TERMS AND CONDITIONS
For the sale of goods through the online store located at www.kow.cz
INTRODUCTORY PROVISIONS
These terms and conditions (hereinafter referred to as “terms and conditions”) of the trading company (hereinafter referred to as “seller”) regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as “purchase contract”) concluded between the seller Jaroslav Kučera, with its registered office at Na kopečku 9, Prague 8, 18000, IČO: 04312473 and another natural person (hereinafter referred to as “buyer”) through the seller’s online store. The online store is operated by the seller on the website located at the internet address www.kow.cz (hereinafter referred to as “website”), through the interface of the website (hereinafter referred to as “web interface of the store”). The terms and conditions do not apply to cases where a person intending to purchase goods from the seller is a legal entity or a person acting in the course of ordering goods within their business activity or within their independent exercise of profession. Deviating provisions from the terms and conditions may be agreed in the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of the terms and conditions. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous wording of the terms and conditions.
USER ACCOUNT
Based on the buyer’s registration on the website, the buyer can access their user interface. From their user interface, the buyer can order goods (hereinafter referred to as “user account”). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store. When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The data provided in the user account is to be updated by the buyer upon any changes. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account. The buyer is not entitled to allow the use of the user account by third parties. The seller may cancel the user account, especially if the buyer does not use their user account for more than 1 year, or if the buyer violates their obligations under the purchase contract (including the terms and conditions). The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the seller, or necessary maintenance of the hardware and software equipment of third parties.
CONCLUSION OF THE PURCHASE CONTRACT
All presentations of goods placed in the web interface of the store are informative and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732 paragraph 2 of the Civil Code do not apply. 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 these goods by their nature cannot be returned by the usual postal route. The prices of the goods are inclusive of value-added tax and all related fees. The prices of the goods remain valid for the period they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed conditions. The web interface of the store also contains information about the costs associated with packaging and delivering the goods. The information about the costs associated with packaging and delivering the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic. To order goods, the buyer fills out the order form in the web interface of the store. The order form contains, in particular, information about:
- the ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),
- the method of payment of the purchase price of the goods, details about the required method of delivery of the ordered goods, and
- information about the costs associated with the delivery of the goods (hereinafter collectively referred to as “order”).
Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order, taking into account the possibility of the buyer detecting and correcting errors made when entering data into the order. The buyer sends the order to the seller by clicking the “Order” button. The data provided in the order are considered correct by the seller. The seller will immediately confirm the receipt of the order to the buyer by electronic mail, to the buyer’s email address provided in the user account or in the order (hereinafter referred to as “buyer’s email address”). The seller is always entitled to request additional confirmation of the order (e.g., in writing or by phone) depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transportation costs). The contractual relationship between the seller and the buyer arises upon the delivery of the order acceptance (confirmation), which is sent by the seller to the buyer by electronic mail, to the buyer’s email address. The buyer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of phone calls) are borne by the buyer themselves, while these costs do not differ from the basic rate.
PRICE OF GOODS AND PAYMENT CONDITIONS
The price of the goods and any costs associated with the delivery of goods under the purchase contract can be paid by the buyer to the seller in the following ways:
- Payment by card.
- Payment by Google Pay.
Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods. In the case of cash payment or payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 3 days of the conclusion of the purchase contract. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s account. The seller is entitled, especially if the buyer does not confirm the order additionally, to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119 paragraph 1 of the Civil Code do not apply. Any discounts on the price of goods provided by the seller to the buyer cannot be combined. If it is customary in business or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – an invoice regarding payments made under the purchase contract to the buyer. The seller is not a value-added tax payer. The tax document – the invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer’s email address.
