General Terms and Conditions

General Terms and Conditions (hereinafter referred to as “Terms”)

 

We are Complete BARF s.r.o.,

with registered office at Střítež 6, 539 01 Včelákov, Czech Republic

Company ID No. 22509895,

registered with the Regional Court in Hradec Králové under file number C 54178/KSHK,

e-mail completebarf@gmail.com,

telephone number +420 774 891 941;

(hereinafter referred to as “We” or “Seller”).

 

These terms and conditions govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or based on a purchase contract (the “Contract”) concluded via the E-shop on the website www.barf-pro-psy.cz.

All information on the processing of Your personal data is contained in the Privacy Policy, which can be found HERE.

The provisions of these Terms and Conditions form an integral part of the Contract. The Contract and Terms and Conditions are executed in the Czech language. We may unilaterally 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 wording of the Terms and Conditions.

As you know, we communicate primarily remotely. Therefore, for our Contract, means of distance communication are used, which allow us to agree without the simultaneous physical presence of Us and You, and the Contract is concluded remotely in the E-shop environment, through the web page interface (the “E-shop web interface”).

If any part of the Terms and Conditions conflicts with what we have jointly approved as part of Your purchase process on Our E-shop, this specific agreement will take precedence over the Terms and Conditions.

 

I. SOME DEFINITIONS

  1. Price is the financial amount you will pay for the Goods;
  2. Delivery Price is the financial amount you will pay for the delivery of the Goods, including the price for its packaging;
  3. Total Price is the sum of the Price and the Delivery Price;
  4. VAT is value added tax according to applicable legislation;
  5. Invoiceis a tax document issued in accordance with the Value Added Tax Act for the Total Price;
  6. Orderis Your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;
  7. User Account is an account created based on the data you provide, which allows you to store entered data and maintain a history of ordered Goods and concluded Contracts;
  8. You are the person purchasing from Our E-shop, referred to as the buyer by legal regulations;
  9. Goods are everything you can buy on the E-shop.

 

II. GENERAL PROVISIONS AND INSTRUCTIONS

  1. The purchase of Goods is only possible through the web interface of the E-shop.
  2. When purchasing Goods, it is your obligation to provide Us with all information correctly and truthfully. Therefore, we will consider the information you provided to Us when ordering the Goods to be correct and truthful.

 

III. CONCLUSION OF THE CONTRACT

  1. It is only possible to conclude a Contract with Us in the Czech language.
  2. The Contract is concluded remotely through the E-shop, and you bear the costs of using means of distance communication. However, these costs do not differ in any way from the basic rate you pay for using these means (i.e. especially for internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting the Order, you agree that we use means of distance communication.
  3. In order for Us to conclude the Contract, you need to create a draft Order on the E-shop. This draft must include the following information:
    1. Information about the Goods being purchased (in the E-shop, you designate the Goods you are interested in purchasing with the "Add to Cart" button);
    2. Information about the Price, the Price for Transport, the method of payment of the Total Price and the required method of delivery of the Goods; this information will be entered as part of creating the draft Order within the user environment of the E-shop, and information about the Price, the Price for Transport and the Total Price will be provided automatically based on the Goods you have chosen and the method of their delivery;
    3. Your identification and contact details used to enable Us to deliver the Goods, in particular your name, surname, delivery address, telephone number and e-mail address;
    4. In the case of a Contract under which We will deliver the Goods to you regularly and repeatedly, also information on how long We will deliver the Goods to you.
  4. During the creation of the draft Order, you can change and check the data until it is created. After checking by pressing the "Order binding to payment" button, you create the Order. However, before pressing the button, you must confirm that you have read and agree to these Terms and Conditions, otherwise it will not be possible to create the Order. A check box is used for confirmation and consent. After pressing the "Order binding to payment" button, all the completed information will be sent directly to Us.
  5. As soon as your Order is delivered to Us, We will confirm it with a message sent to your e-mail address provided in the Order that We have received the Order. The confirmation will include a summary of the Order and these Terms and Conditions. However, the Purchase Agreement is only concluded when We send you a second e-mail message that We accept the Order. The confirmation of acceptance of the Order from Our side results in the conclusion of the Agreement between Us and You. The Terms and Conditions in the wording effective as of the date of the Order form an integral part of the Agreement.
  6. There may also be cases where We are unable to confirm your Order. These are mainly situations where the Goods are not available or cases where you order a larger number of Goods than is allowed by Us. However, We will always provide you with information on the maximum number of Goods within the E-shop in advance and it should therefore not be surprising for you. If there is any reason why We cannot confirm the Order, We will contact you and send you an offer to conclude the Agreement in an amended form compared to the Order. In such a case, the Agreement is concluded at the moment when you confirm Our offer.
  7. If your Order is evaluated as unusual by the E-shop's control system, for example due to an atypical quantity of goods or other unusual parameters, we may contact you to request additional confirmation and, if you choose to pay on delivery, adjust this option to payment in advance to a bank account.
  8. In the event that an obviously incorrect Price is stated within the E-shop or in the Order proposal, We are not obliged to deliver the Goods to you for this Price, even if you have received confirmation of the Order and thus the Agreement has been concluded. In such a situation, We will contact you without delay and send you an offer to conclude a new Agreement in an amended form compared to the Order. The new Agreement is concluded in such a case at the moment when you confirm Our offer. If you do not confirm Our offer even within 3 days of its sending, We are entitled to withdraw from the concluded Agreement. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price of other sellers or a digit is missing or superfluous.
  9. In the event that the Agreement is concluded, you are obliged to pay the Total Price.
  10. If you have a User Account, you can place an Order through it. However, even in such a case, you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage, among other things, is that it is not necessary to repeatedly fill in your identification data.
  11. In some cases, We allow you to use a discount for the purchase of Goods. To provide a discount, you need to fill in the information about this discount in the pre-designated field within the Order proposal. If you do so, you will be provided with the Goods at a discount.

