General Terms & Conditions.
Head office: 160 00 Prague 6
Identification number: 87 33 33 33
For the sale of goods via the on-line shop at the internet address of www.kantu.cz
1 — BASIC PROVISIONS
1.1. These GTC govern the relationship between the parties to the contract, on the one side, Kantu represented by Jana Štumpová Konicarová, ID 87333333, registered office Vostrovská 1, Prague 6, 160 00 as vendor for the sale of goods on e-shop www.kantu.cz (hereinafter referred to as “Vendor”) regulate in line with § 1751, Para.1 of civil code no. 89/2012 col. (hereinafter “Civil code”) mutual rights and obligations of both parties arising from the purchase agreement (hereinafter “Purchase agreement”) between the vendor and the buyer of Kantu products (hereinafter “Buyer”). The consumer agrees to become familiar with these terms and conditions before he/she orders services or products (collectively “Products”). The e-shop is located on web pages www.kantu.cz (hereinafter “Web pages”). When ordering goods it shall be deemed that the Buyer understands these GTC and agree with them.
1.2. Agreements that differ from the GTC are possible to agree upon by a Purchase agreement. These overrule the agreements of the GTC.
1.3. The Vendor reserves the right to change the GTC. By this, the rights and obligations that came into existence during the period when previous GTC were valid, are not affected.
2 — USER ACCOUNT
2.1. On the basis of registration of Buyer’s account on the Web pages, a Buyer can access his/her user account from there he/she can order goods. (hereinafter “User’s account”). In case the Web pages allow it, the Buyer can order goods without prior registration.
2.2. At registration and when ordering goods Buyer must submit all data correctly and truthfully. Any changes in the stated data are required by the Buyer to be reflected in the User’s account. Personal data stated in the User account for ordering are considered by the Vendor to be correct.
2.3. In case the User account is password protected, the Buyer is bound to secrecy regarding the information necessary for access to the User account.
2.4. The Buyer is not permitted to give access to the User account to a third party.
2.5. The Vendor can cancel a User’s account, especially in case a Buyer is not using his/her User account in a period longer than 1 year or in the case a Buyer breaks his/her obligations from the Purchase agreement (including GTC).
2.6. The Buyer acknowledges that the User account is not available non-stop, due to necessary maintenance of hardware and software equipment by the Vendor or a third party.
3 — PURCHASE AGREEMENT
3.1. All presentation of goods displayed on the Web pages of the e-shop is of an informative nature and Vendor is not obliged to close the Purchase agreement regarding the displayed goods. Section §1732 Para.2 of Civil code will not be used.
3.2. Web pages contain information regarding the goods, including the prices of all goods and cost of shipping. Prices are inclusive of VAT. Prices are valid for the period that they are displayed on the Web pages. This section does not limit Vendor to closing Purchase agreement with individually negotiated terms.
3.3. Web pages of the e-shop include information about packing and shipping of the goods. Information about cost associated with packing and delivery of the goods stated on the Web pages are valid only in cases when the goods are delivered in stated countries.
3.4. For ordering of goods the Buyer fills in an ordering form containing information about:
3.4.1. Ordered goods which are placed in the shopping cart on the Web pages
3.4.2. Method of payment of price for purchased goods and preferred shipping and
3.4.3. Information regarding cost associated with delivery of the goods (hereinafter “Order”)
3.5. Before shipment of the Order to Buyer, the Vendor can check and change data filled in by the Buyer and has the option to correct mistakes that appear on placing the order. The Order is placed by clicking the button “Check out”. The information stated in the Order are considered by the Vendor to be correct. Vendor after receiving the Order confirms the Order to the Buyer without delay via an email address stated by the Buyer in the User account or in the Order.
3.6. Vendor is always allowed, depending on the character of the order (amount of goods, price, expected cost of shipping), to ask Buyer for additional confirmation of the Order (in writing or via a phone call).
3.7. Contractual obligations between Vendor and Buyer start with the delivery of confirmation of the Order (acceptance) which is sent by the Vendor to the Buyer’s email address.
3.8. Buyer agrees that costs incurred for closing the Purchase agreement (cost of internet connection, cost of phone call at regular rate) are covered by the Buyer.
4 — PRICE & PAYMENT CONDITIONS
4.1. Prices of goods and cost of shipping according to Purchase agreement can Buyer pay to Vendor in following ways:
- In cash, on delivery to a place specified by the Buyer in the Order;
- Direct debit using GoPay;
- With payment card;
- Using PayPal
4.2. Together with the price for goods, the Buyer is obliged to pay for the cost of shipment of the goods for the agreed amount. If not stated specifically otherwise, the purchase price includes the cost connected with delivery of the goods.
