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Terms and Conditions

of the company CARETTA SPA CZ s.r.o.
with registered office at Krmelínská 631, 739 23 Stará Ves nad Ondřejnicí
Identification number: 24727237
registered in the Commercial Register under file number C 38836 kept by the Regional Court in Ostrava for the sale of goods through the online store located at the website address www.budfitter.com

1. Introductory Provisions

1.1. These terms and conditions (hereinafter referred to as “terms and conditions”) of the trading company CARETTA SPA CZ s.r.o. ., with registered office at Krmelínská 631, 739 23 Stará Ves nad Ondřejnicí, identification number: 24727237, registered in the commercial register C 38836 kept at the Regional Court in Ostrava (hereinafter referred to as the “seller”) are regulated in accordance with the provisions of § 1751 paragraph 1 of Act no. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another physical by a person (hereinafter referred to as the “buyer”) through the seller’s online store. The online store is operated by the seller on a website located at the internet address www.budfitter.com (hereinafter referred to as the “website”), through the website interface (hereinafter referred to as the “store web interface”).

1.2. 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.

1.3. 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.

1.4. 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 language. The purchase contract can be concluded in the Czech language.

1.5. The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

2. User account

2.1. Upon registration of the buyer on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the “user account”). If the web interface of the store allows it, the buyer can also place orders for goods without registration directly from the web interface of the store.

3. Closing of the Purchase Agreement

3.1. All product presentations placed in the web interface of the store are of an informative nature, and the seller is not obliged to conclude a purchase agreement regarding this merchandise. The provisions of § 1732 paragraph 2 of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual items and the costs for returning the goods, if, by its nature, the goods cannot be returned by regular mail. The prices of the goods are stated including value-added tax and all related fees. The prices of the goods remain valid for the duration they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase agreement under individually agreed conditions.

3.3. The web interface of the store also includes information about the costs associated with packaging and delivering the goods. Information about the costs associated with packaging and delivering the goods listed in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer fills out an order form in the web interface of the store. The order form includes, in particular, information about:

3.4.1. The ordered goods (the buyer “places” the ordered goods into the electronic shopping cart of the web interface of the store), 3.4.2. The method of payment of the purchase price of the goods, information about the desired method of delivery of the ordered goods, and 3.4.3. Information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”).

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, including the possibility for the buyer to detect and correct errors arising from entering data into the order. The buyer sends the order to the seller by clicking the “Complete Order” button. The data stated in the order are considered correct by the seller. The seller shall immediately confirm receipt of the order to the buyer by electronic mail to the electronic mail address of the buyer stated in the order (hereinafter referred to as the “electronic address of the buyer”).

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

3.7. The contractual relationship between the seller and the buyer arises upon the delivery of the acceptance of the order (acceptance) sent by the seller to the buyer by electronic mail to the electronic mail address of the buyer.

3.8. The buyer agrees to the use of distance communication means when concluding a purchase agreement. The costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.

4. Price of goods and payment conditions

4.1. The buyer may pay the purchase price for the goods and any costs associated with the delivery of the goods under the purchase contract to the seller by the following means:

  • Cash payment at the seller’s establishment at the address Krmelínská 631, 739 23 Stará Ves nad Ondřejnicí;

  • Non-cash transfer to the seller’s account No. 261391994/0300, held at ČSOB (hereinafter referred to as the “seller’s account”);

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

4.3. The seller does not require a deposit or any similar payment from the buyer. This provision does not affect the provision of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days from the conclusion of the purchase contract.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with specifying the variable symbol of the payment. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the respective amount to the seller’s account.

4.6. The seller is entitled, especially if the buyer fails to provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before dispatching the goods to the buyer. The provision of § 2119 paragraph 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of the goods provided by the seller to the buyer cannot be combined.

4.8. If it is customary in commercial practice or if so provided by generally binding legal regulations, the seller shall issue a tax document – invoice regarding payments made under the purchase contract to the buyer. The seller is the payer of value-added tax. The seller shall issue the tax document – invoice to the buyer after payment of the price of the goods and send it in electronic form to the buyer’s electronic address.

4.9. According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to record the received revenue with the tax administrator online; in case of technical failure, no later than within 48 hours.

5. Cancellation of the Purchase Contract

5.1. The buyer acknowledges that, pursuant to § 1837 of the Civil Code, among other things, it is not possible to withdraw from the purchase contract for the delivery of goods that have been physically damaged by the customer.

5.2. Unless it is a case referred to in Article 5.1 of the terms and conditions or another case where withdrawal from the purchase contract is not possible, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, within fourteen (14) days of taking over the goods, and in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of taking over the last delivery of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the preceding sentence. For withdrawal from the purchase contract, the buyer may use the model withdrawal form provided by the seller, which is attached to the terms and conditions. The buyer can send the withdrawal from the purchase contract, among other things, to the address of the seller’s establishment or to the seller’s email address at Krmelínská 631, 73923 Stará Ves nad Ondřejnicí.

5.3. In the event of withdrawal from the purchase contract under Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days of delivering the withdrawal from the purchase contract to the seller. 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 regular mail due to their nature.

5.4. In the event of withdrawal from the purchase contract under Article 5.2 of the terms and conditions, the seller shall refund the funds received from the buyer within fourteen (14) days of the withdrawal from the purchase contract by the buyer, in the same manner in which the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or in another way, if the buyer agrees to it and it does not result in additional costs for the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to refund the received funds to the buyer until the buyer returns the goods or proves that the goods were sent to the seller.

