Pet Jellyfish Terms & Conditions:

General Terms and Conditions

These General Terms and Conditions (hereinafter also referred to as Terms and Conditions) apply to contracts entered into through the Designjellyfish online store located on the web interface petjellyfish.co.uk (hereinafter also referred to as Web Interface) between

our company:

avive s.r.o., with its registered office at Lesní 318/7, Doubí, 360 07 Karlovy Vary

IČO (Commercial ID No.): 02694735

DIČ (Tax ID No.): CZ02694735

Incorporated and registered in the Commercial Register maintained by the District Court in Pilsen, Section C, Insert 29450

Delivery address: Libušská 21/168, Libuš 142 00 Prague

Phone number: +420 777 820 495

Contact email: info@petjellyfish.co.uk

 

as a Seller

and you, as a Buyer.

 

RECITALS

Summary of Content of Terms and Conditions

By a purchase contract (hereinafter referred to as Contract), we undertake to deliver the goods listed in the order to you and you agree to take over the goods and pay us the purchase price. In order to conclude the Contract, you need to place an order and for it to be accepted by us (pursuant to Article 2). Information on prices can be found in Article 3. Possible payment and delivery methods can be found in Articles 4 and 5. Information on the possibility of withdrawal from the Contract after takeover of the goods is provided in Article 6. Complaints are governed by our Complaints Procedure Code.

Is this a consumer contract?

This is a consumer contract if you are a consumer, i.e. if you are a natural person and you purchase the goods outside the scope of your business or outside the scope of the independent pursuit of your profession. Otherwise, it is not a consumer contract and you are not covered by consumer protection under the law and these Terms and Conditions.

What governs our mutual rights and obligations?

First of all, the Contract, which consists of the following documents:

these Terms and Conditions, which define our mutual rights and obligations;

Complaints Procedure Code, according to which we will proceed when claiming goods;

The Privacy Policy, which governs the protection of your personal information;

the conditions and instructions given on the Web Interface, in particular when concluding the Contract;

the order and its acceptance by us,

and in matters not regulated by the Contract, our mutual rights and obligations are governed by Czech law, in particular the following legal regulations:

Act no. 89/2012 Coll., the Civil Code (Občanský zákoník), as amended (hereinafter also referred to as Civil Code).

Act no. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).

If your domicile or registered office is located outside the Czech Republic, or if our legal relationship contains another international element, you agree that our relationship is governed by Czech law. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than the Czech law, then you are provided with this higher level of protection.

How do you agree to the Terms and Conditions?

By sending the order and also by confirmation on the Web Interface, you confirm that you have read and agree with these Terms and Conditions.

What else should you know about the Terms and Conditions?

In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or inapplicable, the provision that most closely resembles it shall apply instead. This does not affect the validity of other provisions.

We can modify or supplement the wording of the Terms and Conditions. Your rights and obligations are always governed by the wording of the Terms and Conditions under which they arose. The Terms and Conditions can only be modified or supplemented in writing.

 

PURCHASE CONTRACT

How do we conclude the purchase contract?

In order to conclude the Contract, it is necessary for you to send the order in accordance with these Terms and Conditions and for this order to be accepted by us. Please note that the presentation of goods on the Web Interface is of an informative nature and is not our proposal to conclude a Contract in the sense of Section 1732 (2) of the Civil Code.

How to order?

You can always place an order via the Web Interface (by filling out the form) or in another way that we allow according to the information on the Web Interface. The order must contain all the information prescribed in the form.

Before sending the order via the order form, you will be notified of a recapitulation of the order, including the final price (including all taxes, duties and fees). As part of the recapitulation, you have the last opportunity to edit the entered data.

You place a binding order by pressing the “Confirm Order” button. We consider the data stated in the binding order to be correct and complete. Inform us about their change immediately by phone or e-mail.

Can you cancel or change an order that has already been sent?

You can cancel or change an order that we have not yet received by phone or email.  All orders received by us are binding. Later cancellations or changes to the order are only possible upon agreement with us. If the order of goods in respect of which it is not possible to withdraw from the Contract (in more detail in Article 6) is canceled in this way, we are entitled to reimbursement of costs that we have already incurred in connection with the Contract.

How do you know that we have received the order and when the Contract is concluded?

We will inform you about the receipt of the order. Information about the receipt of the order is sent automatically and it is not an acceptance of the order by us.