 

IV. USER ACCOUNT

  1. Based on your registration within the E-shop, you can access your User Account.
  2. When registering a User Account, it is your responsibility to provide all entered data correctly and truthfully, and to update it if there are any changes.
  3. Access to the User Account is secured by a username and password. Regarding these access credentials, it is your responsibility to maintain confidentiality and not provide this data to anyone. In the event of their misuse, we bear no responsibility for it.
  4. The User Account is personal, and you are therefore not authorised to allow third parties to use it.
  5. We may cancel your User Account, especially if you do not use it for a long time, or if you violate contractual or other legal obligations through it.
  6. The User Account may not be available continuously, especially with regard to necessary hardware and software maintenance. We apologise for any complications.

 

V. PRICE AND PAYMENT TERMS, RETENTION OF TITLE

  1. The price is always stated within the E-shop, in the Order proposal and of course in the Contract. In case of conflict between the Price stated for the Goods within the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply, which will always be identical to the price in the Contract. The Price for Transport is also stated within the Order proposal, or the conditions under which transport is free of charge.
  2. The total price is stated including VAT and all fees established by law.
  3. We will require payment of the Total Price after the conclusion of the Contract and before the handover of the Goods, in the case of payment on delivery or personal collection of goods at the premises no later than upon receipt of the Goods. You can make payment of the Total Price in the following ways:
    1. Bank transfer. We will send you the information for making the payment as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is payable upon conclusion of the Contract. We send the goods and the delivery periods start to run after the Total Price has been credited to Our account.
    2. Card online. In this case, the payment is made via the payment gateway Shoptet Pay, with the payment being governed by the terms and conditions of this payment gateway, which are available at: https://www.shoptetpay.com/cs/vseobecne-obchodni-podminky-shoptet-pay/In the case of online card payment, the Total Price is payable upon conclusion of the Contract.
    3. Cash on delivery. In this case, payment will be made upon delivery of the Goods against handover of the Goods. In the case of cash on delivery, the Total Price is payable upon receipt of the Goods.
    4. Cash on collection in person. Goods can be paid for in cash if collected in person at Our premises. In the case of cash payment on collection in person, the Total Price is payable upon receipt of the Goods.
  4. For frozen or chilled Goods subject to special transport, payment is only possible in advance without cash (bank transfer, online card) or in cash upon personal collection of the Goods at the premises. Cash on delivery is not possible for frozen or chilled Goods. This is due to the need to maintain the freezing/cooling chain during the transport of the Goods and the possibility of damage if the consignment is not collected on a specific date.
  5. The invoice will be issued in electronic form after payment of the Total Price and will be sent to Your e-mail address. The invoice will also be physically attached to the Goods and available in the User Account.
  6. Ownership of the Goods shall not pass to You until You have paid the Total Price and taken delivery of the Goods. In the case of payment by bank transfer, the Total Price is paid when credited to Our account; in other cases, it is paid at the time of payment.

