TERMS AND CONDITIONS
of the company
Pučálka s.r.o.
with its registered office at Malkovského 584, Letňany, 199 00 Praha 9, Czech Republic
Company ID No. (IČO): 27567303
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 116686
for the sale of goods through the online store operated at www.marppetfood.com (as well as www.marppetfood.cz, www.marppetfood.de and other country-specific domains)
1.1. These terms and conditions (the “Terms and Conditions”) of the company Pučálka s.r.o., with its registered office at Malkovského 584, Letňany, 199 00 Praha 9, Czech Republic, Company ID No.: 27567303, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 116686 (the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (the “Purchase Contract”) concluded between the Seller and a consumer, i.e. a natural person who, when concluding and performing the contract, does not act in the course of their business or independent profession (the “Buyer”), through the Seller’s online store at www.marppetfood.de (as well as www.marppetfood.cz, www.marppetfood.com and other country-specific domains, together the “Website”), using the interface of the Website (the “Web Interface of the Store”).
1.2. These Terms and Conditions do not apply where the person intending to buy goods from the Seller is a legal entity or, when ordering the goods, acts in the course of their business or independent profession. Sales to such persons are possible only on individually agreed terms.
1.3. Provisions deviating from these Terms and Conditions may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of these Terms and Conditions.
1.4. The provisions of these Terms and Conditions form an integral part of the Purchase Contract. The Terms and Conditions are available in Czech and English, and the Purchase Contract may be concluded in Czech or English. Both language versions have the same meaning; in the event of a discrepancy, the version in the language in which the Purchase Contract was concluded prevails.
1.5. The Seller may amend or supplement the Terms and Conditions. This does not affect rights and obligations that arose during the validity of the previous version. The Purchase Contract is governed by the version of the Terms and Conditions in force at the moment the Buyer sends the order.
1.6. The Terms and Conditions are published on the Website in a form that allows them to be saved and reproduced. The Buyer also receives the current version of the Terms and Conditions with the order confirmation.
2.1.1. After registering on the Website, the Buyer can access their user interface (the “User Account”). If the Web Interface of the Store allows it, the Buyer may also order goods without registration, directly from the Web Interface of the Store.
2.1.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer must update the information in the User Account whenever it changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.
2.1.3. Access to the User Account is protected by a username and password. The Buyer must keep the information necessary for accessing the User Account confidential and is not entitled to allow third parties to use the User Account.
2.1.4. The Seller may cancel a User Account, in particular if the Buyer has not used it for more than 1 year or if the Buyer breaches their obligations under the Purchase Contract (including the Terms and Conditions).
2.1.5. The Buyer acknowledges that the User Account may not be available continuously, in particular due to necessary maintenance of the Seller’s hardware and software or of the hardware and software of third parties.
2.2.1. All presentation of goods in the Web Interface of the Store is for information purposes only and the Seller is not obliged to conclude a Purchase Contract for such goods. Section 1732(2) of the Civil Code does not apply.
2.2.2. The Web Interface of the Store contains information about the goods, including the prices of individual goods and the costs of returning the goods if, by their nature, they cannot be returned by ordinary post. Information on prices, shipping and packaging is set out in Article 3 of these Terms and Conditions. This does not limit the Seller’s ability to conclude a Purchase Contract on individually agreed terms.
2.2.3. To order goods, the Buyer fills in the order form in the Web Interface of the Store, which contains in particular information on the goods ordered (placed in the electronic shopping cart), the country of delivery, the method of payment of the purchase price, the requested method of delivery and the costs associated with delivery (together the “Order”).
2.2.4. Before sending the Order to the Seller, the Buyer may check and change the data entered in the Order, including in order to identify and correct errors made when entering data. The Buyer sends the Order to the Seller by clicking the “Send order and pay” button. The data given in the Order are considered correct by the Seller. Immediately after receiving the Order, the Seller confirms receipt to the Buyer by e-mail, to the e-mail address given by the Buyer in the User Account or in the Order (the “Buyer’s E-mail Address”).
2.2.5. The order confirmation includes a summary of the goods ordered, their price and the delivery costs, together with the Terms and Conditions, information on the right of withdrawal from the Purchase Contract and the model withdrawal form.
2.2.6. Depending on the nature of the Order (quantity of goods, purchase price, estimated transport costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example in writing or by phone).
2.2.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance) sent by the Seller to the Buyer by e-mail, to the Buyer’s E-mail Address.
2.2.8. The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract. The Buyer bears the costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of phone calls); these costs do not differ from the basic rate.
2.3.1. The goods offered may be sold only in quantities usual for household consumption. Further commercial resale of the goods is not permitted; the Seller reserves the right not to accept offers that appear to be made for the purpose of commercial resale. This provision applies only to consumer purchases under these Terms and Conditions.
