Terms and Conditions

Terms and Conditions

The operator is the company Dogs and sport s r.o., Kurzova 2222/16, 155 00 Prague, ID: 19817151, registered in the Commercial Register kept at the Municipal Court in Prague under file number C 392046, represented by Stephanie Mach, CCBW, CCRP, Tel: 605 341 072, Email: info@animal-prosthetics.com

Important: The Devices are individually manufactured biomechanical mobility aids for animals. They are not medical or healthcare devices and do not replace veterinary examination, treatment, rehabilitation or surgery.

1. Introductory provisions

1.1. These Terms and Conditions (the "Terms") govern contractual relationships between Dogs and sport s.r.o., trading as Animal Prosthetics (the "Manufacturer"), and the customer (the "Client"). Where the Client is a consumer, the mandatory provisions of the Czech Civil Code and the Czech Consumer Protection Act shall take precedence.

1.2. The Manufacturer makes custom orthoses, prostheses, wheelchairs and other mobility aids for disabled animals (collectively, the "Device"), generally according to the anatomy of the specific animal, a cast, measurements, photographs and an approved biomechanical solution.

1.3. The contract is concluded when the Manufacturer confirms the order; payment of the price for the relevant stage and delivery of complete and usable supporting documents may be a condition for commencement of that stage. The Terms and the Complaints Procedure in force at the time the contract is concluded form part of the contract.

2. Separate contractual performances and their prices

2.1. Depending on the Client's choice, the order consists of the legally and financially separate performances listed below. Ordering one performance does not in itself give rise to any entitlement to another performance free of charge. Individual performances may, for administrative purposes, be listed on one order or invoice, but must be separately identified and priced:

• professional consultation - an optional service consisting primarily of an assessment of the supporting documents, an explanation of the available options, and the design and discussion of a proposed solution;

• consumable material for making the negative cast - material consumed in obtaining the manufacturing basis;

• production of an individual positive / manufacturing model - a separate manufacturing stage in which a model of the limb or another body part is prepared and processed from the negative cast;

• production of the Device itself - an orthosis, prosthesis, wheelchair or another individual mobility aid;

• transport, servicing, accessories and any other expressly agreed performances.

2.2. Upon confirmation of the order, separate contractual obligations arise to the extent of the selected items: (a) a contract for professional consultation, (b) a contract for obtaining the cast and consuming casting material, (c) a contract for producing the individual positive / manufacturing model and manufacturing specification, (d) a contract for supplying the individually manufactured Device and, where applicable, (e) a contract for servicing or a structural modification. Each performance has its own subject matter, price and time of completion.

2.3. Individual items are charged according to the price list in force when the contract is concluded or according to an individual quotation. The discount for referring practices applies only to the basic price of the Device itself, not to the consultation, casting consumables, production of the positive / model, transport, servicing or any other separate services, unless otherwise agreed in writing.

2.4. The consultation is an optional service provided in addition to the production of the Device itself. The Client is not required to use it; if the Client does not use it, it will not be charged. This does not affect the Client's obligation to supply the Manufacturer with the supporting documents required for a safe and professional assessment of the order, or the Manufacturer's right to decline the order if the supporting documents are insufficient.

2.5. Obtaining the cast, consuming the casting material and producing the positive / manufacturing model are separate preparatory manufacturing stages. The performance consists of professionally obtaining the anatomical basis, processing it and creating an individual manufacturing specification; it is not conditional upon the Client subsequently accepting or using the Device. The Manufacturer becomes entitled to the price of the relevant stage upon its proper completion.

2.6. In order to distinguish the performances unambiguously, the Client will receive the price of each selected stage in the order or quotation. The result of preparatory stages may also include a brief record of the type of cast, basic measurements and the selected structural solution; the negative and positive themselves are not handed over to the Client in accordance with Article 4.

3. Consultation, appointment booking and failure to attend

3.1. The consultation fee is CZK 1,500 unless otherwise agreed in advance. The consultation must be paid for before the booked appointment. If payment is not credited within the period specified in the payment request, the Manufacturer is not obliged to hold the appointment and may cancel the booking.

