KITStore s. r. o.

With its Registered Office at Průmyslová 566/5, 108 00, Prague 10, Czech Republic

Identification Number: 04716256

Tax Identification Number: CZ04716256

Entered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 252186,

for the sale of goods through online retailer located at the following Internet address: www.kitstore.de

1. Preamble

1.1. These Company Terms and Conditions (hereinafter referred to as the Terms and Conditions) with its Registered Office at Průmyslová 566/5, 108 00, Prague 10, Czech Republic, Identification Number: 04716256, entered in the Commercial Register kept by the Municipal Court in Prague, (hereinafter referred to as the Seller) lay down in accordance with the provisions of § 1751 (1) of Act No 89/2012 Coll., the Civil Code (hereinafter referred to as the Civil Code) reciprocal rights and responsibilities of the Contracting Parties arising in connection with or based on a Purchase Contract (hereinafter referred to as the Purchase Contract) concluded between the Seller and another natural person (hereinafter referred to as the Purchaser) through the Seller’s online retailing. The Seller operates its Internet retailing on a website located at the following Internet address: www.kitstore.de (hereinafter referred to as the Website), through the Website interface (hereinafter referred to as the Retailer Website Interface).

1.2. The Company Terms and Conditions do not apply to cases where the entity who intends to purchase goods from the Seller is a legal entity or an entity who, when ordering goods, acts in the course of its business activities or in the course of its self-employed profession.

1.3. Provisions deviating from these Terms and Conditions may be agreed in the Purchase Contract. The said deviating provisions take precedence over the provisions laid down in these Terms and Conditions.

1.4. The provisions in these Terms and Conditions form the integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language in which the Purchase Contract is concluded.

1.5. The Seller reserves the right to change or add to the Terms and Conditions. This provision does not affect the rights and responsibilities arising during the period of validity of the previous version of the Terms and Conditions.

2. User account

2.1. Based on the Purchaser's registration made on the Website, the Purchase is able to access its user interface from which the Purchaser is able to order goods (hereinafter referred to as the User Account). If the Retailer Website Interface is set to enable the Purchaser to order goods without registration then the goods may be purchased directly from the Website.

2.2. When registering on the Website and when ordering goods, the Purchaser must enter correct and true data. The Purchaser must update the data given in the User Account in the event of any change. The Seller deems that all data provided by the Purchaser in the User Account and when ordering goods are correct and true.

2.3. Access to the User Account is protected by a username and password. The Purchaser must maintain confidentiality of its username and password.

2.4. The Purchaser has no right to enable access to its User Account to third parties.

2.5. The Seller reserves the right to cancel the Purchaser’s User Account, particularly if the Purchaser does not use the User Account for more than a year, or if the Purchaser breaches its responsibilities under the Purchase Contract (including the Terms and Conditions).

2.6. The Purchaser consents that the User Account may not be continuously available, particularly relating to the essential maintenance of the Seller’s or third party’s hardware and software equipment.

3. Concluding Purchase Contract

3.1. All presentation of goods shown on the Retailer Website Interface is informative only; consequently the Seller reserves the right not to conclude a Purchase Contract for these goods. The provisions of § 1732 (2) of the Civil Code shall not apply.

3.2. The Retailer Website Interface shows information about the goods with their prices, which includes Value Added Tax (DPH) and all related fees. The prices remain valid as long as they are displayed on the Retailer Website Interface. This provision does not exclude the option that the Seller may conclude a Purchase Contract under individually agreed conditions.

3.3. The Retailer Website Interface also includes information relating to costs associated with the packaging and delivery of goods. The said costs apply only if the goods are delivered within the Czech Republic.

3.4. To order goods, the Purchaser must complete the Order Form located on the Retailer Website Interface, which includes the information relating to in particular:

  • 3.4.1. Goods to be ordered (the Purchaser inserts the goods to be ordered into the electronic shopping trolley located on the Retailer Website Interface).
  • 3.4.2. Selecting the method of payment and the method of delivery.
  • 3.4.3. Costs associated with the delivery of goods (hereinafter collectively referred to as the Order).

3.5. Prior to sending the Order to the Seller, the Purchaser has the option to check and change the data entered into the Order Form, which takes into account the Purchaser’s ability to detect and correct errors made when entering data into the Order Form. The Purchaser sends the Order to the Seller by clicking on the Send Order key. The data entered in the Order Form are deemed to be correct by the Seller.

