mousemad s.r.o. company
with registered office at Trpinky 46/7, 798 11, Prostějov – Vrahovice, Czech Republic.
Registration Number: 06656315
registered in the Commercial Register administered by the Regional
Court in Brno under File No.: C 103445 for sale of merchandise by means of the on-line shop located on the
internet domain at mousemad.com
1. Introductory provisions
1.1. These business terms (hereinafter the “business terms”) of the mooonster s.r.o. Company, with registered office at Trpinky 46/7, 798 11, Prostějov – Vrahovice (AVS Complex), Registration Number: 06656315, registered in the Commercial Register administered by the Regional Court in Brno under File No. C 103445 (hereinafter the “Seller“) regulate, in compliance with Section 1751(1) of Act No. 89/2012 Sb., Civil Code (hereinafter the “Civil Code“), the mutual rights and duties of the Contracting parties arising in relation to or on the basis of a sales contract (hereinafter the “sales contract”) concluded between the Seller and another natural person (hereinafter the “Buyer”) by means of the Seller’s internet shop. The internet shop is operated by the Seller on the website located at mousemad.com (hereinafter the “website”) by means of a web interface (hereinafter the “shop web interface”).
1.2. These business terms do not apply to cases when the person who intends to purchase merchandise from the Seller is a legal person or person who places the order within the terms of its business activities or within the terms of its independent profession.
1.3. Provisions deviating from the business terms can be arranged in the sales contract. Deviating provisions in the sales contract have precedence over the provisions in the business terms.
1.4. The provisions of the business terms are an integral part of the sales contract. The sales contract and the business terms are executed in Czech. The sales contract can be concluded in Czech.
1.5. The Seller may amend or supplement the wording of the business terms. This provision does not affect the rights and duties arising throughout the validity of the previous wording of the business terms.
2. User account
2.1. The Buyer may access his user account on the basis of his registration on the website. The Buyer can place orders for merchandise from his user interface (hereinafter the “user account”). If the web interface enables this, the Buyer may also place orders without registration directly from the shop web interface.
2.2. The Buyer is required to give all data correctly and truthfully during registration on the website and when ordering merchandise. The Buyer is required to update all the data given in the user account when this changes. The Seller considers the data given by the Buyer in the user account and when placing orders for merchandise to be correct.
2.3. Access to the user account is secured by a user name and password. The Buyer is required to keep the information essential for accessing his user account confidential.
2.4. The Buyer is not entitled to allow third parties to use his user account.
2.5. The Seller may close the user account, particularly in cases when the Buyer has not used his user account for over one year, or if the Buyer breaches his duties arising from the sales contract (including the business terms)..
2.6. The Buyer is aware that the user account may not be accessible at all times, particularly with regard to the necessary maintenance of the Seller’s hardware and software, possibly essential maintenance of third party hardware and software.
3. Concluding a sales contract
3.1. All presentation of merchandise placed on the shop web interface is of an informational nature and the Seller is not required to conclude a sales contract regarding this merchandise. The provisions of Section 1732(2) of the Civil Code do not apply.
3.2. The shop web interface contains information about the merchandise, including the prices of individual merchandise items. The prices of the merchandise are given including value added tax and all related fees. The prices of the merchandise remain valid throughout the period it is displayed on the shop web interface. This provision does not restrict the Seller’s option of concluding a sales contract under individually arranged terms.
3.3. The shop web interface also contains information about the costs related to packaging and delivery of the merchandise. Information about costs related to packaging and delivery of the merchandise given on the shop web interface only applies in cases when the merchandise is delivered within the Czech Republic.
3.4. To order merchandise the Buyer fills in the order form on the shop web interface. The order form particularly contains information about:
3.4.1. the ordered merchandise (the Buyer “places” the ordered merchandise in the electronic shopping basket in the shop web interface),
3.4.2. the method of payment of the sales price of the merchandise, data about the required method of delivery of the ordered merchandise, and
3.4.3. information about the costs related to delivery of the merchandise (hereinafter jointly referred to as the “order“).
3.5. Before sending the order to the Seller the Buyer is permitted to check and change the data that the Buyer gave in the order, also to give the Buyer the opportunity to find and correct mistakes made when entering data in the order. The Buyer sends the order to the Seller by clicking on the “Order” button. The Seller considers the data in the order to be correct.