5.5. The seller is entitled to unilaterally set off the claim for damages incurred on the goods against the buyer’s claim for a refund of the purchase price.

5.6. 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 until the goods are taken over by the buyer. In such a case, the seller shall refund the purchase price to the buyer without undue delay, by non-cash transfer to the account designated by the buyer.

5.7. If a gift is provided to the buyer together with the goods, a gift contract between the seller and the buyer is concluded with a dissolving condition that if the buyer withdraws from the purchase contract, the gift contract regarding such gift loses its effectiveness, and the buyer is obliged to return the provided gift together with the goods to the seller.

6. Transport and Delivery of Goods

6.1. In the event that the method of transportation is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transportation.

6.2. If, according to the purchase agreement, the seller is obligated to deliver the goods to the location specified by the buyer in the order, the buyer is required to accept the goods upon delivery.

6.3. If, due to reasons on the buyer’s side, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the buyer is required to cover the costs associated with the repeated delivery of the goods or the costs associated with the alternative method of delivery.

6.4. Upon receiving the goods from the carrier, the buyer is required to inspect the integrity of the packaging of the goods, and in case of any defects, promptly notify the carrier. If any damage to the packaging indicating unauthorized access to the shipment is discovered, the buyer is not obliged to accept the shipment from the carrier.

6.5. Additional rights and obligations of the parties regarding the transportation of goods may be regulated by special delivery conditions issued by the seller.

7. Rights Arising from Defective Performance

7.1. The rights and obligations of the contractual parties regarding rights arising from defective performance are governed by the relevant binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The seller warrants to the buyer that the goods are free from defects upon acceptance. In particular, the seller warrants to the buyer that at the time of the buyer’s acceptance of the goods:

7.2.1. the goods have the qualities agreed upon by the parties, and if there are no agreements, they have such qualities that the seller or manufacturer has described or that the buyer expected given the nature of the goods and the advertising they conducted,

7.2.2. the goods are suitable for the purpose stated by the seller for their use or for the purpose for which goods of this kind are usually used,

7.2.3. the goods correspond in quality or performance to the agreed sample or model, if the quality or performance was determined according to the agreed sample or model,

7.2.4. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by the usual use of the goods, to used goods for defects corresponding to the degree of use or wear and tear that the goods had at the time of acceptance by the buyer, or if it arises from the nature of the goods.

7.4. If a defect becomes apparent within six months of acceptance, it is presumed that the goods were defective at the time of acceptance. The buyer is entitled to exercise the right to defects occurring in consumer goods within twenty-four months of acceptance.

7.5. The buyer exercises the rights arising from defective performance against the seller at the address of its establishment where the complaint can be processed considering the assortment of goods sold, or electronically at the address servis@caretta-spa.cz.

8.Other Rights and Obligations of the Contractual Parties

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. The seller is not bound by any codes of conduct towards the buyer within the meaning of Section 1826 (1)(e) of the Civil Code.

8.3. Handling consumer complaints is ensured by the seller via the email address servis@caretta-spa.cz. The seller shall provide information about the handling of the buyer’s complaint to the buyer’s email address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the purchase contract. The platform for online dispute resolution available at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract.

8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: https://www.evropskyspotrebitel.cz, is the contact point according 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 online dispute resolution for consumer disputes).

8.6. The seller is authorized to sell goods based on a trade license. Trade control is carried out within its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the protection of personal data. The Czech Trade Inspection Authority, within its defined scope, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.

9. Personal Data Protection

9.1. The seller fulfills its obligation to provide information to the buyer in accordance with Article 13 of 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 and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as “GDPR”) regarding the processing of the buyer’s personal data for the purposes of fulfilling the purchase contract, negotiating this contract, and fulfilling the seller’s public law obligations through the purchase contract.

10.Sending Commercial Communications and Storing Cookies

10.1. The buyer agrees to receive information related to goods, services, or the seller’s business to the buyer’s email address and further agrees to receive commercial communications from the seller to the buyer’s email address. The seller fulfills its obligation to provide information to the buyer in accordance with Article 13 of the GDPR related to the processing of the buyer’s personal data for the purpose of sending commercial communications through a separate document.

10.2. The buyer agrees to the storage of so-called “cookies” on their computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations from the purchase contract without storing so-called “cookies” on the buyer’s computer, the buyer may revoke their consent at any time.

11.Delivery

11.1. All correspondence between the seller and the buyer will be conducted electronically.

12.Final Provisions

12.1. If a relationship based on a purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law.

12.2. By choosing the law under Article 12.1 of the Terms and Conditions, the consumer is not deprived of the protection afforded to them by provisions of the legal order from which there can be no derogation by agreement and which would otherwise be applied in the absence of a choice of law pursuant to Article 6 (1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, or if such provision is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.4. The purchase contract, including the Terms and Conditions, is archived by the seller in electronic form and is not accessible to third parties.

12.5. The annex to the Terms and Conditions consists of a sample form for withdrawing from the purchase contract.

12.6. Contact details of the seller: address for delivery Krmelínská 631, 73923 Stará Ves nad Ondřejnicí, telephone +420606092500.

In Stará Ves nad Ondřejnicí on November 30, 2021.