3.6. Sending the Order Form is considered to be an act by the Purchaser, which indisputably identifies the ordered goods, the Purchase Price, the Purchaser, the method of payment and it represents binding draft of the Purchase Contract for the Contracting Parties. The condition for the validity of the Order is the completion of all mandatory data in the Order Form, reading these Terms and Conditions on the Website and the Purchaser confirming that these Terms and Conditions have been read and accepted.

3.7. Immediately after receiving the Order, the Seller will confirm this receipt to the Purchaser by e-mail to the Purchaser's e-mail address given in the user interface or in the Order (hereinafter referred to as the Purchaser's e-mail address).

3.8. In relation to the type of Order (quantity, Purchase Price, estimated shipping costs), the Seller reserves the right to ask the Purchaser for additional confirmation relating to the Order (e.g., in writing or by telephone).

3.9. The draft Purchase Contract in the form of an Order is valid for fifteen days.

3.10. The contractual relationship between the Seller and the Purchaser arises from sending the Order acceptance, which is sent by the Seller to the Purchaser via e-mail to the Purchaser's e-mail address.

3.11. In the event that any of the requirements specified in the Order cannot be met by the Seller, amended offer will send to the Purchaser's e-mail address stating potential options and requesting the Purchaser’s point of view.

3.12. The amended offer is considered as a new draft of the Purchase Contract and in such a case the Purchase Contract is concluded following the acceptance by the Purchaser via e-mail.

3.13. The Purchase consents to the use of remote communication when concluding the Purchase Contract. The costs incurred by the Purchaser in the use of remote communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Purchaser whilst the said costs do not differ from the basic rate.

4. Price of goods and Payment Terms

4.1. The price of goods and any costs associated with the delivery of goods under the Purchase Contract may be paid by the Purchaser to the Seller in the following ways:

4.2. Together with the Purchase Price, the Purchaser is required to pay the Seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the Purchase Price also includes the costs associated with the delivery of goods.

4.3. The Seller does not require a deposit or other similar payment from the Purchaser. This does not affect the provisions of Article 4.6 of these Terms and Conditions relating to paying the Purchase Price in advance.

4.4. If the payment is in cash or in the form of cash on delivery (COD), the Purchase Price is payable upon the goods acceptance. In the non-cash payment, the Purchase Price is payable within 3 days of concluding the Purchase Contract.

4.5. When carrying out the non-cash payment, the Purchaser must give the variable payment symbol together with the payment. The Purchase Price is paid when the due sum is credited to the Seller's bank account.

4.6. The Seller reserves the right, particularly in the event that the Purchaser does not confirm reading and accepting the Terms and Conditions (Article 3.6), to request the payment of the full Purchase Price prior to dispatching the goods to the Purchaser. The provisions of § 2119 (1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the Seller to the Purchaser may not be combined with each other.

4.8. If it is customary in commercial relationship or if so stipulated by the generally binding legislation, the Seller shall issue tax document, namely invoice, to the Purchaser listing payments made on the basis of the Purchase Contract. The Seller shall pay the Value Added Tax (DPH). The invoice (tax document) will be issued by the Seller to the Purchaser after paying the full Purchase Price and will be sent in electronic format to the Purchaser's e-mail address.

4.9. In accordance with the Act on the Registration of Sales, the Seller must issue receipt to the Purchaser. Simultaneously, the Seller must register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

4.10. Promo codes, discount vouchers and discounts from loyalty programs may not be combined. Only one discount code or one discount from the loyalty program may be used in purchasing our goods.

5. Withdrawal from the Purchase Contract

5.1. The Purchaser consents that in accordance with the provisions of § 1837 of the Civil Code that, among other things, it is not possible to withdraw from the Purchase Contract when the following occurs:

  • 1.1. When supplying goods, the price of which depends on fluctuations in the financial market independently of the will of the Seller and which may occur during the period for withdrawal from the Purchase Contract.
  • 5.1.2. When supplying goods that have been customised according to the Purchaser’s specifications or are individually customised.
  • 5.1.3. When supplying audio or video recording or computer program and the original packaging had been open.
  • 1.4. When supplying digital content, unless it was provided on a tangible medium, and was delivered with the Purchaser’s explicit consent prior to the expiry of the withdrawal period and the Seller notified the Purchaser before concluding the Purchase Contract that in such a case the Purchaser has no right to withdraw from the Purchase Contract.