4.3. Vendor does not require a deposit, and by this statement does not affect article 4.6 of the GTC stating the obligation to pay for the goods in advance.
4.4. In the case of payment option Cash on delivery it is the purchasing price payable on collection of goods. In case of direct debit, the purchase price is due by 7 days of closing the Purchase agreement.
4.5. In the case of Direct debit, the Buyer is obliged to pay the purchase price together with stating the variable symbol of the payment. In the case of direct debit payment, the obligation of the Buyer is fulfilled by appearance of the given amount on the Vendor’s account.
4.6. Vendor is entitled to payment in advance in full before shipping of the goods to the Buyer. Article § 2119 Para. 1 of Civil Code is not used.
4.7. Possible discount offered by the Vendor to the Buyer cannot be mutually combined.
4.8. If it is in business contract usual or if it is generally stated by binding law, Vendor issues invoice or tax document. Vendor is not a payer of VAT. The invoice/Tax document Vendor is issued to the Buyer after receiving payment for the goods and it will be sent via email to his/her email address.
5 — CONTRACTUAl WITHDRAWAL
5.1. 1. Buyer takes into consideration that, according to article §1837 of Civil Code, it is not possible to withdraw from from Purchase agreement for delivery of goods, for goods that have been adjusted or customized by the Buyer for his/her person and changed from Purchase agreement, for perishable goods, for goods sealed in a cover that the Buyer removed, and which, for hygienic reasons is not possible to return, or from a Purchase agreement in which a music or video recording carrier has been taken out of its original sealed cover.
5.2. If the goods are not covered in a previous paragraph, or there is no other case which prevents withdrawal from the contract, then according to Civil Code, article § 1829 Para. 1, the Buyer can withdraw from the Purchase agreement within 14 days from accepting the goods. For withdrawal from the Purchase agreement, the Buyer can use the email address of the Vendor or the mailing address: Kantu, Vostrovská 1, Praha 160 00, Czech Republic.
5.3. In the case of withdrawal from Purchase agreement according to article 5.2., the Purchase agreement is cancelled completely. The goods must be returned to Vendor within 14 days of the cancellation date of Purchase agreement. If the contract is cancelled by the Buyer, then the Buyer covers the cost connected with returning of the goods, even in cases when goods cannot be returned due their character via regular postal services.
5.4. The Vendor is entitled to claim recovery for damages on goods and to calculate against the right of the Buyer for returning purchase price.
5.5. Until acceptance of goods by Buyer, the Vendor is entitled to withdraw from the Purchase agreement any time. In such a case, the Vendor returns the purchase price without unnecessary delay by direct debit to the account specified by the Buyer.
5.6. If a bonus gift is offered together with purchased goods, the Purchase agreement is agreed with the condition that if there is a withdrawal from the Purchase agreement by the Buyer, the deed of covenant for the gift is cancelled and the Buyer is obliged to return the gift together with the purchased goods.
6 — SHIPPING & DELIVERY OF GOODS
6.1. In the case that shipping is agreed on the basis of a special request, the Buyer carries the risk and eventual additional costs connected with this way of delivery.
6.2. If Vendor is obliged to deliver goods to a specified destination given by the Buyer, the Buyer is obliged to accept the goods when delivered.
6.3. In the case the goods need to be delivered repeatedly due the reasons caused by the Buyer or if the Vendor needs to deliver goods in a different way than was stated in the order, the Buyer is obliged to pay for the cost incurred with repeated delivery. In the case of disrupted or broken packaging, indicating unauthorized opening or tampering with the package, the Buyer is not obliged to accept the goods from the transport company.
6.4. Additional rights and obligations for both parties for shipping can be guided by special terms and conditions if they are published by Vendor.
7 — RIGHTS UPON BREACH OF TERMS & CONDITIONS
7.1. Rights and obligations resulting from breach of the Terms and Conditions are governed by the general terms and conditions of the Civil Code (especially Para.§ 1914 to 1925, § 2099 to 2117 and §2161 to 2174 of Civil code).
7.2. Vendor is guarantees the Buyer that there are no faults with the goods at the time of acceptance of the goods, namely:
7.2.1. The goods have the qualities that both parties agreed to or have qualities that Vendor described and the Buyer expected based on the description or advertising.