The Purchase Contract is concluded when you receive the order acceptance from us to the e-mail address you specified in the order. If the order is not accepted, the Contract is concluded when you take over the ordered goods.

Acceptance of an order can be part of the order receipt information (see above) only if this is explicitly stated in the order receipt information.

Do you have the opportunity to obtain a Contract in text form?

The documents forming the Contract will be sent to you by email or, at your request, printed and sent by post. When sending by post, we may ask you to pay the associated costs.

We archive the documents forming the Contract in electronic form. The Contract is not accessible to third parties.

 

PRICE

Can the price on the Web Interface change?

If the price stated for the goods on the Web Interface or during the ordering process is no longer current, we will notify you immediately. However, accepted orders are not affected by the change in price that occurred between the sending of the order and its acceptance by us.

In the event that there is a clear technical error on our part when stating the price of goods on the Web Interface or during ordering, we are not obliged to deliver the goods at this obviously wrong price due to the absence of serious will manifestation of juridical act under Section 552 of the Civil Code, or for error according to Section 571 of the Civil Code.

Is it possible to combine discounts on the price of goods?

Any discounts on the price of goods cannot be combined with each other, unless explicitly stated otherwise on the Web Interface.

 

TERMS OF PAYMENT

What payment methods do we accept?

You can pay the purchase price in the following ways:

in cash when sending goods cash on delivery or when collected in person;

cashless before delivery of goods by transfer to our bank account (instructions will be given to you in the order confirmation).

Any other payment methods and any fees associated with some payment methods are listed on the Web Interface.

When does the purchase price become due?

In the case of cash payment, the purchase price is payable upon takeover of the goods. In the case of non-cash payment before delivery of the goods, the price is payable within five days of acceptance of the order, the price is paid when the relevant amount is credited to our bank account. If we do not receive the price at the due date, we reserve the right to withdraw from the Contract.

Can we require a deposit or advance?

Please note that in accordance with Section 2119 (1) of the Civil Code, we are entitled to ask you to pay the full price of the goods (or a deposit) before sending the goods or their takeover.

How do we issue receipts in connection with the Electronic Registration of Sales and the tax document?

By agreeing to these Terms and Conditions, you give us consent to the issuance of a receipt pursuant to Act No.112/2016 Coll., on Registration of Sales, as amended, and a tax document by electronic form.

 

TERMS OF DELIVERY

How do we send goods?

The methods of delivery of goods, including the amount of costs for delivery of goods are listed on the Web Interface. You can choose a specific method of delivery of goods in the order. If you do not choose any mode of transport, we can determine it.

The final price will always be stated in the order, which already includes the costs of the chosen mode of transport. When ordering the jellyfish, it is not always possible to quantify the delivery costs before placing the order. In this case, we reserve the right to charge additional delivery costs, based on an individual agreement regarding the method of delivery with you.

When will we deliver the goods to you?

The delivery time of goods always depends on their availability and on the selected method of transport and payment. However, we cannot influence the delivery time of goods by external carriers. In case of problems related to the delivery time, contact us and we will solve the situation with the carrier.

We usually ship goods that are in stock within three (3) working days of accepting the order (when sending the goods cash on delivery or collected in person), or of crediting the payment to our account (cashless payment).

We ship goods that are not in stock as soon as possible. We will inform you about the exact date.

Delivery of goods according to these Terms and Conditions means the moment when the goods are delivered to you. If you unreasonably refuse to accept the goods, this fact is not considered a breach of the obligation to deliver the goods by us, nor a withdrawal from the Contract by you.

You acquire ownership of the goods at the time of payment of the full purchase price.

How to proceed when taking over the goods?

Upon takeover of the goods, check the integrity of the packaging of the goods. If you find any deficiencies, immediately inform the carrier and us. If you refuse to accept a delivery with damaged packaging, this is not considered an unreasonable refusal of the goods.

The moment you take over the goods (or the moment when you were obliged to take over the goods, but you did not do so in violation of the Contract), the responsibility for accidental destruction, damage or loss of the goods passes to you.

When receiving the jellyfish, check that the jellyfish is alive and that it corresponds to the type of jellyfish ordered. If this is not the case, please inform us immediately.

What happens if you do not receive the goods?

If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than agreed, you are obliged to pay the costs associated with such delivery.

In the event that you do not accept the goods without reason, we are entitled to reimbursement of costs associated with the delivery of goods and their storage, as well as other costs that we incur due to non-acceptance of the goods.