5.2. If it does not relate to a case referred to in Article 5.1 or another case where it is not possible to withdraw from the Purchase Contract, then the Purchaser has the right to withdraw from the Purchase Contract in accordance with the provisions of § 1829 (1) of the Civil Code, within fourteen (14) days from the receipt of the goods, and in the event that the Purchase Contract includes several types of goods or the staged delivery, this withdrawal period runs from the date of acceptance of the last delivery of goods. Notice to withdraw from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence.

5.3. To withdraw from the Purchase Contract, the Purchaser is able to use the Template Form provided by the Seller, which forms Annex to the Terms and Conditions. Withdrawal from the Purchase Contract may be sent by the Purchaser to the Seller's premises or its Registered Office address. The provisions of Article 11 of these Terms and Conditions apply to the delivery of withdrawal from the Purchase Contract notice.

5.4. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of these Terms and Conditions, the Purchase Contract is null and void from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the Purchase Contract. If the Purchaser withdraws from the Purchase Contract, the Purchaser bears full costs associated with the return of goods to the Seller, even if the goods may not be returned, for ever reason, by using the Post Office services.

5.5. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of these Terms and Conditions, the Seller shall return the sum received from the Purchaser within fourteen (14) days of withdrawal from the Purchase Contract by the Purchaser, using the same method as when the Seller received payment from the Purchaser. The Seller reserves the right to return the sum provided by the Purchaser when the Purchaser returns the goods or otherwise, if the Purchaser consents and the Purchaser does not incur additional costs. The Seller reserves the right not to return the sum received to the Purchaser before the Purchaser returns the goods or provides the proof of sending goods back.

5.6. The Seller reserves the right to unilaterally set off any costs of damage caused to the goods against the Purchaser's right to refund the Purchase Price.

5.7. Until the goods are accepted by the Purchaser, the Seller reserves the right to withdraw from the Purchase Contract at any time. In such event, the Seller shall return the Purchase Price to the Purchaser without undue delay, specifically by money transfer to the bank account nominated by the Purchaser.

5.8. If a gift is provided to the Purchaser together with the goods, the gift contract between the Seller and the Purchaser is concluded with the proviso that the same terms apply as if the Purchaser withdraws from the Purchase Contract, consequently the gift contract is null and void and the Purchaser must return the gift together with the goods.

6. Carriage and delivery

6.1. If the mode of carriage is contracted on the basis of a special request by the Purchaser, then the Purchaser bears the risk and any additional costs associated with this mode of carriage.

6.2. If, in accordance with the Purchase Contract, the Seller must deliver the goods to the location stipulated by the Purchaser in the Order, then the Purchaser must accept the goods upon delivery.

6.3. In the event that the goods require to be delivered more than once or in a different way than given in the Order due to actions by the Purchaser, then the Purchaser shall reimburse the costs associated with repeated delivery of goods or costs associated with different methods of delivery.

6.4. Upon accepting the goods from the carrier company, the Purchaser must immediately check the integrity of the packaging and notify the carrier company without delay if the packaging has been damaged, which may indicate unauthorised entry into the package. In such event, the Purchaser does not have to accept the shipment from the carrier company.

7. Rights arising from Defective Performance

7.1. The rights and responsibilities of the Contracting Parties regarding the rights arising from Defective Performance are governed by the relevant generally binding legislation, the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code in particular.

7.2. The Seller is responsible to the Purchaser that the goods are free of defects when accepted, specifically at the time when the Purchaser accepted the goods:

  • 2.1. The goods have the characteristics agreed upon by the parties or in the absence of an agreement have the characteristics described by the Seller or the manufacturer, or which the Purchaser expected taking into account characteristics of the goods and based on advertising by the Seller or manufacturer.
  • 7.2.2. The goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used.
  • 7.2.3. The goods correspond in quality or design to the contracted sample or model, if the quality or design was specified according to the contracted sample or model.
  • 7.2.4. The goods are in the contracted quantity, measure or weight.
  • 2.5. The goods comply with the legislative requirements.

7.3. The provisions set out in Article 7.2 of these Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price has been agreed, to wear and tear caused by its normal usage, to second-hand goods, to a defect corresponding to the level of usage or wear and tear that the goods had when accepted by the Purchaser, or if it follows from the characteristics of the goods.

