1.1. These Business Terms and Conditions of KOH-I-NOOR HARDTMUTH a.s. with registered office in České Budějovice, ul. F. A. Gerstnera 21/3, CZ 371 30, Reg. No.: 26055996, Tax Reg. No.: CZ26055996, registered in the Trade Register of: Regional Court in České Budějovice, part B, file 1288, E-mail: firstname.lastname@example.org, email@example.com, Tel. +420 389 000 242, other contact data see http://www.koh-i-noor.cz/koh-i-noor-hardtmuth-a-s (hereinafter referred to as „Seller“) regulate in an obligatory way the mutual rights and duties of agreement parties, established in connection with the purchase agreement or based on a purchase agreement concluded between the Seller and another natural person or legal entity (hereinafter referred to as “Purchaser“) through the internet shop of the Seller. The internet shop is operated by the Seller at the website/ internet address http://eshop.koh-i-noor.eu/. The Complaint Order is a part of Business Terms and Conditions of KOH-I-NOOR HARDTMUTH a.s.. The Business Terms and Conditions together with the Complaint Order are provided to the Purchaser before ordering the goods and the Purchaser is obliged to get familiarized itself with it (hereinafter referred to as Business Terms and Conditions).
1.2. These Business Terms and Conditions may be updated and modified without knowledge of the Purchaser. The wording valid on the day of the purchase is valid for the Purchaser. By sending the order at the website http://eshop.koh-i-noor.eu/ (hereinafter “website“ or “shop“), the Purchaser expresses its approval with these Business Terms and Conditions and Personal Data Protection Rules. The Purchaser undertakes to study carefully these Business Terms and Conditions and in case of the disapproval with them, it is not authorized to order and purchase the goods in the internet shop of KOH-I-NOOR HARDTMUTH a.s.
2.1. The Customer may get registered at website http://eshop.koh-i-noor.eu/ or he purchases as non-registered customer.
2.2. During the registration, the Purchaser undertakes to provide truthful, precise and complete data. In case of change of these data, the Purchaser is obliged to correct these provided data as soon as possible. The Seller keeps the right to cancel Purchaser′s account and to prohibit it/him the access to shop website, if the Purchaser provides him untruthful data about his/its person or violates in any way his/its duties following from the purchase agreement (including these Business Terms and Conditions). In such a case, the Seller is not liable for the mistakes and damage caused by stating untruthful, non-precise or not updated data by the Purchaser. The Seller may also cancel the user account if the Purchaser does not use it more for 1 year.
2.3. The access to the user account is secured by the user name and password. The Purchaser is obliged to keep confidentiality concerning the information necessary for the access into his user account and takes into account that the Seller does not have any liability for violating this obligation by the Purchaser. The Purchaser is not authorized to enable using the user′s account to third persons.
2.4. In case of the purchase without registration, the Customer fills in only the data necessary for the order implementation. These data are not archived by the Seller. The Purchaser undertakes to provide truthful, precise, updated and complete data. The Seller does not have any liability for mistakes and damage caused by stating the untruthful, not precise or not updated data by the Purchaser.
2.5. The Purchaser declares by the purchase at http://eshop.koh-i-noor.eu/ that he is legally capable to the purchase in this internet shop. Also the products determined for children may be purchased only by majors.
2.6. In view of operating the shop at the internet, the Seller cannot guarantee the un- interrupted and trouble-free operation of this internet shop. The Seller reserves the time for the maintenance of the hardware and software equipment and updating the internet shop.
2.7. The Seller reserves the right to print errors and other contents errors.
2.8. The Seller enables to use the websites of its internet shop to private persons and entrepreneurs. It does not permit any downloading the contents, description of products, prices, copying the contents, misuse of data at websites in any way. Neither these websites nor their parts may be reproduced, copied or otherwise used without explicit written approval of KOH-I-NOOR HARDTMUTH a.s.
2.9. The Purchaser undertakes not to use the website in the way which could disturb or harm in any way the function of these websites. The Purchaser may use the websites only in the scope which is not detrimental to the right of other Seller′s customers and which is in accordance with their determination and purpose.
