Terms and Conditions

Kratochvíl spol. s.r.o.
Address: Bienerova 1532
Identification Number: CZ18623280
Email: sekretariat@kratochvil-elektro.cz
Phone: +420 312 500 611
Registered in the Commercial Register maintained by the Municipal Court in Prague under file number C 6303

For the sale of goods through the online store located at: kratochvil-elektro.com

TERMS AND CONDITIONS

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as "Terms and Conditions") of the company Kratochvíl spol. s r.o., with its registered office at Bienerova 1532, identification number: CZ18623280 (hereinafter referred to as "Seller"), govern in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contractual parties arising in connection with or based on a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another individual (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on a website located at the internet address kratochvil-elektro.com (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Web Interface of the Store").

1.2. The Terms and Conditions do not apply to cases where a person who intends 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 performance of a profession.

1.3. Provisions differing from the Terms and Conditions can be agreed upon in the Purchase Agreement. Differing provisions in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drafted in the Czech language. The Purchase Agreement can be concluded in the Czech language.

1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.

2. USER ACCOUNT

2.1. 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 the "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.

2.2. When registering on the Website and when ordering goods, the Buyer is required to provide correct and truthful information. The Buyer is obliged to update the information stated in the User Account in the event of any changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

2.3. 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.

2.4. The Buyer is not entitled to allow third parties to use the User Account.

2.5. The Buyer acknowledges that the User Account may not be available continuously, especially concerning the necessary maintenance of the hardware and software equipment of the Seller, or necessary maintenance of the hardware and software equipment of third parties.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentations of goods placed in the Web Interface of the Store are of an informative nature and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. The provisions of § 1732 paragraph 2 of the Civil Code shall not apply.

3.2. 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 such 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 Agreement under individually negotiated conditions.

3.3. The Web Interface of the Store also contains information about the costs associated with packaging and delivering the goods. Information about the costs associated with packaging and delivering the goods provided in the Web Interface of the Store applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer shall fill out the order form in the Web Interface of the Store. The order form contains, in particular, information about: 3.4.1. the ordered goods (the ordered goods are "inserted" by the Buyer into the electronic shopping cart of the Web Interface of the Store), 3.4.2. the method of payment of the purchase price of the goods, details on the required method of delivery of the ordered goods, and 3.4.3. information about the costs associated with the delivery of the goods (collectively referred to as the "Order").

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order by the Buyer, including with regard to the Buyer's ability to detect and correct errors made during the data entry into the Order. The Order is sent by the Buyer to the Seller by clicking on the "Send Order" button. The information provided in the Order is considered correct by the Seller. The Seller shall promptly confirm receipt of the Order to the Buyer by electronic mail, to the Buyer's email address specified in the User Account or in the Order (hereinafter referred to as the "Buyer's Email Address").

3.6. Depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).

3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by electronic mail, to the Buyer's Email Address.

3.8. The Buyer agrees to the use of remote communication means for concluding the Purchase Agreement. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer, and these costs do not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement can be paid by the Buyer to the Seller in the following ways:

In cash at the Seller's premises at Bienerova 1532; 274 01 Slaný or U Teplárny 1300; 509 01 Nová Paka;

In cash on delivery at the location specified by the Buyer in the Order;

4.2. Along with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivering the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3. The Seller does not require a deposit or any other similar payment from the Buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or payment on delivery, the purchase price is payable upon receipt of the goods.

4.5. The Seller is entitled, especially in cases where the Buyer does not provide additional confirmation of the Order (Article 3.6), to require the payment of the entire purchase price before sending the goods to the Buyer. The provisions of § 2119 paragraph 1 of the Civil Code shall not apply.

4.6. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other.

4.7. If it is customary in business transactions or if so stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer regarding payments made under the Purchase Agreement. The Seller is a payer of value-added tax. The tax document – invoice – shall be issued by the Seller to the Buyer after the payment of the price of the goods and sent in electronic form to the Buyer's Email Address.

4.8. According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, then within 48 hours.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that, pursuant to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from a Purchase Agreement for the supply of goods that have been customized according to the Buyer's wishes or for their person, from a Purchase Agreement for the supply of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from a Purchase Agreement for the supply of goods in a sealed package that the consumer has removed from the package and for hygienic reasons cannot be returned, and from a Purchase Agreement for the supply of audio or video recordings or computer programs if the original packaging has been breached.

5.2. If it is not a case referred to in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the Purchase Agreement, the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days of receiving the goods, whereby if the subject of the Purchase Agreement is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. The withdrawal from the Purchase Agreement can be sent by the Buyer to the address of the Seller's premises or to the Seller's email address obchod@kratochvil-elektro.cz.

5.3. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Purchase Agreement is canceled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by their nature by the usual postal route.

