Terms of service
These T&C contain the terms that govern purchases on our e‑shop at www.barkandframe.com.
1. SELLER
BARK AND FRAME s.r.o.
Company ID: 238 08 926
Company VAT ID: CZ 238 08 926
Registered office: Příčná 1892/4, Nové Město, 110 00 Prague 1
A company incorporated and existing under the laws of the Czech Republic, registered in the Commercial Register under file no.: C 432302 maintained by the Municipal Court in Prague
E‑mail: customercare@barkandframe.com
Phone No.: (+420) 702 209 033
2. GENERAL PROVISIONS
2.1. These General Terms and Conditions (the “Terms”) of BARK AND FRAME s.r.o., Company ID No. 238 08 926, with its registered office at Příčná 1892/4, Nové Město, 110 00 Prague 1, Czech Republic, a company incorporated and existing under the laws of the Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 432302 (the “Seller”), govern, in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of the Seller and a natural person acting outside the scope of their business or profession (the “Buyer”) arising in connection with or on the basis of a purchase agreement concluded between the Seller and the Buyer through the Seller’s online store available at www.barkandframe.com (the “E-shop”) (the “Contract”). The Seller and the Buyer are hereinafter jointly referred to as the “Parties” and individually as a “Party”.
2.2. These Terms apply exclusively to Buyers acting as consumers. They do not apply to any legal entity nor any natural person entering into a Contract with the Seller in the course of their business activities or independent professional practice.
2.3. In the event of any conflict between these Terms and any individual arrangements agreed between the Seller and the Buyer in the Contract, the individual arrangements set out in the Contract shall prevail.
2.4. By placing a binding order through the E-shop, the Buyer orders the product or products specified in the order (the “Goods”) and confirms that they have read these Terms, agree to them, and undertake to comply with them. The Buyer further confirms that they are of legal age and have full legal capacity to enter into a binding Contract or are otherwise legally entitled to do so.
2.5. These Terms form an integral part of the Contract. The Contract, including these Terms, is made and may be concluded in the English language.
2.6. The use of the E-shop involves the processing of the Buyer’s personal data by the Seller. Information on how the Seller processes and protects personal data is provided in the Seller’s Privacy Policy, which is available on the E-shop at www.barkandframe.com. By using the E-shop, the Buyer acknowledges that the Buyer has been informed of the processing of personal data in accordance with the Privacy Policy.
2.7. The Seller may amend or supplement these Terms from time to time. Any rights and obligations arising before the effective date of a new version of the Terms shall remain governed by the version of the Terms in effect at the time they arose.
3. ORDERS AND CONTRACT
3.1. The presentation of Goods on the E-shop is subject to availability and the Seller’s ability to fulfil the order. The Buyer acknowledges that the availability of Goods may depend on current stock levels, production capacity and other circumstances relevant to the fulfilment of the order. The Contract is concluded only once the Seller accepts the Buyer’s order, unless these Terms provide otherwise.
3.2. For the purposes of these Terms, an order means an electronic order form completed and submitted by the Buyer through the E-shop for the purpose of ordering the Goods (the “Order”). The Order contains, in particular, information about the Buyer, the Goods ordered, including their type, quantity, price and any selected customization details, as well as information on the delivery costs, the method of payment, the method of delivery and any additional or related costs.
3.3. The Order may be validly submitted only if the Buyer provides true, accurate and complete information in all mandatory fields of the electronic order form, including the Buyer’s contact details.
3.4. Before submitting the Order to the Seller, the Buyer has the opportunity to review and modify the information entered in the Order and to correct any errors made when completing the electronic order form. The Seller relies on the information provided by the Buyer in the Order and treats such information as correct. The Seller shall not be liable for any errors in the Order or in the fulfilment of the Contract caused by incorrect or incomplete information provided by the Buyer.
3.5. The Buyer submits the Order to the Seller by clicking the button marked “Pay now”.
3.6. The Seller shall confirm receipt of the Order to the Buyer without undue delay by e-mail sent to the e-mail address provided by the Buyer in the Order (the “Buyer’s E-mail Address”). The Contract is concluded at the moment the Seller sends an order confirmation to the Buyer’s E-mail Address.
3.7. If the Seller is unable to fulfil the Order, for example due to the unavailability of the Goods or the Seller’s inability to fulfil the Order, the Seller shall inform the Buyer without undue delay. The Seller may also inform the Buyer of any available alternative options. For the avoidance of doubt, no Contract shall be concluded in respect of any alternative performance unless the Seller and the Buyer agree on such alternative performance and the Seller sends an order confirmation to the Buyer’s E-mail Address.
