Terms and Conditions
A company with its registered office at Oldřichova 283/53, 128 00 Praha, Czech Republic
Company identification number: 055 49 877
Registered in the Commercial Register held at the Krajský soud v Plzni (Regional Court in Plzeň), Section C, Entry No. 33534
for the sale of goods via an on-line shop located at the internet address of www.kolorky.cz
These Terms and Conditions (“Terms and Conditions”) of Kolorky.cz s.r.o., a company with its registered office at Oldřichova 283/53, 128 00 Praha Company ID: 055 91 619, registered in the Commercial Register held at the Krajský soud v Plzni (Regional Court in Plzeň), Section C, Entry No. 33534 (the “Seller”) regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Czech Civil Code (“Civil Code”), the reciprocal rights and obligations of the parties arising out of or under a purchase agreement (“Purchase Agreement”) entered into between the Seller and another natural person (the “Buyer”) through the Seller's online shop. The online shop is operated by the Seller on a website located atwww.kolorkyhome.cz(the “Website”), via the website interface (the “Online Shop Interface”).
The Terms and Conditions shall not apply where the person intending to purchase the goods from the Seller is a legal entity or a person who is ordering the goods while acting in the capacity of a business representative or a sole proprietor.
Provisions diverging from the Terms and Conditions may be agreed in the Purchase Agreement. Any diverging provisions laid down in the Purchase Agreement shall prevail over the provisions under the Terms and Conditions.
The Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be entered into in the Czech language.
The wording of the Terms and Conditions may be modified or amended from time to time by the Seller. This provision shall be without prejudice to the rights and obligations which have arisen during the period of application of the earlier version of the Terms and Conditions.
The Buyer can access its user interface upon signing up on the Website. The Buyer can place orders for goods from its user interface (the “User Account”). If the Online Shop Interface allows it, the Buyer can also order goods directly from the Online Shop Interface without signing up.
All information provided by the Buyer during the sign-up or ordering of goods on the Website must be correct and truthful. The Buyer must keep all the information in its User Account up-to-date. The information provided by the Buyer in the User Account and when ordering the goods is considered to be correct by the Seller.
Access to the User Account is secured with a user name and password. The Buyer must maintain confidentiality regarding the data necessary to access its User Account.
The Buyer is not entitled to allow third parties to use its User Account.
The Seller may terminate the User Account, in particular if the Buyer does not use its User Account for more than 5 years or if the Buyer breaches its obligations under the Purchase Agreement (including the Terms and Conditions).
The Buyer acknowledges that the User Account may be unavailable at certain times, in particular as required due to any maintenance of the Seller's hardware and software and/or the maintenance of third party’s hardware and software.
ENTERING INTO A PURCHASE AGREEMENT
All presentations of goods placed on the Online Shop Interface are informative and the Seller is not obliged to enter into a Purchase Agreement with respect to the goods. Section 1732(2) of the Civil Code shall not apply.
The Online Shop Interface contains information about the goods, including the prices of the individual items. The prices of goods are shown including value added tax and all related charges. The prices of goods remain in effect as long as they are displayed on the Online Shop Interface. This provision does not restrict the Seller's ability to enter into a Purchase Agreement under terms negotiated individually.
The Online Shop Interface also contains information on packaging and delivery costs. The information on packaging and delivery costs provided in the Online Shop Interface only applies when the goods are delivered within the Czech Republic.
To order the goods, the Buyer shall complete the order form on the Online Shop Interface. The order form shall contain, among other things, information about:
the goods ordered (the Buyer puts the goods it wishes to order into the Shopping Cart of the Online Shop Interface),
the method of payment of the purchase price, details of the desired method of delivery of the goods ordered and
information on the costs of the goods delivery (collectively the “Order”).
Prior to submitting the Order to the Seller, the Buyer shall have the opportunity to review and modify the information it has entered in the Order which shall allow the Buyer to detect and correct any errors made while entering the order data. The order will be submitted by the Buyer to the Seller by clicking the “Order" button. The details in the Order shall be considered correct by the Seller.