3.2. The Client may request cancellation or rescheduling free of charge no later than 48 hours before the appointment begins. In the event of a later cancellation or failure to attend without timely notice, the Manufacturer is entitled to a reasonable cancellation fee up to the amount of the consultation fee, corresponding to the time reserved, preparation undertaken and the limited opportunity to offer the appointment to another interested person. Any amount already paid will be set off against the cancellation fee.

3.3. The cancellation fee will not apply if the Client proves a serious and unforeseeable obstacle which the Client could not reasonably influence, or if the Manufacturer cancels the appointment. In such a case, the Manufacturer will offer a replacement appointment or refund the price of the consultation that was not provided.

3.4. If a consultation contracted at a distance is to be provided before expiry of the statutory withdrawal period, the consumer must expressly request commencement in advance. After the service has been fully provided, the right of withdrawal expires only if the consumer expressly consented in advance and was instructed accordingly. If the consumer withdraws after performance has begun but before the service is completed, the consumer shall pay a proportionate part of the price corresponding to the performance already provided, where required by law.

4. Negative cast, positive and manufacturing documentation

4.1. The negative cast, positive / manufacturing model, auxiliary templates and work-in-progress manufacturing documents are technological means intended for production and are not items sold to the Client. They remain the property of the Manufacturer at all times unless otherwise agreed in writing in advance.

4.2. The Client acknowledges that both the negative cast and the positive may be irreversibly deformed, damaged or destroyed during removal, correction, lamination, vacuum forming, cutting or another manufacturing process. Once the order has been completed, the Manufacturer is entitled to dispose of them in an environmentally responsible manner without further archiving. The Manufacturer is not obliged to hand them over or retain them for a future order.

4.3. Where the cast, measurements, photographs or any other supporting material are produced by a third party or the Client, the Manufacturer relies on the material supplied. The Manufacturer is liable for defects or limitations caused by an inaccurate cast, incorrect limb position, deformation, incorrect measurement, incomplete documentation or a change in anatomy only if the Manufacturer caused the relevant issue or should have recognised it while exercising professional care and failed to warn the Client.

5. Custom-made nature, cancellation of the order and financial settlement

5.1. The Device is non-prefabricated goods made to the Client's requirements and adapted to the personal needs of a particular animal. For such goods, the consumer has no statutory fourteen-day right to withdraw from the contract without giving a reason. This does not affect rights arising from defective performance, delay or any other rights that cannot be excluded by contract.

5.2. Once work on the order has begun, the Client may not unilaterally demand its cancellation and a refund of the full price without a statutory or contractual reason. The Client may request an agreement on termination. Separate performances already completed shall be settled at their agreed prices. If the Client frustrates completion of the commissioned work for a reason for which the Client is responsible, the Manufacturer is entitled to the agreed price reduced only by the costs demonstrably saved as a result of non-performance.

5.3. Frustration or interruption attributable to the Client includes, in particular, express cancellation after commencement, refusal to provide the required supporting documents, failure to allow fitting, unjustified refusal to accept a duly completed Device, or failure to provide the necessary cooperation even within an additional period of 14 calendar days from delivery of the Manufacturer's written request. For the purposes of these Terms, that fourteen-day period is considered reasonable; any further delay without an objective and documented reason is considered unreasonable. In the request, the Manufacturer will inform the Client of the consequences of expiry of the period without remedy.

5.4. The price of a duly completed consultation, obtaining the cast and the casting material consumed, or a completed positive / manufacturing model, is not refundable due to the Client's subsequent change of mind, termination of cooperation, a change in the animal's health or anatomy, the animal's death, or a defect in another separate part of the order. Each of these stages is assessed separately.

5.5. If the Client validly withdraws from the contract for the supply of the Device itself due to a defect in the Device, the financial settlement is based on the separately agreed price of the Device. The price of other completed, defect-free and separately ordered performances is not affected by such withdrawal.

5.6. Withdrawal from the contract for the Device is a remedy of last resort. Mere dissatisfaction, a change in expectations, an aesthetic objection, the need for an ordinary fitting adjustment, normal wear and tear, or a minor insignificant defect does not give rise to a right to a refund. Statutory rights in respect of an actual defect remain unaffected.

5.7. Any voluntary repair, new production, structural modification or financial compensation beyond the statutory obligation is an individual goodwill solution and does not in itself constitute acknowledgement of a defect or claim. Unless the law provides otherwise, return of the Device to the Manufacturer is a condition for refunding the price of the Device.

