General Terms and Conditions
1. Scope
1.1 These General Terms and Conditions of Business (hereinafter referred to as "GTC") are binding for all business relations between EXOT HOBBY s.r.o., Černá v Pošumaví 180, 382 23 on the one hand (hereinafter referred to as "EXOT HOBBY" or "Company") and its Customers on the other hand (hereinafter referred to as "Customer" or "Consumer") through the online store www.exothobby.eu.
1.2 These GTC apply only to cases where the person who intends to purchase the Goods from the Seller is a consumer; that is, he/she is not acting in the course of his/her business or profession when ordering the Goods ("Customer").
2. Pre-contractual communication, ordering the Goods, conclusion of the contract, quantity limitations
2.1 Pre-contractual communication
- 2.1.1. EXOT HOBBY does not charge any fees for the use of long distance communication systems, however, the Customer may incur the usual costs associated with the use of these services towards third parties (e.g. mobile operator, internet provider).
- 2.1.2.With the exception of the cash on delivery payment method (paragraph 9.4), EXOT HOBBY requires payment of the Sale Price (deposit in full), i.e. the amount corresponding to the Purchase Price (paragraph 9.3), before the Goods are dispatched to the Customer.
- 2.1.3.EXOT HOBBY does not conclude contracts for repeated performance or contracts for an indefinite period of time.
- 2.1.4 The prices of the Goods and Services on the website operated by EXOT HOBBY are inclusive of VAT and all charges provided for by law. The total cost of delivery of the Goods or services may vary according to the chosen method and provider of transport, as well as the method of payment and the value of the Goods ordered.
- 2.1.5 The Purchase Contract will be stored at EXOT HOBBY and the User will not have access to it; the summary of the Order is part of the automatic confirmation sent to the Customer by e-mail.
2.2 Ordering Goods
- 2.2.1 EXOT HOBBY offers its Customers a wide range of aquarium feed and products. By clicking on a product or its description, the Customer will be shown detailed information about the product, e.g. details concerning the equipment, size, weight or composition of the product. By entering the desired quantity and clicking on the shopping cart symbol, the product is placed in the virtual shopping cart.
- 2.2.2. By clicking on the shopping cart symbol in the upper right corner of the online store, the Customer will be presented with an overview of the products placed in the virtual shopping cart. The Customer can thus check which products are inserted and make changes if necessary.
- 2.2.3. If the Customer has completed their purchase, they continue with the "Order" button. Registered Customers can log in with their username and password at this step so that their saved data is automatically retrieved. A new Customer can register by clicking "Register" to create a customer account; or continue to purchase without registering.
- 2.2.4 Clicking on the "Select Shipping and Payment" button will take the Customer to the penultimate step of the order. Here the Customer selects the delivery method of his/her shipment and the payment method from the menu. The Customer can fill in a note and completes the purchase by clicking on the "Confirm Order" button.
- 2.2.5. The order is completed and becomes binding by clicking on the "Confirm Order" button.
2.3 Conclusion of the contract
- 2.3.1 The product images in the online shop are illustrative and represent non-binding offers for sale. The Customer concludes a binding offer to conclude a purchase contract by completing the Order by clicking on the "Confirm Order" button. The Customer will then receive an automatic confirmation of the Order by e-mail (Order Confirmation). This Order confirmation does not constitute acceptance of the offer. The contract with EXOT HOBBY is only concluded when EXOT HOBBY sends the ordered product to the Customer and confirms the dispatch to the Customer by email (dispatch confirmation).
2.4 Quantitative restrictions
- 2.4.1. The sale of the Goods offered is only possible in quantities customary for domestic consumption and only to persons fully capable of legal acts.
3. Postage and packing
3.1 Packages sent by us have a maximum total weight of 31.5 kg. If the order is in two or more packages, the shipping costs are multiplied accordingly. The packaging material is largely recycled, and the parcels are packed in such a way as to avoid as far as possible damage or deterioration of the contents in transit.
For information on international delivery conditions, please visit this page.
4. Delivery of Goods
4.1 Unless otherwise stated in the offer, the delivery time is 2 - 5 days. Information on delivery conditions is given here. The maximum delivery period is no later than 30 days from the conclusion of the purchase contract.
4.2 In the event that not all the ordered products are in stock, EXOT HOBBY is entitled to send a partial shipment at its own expense if the Customer agrees to this.