3.1. The prices of goods include value added tax (VAT) at the rate applicable in the country of delivery and all related charges, and remain valid for as long as they are displayed in the Web Interface of the Store. The price of the same goods may differ depending on the country of delivery.
3.2. Prices are stated in the currency displayed in the Web Interface of the Store. Any currency conversion fees or fees for payments from abroad charged by the Buyer’s bank or payment service provider are borne by the Buyer.
3.3. The Web Interface of the Store contains information on the costs of packaging and delivery of the goods. These costs may differ depending on the country of delivery, the weight of the shipment and the delivery method chosen; the exact amount is shown in the Order before it is sent.
3.4. Together with the purchase price, the Buyer is obliged to pay the Seller the costs of packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs of delivery of the goods.
4.1. The Seller delivers goods to addresses in the Czech Republic, Germany, Austria, Slovakia and Poland (the “Delivery Territory”). Delivery to other territories is possible only by individual agreement with the Seller.
4.2. If the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with that method of transport.
4.3. If the Seller is obliged under the Purchase Contract to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to take delivery of the goods.
4.4. If, for reasons on the Buyer’s side, the goods have to be delivered repeatedly or in a manner other than stated in the Order, the Buyer is obliged to pay the costs of repeated delivery or of the different method of delivery.
4.5. When taking over the goods from the carrier, the Buyer is entitled to check that the packaging is intact. The Buyer may report any damage to the shipment to the carrier; this does not affect the Buyer’s rights against the Seller in respect of defective goods.
4.6. The risk of damage to the goods passes to the Buyer at the moment the Buyer, or a third party designated by the Buyer other than the carrier, takes possession of the goods.
4.7. Further rights and obligations of the parties in the transport of goods may be governed by the Seller’s special delivery terms, if issued by the Seller.
4.8. If no delivery time is agreed in a particular case, the Seller shall deliver the goods without undue delay and no later than 30 days after conclusion of the Purchase Contract. An estimated delivery time may be shown in the Web Interface of the Store depending on the country of delivery.
5.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
6.1. The Buyer acknowledges that, under Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that have been customised according to the Buyer’s wishes or for their person, from a purchase contract for the supply of goods that are liable to deteriorate or expire rapidly or have a short shelf life, or of goods that were irreversibly mixed with other goods after delivery, and in other cases of statutory exceptions set out in Section 1837 of the Civil Code, in particular for goods in sealed packaging that the consumer has unsealed and that cannot be returned for hygiene or health protection reasons, where this statutory exception applies to the goods concerned.
6.2. Unless withdrawal from the Purchase Contract is excluded, the Buyer has, in accordance with Section 1829(1) of the Civil Code, the right to withdraw from the Purchase Contract within fourteen (14) days of receiving the goods; where the Purchase Contract covers several types of goods or delivery in several parts, this period runs from the day of receipt of the last delivery of goods. The notice of withdrawal must be sent to the Seller within the period stated in the previous sentence. To withdraw from the Purchase Contract, the Buyer may use the model withdrawal form provided by the Seller, which forms an annex to these Terms and Conditions. The Buyer may also withdraw from the Purchase Contract using the button or similar control for withdrawal from the contract placed in the user interface of the Website, if the Seller makes this function available. The Buyer may send the notice of withdrawal to the Seller’s delivery address stated in Article 12.3 of these Terms and Conditions or to the Seller’s e-mail address info@marppetfood.com.
6.3. In the event of withdrawal under Article 6.2, the Purchase Contract is cancelled from the outset. The Buyer must return the goods to the Seller within fourteen (14) days of delivery of the notice of withdrawal to the Seller, to the address stated in Article 12.3 of these Terms and Conditions. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs of returning the goods to the Seller, even where the goods cannot, by their nature, be returned by ordinary post.
6.4. In the event of withdrawal under Article 6.2, the Seller shall refund to the Buyer all funds received from the Buyer, including delivery costs, within fourteen (14) days of the withdrawal, using the same method by which the Seller received them from the Buyer. If the Buyer chose a delivery method other than the cheapest delivery method offered by the Seller, the Seller shall refund the delivery costs in the amount corresponding to the cheapest delivery method offered. The Seller may also refund the performance provided by the Buyer upon return of the goods or in another way, if the Buyer agrees and no additional costs arise for the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to refund the funds received before the Buyer returns the goods or proves that the goods have been sent to the Seller.
6.5. If the Buyer is responsible for a reduction in the value of the goods resulting from handling them in a way other than is necessary to establish their nature and characteristics, the Seller is entitled to claim compensation for such reduction in value in accordance with the Civil Code.
