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1. Introductory Provisions
1.1. These Terms & Conditions of Sale (hereafter referred to as “Terms of Sale”) of Vlastimil Čurda, Na černém vrchu 5, 150 00, Praha 5, Trader Identification Number: 07144318 (hereafter referred to as “Seller”), shall govern the rights and duties of each party arising under any Purchase Agreement (hereafter referred to as “Purchase Agreement”) entered into by said parties, i.e., the Seller and another natural or legal person (hereafter referred to as “Buyer”) upon a purchase being made through the e-shop of the Seller. The e-shop is operated by the Seller and is available at https://www.kikimorateam.com through a web interface (hereafter referred to as “Web Shopping Interface”).
1.2. The Terms of Sale shall also govern the rights and duties of the contracting parties with respect to the use of the website of the Seller, available at https://www.kikimorateam.com (hereafter referred to as “Website”), as well as other legal relations. The Terms of Sale do not apply to situations where the person intending to buy products from the Seller renders the order in the context of their business activity.
1.3. Provisions deviating from the Terms of Sale may be negotiated and put in the Purchase Agreement. Such differing provisions in the Purchase Agreement shall have priority over the provisions of the Terms of Sale.
1.4. The provisions of the Terms of Sale are an integral part to the Purchase Agreement. The Purchase Agreement and the Terms of Sale are rendered in Czech, English, and Russian. The Purchase Agreement can be concluded in Czech, English, and Russian.
1.5. The Terms of Sale may be altered or amended by the Seller. This provision is without prejudice to the rights and duties arising during the term of the previous version of the Terms of Sale.
2. User Account
2.1. Upon registration on the Website, the Buyer can access their user interface. Using their user interface, the Buyer may place an order on a product (the Buyer’s user interface shall be referred to as “User Account” hereafter). If enabled by the Web Shopping Interface, the Buyer may place an order on a product without prior registration directly through the Web Shopping Interface as well.
2.2. During registration on the Website as well as when placing an order on a product, the Buyer must enter all required data items correctly and truthfully. The Buyer must update the data entered in the User Account upon any change to the data. The data entered by the Buyer in the User Account and when placing an order on a product is considered by the Seller to be correct.
2.3. Access to the User Account is secured with a username and password. The Buyer must ensure that the information required to access their User Account remains confidential; the Buyer shall note that the Seller shall not be liable for breach of confidentiality on the part of the Buyer.
2.4. The Buyer shall not let any third party use their User Account.
2.5. The Seller may terminate a User Account, especially if the Buyer has not been using their User Account for over 365 days or if the Buyer breaches their duties as set by the Purchase Agreement (including the Terms of Sale).
2.6. The Buyer shall note that the User Account may not be accessible at all times, especially with regard to necessary maintenance of hardware and software of the Seller and/or a third party.
3. Concluding a Purchase Agreement
3.1. The Web Shopping Interface contains a list of products for sale by the Seller, with the prices for individual items included. These prices on the products for sale are final, with all due fees and taxes included. The list of products for sale and the prices thereof remain valid as long as they are displayed in the Web Shopping Interface. This provision shall not limit the Buyer’s right to conclude a Purchase Agreement setting deviating, individually negotiated conditions. Any and all product offers listed in the Web Shopping Interface shall not be binding; the Seller shall not be required to enter into a Purchase Agreement with regard to such product offers.
3.2. The Web Shopping Interface also contains information on packaging and delivery costs associated with the product.
3.3. To place an order on a product, the Buyer is to fill in an order placement form in the Web Shopping Interface. The order placement form shall particularly contain such information as:
· The product being ordered (the Buyer shall “place” the product being ordered into the electronic shopping cart of the Web Shopping Interface).
· The payment method that would be used for the purchase, as well as the preferred method of delivery of the product being ordered.
· The costs of packaging and delivery of the product (all of provision 3.3. shall hereafter be jointly referred to as “Order”).
3.4. Before the Order is consigned for delivery, the Buyer may check and make changes to the data provided for the Order; this right includes the permission for the Buyer to find and correct any errors made when entering their data in the Order. The Buyer shall place the Order by clicking the “PLACE ORDER” button. The data in the Order is considered to be correct by the Seller. The Seller shall, upon receipt of the order, without delay confirm said receipt to the Buyer via e-mail, sending the confirmation to the e-mail address entered in the user interface or the Order (hereafter referred to as “Buyer’s E-mail Address”).
3.5. The Seller shall always be authorised to, with the nature of the Order (the volume, price, expected delivery costs) taken into consideration, require further confirmation of the Order from the Buyer (e.g., in writing or over phone).
3.6. The contractual relationship between the Seller and the Buyer shall be created on delivery of the confirmation of receipt of the Order (on acceptance); the confirmation shall be sent to the Buyer by the Seller by e-mail, addressed to the Buyer’s E-mail Address.
3.7. The Buyer shall note that the Seller is not required to enter into a Purchase Agreement, especially with respect to persons which/who have previously in a significant manner breached a Purchase Agreement (and/or the Terms of Sale).