4.3 In the event that EXOT HOBBY is unable to deliver the ordered product to the Customer through no fault of its own due to a supplier's error, EXOT HOBBY reserves the right to withdraw from the contract. In such a case, EXOT HOBBY shall inform the Customer and offer another, comparable product. If a comparable product is not available or if the Customer does not express interest in such a product, EXOT HOBBY shall provide the Customer with an appropriate counter-offer without delay.
4.4 In the event of damage to the Goods during transit, the Customer shall immediately contact Customer Service. Upon notification by the Customer, EXOT HOBBY may claim damages against the carrier or transport insurer. If the Customer fails to report damage to the Goods during transport, this shall affect the Customer's statutory warranty rights.
5. Reservation of ownership
5.1 The Goods shall remain the property of EXOT HOBBY until the Order is paid in full. Prior to the transfer of ownership, the Goods may not be pawned, transferred to another person, processed or altered without EXOT HOBBY's consent.
6. Instructions on the right to withdraw from the purchase contract
6.1 Customers are entitled to withdraw from the contract within 14 days. The following provisions concern the right of withdrawal and the exclusion of the right of withdrawal. If the Customer has further questions regarding withdrawal from the Purchase Contract, the Customer may contact Customer Service.
Instructions on the right to withdraw from the purchase contract
6.2 The customer has the right to withdraw from the contract without giving any reason within 14 days. The withdrawal period expires fourteen days from the date on which the Customer or a third party designated by the Customer (other than the carrier) receives the last Goods. However, the Consumer shall be liable for any diminution in the value of the Goods as a result of their use beyond normal testing.
6.3 In order to exercise the right to withdraw from the Purchase Contract, the Customer must inform EXOT HOBBY s.r.o., Černá v Pošumaví 180 382 23 Černá v Pošumaví, telephone: +420 608 774 281, exothobby@exothobby.cz by means of an unambiguous statement (e.g. by letter sent by post or e-mail) of his/her decision to withdraw from the Contract.
6.4 You may also use the attached Withdrawal Form, which is not mandatory.
6.5 In order to comply with the withdrawal period, it is sufficient if you send the notice of withdrawal before the expiry of the 14-day period.
Consequences of withdrawal from the contract
6.6 In the event of an effective withdrawal from the Purchase Contract, EXOT HOBBY shall refund to the Customer all payments received from the Customer for the Order, including shipping costs (except for additional costs incurred as a result of the Customer's chosen method of transport which is different from the standard method of transport offered by the Company). Payments will be refunded without delay, but no later than fourteen days from the date on which the Company receives the Customer's declaration of withdrawal or return of the Goods pursuant to Act No. 89/2012 Coll.
6.7 The Company will use the same means of payment (excluding cash on delivery) used by the Customer in the initial transaction to refund the payment, unless otherwise agreed with the Customer; in any event, the Customer will not be charged any fees in connection with the refund.
In the case of payment on delivery, the Customer agrees by accepting these terms and conditions that the amount will be refunded by bank transfer to the Customer's own bank account. Refunds may be refused by the Company until it has received the returned Goods or proof that the Customer has returned the Goods, whichever is sooner.
6.8 The Customer must send the Goods back to EXOT HOBBY immediately, but no later than fourteen days from the date on which the Customer sent the Company the notice of withdrawal to:
EXOT HOBBY s.r.o.
Černá v Pošumaví 180
382 23 Černá v Pošumaví
6.9 The time limit is preserved if the Goods are dispatched before the expiry of the fortnight.
6.10 All costs associated with the return of the Goods to the Customer shall be paid by EXOT HOBBY.
6.11 In the event of withdrawal from the contract, the refunded purchase price may be reduced by the reduction in the value of the Goods due to the handling of the Goods in a manner other than that necessary to become familiar with the nature, characteristics and functionality of the Goods.
End of the notice on the right to withdraw from the purchase contract
Exclusion of the right of withdrawal
6.12. The right of withdrawal does not apply in the case of delivery of the Goods:
- 6.12.1. which has not been factory produced and for the production of which the individual choice or decision of the Consumer is decisive, or has been adapted to the personal needs of the Consumer,
- 6.12.2. which is perishable or whose expiry date may be quickly exceeded,
- 6.12.3. in sealed packaging that is not suitable for return for health and hygiene reasons and if the packaging has been damaged after delivery,
- 6.12.4. which has been inextricably mixed with other Goods after delivery.
