Terms and Conditions
General Terms and Conditions (GTC)
The following General Terms and Conditions (GTC) govern the sale of products by TC PROFI s.r.o., Dvořákova 423, 40777 Šluknov, Phone: +420 603 656 788, Email: info@ezchickenhome.com (hereinafter referred to as the "Provider") through the online shop at www.ezchickenhome.com.
§ 1 Scope of Application
- These GTC apply to all contracts concluded between the Provider and private customers (as defined by § 13 BGB) via the online shop at www.ezchickenhome.com. Orders from businesses, tradespeople, freelancers, or commercial resellers are excluded. If you are a business interested in cooperation, please contact us via the email address provided above.
- Any conflicting terms and conditions from the customer will not apply unless the Provider expressly agrees to them in writing.
- The range of offered products includes chicken coops, chicken runs, and accessories.
§ 2 Contract Conclusion
- The contract is concluded with TC PROFI s.r.o., Dvořákova 423, 40777 Šluknov.
- The contractual language is German.
- Offers are directed exclusively at customers with a delivery address within the European Union and are intended solely for private customers.
- Customers must be at least 18 years old.
- The product presentation in the online shop does not constitute a legally binding offer but an invitation to place an order. The customer submits a binding offer by completing the ordering process and clicking the “Order with obligation to pay” button. Order receipt is confirmed via an automatic email, which does not yet constitute acceptance of the offer. The purchase agreement is concluded only through an explicit acceptance confirmation by email or by dispatching the goods.
- Orders exceeding typical household quantities require the explicit approval of the Provider. This applies both to the number of products ordered in one transaction and to multiple orders of the same product.
- Order data is stored after contract conclusion and can be accessed in the customer login area.
- Customers agree to receive invoices electronically. Electronic invoices are sent via email or provided in the customer account.
§ 3 Right of Withdrawal
-
Right of Withdrawal for Private Customers
- Customers have the right to withdraw from the contract within 14 days without giving any reason.
- The withdrawal period is 14 days from the day the customer or a third party, other than the carrier, takes possession of the last item.
To exercise the right of withdrawal, the customer must inform the Provider (TC PROFI s.r.o., Dvořákova 423, 40777 Šluknov) through a clear statement (e.g., a letter sent by post or email) about their decision to withdraw from the contract. Customers may use the attached sample withdrawal form, though it is not mandatory.
- To meet the withdrawal deadline, it is sufficient to send the communication regarding the exercise of the withdrawal right before the withdrawal period expires.
-
Consequences of Withdrawal
- If the customer withdraws from the contract, the Provider must refund all payments received from the customer, including delivery costs (except for additional costs arising from the customer choosing a different type of delivery than the least expensive standard delivery offered by the Provider), without undue delay and no later than 14 days from the day the Provider is informed of the withdrawal.
- The refund will be made using the same payment method as the initial transaction unless expressly agreed otherwise; in no case will the customer incur fees for the refund.
- The Provider may withhold the refund until receiving the returned goods.
- The customer must return or hand over the goods to the Provider without undue delay and no later than 14 days from the day they communicate the withdrawal.
- The customer bears the direct cost of returning the goods.
-
Exclusion of the Right of Withdrawal
- The right of withdrawal does not apply to contracts for:
- Custom-made products or items tailored to personal preferences.
- Perishable goods or items with a short expiry date.
- Sealed goods not suitable for return for health or hygiene reasons if their seal is removed after delivery.
- Goods that are inseparably mixed with other items after delivery.
- The right of withdrawal does not apply to contracts for:
§ 4 Prices and Shipping Costs
- All prices include the applicable VAT.
- Prices also include shipping costs unless explicitly stated otherwise.
- In cases where products are incorrectly priced in the online shop, the Provider will contact the customer before dispatching the goods to clarify whether the customer wishes to purchase at the correct price or cancel the order.
- The prices valid at the time of order placement apply.
§ 5 Payment Terms
- The purchase price is due immediately upon contract conclusion.
- Payment methods include:
- Prepayment: Payment must be made within seven calendar days after order confirmation. Shipping occurs after payment receipt.
- Credit Card: Payment is processed upon dispatch of goods.
- Apple Pay and Google Pay: Payment is processed upon dispatch of goods.
- Cash on Delivery: Payment is made to the carrier upon delivery.
§ 6 Retention of Title
- Goods remain the Provider’s property until full payment is received.
- Customers must handle goods with care during the retention period and inform the Provider of any third-party claims (e.g., seizure).