3.1. Website of the shop contains the list of goods offered by the Seller for the sale, including the price of the individual offered articles. The prices of offered goods are stated in EUR and include VAT. The possible customs fee or tax collected in the country of destination is not included in price and the Purchaser is responsible for their declaration and payment. The offer of the sale of goods and the prices of these goods remain valid for the time when they are shown on the website of the shop. The decisive moment for the determination of the purchase price is the moment of sending the order.
3.2. The cost of packing and delivery of goods will be calculated in the order form depending on the place of destination. The costs of packing and delivery of goods are not the part of the purchase price under the section 3.1. By sending the order, the Purchaser agrees that these costs will be added to the purchaser price under the section 3.1 and he undertakes to pay them.
3.3. After preparing the order, the Purchaser will receive the e-mail with business conditions and the information about handing-over the order to the shipper by the shop staff. Based on this confirming e-mail, the purchase agreement between the Seller and the Purchase comes into being and it concerns only the goods, sending of which the Seller confirms. No goods may be sent without prior complete payment. The Purchaser is liable for the correctness of the sent data. It is his duty to check the whole E-mail correspondence and in case of erroneous data, to contact the Seller immediately at the E-mail address firstname.lastname@example.org or email@example.com or phone number +420 389 000 242 in the time from 10 to 16 CET (Central European Time). The address of delivery stated by the Purchaser cannot be changed after handing over the order to the shipper.
3.4. The Purchaser will pay the goods online by the payment card through the payment gateway or by the transfer to Seller′s account No. 1700000000622360/0300 maintained by Československá obchodní banka a.s., Radlická 333/150, 150 57 Praha 5, Czech Republic
Purchaser′s obligation to pay the purchase price is considered for fulfilled in the moment of crediting the respective amount to Seller′s account. The Seller will send the goods to the Purchaser only after fulfilling this obligation.
3.5. After paying the price of goods, the Seller will issue the tax document for the Purchaser – the invoice and will send it in the electronic form to the electronic address of the Purchaser or will enclose the invoice to the consignment.
3.6. The Purchaser takes into account that the Seller is not obliged to conclude the purchase agreement especially with persons having sooner violated the purchase agreement (including the Business Terms and Conditions) in an essential way.
3.7. The cost the Purchaser suffered when using the remote communication means in connection with concluding the purchase agreement (cost of internet connection, cost of phone talk) shall be paid by the Purchaser.
4.1. The way of goods delivery is determined by the Seller if not determined otherwise in the purchase agreement. If the way of transport is agreed based on Purchaser′s requirement, the Purchaser shall bear the risk and possible additional cost connected with this way of transport.
4.2. The Purchaser takes into account that the stated delivery terms have only orientation character, these are not obligatory delivery terms.
4.3. The Seller is obliged under the purchase agreement, to deliver the goods to the place determined by the Purchaser in the order. The Purchaser is obliged to take over the goods in the moment of delivery. If the Purchaser does not take over the goods in the moment of the delivery, the Seller is authorized to require the payment of cost connected with the storage of goods and transport of goods back to the Seller and moreover is authorized to withdraw from the agreement.
4.4. During the take-over of goods from the shipper, the Purchaser is authorized to check the intactness of the goods packing and in case of any defects to announce this to the shipper immediately. A detailed procedure for the case of complaint – damage to goods during the transport including the contacts is stated in the info-box in the Article “What to do if your parcel is damaged in the transit?“ If you find the damaged packing proving the unauthorized penetration into the consignment, the Purchaser does not have to take over the consignment from the shipper. By signing the delivery note the Purchaser confirms that the consignment of goods complied with all the conditions and prerequisites. No claims following from damage of consignment packing may be asserted later on.