Withdrawal form
A sample withdrawal form is available for download here.
7. Complaints and out-of-court settlement of consumer disputes
7.1 The out-of-court settlement of consumer complaints is handled by EXOT HOBBY via the contact form. EXOT HOBBY shall send information about the settlement of the Customer's complaint to the Customer's e-mail address.
7.2 If the dispute cannot be resolved directly on the basis of Act No. 378/2015 Coll., amending Act No. 634/1992, on Consumer Protection, as amended, the Customer has the right to out-of-court resolution of the consumer dispute.
7.3.The authorized entity (ADR) for the resolution of out-of-court consumer disputes between the trader and the consumer is the Czech Trade Inspection Authority or another entity authorized by the Ministry of Trade and Industry, see here www.mpo.cz/.
7.4 In the case of the Czech Trade Inspection Authority, the consumer has the possibility to submit a proposal via an online form available on its website https://adr.coi.cz/en.
7.5 The consumer may submit a claim to the Czech Trade Inspection Authority or another authorized body within 1 year from the date on which he/she first exercised his/her right, which is the subject of the dispute, with EXOT HOBBY.
7.6 Consumers can also submit a claim through the EU's out-of-court consumer dispute resolution platform, which is available online at: https://webgate.ec.europa.eu/. Only a consumer living in the EU can file a claim against a business established in the EU.
EXOT HOBBY has no obligation or interest to participate in out-of-court consumer dispute resolution through this 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 the Out-of-Court Settlement of Consumer Disputes have been violated during the proceedings, they may file a complaint to the address of the Ministry of Industry and Trade or to the e-mail address adr@mpo.cz.
7.8 In the case of cross-border disputes, the European Consumer Centre of the Czech Republic assists consumers in accessing out-of-court consumer dispute resolution bodies.
7.9 The costs associated with the out-of-court settlement of a consumer dispute shall be borne by the parties themselves.
8. Rights arising from defective performance and their exercise
8.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by Czech law and its relevant generally binding regulations.
8.2 EXOT HOBBY warrants to the Customer that the Goods are free from defects on receipt. A defect shall also be deemed to be a defect in the performance of another item as well as defects in the documents required for the use of the item. EXOT HOBBY shall be liable to the Customer in particular for the fact that at the time of acceptance of the Goods by the Customer:
- 8.2.1. the Goods exhibit the characteristics agreed between the parties and, in the absence of such agreement, the Goods have the characteristics described by EXOT HOBBY or the manufacturer on the basis of the advertising carried out,
- 8.2.2. the Goods are suitable for the purpose for which EXOT HOBBY specifies for their use or for which Goods of this type are usually used,
- 8.2.3. The goods correspond in quality and workmanship to the agreed sample or pattern, if the quality and workmanship was determined according to the agreed sample or pattern,
- 8.2.4. The goods were delivered in the appropriate quantity, dimension, weight, color and size
- 8.2.5 The goods comply with the requirements of the legislation.
8.3 The provisions referred to in paragraph 8.2 of these Terms and Conditions shall not apply to Goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the Goods caused by normal use, to used Goods due to a defect corresponding to the level of wear and tear or wear and tear that the Goods showed when taken over by the Customer, or if this results from the nature of the Goods.
8.4 If a defect becomes apparent within twelve months of receipt of the Goods, the Goods shall be deemed to have been defective on receipt. The Customer shall be entitled to exercise the right of defective performance in respect of consumer Goods within 12 months of receipt of the Goods. Gifts provided by EXOT HOBBY with the purchase are not covered by warranty or the Seller's liability for defects.
8.5 If the Customer does not notify the defect of the Goods in time, the Customer shall lose the right to withdraw from the contract.
8.6 If the Customer fails to notify the defect in the Goods without delay after it could have been discovered by a timely and careful inspection of the Goods, the Customer shall not be entitled to the right of defective performance. If the defect is a latent defect, the same shall apply if the defect was not notified without undue delay after the Customer could have discovered it with reasonable diligence, but at the latest within one year of delivery.
8.7 In the event that the packaging of the Goods or the advertisement states a longer shelf life than that stated for the occurrence of a defect in paragraph 8.4, second sentence, then for the purposes of paragraph 8.4, second sentence, this longer period shall be used. In the case of consumer Goods or perishable Goods, the minimum shelf life for which the item may be used shall be indicated.
