Obchodní podmínky společnosti Certus Mercatus, s.r.o.

Terms and Conditions of Certus Mercatus, s.r.o.

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the purchase of goods on the Supplier’s website www.owletcare.cz (hereinafter also referred to as “Supplier’s e-shop” or “Supplier’s online shop”), based on purchase contracts concluded between the Supplier and the Buyer via the Supplier’s online shop. These GTC govern the relationship between the Buyer and the Supplier in the purchase and sale of goods.

By placing an order, i.e. a proposal to conclude a purchase contract (hereinafter also referred to as “order”), the Customer confirms that he has read these GTC and that he agrees to them. The Customer shall be sufficiently notified of these GTC prior to placing his/her order and shall have the opportunity to familiarize himself/herself with the GTC.

1. Supplier’s details
2. Customer
3. Order of goods
4. Conclusion of the purchase contract and delivery terms
5. Method of payment of the price for the goods and retention of title
6. Rights arising from defective performance
7. Warranty
8. Withdrawal from the contract
1. Supplier details:
Supplier:
Certus Mercatus, s.r.o., with registered office at Prague 9, K Žižkov 282/9, postcode 190 00.
The Supplier is registered in the Commercial Register maintained by the Municipal Court in Prague, Section 1. C, File 168349. The supplier is a VAT payer.
VAT ID: 27305571
DIC: CZ27305571
(hereinafter referred to as the “Supplier”)

Supplier’s establishment:
Certus Mercatus s.r.o. K Žižkovu 282/9 Prague 9, 190 00

Contact details:
Tel.: 245 001 740
Email: recepce@certus-mercatus.com

Service provided by:
Certus Mercatus s.r.o. K Žižkovu 282/9
190 00 Prague 9

2. Customer:
The buyer (hereinafter also referred to as “customer”) is a consumer or a business.

A consumer is any person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, enters into a contract with the Supplier or otherwise deals with the Supplier (hereinafter referred to as the “Consumer”). The Supplier’s legal relations with the Consumer not expressly regulated by these GTC are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as well as related legislation.

An entrepreneur means any person who independently carries out, on his own account and responsibility, a gainful activity by trade or similar means with the intention of doing so on a regular basis for profit. An entrepreneur is also any person who enters into contracts related to his/her own business, manufacturing or similar activity or in the independent exercise of his/her profession, or a person who acts on behalf of or on behalf of an entrepreneur (hereinafter referred to as “entrepreneur”). A customer who is not a consumer is considered an entrepreneur under these GTC and his/her rights and obligations under the Purchase Agreement are governed by the provisions of these GTC applicable to entrepreneurs.

3. Order goods:
a) order
The placing of the offered goods on the Supplier’s e-shop website does not constitute a proposal for conclusion or a public offer. The list of goods on the website www.owletcare.cz is a catalogue of commonly supplied goods. The Supplier does not guarantee the immediate availability of all items. The availability of goods will always be confirmed on the basis of an order. Confirmation of an order is usually made by the Supplier by e-mail.
To place an order, the customer selects the goods, duly completes the order form and submits the order.

The sent order is a proposal for the conclusion of a purchase contract. The order is also used to reserve the goods. The purchase contract is then concluded at the moment of delivery of the order confirmation by the supplier to the customer.

The customer can check the prices of the goods for individual items. The price for delivery and other charges is 99 CZK incl. VAT per order via DPD, 69 CZK incl. VAT for delivery to the delivery point of the Parcel Office and 99 CZK incl. VAT for delivery to the address via Packet. The price of cash on delivery is 29 CZK incl. VAT per order. For orders over 2. 500 CZK, the delivery is free. Before sending the order, the total price for the goods including related fees will be calculated and the customer will be asked to agree on it.
Costs incurred by the customer when using remote means of communication in connection with the conclusion of the purchase contract (internet connection costs, etc.) are borne by the customer.

b) cancellation/cancellation of the order
The Customer and the Supplier may cancel the Customer’s order without giving any reason until the Supplier has confirmed the order. If the Supplier cancels the order, the Supplier will generally state the reason why the order cannot be confirmed.

Cancellation of an order after the time of conclusion of the purchase contract is only possible by prior agreement between the supplier and the customer, and on mutually agreed terms.

4. Conclusion of the purchase contract and delivery terms:
(a) conclusion of the purchase contract
The purchase contract is concluded at the moment of delivery of the order confirmation by the Supplier to the Customer. The binding order confirmation is not an automatically generated electronic confirmation of receipt of the order in the Supplier’s system, but is an electronically sent confirmation marked “Automatic Notification – Order Acceptance No.” or a telephone confirmation of the order by the Supplier, where the Supplier and the Customer confirm the contents of the order, in particular the type of goods, the number of items, the price for the goods and the transport, and the method and date of delivery. At the moment of this confirmation, the purchase contract is concluded.