In the case of payment in cash when sending goods cash on delivery or collection in person, we also have the right to withdraw from the Contract. However, if you have already paid the purchase price (in the case of payment before delivery of the goods), we also have the right to proceed with the self-help sale of goods according to Section 2126 of the Civil Code.

In the event that the jellyfish dies as a result of non-acceptance, you are obliged to compensate us for the damage caused in this way.

 

WITHDRAWAL FROM PURCHASE CONTRACT

How can you withdraw from the Contract?

As a consumer, you can withdraw from the Purchase Contract without giving a reason within fourteen (14) days from the date of takeover of the goods; if the delivery is divided into several parts, from the date of takeover of the last delivery. We recommend sending a notice of withdrawal from the Purchase Contract to our delivery address together with the goods or to an e-mail and immediately afterwards sending the goods to our delivery address. A sample form can be used to withdraw from the Contract.

What are the consequences of withdrawing from the Contract?

Withdrawal from the Contract terminates the Contract from the beginning and treats it as if it had not been concluded.

If a gift has been provided to you together with the goods with your consent, the gift contract shall cease to be effective upon withdrawal from the Contract by either party. Send the gift back to us together with the returned goods.

How do you return the goods to us?

You are obliged to return the goods to us within fourteen (14) days of withdrawal from the Contract to our delivery address, to any establishment or to the address of our registered office. Do not send the goods cash on delivery; we are not obliged to accept them in this way.

Returned goods shall be undamaged, unworn and uncontaminated and, if possible, in the original packaging. This applies similarly to the jellyfish.

We recommend attaching the following to the returned goods:

a copy of the delivery note and invoice (if issued) or another document proving the purchase of the goods;

written statement on withdrawal from the Contract (on our form or otherwise) and the chosen method of refund. Indicate the delivery address, telephone and e-mail in the statement.

Failure to submit any of the above documents does not prevent the positive settlement of your withdrawal from the Contract according to the legal conditions.

When will you get your money back?

We will return all received funds to you within fourteen (14) days of withdrawal from the Contract. However, please note that we are not required to refund you before you return the goods to us or prove that you have sent us the goods.

In addition to the purchase price, you are also entitled to a refund of the cost of delivering the goods to you. However, if you have chosen a method of delivery other than the cheapest method of delivery that we offer, we will refund the cost of delivery of goods in the amount corresponding to the cheapest method of delivery of goods offered.

We will refund your money in the same way we received it (unless you tell us otherwise within ten (10) days of withdrawing from the Contract and you will not incur any additional costs) or in the way you request it.

The costs associated with sending the returned goods to our address are borne by you, even if the goods cannot be returned by ordinary mail due to their nature.

What if the returned goods were damaged?

When sending, pack the goods in a suitable package so that it is not damaged or destroyed.

If we find that the goods returned by you are damaged, worn, soiled or partially consumed, you are responsible for this reduction in the value of the goods.

When is it not possible to withdraw from the Contract?

In accordance with Section 1837 of the Civil Code, it is not possible to withdraw from the following contracts, among others:

on the provision of services, if they have been fulfilled with your prior express consent before the expiry of the withdrawal period, and you have been informed of this consequence;

on the delivery of goods that have been modified according to your wishes or for your person;

on the delivery of perishable goods and goods which have been irrevocably mixed with other goods after delivery,

on the delivery of goods in a closed package, which you have removed from the package and for hygienic reasons it is not possible to return it.

When can we withdraw from the Purchase Contract?

We reserve the right to withdraw from the Contract in the following cases:

we have not received the purchase price from you at the due date or you have not accepted the goods;

in case of goods that, for objective reasons (mainly because the goods are no longer produced, the supplier has stopped delivering to the Czech Republic, etc.), cannot be delivered under the original conditions;

performance becomes objectively impossible or illegal.

In the event that any of the above occurs, we will inform you immediately of our withdrawal from the Contract.

If you have already paid all or part of the purchase price, we will refund the amount received to you within five (5) days of withdrawal from the Contract, by non-cash transfer to the account you provide for this purpose or from which you made the payment.

 

RIGHTS IN THE EVENT OF DEFECTIVE PERFORMANCE

Your rights 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, if you are a consumer, Sections 2158 to 2174 of the Civil Code). When exercising the rights arising from defective performance, we will proceed in accordance with our Complaints Procedure Code.