Material breach of contract
8.8 If the defective performance is a material breach of contract, the Customer shall be entitled to:
- 8.8.1. to eliminate the defect by delivery of a new item without defects or by supplying the missing item, unless this is not disproportionate due to the nature of the defect; however, if only a part of the thing is defective, the Customer can request replacement of only this part, if this is not possible, they have the right to withdraw from the contract. If it is disproportionate to the nature of the item, in particular if the defect can be removed without undue delay, the Customer shall have the right to have the defect remedied free of charge
- 8.8.2. to remove the defect by repairing the item,
- 8.8.3. a reasonable discount on the purchase price, or
- 8.8.4. to withdraw from the contract.
8.9. A material breach of the contract shall be deemed to have occurred if the defective performance is of such a nature that EXOT HOBBY knew or could have known at the time of entering into the contract that the Customer would not have entered into the contract if they had foreseen this breach.
8.10. The Customer shall inform EXOT HOBBY of the right they have opted for when notifying the defect or without undue delay. The Customer may not change the choice made without the consent of EXOT HOBBY; this shall not apply if the Customer has requested the repair of a defect that is irremediable.
8.11. If EXOT HOBBY does not remove the defect within the mandatory period or informs the Customer that it will not remove the defect, the Customer may demand a reasonable discount from the Purchase Price or withdraw from the contract instead of removing the defect.
8.12. If the Customer fails to make a timely decision, the Customer shall have the same rights as in the case of a non-substantial breach of contract - see paragraph 8.14.
8.13. The Customer has the right to have a new item delivered or a part replaced in the event of a removable defect, if the item cannot be used properly due to the recurrence of defects after repair or due to a large number of defects. In this case, the Customer has the right to withdraw from the contract.
Non-substantial breach of contract
8.14. If the defective performance is an insubstantial breach of the Contract, the Customer shall be entitled to have the defect remedied or a reasonable discount on the Purchase Price.
8.15. An insignificant breach of the Contract shall be deemed to have occurred if the conditions set out in paragraph 8.9 are not met.
8.16. Unless the Customer exercises their right to a discount on the Purchase Price or withdraws from the Contract, EXOT HOBBY may supply missing parts or remedy legal defects. EXOT HOBBY may, at its option, remedy other defects by repairing the item or supplying a new item, but this option must not cause the Customer to incur disproportionate costs.
8.17. If EXOT HOBBY does not remove the defect in time or refuses to remove the defect, the Customer may demand a discount on the Purchase Price or withdraw from the Contract. The Customer cannot change the choice made without EXOT HOBBY's consent.
Exercise of rights arising from defective performance
8.18. The Customer claims the rights from defective performance from EXOT HOBBY at:
EXOT HOBBY s.r.o.
Černá v Pošumaví 180
382 23 Černá v Pošumaví
exothobby@exothobby.cz
8.19. The moment of the claim is the day when EXOT HOBBY received the claimed Goods from the Customer (the day of receipt of the Goods).
8.20. The admissibility of the complaint shall be decided without undue delay by a person authorised by EXOT HOBBY, in complex cases within 5 working days. This time limit does not include the reasonable period of time required for a professional assessment of the defect according to the type of product or service. Complaints, including the removal of the defect, will be settled without undue delay, but no later than 30 days from the date of the complaint, unless the Company and the Customer agree on a longer period.
8.21. EXOT HOBBY will confirm the exercise of the rights under paragraph 8 of these Terms and Conditions to the Customer in writing. At the same time, it shall state when the right was exercised as well as the time of the claim settlement.
8.22. When a new item is delivered, the Customer shall return the original item (including any accessories supplied) at EXOT HOBBY's expense.
8.23. In the event of a justified exercise of rights arising from defective performance, EXOT HOBBY shall reimburse the Customer for the reasonable costs associated with the transportation of the Goods for the purpose of the claim, which were incurred to the necessary and reasonable extent, as well as the cost of postage. The costs of removing the defect or the costs of legal proceedings involving a claim for a right of defective performance shall not be deemed to be reasonably incurred costs.
