Terms and Conditions
1. Basic provisions
1.1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code").
1.2. Business company: FALCOM, s.r.o.
VAT number: CZ07360479
with registered office: Nechvílova 1854, 148 00 Prague 4
registered at the Municipal Court in Prague, section C, insert 299583
phone: +420 778153860
web address: www.dogrider.eu
(hereinafter referred to as "Seller" or "Falcom")
1.3. These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside of his business activity as a consumer, or as part of his business activity (hereinafter: "buyer" or "Customer") through a web interface located on the website available at the internet address www.dogrider.eu (hereinafter the "online store"). Each Customer has the opportunity to become familiar with these terms and conditions before sending the order. At the same time, they are sent to each Customer immediately after receiving his order and form an integral part of the purchase contract. The buyer was properly familiarized with the wording of the terms and conditions before concluding the purchase contract.
1.4. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
1.5. These terms and conditions and the purchase contract are concluded in the Czech language. If the buyer is interested in concluding a contract in another language, he will select the appropriate language option in the online store.
2. Procedure before the conclusion of the contract, ordering procedure, conclusion of the contract
2.1. Notice before concluding the contract
* 2.1.1. Falcom does not charge any costs for the use of remote communication means, but the Customer may incur the usual costs associated with the use of these services vis-à-vis third parties (e.g. mobile operator, internet connection provider).
* 2.1.2. With the exception of the cash on delivery payment method (Article 9.4), Falcom requires payment of the purchase price, or
in the case of payment by card, a reservation of the amount corresponding to the purchase price (Article 9.3), before dispatching the goods to the customer; the customer chooses the payment method during the ordering process. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before the goods are shipped is not a deposit.
* 2.1.3. Falcom does not conclude contracts that are subject to repeated performance or contracts for an indefinite period.
* 2.1.4. The prices of goods and services on the website operated by Falcom are shown inclusive of VAT, including all fees established by law; the total cost of delivery of goods or services may vary depending on the chosen method and transport provider, as well as the method of payment and the value of the ordered goods; the customer chooses the shipping method during the ordering process. 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.
* 2.1.5. The information on the costs associated with the packaging and delivery of the goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic. Detailed conditions, including delivery to other countries, are governed by Article 3 of the terms and conditions.
* 2.1.6. The conditions, deadline and procedures for exercising the right to withdraw from the contract, as well as the form for withdrawing from the contract, are set out in Article 6 of the terms and conditions. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route. The Buyer is liable to the Seller for the reduction in the value of the goods, which occurred as a result of handling these goods in a way that is necessary to handle them with regard to their nature and characteristics.
2.2. Order process
* 2.2.1. By clicking on the product or its description, the customer goes to the details of the product, e.g. details related to the design of the product. The product is placed in the virtual shopping cart after clicking on the shopping cart symbol.
* 2.2.2. After clicking on the "shopping cart" symbol, the customer will see an overview of all selected products, which he can check at any time and make changes if necessary.
* 2.2.3. If the customer has completed his selection of products, he continues using the "To order/checkout" button. The customer must enter their address and billing information.
* 2.2.4. In the next step, the customer gets to the last step of the order, which is "Overview". Here you will see the entire order with the prices of the individual products (including VAT) and the price for possible postage and packaging. In this step, the customer can check the contents of the entire order.
* 2.2.5. The customer places a binding order when he clicks on the "Order" icon in the last step. This order is sent.
2.3. A conclusion of the contract
* 2.3.1. The images in the online store are intended for illustration, they do not represent binding sales offers.
* 2.3.2. The buyer's order to create a purchase contract is created by clicking the "Buy" button. The Customer will then promptly receive the Seller's automatic confirmation of receipt of the order by e-mail ("Confirmation of Order Receipt"). The seller's current terms and conditions are attached to the automatic order confirmation. This automatic confirmation of receipt of the order does not constitute the conclusion of a purchase contract. The purchase contract is concluded only after the seller accepts the order, which Falcom confirms to the customer in a subsequent order
by e-mail, usually sent during Falcom's working hours on the next working day after receipt of the order. The contract with Falcom is only concluded when Falcom sends the customer a Notice of Acceptance of the Order.
* 2.3.3. All Buyer's orders accepted by the Seller are binding. The buyer can cancel the order until the buyer receives the notification of acceptance of the order by the seller. The buyer can cancel the order by phone at the seller's phone number or email listed in these terms and conditions.
* 2.3.4. If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.
* 2.3.5. In the event that there was an obvious technical error on the part of the seller when indicating the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.
3. Postage and packaging
3.1. When ordering goods and choosing cash on delivery, we charge a cash on delivery fee of CZK 55.
It does not apply to transport to Slovakia. The prices of postage and packaging to Slovakia and other countries are listed on the website of the e-shop.
You can find more information about postage and packaging here.
