The conditions
Paragraph I – introductory provisions
- These general conditions regulate all the rights and duties of the seller and the buyer (hereinafter only “participants”) who conclude a purchase agreement. The participants conclude the agreement through the mouse-farm.eu server.
- The seller carries business on the grounds of trade license, which was released by Municipal Court in Prague under File No C 119634, name of the company: : Red Flame s.r.o., based in Prague, Mezibranská 1579/4, 11000, identification number: 27623491. Business activity of seller is liable to inspection of “Czech commercial inspection” for protection of the seller and is also liable to inspection of “Office for protection of personal dates” for protection of personal dates.
- The rights and the duties of the participants are governed by legal regulations of purchase agreement pursuant to Section 588 and consecutive and to Section 612 and consecutive of Act No 40/1964, Civil Code, subsequently amended, hereinafter only “Civil Code”.
- If the buyer is the user and not the businessman who makes the agreement in terms of his business activity, the rights and the duties of the buyer and the seller are also governed by Section 52 and consecutive of Civil Code.
- If the buyer is the businessman who makes the agreement clearly in terms of his business activity, the rights and the duties of the participants are governed by Section 409 and consecutive of Act No 513/1991, Commercial Code, subsequently amended, hereinafter only “Commercial Code”. In such a case the rights and the duties of the participants are governed only by these general conditions which are not in conflict with legal regulations of purchase agreement in accordance with Commercial Code.
- Purchase distance agreements are concluded without the physical presence of the participants purchasing agreement through the electrical instruments, which means the buyer chooses the goods from the offer published at the server www.mouse-farm.eu (hereinafter only “server”), sends his order and then the seller confirms receipt of this order.
- When the purchase agreement is concluded, the seller is obliged to obtain and supply the ordered goods, while the buyer is obliged to accept the goods and pay for it under the conditions laid down by these general conditions. Purchase price is published at the server.
- All the goods offered by the seller are marked by the name, basic technical parameters, characteristics and its price for one piece of the goods (including VAT). The seller also states if the goods are in his storage or not.
- If the goods are marked by commercial discount, the buyer pays the deducted price for it. Discounted goods in this way are not defected or outworn and are not liable to regulation about liability for defects according to paragraph IV in these general conditions.
- The seller sends the ordered goods to the buyer via the way which the buyer chose during his order (all the possible ways are published). Postage charge is added to purchase price. The amount of postage and shipping is always individual.
- Connecting to the server, checking the offered goods, new customer registration, ordering of the goods and all the other similar acts made at a distance are free of charge.
- Offer of the goods at the server and its price (including contingent commercial discount) is valid for all the time it is published.
Paragraph II – Concluding purchase agreement and supply of the goods
A. ordering of the goods
- The buyer, who is interested in buying the goods published at the server, fills up the electronic form and sends the order to the seller via the electrical way.
- The order is a proposal of the purchase agreement, subject of this agreement are the goods that were ordered. There is always valid that offer of the goods and its price that was published at the moment the buyer sent his order. Purchase price means that price that is marked as “Price including VAT”. This price still can be deducted by the contingent commercial discount (only if the discount is provided at the moment of sending order)
- If the buyer sends his order, he confirms that he has read these general conditions and he agrees with them. The buyer is liable to these general conditions from the moment he sends his order.
- When the seller receives buyer’s order, he answers to buyer by sending electronic confirmation about receiving the order. The purchase agreement is concluded at that moment, when the buyer receives this confirmation from the seller.
- When the purchase agreement is concluded, the seller is obliged to obtain and supply ordered goods in adequate time. This time also depends on size of the goods in storage (more about it in Paragraph II, section B, second paragraph of these general conditions)
- The buyer can cancel the finished order if he wants, the only thing he has to do is to send an email with his request to the email address of the seller published at the appropriate server. Canceling of the order is valid only if the seller receives the cancellation sooner than he sends the ordered goods to the buyer. If the cancellation is accepted, the purchase agreement becomes extinguished and the participants are obliged to restore rendered performance.
- If the seller does not supply the ordered goods in three months from the date the purchase agreement was concluded, the validity of the order and the purchase agreement becomes extinguished and the participants are obliged to restore rendered performance.