 

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE

  1. The Goods will be delivered to You in the manner of Your choice, and You may choose from the following options:
    1. Personal collection at Our premises, the address of which can be found in the Contacts;
    2. Personal collection at the dispatch points of Zásilkovna;
    3. Delivery via transport companies Česká pošta, PPL CZ, DHL, Zásilkovna;
  2. Goods can be delivered within the Czech and Slovak Republics and other selected countries of the European Union. The choice of transport companies for individual countries outside the Czech Republic may be limited to one transport company. For options for delivery of the shipment outside the EU, please contact us.
  3. The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to You in the Order Confirmation. The time stated on the E-shop is indicative only and may differ from the actual delivery time. In the case of personal collection at the premises, We will always inform You by e-mail when the Goods can be collected.
  4. Upon receipt of the Goods from the carrier, You are obliged to check that the packaging of the Goods is intact and, in the event of any defects, to notify the carrier and Us immediately. If there is a defect in the packaging that indicates unauthorised handling and entry into the consignment, You are not obliged to accept the Goods from the carrier.
  5. In the event that You fail to comply with Your obligation to take delivery of the Goods, except in the cases referred to in Article VI.4.The aforementioned conditions do not result in a breach of Our obligation to deliver the Goods to You. Likewise, the fact that You do not take delivery of the Goods does not constitute withdrawal from the Contract between Us and You. However, in such cases, We have the right to withdraw from the Contract due to Your material breach of the Contract. If We decide to exercise this right, the withdrawal shall take effect on the day We deliver such withdrawal to You. Withdrawal from the Contract shall not affect the right to payment of the Price for transport, or the right to compensation for damages, if any.
  6. If, for reasons arising on Your part, the Goods are delivered repeatedly or in a manner other than as agreed in the Contract, You shall be obliged to reimburse Us for the costs associated with such repeated delivery. We will send You the payment details for the payment of these costs to Your e-mail address specified in the Contract and are due within 7 days of delivery of the e-mail.
  7. The risk of damage to the Goods passes to You at the moment when You take delivery of them. In the event that You do not take delivery of the Goods, except in the cases under Article VI.4 of the Conditions, the risk of damage to the Goods passes to You at the moment when You had the opportunity to take delivery of them, but for reasons on Your part, the delivery did not take place. The transfer of the risk of damage to the Goods to You means that from that moment You bear all the consequences associated with the loss, destruction, damage or any depreciation of the Goods.
  8. In the event that the Goods were not listed as in stock in the E-shop and an indicative availability period was indicated, We will always inform You in the event of:
    1. an extraordinary outage in the production of the Goods, in which case We will always inform You of the new expected availability period or information that it will not be possible to deliver the Goods;
    2. delay in the delivery of the Goods from Our supplier, in which case We will always inform You of the new expected delivery time.
  9. In the event that We are unable to deliver the Goods to You even within 30 days of the expiry of the delivery time of the Goods specified in the Order confirmation, for any reason whatsoever, both We and You are entitled to withdraw from the Contract.

 

VII. RIGHTS FROM DEFECTIVE PERFORMANCE

  1. We warrant that at the time of the transfer of the risk of damage to the Goods under Article VI.7 of the Conditions, the Goods are free from defects, in particular that:
    1. it has the characteristics that We have agreed with You, and if not expressly agreed, then those that We have indicated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;
    2. it is fit for the purposes We have indicated or for purposes that are customary for Goods of this type;
    3. it corresponds to the quality or design of the agreed sample, if the quality or design was determined according to the sample;
    4. it is in the appropriate quantity and weight;
    5. it meets the requirements laid down by legal regulations;
    6. is not encumbered by third-party rights.
  2. If we have expressly pointed out before the purchase that a certain characteristic of the Goods is different and you have agreed to this characteristic, the Goods cannot be claimed for this characteristic. Furthermore, the Goods cannot be claimed for defects for which a discount has been granted and we have informed you of the reason for the discount in advance.
  3. Rights and obligations regarding rights arising from defective performance are governed by the relevant generally 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).
  4. If the Goods have a defect, i.e. in particular if one of the conditions according to Article VII.1 is not met, you can notify us of such a defect and exercise the rights arising from defective performance (i.e. make a claim for the Goods) by sending an e-mail or letter to our addresses stated in our identification details and in Contacts. You can also use the sample form for the claim, which we will send to you by e-mail upon request. When exercising the right arising from defective performance, it is necessary to inform us of your contact details, how the defect manifests itself (it is appropriate to send photo documentation), to enclose proof of purchase and to choose how you want to resolve the defect, and you cannot subsequently change this choice, with the exception of the cases according to Article VII.5, without our consent. We will process the claim in accordance with your claimed right arising from defective performance. If you do not choose a solution to the defect, you have the rights stated in Article VII.6 even in situations where the defective performance was a material breach of the Contract.
  5. If the defective performance is a material breach of the Contract, you have the following rights:
    1. to have the defect removed by delivering new Goods without the defect, or by delivering the missing part of the Goods;
    2. to have the defect removed by repairing the Goods;
    3. to a reasonable discount from the Price;
    4. to withdraw from the Contract.