The submission of an Order is considered to be such an action by the Buyer which unambiguously identifies the goods ordered, the purchase price, the Buyer, the method of payment of the purchase price, and as such it is a binding proposal of a Purchase Agreement for the parties. The Order is valid subject to completion of all mandatory information in the order form, review of these Terms and Conditions on the Website, and Buyer’s confirmation that it has read these Terms and Conditions.
Upon the receipt of an Order, the Seller shall confirm such receipt to the Buyer by e-mail to the Buyer's e-mail address as indicated on the User Interface or in the Order (“Buyer's E-mail”).
Depending on the nature of the Order (quantity of goods, purchase price amount, estimated shipping costs), the Seller is always entitled to ask the Buyer for an additional confirmation of the Order (for example, in writing or by telephone).
The purchase agreement proposal in the form of an Order is valid for fifteen days.
The contractual relationship between the Seller and the Buyer is established upon delivery of the order acceptance sent by the Seller to the Buyer per e-mail to the Buyer's E-mail.
In the event that any of the requirements specified in the Order cannot be fulfilled by the Seller, it shall send the Buyer an amended offer to the Buyer's E-mail, indicating possible variants of the order and it shall seek the Buyer's opinion.
The amended offer is considered to be a new proposal for a Purchase Agreement and in that case, the Purchase Agreement is only entered into upon the Buyer's acceptance via e-mail.
The Buyer agrees to use means of remote communication when entering into a Purchase Agreement. The costs incurred by the Buyer in relation to using the means of remote communication in connection with its entering into the Purchase Agreement (e.g., costs of internet connection, telephone calls etc.) shall be borne by the Buyer and the costs do not differ from standard rates.
PRICE OF THE GOODS AND PAYMENT TERMS
The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:
Cashless card payment via the payment system of GOPAY s.r.o., with its registered office at Planá 67, Planá, 370 01, Czech Republic, Company ID: 26046768
Cashless payment by wire transfer to the Seller's account no. 2801706889/2010 (to be used within the Czech Republic), IBAN: CZ2920100000002601706892 (for the Slovak Republic), held at Fio banka, a.s. (the “Seller's Account”). In the latter case, the Order is only processed by the Seller once the payment is credited to the Seller's bank account.
In addition to the purchase price, the Buyer is obliged to pay to the Seller the agreed amount of costs associated with the packaging and delivery of the goods. Unless explicitly stated otherwise, the Purchase Price shall be hereinafter understood as the purchase price including the costs of shipping of the goods.
The Seller shall not request a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Art. 6 of the Terms and Conditions concerning the obligation to pay the Purchase Price of the goods in advance.
With the cashless card payment option, the Purchase Price shall be payable within five (5) days of entering into the Purchase Agreement.
With the cashless payment by wire transfer option, the Buyer is obliged to indicate the payment reference (variable symbol) when paying the Purchase Price of the goods. In the case of a cashless payment option, the Buyer's obligation to pay the Purchase Price is fulfilled when the relevant amount is credited to the Seller's Account.
The Seller shall be entitled to request a payment of the entire Purchase Price before the goods are dispatched to the Buyer, especially in case of absence of an additional Order confirmation by the Buyer (Art. 3.8). Section 2119(1) of the Civil Code shall not apply.
Any discounts on the price of goods made available by the Seller to the Buyer cannot be combined.
Where it is customary or required by general binding legislation, the Seller shall issue a tax document for the Buyer in respect of the payments made under the Purchase Agreement – the Seller is a registered value added tax payer. The tax document (invoice) shall be issued by the Seller to the Buyer after the payment of the price of goods and sent electronically to the Buyer's E-mail.
WITHDRAWAL FROM THE PURCHASE AGREEMENT
The Buyer notes that, according to Section 1837 of the Civil Code, that it is not possible, inter alia, to withdraw from a Purchase Agreement which concerns:
The supply of goods the price of which depends on fluctuations of the financial market that are independent of the Seller's will and that may occur during the withdrawal period;
The supply of alcoholic beverages which may not be delivered before the lapse of a 30-day period and the price of which depends on fluctuations of the financial market that are independent of the Seller's will;
The supply of goods which have been modified according to the Buyer's wishes or to fit;
The supply of perishable goods as well as goods which have been irretrievably mixed with other goods upon delivery;
The supply of goods in sealed packages which has been removed from the packaging by the Buyer and which cannot be returned for sanitary reasons;
The supply of an audio or video recording or a computer programme if its original packaging has been broken;
The supply of newspapers, periodicals or magazines;
The supply of digital content, unless it has been supplied on a tangible medium and delivered with a prior express consent of the Buyer before the expiry of the withdrawal period, and the Seller had informed the Buyer before entering into the agreement that in such a case the Buyer does not have the right to withdraw from the agreement.
