I. BASIC PROVISIONS
These general terms and conditions ("Terms") govern the rights and obligations of you, as buyers, and Us as sellers in the contractual relations concluded through the E-shop on the website katekraus.com.
Entrepreneur: Ing. Katerina Krausova
Company ID: 11841494
with registered office: Stritez nad Becvou 157, postal code 75652 CZ
A natural person is doing business under the Trade Licensing Act not registered in the Commercial Register.
Telephone number: +420 732 506 072
(from now on referred to as the "seller")
II. SOME DEFINITIONS
The Price is the financial amount you will pay for the Goods;
The Price for transport is the monetary amount you will pay for the delivery of the Goods, including the prices for its packaging;
The total Price is the sum of the Price and the Price for transport;
The E-shop is an online store operated by Us at www.katekraus.com, where the purchase of the Goods will take place;
An invoice is a tax document issued by the Value Added Tax Act for the Total Price;
The Order is your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;
The Contract is a purchase contract agreed based on the procedures filled in by the Order sent via the E-shop and is concluded when you receive an Order confirmation from Us;
The goods are everything you can buy on the E-shop.
You are the person purchasing on our E-shop, referred to by law as the Buyer.
III. GENERAL PROVISIONS AND INSTRUCTIONS
Purchase of Goods is possible via the web interface of the E-shop.
When purchasing the Goods, you must request all information from Us correctly and truthfully. We will therefore consider the information we provided when ordering the Goods to be correct and accurate.
IV. A CONCLUSION OF THE CONTRACT
1. The Contract with Us can be concluded only in the Czech language or in English.
2. The Contract is concluded remotely via the E-shop, while you pay the costs of using distance communication. However, these costs do not differ in any way from the introductory rate you pay for the use of these funds (i.e., especially for Internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree that we use means of distance communication.
3. To conclude the Agreement, you need to create a draft Order on the E-shop. This proposal must include the following information:
3.1 Information about the purchased goods (in the E-shop, you mark the Goods you are interested in purchasing with the "Add to cart" button);
3.2 Information on the Price, Price for transport, method of payment of the Total Price and the required form of delivery of ordered Goods; this information will be entered within the creation of the draft Order within the user environment of the E-shop, while details about Price, Price for transport and the Total Price will is provided automatically based on your chosen Goods and the method of its delivery;
3.3 Our identification data used to deliver the Goods, in particular name, surname, delivery address, telephone number, and e-mail address;
3.4 In the case of a Contract based on which we will deliver the Goods to you regularly and repeatedly, also information on how long we will provide the Goods to you.
4. While creating the draft Order, he may change and control the data until its creation. After performing the check by pressing the "Order binding to payment" button, you create an Order. Before pressing the button, however, you must confirm your acquaintance and Agreement with these Conditions; otherwise, it will not be possible to create an Order. Use the check box to confirm and agree. After pressing the "Order binding for payment" button, I will send all completed information directly to Us.
5. We will confirm your Order to you as soon as possible after it has been delivered to us by a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Conditions. Once we confirm your Order, an Agreement is concluded between Us and you—the Conditions as amended as of the date of Order form an integral part of our Agreement.
6. There may also be cases when we are not able to confirm your Order. These are mainly situations where the Goods are not available or circumstances where you order a more significant number of pieces of Goods than is allowed by us. However, we will always provide you with information on the maximum number of Goods in advance within the E-shop and should therefore not be surprising. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In such a case, the Contract is completed when you confirm our request.
7. If a manifestly incorrect Price occurs in the E-shop or the draft Order, we are not obliged to deliver the Goods to you for this Price even if you have received an order confirmation and the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to complete a new Contract in an amended form compared to the Order. In such a case, the New Agreement is concluded when you confirm our request. If you do not authorize our offer within three days of its sending, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered, for example, a situation where the Price does not correspond to the usual Price at other sellers or a digit is missing or remaining.
8. If the Contract is concluded, you are obliged to pay the Total Price.
9. In some cases, we allow you to take advantage of a discount on the purchase of the Goods. To provide a discount, you need to fill in the details of this discount in a predetermined field within the Order proposal. If you do so, I will provide the Goods to you at a discount.
V. PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP RIGHT
1. The Price is always stated within the E-shop, in the draft Order, and, of course, in the Contract. In the event of a discrepancy between the Price indicated for the Goods within our E-shop and the Price stated in the draft Order, Price said in draft Order shall apply, which will always be the same as Price in the Contract. The draft Order also includes the Price for transport or the conditions when the carrier is free.
2. The total Price is stated, including VAT, including all fees stipulated by law.
3. We will demand payment of the Total Price from you after concluding the Contract and handing over the Goods. You can pay the total Price in the following ways:
3.1 By bank transfer. We will send you the information for making the payment as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within seven working days.