§ 7 Delivery and Shipping
- Delivery times range from 1–12 working days unless stated otherwise.
- The Provider will inform customers of any delays promptly.
§ 8 Data Protection
- Personal data is processed in accordance with applicable data protection laws.
- For detailed information, refer to the Provider's privacy policy.
§ 9 Applicable Law and Jurisdiction
- The law of the Czech Republic applies, excluding UN Sales Law.
- The exclusive place of jurisdiction is the Provider's registered office, unless mandatory provisions state otherwise.
Řekl/a js
ChatGPT řekl:
§ 10 Transport Damages
- If the customer receives goods with obvious transport damage, they must immediately report such defects to the carrier and promptly contact the Provider.
- Failure to make a complaint or contact the Provider does not affect the customer’s statutory warranty rights. However, it helps the Provider pursue its own claims against the carrier or transport insurance.
§ 11 Warranty
-
Warranty for Private Customers
- Consumers in the EU have a three-year warranty period starting from the delivery of goods.
-
Used Goods
- For used goods, the warranty period may be shorter than two years.
-
Customer Rights in Case of Defects
If the goods are defective, the customer is entitled to the following remedies:
a) Remedy of the defect through:- Replacement with a non-defective product; or
- Delivery of missing components; or
b) Repair of the goods, unless the chosen method of remedy is impossible or disproportionately expensive.
-
The Provider may refuse the chosen remedy if it is impossible or excessively costly, considering the nature of the defect and the value of the goods without the defect.
-
Additional Customer Rights
- A reasonable price reduction; or
- Withdrawal from the contract, if:
- The Provider refuses or fails to remedy the defect in compliance with the law.
- The defect reoccurs.
- The defect constitutes a significant breach of contract.
- It is evident that the defect cannot be rectified within a reasonable time or without significant inconvenience to the customer.
-
Customers cannot withdraw from the contract if the defect is minor.
-
The warranty does not cover damages caused by the customer (e.g., improper use, neglect, or unauthorized modifications).
-
Natural wear and tear, as well as damage caused by environmental factors (e.g., hail), do not constitute defects.
-
Customers filing a complaint will receive a written acknowledgment, including:
- The date of complaint submission.
- Complaint details.
- Desired resolution.
- Customer contact information.
-
Complaints will be resolved within 30 days unless a longer period is agreed upon.
-
Customers will be informed of the complaint outcome via email. If justified, the customer may claim reimbursement of documented costs (e.g., transport costs).
-
If replacement goods are delivered, the Provider may request the return of the defective item. Return costs are covered by the Provider up to the lowest standard delivery rate.
§ 12 Data Protection
- Personal data is collected and processed in accordance with applicable data protection regulations.
- Customers have the right to access, correct, delete, or restrict the processing of their data at any time.
§ 13 Offsetting and Retention Rights
- Customers may offset claims only if their counterclaims are legally established or undisputed by the Provider.
- Customers may exercise retention rights only if their counterclaims arise from the same contractual relationship.
§ 14 User Account
- Customers must provide accurate and complete information during registration. They must protect their login details and are responsible for all activities under their account unless the misuse is not their fault.
- The Provider reserves the right to block or delete user accounts in cases of misuse or violation of these GTC.
§ 15 Amendments to the GTC
- The Provider reserves the right to amend these GTC for future contracts.
- Customers will be notified of changes to ongoing contractual relationships at least 14 days in advance.
§ 16 Force Majeure
- In cases of force majeure (e.g., natural disasters, strikes, government actions), the Provider is entitled to delay delivery or withdraw from the contract.
§ 17 Transfer of Rights and Obligations
- The Provider may transfer its rights and obligations under the contract to a third party with four weeks' notice.
- Customers have the right to terminate the contract with immediate effect in such cases.
§ 18 Governing Law and Jurisdiction
- All legal relationships between the Provider and the customer are governed by Czech law, excluding the UN Sales Convention.
- For consumers, the place of jurisdiction is the customer’s residence. For businesses, the place of jurisdiction is the Provider's registered office.
§ 19 Online Dispute Resolution
- The European Commission provides a platform for online dispute resolution at https://www.ec.europa.eu/consumers/odr.
- The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 20 Final Provisions
- The contractual language is German.
- The Provider does not sell products or services to minors.
- If any provision of these GTC is invalid or unenforceable, the remaining provisions remain unaffected.
- Changes or additions to these GTC must be in writing.