B. supply of the goods, property rights and danger of damaging of the goods
- The seller is obliged to supply the goods at the address that the buyer filled up in his ordering electronic form.
- The seller supplies the goods to the buyer in adequate time.
- The buyer is obliged to accept the ordered goods.
- If the buyer decides not to accept the goods because of his personal reasons or without any reason, obligation of the seller to supply the ordered goods becomes extinguished. In such a case the buyer is obliged to pay for all the costs that the seller had to pay for transferring of the goods. If the obligation of the seller to supply the ordered goods becomes extinguished, the purchase agreement becomes extinguished as well and the participants are obliged to restore rendered performance.
- The buyer is obliged to pay the purchase price and contingent postage charge to the seller a) by bank transfer in advance to the credit of seller’s bank account (number of account and the respective variable symbol is specified on pro forma invoice) b) by paying personally during taking the goods over.
- When the buyer takes the goods over, he acquires property right to the goods and is also liable for the contingent defects and damages on the goods from this moment.
- In addition to the goods the seller always supplies the invoice that also performs as the delivery note.
- The buyer is obligated to check up the supplied goods including the invoice and all the contingent problems or damages announce by letter to the seller as soon as possible. That is important especially in such a case the supplied goods are in conflict with the goods on invoice written or the invoice is not filled up properly. In his announcement the buyer is obliged to exactly specify the problems or damages.
Paragraph III – The rights and the duties of participants
- If the buyer receives the goods by post, he has a right to rescind the purchase agreement without any reason in fourteen days from the moment he took the goods over. If this time-limit expires, the right of the seller to rescind the purchase agreement without the reason becomes extinguished.
- If the buyer decides to rescind the purchase agreement, he is obliged to announce it by letter and send it at the address that is specified in Paragraph I, second paragraph of these general conditions. The buyer has also the possibility to bring this written announcement personally or per bearer at the same address. If the buyer rescinds the purchase agreement, he is also obliged to return received goods along with the written announcement.
- Rescission of the purchase agreement is valid from the moment the buyer returns received goods to the seller.
- In his written announcement about rescission of the purchase agreement, the buyer is obliged to specify purchase order number and specify the received goods by the name and number of pieces.
- The buyer who rescinded from the purchase agreement is obligate to return received goods in the original case, undamaged and unused. He is also obligate to return the goods along with all the accessories and documents (excluding only the invoice). For the damages is also considered unreasonable removing the seals and labels, signs and logos of the manufacturer placed on goods by the manufacturer.
- If the buyer rescinded from the purchase agreement validly, the seller is obligate to return him the purchase price deducted by (I) all the costs connected with the returning the goods and its preparations for the new sale, (II) deducted by the difference between the original price for the goods and price that the seller can use for new sale of the goods (if is not possible to sell the goods as the new goods).
- When the seller receives the returned goods, he makes the credit note as soon as possible and sends it to the buyer. The buyer has to sign this credit note and send it back to the seller. When the seller receives the credit note, he returns the appropriate amount of money to the buyer by bank transfer to the credit of buyer’s bank account or through the postal money-order at the address the buyer specified in his order in fourteen days.
- If the purchase agreement becomes extinguished for reasons specified in these general conditions (Paragraph II, section A, sixth and seventh paragraph and also Paragraph II, section B, fourth paragraph) and the buyer paid for the goods in advance by bank transfer, the seller is obliged to return purchase price by bank transfer in two working days.
Paragraph IV – Liability of the seller for defects in the goods, complaint of the defected goods
A. liability for conformity of the goods with the purchase agreement
- The seller is liable for conformity of the supplied goods with the purchase agreement. It means especially that the goods are without any defects. The goods are in conformity with the purchase agreement if a) have the quality and usable characters that the seller or manufacturer describes or have the quality and usable characters that can be on the grounds of an advertisement expected or have the quality and usable characters that are for this type of goods usual, b) comply with legislation, c) are supplied in adequate quantity, d) have the corresponding size or weight, e) correspond to the purpose for which the seller the goods provides or correspond to the purpose which are usually the goods use for.