5.1. If the Purchaser is final consumer/customer (the consumer is the natural person acting in relation to the entrepreneur not within its entrepreneurial activity or in the scope of the independent execution of his profession), it has the right to withdraw from the agreement without stating the reason within 14 days. In such a case, the Purchaser shall contact in writing the Seller and shall announce that he withdraws from the agreement and shall state the number of the order, date of purchase and number of account for back transfer of the money. Withdrawal from the agreement shall be delivered on the last day of the 14-days term at the latest.
5.2. The Purchaser, residing or having the registered office in the Czech Republic, shall return the goods to the Seller within 10 days, other purchasers within 15 days from sending the written withdrawal from the agreement.
5.3. In case of withdrawal from the agreement under this section, the Purchaser shall hand over to the Seller everything that he acquired based on the purchase agreement in the undamaged and not used state.
5.4. The Purchaser takes into account that if the goods returned by him is damaged, used or partially consumed, the claim to recovery of the caused damage arises to Seller′s benefit towards the Purchaser. The Seller is authorized to set off unilaterally the claim to damage recovery against Purchaser′s claim to purchase price return.
5.5. After reviewing the returned goods, the Seller shall return to the Purchaser the purchase price (without cost of goods delivery) by the wireless transfer to the account determined by the Purchaser.
5.6. The Purchaser has no title to withdrawal from the agreement under the section 4., if the delivered goods were modified upon his wish.
6.1. All the used concepts shall be understood in the sense defined in the Business Terms and Conditions and if they are not stated here, in the sense defined by legal regulations.
6.2. If the goods, in the moment of taking over by the Purchaser, is not in accordance with the purchase agreement (hereinafter “contradiction to the purchase agreement“), the Purchaser is entitled that the Seller, free of charge and without undue delay, puts the goods into the state corresponding to the purchase agreement as per Purchaser′s requirement either by the exchange of the article or its repair. If such procedure is impossible, the Purchaser may require the appropriate discount from the goods price or may withdraw from the agreement. This does not apply if the Purchaser, before taking over the goods in contradiction with the purchase agreement, knew about the contradiction or caused it itself. The contradiction to the purchase agreement which manifests itself during six (6) months from the day of take-over of goods/article, is considered for the contradiction existing already in the moment of its take-over, if this is not in contradiction with the character of goods or if the contrary is not proved.
6.3. The Seller is liable for the defects being in contradiction with the purchase agreement which manifest themselves after taking over the goods in the warranty term of 24 (twenty-four) months. This does not apply to goods sold for the lower price due to the defect for which the lower price was agreed, to wear and tear of goods caused by its usual use and to excessive wear and tear of goods in consequence of its incorrect use by the Purchaser. Simultaneously it does not apply to usual wear and tear of goods corresponding to the character of goods and time of its use. The claim to applying the liability for defects expires by the mechanical damage to goods, unprofessional manipulation or use being in contradiction with the instruction, damage to goods by the elements or Force Majeure, damage of goods by the excessive load or use in contradiction with the conditions stated in the instruction, incorrect storage, location of goods. The rights and duties of agreement parties concerning the Seller′s liability for defects, including the guarantee liability of the Seller, shall follow the generally binding legal regulations.
6.4. In case of establishing a defect in the warranty term, the Purchaser informs in writing the Seller about this fact. The information shall contain a precise description of the established defect, precise designation of goods and a copy of tax document.
6.5. The place for applying the liability for defects (complaints) is KOH-I-NOOR HARDTMUTH a.s., Novohradská 1650/3A, 370 01, České Budějovice, or F. A. Gerstnera 21/3, 371 30, České Budějovice.
6.6. The Seller may require sending the defective goods to the address of the Seller (see contacts). In such a case, the Purchaser shall send the defective goods to the Seller at Purchaser′s cost and risk. In case of the acknowledged complaint, the cost of sending the goods will be returned to the Purchaser together with the purchase price and cost of sending the goods to the Purchaser.
6.7. The Seller is not liable for the defects of goods which were not the subject of the purchase agreement (gifts, promotion things).