3.8. In the case of an Order of a substantial scope, in particular due to the quantity of Goods ordered, the total purchase price, the estimated delivery costs or other relevant circumstances, the Seller reserves the right to request additional confirmation of the Order from the Buyer before accepting the Order. Such confirmation may be requested by telephone at the phone number provided by the Buyer in the Order or by e-mail sent to the Buyer’s E-mail Address.
3.9. The Seller is registered for VAT. The tax invoice will be delivered to the Buyer by e-mail to the Buyer’s E-mail Address. The tax invoice also serves as proof of purchase of the Goods.
3.10. For the purposes of these Terms, “Personalised Goods” means Goods that are made according to the Buyer’s specifications or otherwise personalised or customised for the Buyer. When creating Personalised Goods from a photograph provided by the Buyer, digital processing may involve artificial intelligence technology with the final output being reviewed and refined by the Seller’s team.
3.11. The Buyer may cancel an Order for Goods other than Personalised Goods after the Order has been accepted by the Seller, provided that the Seller has not yet arranged delivery of the Order. The cancellation notice must be submitted by e-mail to customercare@barkandframe.com or via designated contact form available at https://barkandframe.com/pages/contact by selecting the “Order Issue / Complaint” option. When cancelling the Order, the Buyer must state the Order number to be cancelled.
3.12. An Order for Personalised Goods may not be cancelled after it has been accepted by the Seller, unless the Seller expressly agrees otherwise.
3.13. The Seller may refuse to accept an Order if the Buyer has previously materially breached these Terms or another contract concluded with the Seller, in particular by providing false or misleading information, failing to pay the purchase price, repeatedly failing to take delivery of ordered Goods without a justified reason, or otherwise abusing the ordering process.
3.14. The Buyer acknowledges that the Contract is concluded using means of distance communication. Any costs incurred by the Buyer in connection with the use of means of distance communication for the purpose of concluding the Contract, including internet connection costs or telephone charges, shall be borne by the Buyer. Such costs do not differ from the basic rate.
4. PRICE OF GOODS
4.1. The E-shop provides information on the main characteristics of the Goods, including the prices of individual products. The prices of the Goods are stated inclusive of VAT and any mandatory fees and do not include any delivery costs or any fees related to the selected payment method, which may vary depending on the Buyer’s choice and will be displayed to the Buyer before the Order is submitted. The offer of Goods and the corresponding prices remain valid for as long as they are displayed on the E-shop, subject to availability and to the Seller’s ability to fulfil the Order.
4.2. Promotional prices and any additional discounts are valid for the duration of the relevant promotion and are subject to the specific terms applicable to that promotion or discount. Different promotions and discounts cannot be combined unless expressly stated otherwise.
4.3. If the Seller is unable to determine the delivery costs of the Goods in advance, the Buyer is hereby informed that additional delivery costs may be charged.
5. PAYMENT TERMS
5.1. The Buyer shall pay the price of the Goods and any costs related to packaging and delivery of the Goods under the Contract (the “Total Price”) to the Seller using one of the following payment methods:
5.1.1. by payment card through the payment gateway available on the E-shop;
5.1.2. by PayPal, Apple Pay or Google Pay; or
5.1.3. by any other payment method made available to the Buyer at checkout.
5.2. The Seller is entitled to require the Buyer to pay the Total Price in full before the Goods are dispatched to the Buyer.
5.3. In the case of a cashless payment made through a payment gateway or another payment service provider available on the E-shop, the Buyer shall pay the Total Price in accordance with the instructions displayed in the relevant payment interface. The Total Price is deemed paid at the moment the payment is confirmed as successfully completed by the relevant payment gateway or payment service provider.
5.4. The Total Price shall be paid through the relevant payment interface in accordance with the payment instructions displayed to the Buyer. If the payment is not successfully completed through the relevant payment interface, the Buyer shall complete the payment no later than five (5) days after submitting the Order, unless otherwise agreed with the Seller or instructed by the Seller.
5.5. If the Buyer pays the Total Price before the Seller accepts the Order and the Seller subsequently does not accept the Order, no Contract is concluded and the Seller shall refund the received funds to the Buyer without undue delay.
5.6. The Seller does not require the Buyer to pay any deposit or similar payment in addition to the Total Price. This does not affect Article 5.2 of these Terms or the Seller’s right to require payment of the Total Price in full before the Goods are dispatched to the Buyer.
6. DELIVERY AND SHIPPING TERMS
6.1. The Goods shall be delivered by carriers or other shipping service providers to the delivery address specified by the Buyer in the Order, or by another delivery method selected by the Buyer from the delivery options offered on the E-shop.