Do not accept visibly damaged or unwrapped packages. Contact us on phone number 778153860 to agree on how to proceed further. Details can also be found in Article 4 of the terms and conditions.
4. Delivery of goods
4.1. Unless otherwise stated, the delivery time is set at 2-7 working days from dispatch.
4.2. In the event that Falcom is unable, through no fault of its own, to deliver the ordered product to the customer due to an error on the part of the suppliers of this product, it reserves the right to withdraw from the contract. In such a case, Falcom must inform the customer immediately and agree on the next procedure, possibly on a refund.
4.3. 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.
4.4. 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. If the product is damaged during delivery, the customer immediately contacts customer service. As a result of the notification, Falcom files a claim regarding the damage with the carrier or transport insurer. If the customer does not report damage during transport, this has no impact on his legal rights from defective performance.
5. Reservation of Ownership
5.1. Until the price is paid in full, the goods remain the property of Falcom. Before the transfer of ownership, the goods may not be transferred to another person, stopped, processed or changed without the consent of Falcom.
6. Instructions on withdrawing from the purchase contract
6.1. A customer who concluded a purchase contract outside of his business activity as a consumer is entitled to withdraw from the contract within a period of fourteen days. The following provisions relate to the right to withdraw from the contract and the exclusion of the right to withdraw from the contract. If the customer has any further questions about withdrawing from the contract, he can contact tel. 778153860 or email email@example.com.
Instructions for withdrawing from the purchase contract for consumers
6.2. The customer has the right to withdraw from the purchase contract within fourteen days without giving a reason. The deadline for withdrawing from the contract expires fourteen days from the day the Customer takes physical possession of the last goods from the given order.
6.3. In order to exercise your right of withdrawal, you must contact us Falcom, s.r.o. Nechvílova 1854, Prague 4, 14800, to inform by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from the contract. You can use the model withdrawal form published on the store's website.
6.4. To comply with the withdrawal period, it is sufficient that you send a notice of withdrawal before the expiry of the fourteen-day period.
Consequences of withdrawal from the contract
6.5. In the event of an effective withdrawal from the contract, we will return all payments we have received from you for the given orders (except for other countries where the buyer pays both postage). Payments must be returned no later than fourteen days from the date on which we received notice of withdrawal from you.
6.6. We may deny refunds until we receive the goods back or until the Customer proves that they have sent the goods back to the Seller.
6.7. Return the goods without delay and in any event no later than fourteen days from the day on which you notify us that you withdraw from this contract to the address:
Falcom, s.r.o. Nechvílova 1854, Prague 4, zip code 14800.
6.8. The cost of postage for returning goods is paid by the Customer.
6.9. The fourteen-day period is preserved if the goods are dispatched within this period. The buyer is obliged to pack the goods thoroughly so that they are not damaged during transport. The goods must be returned to the seller undamaged and unworn, in their original condition and in their original packaging.
6.10. The Seller shall promptly confirm receipt of the notice of withdrawal to the Customer.
6.11. In the event of withdrawal from the contract, the returned purchase price may be reduced by a reduction in the value of the goods as a result of handling these goods in a way other than what is necessary to familiarize yourself with the nature, properties and functionality of the goods, or the goods may be returned with an explanation as to why the withdrawal from the contract was not accepted .
7. Complaints and out-of-court settlement of consumer disputes
7.1. If you believe that we have harmed you or failed to live up to our obligations, please email us at firstname.lastname@example.org.
7.2. If we fail to resolve the dispute directly, based on Act No. 378/2015 amending Act No. 634/1992 Coll., on consumer protection, you also have the right to an out-of-court settlement of a consumer dispute.
7.3. The subject (ADR) of out-of-court resolution of consumer disputes between a trader and a consumer is the Czech Trade Inspection or another entity authorized by the Ministry of Industry and Trade, see here (http://www.mpo.cz/dokument169867.html).
7.4. With the Czech Trade Inspection, the consumer has the option of submitting a proposal via an online form, available on the Czech Trade Inspection website (https://adr.coi.cz/cs).
7.5. The consumer can file a proposal with the Czech Trade Inspection or an authorized entity no later than 1 year from the day on which he exercised his right, which is the subject of the dispute, with Falcom for the first time.
7.6. The consumer can also make a claim through the EU's out-of-court consumer dispute resolution platform, which is available online at: https://webgate.ec.europa.eu/odr/main/index.cfm? event=main.home.show&lng=CS. Only a consumer living in the EU can submit a proposal here against an entrepreneur based in the EU. Falcom has no obligation or interest in participating in this out-of-court resolution of consumer disputes through the Platform.
7.7. If the disputing parties are not satisfied with the quality of the out-of-court settlement of a consumer dispute and believe that the Rules for out-of-court settlement of consumer disputes have been violated during the proceedings, they can submit a complaint to the address of the Ministry of Industry and Trade or to the email address email@example.com.