3.2 Cash on delivery. The Goods can be paid for in cash in the event of receipt at our premises. In the case of payment in cash upon personal collection, the total Price is payable upon receipt of the goods.
4. The invoice will be issued in electronic form after payment of the Total Price and sent to your e-mail address. The invoice will also be physically attached to the Goods.
5. Ownership of the Goods passes to you only after you have paid the Total Price and taken over the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting our account; in other cases, it is paid at the time of payment.
VI. WITHDRAWAL FROM THE CONTRACT
1. A buyer who has concluded a purchase contract outside his business (as the consumer) has the right to withdraw from the purchase contract.
2. The period for withdrawal from the Contract is 14 days:
2.1 from the date of receipt of the goods,
2.2 from the date of taking over the last delivery of goods, if the subject of the Contract is several types of goods or the delivery of several parts,
2.3 from the date of receipt of first goods delivery, if the subject of the Contract is the delivery of a common good.
3. The Buyer cannot, among other things, withdraw from the purchase contract:
3.1 provision of services, if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the Seller has informed the Buyer before concluding the Contract that in such a case he has no right to withdraw from the purchase contract,
3.2 on the delivery of goods that have been modified according to the Buyer's wishes or for his person.
4. To comply with the withdrawal period, the Buyer must send a statement of withdrawal within the withdrawal period.
5. The Buyer will send Withdrawal from the purchase contract to the e-mail or delivery address of the Seller specified in these terms and conditions. The Seller will confirm to the Buyer the receipt of the form without delay.
6. The Buyer who withdrew from the purchase contract must return the goods to the Seller within 14 days of withdrawal from the Contract. The Buyer bears all costs associated with the return of goods back to its Seller, even if the Buyer can not return these goods due to their nature by regular mail.
7. If the Buyer withdraws from the Contract, the Seller shall return to him immediately, but no later than within 14 days of withdrawal from the Contract, the funds for the goods received from the Buyer, in the same way. The Seller will return the funds in another way only if the Buyer agrees and does not incur additional costs.
8. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received before the Buyer's hands over the goods or proves that he sent the goods to the Seller.
9. The Buyer must return the goods to the Seller undamaged, unworn, and uncontaminated, including packaged gifts and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the Buyer's right to refund the purchase price.
10. The Seller is entitled to withdraw from purchase contract due to stock sale, unavailability of goods, or if the manufacturer, importer, or supplier of goods has interrupted the production or import of goods. The Seller immediately informs the Buyer via the e-mail address specified in the Order and returns within 14 days of notification of withdrawal from the purchase contract all funds received from him under the Contract, in the same way or the manner specified by the Buyer.
II. RIGHTS FROM DEFECTIVE PERFORMANCE
1. The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is accountable to the Buyer that at the time when the Buyer took over the goods:
- the goods are in the appropriate quantity, measure, or weight.
2. The Seller has obligations from an unsatisfactory performance at least to the extent that the commitments from defective execution of the manufacturer persist. The Buyer is otherwise entitled to exercise the right to a defect in consumer goods within 24 months of receipt.
3. In the event of a defect, the Buyer may submit a complaint to the Seller and request:
- exchange of goods (does not apply to original paintings),
- repair of goods,
- a reasonable discount from the purchase price,
- withdrawal from the purchase contract.
4. The Seller informs the Buyer in writing about the result of the complaint.
5. The right of unsatisfactory performance does not belong to the Buyer if the Buyer knew before taking over the thing that the thing has a defect or if the Buyer himself caused the fault.
6. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
VIII. FINAL PROVISIONS
1. If our and your legal relationship contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your legal rights.
2. We will deliver all written correspondence to you by e-mail. Our e-mail address is listed next to our identification data. We will deliver correspondence to your e-mail address specified in the Agreement or through which you contacted us.
3. All rights to the seller's website, in particular copyright to the content, including page layout, photos, graphics, trademarks, logos, and other content and elements, belong to the seller. It is forbidden to copy, modify, or otherwise use the website or any part thereof without the consent of the seller.
A sample form for a complaint and a sample form for withdrawal from the Contract is attached to the Conditions. The Agreement, including the Conditions, is archived in electronic form at Us but is not accessible to you. However, you will always receive these Terms and Conditions and the order confirmation with a summary of the Order by e-mail and you will therefore always have access to the Agreement even without our cooperation. We recommend that you always save the Order confirmation and the Conditions. Our activities are not affected by any codes of conduct according to §1826 par. 1 let. g) of the Civil Code.
These Conditions take effect on September 25, 2021.