6.8. If the Purchaser does not collect the arranged complaint within 20 days from obtaining the announcement about the termination of the repair, it will be charged, starting from the 21st day, the storage fee of CZK 15,- for each started day till the take over of goods. In case of sending through the shipper, also the return of consignment back to the Seller shall be considered for the failure to collect. If the Purchaser does not collect his goods from the repair within 6 months, the written challenge is sent to him with another term for collecting his goods. If the Purchaser does not collect his goods even in this additional term, KOH-I-NOOR HARDTMUTH a.s. is authorized to sell the goods.
6.9. In case of rejection of the complaint by the seller, the buyer has the right to the out-of-court settlement of the consumer dispute arising from the purchase contract, where the substantively relevant authority for the solution of out-of-court consumer disputes arising from the purchase contract is the Czech Trade Inspection (CTI). The proceedings shall be initiated at the request of the buyer, which must be filed within one year of the date on which the buyer exercised its right that is the subject of the dispute with the seller for the first time. Further information on this procedure is available on the CTI website at www.coi.cz/en/. This is without any prejudice to the right of the buyer to contact the locally competent court.
7.1. The Purchaser agrees with processing his following personal data: first name and surname, address of place of residence including the state, identification number, tax identification number, address of electronic post, phone number (hereinafter referred to as “personal data“) by the Seller, for the purpose of implementation of rights and duties from the purchase agreement and for the purpose of sending information and business announcement to the Purchaser.
7.2. The Seller may authorize the third person as processor by processing the personal data of the Purchaser. Besides the persons transporting the goods, the data will be not provided by the Seller to third parties without prior Purchaser′s approval.
7.3. The personal data will be processed for indefinite term. Personal data will be processed in the electronic form by the automated way or in printed form in the not automated way.
7.4. The Purchaser confirms that this is a voluntary provision of personal data. The Purchaser declares he was informed that he may withdraw his approval with processing his personal data in relation to the Seller by the written announcement delivered to Seller′s address.
7.5. The Purchaser has the access to his personal data and may correct them or update them in his registration profile at any time.
7.6. If the Purchaser asks for information concerning the processing of his personal data, the Seller is obliged to provide him this information. The Seller has the right to require an appropriate payment for providing information under the preceding sentence, not exceeding the cost necessary for providing information.
7.7. The Purchaser agrees with sending the information associated with Seller′s goods, services or enterprise to his electronic address.
7.8. The Seller is registered by the Office for Personal Data Protection under the number 00030783 / 002.
8.1. These Business Terms and Conditions are made up in the Czech and English language versions and are equivalent in both languages. In case of inconsistencies, the Czech language version shall prevail.
8.2. If the relationship associated with using the website or the legal relationship established by the purchase agreement contains a foreign element, the parties agree that the relationship shall be governed by the Czech law.
8.3. The agreement parties agreed that any disputes, following from the use of this internet shop or purchase agreement will be settled amicably, or under the Art. 6 sec. 6.8. It is not excluded hereby that any dispute may be settled by the locally competent court of the Czech Republic.
8.4. If the Seller does not assert any of his rights or does not insist on any Purchaser′s duty under these Business Terms and Conditions or the purchase agreement, he does not waive hereby his rights and claims under these Business Terms and Conditions and the purchase agreement.
8.5. If any provision of these Business Terms and Conditions is invalid or ineffective or becomes invalid or ineffective, it shall be replaced by a provision the sense of which is as close as possible to the invalid provision. By the invalidity or ineffectiveness of one provision, the validity of other provisions shall be not affected. The changes or amendments of the purchase agreement conditions or Business Terms and Conditions shall be done in writing.
8.6. Both parties are authorized to stop carrying out their duties following from the Business Terms and Conditions for the term for which the circumstances excluding the liability persist (hereinafter referred to as “Force Majeure”). The party claiming the Force Majeure shall announce this fact immediately in writing to the other party and shall take all the possible measures to mitigate consequences of failure to carry out the agreement duties. If the Force Majeure lasts for the time longer than six months, both parties are authorized to withdraw from the Agreement.
8.7. The Purchase Agreement shall be archived by the Seller and is not publicly available.