If you choose a solution according to points a) or b) and We do not remove the defect in this way within a reasonable period of time that we have stated, or We inform you that we will not remove the defect in this way at all, you have the rights according to points c) and d), even if you did not originally request them as part of the claim. At the same time, if you choose to remove the defect by repairing the Goods and We find that the defect cannot be repaired, We will notify you and you can choose another way to remove the defect.

  1. If the defective performance is a minor breach of the Contract, you have the following rights:
    1. to have the defect removed by delivering new Goods without the defect, or by delivering the missing part of the Goods;
    2. to have the defect removed by repairing the Goods;
    3. to a reasonable discount from the Price.
  2. However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You can also withdraw if you cannot properly use the Goods due to the repeated occurrence of defects after the repair of the Goods or in the event of a greater number of defects in the Goods.
  3. In the case of a material or minor breach, you cannot withdraw from the Contract or demand the delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:
    1. if the condition of the Goods has changed as a result of inspection to detect a defect;
    2. if the Goods have been used before the defect was discovered;
    3. if the impossibility of returning the Goods in an unaltered state was not caused by your action or omission,
    4. if you have sold, consumed or altered the Goods in the course of normal use before the defect was discovered; however, if this has only occurred in part, you are obliged to return the part of the Goods that can be returned and in such case you will not be refunded the part of the Price corresponding to your benefit from the use of the part of the Goods.
  4. Within 3 days of receiving the complaint, we will confirm to you by e-mail that we have received the complaint, when we received it and the estimated time for processing the complaint. We will process the complaint without undue delay, but no later than 30 days after its receipt. The time limit may be extended by mutual agreement. If the time limit expires unsuccessfully, you may withdraw from the Contract.
  5. We will inform you about the settlement of the complaint by e-mail. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You are obliged to prove these costs, e.g. with receipts or confirmations of the price for transport. If the defect has been remedied by the supply of new Goods, you are obliged to return the original Goods to Us, but We will bear the costs of such return.
  6. If you are an entrepreneur, you are obliged to notify and point out the defect without undue delay after you could have discovered it, but no later than three days after taking over the Goods.
  7. If you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months of taking over the Goods.
  8. The provisions regarding the right from defects shall not apply in the case of:
    1. Goods that are sold at a lower Price, for the defect for which the lower Price was agreed;
    2. wear and tear of the Goods caused by its normal use;
    3. used Goods for a defect corresponding to the degree of use or wear and tear that the Goods had when you took them over;
    4. when it follows from the nature of the Goods.

 