3.8. The Buyer agrees to the use of long-distance communications methods in the concluding of the Purchase Agreement. The costs of use of long-distance communications methods in the concluding of the Purchase Agreement (Internet connection costs, phone call costs) on the part of the Buyer shall be covered by the Buyer themselves.
4. Product prices, picking up orders, payment
4.1. The price of any products ordered by the Buyer and the costs related to delivery can, in pursuance of the Purchase Agreement, be paid to the Seller using one of the following methods:
· Transfer to the account of the Seller.
· Cashless payment by card (via the GoPay service).
· Cashless payment through Internetbanking services (selected in the PayPal service).
4.2. Along with the purchase price, the Buyer is also required to pay the Seller the costs of packaging and delivery of the products, unless explicitly stated otherwise.
4.3. For cashless payments, the duty of the Buyer to pay the purchase price shall be considered fulfilled on receipt of payment by the Seller’s account.
4.4. Any potential price discounts offered by the Seller to the Buyer cannot be combined.
4.5. The Seller shall send an invoice to the Buyer for payments arising under the Purchase Agreement if it is common in such business interaction or if it is prescribed by generally applicable binding legislation. The invoice shall be issued by the Seller to the Buyer once the payment for the price of the product(s) has been paid and shall send an electronic copy of the invoice to the Buyer’s E-mail Address.
4.6. In pursuance of the Sales Registration Act, the Seller is required to issue a receipt to the Buyer.
5. Withdrawal from Purchase Agreement
5.1. It is a consumer right of the Buyer to withdraw from a Purchase Agreement within fourteen days of the performance of the Purchase Agreement in question, i.e., typically within fourteen days of delivery of the product(s). The Buyer shall not have the right to withdraw from a concluded Purchase Agreement in the case that, for example, the delivered product has been customised on the Buyer’s request.
It shall only be possible to withdraw from the Purchase Agreement on these conditions:
· The product must be complete, unused, undamaged, and eligible for resale. In the case of KikimoraTeam in particular, the Buyer must keep the product in its original state, undamaged, and unsoiled. Otherwise, the Seller shall deduct a proportional amount of the sum to be refunded, as described in 5.2.
· The product shall be sent back within fourteen days of receipt.
· The returned package must include a copy of the invoice issued for the Order.
· The Seller shall refund only the price of the product, not the return postage, which shall be paid by the Buyer.
· When returning a product, the Buyer shall contact the Seller at info@kikimorateam.com.
· The Buyer must never send a cash-on-delivery package when returning a product to be refunded. Cash-on-delivery packages shall not be accepted.
· The refundable amount shall be credited to the bank account of the Buyer within fourteen days of receipt of the returned product.
· Purchase Agreement Withdrawal Form downloadable here.
5.2. The Buyer shall note that damage and/or signs of wear or partial wear on the product returned by the Buyer shall entitle the Seller to financial compensation for the damage from the Buyer. The Seller is entitled to unilaterally offset their claim for such compensation against the Buyer’s purchase price refund. The Seller is also entitled to unilaterally offset a contractual penalty under the Purchase Agreement against the Buyer’s purchase price refund.
6. Product Shipping and Delivery
6.1. Unless stated otherwise in the Purchase Agreement, the shipping method for ordered products shall be chosen by the Seller. Should the Purchase Agreement state a particular shipping method on Buyer request, the Buyer shall bear the risk and cover any additional costs of using such shipping method.
6.2. If under the Purchase Agreement the Seller is required to deliver the ordered product to an address specified by the Buyer in the Order, the Buyer shall be required to accept the product on delivery. Should the Buyer not accept the product on delivery, the Seller is entitled to withdrawal from the Purchase Agreement.
6.3. If it becomes necessary to repeat the delivery or ship the ordered product using a different method than the one stated in the Order due to obstacles on the part of the Buyer, the Buyer is required to cover the costs of repeated delivery and/or the costs of using a different shipping method.
6.4. The Buyer shall be required to check the packaging of the product for damage on delivery; if any damage is found, the Buyer shall immediately inform the carrier. If any damage displaying signs of unauthorised intrusion into the package are found, the Buyer shall not be required to accept the package from the carrier. By signing the delivery note, the Buyer shall acknowledge that the delivery of the product meets all due terms and that any later complaints regarding damaged packaging would not be considered.
6.5. The Seller may specify further rights and duties to the parties to the Purchase Agreement with regard to the delivery of the ordered product in the terms of delivery.
7. Liability for Damage, Warranty, Complaints, Out-of-court settlements
7.1. The rights and duties of the contractual parties regarding the liability of the Seller for damaged products, including the Seller’s liability under the warranty, shall be governed by generally applicable binding legislation (particularly provisions of the Civil Code starting with Section 612 onwards).