7.2.2. The goods serve the purpose that Vendor states or that the goods of a similar character are usually used for
7.2.3. The quality of the goods correspond with the given sample, if the qualities were agreed based on a sample
7.2.4. Goods are in corresponding quantity, weight and measurements
7.2.5. Goods are in accordance with legal regulations.
7.3. Previous articles will not be used in the case the goods are sold for lowered price due to reduced quality that led to the reduced price, for goods used at the time of sale, or given by the nature of the goods.
7.4. If a fault appears during a period of 6 months from the acceptance of the goods, it is understood that the goods were faulty already the time of acceptance. The Buyer is entitled to use the right resulting from fault on the consumer goods in a period of 24 months from accepting the goods.
7.5. The Buyer can apply his/her rights resulting from the breach of Terms & Conditions at the address of Vendor’s company or store. The moment of return is taken to be the moment when the returned goods were received by the Vendor from the Buyer.
7.6. Other rights and obligations resulting from of breach of the Terms and Conditions may be governed by the Refunds and Returns policy of Vendor.
8 — OTHER RIGHTS & REGULATIONS OF CONTRACTUAL PARTIES
8.1. Buyer gets ownership of the goods by payment of the price of goods in full.
8.2. Vendor is not bound to the Buyer by any code of conducts in the sense of § 1826 Para. 1. Letter e) of the Civil Code.
8.3. Consumer complaints can be filed to email address: email@example.com, whereby the Buyer will send a written complaint to the Vendor.
8.4. The Vendor is entitled to carry out the sale of the goods based on “Zivnostensky list” (business licence).
8.5. The Buyer takes on the risk of any change of conditions in the sense of § 1765 Para.2 of Civil Code.
9 — PRIVACY
9.1. Protection of the personal data of the Buyer, which is a physical person, is governed by Law No. 101/2000 col. regarding the Data Protection Act in line with later guidance.
9.2. The Buyer agrees to processing of the following personal data: name and surname, address, identification number, VAT number, email address, phone, further refered to as “Personal data”.)
9.3. The Buyer agrees to processing of Personal data by the Vendor for the purpose of realization of rights and obligations from the Purchase agreement and for the purpose of managing the User’s account. If the Buyer does not select another option, he/she agrees with the processing of Personal information to be used also for the purpose of sending commercial announcements and information by the Vendor.
9.4. The Buyer takes into consideration that he/she is obliged to submit Personal data correctly and truthfully and is obliged to inform the Vendor of any changes in Personal data without delay.
9.5. The Vendor can ask a third party to process Personal data of Buyer as a processing agent. Except for shipment to persons who deliver the goods, Personal data will not be disclosed to a third party without prior agreement of the Buyer.
9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated way or by non-automated printed form.
9.7. The Buyer confirms that Personal data given by him/her are correct and that he/she was informed about giving them voluntarily.
9.8. In the case the Buyer believes that Vendor or a third party processing his/her Personal data does so in a way that violates the privacy and protection of the Buyer’s personal life or is violating the law, he can:
9.8.1. Ask Vendor or third party for an explanation
9.8.2. Request the Vendor to remove it.
9.9. In the case the Buyer asks for information regarding processing of his/her Personal data, the Vendor is obliged to give this information. For this service, the Vendor can ask an acceptable price that does not exceed the cost necessary for providing the information.
10 — COMMERCIAL NOTICES & COOKIES
10.1. The Buyer agrees with sending of commercial information related to the goods, services or company to the Buyer’s email.
10.2. The Buyer agrees with the storing of cookies to his/her computer. In case it is possible to complete the online purhcase on the webpage and the Vendor can fulfill obligations from the Purchase agreement without saving cookies to the Buyer’s computer, the Buyer may at anytime cancel his/her agreement to from the previous sentence.
11 — FORWARDING
11.1. Correspondence may be directed and forwarded to the email address of the Buyer.
12 — CLOSING TERMS
12.1. In the case the Purchase agreement includes an international component, then parties agree that contractual proceedings are governed by Czech law.
12.2. If any of the paragraphs of these Terms and Conditions is not valid or not in effect, then invalid agreements will be replaced with valid ones or with articles that have the most similar meaning to these. Invalidity or ineffectuality of one point does not affect the other articles of the Terms and Conditions.
12.3. The purchase contract, including Terms and Conditions, is archived in electronic form by the Vendor and is not accessible.
12.4. Amendment to this contract is cause for termination of Purchase agreement.
12.5. Contact details of the Vendor are — Kantu, Vostrovska 1, Prague, Czech Republic; Email: firstname.lastname@example.org; Tel: +420 602 608 125.