At Ketom s.r.o.
With its registered office circular 239/5, Ústí nad Labem, 40001
Identification number: 05176735
Registered in the commercial register kept at the regional court in Ústí nad Labem, C 37710
For the sale of goods through an online store located on the Internet address:
www.ketom.cz, (the “website”)
- These Terms and conditions (the “Terms and Conditions”) of the commercial company Ketom S.R.O., with its registered office circular 239/5, Ústí nad Labem, identification number: 05176735, registered in the commercial register kept by the regional court in Ústí nad Labem, C 37710 (hereinafter ” The seller “) govern in accordance with § 1751 paragraph. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”) mutual rights and obligations of the Parties arising in connection with or on the basis of a purchase contract (“Purchase contract”) concluded between the seller 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 through the website interface (the “Web interface of the store”).
- The terms and conditions do not apply to cases where the person intending to purchase the goods from the seller is a legal person or a person acting in order to order the goods in the course of their business or in their independent pursuit of the profession.
- Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating arrangements in the contract of sale shall prevail 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 may be concluded in the Czech language or English language.
- The seller may amend or supplement the wording of the terms and conditions. This provision shall not affect the rights and obligations arising during the effective period of the previous version of the terms.
- On the basis of the buyer’s registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (the “user account”). In the event that the Web interface of the store allows, the buyer can also order goods without registering directly from the Web interface of the store.
- When registering on the website and when ordering the goods, the buyer is obliged to accurately and accurately disclose all data. The buyer is obliged to update the data provided in the user account upon any change. The information provided by the buyer in the user account and when ordering the goods is considered correct by the seller.
- Access to the user account is secured by a user name and password. The buyer must maintain confidentiality regarding the information necessary to access his/her user account.
- The buyer is not entitled to allow third parties to use the user account.
- The seller may cancel the user account, especially if the buyer does not use his user account for a long time or if the buyer breaches his obligations under the purchase contract (including the terms and conditions).
- Buyer acknowledges that the user account may not be available continuously, especially with respect to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of 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 for such goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
- The web interface of the store contains information about the goods, including the indication of the prices of the individual goods and the cost of returning the goods, if the goods by their nature cannot be returned by the usual postal route. The prices of the goods are listed including the value added tax and all related charges. The prices of the goods remain valid as long as 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 negotiated terms.
- The store’s web interface also includes information about the costs associated with packaging and delivering the goods. Information on the costs associated with packaging and delivery of goods is provided in the Web interface of the store. This does not prevent the purchaser from supplementing the delivery terms with the seller by email.
- Pro objednání zboží vyplní kupující objednávkový formulář ve webovém rozhraní obchodu. Objednávkový formulář obsahuje zejména informace o:
- Ordered goods (the ordered goods “insert” the buyer into the electronic shopping cart web interface of the store),
- Method of payment of the purchase price of the goods, details of the requested method of delivery of the
- Information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”).
- Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer placed in the order, even with regard to the possibility of the purchaser to detect and correct errors arising when entering the data into the order. The buyer will send the order to the seller by clicking on the “Confirm order” button. The information given in the order is considered correct by the seller. Immediately upon receipt of the order, the seller confirms such receipt to the buyer by electronic mail, at the e-mail address of the purchaser specified in the user account or in the order (hereinafter referred to as the “electronic address of the purchaser”).
- The seller is always entitled, depending on the nature of the order (quantity of goods, amount of purchase price, estimated cost of transport) to ask the buyer for additional confirmation of the order (e.g. in writing or by telephone).
- The contractual relationship between the seller and the buyer arises by receiving an order acceptance (acceptance), which is sent by the seller to the buyer by electronic mail, to the e-mail address of the purchaser.
- The buyer agrees to use the means of distance communication when concluding the purchase contract. Costs incurred by the purchaser when using distance communication in connection with the conclusion of the purchase contract (Internet connection costs, telephone costs) are borne by the purchaser himself, and these costs do not differ from the basic rate.
PRICE OF GOODS AND PAYMENT TERMS
- The buyer may pay the price of goods and any costs associated with the delivery of goods according to the purchase contract in the following ways:
☐ Cash on delivery at the location specified by the buyer in the order;
☐ Transfer to the account (the “seller’s account”);
- 2201018185/2010 v CZK měně;
BIC/SWIFT: FIOBCZPPXXX vedený u společnosti Fio banka a.s.224481798/0600 v CZK měně;
vedený u společnosti Moneta Money Bank a.s.
- 2501323827/2010 v EUR měně;
BIC/SWIFT: FIOBCZPPXXX vedený u společnosti Fio banka a.s.
☐ by direct debit through the payment system;
- Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods shall also be understood.