7.4. If the defect becomes apparent within six months of the acceptance then the goods are deemed to have been defective at the time of acceptance.

7.5. The Purchaser may exercise the rights arising from Defective Performance at the Seller’s premises address, where the acceptance of the Warranty Claim is feasible in relation to its range of goods sold, or at the Registered Office or place of business. The Warranty Claim will be registered when the Seller receives the goods from the Purchaser.

7.6. Other rights and responsibilities of the Contracting Parties related to the Seller's liability for defects may be regulated by the Seller's Warranty Claim procedure.

8. Other rights and responsibilities relating to the Contracting Parties

8.1. The Purchaser acquires ownership of the goods by paying the full Purchase Price for the goods.

8.2. Code of conduct within the meaning of provisions of § 1826 (1) Letter e) of the Civil Code does not apply in relationship between the Seller and the Purchaser.

8.3. The out-of-court settlement relating to the Purchaser claims is carried out by the Seller via e-mail address. The Seller will notify the Purchaser about the Warranty Claim settlement via e-mail send to the Purchaser’s e-mail address.

8.4. The Seller has the right to sell goods on the basis of the Trade Licence. The Trade Licence investigation is carried out by the relevant Trade Licence Office within the scope of its competence. The Office for Personal Data Protection oversees the personal data protection. The Czech Trade Inspection Authority, within defined scope, also oversees compliance with Act No 634/1992 Coll., On Consumer Protection, as amended.

8.5. The Purchaser hereby assumes the risk relating to the change of circumstances within the meaning of § 1765 (2) of the Civil Code.

9. Personal data protection

9.1. The Seller meets its responsibility to provide information to the Purchaser within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”) related to the processing of the Purchaser's personal data to meet the Purchase Contract, for negotiating the said contract and to meet the Seller's statutory responsibilities by means of a separate document.

10. Sending commercial communications and saving cookies

10.1. The Purchaser consents to receive information relating to the Seller’s goods, services or its business to the Purchaser’s e-mail address and also consents to receive commercial communications send by the Seller to the Purchaser’s e-mail address. The Seller meets its responsibility within the meaning of Article 13 of the GDPR Regulation relating to the processing of the Purchaser's personal data for sending commercial communications by means of a separate document.

10.2. Purchaser consents that cookies will be saved on the Purchaser’s computer. If it is feasible to carry out purchase on the Website and meet the Seller's responsibilities under the Purchase Contract without saving cookies on the Purchaser's computer, the Purchaser may revoke the consent under the previous sentence at any time.

11. Sending and receiving correspondence

11.1. Notices concerning the relationship between the Seller and the Purchaser, particularly relating to the withdrawal from the Purchase Contract, shall be sent by post in the form of a registered letter, unless otherwise stipulated in the Purchase Contract. Notices shall be sent to the other party relevant contact address and shall be deemed to have been received and in effect from the time of delivery by post, except for the Purchaser’s withdrawal notice where the withdrawal is in effect if the notice is sent by the Purchaser within the withdrawal period.

11.2. A notification, which was not accepted by the addressee and which was not collected during the Post Office storage period or which was returned as undeliverable is also deemed as delivered.

11.3. The Contracting Parties may send normal correspondence to each other via e-mail, to the e-mail address specified in the Purchaser's User Account or stipulated by the Purchaser in the Order, or to the address given on the Seller’s Website.

12. Final provisions

12.1. If the relationship set out in the Purchase Contract includes international (foreign) component, then the parties’ consent that the relationship is governed by the legislation of the Czech Republic. This does not affect the Purchaser's rights arising from generally binding legislation.

12.2. If any provision of the Terms and Conditions is or becomes null and void or not in force, the null and void provision will be replaced by a provision whose meaning is as close as possible to the null and void provision. The unenforceability or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and amendments to the Purchase Contract or the Terms and Conditions shall be carried out in written format.

12.3. The Purchase Contract and Terms and Conditions will be archived by the Seller in electronic format and will not be accessible.

12.4. Withdrawal Template Form to enable withdrawal from the Purchase Contract forms Annex to the Terms and Conditions.

12.5. Contact details: Correspondence address: Revoluční 655/1, 110 00 Prague 1; e-mail address: info@kitstore.de; Telephone: +420 273 130 934

Prague, 7 March 2017

Other documents:

Information on the processing of personal data

Forms:

Withdrawal Template Form

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