5.4. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase Agreement by the Buyer, in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer already when returning the goods by the Buyer or in another way if the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods have been sent to the Seller.

5.5. The Seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the Buyer's claim for a refund of the purchase price.

5.6. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time, until the goods are received by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, in a cashless manner to the account designated by the Buyer.

5.7. If the Buyer is provided with a gift together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutory condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement regarding such a gift loses its effectiveness, and the Buyer is obliged to return the provided gift to the Seller together with the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If 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.

6.2. If the Seller is obliged under the Purchase Agreement 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.

6.3. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a manner other than stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with another method of delivery.

6.4. When receiving 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, immediately notify the carrier. In the event of finding a breach of the packaging indicating unauthorized intrusion into the shipment, the Buyer is not obliged to take over the shipment from the carrier.

6.5. 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.

6.6. We ship most of the goods in stock immediately, no later than 14 days after receipt of the order. If for some reason this deadline cannot be met (goods are out of stock, defective, etc.), we will inform you immediately.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contractual parties regarding rights from defective performance are governed by the relevant binding legal regulations (particularly the provisions of §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller is liable to the Buyer that the item does not have defects at the time of receipt. In particular, the Seller is liable to the Buyer that the item:

7.2.1. conforms to the agreed description, type, quantity, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics,

7.2.2. is suitable for the purpose for which the Buyer requires it and which the Seller has agreed to, and

7.2.3. is delivered with the agreed accessories and instructions for use, including assembly or installation instructions.

7.3. The Seller is liable to the Buyer that in addition to the agreed characteristics:

7.3.1. the item is suitable for the purpose for which goods of this type are ordinarily used, taking into account the rights of third parties, legal regulations, technical standards, or industry codes of conduct, if there are no technical standards,

7.3.2. the item in terms of quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, meets the usual characteristics of items of the same type that the Buyer can reasonably expect, considering any public statements made by the Seller or another person in the same contractual chain, especially advertising or labeling, unless the Seller proves that they were not aware of it or that it was amended in a comparable manner at the time of the conclusion of the Purchase Agreement, or that it could not have affected the decision to purchase,

7.3.3. the item is delivered with accessories, including packaging, assembly instructions, and other instructions for use that the Buyer can reasonably expect, and

7.3.4. the item corresponds in quality or execution to the sample or model provided by the Seller to the Buyer before the conclusion of the Purchase Agreement.

7.4. The provisions of Article 7.3 of the Terms and Conditions shall not apply if the Seller specifically informed the Buyer before the conclusion of the Purchase Agreement that some characteristic of the item differs, and the Buyer expressly agreed to this when concluding the Purchase Agreement.

7.5. If a defect manifests within one year from receipt, it is presumed that the item was defective at the time of receipt, unless the nature of the item or defect excludes this. This period does not run during the time when the Buyer cannot use the item if they have legitimately pointed out the defect.

7.6. The Buyer may point out a defect that manifests within two years from receipt. If the object of purchase is an item with digital features and digital content or a digital content service is to be provided continuously for a certain period according to the Purchase Agreement, the Buyer may point out a defect that occurs or manifests during this period of two years from receipt. If the performance is to be provided for a period longer than two years, the Buyer has the right to address a defect that occurs or manifests during this time. If the Buyer has legitimately pointed out a defect to the Seller, the period for pointing out the defect does not run during the time when the Buyer cannot use the item.

7.7. If the item has a defect, the Buyer may request its removal. At their choice, the Buyer may request the delivery of a new defect-free item or repair of the item, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other; this is assessed particularly with regard to the significance of the defect, the value the item would have without the defect, and whether the defect can be removed by the other method without significant inconvenience to the Buyer. The Seller may refuse to remove the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the item would have without the defect.

7.8. The Seller will remove the defect within a reasonable time after it has been pointed out, so as not to cause significant inconvenience to the Buyer, considering the nature of the item and the purpose for which the Buyer purchased it. To remove the defect, the Seller will take the item at their own expense. If disassembly of the item is required, whose assembly was carried out in accordance with the nature and purpose of the item before the defect manifested, the Seller will carry out the disassembly of the defective item and the assembly of the repaired or new item, or cover the costs associated with it.

7.9. The Buyer may request a reasonable discount or withdraw from the Purchase Agreement if:

7.9.1. the Seller has refused to remove the defect or has not removed it in accordance with Article 7.8 of the Terms and Conditions,

7.9.2. the defect manifests repeatedly,

7.9.3. the defect is a fundamental breach of the Purchase Agreement, or

7.9.4. it is apparent from the Seller's statements or the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the Buyer.