7.8. In the case of cross-border disputes, the European Consumer Center Czech Republic helps consumers in accessing the relevant body for the out-of-court resolution of consumer disputes, https://evropskyspotrebitel.cz/mimosoudni-reseni-sporu-adr/.
7.9. The costs associated with the out-of-court settlement of consumer disputes are borne by the parties themselves.
8. Rights from defective performance, their application
8.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by Czech law and its respective 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).
8.2. Falcom responds to the customer that the goods are free of defects upon receipt. The fulfillment of another thing, as well as defects in the documents necessary for the use of the thing, are also considered a defect. In particular, Falcom shall respond to the customer that, at the time the customer has received the goods:
* 8.2.1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, have the properties that Falcom or the manufacturer has described or that the customer expected in view of the nature of the goods and on the basis of their advertising,
* 8.2.2. the goods are suitable for the purpose for which they are to be used by Falcom or for which goods of this type are usually used,
* 8.2.3. 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,
* 8.2.4. is the goods in the corresponding quantity, measure, weight, color and size
* 8.2.5. the goods comply with the requirements of legal regulations.
8.3. The provisions stated in Article 8.2 of these 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, or to used goods to a defect corresponding to the degree of use or wear that the goods had when acceptance by the customer, or if this results from the nature of the goods.
8.4. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. The customer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt. The gift provided by Falcom for purchase is not covered by the warranty or the responsibility of the seller for defects.
8.5. If the customer does not report the defect in time, he loses the right to withdraw from the contract.
8.6. If the customer did not report the defect without unnecessary delay after he could have discovered it during a timely inspection and sufficient care, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the customer could have discovered it with sufficient care, but no later than two years after handing over the item.
Material breach of contract
8.7. If defective performance is a material breach of contract, the Customer has the right to:
* 8.8.1. to eliminate the defect by delivering a new item without a defect or by supplying a missing item, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the customer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the customer has the right to have the defect removed free of charge,
* 8.8.2. to remove the defect by repairing the item;
* 8.8.3. for a reasonable discount from the purchase price; or
* 8.8.4. withdraw from the contract.
8.8. A material breach of the contract is when there is defective performance of such a nature that Falcom knew or could have known at the time of concluding the contract that the customer would not have concluded the contract if he had foreseen this breach.
8.9. The customer shall inform Falcom of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The customer cannot change the choice made without Falcom's consent; this does not apply if the customer requested repair of a defect that turns out to be irreparable.
8.10. If Falcom does not remove the defects within a reasonable period of time, or if it notifies the customer that it will not remove the defects, the customer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract.
8.11. If the customer does not choose his right in time, he has the same rights as in the case of an insignificant breach of contract - see Article 8.13.
8.12. The customer has the right to the delivery of a new item or the replacement of a part even in the case of a removable defect, if the item cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the customer also has the right to withdraw from the contract.
Minor breach of contract
8.13. If defective performance is an insignificant breach of contract, the customer has the right to have the defect removed or to a reasonable discount from the purchase price.
8.14. It is always a minor violation if the conditions according to Article 8.7 are not met.
8.15. As long as the customer does not exercise the right to a discount on the purchase price or withdraw from the contract, Falcom can supply what is missing or remove the legal defect. Other defects can be removed by Falcom at its option by repairing the item or by delivering a new item, the choice must not cause unreasonable costs to the customer.
8.16. If Falcom does not remove the defect in time or refuses to remove the defect, the customer may request a discount from the purchase price, or may withdraw from the contract. The customer cannot change the choice made without Falcom's consent.
Exercising rights from defective performance
8.17. Rights from defective performance are exercised by the customer at Falcom at the address:
Falcom, s.r.o., Nechvílova 1854, Prague 4, 14800.
8.18. The moment when Falcom received the claimed goods from the customer (the day of receipt of the goods) is considered the moment of application of the complaint.
8.19. Falcom's authorized person will decide on the validity of the complaint without undue delay, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, will be dealt with without undue delay, no later than 30 days from the date of application of the complaint, unless we agree on a longer period.
8.20. Falcom will confirm the exercise of the rights according to Article 8 of these terms and conditions to the customer in writing. At the same time, it will indicate when the right was exercised and the period for processing the complaint.
8.21 Upon delivery of a new item, the customer returns the originally delivered item (including all supplied accessories) to the Seller.
8.22. In the event of a legitimate exercise of rights from defective performance, Falcom will reimburse the customer for the purposefully incurred costs directly associated with the transportation of the goods for the purpose of making a claim, which were incurred to the necessary and reasonable extent, as well as postage costs. The costs of removing the defect or the costs of court proceedings, the subject of which is a claim for recognition of rights from defective performance, are not considered to be purposefully incurred costs.