3.6. Sending the order is considered an action by the Buyer, which indisputably identifies the ordered merchandise, the purchase price, the person of the Buyer and the method of payment of the purchase price and is a binding draft of the sales contract for the contracting parties. The validity of the order is conditional to completion of all the required information in the order form, acquaintance with these business terms on the website and the Buyer’s confirmation that he has been acquainted with these business terms.
3.7. Immediately after receiving the order the Seller confirms receipt to the Buyer by electronic mail, to the Buyer’s e-mail address given in the user interface or in the order (hereinafter the “Buyer’s electronic address”).
3.8. Depending on the nature of the order (the quantity of the merchandise, the value of the sales price, the estimated delivery costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
3.9. The draft of the sales contract in the form of an order remains valid for fifteen days.
3.10. The contractual relationship between the Buyer and the Seller originates on delivery and receipt of the order (acceptance), which the Seller sends to the Buyer by electronic mail, to the Buyer’s e-mail address.
3.11. If any of the requirements given in the order cannot be met by the Seller, it will send the Buyer (to the Buyer’s electronic address) the modified offer giving the possible proposals of the order and request the Buyer’s confirmation.
3.12. The modified proposal is considered a new draft of the sales contact and, in such cases, the sales contract is concluded by its acceptance by the Buyer by e-mail.
3.13. The Buyer agrees to use of remote communication means when concluding the sales contract. The costs incurred by the Buyer during use of remote communication means in relation to conclusion of the sales contract (internet connection costs, telephone call costs) are covered by the Buyer, whereas these costs do not differ from basic rates.
4. The price of merchandise and Payment terms
4.1. The Buyer may pay price of the merchandise and potential costs related to delivery of the merchandise according to the sales contract, to the Seller using the following methods:
- cash on collection at the site determined by the Buyer in the order;
- bank transfer to the Seller’s account No. 2500911651 / 2010, with the Fio banka, a.s. Company, V Celnici 1028/10, 117 21 Prague 1 (hereinafter the “Seller’s account“);
- transfer by using the GoPay or PayPal systems
4.2. The Buyer is required to reimburse the Seller for the costs related to packaging and delivery of the merchandise in the arranged value together with the sales price. Unless explicitly stated otherwise, the sales price is understood to mean the costs related to delivery of the merchandise.
4.3. The Seller does not demand a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4.6 of the business terms regarding the duty to pay the sales price of the merchandise in advance.
4.4. In the event of payment in cash or payment on collection, the sales price is due payable during receipt of the merchandise. In the case of payment by transfer, the sales price is due payable within 10 days from the time the sales contract was concluded.
4.5. In the case of payment by transfer the Buyer is required to pay the sales price of the merchandise while giving the variable symbol for payment. In the case of payment by transfer the Buyer’s obligation to pay the sales price is fulfilled at the time the relevant amount is credited to the Seller’s account.
4.6. The Seller is entitled, particularly in the event that the Buyer does not additionally confirm the order (Article 3.8), to require payment of the entire sales price before the merchandise is sent to the Buyer. The provisions of Section 2119(1) of the Civil Code do not apply.
4.7. Potential discounts on the price of merchandise provided by the Seller to the Buyer cannot be mutually combined.
4.8. If usual during business contact or if determined by the generally binding legal regulations, the Seller will issue a tax document – invoice to the Buyer in regard to payments made on the basis of the sales contract. The Seller is a value added tax payer. The Seller issues the tax document – invoice to the Buyer after payment of the price of merchandise and sends it to the Buyer’s electronic address in electronic form.