WITHDRAWAL FROM THE PURCHASE CONTRACT
If you are a Buyer – Consumer, you have the right to withdraw from the purchase contract without giving any reason and without any penalty within 14 days from the date of receipt of the goods. Your notice of withdrawal from the purchase contract must be delivered to us within this period; you can send it to the address of my establishment or to the email address provided in the contacts. By withdrawing from the purchase contract, the purchase contract is canceled from the beginning. The consequence of canceling the purchase contract is our mutual obligation to return the provided performance. However, if we are to refund the full purchase price, the goods must be returned in their original condition, not used, worn, or damaged in any way, with all tags attached to the goods and, if possible, in the original packaging. Please send the goods to us along with the notice of withdrawal, no later than 5 days from your withdrawal from the purchase contract. Goods cannot be returned on cash on delivery, any such returned goods will not be accepted, and the goods will be sent back to you at your expense. Within 15 days of returning the goods, we will inspect the returned goods, especially to determine whether the goods are returned undamaged and unused. Subsequently, within 10 days from this inspection, but no later than 30 days from your delivered withdrawal from the purchase contract, we will refund the purchase price to you, according to the procedure specified in Article 13. Please note that if the returned goods are damaged or worn, we are entitled to compensation for damage or substitute financial performance, which we are entitled to set off unilaterally against the claim for a refund of the purchase price. This means, for example, that if the goods are damaged, you will not be refunded the full purchase price. If a gift was provided to you together with the goods, the gift contract between us is concluded with a condition that if you exercise your right to withdraw from the purchase contract, the gift contract loses its effect and you are obliged to return the provided gift together with the goods. The costs associated with returning the goods are borne by the Buyer. The right to withdraw from the purchase contract does not apply in cases where goods are supplied that have been modified according to the Buyer’s wishes, as well as in the cases stipulated by Section 1837 of the Civil Code. You have the right to withdraw from the contract within 14 days, even if you have ordered the goods online and chosen the option of personal pickup. If the returned goods are damaged or worn, the Seller is entitled to compensation for the damage suffered, which they are entitled to set off unilaterally against the Buyer’s claim for a refund of the purchase price.
TRANSPORT AND DELIVERY OF GOODS
In the event that the mode of transport is agreed upon based on the Buyer’s special request, the Buyer bears the risk and any additional costs associated with this mode of transport. If, under the purchase contract, the Seller is obliged to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. In the event that for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods, and in case of any defects, notify the carrier immediately. In the event of a finding of a violation of the packaging indicating unauthorized entry into the shipment, the Buyer is not obliged to take over the shipment from the carrier. Other rights and obligations of the parties in the transport of goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.
RIGHTS FROM DEFECTIVE PERFORMANCE
The rights and obligations of the contracting parties regarding the rights from defective performance are governed by the relevant generally binding regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code). The Seller is responsible to the Buyer for ensuring that the goods are free from defects upon receipt. In particular, the Seller is responsible to the Buyer that, at the time the Buyer took over the goods:
- the goods have the properties agreed upon by the parties and, if such an agreement is lacking, those properties which the Seller or manufacturer described or which the Buyer expected concerning the nature of the goods and based on advertising,
- the goods are suitable for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
- the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are in the appropriate quantity, measure, or weight, and
- the goods comply with the requirements of legal regulations.
If a defect becomes apparent within six months of receipt, the goods are presumed to have been defective upon receipt. The Buyer is entitled to exercise the right to claim a defect that occurs in consumer goods within twenty-four months of receipt. The provisions of the previous sentence do not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the level of use or wear which the goods had upon receipt by the Buyer, or if it results from the nature of the goods. The right from defective performance does not belong to the Buyer if the Buyer knew before taking over the goods that the goods had a defect, or if the Buyer caused the defect himself. Rights from defective performance are exercised by the Buyer with the Seller at the address of his establishment where the acceptance of the complaint is possible with regard to the range of goods sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer is considered the moment of exercising the complaint. Other rights and obligations of the parties related to the Seller’s liability for defects can be regulated by the Seller’s complaint procedure.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The Buyer acquires ownership of the goods by paying the entire purchase price of the goods. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826 paragraph 1 letter e) of the Civil Code. The handling of consumer complaints is provided by the Seller via the electronic address info@kow.cz. The Seller will send information about the settlement of the Buyer’s complaint to the Buyer’s electronic address. The Seller is entitled to sell goods based on a trade license. Trade control is carried out by the relevant trade licensing office within its competence. The supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
FINAL PROVISIONS
If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights arising from generally binding legal regulations. If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision will 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 other provisions. The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible. The appendix to the terms and conditions is a template form for withdrawal from the purchase contract. Contact details of the Seller: info@kow.cz