Terms of Service
I. Basic provisions
1. These Terms of Service (hereinafter referred to as "Terms") are issued in accordance with § 1751 et seq. Act No. 89/2012 Coll., Civil Code (hereinafter the "Civil Code")
VAT ID: CZ26978890
with registered office: Ořechovská 265, 664 46 Prštice, Czech Republic
entered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 49515
Telephone number: +420 602 765 785
(hereinafter referred to as the "seller")
2. These Terms govern the basic rights and obligations of the seller and an individual who enters into a purchase contract outside his business as a consumer or within his business (hereinafter "buyer") through a web interface located on a website available on the Internet address www.kodakids.com (hereinafter referred to as the "online store").
3. The provisions of the Terms are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these Terms.
4. These Terms and the purchase contract are concluded in English.
II. Information on goods and prices
1. Information about the goods, including the prices of individual goods and their main properties are given for individual goods in the online store catalog. The prices of goods are listed including value added tax, and including all related fees. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.
2. All presentation of goods placed in the online store catalog is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.
3. Information on the costs associated with the packaging and delivery of goods is published in the online store. Information on costs associated with packaging and delivery of goods listed in the online store is valid only in cases where the goods are delivered to the countries listed in the menu in the drop-down bar, which is displayed in step 2 during the ordering process.
4. If the country of the buyer is not listed in the drop-down list, it is possible to agree on the conditions of packaging and transport by e-mail or telephone, i.e. if the country allows to receive packages from abroad and there is transport that could be ordered for this purpose.
5. Any discounts on the purchase price of goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.
III. Ordering and concluding a purchase contract
1. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne by the buyer himself.
2. The buyer orders the goods by filling out an order form.
3. When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking on the Confirm Order button. The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation from the buyer that he has read these Terms.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. The purchase contract is concluded only after the acceptance of the order by the seller. Notice of receipt of the order is delivered to the buyer's email address. This confirmation is considered to be the conclusion of the contract. The purchase contract is concluded by confirming the order by the seller to the email address of the buyer.
6. In the event that any of the requirements specified in the order cannot be met by the seller, he will send the amended offer to the buyer's email address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by the buyer's confirmation of acceptance of this offer to the seller to his email address email@example.com.
7. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer can cancel the order by phone to the phone number +420 602 765 785 or by email to seller email address firstname.lastname@example.org.
8. In the event that there is an obvious technical error on the part of the seller when stating the price of goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer for this obviously incorrect price, even if the buyer was sent an confirmation of receipt of the order in accordance with these Terms. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his email address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by a confirmation of acceptance by the buyer to the email address of the seller.
IV. Payment terms and delivery of goods
1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay in the following ways:
- cashless transfer to the bank account of the seller No .: 35-4719230227/0100, kept at Komerční banka, a.s., for payments from the Czech Republic,
for payments from abroad to the account number in the international format:
BIC (SWIFT): KOMBCZPPXXX
(Komerční banka, a.s., Prague 1, Na Příkopě 33 No. 969, postal code 11407, Czech Republic),
- cashless payment card.
The choice of payment method is made during the ordering of goods, according to the current offer of payment options of the seller.
2. Together with the purchase price, the buyer is obliged to reimburse the seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of goods.
3. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the purchase contract.We send the goods only after payment of the purchase price.
4. In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
6. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.
7. According to the Act on the Registration of Sales, the seller is obliged (if the regulation applies to him) to issue a receipt to the buyer. At the same time, he is obliged (if the regulation applies to him) to register the received revenue with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest.
8. The goods are delivered to the buyer to the address specified by the buyer of the order.
The choice of delivery method is made during the ordering of goods, according to the current offer of the seller's options.
9. The costs of delivery of goods depending on the method of dispatch and receipt of goods are specified in the buyer's order and in the order confirmation by the seller. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
10. If, according to the purchase contract, the seller is obliged to deliver the goods to the 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 part of the buyer 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 repeated delivery of goods, respectively. costs associated with another method of delivery.
11. 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 immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
12. The seller issues a tax document - invoice to the buyer. The tax document is sent to the buyer's email address. The tax document is also attached to the delivered goods.
13. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
V. Withdrawal from the contract
1. A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
2. The period for withdrawal from the contract is 30 days
- from the date of receipt of the goods,
- 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,
- from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
3. The buyer may not, inter alia, withdraw from the purchase contract:
- on the delivery of goods which have been modified according to the wishes of the buyer or for his person,
in other cases specified in § 1837 of the Civil Code.
4. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
5. To withdraw from the purchase contract, the buyer may use the standard withdrawal form provided by the seller. Withdrawal from the purchase contract will be sent by the buyer to the email address of the seller specified in these Terms. The seller will immediately confirm to the buyer the receipt of the form.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to their nature by regular mail.
7. If the buyer withdraws from the contract, the seller shall return to him without delay, but no later than within 14 days of withdrawal from the contract, all funds, including delivery costs, which he has received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees.
8. If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.
10. The goods must be returned by the buyer to the seller undamaged, unworn and uncontaminated 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 a refund of the purchase price.
11. The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The seller immediately informs the buyer via the email address specified in the order and returns within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer.
VI. Defective performance rights
1. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
- the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods,
- the goods are fit 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.
2. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt, in the case of an unlimited lifetime warranty, taking into account normal wear and tear with regard to the period of use.
3. Where the goods sold, their packaging, instructions accompanying the goods or advertising in accordance with other legislation indicate the period during which the goods may be used, the provisions of the quality guarantee shall apply. By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the buyer has rightly criticized the seller for the defect of the goods, the period for exercising the rights arising from the defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.
4. The provisions of the preceding paragraph of the Terms shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear acceptance by the buyer, or if it follows from the nature of the goods. The right of defective performance does not belong to the buyer, if he knew before taking over the goods that the goods have a defect, or if the buyer himself caused the defect.
5. In the event of a defect, the buyer may submit a complaint to the seller and request:
- exchange for new goods,
- repair of goods,
- a reasonable discount from the purchase price,
- withdraw from the contract.
6. The buyer has the right to withdraw from the contract:
- if the goods have a substantial defect,
- if he cannot use the thing properly due to the recurrence of the defect or defects after repair,
- with a larger number of defects in the goods.
7. A breach of contract is substantial which the party to the breach already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if it had foreseen the breach.
8. In the case of a defect that means a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to eliminate the defect or a reasonable discount on the purchase price.
9. If a remediable defect has occurred repeatedly after repair (usually a third claim for the same defect or a fourth for different defects) or the goods have a large number of defects (usually at least three defects simultaneously), the buyer has the right to claim a discount on the purchase price, exchange goods or withdraw from the contract.
10. When making a complaint, the buyer is obliged to inform the seller which right he has chosen. A change of choice without the consent of the seller is possible only if the buyer has requested the correction of a defect that proves to be irreparable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a minor breach of contract.
11. If repair or exchange of goods is not possible, upon withdrawal from the contract, the buyer may demand a refund of the purchase price in full.
12. If the seller proves that the buyer knew about the defect of the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer's claim.
13. The buyer cannot claim discounted goods for the reason for which the goods are discounted.
14. The seller is obliged to accept complaints, in agreement with the buyer. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification. rejection of the complaint.
15. The seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled immediately, no later than 30 days from the date of the complaint, unless the seller agrees with the buyer on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.
16. The seller informs the buyer in writing about the result of the complaint.
17. The right of defective 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 caused the defect himself.
18. In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. The buyer can exercise this right from the seller within one month after the expiration of the warranty period, otherwise the court does not have to grant it.
19. The buyer has the choice of the method of complaint.
20. 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.
21. Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Procedure, if such rules have been issued by the Seller.
1. The Contracting Parties may communicate all written correspondence to each other by electronic mail.
2. The buyer delivers correspondence to the seller to the email address specified in these Terms. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.
VIII. Personal data
1. All information you provide in our cooperation is confidential and we will treat it as such. Unless you give us written permission to do so, we will not use your details for any purpose other than for the purpose of performing the contract, except for the email address to which commercial communications may be sent to you, as this is permitted by law unless you reject it. These communications may only concern similar or related goods and may be unsubscribed at any time in a simple manner (by sending a letter, email or by clicking on a link in the commercial communication). The e-mail address will be kept for this purpose for a period of 15 years from the conclusion of the last contract between the contracting parties.
IX. Out-of-court settlement of disputes
1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
2. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Online Consumer Dispute Resolution Regulation).
3. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.
X. Final Provisions
1. All agreements between the seller and the buyer with the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights arising from generally binding legal regulations.
2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
3. All rights to the seller's website, in particular the copyright to the content, including page layout, photos, films, 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.
4. The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose or purpose.
5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
6. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
7. The wording of the Terms may be amended or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms.
These Terms take effect on 1.12.2020