In the absence of a case described in Art. 5.1 or of any other case where a withdrawal from the Purchase Agreement is not possible, the Buyer shall have the right to withdraw from the Purchase Agreement within fourteen (14) days of the receipt of the goods, in accordance with Section 1829(1) of the Civil Code, whereas if the Purchase Agreement includes several types of goods or the supply of several parts, the said period shall run from the date on which the last delivery of the goods is taken over. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence.
In order to withdraw from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which is attached to the Terms and Conditions. The withdrawal from the Purchase Agreement may be sent by the Buyer also to the address of the Seller's establishment or registered office. Art. 11 of these Terms and Conditions shall apply to the service of any withdrawal from the agreement. The Seller shall confirm to the Buyer the receipt of the withdrawal in a written form without undue delay.
In the event of withdrawal from the Purchase Agreement pursuant to Art. 2 of the Terms and Conditions, the Purchase Agreement shall be terminated from the start. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the agreement. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned via standard postal services due to its nature.
In the event of withdrawal under Art. 5.2 of the Terms and Conditions, the Seller shall refund the payment received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Agreement, through the same method as the Seller has received it from the Buyer. The Seller shall pay back to the Buyer the Purchase Price excluding the shipping costs. The Seller is also entitled to refund the Buyer at the moment when the goods are being returned by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller shall not be obliged to refund the money received from the Buyer until the Buyer returns the goods or proves that the goods have been dispatched to the Seller.
The Seller is entitled to unilaterally offset any claim against the Buyer arising from a damage to the goods, towards the Buyer’s claim for reimbursement of the Purchase Price.
Until the goods are received by the Buyer, the Seller shall be entitled to withdraw from the Purchase Agreement at any time. In such a case, the Seller shall refund the Purchase Price to the Buyer without undue delay, namely as a cashless payment to the account specified by the Buyer.
Where a gift is provided to the Buyer in addition to the goods, a Gift Agreement between the Seller and the Buyer shall be made with a resolutive condition that, if the Buyer has withdrawn from the Purchase Agreement, the Gift Agreement is no longer effective and the Buyer is obliged to return the gift together with the goods, to the Seller.
TRANSPORT AND DELIVERY OF GOODS
Where the mode of transport is agreed upon on a specific request from the Buyer, the Buyer shall bear the risk and any additional costs associated with that mode of transport.
If the Seller is obliged under the Purchase Agreement to deliver the goods to a place designated by the Buyer in the Order, the Buyer is obliged to receive the goods upon delivery.
Where, for reasons caused by the Buyer, goods must be delivered repeatedly or in a manner other than that specified in the Order, the Buyer shall be liable for the costs of repeated delivery of the goods or for the costs of other means of delivery.
Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and immediately report any defects. If a breach of the packaging indicating unauthorized entry into the consignment is detected, the Buyer might not accept the consignment from the carrier.
The goods are sent by the following shipping companies:
Geis Parcel (delivery to a specified address), the price of shipment is:
Within the Czech Republic: CZK 99 for purchases up to CZK 1,000; CZK 66 for purchases over CZK 1,000. Free shipping for purchases over CZK 2,500.
Within the Slovak Republic: CZK 109 for purchases up to CZK 1,000; CZK 77 for purchases over CZK 1,000. Free shipping for purchases over CZK 2,500.
Geis Point (delivery to a Geis collection point), the price of shipment to the collection point is:
Within the Czech Republic: CZK 55
Within the Slovak Republic: CZK 125
Zásilkovna s.r.o., the price of shipping is provided in the current price list of the carrier on https://www.zasilkovna.cz/eshopy/doruceni-v-ramci-cr for the Czech Republic and https://www.zasilkovna.cz/eshopy/doruceni-v-ramci-sr for the Slovak Republic.
General Logistics Systems Czech Republic, s.r.o. (GLS), the price of shipment depends on the weight of the consignment.