VIII. WITHDRAWAL FROM THE CONTRACT

  1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its beginning, may occur for the reasons and in the manner specified in this Article or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.
  2. If you are a consumer, i.e. a person buying Goods outside the scope of your business activities, you have the right to withdraw from the Contract without giving any reason within 14 days of the date of delivery of the Goods, in accordance with Section 1829 of the Civil Code. If We have concluded a Contract whose subject matter is several types of Goods or the supply of several parts of Goods, this period shall begin to run only from the date of delivery of the last part of the Goods, and if We have concluded a Contract under which We will supply Goods to you regularly and repeatedly, it shall begin to run from the date of delivery of the first delivery. You may withdraw from the Contract in any demonstrable way (in particular by sending an e-mail or letter to Our addresses listed in Our identification details). You can also use the sample form for withdrawal, which We can send to your e-mail address upon your request.
  3. However, even as a consumer, you may not withdraw from the Contract in cases where the subject of the Contract is:
    1. Goods that are subject to rapid deterioration or have a short shelf life;
    2. Goods that have been irreversibly mixed with another after delivery;
    3. Goods that have been modified according to your requirements or adapted to your personal needs;
    4. Goods that were delivered to you in a closed\/sealed package and cannot be returned for health or hygiene reasons after you have broken the seal.
  4. The withdrawal period pursuant to Article VIII.2 of the Terms and Conditions shall be deemed to have been observed if you send Us a notice that you are withdrawing from the Contract within that period.
  5. In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days from the date of effectiveness of the withdrawal to the account from which it was credited. However, the amount will not be refunded until you return the Goods to Us or until you prove that they have been sent back to Us. Please return the Goods to Us clean and, if possible, including the original packaging. For transport, please pack it appropriately to avoid damage.
  6. In the event of withdrawal from the Contract pursuant to Article VIII.2 of the Terms and Conditions, you are obliged to send the Goods to Us within 14 days of withdrawal and you shall bear the costs associated with returning the goods to Us. You, on the other hand, are entitled to a refund of the delivery Price, but only up to the amount corresponding to the cheapest offered method of delivery of the Goods that We offered for the delivery of the Goods. In the event of withdrawal due to Our breach of the concluded Contract, We shall also bear the costs associated with returning the goods to Us, but again only up to the amount of the delivery Price corresponding to the cheapest offered method of delivery of the Goods that We offered at the time of delivery of the Goods.
  7. You are liable to Us for damage in cases where the Goods are damaged as a result of your handling of them in a manner other than is necessary to handle them with regard to their nature and properties. In such a case, We will invoice you for the damage caused after the Goods have been returned to Us and the invoiced amount is due within 14 days. If We have not yet refunded the Price to you, We are entitled to set off the claim for costs against your claim for a refund of the Price.
  8. We are entitled to withdraw from the Contract at any time before We deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons relating to the nature of the Goods), even before the expiry of the period referred to in Article VI.9. Terms and Conditions. We may also withdraw from the Contract if it is apparent that you have provided intentionally incorrect information in the Order. If you are purchasing goods in the course of your business activities, i.e. as a business, We are entitled to withdraw from the Contract at any time, even without giving a reason.

 

IX. CONSUMER DISPUTE RESOLUTION

  1. According to Act No. 634/1992 Coll., on Consumer Protection, you have the right to an out-of-court settlement of consumer disputes arising from the Contract. The Czech Trade Inspection Authority – Central Inspectorate, ADR Department, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz, email: adr@coi.cz is the competent authority for this. Out-of-court settlement proceedings are initiated upon your proposal if you have failed to resolve the dispute directly with Us. You can submit the proposal no later than 1 year from the date on which you first exercised your right which is the subject of the dispute with Us. You can use the ODR platform for online dispute resolution located at http://ec.europa.eu/consumers/odr to initiate a dispute resolution between a seller and a buyer who is a consumer, from a sales contract concluded by electronic means.
  2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is a 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 consumer ODR).

 

X. FINAL PROVISIONS

  1. If Our and Your legal relationship contains an international element (for example, if we send goods outside the territory of the Czech Republic), the relationship shall always be governed by the law of the Czech Republic. However, if you are consumers, this provision does not affect your rights under the laws. We conclude the Contract in the Czech language.
  2. We will deliver all written correspondence to you by electronic mail. Our e-mail address is listed in Our identification details and in Contacts. We will deliver correspondence to your e-mail address stated in the Contract, in the User Account or through which you contacted us.
  3. The Contract can only be amended on the basis of Our written agreement. However, We are entitled to amend and supplement these Terms and Conditions, but this amendment shall not affect already concluded Contracts, but only Contracts that will be concluded after the amendment becomes effective. However, We will only inform you about the change if you have created a User Account (so that you have this information if you order new Goods, but the change does not establish a right of termination, as we do not have a Contract that could be terminated), or We are to deliver Goods to you regularly and repeatedly under the Contract. We will send you information about the change to your e-mail address at least 14 days before the change takes effect. If We do not receive a notice of termination of the concluded Contract for regular and repeated deliveries of Goods from you within 14 days of sending the information about the change, the new terms and conditions become part of our Contract and apply to the next delivery of Goods following the effective date of the change. The notice period in the event that you submit the notice is 2 months.
  4. In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational disruptions, subcontractor outages, etc.), We shall not be liable for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for more than 10 days, Both We and You have the right to withdraw from the Contract.
  5. The Contract, including the Terms and Conditions, is archived by us in electronic form, but is not accessible to You. However, You will always receive these Terms and Conditions and an order confirmation with a summary of the order by e-mail and you will therefore always have access to the Contract even without Our cooperation. We always recommend saving the Order confirmation and Terms and Conditions.
  6. All rights to our website, including copyright to the content, including page layout, photos, videos, graphics, logos, products, product recipes and other content and elements, belong to us, unless expressly stated otherwise. It is forbidden to copy, modify or otherwise use them beyond the scope of the purchase contract without our consent.

 

These Terms and Conditions shall take effect on 25.3.2025.