- If the buyer takes the goods over and the goods are not in conformity with the purchase agreement (Paragraph IV, section A, first paragraph in these general conditions), the buyer has a right to request the correction. In such a case the buyer has the right for a) exchange or repairing of the goods, if the reparation is not possible, the buyer has right b) for adequate deduction of the purchase price or c) to rescind the purchase agreement.
- For inconformity of the goods with the purchase agreement is considered also that inconformity that is discovered in six months from the time the buyer took the goods over. However that is valid only if the inconformity is not inconsistent with the nature of the goods or unless it will be disproved.
B. liability for defect guarantee
- The seller is liable for all the damages and defects that are not in conformity with the purchase agreement from the time the buyer takes the goods over to the end of the guaranty time.
- If the goods are sold for the deducted price, the guarantee does not apply to the defects which was the price deducted for.
- Guaranty time for the goods is 24 months long if the seller does not establish the longer guaranty time.
- Guaranty time begins from the date the buyer takes the goods over. If the supplied goods are put into the operation by another businessman than the buyer, the guaranty time begins from the date that businessman put the goods into the operation. That is valid only if the businessman put the goods to the operation in three weeks from the date the buyer took the goods over.
- If the goods are in reparation due to the complaint, the guaranty time is provisionally stopped. If the goods are completely exchanging, the guaranty time does not stop but it begins again from the start when the new goods are supplied.
- Guarantee does not apply to a) the goods that are damaged due to its normal use, b) the damages caused by unprofessional manipulation with the goods which is in conflict with the instructions released by the manufacturer.
- The invoice that is sent along with the goods performs also as the guarantee certificate.
- If the claimed defect is removable, the buyer has the right for a) free, timely and regular reparation, b) exchange of the goods or its part and if the reparation or exchange is not possible, he has the right for c) adequate price deduction.
- If the claimed defect is not removable and it is not possible to use the goods properly because of this defect, the buyer has the right a) for exchange of the goods or b) to rescind the purchase agreement.
C. complaint of the defected goods
- If the buyer finds out the reclaimable defect, he is obliged to announce it to the seller.
- The buyer has the right to announce the defect in the goods by letter by sending the announcement at the address in these general conditions specified (Paragraph I, second paragraph)
- If the guarantee applies to the found defect in the goods, the buyer can claim the goods only during the guaranty time (Paragraph IV, section B, third and fourth paragraph)
- If the buyer claims the goods, he is obliged to submit the claimed goods and make its inspection possible. The buyer is also obliged to submit the goods in original case, in full state and along with all the accessories and documents (including the invoice).
- In his written announcement about the defects in the goods, the buyer is obliged to specify the purchase order number, the name of the goods and exactly specify the found defects in the goods. The buyer is also obliged to specify what he exactly requests.
- The seller is obliged to execute the complaint as soon as possible, at latest in one month from the date he received the written complaint or from the date the buyer returned the goods to him (Paragraph IV, section C, fourth and fifth paragraph in these general conditions)
- If the complaint is valid, the seller is obliged to repair or exchange the goods in one month from the date he conceded the complaint and then supply it to the seller. He can send it by post (postage charge is paid by the buyer) or the buyer can take the goods over personally.
- If the complaint is not valid, the seller announces this information to the buyer in one month from the date he received the complaint. The seller also informs the buyer about how much contingent exchange or reparation of the goods would cost.
- If the complaint is not valid, the buyer is obliged to announce whether he requests exchange or reparation of the goods to the seller as soon as possible. If he does not request that, he is obliged to take the goods over personally or announce the postal address where the goods should be sent to as soon as possible. All the costs connected with return of the goods are paid by the buyer.
Paragraph V – protection of the personal dates
- The seller uses the buyer's personal dates only for the purposes of the purchase agreement.
- If the seller wanted to use the buyer's personal dates for any other purpose, the buyer would have to agree with that. By registering at the server, the buyer agrees with the manipulation with his personal dates. In such a case the seller has the right to use the buyer's personal dates for sending of the promotional offer or any others commercial messages. However, the buyer has the right to refuse sending these messages.
- The seller has not the right to share buyer's personal dates with any other third party.
Paragraph VI – final provisions
- All the rights and the duties of the buyer and the seller are governed by these general conditions.
- All the others rights and duties of the participants that are not specified in these general conditions are governed by the legal regulations, especially by Civil Code.