6.2. The Buyer may be offered one or more delivery methods when placing the Order. Where more than one delivery method is available, the Buyer shall select the preferred delivery method. The currently available delivery method or methods, together with the price applicable to each and any applicable conditions, shall be displayed to the Buyer on the E-shop before the Order is submitted. If a delivery method is agreed on the basis of a specific request of the Buyer, the Buyer shall bear the risk and any additional costs associated with such delivery method. The delivery of the Goods may also be subject to the terms and conditions of the relevant carrier or shipping service provider, without prejudice to the Seller’s obligations towards the Buyer under applicable law.
6.3. The Seller shall process deliveries of the Goods as soon as possible, depending on the availability of the Goods and the Seller’s operational capacity, but no later than forty-five (45) days from the conclusion of the Contract, unless a different delivery time is agreed with the Buyer or displayed to the Buyer before the Order is submitted.
6.4. If the Order consists of more than one item of Goods and one or more items are not available for immediate delivery, the Seller shall inform the Buyer of this fact.
6.5. If the Seller is obliged under the Contract to dispatch the Goods to the Buyer, the Goods shall be deemed delivered to the Buyer at the moment when the carrier hands the Goods over to the Buyer. This shall not apply if the carrier was chosen by the Buyer without having been offered by the Seller.
6.6. If the Seller is obliged under the Contract to deliver the Goods to a place designated by the Buyer or to a pick-up point selected by the Buyer, the Buyer shall take delivery of the Goods upon delivery or within the period specified for their collection. Should the Buyer fail to take delivery of the Goods duly and in a timely manner for reasons attributable to the Buyer, the Buyer shall thereby be deemed in breach of its obligations under the Contract and shall be in default in taking delivery of the Goods. Failure to take delivery of the Goods shall not terminate the Contract, and such conduct shall not, in and of itself, be deemed to constitute withdrawal by the Buyer from the Contract. If, for reasons attributable to the Buyer, the Goods have to be delivered repeatedly or by another delivery method than originally agreed, the Buyer shall reimburse the Seller for the reasonable additional costs incurred in connection with the unsuccessful delivery, the return of the Goods to the Seller, the repeated delivery or the use of an alternative method of delivery. The Seller shall have no obligation to arrange repeated delivery of the Goods automatically. The repeated delivery shall be arranged at the Buyer’s request, and the Seller reserves the right to make such repeated delivery conditional upon the Buyer’s advance payment of the costs of repeated delivery and any other due, reasonable and demonstrable costs incurred as a result of the Buyer’s failure to take delivery of the Goods.
For the duration of the Buyer’s default in taking delivery of the Goods, the Seller shall store the Goods for a reasonable period and in a manner appropriate to the circumstances. The Seller shall be entitled to the agreed storage fee and, where no such fee has been agreed, to a storage fee in the customary amount, which the Buyer shall be obliged to pay.
The Seller may request the Buyer to take delivery of the Goods within an additional reasonable period and to notify the Buyer of the consequences of failing to do so, including, in particular, the possibility of judicial enforcement of the Buyer’s obligations.
If the Buyer fails to take delivery of the Goods even within such additional period, the Seller shall, at its discretion, be entitled to:
a) continue to insist on due performance of the Contract and seek enforcement of the Buyer’s obligations, including, in particular, taking delivery of the Goods, payment of the due purchase price, payment of the storage fee and settlement of any other lawful claims of the Seller; or
b) withdraw from the Contract instead of continuing to insist on its performance.
If the Seller withdraws from the Contract due to the Buyer’s breach of its obligation to take delivery of the Goods, the Seller shall be entitled to claim reimbursement from the Buyer of any reasonable and demonstrable costs and compensation for any damage incurred as a result of the Buyer’s failure to take delivery of the Goods, to the extent that such costs or damage have not already been paid or otherwise compensated.
To the extent permitted by applicable law, the Seller shall be entitled to set off any of its due claims eligible for set-off under this clause against the Buyer’s claim for a refund of the purchase price and shall refund to the Buyer only the remaining balance, if any.
Nothing in this clause shall affect the statutory rights of the Buyer as a consumer, including, in particular, the Buyer’s right to withdraw from the Contract in the cases and subject to the conditions provided for by applicable law.
