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Terms and Conditions

trading company Anastasiia Roi

with registered office at Vysočanská 237/101, 190 00, Prague 9 - Střížkov

identification number: 19603011

registered with the Office of the Municipal District of Prague 9

for the sale of goods through the online store located at the Internet address https://anniecatco.wixsite.com/anniecat

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1. INTRODUCTORY PROVISIONS

  • These terms and conditions (hereinafter referred to as "terms and conditions") of Anastasiia Roi trading company with registered office at Vysočanská 237/101, 190 00, Prague 9 - Střížkov, identification number: 19603011, registered in the commercial register kept at the Office of the Municipal District of Prague 9 (hereinafter referred to as " the seller") regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contracts (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller on the website located at the internet address https://anniecatco.wixsite.com/anniecat (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "web interface of the store") .

  • The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts as part of his business activity or as part of his independent profession.

  • Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

  • The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech and English language. The purchase contract can be concluded in the Czech and English language.

  • The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

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2. USER ACCOUNT

  • The web interface of the store allows the buyer to order goods without registration directly from the web interface of the store.

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3. CONCLUSION OF THE PURCHASE AGREEMENT

  • All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.

  • The web interface of the store contains information about the goods, including the prices of the individual goods and the costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.

  • The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic. In the event that the seller offers free shipping, the buyer must pay the minimum total purchase price of the shipped goods in the amount specified in the store's web interface for the right to free shipping. In the event that the buyer partially withdraws from the purchase contract and the total purchase price of the goods for which the buyer did not withdraw from the contract does not reach the minimum amount required for the right to free transportation of the goods according to the previous sentence, the buyer's right to transport the goods expires free of charge and the buyer is obliged to pay the transport of the goods to the seller.

  • To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:

    • ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface),

    • method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

    • information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

  • Before sending the order to the seller, the buyer is allowed to check and change the input data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The seller immediately after receiving the order confirms this receipt to the buyer (hereinafter referred to as the "buyer's electronic address").

  • The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

  • The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.

  • The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.

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4. PRICE OF GOODS AND TERMS OF PAYMENT

  • The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the following ways:

    • cashless via the Stripe payment system;

    • cashless by payment card;

  • Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

  • The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

  • In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

  • The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.

  • Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

  • If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.

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5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

  • The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of:

    • goods manufactured according to the buyer's requirements or adapted to his personal needs,

    • perishable goods or goods with a short shelf life, as well as goods that, due to their nature, have been irreversibly mixed with other goods after delivery,

    • goods in a sealed package which, for reasons of health protection or hygiene reasons, are not suitable for return after the buyer has broken them, and

    • sound or video recording or computer program in a sealed package, if the buyer has infringed it.

  • If the customer purchases electronic content and does not use the license, i.e. does not download the content, he has the option of withdrawing from the purchase contract and is therefore entitled to a refund.

  • In the event of a return, please notify the store and wait for shipping instructions.

  • If it is not a case mentioned in Article 1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 and paragraph 2 of the Civil Code, namely within fourteen (14) days from the day when the buyer or a third party designated by him other than the carrier transports the goods, or:

    • the last piece of goods, if the buyer orders several pieces of goods in one order, which are delivered separately,

    • the last item or part of a delivery of goods consisting of several items or parts, or

    • the first delivery of goods, if the contract stipulates regular delivery of goods for an agreed period.

  • Withdrawal from the purchase contract must be sent to the seller within the period specified in Article 5.2 of the terms and conditions. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to the seller's e-mail address anniecatco@gmail.com.

  • In case of withdrawal from the purchase contract, the purchase contract is canceled from the beginning. The buyer shall send or hand over the goods back to the seller without undue delay, no later than fourteen (14) days after withdrawal from the contract, unless the seller has offered to collect the goods himself. The period according to the previous sentence is preserved if the buyer sends the goods before it expires. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.

  • In the event of withdrawal from the purchase 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 withdrawal from the purchase contract by the buyer, in the same manner as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer until the seller receives the goods or until the buyer proves to him that he has sent the goods back, whichever occurs first.

  • The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer's claim for a refund of the purchase price.

  • In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of acceptance of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.

  • If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.

  • Failure to pick up the cash on delivery shipment does not mean that the order has been canceled or that you have withdrawn from the purchase contract. The only thing that happened at that moment is that according to § 2118 paragraph 1 of Act No. 89/2012 Coll. Civil Code (new) for breach of contract of sale by you. In this case, we will ask you to make a compensation payment with the provided payment data as soon as possible.

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6. TRANSPORTATION AND DELIVERY OF GOODS

  • In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

  • If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

  • If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.

  • When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. This does not affect the rights of the buyer from liability for product defects and other rights of the buyer resulting from generally binding legal regulations.

  • Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.

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7. RIGHTS FROM DEFECTIVE PERFORMANCE

  • The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).

  • The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

    • the goods have the properties agreed upon by the parties and, in the absence of an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

    • the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,

    • the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,

    • is the goods in the corresponding quantity, measure or weight and

    • the goods comply with the requirements of legal regulations.

  • The provisions set out in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods.

  • If a defect becomes apparent within one year of receipt, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.

  • Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

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8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

  • The buyer acquires ownership of the goods by paying the full purchase price of the goods. Does not apply to digital goods.

  • In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1820 paragraph 1 letter n) of the Civil Code.

  • The seller handles consumer complaints via e-mail. Complaints can be sent to the seller's email address. The seller will send information about handling the buyer's complaint to the buyer's email address. Other rules for dealing with complaints are not set by the seller.

  • Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

  • The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to the Regulation of the European Parliament and the Council (EU) No. 524/2013 of 21 of May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

  • The buyer can file a complaint with a supervisory or state supervisory authority. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection supervises, among other things, compliance with the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended.

  • The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

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9. PROTECTION OF PERSONAL DATA

  • Its information obligation towards the buyer in the sense of Article 13 Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data) ( hereinafter referred to as the "GDPR regulation") related to the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiating the purchase contract and for the purpose of fulfilling the seller's public obligations is fulfilled by the seller by means of a special document. https://anniecatco.wixsite.com/anniecat/general-8-2

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10. FINAL PROVISIONS

  • If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law according to the previous sentence, the buyer who is a consumer is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Article 6, paragraph 1 of the Regulation of the European of the Parliament and the Council (EC) No. 593/2008 of 17 June 2008 on the law governing contractual obligations (Rome I).

  • If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

  • The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

  • The annex to the terms and conditions consists of a model form for withdrawing from the purchase contract.

  • Contact details of the seller: Prague, Zásadská 569/1; email address anniecatco@gmail.com

  • Digital products are for personal use only. By purchasing digital products, you agree not to share, sell or redistribute these products in any form.

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In Prague on September 11, 2023.

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