5. Withdrawal from the sales contract
5.1. The Buyer is aware that according to the provisions of Section 1837 of the Civil Code it is also not possible to withdraw from a contract:
5.1.1. in relation to delivery of merchandise the price of which depends on fluctuation of the financial market independently of the Seller’s will, which may occur before the deadline for withdrawal from the contract,
5.1.2. regarding delivery of merchandise that was modified according to the Buyer’s wishes or for the Buyer’s person
5.1.3. regarding delivery of merchandise that is subject to rapid spoilage and also merchandise that as irrevocably mixed with other merchandise after delivery,
5.1.4. regarding delivery of merchandise in a closed packaging, which the Buyer removed from the packaging and which cannot be returned for hygienic reasons,
5.1.4. regarding delivery of sound or video recordings or computer programs, if their original packaging has been opened,
5.1.6. regarding delivery of newspapers, periodicals or magazines,
5.1.7. regarding delivery of digital content, if this was not delivered on a tangible carrier and was delivered with the prior explicit consent of the Buyer before elapse of the deadline for withdrawal from the contract and the Seller informed the Buyer before conclusion of the contract that in such a case the Buyer is not entitled to withdraw from the contract.
5.2. If this does not concern a case specified in Article 5.1 or any other case, during which it is not possible to withdraw from the sales contract, the Buyer is entitled to withdraw from the sales contract in compliance with the provisions of Section 1829(1) of the Civil Code, within fourteen (30) days from receipt of the merchandise, whereas in the event that the subject of the sales contract is any type of merchandise or delivery of several parts, this deadline commences running from the date of receipt of the last delivery of merchandise. Withdrawal from the sales contract must be sent to the Seller before the deadline specified in the previous sentence.
5.3. The sample form provided by the Seller, which is attached to the business terms, may be used to withdraw from the sale contract. The Buyer can send withdrawal from the sales contract to the address of the Seller’s business premises or registered address. The provisions of Article 11 of these business terms apply to delivery of withdrawal
from the contract. The entrepreneur confirms its acceptance to the consumer without undue delay in text form.
5.4. In the event of withdrawal from a sales contract according to Article 5.2 of the business terms, the sales contract becomes null and void. The merchandise must be returned to the Seller within fourteen (14) days after withdrawal from the contract. If the Buyer withdraws from the contract, the Buyer bears the costs related to returning the merchandise to the Seller, even in cases when the merchandise cannot be returned by usual postal methods due to its nature.
5.5. In the event of withdrawal from the contract according to Article 5.2 of the business terms, the Seller will refund the money accepted from the Buyer within fourteen (14) days after withdrawal from the sales contract by the Buyer, in the same manner the Seller accepted this money from the Buyer. The Seller is also entitled to refund the money to the Buyer when the merchandise is returned by the Buyer or in another manner, if the Buyer agrees to this and dos not incur additional costs as a result. If the Buyer withdraws from the sales contract, the Seller is not required to refund the accepted money to the Buyer before the Buyer returns the merchandise or provides evidence that he has sent the merchandise to the Seller.
5.6. The Seller is entitled to unilaterally off-set the right to compensation of damages incurred to the merchandise against the Buyer’s entitlement to a refund of the purchase price.
5.7. The Seller is entitled to withdraw from the sales contract at any time until the time of acceptance of the merchandise by the Buyer. In such cases the Seller refunds the purchase price to the Buyer without undue delay, by transfer to the account specified by the Buyer.
5.8. If a gift is provided to the Buyer together with the merchandise, the donation contract between the Seller and the Buyer is concluded with the resolutive condition that if the Buyer withdraws from the sales contract, the donation contract regarding such a gift become invalid and the Buyer is required to return the provided gift together with the merchandise.
6. Carriage and delivery of the merchandise
6.1. In the event that a method of carriage arranged on the basis of a special requirement by the Buyer, the Buyer bears the risks and potentially additional costs related to this method of carriage.
6.2. If the Seller is required to deliver the merchandise to the site specified by the Buyer in the order, the Buyer is required to accept the merchandise on delivery.
6.3. If the merchandise has to be delivered repeatedly or in another manner than that specified in the order, for reasons on the part of the Buyer, the Buyer is required to cover the costs related to repeated delivery of the merchandise, or the costs related to another method of delivery.
6.4. During acceptance of the merchandise from the forwarder the Buyer is required to check that the merchandise packaging has not been damaged and in the event of any defects to immediately inform the forwarder. In the event that the packaging is found to be damaged, proving unauthorised opening of the consignment, the Buyer is not required to accept the consignment from the forwarder.
7. Rights on the basis of defective performance
7.1. The rights and duties of the Contracting parties regarding rights on the basis of defective performance are governed by the generally valid regulations (particularly Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code).