6.7. Upon taking delivery of the Goods from the carrier, the Buyer is advised to check the condition of the shipment, in particular whether the transport packaging is intact. If the Buyer discovers any damage to the shipment or the packaging, the Buyer should notify the carrier without undue delay. If the packaging shows signs of unauthorized interference with the shipment, the Buyer is not obliged to accept the shipment from the carrier. By signing the delivery note or the confirmation of receipt of the Goods, the Buyer confirms that the packaging of the shipment containing the Goods was intact.
6.8. The Buyer shall acquire ownership of the Goods upon taking delivery of the Goods. The risk of damage to the Goods shall pass to the Buyer upon taking delivery of the Goods. The risk of damage to the Goods shall also pass on to the Buyer if the Buyer fails to take delivery of the Goods without a justified reason, despite the Seller having enabled the Buyer to take delivery of, or otherwise dispose of, the Goods.
6.9. If the Buyer fails to take delivery of the Goods at the agreed time, the Seller shall be entitled to a storage fee in the usual amount. The Seller may set off the storage fee against any funds to be refunded to the Buyer, to the extent permitted by applicable law.
6.10. Additional rights and obligations of the Parties in connection with the delivery of the Goods may be governed by the Seller’s special delivery terms, if issued by the Seller.
7. WITHDRAWAL FROM THE CONTRACT
7.1. In accordance with Section 1829(1) and (2) of the Civil Code, the Buyer has the right to withdraw from the Contract within fourteen (14) days of taking delivery of the Goods. If the subject matter of the Contract consists of several types of Goods, several deliveries under one Order or the delivery of Goods in several parts, this period shall run from the day on which the Buyer takes delivery of the last delivery of Goods.
7.2. The Buyer may notify the Seller of the withdrawal from the Contract, in particular in writing to the Seller’s registered office address or electronically to the Seller’s e-mail address. The Buyer may also use the model withdrawal form attached to these Terms in the final section. The Buyer may also withdraw from the Contract using the online form available via the “Withdraw from the Contract” button on the Seller’s E-shop. The Seller shall confirm receipt of the withdrawal to the Buyer in textual form.
7.3. In the event of withdrawal from the Contract, the Contract shall be deemed cancelled from the outset. The Buyer shall send the returned Goods to the return address communicated to the Buyer by the Seller without undue delay after withdrawing from the Contract, but no later than fourteen (14) days from the date of withdrawal from the Contract or from the date on which the Seller communicates the return address to the Buyer, whichever occurs later. If the Buyer withdraws from the Contract, the Buyer shall bear the direct costs associated with returning the Goods to the Seller, unless the Seller has agreed to bear such costs or applicable law provides otherwise.
7.4. The Seller is entitled to inspect the returned Goods in order to determine whether the returned Goods have been damaged, worn or otherwise diminished in value due to the Buyer’s handling of the Goods beyond what is necessary to establish the nature, characteristics and functionality of the Goods. In the event of a valid withdrawal from the Contract by the Buyer, the Seller shall refund to the Buyer all funds received from the Buyer under the Contract without undue delay, but no later than fourteen (14) days from the date on which the Buyer withdraws from the Contract, using the same payment method used by the Buyer, unless otherwise agreed with the Buyer. The Seller shall not be obliged to refund the received funds to the Buyer before the Seller receives the returned Goods or before the Buyer proves that the Goods have been sent back to the Seller, whichever occurs earlier.
7.5. The Buyer acknowledges that if the Goods returned to the Seller are damaged, worn or otherwise diminished in value as a result of the Buyer’s handling of the Goods beyond what is necessary to establish the nature, characteristics and functionality of the Goods, the Buyer shall be liable to the Seller for such diminished value. In such case, the Seller may deduct an amount corresponding to the diminished value of the Goods from the funds to be refunded to the Buyer, to the extent permitted by applicable law.
7.6. If the Buyer does not exercise the right of withdrawal within the withdrawal period specified in this Article 7 of these Terms, the Buyer’s right to withdraw from the Contract shall expire. If the Buyer attempts to withdraw from the Contract after the expiry of the withdrawal period, the Seller shall inform the Buyer that such withdrawal has no legal effect. If the Buyer sends the Goods back to the Seller after the expiry of the right of withdrawal in an attempt to withdraw from the Contract, the Seller shall inform the Buyer that the withdrawal from the Contract has not occurred and may send the Goods back to the Buyer at the Buyer’s expense to the address provided by the Buyer in the Order.