8.23. The customer cannot withdraw from the contract or demand the delivery of a new item if he cannot return the item
in the condition in which he received it. that doesn't apply
* 8.23.1. if there was a change in condition as a result of the inspection for the purpose of detecting a defect in the item,
* 8.23.2. if the customer used the item before the defect was discovered,
* 8.23.3. if the customer did not cause the impossibility of returning the item in an unchanged state by action or omission, or
* 8.23.4. if the customer sold the item before the defect was discovered, if he used it, or if he changed the item during normal use; if this has happened only in part, the customer will return to Falcom what he can still return and will give Falcom compensation up to the amount in which he benefited from the use of the item.
8.24. If the customer so requests, Falcom will confirm to him in writing the extent and duration of its obligations in the event of defective performance. In this confirmation, Falcom will explain the content, scope, conditions and duration of its liability and the manner in which the rights deriving from it can be exercised.
9. Methods of payment
9.1. Payment for goods is possible via cash on delivery, bank transfer, payment card or GoPay. Falcom reserves the right to accept only certain types of payment in certain cases. Payment by sending cash or checks is not possible.
9.2. Bank transfer
* 9.2.1. If the Customer wishes to pay by bank transfer, it is necessary to pay the required amount to the account below within 7 days after receiving confirmation of acceptance of the order (the Customer will also receive all the necessary information in an automatic email).
* 9.2.2. Bank connection for Czech customers:
account number 100353778/5500
* 9.2.3. Bank connection for customers from other countries:
9.3. Credit card
* 9.3.1. When paying by credit card, the amount will be deducted from the Customer's account within one week after the goods have been shipped. It is possible to use MasterCard and VISA payment cards.
9.4. Cash on delivery
* 9.4.1. Payment by cash on delivery is the earliest method of payment for goods purchased on the Internet in the Czech Republic. You pay for the ordered goods only when they are taken over by the driver of the transport company
* 9.5.1. GoPay is an online payment system that allows anyone with an email address to send and receive online payments using their credit card or bank account. You can use it to pay safely, easily and quickly at Falcom.cz.
9.6. The seller issues a tax document - an invoice - to the buyer. The tax document is sent to the e-mail address of the buyer or attached to the delivered goods.
10. Protection of personal data
10.1. Falcom takes the protection of its Customers' data very seriously. The Customer grants the Seller consent to the processing of his personal data necessary for the fulfillment of the contract and for marketing purposes to the extent of the data filled in the order. The customer has the right to withdraw his consent at any time, to request correction or deletion of personal data. The protection of personal data and the rights and obligations of the data subject and the data processor are governed by the conditions established by generally binding legal regulations.
Internet store operator
Falcom, s.r.o., Nechvílova 1854, Prague 4, 14800, managing director Ivan Rumler, e-mail: firstname.lastname@example.org.
12. Safety instructions and warnings
DO NOT USE THE DOGRIDER IF YOU HAVE A CARBON FRAME OR ROAD HANDLEBAR (RAMS)!
If you choose to purchase and install a Dogrider pet seat for your pet, you do so at your own risk. Cycling can be very dangerous, especially when carrying passengers or cargo of any kind. You must always wear protective equipment (helmet, gloves, etc.). Owners, executives, employees or other representatives of Falcom s.r.o. are not responsible for any damage or injury caused by the use of the Dogrider seat. Furthermore, the buyer assumes all risks associated with the assembly and use of Dogrider brand seats. Your pet must always be secured in the seat and must be restrained using the supplied safety harness. See the Installation and Instructions page. General Terms and Conditions. By purchasing this product, I accept these terms. Every time you use the Dogrider dog seat, you must check all its components to make sure the seat is properly mounted on the bike and that no parts are cracked, loose, missing, or broken.
Due to the size and weight involved in transporting a pet on a bicycle, you may need to react quickly when the animal shifts its weight. Extra care should always be taken when driving. Care must be taken when putting your dog in and out of the seat. This should be done in a safe place and away from the distraction of other pets.
Initial rides should be short, on smooth terrain and in a safe place. Never leave an animal unattended on the seat. Due to the higher center of gravity, the bike may fall if you put it on a stand or do not provide proper support. You must not allow your dog to be distracted while driving. You need to focus on the safe operation of your ride, the rules of the road, the environment around you and other cyclists, pedestrians and cars.
13. Final Provisions
13.1. 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.
13.2. 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 this article of the terms and conditions, the 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 Parliament and of the Council (EC) No. 593/2008 of 17 June 2008 on the law governing contractual obligations (Rome I).
13.3. 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 effective period of the previous version of the terms and conditions.
13.4. For contractual purposes, the Customer agrees that all consents, notices, disclosures and other communications and statements may be delivered to it electronically (ie, for example to its email address), while the written form is thereby preserved.
13.5. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
In Prague on August 18, 2018