 

ADDITIONAL CONSUMER INFORMATION

What authorizations do we have to perform our activities?

We are authorized to sell goods on the basis of a trade license. Our activities are not subject to any other permit.

How do we handle complaints?

We handle any complaints via our contact e-mail. You can also contact the relevant trade licensing office or the Czech Trade Inspection Authority.

What are your rights in a consumer dispute?

If you are a consumer and if a dispute arises between us under the Contract, which we cannot resolve directly, you have the right to contact the Czech Trade Inspection Authority with this dispute (address: Česká obchodní inspekce, Ústřední inspektorát – oddělení ADR, Štěpánská 15, 120 00 Praha 2, web interface: www.coi.cz, www.adr.coi.cz, electronic contact: adr@coi.cz; phone: + 420 296 366 360) or at the Association of Czech Consumers, (Address: Sdružení českých spotřebitelů, z. ú., Tř. Karla IV. 430, 500 02 Hradec Králové, web interface: www.konzument.cz, electronic contact:  spotrebitel@regio.cz, phone: +420 495 215 266) for the purpose of out-of-court settlement of a consumer dispute. You can exercise this right no later than one (1) year from the day you first exercised the right that is the subject of this consumer dispute with us.

You can also use the online platform set up by the European Commission at:  http://ec.europa.eu/consumers/odr/ to lodge a complaint about goods or services you have purchased from us and to find an ADR (Alternative Dispute Resolution) entity.

Are you entitled to an electrical equipment take-back scheme?

In accordance with Act 185/2001 Coll., The Waste Act, as amended, we will inform you about the method of ensuring the take-back of used products, which are by their nature electrical equipment.

Do any special conditions arise from the nature of the goods sold?

By agreeing to these Terms and Conditions, you also acknowledge that you are familiar with the jellyfish care and management information available on the web interface and that you understand the potential health risks associated with jellyfish farming. At the same time, you acknowledge that we are not responsible for any damage to health caused by improper breeding and handling of the jellyfish.

 

WEB INTERFACE REGISTRATION

How can you register on the Web Interface?

By registering via the registration form on the Web Interface, a user account is created. Keep access data to the user account secret. We are not responsible for any misuse of the user account by a third party.

The information provided at the time of registration must be true and complete. We may cancel an account that has been used to create false or incomplete information without compensation. In case of changes in your data, we recommend that you make an immediate adjustment to your user account.

What is the user account for?

Through a user account, you can primarily order goods, track orders, and manage the user account. Any additional features of the user account are always listed on the Web Interface.

When can we cancel your user account?

Please note that we have the right to cancel your user account without compensation if your account violates good manners, applicable laws or these Terms and Conditions.

COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE

Is the content of the website protected by copyright?

The content of websites located on the Web Interface (texts including business terms, photos, images, logos, software and others) is protected by our copyright or the rights of others. You may not modify, copy, reproduce, distribute or use the content for any purpose without our consent or consent of the copyright holder. In particular, the free or paid access to photographs and texts placed on the Web Interface is prohibited.

The names and designations of products, goods, services, companies and companies may be registered trademarks of their respective owners.

Responsibility and Use of the Web Interface

We are not responsible for errors arising out of third party interventions in the web interface or as a result of its use in violation of its purpose. When using the Web Interface, you may not use procedures that could interfere with the operation of the system or unduly burden the system.

If you engage in any illegal or unethical act while using the Web Interface, we may restrict, suspend or terminate your access to the Web Interface without any compensation. In this case, you are further obliged to pay us the damage that has been proven by your conduct under this paragraph in full.

Please note that clicking on some links on the Web Interface may result in leaving the Web Interface and redirecting to third-party websites.

 

 

These Terms and Conditions are valid and effective from 17th of June 2020

 

Terms of Use of Website Interface

You are on the web interface www.design-meduzy.cz (hereinafter also referred to as Web Interface) operated by our company

avive s.r.o., with its registered office at Lesní 318/7, Doubí, 360 07 Karlovy Vary

IČO (Commercial ID No.): 02694735,

DIČ (Tax ID No.): CZ02694735

Incorporated and registered in the Commercial Register maintained by the District Court in Pilsen, Section C, Insert 29450

Delivery address: avive s.r.o., Lesní 318/7, Doubí, 360 07 Karlovy Vary,

Phone number: +420 777 820 495

Contact email: info@petjellyfish.co.uk