6.6. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded subject to the condition that, if the Buyer withdraws from the Purchase Contract, the gift agreement in respect of that gift ceases to have effect and the Buyer is obliged to return the gift to the Seller together with the goods.
7.1. The Seller handles consumer complaints via the e-mail address info@marppetfood.com. The Seller sends information on the handling of the Buyer’s complaint to the Buyer’s E-mail Address.
7.2. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Gorazdova 1969/24, 120 00 Praha 2, Company ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from the Purchase Contract.
7.3. The European Consumer Centre Czech Republic (Evropské spotřebitelské centrum Česká republika), with its registered office at Gorazdova 1969/24, 120 00 Praha 2, website: www.evropskyspotrebitel.cz, helps consumers access the competent out-of-court dispute resolution bodies in cross-border disputes.
7.4. A Buyer residing in another EU Member State may, in a cross-border dispute, also contact the European Consumer Centre in their own country, in particular in Germany (Zentrum für Europäischen Verbraucherschutz, www.evz.de), Austria (Europäisches Verbraucherzentrum Österreich, www.europakonsument.at), Slovakia (Európske spotrebiteľské centrum Slovensko, www.esc-sr.sk) and Poland (Europejskie Centrum Konsumenckie, www.konsument.gov.pl), and may use the out-of-court dispute resolution bodies operating in their country.
8.1. The rights and obligations of the parties regarding rights arising from defective performance are governed by the relevant generally binding legislation (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174b of the Civil Code).
8.2. The Seller is liable to the Buyer for the goods being free from defects upon receipt. In particular, the Seller is liable to the Buyer that, at the time the Buyer received the goods: a) the goods have the characteristics agreed by the parties and, in the absence of an agreement, the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of advertising carried out by them; b) the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are normally used; c) the goods correspond in quality or workmanship to the agreed sample or specimen, where quality or workmanship was determined by reference to an agreed sample or specimen; d) the goods are in the appropriate quantity, measure or weight; and e) the goods comply with the requirements of legal regulations.
8.3. The provisions of Article 8.2 do not apply to goods sold at a lower price in respect of the defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to used goods in respect of a defect corresponding to the degree of use or wear the goods had when received by the Buyer, or where this follows from the nature of the goods.
8.4. If a defect appears within one year of receipt, the goods are presumed to have been defective upon receipt, unless this is incompatible with the nature of the goods or of the defect. The Buyer may exercise rights arising from a defect that appears in consumer goods within twenty-four months of receipt, unless the law provides otherwise.
8.5. The Buyer exercises rights arising from defective performance with the Seller at the address of the premises where a complaint can be accepted having regard to the range of goods sold, or at the Seller’s registered office or place of business, or by e-mail to info@marppetfood.com.
8.6. Further rights and obligations of the parties relating to the Seller’s liability for defects may be governed by the Seller’s complaints procedure.
8.7. A complaint, including the remedy of the defect, must be handled and the Buyer informed of the outcome no later than thirty (30) days from the day the complaint is made, unless the Seller and the Buyer agree on a longer period in a particular case. After this period expires without result, the Buyer may withdraw from the Purchase Contract or request a reasonable price reduction.
8.8. When exercising rights arising from defective performance, the Buyer should state the order number, describe the defect and, where possible, attach photographs of the goods. The Seller shall inform the Buyer whether and how the goods are to be sent. Reasonable costs incurred by the Buyer in connection with exercising rights arising from defective performance (including postage) are borne by the Seller.
9.1. The Buyer may pay the price of the goods and any costs associated with delivery under the Purchase Contract to the Seller by the methods offered in the Web Interface of the Store for the relevant country of delivery, in particular: a) by non-cash payment by payment card through the Global Payments system; b) by non-cash instant bank transfer (Sofortüberweisung/Banktransfer) through the Global Payments system; c) by non-cash bank transfer to the Seller’s account No. 2600179429/2010 held with Fio Banka, a.s. (IBAN: CZ40 2010 0000 0026 0017 9429, BIC/SWIFT: FIOBCZPPXXX); d) in cash on delivery at the place specified by the Buyer in the Order, where this method is offered for the relevant country of delivery; e) in cash or by payment card upon personal collection at the Seller’s premises at Toužimská 943/24a, 197 00 Praha 19 – Kbely, Czech Republic; f) by any other method offered in the Web Interface of the Store, including credit provided by a third party.
9.2. The Seller does not require the Buyer to pay a deposit or any similar payment. The Seller is entitled, in particular where the Buyer does not provide additional confirmation of the Order, to require payment of the full purchase price before dispatching the goods to the Buyer. Section 2119(1) of the Civil Code does not apply.