- The seller does not require a deposit or other similar payment from the buyer. This shall not affect the provisions of article 4.6 The terms and conditions regarding the obligation to pay the purchase price in advance.
- In the case of cash payment or payment on delivery, the purchase price is payable upon receipt of the goods. In case of non-cash payment, the purchase price is due within 4 days of the conclusion of the purchase contract.
- In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of payment. In case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled upon crediting the seller’s account.
- The seller is entitled, especially if the buyer does not have additional confirmation of the order (art. 3.6), require payment of the entire purchase price before the goods are shipped to the buyer. The provisions of § 2119 para. 1 of the Civil Code shall not apply.
- Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
- If it is customary in the course of trade or if it is provided by generally binding legal regulations, the seller shall issue a tax document – Invoice for payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax Document – The invoice is issued by the seller to the buyer after the goods are paid and sent in electronic form to the buyer’s e-mail address.
- For C.O.D. shipments that are directed outside of the Czech Republic, which uses currencies other than those offered by the store, the buyer agrees that the seller or carrier to collect cash is using the current exchange rate according to the current rates on the Internet. The buyer agrees to a possible exchange rate deviation. The buyer has a choice whether to pay the exact amount of the current amount by transfer or take the conversion risk.
- Advance payments to the bank account must be made in CZK only to the account for the denominated in this currency and in EUR to the account denominated in that currency.
☐ Non-cash payment card
☐ by bank transfer to the seller’s account
WITHDRAWAL FROM THE PURCHASE CONTRACT
- The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the delivery of goods, which have been adjusted according to the buyer’s wish or for his person, from the purchase contract for the delivery of perishable goods, as well as Goods which have been irrecoverably mixed with other goods after delivery, from the purchase contract for the supply of sealed goods, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return it and from the purchase contract for the delivery of audio or video recordings or Computer program if it has violated their original packaging.
- If this is not the case referred to in article 5.1. Or another case where the purchase contract cannot be withdrawn, the buyer shall, in accordance with § 1829 para. 1 Civil Code the right to withdraw from the purchase contract, within fourteen (14) days of receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. The buyer may have used the contact form provided by the seller to withdraw from the purchase contract. The buyer may send the withdrawal from the purchase contract to the seller’s premises or to the seller’s e-mail address.
- In the event of withdrawal from the sales contract pursuant to art. 5.2 The sales contract is cancelled from the outset. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the purchaser resigns from the purchase contract, the purchaser bears the costs associated with returning the goods to the seller, even if the goods cannot be returned for their nature by the usual postal route.
- In the event of withdrawal from the contract pursuant to art. 5.2 The Seller shall return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer in the same manner as the seller has accepted from the buyer. The seller is also entitled to return the services provided by the buyer when returning the goods by the buyer or otherwise, if the buyer agrees to the buyer and will not incur additional costs. If the buyer resigns from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods were sent to the seller.
- The seller is entitled to unilaterally count against the buyer’s claim for reimbursement of the purchase price.
- Until the goods are acquired by the buyer, the seller is entitled to withdraw from the contract at any time. In this case, the seller will return the purchase price to the buyer without undue delay, namely a non-cash payment to the account specified by the buyer.
- If, together with the goods, a gift is provided to the buyer, the donation contract between the seller and the buyer is concluded with a cancellation condition, that if the purchase contract is withdrawn by the purchaser, the donation agreement for such an effective gift is lost and the purchaser is obliged to return the provided gift with the merchandise to the seller.
TRANSPORT AND DELIVERY OF GOODS
- In the event that the method of transport is contracted on the basis of a special request by the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
- If the seller under the purchase contract is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take the goods on delivery.
- If, for reasons on the buyer’s part, the goods are to be delivered repeatedly or in any other way than indicated in the order, the buyer is obliged to reimburse the costs associated with the repeated delivery of the goods, respectively. Costs associated with other delivery method.
- Upon receipt of goods from the shipper, the buyer must check the integrity of the packaging of goods and in case of any defects immediately notify the carrier. In the event of a breach of the package indicating unauthorised intrusion into the consignment, the buyer may not accept the shipment from the shipper.
- Other rights and obligations of the parties in the carriage of goods may modify the special delivery conditions of the seller if they are issued by the seller.
RIGHTS FROM DEFECTIVE PERFORMANCE
- The rights and obligations of the Contracting Parties concerning rights arising from defective performance shall be governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, Amended).
- Prodávající odpovídá kupujícímu, že zboží při převzetí nemá vady. Zejména prodávající odpovídá kupujícímu, že v době, kdy kupující zboží převzal:
- The goods have the characteristics which the parties have negotiated and, in the absence of the arrangement, the characteristics which the seller or the manufacturer has described or which the purchaser has expected with regard to the nature of the goods and the advertising they perform,
- The goods are suitable for the purpose for which the seller refers or to which goods of this kind are normally used,
- The goods conform to the quality or execution of the contracted sample or template, provided that the grade or design has been determined according to the agreed sample or template,
- The goods are in the appropriate quantity, scale or weight, and
- Complies with the requirements of the legislation.
