TERMS AND CONDITIONS
with registered office at Světická 1114/6, Prague 10
registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 16667
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of Kubias a.s., with registered office at Světická 1114/6, Prague 10, Postal Code 10000, identification number: 24768171, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 16667 (hereinafter referred to as the “Seller”), in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on the website located at www.kubias.eu (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “Shop Web Interface”).
1.2. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.
1.3. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are in Czech language. The purchase contract can be concluded in Czech.
2. CONCLUSION OF THE PURCHASE CONTRACT
2.1. All presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732 para. 2 of the Civil Code shall not apply.
2.2. The web interface of the shop contains information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not restrict the seller’s ability to conclude the purchase contract on individually agreed terms.
2.3. The web interface of the shop also contains information on the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic.
2.4. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains information about:
2.4.1. ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),
2.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
2.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).
In the case of a price that is clearly a clerical or numerical error, the price is not binding and the purchase contract is not concluded.
2.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the order, including with regard to the Buyer’s ability to detect and correct errors arising from the data entered into the order. The buyer sends the order to the seller by clicking on the “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 electronic mail address specified in the order (hereinafter referred to as the “Buyer’s electronic mail address”).
2.6. 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 order confirmation (for example, in writing or by phone).
2.7. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer’s electronic mail address.
2.8. The buyer agrees to the use of remote communication means in concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.
2.9. The Seller reserves the right to unilaterally change the selling prices depending on the development of the CZK exchange rate to freely convertible currencies, changes in supplier prices and the development of the domestic economy. In the event of a substantial increase in the purchase price, the buyer has the right to withdraw from the purchase contract.
3. PRICE OF GOODS AND PAYMENT TERMS
3.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
in cash at the seller’s warehouse at the address : Sedlice (former cow shed), Praskačka 50333
in cash on delivery at the place specified by the buyer in the order;
by wire transfer to the seller’s account no. 115-45 35 88 02 17/0100 , maintained at Komerční banka (hereinafter referred to as the “Seller’s account”);
3.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3.3 In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within ???? days of the conclusion of the purchase contract.
3.4. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller’s account.
3.5. The Seller is entitled, especially in the event that the Buyer fails to confirm the order, to require payment of the full purchase price before the goods are sent to the Buyer.
3.6. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
3.7. If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer in respect of payments made under the Purchase Agreement. The seller is a payer of value added tax. The tax document – invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer’s electronic address.
4. WITHDRAWAL FROM THE PURCHASE CONTRACT
4.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract for the supply of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person, a contract for the supply of perishable goods, as well as goods that are perishable, cannot be withdrawn from, among other things, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the consumer has damaged the original packaging.
4.2. In the absence of a case referred to in Art. 4.1. terms and conditions or in any other case where the purchase contract cannot be withdrawn from, the buyer shall, in accordance with the provisions of § 1829 par. 1 of the 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 the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. This period is intended to allow the buyer to become reasonably familiar with the nature, characteristics and functionality of the goods (i.e. to inspect the goods, not to use them). Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer can use the sample form provided by the seller, which is an annex to the terms and conditions. The buyer may send the withdrawal from the purchase contract to the seller’s business address or to the seller’s e-mail address, among others.
4.3. In the event of withdrawal from the purchase contract pursuant to Art. 4.2. terms and conditions, the purchase contract is cancelled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days of delivery of the withdrawal from the Purchase Agreement to the Seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
4.4. In the event of withdrawal from the Purchase Agreement pursuant to Article 4.2. Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Agreement 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 when returning the goods by the Buyer or in another way, if the Buyer agrees to this and does not incur additional costs to the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
4.5. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
4.6. In cases where the buyer has, in accordance with § 1829 para. 1 of the Civil Code the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time until the goods are accepted by the buyer. In this case, the Seller shall refund the Purchase Price to the Buyer without undue delay, without cash to the account designated by the Buyer.
5. TRANSPORT AND DELIVERY OF GOODS
5.1. In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
5.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.