9.3. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of conclusion of the Purchase Contract and must be paid quoting the order number as the variable symbol (or in the message for the recipient); the Buyer’s obligation is fulfilled when the relevant amount is credited to the Seller’s account. When paying from abroad, the Buyer must ensure that the full amount of the purchase price is credited to the Seller’s account.
9.4. Any discounts on the price of goods granted by the Seller to the Buyer cannot be combined with one another.
9.5. If it is customary in commercial dealings or required by generally binding legislation, the Seller shall issue the Buyer a tax document – invoice for payments made under the Purchase Contract. The Seller is a VAT payer. The Seller issues the tax document – invoice to the Buyer after the price of the goods has been paid and sends it in electronic form to the Buyer’s E-mail Address.
9.6. All discount coupons, discount vouchers and gift vouchers may be used only once per customer, unless expressly stated otherwise. If several orders are placed by one customer using a discount coupon, the orders will be cancelled automatically.
10.1. The Seller is the controller of the Buyer’s personal data. Personal data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation) and Act No. 110/2019 Coll., on personal data processing. Information on the purposes and legal bases of processing, retention periods, recipients and the rights of data subjects is set out in the Privacy Policy published on the Website.
10.2. Supervision of personal data protection is carried out by the Office for Personal Data Protection (Úřad pro ochranu osobních údajů), with its registered office at Pplk. Sochora 27, 170 00 Praha 7, Czech Republic (www.uoou.cz), whose remit covers Pučálka s.r.o. as controller of personal data. The data subject also has the right to lodge a complaint with the supervisory authority in the place of their habitual residence, place of work or place of the alleged infringement.
11.1. When concluding the Purchase Contract, the Buyer provides their e-mail address, which the Seller has the right to use, in accordance with Section 7(3) of Act No. 480/2004 Coll., on certain information society services, to send commercial communications relating to the Seller’s own similar goods or services, unless the Buyer refused this when the e-mail address was collected. The Buyer is clearly and distinctly informed, when the e-mail address is collected and in every commercial communication, of the possibility to refuse further mailings at any time.
11.2. The Buyer has the right to refuse further sending of commercial communications at any time and free of charge (except for the costs of transmitting the message at the basic rate of their operator), by sending a notice to the e-mail address info@marppetfood.com or via the link contained in the commercial communication.
Pučálka s.r.o., with its registered office at Malkovského 584, Letňany, 199 00 Praha 9, Czech Republic, Company ID No.: 27567303, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 116686.
12.1. The Seller is authorised to sell goods on the basis of a trade licence. Trade licensing supervision is carried out by the relevant trade licensing office within its remit. The Czech Trade Inspection Authority supervises, within the defined scope, among other things compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
12.2. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
12.3. The Seller’s contact details: delivery address Toužimská 943/24a, 197 00 Praha 19 – Kbely, Czech Republic; e-mail address info@marppetfood.com.
12.4. The Seller is an economic operator within the meaning of Regulation (EU) 2023/988 of the European Parliament and of the Council on general product safety. The contact point for the purposes of that Regulation, to which a consumer may turn in connection with the safety of the goods offered, is the Seller’s contact details stated in Article 12.3 of these Terms and Conditions.
13.1. Notices concerning the relationship between the Seller and the Buyer, in particular concerning withdrawal from the Purchase Contract, may be delivered by post or by e-mail to the relevant contact address of the other party. The Buyer may withdraw from the Purchase Contract by any unequivocal statement showing their decision to withdraw; it may be sent in particular to the e-mail address info@marppetfood.com or to the Seller’s contact address. In the event of withdrawal, what matters is whether the notice of withdrawal was sent within the withdrawal period.
13.2. A notice is also deemed delivered if its receipt was refused by the addressee, if it was not collected within the storage period, or if it was returned as undeliverable.
13.3. The parties may deliver ordinary correspondence to each other by e-mail, to the e-mail address given in the Buyer’s User Account or given by the Buyer in the Order, or to the address stated on the Seller’s Website.
14.1. The relationship established by the Purchase Contract is governed by Czech law. This does not affect the rights of the consumer arising from provisions of the law of the country of their habitual residence from which the parties cannot contractually derogate. Disputes arising from the Purchase Contract are decided by the courts under the generally applicable rules; a consumer from an EU Member State may also bring proceedings before the courts of the country where they reside.
14.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, it shall 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 others. Amendments and supplements to the Purchase Contract or to the Terms and Conditions must be made in writing.
14.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible. The Buyer receives the Terms and Conditions and the Purchase Contract with the order confirmation (Article 2.2.5).
14.4. The annex to the Terms and Conditions is the model withdrawal form.
14.5. These Terms and Conditions, including their parts, are valid and effective from 1.1.2026 and supersede the previous version of the Terms and Conditions, including their parts.
In Prague on 1.1.2026