- The provisions referred to in article 7.2. The commercial terms and conditions shall not apply to goods sold at a lower price to a defect for which the lower price was negotiated, to wear goods due to its normal use, to the used goods to the defect corresponding to the level of usage or wear which the goods had in Acceptance by the purchaser, or if it arises from the nature of the goods.
- If the defect is manifested within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. The purchaser is entitled to claim the right of defects occurring in the consumer goods during the twenty-four months following receipt.
- The buyer applies the rights from the defective performance to the seller at the address of his establishment, in which the acceptance of the complaint is possible with respect to the assortment of goods sold, possibly also at the seat or place of business. The moment when the claim is claimed is considered the moment when the seller received the goods from the buyer.
- Other rights and obligations of the parties relating to the seller’s liability for defects may modify the seller’s complaint rules.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The purchaser acquires ownership of the goods by paying the entire purchase price.
- The seller is not bound in relation to the buyer by any codes of conduct within the meaning of the provisions of § 1826 para. (1) (e) The Civil Code.
- The extrajudicial settlement of consumer disputes arising from the purchase contract is The relevant Czech trade inspection, with its registered office štěpánská 567/15, 120 00 Praha 2, Company ID: 000 20 869, Internet address: http://www.coi.cz.
- The seller is entitled to sell the goods on the basis of a trade licence. The Trade Licensing authority shall, within its jurisdiction, carry out a commercial inspection. Supervision of Personal data protection is exercised by the Office for the protection of personal data. The Czech Trade Inspectorate carries out, to the extent defined, supervision of compliance with the Act No. 634/1992 Coll., on Consumer protection, as amended.
- The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para. 2 of the Civil Code.
- The protection of personal data of the buyer, which is a natural person, is provided by Act No. 101/2000 Coll., on the protection of Personal data, as amended.
- The buyer agrees to the processing of their personal data: First and last name, home address, identification number, tax identification number, e-mail address, telephone number (a) (collectively, all as “personal data”).
- The buyer agrees to the processing of personal data by the seller for the purpose of implementing the rights and obligations of the purchase contract and for the purpose of maintaining the user account. If the buyer does not elect another option, it agrees to the processing of personal data by the seller also for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety pursuant to this article is not a condition which would in itself preclude the conclusion of a purchase contract.
- The buyer acknowledges that he is obliged to state his personal data (when registering, in his user account, when ordering from the Web interface of the store) correctly and truer and that he is obliged to inform the seller of the change in his Personal data.
- The seller may delegate the processing of personal data of the buyer to a third party as a processor. In addition to the persons transporting the goods, the seller will not disclose personal data to third parties without the buyer’s prior consent.
- Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
- The buyer confirms that the personal data provided is accurate and that it has been instructed that it is a voluntary provision of personal data.
- V případě, že by se kupující domníval, že prodávající nebo zpracovatel (čl. 9.5) provádí zpracování jeho osobních údajů, které je v rozporu s ochranou soukromého a osobního života kupujícího nebo v rozporu se zákonem, zejména jsou-li osobní údaje nepřesné s ohledem na účel jejich zpracování, může:
- Ask the seller or the processor for clarification,
- Require the seller or processor to remedy the condition thus created.
- If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to provide information under the preceding sentence to require reasonable compensation not exceeding the costs necessary to provide the information.
SENDING BUSINESS MESSAGES AND STORING COOKIES
- The buyer agrees to receive information related to the seller’s goods, services or business to the buyer’s e-mail address and also agrees to receive commercial communications from the seller to the buyer’s e-mail address.
- The buyer agrees to save the so-called Cookies on his computer. In the event that the purchase on the website can be made and the seller’s obligations to fulfill the purchase contract, without imposing the so-called. Cookies on the buyer’s computer, the buyer may revoke the consent under the previous sentence at any time.
- The buyer may be delivered to the buyer’s e-mail address.
- If the relationship established by the purchase Agreement contains an international (foreign) element, then the parties negotiate that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from generally binding legislation.
- If any provision of the terms and conditions is invalid or ineffective, or becomes such, instead of the invalid provisions, the provision whose meaning is invalid provision approximates as closely as possible. 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 annex to the terms and conditions form a model for withdrawal from the purchase contract.
- Contact details of the seller: Address for service circular 239/5, Ústí nad Labem, e-mail address info (at) ketom. CZ, phone + 420 778 808 123.
V Ústí nad Labem