5.3. 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 the repeated delivery of goods, respectively. the costs of other delivery methods.
5.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier.
5.5. In the case of an order of the buyer for goods with greater weight or dimensions, transport is provided by contractual carriers according to their current price conditions. The Seller shall inform the Buyer in advance of the calculation of the freight charges.
5.6. In the event that the method of delivery requested by the Buyer is inappropriate due to the nature of the goods, the Seller shall notify the Buyer of this fact. If the buyer continues to insist on the original method of delivery, the seller shall not be liable for any damage caused by this method of delivery. In addition, the buyer assumes all risks and any additional costs associated with this method of delivery.
5.7. Other rights and obligations of the parties in the carriage of the goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.
6. RIGHTS FROM DEFECTIVE PERFORMANCE, CLAIMS
6.1. The rights and obligations of the contracting parties with regard to the rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of 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, as amended).
6.2. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:
6.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
6.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,
6.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
6.2.4. the goods are in the appropriate quantity, measure or weight; and
6.2.5. the goods meet the requirements of the legislation.
6.3. The provisions referred to in Art. 6.2. terms and conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods.
6.4. If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt.
6.5. The buyer is obliged to claim the right from the defect from the seller without undue delay after discovering the defect. “Without undue delay” means that, if the circumstances and the nature of the use of the defective goods so permit, the buyer must immediately upon discovering defects, stop using the goods. Otherwise, he runs the risk that further use of the goods will change their condition to such an extent that the defect right cannot be recognised as legitimate.
6.6. The goods must be hygienically sound (in particular, they must not bear traces of blood or faeces) and should be packed in suitable packaging to prevent damage, free of dirt and complete.
6.7. The rights from defective performance shall be exercised by the buyer at the seller’s address of his establishment (warehouse) where the acceptance of the claim is possible with regard to the range of goods sold.
6.8. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires.
6.9. The Seller or an employee authorized by the Seller shall decide on the complaint immediately, in complex cases within 3 working days. This period does not include the time reasonable according to the type of goods required for a professional assessment of the defect. Complaints including the removal of defects must be settled without undue delay within 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The Seller is obliged to notify the Buyer of the settlement of the complaint in writing, by e-mail or by telephone, at the Seller’s option. After the expiry of this period, the buyer has the same rights as if it were a defect that cannot be remedied.
6.10. The buyer specifies the defect of the goods and the requirement for the method of handling the complaint in the complaint protocol issued by the seller’s employee. In the case of a claim for goods that are sent by post, the buyer shall include his contact details and a precise written specification of the defect and the request for the method of handling the claim in the accompanying letter.
7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
7.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 para. 1 letter (e) of the Civil Code.
7.3. Consumer complaints are handled by the seller via the electronic address . The Seller shall send information about the settlement of the Buyer’s complaint to the Buyer’s electronic address.
7.4. The Seller shall not be liable for injury to persons or damage to property or goods caused by improper handling or misuse of goods or negligence.
7.5. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from purchase contracts. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
7.6. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No. 524/2013 of 21. May 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).
7.7 The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.8. The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para. 2 of the Civil Code.
8. DATA PROTECTION
8.1. The seller processes the personal data of the buyer. More information on such processing can be found at: link to GDPR
9. FINAL PROVISIONS
9.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law.
9.2. By choosing the law according to this article of the Terms and Conditions, the consumer is not deprived of the protection provided by the provisions of the legal order, which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Art. 6 para. 1 Regulation (EC) No. 593/2008 of 17. June 2008 on the law applicable to contractual obligations (Rome I).
9.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
9.4. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
9.5. A sample form for withdrawal from the purchase contract is attached to the terms and conditions.
9.6. Seller’s contact details:
The address of the company’s registered office is Kubias a.s.,Světická 1114/6, Prague 10,
Address of the warehouse and the goods outlet: Sedlice( the building of the former cowshed), Praskačka
E-mail address: [email protected]
Phone: 602 189 526
At Prague on 1.4.2021