7.7. If the Buyer’s withdrawal from the Contract is invalid or ineffective, the Buyer shall reimburse the Seller for all reasonable costs incurred by the Seller in connection with such invalid or ineffective withdrawal, in particular the costs of storing the Goods returned without legal basis and the costs of sending the Goods back to the Buyer. In the event of an invalid return of the Goods, the Seller reserves the right to contact the Buyer using the contact details provided in the Order in order to agree on the next steps. If the Seller, despite the Buyer’s failure to comply with the conditions for withdrawal, agrees to accept the withdrawal from the Contract, the Seller may deduct the reasonable costs incurred in connection with the invalid or ineffective withdrawal from the funds to be refunded to the Buyer, to the extent permitted by applicable law.
7.8. If the Buyer receives a gift together with the Goods, the agreement on the provision of such gift is concluded subject to the condition that the Buyer does not withdraw from the Contract. If the Buyer withdraws from the Contract, the agreement on the provision of the gift shall cease to be effective and the Buyer shall return the gift to the Seller together with the Goods. If the Buyer fails to return the gift, the value of the gift shall be considered unjust enrichment of the Buyer, and the Seller may claim reimbursement of such value from the Buyer.
7.9. If the Buyer withdraws from the Contract, the Buyer shall be entitled to a refund of the price of the Goods actually paid and of the delivery costs only up to the amount corresponding to the least expensive delivery method offered by the Seller for the delivery of the Goods.
7.10. Any discount voucher is provided to the Buyer by the Seller voluntarily and on the terms determined by the Seller. If the Buyer withdraws from the Contract, in whole or in part, in respect of Goods for which the Buyer used a discount voucher, the Buyer shall not be entitled to a cash refund of the value of the discount voucher, to a replacement voucher or to any other compensation for the discount voucher.
7.11. If the Seller is in delay with delivering the Goods to the Buyer, the Buyer may withdraw from the Contract if the Seller fails to fulfil the Seller’s obligation even within an additional reasonable period provided by the Buyer. The Buyer may withdraw from the Contract without providing an additional reasonable period only if the Seller has refused to perform, or if performance by a specific time is essential having regard to the circumstances existing at the time of conclusion of the Contract, or if the Buyer informed the Seller before the conclusion of the Contract that delivery by a specific time was essential.
7.12. The Buyer acknowledges that the Buyer may not withdraw from the Contract in the cases specified by applicable law, including in particular Section 1837 of the Civil Code. This includes, without limitation, contracts for the supply of:
7.12.1. Personalised Goods, i.e. Goods made according to the Buyer’s specifications or otherwise personalised or customised for the Buyer;
7.12.2. Goods that are liable to deteriorate or expire rapidly, as well as Goods which, after delivery, have been inseparably mixed with other goods due to their nature;
7.12.3. Goods supplied in sealed packaging which are not suitable for return for health protection or hygiene reasons after the Buyer has unsealed them; and
7.12.4. audio or video recordings or computer software supplied in sealed packaging, if the Buyer has unsealed them.
8. DEFECTIVE PERFORMANCE RIGHTS AND CLAIMS PROCEDURE
8.1. The rights and obligations of the Parties in relation to defects in the Goods shall be governed by applicable laws, in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code, and by Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.2. The Seller is liable to the Buyer that the Goods are free from defects at the time of receipt by the Buyer. In particular, the Seller is liable to the Buyer that the Goods:
8.2.1. correspond to the agreed description, type and quantity, as well as to the agreed quality, functionality, compatibility, interoperability and other agreed characteristics;
8.2.2. are fit for the purpose for which the Buyer requires them and to which the Seller has agreed; and
8.2.3. are supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
8.3. In addition to the agreed characteristics, the Seller is liable to the Buyer that:
8.3.1. the Goods are fit for the purpose for which goods of this type are usually used, also taking into account the rights of third parties, applicable laws, technical standards or, in the absence of technical standards, codes of conduct of the relevant industry;
8.3.2. the Goods correspond, in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same type which the Buyer may reasonably expect, also taking into account public statements made by the Seller or by another person in the same contractual chain, in particular through advertising or labelling;
8.3.3. the Goods are supplied with accessories, including packaging, assembly instructions and other instructions for use which the Buyer may reasonably expect; and
8.3.4. the Goods correspond in quality and workmanship to the sample or model provided by the Seller to the Buyer before the conclusion of the Contract.
8.4. The Seller shall not be bound by a public statement referred to in Article 8.3.2. of these Terms if the Seller proves that the Seller was not aware of such statement, that the statement had been corrected by the time of conclusion of the Contract in at least a comparable manner to that in which it was made, or that it could not have influenced the Buyer’s decision to purchase the Goods. Article 8.3 of these Terms shall not apply if, before the conclusion of the Contract, the Seller specifically informed the Buyer that a particular characteristic of the Goods differed from the requirements set out in Article 8.3. of these Terms and the Buyer expressly agreed to this when concluding the Contract.