6. Proposed solution, modifications requested by the Client and cooperation

6.1. The Manufacturer designs the structural and biomechanical solution with regard to anatomy, limb stability, health condition, the animal's tolerance, the supporting documents and the intended functional objective. Complete elimination of lameness, restoration of physiological movement or complete acceptance of the Device by the animal cannot be guaranteed.

6.2. If the Client requests a solution different from the Manufacturer's written recommendation, the request, the recommended alternative and the foreseeable risks must be recorded in writing. The Manufacturer may refuse a risky modification. If, after proper instruction, the Client insists on a feasible modification, the Manufacturer is not liable for consequences of which the Client was specifically warned and which were caused by that modification; this does not affect liability for the Manufacturer's own defective workmanship.

6.2 a. The Manufacturer reserves the right to refuse a requested modification to the structure, biomechanical solution, extent of fixation or components used if, in the Manufacturer's professional assessment, it is dangerous, technically unsuitable, contrary to the original purpose of the Device, or capable of altering its stability, loading, service life, comfort or behaviour in motion. The Client is not entitled to a modification that conflicts with the Manufacturer's professional opinion.

6.3. The Client must provide truthful and complete information, the cooperation required for fitting and adjustments, and comply with the instructions, adaptation regimen and directions for application and tightening. Any change in health, swelling, atrophy, change in weight or other circumstance affecting the fit must be reported without undue delay.

6.4. Without the Manufacturer's prior written consent, the Client must not interfere with the load-bearing, fixation or biomechanical structure of the Device, in particular by cutting, grinding, drilling, heating, bending or bonding structural parts, removing or adding supports, joints, reinforcements, shells or platforms, or changing their position. The ordinary replacement of a consumable part expressly permitted by the instructions is not considered a structural intervention.

6.5. If the Client or a third party performs a structural intervention without the Manufacturer's written consent, any voluntary quality guarantee ceases to apply to the extent of the affected part and related consequences. The Manufacturer is not liable for any change in biomechanical behaviour, stability, fixation, comfort or service life, or for damage to the Device or other harm causally connected with that intervention.

6.6. A structural intervention may make it impossible to determine reliably the original condition and the cause of the reported problem. In such a case, the Client bears the consequences of being unable to prove that the problem existed independently of the intervention. Statutory rights arising from a demonstrable defect unrelated to the intervention or its consequences remain unaffected.

7. Delivery, transport and inspection

7.1. Unless otherwise agreed, the estimated production time is approximately 4 weeks from payment and delivery of complete and usable supporting documents. This is an estimate; the Manufacturer will inform the Client of any material extension. The Client's statutory rights in the event of delay remain unaffected.

7.2. Transport is generally arranged through Zásilkovna, Czech Post, PPL or another verified carrier; abroad, in particular UPS or DHL. The Client bears the transport costs unless the law or a written agreement provides otherwise. In the case of a justified complaint, the Manufacturer bears the reasonably incurred costs of taking over the item for the removal of the defect to the extent required by law.

7.3. The Client shall inspect the Device upon receipt and report any apparent discrepancies without undue delay. Failure to report them within a particular short period does not in itself deprive a consumer of statutory rights arising from defective performance.

8. Payment

8.1. Unless otherwise stated for a particular item, the price is payable in advance by bank transfer; in the case of an in-person consultation, cash payment may be agreed. The Manufacturer may invoice individual stages separately or itemise them clearly on a single invoice. Production of a given stage will begin once it has been paid for and the required supporting documents have been supplied.

8.2. Cash on delivery and deferred payment are not available unless otherwise agreed in writing.

9. Protection of documentation and photographs

9.1. The Manufacturer is entitled to document the Device, its production, fitting, servicing and any complaint to the extent necessary for performance of the contract, safety, protection of rights and compliance with statutory obligations. The use of photographs or videos for marketing requires separate consent if a person can be identified from them or where such consent is otherwise required.

10. Alternative dispute resolution

10.1. The Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, Czech Republic, www.coi.cz, is the competent authority for alternative resolution of consumer disputes. A consumer may apply to the Czech Trade Inspection Authority pursuant to Act No. 634/1992 Coll., on Consumer Protection.