7.2. The Seller is liable to the Buyer for the merchandise being free of any defects on acceptance. The Seller is particularly liable to the Buyer that, at the time he accepts the merchandise:
7.2.1. the merchandise has the properties arranged by the parties and, if there are no such arrangements that the merchandise has the properties that the Seller or the manufacturer described or which the Buyer expected with regard to the nature of the merchandise and on the basis of adverts presented by the Seller,
7.2.2. the merchandise is suited to the purpose of use specified by the Seller or for which merchandise of this type is usually used,
7.2.3. the merchandise corresponds to the quality or execution of the arranged sample or model, if the quality or execution was determined according to an arranged sample or model,
7.2.4. the merchandise is delivered in the corresponding quantity, dimensions or weight, and
7.2.5. the merchandise complies with the requirements of legal regulations.
7.3. In relation to merchandise sold for a lower price the provisions set out in Article 7.2 of the business terms do not apply to defects due to which the lower price was arranged, to wear of the merchandise caused by its usual use, in relation to used merchandise these provisions do not apply to defects corresponding to the degree of use or wear, which the merchandise had on acceptance by the Buyer, or if this arises from the nature of the merchandise.
7.4. If the defect appears during a period of six months from acceptance, the merchandise is considered to have been defective during acceptance.
7.5. The Buyer applies rights on the basis of defective performance to the Seller at the address of its business premises, at which acceptance of a claim is possible with regard to the range of the sold merchandise, possibly also at the registered address or place of business. The moment of application of the claim is considered to be the moment the Seller received the returned merchandise from the Buyer.
7.6. The parties’ other rights and duties related to the Seller’s liability for defects may be regulated by the Seller’s claims regulations.
8. The Contracting parties’ other rights and duties
8.1. The Buyer acquires ownership of the merchandise on payment of the entire purchase price of the merchandise.
8.2. The Seller is not bound by any codes of behaviour within the meaning of the provisions of Section 1826(1)(e) of the Civil Code in the relationship with the Buyer.
8.3. The Czech Trade Inspection authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, Reg No.: 000 20 869, website: http://www.coi.cz, has jurisdiction over out-of-court resolution of consumer disputes arising from the sales contract.
8.4. The Seller is authorised to sell merchandise on the basis of a trade licence. Within the scope of its activities the relevant Trade Licencing Authority with jurisdiction carries out trade inspections. The Office for Protection of Personal Data carries out supervision over the field of protection of personal data. The Czech Trade Inspection Authority also carries out limited supervision over adherence to Act No. 634/1992 Sb., on consumer protection, as amended.
8.5. The Buyer hereby assumes the risk of changes to circumstances within the meaning of Section 1765(2) of the Civil Code.
9. Protection of personal data
9.1. Protection of the personal data of Buyers who are natural persons is afforded by Act No. 101/2000 Sb., on protection of personal data, as amended.
9.2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, registration number, tax registration number, e-mail address, telephone number – (hereinafter jointly referred to as “personal data“).
9.3. The Buyer agrees to the processing of its personal data by the Seller for the purpose of execution of rights and duties on the basis of the sales contract and for the purpose of administering a user account. Unless the Buyer chooses a different option, it also agrees to the processing of personal data by the Seller for the purpose of sending information and business messages to the Buyer. The consent to processing of personal data in the entire scope according to this Article is not alone a condition that would prevent conclusion of
the sales contract.
9.4. The Buyer is aware that he is required to give its personal data correctly and truthfully (during registration, in its user account, when placing orders on the shop web interface) and that he is required to inform the Seller of changes to his personal data without undue delay.
9.5. The Seller may authorise a third party as the processor to process the Buyer’s personal data. Apart from the person delivering the merchandise, the Seller will not provide the personal data to third parties without the Buyer’s prior consent.
9.6. Personal data shall be processed for an unlimited period. The personal data will be processed in electronic form using automated methods or in printed form by non-automated methods.
9.7. The Buyer confirms that the provided personal data is accurate and that he has been instructed that this concerns voluntarily provided personal data.