8.5. The Seller is also liable to the Buyer for any defect caused by incorrect assembly or installation, where such assembly or installation was carried out by the Seller or under the Seller’s responsibility under the Contract. This also applies where the assembly or installation was carried out by the Buyer and the defect occurred as a result of a deficiency in the instructions provided by the Seller.
8.6. The handling of claims made by the Buyer as a consumer shall be governed by the terms set out in this Article 8 of these Terms. By submitting the Order to the Seller, the Buyer confirms that the Buyer has been duly informed of the conditions and procedure for making a claim in respect of the Goods, including information on where a claim may be made. A claim may be made by e-mail sent to customercare@barkandframe.com. The Seller shall issue the Buyer with a written confirmation of the claim made in respect of the Goods. The claim shall be deemed to have been made at the moment when the Buyer notifies the Seller of the defect.
8.7. The Buyer is entitled to exercise rights arising from a defect in the Goods which becomes apparent within two (2) years of taking delivery of the Goods. The Buyer shall not have rights arising from defective performance if the Buyer knew before taking delivery of the Goods that the Goods were defective, or if the Buyer caused the defect. When making a claim in respect of the Goods, the Buyer shall provide a description of the defects for which the claim is being made. The claim shall be assessed in relation to the defects described by the Buyer.
8.8. If a defect becomes apparent within one (1) year of taking delivery of the Goods, it shall be presumed that the Goods were defective already at the time of delivery, unless this is incompatible with the nature of the Goods or the defect. This period shall not run for the time during which the Buyer cannot use the Goods, provided that the Buyer has made the claim in respect of the defect rightfully.
8.9. Normal wear and tear of the Goods caused by their usual use shall not be considered a defect.
8.10. Rights arising from defects in the Goods shall not apply in particular where the defect or damage was caused by mechanical damage to the Goods, improper use of the Goods, use of the Goods contrary to the instructions for use or instructions stated on the packaging or otherwise provided with the Goods, or use of the Goods contrary to generally known rules for the use of goods of the same type. In the case of used Goods, rights arising from defects shall not apply to defects corresponding to the extent of use or wear and tear that the used Goods had at the time of receipt by the Buyer.
8.11. Rights arising from defects under this Article 8 shall not apply to any free gifts sent to the Buyer by the Seller as part of marketing or other promotional campaigns, unless applicable law provides otherwise.
8.12. The Buyer shall hand over the Goods subject to the claim to the Seller, including all their parts and accessories, in a hygienically safe condition allowing safe handling of the Goods by other persons. If the Goods are not handed over in such condition, the Seller may refuse to accept the Goods for the handling of the claim until the Buyer remedies this. The postage costs for sending the Goods for the purpose of making a claim shall be borne by the Buyer. If the claim is accepted as justified, the Seller shall reimburse the Buyer for the reasonably incurred costs associated with making the claim.
8.13. If the Goods have a defect, the Buyer may request that the defect be remedied. At the Buyer’s option, the Buyer may request the delivery of new Goods without defects or the repair of the Goods, unless the chosen method of remedying the defect is impossible or disproportionately costly compared with the other method. The Seller may refuse to remedy the defect if doing so is impossible or disproportionately costly, in particular having regard to the significance of the defect and the value that the Goods would have without the defect.
8.14. The Buyer may request a reasonable price reduction or withdraw from the Contract if:
8.14.1. the Seller has failed to remedy the defect in the Goods within a reasonable time or has refused to remedy the defect;
8.14.2. the defect appears repeatedly;
8.14.3. the defect constitutes a material breach of the Contract; or
8.14.4. it is apparent from the Seller’s statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer.
8.15. The Buyer may not withdraw from the Contract if the defect in the Goods is insignificant. If the Buyer withdraws from the Contract, the Seller shall refund the price of the Goods to the Buyer without undue delay after the Seller receives the Goods or after the Buyer proves that the Goods have been sent to the Seller, whichever occurs earlier.
8.16. A defect may be notified to the Seller from whom the Goods were purchased. However, if another person has been designated to carry out the repair and such person is located at the Seller’s premises or at a place closer to the Buyer, the Buyer shall notify the defect to the person designated to carry out the repair. Until the Seller fulfils the Seller’s obligations arising from defective performance, the Buyer is not required to pay the outstanding purchase price or the relevant part thereof.