Personal pick-up of goods upon prior agreement and payment of the Order is possible at: AZ LOGISTIKA s.r.o., P3 park, hala I1, Do Čertous 2620/11, 193 00, Praha – Horní Počernice
RIGHTS FROM DEFECTIVE PERFORMANCE
The rights and obligations of the parties related to the rights from defective performance shall be governed by the relevant general binding legislation (in particular by Sections 1914–1925, Sections 2099–2117 and Sections 2161–2174 of the Civil Code).
The Seller guarantees to the buyer that the goods are free of defects at the time of their receipt. In particular, the Seller guarantees to the Buyer that, at the time of the goods receipt by the Buyer:
The goods shall have the characteristics agreed by the parties and, in the absence of such an agreement, shall have the characteristics as described by the Seller or the manufacturer or as expected by the Buyer with regard to the nature of the goods and based on the Seller’s and/or manufacturer’s advertising;
The goods are suitable for the purpose of use indicated by the Seller or for which goods of this kind are normally used;
The quality or make of the goods corresponds to an agreed sample or model, provided the quality or make has been determined in accordance with an agreed sample or model;
The goods quantity, scope or weight is correct; and
The goods comply with the legal requirements.
The provisions of Art. 2 of the Terms and Conditions shall not apply to a defect of goods sold at a lower price due to such a defect, or to the wear of the goods caused by their normal use, or to a defect of used goods where the defect corresponds to the degree of use or wear which existed at the moment when the goods were received by the Buyer, or subject to the nature of the goods.
If the defect appears within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.
The rights arising from the defective performance shall be exercised by the Buyer at the address of the Seller’s establishment where acceptance of the claim is possible with regard to the range of goods sold, including, where appropriate, the registered office or place of business. The time at which the claim was made is equal to the time at which the Seller received the goods returned by the Buyer.
The Claim Order issued by the Seller may regulate additional rights and obligations of the parties relating to the Seller's liability for defects.
OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE AGREEMENT
The Buyer shall acquire ownership of the goods by paying the full Purchase Price of the goods.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Company ID: 000 20 869, http://www.coi.cz, is the authority competent for out-of-court settlement of consumer disputes arising from the Purchase Agreement.
The Seller is authorized to sell the goods under a trade licence. The trade licence is subject to inspections carried out by the competent Trade Authority. The protection of personal data is subject to surveillance by the Data Protection Authority. The Czech Trade Inspection carries out, within a specified scope, inter alia, the surveillance of compliance with the Czech Act No. 634/1992 Coll., on Consumer Protection, as amended.
The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765(2) of the Civil Code.
SERVICE OF CORRESPONDENCE
Notifications concerning the relationship between the Seller and the Buyer, in particular concerning a withdrawal from the Purchase Agreement, shall be delivered by post in the form of a registered letter, unless otherwise provided for in the Purchase Agreement. Notifications shall be delivered to the appropriate contact address of the other party and shall be deemed to have been received and effective at the time of delivery by post, except for notifications of the Buyer’s withdrawal from the agreement where the withdrawal is effective if the notification is sent by the Buyer within the withdrawal period.
A notification shall also be deemed to have been received, if the addressee has refused to receive the notification, or if the notification has not been picked up within the storage period, or if it has been returned as undeliverable.
The parties may send regular correspondence to each other by electronic mail to the e-mail address specified in the Buyer's User Account or specified by the Buyer in the Order, and to the address indicated on the Seller's Website.
If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to any consumer rights arising from general binding legislation.
If a provision of the Terms and Conditions is or becomes invalid or ineffective, it shall be replaced by a provision whose meaning is as close as possible to the original invalidated provision. The invalidation or ineffectiveness of one provision does not affect the validity of the other provisions. Any changes and amendments to the Purchase Agreement or the Terms and Conditions require a written form.
The Purchase Agreement, including the Terms and Conditions, shall be archived by the Seller in an electronic form and shall not be public.
A model withdrawal form is attached to the Terms and Conditions.
Seller’s contact details: delivery address: Oldřichova 283/53, 128 00 Praha, e-mail address: firstname.lastname@example.org, telephone +420 792 778 832.
In Praha, 29/08/2023