7.10. If the defect of the item is insignificant, the Buyer cannot withdraw from the Purchase Agreement (in the sense of Article 7.9 of the Terms and Conditions); the defect of the item is considered not insignificant. If the Buyer withdraws from the Purchase Agreement, the Seller will return the purchase price to the Buyer without undue delay after receiving the item or after the Buyer proves that they have sent the item.

7.11. A defect may be pointed out to the Seller from whom the item was purchased. However, if a different person is designated for the repair, who is located at the Seller’s location or closer to the Buyer, the Buyer should point out the defect to the person designated for the repair.

7.12. Except in cases where a different person is designated for the repair, the Seller is obliged to accept the complaint at any of their premises where the acceptance of the complaint is possible given the range of products sold or services provided, or even at their registered office. The Seller is obliged to issue the Buyer a written confirmation when a complaint is made, stating the date when the Buyer made the complaint, its content, the manner in which the complaint will be handled as requested by the Buyer, and the Buyer’s contact details for the purpose of providing information about the resolution of the complaint. This obligation also applies to other persons designated for the repair.

7.13. Complaints, including defect removal, must be resolved and the Buyer informed about it no later than thirty (30) days from the date of the complaint, unless the Seller agrees with the Buyer on a longer period. If the obligation involves providing digital content, including digital content provided on a tangible medium, or a digital content service, the complaint must be resolved within a reasonable time, considering the nature of the digital content or service and the purpose for which the Buyer requested it.

7.14. After the expiration of the period according to Article 7.13 of the Terms and Conditions, the Buyer may withdraw from the Purchase Agreement or request a reasonable discount.

7.15. The Seller is obliged to issue the Buyer a confirmation of the date and manner of handling the complaint, including confirmation of the repair, and the duration of the repair, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated for the repair.

7.16. Rights from liability for defects in goods can be specifically asserted by the Buyer particularly with the contacts listed, or by email at obchod@kratochvil-elektro.cz.

7.17. Anyone who has the right to defective performance is also entitled to compensation for costs reasonably incurred in asserting this right. However, if the Buyer does not assert the right to compensation within one month after the expiration of the period within which the defect must be pointed out, the court will not grant the right if the Seller objects that the right to compensation was not asserted in time.

7.18. Additional rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaint handling rules.

7.19. The Seller or another person may provide the Buyer with a quality guarantee beyond their statutory rights from defective performance.

8. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of § 1826 paragraph 1 letter e) of the Civil Code.

8.3. Complaints from consumers are handled by the Seller via the email address obchod@kratochvil-elektro.cz. The Seller will send information about the resolution of the complaint to the Buyer’s email address.

8.4. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes from the Purchase Agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the Seller and the Buyer from the Purchase Agreement.

8.5. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

8.6. The Seller is authorized to sell goods based on a trade license. Trade supervision is carried out by the relevant trade licensing authority within its scope of responsibility. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within the defined scope.

8.7. The Buyer assumes the risk of change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. The Seller fulfills its information obligations to the Buyer in accordance with Article 13 of Regulation (EU) 2016/679 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR”) concerning the processing of the Buyer’s personal data for the purposes of fulfilling the Purchase Agreement, for the purposes of negotiating the Purchase Agreement, and for fulfilling the Seller’s public law obligations through a separate document.

10. SENDING OF COMMERCIAL COMMUNICATIONS AND COOKIE STORAGE

10.1. The Buyer agrees, in accordance with § 7 paragraph 2 of Act No. 480/2004 Coll., on Certain Information Society Services and Amending Certain Acts (Act on Certain Information Society Services), as amended, to receive commercial communications from the Seller to the Buyer’s email address or phone number. The Seller fulfills its information obligations to the Buyer regarding the processing of the Buyer’s personal data for the purpose of sending commercial communications under Article 13 of the GDPR through a separate document.

10.2. The Buyer agrees to the storage of cookies on their computer. If it is possible to make a purchase on the website and fulfill the Seller’s obligations from the Purchase Agreement without storing cookies on the Buyer’s computer, the Buyer may withdraw their consent to cookies at any time.

11. DELIVERY

11.1. The Buyer may receive communications at the Buyer’s email address.

12. FINAL PROVISIONS

12.1. If the relationship established by the Purchase Agreement involves an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This choice of law does not deprive a consumer Buyer of the protection provided by mandatory legal provisions, which cannot be contractually deviated from, and which would otherwise apply according to Article 6 paragraph 1 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of June 17, 2008, on the law applicable to contractual obligations (Rome I).

12.2. If any provision of these terms and conditions is invalid or ineffective, or becomes so, it shall be replaced by a provision that most closely reflects the meaning of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

12.3. The Purchase Agreement, including these terms and conditions, is archived by the Seller in electronic form and is not accessible.

Slaný, Czech Republic
24/07/2024