9.8. If the Buyer believes that the Seller or the processor (Article 9.5) processes his personal data in conflict with protection of the Buyer’s private and personal life or in conflict with the law, particularly if the personal data is inaccurate with regard to the purpose of its processing, he may:
9.8.1. ask the Seller or the processor for an explanation,
9.8.2. ask the Seller or processor to remedy the situation.
9.9. If the Buyer requests information about the processing of his personal data, the Seller is required to provide this information. The Seller is entitled to request an appropriate fee for provision of information according to the preceding sentence, which does not exceed the costs essential for provision of information.
10. Sending business messages and storing cookies
10.1. The Buyer agrees to be sent information related to the Seller’s merchandise, services or enterprise to the Buyer’s e-mail address and also agrees to be sent business message by the Seller to the Buyer’s e-mail address.
10.2. The Buyer agrees to have cookies stored on his computer.
11.1. Notifications concerning the relationship between the Buyer and the Seller, particularly concerning withdrawal from the sales contract, must be delivered by post in the form of a registered letter, unless stipulated otherwise in the sales contract. Notification is delivered to the relevant contact address of the other party and is considered delivered and effective at the time it is delivered by post, with the exception of notice of withdrawal from the contract made by the Buyer, during which time withdrawal is effective if the Buyer sends the notice before the deadline for withdrawal.
11.2. Notifications acceptance of which was refused by the addressee, which were not collected within the storage deadline or which were returned as impossible to deliver, are also considered delivered.
11.3. The Contracting parties may deliver ordinary correspondence to each other by means of electronic mail, to the e-mail address given in the Buyer’s user account or given by the Buyer in the order, or to the address given on the Seller’s website.
12. Final provisions
12.1. If the relationship based on the sales contract contains an international (cross-the-border) element, then the parties arrange that the relationship is governed by Czech law. This does not affect consumer rights arising from the generally binding legal regulations.
12.2. If any of the provisions of the business terms is or becomes invalid or ineffective, a provision the meaning of which is the closest to the invalid provision is used instead. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions. Amendments and supplements to the sales contract or business terms must be made in writing.
12.3. The sales contract, including the business terms, is archived by the Seller in electronic form and is not accessible.
12.4. A model form for withdrawal from the sales contract is attached to the business terms
12.5. The Seller’s contact information: correspondence address mooonster s.r.o., Trpinky 46/7, 798 11, Prostějov – Vrahovice (AVS Complex), E-mail address email@example.com, telephone number +420 777 632 861.
In Prostějov 28.7.2019
Instructions on the right to withdraw from the contract
1. The right to withdraw from the contract
1.1 You are entitled to withdraw from the contract without giving a reason within 30 days.
1.2 You are entitled to withdraw from the contract without giving a reason within 30 days from the date following the date on which the contract was concluded, in the event of conclusion of a sales contract whereas you or a third party designated by you (other than the forwarder) accepts the merchandise.
1.3 For the purpose of application of the right to withdraw from the contract, you must inform the mooonster s.r.o. Company, with registered office at Trpinky 46/7, 798 11, Prostějov – Vrahovice (AVS Complex) Registration Number: 04660820, of your withdrawal from this contract, in the form of a unilateral legal action (e.g. by letter sent by a postal service provider).
1.4 In order to adhere to the deadline for withdrawal from this contract simply withdraw from the contract before elapse of the relevant deadline.
2. The consequences of withdrawal from the contract
2.1 If you withdraw from this contract we will refund all payments we received from you, including delivery costs (apart from additional costs incurred as a result of your chosen method of delivery, which differs to the cheapest method of standard delivery offered to you), without undue delay, within 30 days from the day we receive your notification of withdrawal from the contract. We will use the same payment means you used to make the initial transaction to refund your payments, unless you explicitly specify otherwise. We assure you that you will
not incur additional costs. We will refund the payment after we receive the returned merchandise.
2.2 You will bear the direct costs related to returning the merchandise. You will only be liable for reduction of the value of the merchandise as a result of handling of this merchandise in a manner other than that necessary to become acquainted with the nature and properties of the merchandise, including its functionality.
2.3 If you requested that provision of services begins before the deadline for withdrawal from the contract, you will pay us the amount corresponding to the scope of the provided services until the time you informed us of your withdrawal from the contract, compared to the total scope of the services specified in the contract.