8.17. Except where another person has been designated to carry out the repair, the Seller shall accept claims at the Seller’s registered office and also through the e-mail address specified in these Terms. When the Buyer makes a claim, the Seller shall issue the Buyer with a written confirmation stating the date on which the Buyer made the claim, the content of the claim, the method of handling the claim requested by the Buyer and the Buyer’s contact details for the purpose of providing information on the handling of the claim. This obligation also applies to any other person designated to carry out the repair.
8.18. The Seller shall handle the claim, complete the claim procedure and inform the Buyer of the handling of the claim no later than thirty (30) days from the date on which the claim was made, unless the Seller and the Buyer agree on a longer period. The claim procedure shall be completed by handing over the repaired Goods, replacing the Goods, refunding the price of the Goods, granting a reasonable price reduction or rejecting the claim with reasons. If this period expires without the claim being handled, the Buyer may withdraw from the Contract or request a reasonable price reduction. The Seller shall issue the Buyer with a confirmation of the date and method of handling the claim, including confirmation of the repair carried out and the duration of the repair, or a written statement of reasons for rejecting the claim. This obligation also applies to any other person designated to carry out the repair.
8.19. If a claim is rejected as unjustified, the Buyer shall reimburse the Seller for reasonably incurred costs associated with the claim procedure that exceed the ordinary costs of handling the claim.
8.20. In addition to the Buyer’s statutory rights arising from defects, the Seller may provide the Buyer with a voluntary commercial guarantee. The terms of such guarantee may be set out in these Terms, in a guarantee statement or in another document provided to the Buyer.
9. MONEY-BACK GUARANTEE
9.1. The Money-Back Guarantee applies exclusively to Personalised Goods.
9.2. The Buyer may make a claim under the Money-Back Guarantee within 14 days of delivery of the Personalised Good through the Seller’s contact form available at https://barkandframe.com/pages/contact by selecting “Order Issue / Complaint”. The Buyer must expressly state that they wish to make a claim under the Money-Back Guarantee, state the order number, specifically describe how the Good does not meet their expectations or correspond to the photograph provided, and attach photographs of the delivered Good. The Buyer must then return the affected Good to the Seller at the Buyer’s own expense and in accordance with the Seller’s instructions no later than 14 days after the Seller sends such instructions to the contact details provided by the Buyer. At the Seller’s request, the Buyer must provide proof of dispatch without undue delay. If the Buyer fails to dispatch the Good within this period or to provide the requested proof of dispatch, the claim under the Money-Back Guarantee shall be deemed withdrawn and the Seller may close it.
9.3. Provided that the claim complies with the conditions set out in this Article, following receipt and assessment of the returned Good, the Seller shall either:
9.3.1. revise the design and remake the affected Good once at no additional charge; or
9.3.2. refund the purchase price actually paid for the affected Good.
The Buyer shall not be entitled to demand both remedies simultaneously. While the Seller aims to be fully accommodating to the Buyer's preference, the Seller reserves the right to determine the final remedy at its sole discretion.
9.4. Any refund provided under this voluntary guarantee shall be limited to the purchase price actually paid for the affected Personalised Good and shall not include the original or return delivery costs or the price of any additional services. The refund shall be made using the original payment method within 14 days after the Seller receives the returned Good
9.5. For the avoidance of doubt, where the purchase price is refunded, the original returned Good will remain with the Seller and will never be sent back to the Buyer.
9.6. This voluntary guarantee does not affect the Buyer’s statutory rights in respect of defects
9.7. The Money-Back Guarantee does not apply to requirements or alterations expressly requested or approved by the Buyer, minor artistic, colour or printing variations consistent with the style presented by the Seller, damage occurring after delivery, or fraudulent or manifestly abusive claims.
10. CONSUMER REVIEWS
10.1. The Seller may provide access on the E-shop to reviews of the Goods by other Buyers. The authenticity of such reviews is ensured by linking reviews to specific Orders, which means that it is not possible to review the Goods without placing an Order.
10.2. If any review is created for remuneration or other consideration, it shall be clearly marked as paid or sponsored. The Seller shall not manipulate consumer reviews for the purpose of promoting the Goods.
11. PRIVACY AND PERSONAL DATA PROTECTION
11.1. The Seller fulfils the Seller’s information obligation towards the Buyer under Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, the “GDPR”), in relation to the processing of the Buyer’s personal data for the purposes of performing the Contract, negotiating the Contract and fulfilling the Seller’s public-law obligations, by means of a separate Privacy Policy available on the E-shop.
12. MARKETING COMMUNICATIONS AND COOKIES
12.1. The Seller may send commercial communications to the Buyer’s e-mail address or telephone number only in accordance with applicable law, in particular where the Buyer has given the Seller consent to receive such communications or where the Seller is otherwise entitled to do so under applicable law. The Buyer may unsubscribe from commercial communications at any time.