8.24. The customer cannot withdraw from the contract or demand delivery of a new item if the item cannot be returned in the condition in which it was received. This does not apply,
- 8.24.1. if there has been a change in condition as a result of an inspection to determine a defect in the item,
- 8.24.2. if the Customer used the item before the defect occurred,
- 8.24.3. if the Customer has not prevented the return of the item in its unaltered condition by his/her acts or omissions, or
- 8.24.4. if the Customer sold the item before the defect occurred, if they used it or if they altered the item during normal use; if this happened only in part, the Customer shall return to EXOT HOBBY what can be returned and shall pay EXOT HOBBY compensation up to the amount in which they benefited from the use of the item.
8.25. At the Customer's request, EXOT HOBBY shall confirm in writing the extent and duration of its obligations in the event of defective performance. In this confirmation, EXOT HOBBY shall explain the content, scope, conditions and duration of its liability, as well as the manner in which the rights arising therefrom may be exercised.
9. Payment methods and vouchers
9.1 Payment methods
Payment for the Goods can be made by cash on delivery, online via a credit card, bank transfer or via PayPal, GoPay, Google Pay, Apple Pay and other online methods according to the current offer. EXOT HOBBY reserves the right to accept only certain types of payment in individual cases or depending on the delivery method selected by the Customer. Payment by sending cash or cheques is not possible
9.1.1 Bank transfer
If the Customer wishes to pay by bank transfer, the required amount must be paid within 7 days after receipt of the Invoice or Order Confirmation to the bank account indicated below (all necessary details will be sent to the Customer in the invoice by e-mail, unless otherwise agreed).
Bank connection:
Oberbank Český Krumlov
Account nr. EUR: 731-0686.56
IBAN: AT64 1500 0007 3106 8656
9.1.2 Online payment by credit card
When paying online by credit card, the Customer pays the order using the normal online card payment procedure immediately after the Order is completed (automatic redirection to the payment gateway).
9.1.3. Payment by cash on delivery
The Customer shall pay for the ordered Goods only upon personal collection or to the delivery agent upon receipt of the shipment. The shipping company is entitled to demand a delivery fee - the Customer is informed of the amount when selecting the transport for delivery of the Goods from their Order
9.1.4 Other online payment methods
Current online payment options are displayed to the Customer in the second step of the Order. The redirection to the payment gateway is automatic after the Order Confirmation, or the Customer is redirected to the payment gateway after clicking on the "Pay Order" button.
9.2. Coupons
When redeeming discount coupons, please pay attention to specific conditions such as minimum order, coupon validity, etc. Detailed information can be found on the coupon. In any case, only one coupon or one customer discount can be redeemed per purchase. Cash redemption of the coupon value, as well as its additional credit to previous orders, is not possible. Resale of the coupon to another person is also not permitted.
9.3 Invoices
The Customer agrees to receive the invoice in printed paper form enclosed in the shipment, unless otherwise agreed.
10. Privacy Policy
10.1 EXOT HOBBY takes the protection of its Customers' personal data very seriously. EXOT HOBBY's privacy statement can be found here.
11. Internet shop operator
EXOT HOBBY s.r.o.
Černá v Pošumaví 180
382 23 Černá v Pošumaví
PIN: 26061414
VAT: CZ26061414
EXOT HOBBY s.r.o. is registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, Insert 11552 since 5 May 2003.
Pursuant to Section 8 of Act No. 235/2004 Coll., the sale of goods by mail order is a sale where a supplier from one Member State sells goods to a person in another Member State and that person, the Buyer, is not registered for tax. In this case, the VAT of the Member State to which the consignment is destined will be applied according to the nature of the product.
If tax write-off is not possible, VAT is governed by the One Stop Shop regime - more here. The difference in VAT rates between the Czech Republic and the Customer's member state goes to EXOT HOBBY s.r.o.
12. Final provisions
12.1 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by the provision whose meaning most closely approximates the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.2 Legal relations based on these General Terms and Conditions are governed by Czech law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods. If, however, the Customer would be deprived of the protection afforded by the provisions of Czech law, which cannot be derogated from contractually, and which would otherwise apply in the absence of a choice of law under the relevant conflict of laws rules, then the law that would apply in the absence of a choice of law shall apply in such cases.
12.3 For contractual purposes, the Customer agrees that all consents, notices, disclosures and other communications and representations may be sent to it electronically (e.g. to its e-mail address), thereby maintaining the written form.