in connection with the conclusion of the sales contract (internet connection costs, the cost of phone calls etc.) shall be covered by the buyer alone. 

Price of the Goods and the Terms of Payment 

The buyer shall pay the seller the purchase price of the goods and any potential costs connected to the delivery of the goods in accordance with the sales contract using one of the following options: 

- cashless payment by credit card; 
- cashless money transfer to the sellers bank account no. IBAN - CZ1755000000000000220679 held with the Raiffeisenbank a.s. (hereinafter referred to as the “buyer’s account“); 

Together with the purchase price the buyer is obliged to pay the seller all costs connected to the packing and delivery of the goods at the agreed amount. Unless expressly stated otherwise, the purchase price hereinafter refers also to the delivery costs. 

The seller shall not require a deposit or any other similar mean of payment from the buyer. In the case of cashless payment, the buyer is obliged to state a variable symbol of the payment when paying the purchase price. In the case of cashless payment, the buyer’s obligation to pay the purchase price is considered fulfilled upon receipt of the payment at the seller’s account. 

The seller has the right to demand a full payment of the purchase price before sending the goods to the buyer, especially in case of the absence of an additional confirmation. Section 2119 par. 1 of the Civil Code shall not apply. 

Any potential discounts on the purchase price provided by the seller cannot be combined. 

If it is common in trade relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax certificate (invoice) concerning the payments made under the sales contract. The seller is a VAT payer (see above for the VAT-ID). 

The tax certificate (invoice) shall be issued by the seller to the buyer after receiving the full payment and shall be then sent via e-mail to the buyer’s e-mail address. 

Withdrawal from the Sales Contract 

The buyer shall acknowledge that according to section 1837 of the Civil Code he or she cannot withdraw from the sales contract regarding the delivery of goods which have been altered as desired by the buyer or to his or her person specifically. 

If the situation stated in the paragraph above or any other situation where the party cannot withdraw from the contract is not the case, the buyer has a right to withdraw from the sales contract within fourteen (14) days of the acceptance of the goods, according to section 1829 par. 1 of the Civil. Should more individual items or individual parts of an item be the subject of the sales contract, the period stated above shall run from the day of the acceptance of the last item or part of the goods. The withdrawal from the sales contract must be sent to the seller within the period stated above. The buyer may send the withdrawal to the seller’s company address or the seller’s e-mail address: info@catness-design.com.

In case of withdrawal from the contract under the Terms and Conditions the sales contract is considered void from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal. Shall the buyer decide to withdraw from the contract, all costs associated with the return of the goods shall be covered by the buyer alone. This also applies to goods of a certain nature which cannot be returned using usual post services. 

Within the period of fourteen (14) days from the return of the goods to the seller according to the Terms and Conditions, the seller has the right to check the returned goods in order to check for any potential damage, wear or partial consumption.

In case of withdrawal from the contract under the Terms and Conditions the seller shall return the payment previously received from the buyer within fourteen (14) days from the withdrawal from the contract by the buyer using the same method of payment as the one used by the buyer originally. The seller is also entitled to return the payment to the buyer together with the buyer’s return of the goods or return the payment using a different method of payment providing that the buyer agrees to such action and no further cost shall incur. Should the buyer withdraw from the sales contract, the seller is not obliged to return the payment to the buyer until the buyer returns the goods or presents a proof of the dispatch of the goods.

In case of any damage caused to the goods, the seller is entitled to set off the damages against the buyer’s claim for a refund of the purchase price. 

Until the moment of acceptance of the goods by the buyer, the seller is entitled to withdraw from the contract at any moment. In that case, the seller shall return the payment to the buyer without undue delay using money transfer to a bank account chosen by the buyer. 

If the buyer is given a present with his or her purchase, the donation agreement between the seller and the buyer regarding the present shall be concluded with a condition subsequent so that in case the buyer withdraws from the sales contract, the donation agreement regarding the present shall expire and the buyer is obliged to return the present together with the return of the goods. 

Delivery Terms The delivery method of the goods shall be chosen by the buyer upon placing the order. The seller has the right to change the delivery method chosen by the buyer in case the chosen method is inappropriate for the delivery of the ordered goods or in case it is impossible to deliver the goods using the method chosen by the buyer due to delivery terms and conditions set by the carrier. 

If according to the sales contract the seller is obliged to deliver the goods to an address stated by the buyer in the order, the buyer is obliged to accept the goods on delivery. Should the buyer fail to accept the delivered goods, the seller is entitled to a full refund of the delivery costs by the buyer. In this case, the seller also has the right to withdraw from the contract. 

In case it is necessary to deliver the goods repeatedly or using a different delivery method than the one stated in the order due to reasons on the buyer’s side, the buyer is obliged to cover all costs associated with multiple delivery attempts or a different delivery method. 

Upon the receipt of the goods the buyer is obliged to check the packaging for any damage and report any potential damage to the carrier immediately. In the case of a broken packaging indicative of unauthorised intrusion, the buyer is not obliged to accept the package from the carrier. The buyer shall confirm the required state and condition of the package by signing a delivery note. Any later complaints about the packaging of the goods shall not be taken into consideration. 

Further rights and obligations of the parties arising during the transportation of the goods can be regulated by the seller’s delivery terms, if previously stated by the seller. 