12.2. The Seller fulfils the Seller’s legal obligations related to the use of cookies and similar technologies by means of a separate Cookie Policy.
13. FINAL PROVISIONS
13.1. These Terms shall become effective towards the Buyer upon the conclusion of the Contract. The Buyer declares that, before completing the Order, the Buyer has read these Terms and agrees to them.
13.2. These Terms shall be governed by the laws of the Czech Republic. If the legal relationship established by the Contract contains an international or foreign element, the Parties agree that such relationship shall be governed by the laws of the Czech Republic. The choice of law under the preceding sentence shall not deprive the Buyer, where the Buyer is a consumer, of the protection afforded to the Buyer by provisions of the law from which no derogation may be made by agreement and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 of that Convention.
13.3. Any disputes arising from the performance of the Contract or in connection with it shall be resolved by the Parties primarily by mutual agreement. If an agreement cannot be reached, the courts of the Czech Republic shall have jurisdiction to resolve such disputes, unless the jurisdiction of another court is established by mandatory legal provisions protecting consumers or by directly applicable regulations of the European Union.
13.4. The Seller may amend or supplement these Terms from time to time. The current version of the Terms shall be available on the E-shop. Any rights and obligations arising before the effective date of a new version of the Terms shall remain governed by the version of the Terms in effect at the time they arose.
13.5. The invalidity or ineffectiveness of any provision of these Terms, the Contract or any other contractual arrangement between the Parties shall not affect the validity or effectiveness of the remaining provisions. If any provision of these Terms is or becomes invalid or ineffective, the invalid or ineffective provision shall be replaced, to the extent permitted by applicable law, by a valid and effective provision whose meaning comes as close as possible to the meaning of the invalid or ineffective provision.
13.6. The supervisory authority is the Czech Trade Inspection Authority. Any consumer disputes between the Seller and the Buyer concerning obligations arising from concluded Orders may be resolved out of court. If a consumer dispute arises between the Parties from the Contract and cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court resolution of such dispute. The competent out-of-court consumer dispute resolution body is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, Company ID No. 000 20 869, website: www.coi.gov.cz.
13.7. The Buyer may submit a complaint to a supervisory or state supervisory authority. The Seller is authorised to sell the Goods on the basis of a trade licence. Trade supervision is carried out, within the scope of its competence, by the competent trade licensing authority. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, within the scope defined by applicable law, compliance with, among other things, the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
13.8. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1820(1)(n) of the Civil Code.
13.9. The Contract, including these Terms, shall be archived by the Seller in electronic form and shall not be accessible to the Buyer.
13.10.The Seller handles consumer complaints by e-mail. Complaints may be sent to the Seller’s e-mail address at customercare@barkandframe.com. The Seller shall send information on the handling of the Buyer’s complaint to the Buyer’s e-mail address. The Seller has not established any other rules for handling complaints.
13.11.The annex to the Terms consists of a model withdrawal form for withdrawal from the Contract.
In Prague on 27 July 2026
Version effective from 27 July 2026
Template withdrawal form (for consumers)*
Use this form only if you wish to withdraw from the contract. Send the completed form by e‑mail to customercare@barkandframe.com or please fill out the form online on our website www.barkandframe.com.
Recipient:
BARK AND FRAME s.r.o.
Company ID (IČO): 238 08 926
Registered office: Příčná 1892/4, Nové Město, 110 00 Prague 1
A company incorporated and existing under the laws of the Czech Republic, registered in the Commercial Register under file no.: C 432302 maintained by the Municipal Court in Prague
E mail address: customercare@barkandframe.com
Consumer details:
Name and surname: __________________________
Address: _________________________________
E‑mail address: __________________________________
Phone (optional): _______________________
Order details:
Order number: ________________________
Date of order: ________________________
Date of receipt of the goods: ____________________
By this statement pursuant to Section 1829 et seq. of the Czech Civil Code I hereby give notice that I withdraw from the contract for the purchase of the following goods:
Name of goods / description: _________________________________
Quantity (optional): _______________________________
Please provide the bank account number for the refund (IBAN and SWIFT in case of international transfers): ________________________
Date: __________________
Signature: __________________
*Additional information:
If the contract for provision of personalized goods has already entered production following your approval of the design, the right of withdrawal does not apply.
After receiving your notice, we will promptly acknowledge receipt and inform you of the next steps.
If you need help with the form or are unsure how to proceed, please contact us at customercare@barkandframe.com.