(b) Delivery period
The ordered goods will be delivered as soon as possible by post or other carrier, depending on their availability and the operational possibilities of the supplier, usually within 1-5 working days from the binding confirmation of the received order. The goods shall be deemed to be delivered upon delivery to the address specified by the customer in the order.

c) method of transport
Delivery to the specified address is provided by the Supplier, throughout the Czech Republic. The contractual partner of the transport is DPD and Packeta.

Information about the price of transport is included in the order, order confirmation and also in the e-mail message about the acceptance of the order.

For orders over CZK 2,500, no transport fee is charged.
The shipment includes instructions for use of the product.
The tax receipt is sent electronically by e-mail to the e-mail address specified in the order.

d) receipt of goods
The Supplier recommends that you inspect the goods immediately upon receipt. If mechanical damage to the packaging of the product is detected, the Supplier recommends the Customer to make a record of the damage to the shipment in the presence of the carrier and have this fact confirmed by the carrier. Only on the basis of this record can the customer be granted a reasonable discount or be supplied with a new product. The customer also has the right to withdraw from the contract.

By signing the delivery note to the carrier, the customer agrees to accept the goods and confirms that they have arrived mechanically undamaged. The conditions of acceptance of the goods, including liability relations, vary depending on the chosen carrier.

Subsequent claims due to transport will be disregarded and rejected by the supplier.

e) communication between the customer and the supplier
Further communication between the Supplier and the Customer shall be by electronic mail, unless otherwise provided for in these terms and conditions or otherwise agreed by the parties. For electronic mail, a central e-mail address is used: info@owlet-care.cz The reply to the Customer’s e-mail shall also be made by electronic mail. The Supplier may also send a reply from an e-mail address other than recepce@certus-mercatus.com.

Communication can also be made on the telephone line +420 245 001 740.

5. Method of payment of the price for the goods and retention of title:
(a) Method of payment of the purchase price

9. Privacy Policy
All handling of customer personal data is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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), and related legislation applicable in the Czech Republic.

By placing his/her order, the Customer grants the Supplier the legal title to process his/her personal data provided in connection with the order by the Supplier as the personal data controller and agrees to the further processing of such personal data for the purposes of the Supplier’s business activities.

The Supplier collects the personal data of the customers, namely name, address, telephone and e-mail address, on the basis of the customers’ explicit consent. This data is primarily used to facilitate customer orders in the future.

If the customer expressly consents, the Supplier may communicate to the customer by e-mail and telephone commercial communications with news, offers, advertising and offers to participate in surveys and market research.

Customers’ personal data is fully secured against misuse. The Supplier does not pass on the personal data of customers to any other person.

Customers may withdraw their consent to the storage and processing of personal data or to the sending of commercial communications at any time by sending an e-mail to recepce@certus-mercatus.com or by notifying the Supplier by telephone. In the event of a violation of his/her rights, the customer has the right to contact the Office for Personal Data Protection and request appropriate remedy.

10. Recycling allowance
The prices on owletcare.cz include recycling contributions, which are paid through the collective system of Asekol Ltd.

11. Final provisions
These GTC are valid for all purchase contracts concluded between the Supplier and the Customer.

The GTC are valid for all purchase contracts concluded between the Supplier and the Customer.

Photographs placed on the Supplier’s online shop can only be illustrative, always ask about the contents of the package.

Consumer complaints are handled by the Supplier via the email address recepce@certus-mercatus.com. The Supplier sends information about the handling of the consumer’s complaint to the consumer’s e-mail address.

In the event that a dispute arises from the purchase contract between the consumer on the one hand and the supplier on the other hand and this cannot be resolved by mutual agreement, the consumer may also use the possibility of out-of-court dispute resolution. In such a case, the consumer may contact the out-of-court dispute resolution body, which is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, web address: www.coi.cz, and follow the rules set out on this web address. For more information on out-of-court dispute resolution, its initiation and course, please also visit the website of the Czech Trade Inspection Authority. Consumers can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.

The Supplier reserves the right to amend the GTC. The Supplier shall announce the amended terms and conditions in an appropriate manner on the website www.owletcare.cz as well as in its premises at least one month before the new terms and conditions come into force.

These T&Cs shall enter into force and effect on 18 May 2023 and the T&Cs shall cease to be valid and effective on the effective date of the newer T&Cs.