Claims Arising from Defects in the Goods 

The rights and obligations of the parties regarding the claims arising from defects in the goods shall be governed by generally binding applicable legal regulations, particularly following statutory provisions: sections 1914 – 1925, sections 2099 – 2117 and sections 2161 – 2174 of the Civil Code. 

The seller is considered liable to the buyer that the goods are free of any defects at the moment of their acceptance by the buyer. The seller particularly warrants that at the moment of the acceptance of the goods by the buyer: 
- the goods have all agreed attributes and in case of an absence of an agreement that the goods have all attributes specified by the seller and/or the manufacturer or that the goods have other attributes and qualities which the buyer expected with respect to the nature of the goods and to the advertisement by the seller and/or the manufacturer 
- the goods are suitable for the purpose stated by the seller or usual purpose for this type of product 
- the quality or design of the goods corresponds to the agreed sample or to a presented pattern (if the quality or design of the goods was previously determined by an agreed sample or a presented pattern) 
- the goods are of a certain amount, weight or measure and comply with the legal requirements 

The stated provisions of the Terms and Conditions shall not apply: 
- to goods sold for a lower price because of a defect for which the price was lowered 
- to goods in a worn state cased by common use 
- to defects on used goods which correspond to the extent of the use or wear of the goods and which were present at the moment of acceptance of the goods by the buyer or if it is clear considering the nature of the goods

If a defect comes to light within a period of six months from the acceptance of the goods by the buyer, the goods shall be considered defective at the moment of acceptance. 

Claims arising from defects in the goods shall be enforced by the buyer at the seller’s company address Tr. M. Malinovskeho 884, 686 01 Uherske Hradiste, Czech Republic. The moment of receipt of the returned goods at the seller’s address is considered the moment of placing the claim. 

Other Rights and Obligations of the Parties 

The title to the goods shall be transferred to the buyer at the moment of a full payment of the purchase price of the goods. 

All rights including copyright in the content of these web pages are owned and controlled for this purpose by the CATNESS DESIGN s.r.o. In accessing the www.catness-design.com or www.catness-desing.cz web pages you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, download, store (in any medium), adapt or change in any way the content of these web pages for any other purpose without a prior written permission of the CATNESS DESIGN s.r.o. 

The buyer notes that the seller is not liable for errors originating from any interference with the web pages by a third party or from any use of the web pages which is in conflict with their intended use. 

Personal Data Protection and Commercial Content Delivery 

Protection of the personal data of the buyer who is a natural person is provided by the Act no. 101/2000 Coll., on personal data protection. 

The buyer agrees with the processing of the following personal data: first name, last name, home address, identification number, tax identification number, e-mail address, phone number (hereinafter referred to as “personal data”). 

The buyer agrees with the processing of his or her personal data by the seller for the purpose of the execution of rights and obligations arising from the sales contract and for the purpose of the delivery of information and commercial content. 

The buyer notes that he or she is obliged to state true and correct personal data upon registration, in his or her user account and upon ordering the goods through the web interface of the store and that he or she is obliged to inform the seller about any changes made to these personal data without undue delay. 

The processing of the personal data of the buyer can be done by a third party on the basis of an assignment by the seller; this party shall be considered a processor. Except to persons delivering the goods, no third party shall be given any of the buyer’s personal data by the seller without a prior consent given to the seller by the buyer. 
Personal data shall be processed for an indefinite time period. All personal data shall be processed electronically in an automated way or in writing in a non-automated way. 

The buyer confirms that the provided personal data is correct and that he or she has been advised that the provision of the personal data shall be considered voluntary. The buyer further states that he or she has been advised that the consent to the processing of the personal data can be withdrawn by a written notice delivered to the seller’s address. 

The buyer agrees to receive information about the seller’s products, services or business on his or her an e-mail address and further agrees to receive commercial content from the seller on his or her e-mail address. 

Delivering 

Unless otherwise agreed on by the parties, all correspondence related to the sales contract must be delivered to the other party in writing via e-mail or personally or by a registered provider of postal services (the sender has a right to choose). 

In case of personal delivery or delivery by a registered provider of postal services, the content shall be considered delivered even if personally rejected by the addressee or by a person authorized to accept the delivery upon delivery attempt. 

In case of delivery by a registered provider of postal services, the content shall be considered delivered ten days after placing the package into deposit and after the addressee’s receipt of a notice to collect the package, if the registered provider of postal services has placed the package into deposit. 
This shall apply even if the addressee did not learn about the deposit. 

Final Provisions 

If the relationship associated with the use of the web pages or a legal relationship based on the sales contract contains an international element, the parties agree that the relationship shall be governed by laws of the Czech Republic. This does not affect consumer rights resulting from generally binding legal regulations. 

If any of the provisions in the Terms and Conditions is or later becomes invalid or ineffective, a provision with the most proximate meaning shall apply instead. The fact that a provision is void or null does not affect the validity of other provisions. All changes and additions to the sales contract must be performed in writing. 

The sales contract including the Terms and Conditions shall be archived by the seller in an electronic form and shall not be accessible by a third party.

The seller’s contact details: 
delivery address: CATNESS DESIGN s.r.o., Tr. Marsala Malinovskeho 884, 686 01 Uherske Hradiste 
e-mail address: info@catness-design.com 
phone number: +420 604 252 785. 

In Uherske Hradiste on the 25th of January 2017. 
Kateřina Svobodová – executive head

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