7.2. The Seller shall be liable to the Buyer for the conformity of the product sold with the Purchase Agreement and particularly for the flawlessness of the product. ‘Conformity of the product sold with the Purchase Agreement’ shall be understood to mean that the product sold is of the quality and functional characteristics as required by the Purchase Agreement, specified by the Seller, manufacturer or manufacturer’s representative, or as expectable based on promotional material of the Seller, manufacturer or manufacturer’s representative, or that it is of the quality and functional characteristics common for the type of product in question; the Seller shall also be liable for the product sold meeting the relevant legal requirements, and for it being delivered in the quantity, rate or weight matching such requirements and matching its common purpose or the purpose specified for the product by the Seller.
7.3. Should, on delivery, the product not be found in conformity with the Purchase Agreement (referred to hereafter as “Lack of Conformity with the Purchase Agreement”), the Buyer shall be entitled to having the Lack of Conformity with the Purchase Agreement remedied by the Seller for free and without undue delay; this may be remedied either by replacing the product or by fixing it, as selected by the Buyer; should both options be impossible, the Buyer is entitled to withdrawal from the Purchase Agreement or to a discount on the price of the product corresponding to the nature of the Lack of Conformity with the Purchase Agreement. This shall not apply if the Buyer is found to have had knowledge of the Lack of Conformity with the Purchase Agreement prior to accepting the product or if the Buyer is found to have caused the Lack of Conformity with the Purchase Agreement themselves. A Lack of Conformity with the Purchase Agreement that is discovered within six (6) months of the date of acceptance of the product shall be considered as having been in place on the date of acceptance of the product, unless the nature of the product contradicts such assumption or unless proved otherwise.
7.4. The Seller shall be liable for flaws in the product which prove to cause a Lack of Conformity with the Purchase Agreement after the date of acceptance but within the warranty period unless the product in question is classified as perishable or used goods.
7.5. The rights of the Buyer arising under the provisions herein on the Seller’s liability for flawed products, including liability under the warranty, can be claimed by the Buyer on the business address of the Seller or at the Sellers e-mail address, info@kikimorateam.com.
7.6. The Czech Trade Inspection Authority (CTIA) shall be the entity relevant to out-of-court settlements of consumer disputes under purchase agreements; the CTIA is located on Štěpánská 567/15, 120 00, Praha 2, Company Identification Number: 00020869, www.coi.cz.
8. Additional Rights and Duties of Contractual Parties
8.1. The Buyer shall acquire ownership rights to the product on payment of the full purchase price of the product.
8.2. The Buyer shall note that the software and other components forming the Web Shopping Interface (including photographs of the listed products) are all protected by copyright law. The Buyer hereby agrees not to engage in any activity which could result in their or a third party’s unauthorised use of or tampering with the software and/or other components forming the Web Shopping Interface.
8.3. The Buyer shall not, when using the Web Shopping Interface, be authorised to use any mechanisms, software, or other methods which could negatively affect the operation and/or performance of the Web Shopping Interface. The Web Shopping Interface may only be used to the extent that a customer’s use of it does not come at the expense of the user experience of other customers of the Seller, and it can only be used in accordance with its purpose.
8.4. The Seller shall in their relationship with the Buyer not be bound by any codes of conduct as defined in Section 53a(1) of the Civil Code.
8.5. The Buyer shall note that the Seller shall not be liable for any errors arising out of third-party interference in the Website and/or out of use of the Website in contradiction of its purpose.
9. Personal Data Protection and Commercial Communication
9.1. The full data protection terms can be found here: https://kikimorateam.com/content/6-ochrana-osobnich-udaju
10. Delivery
10.1. Unless agreed otherwise, all correspondence related to a Purchase Agreement must be delivered to the other party in writing (i.e., by electronic mail), in person, or by registered mail using a postal service provider of the sender’s choice. All mail to the Buyer shall be addressed to the e-mail address specified in their User Account.
10.2. A message shall be considered delivered:
· For e-mail, on receipt of the message by the server serving the relevant party’s Inbox; the integrity of electronic mail messages may be verified with a certificate.
· For delivery in person and by registered mail, on acceptance of the package by the addressee.
· For delivery in person and by registered mail, alternatively, should the addressee (or a person authorised to accept the package) refuse to accept the package, on rejection of the package.
· For delivery by registered mail, on expiration of the ten-day (10-day) period since the notification of delivery and over which the registered mail package is lodged at the postal service provider, even if the addressee does not find out about the lodging.
11. Final Provisions
11.1. If there is an international aspect to the relationship based in the use of the Website or to the legal relationship arising under a Purchase Agreement, the parties thereto agree to the relationship’s being governed by Czech law. This provision does not encroach on the consumer rights of the Buyer arising under generally applicable binding legislation.
11.2. The Seller is authorised to sell the products on the basis of their holding the required trade permit and due to the fact that this trading activity is not regulated any further. Trading inspections are in the jurisdiction of the respective Trade Licensing Office.
11.3. If any of the provisions hereof are invalid or ineffective or are rendered so, such provision(s) shall be replaced by a provision whose effect is closest to the ineffective provision. Any provision hereof which is invalid or ineffective shall be severable and the remaining provisions hereof shall remain valid. Changes and amendments to the Purchase Agreement and/or the Terms of Sale must be rendered in writing.
11.4. The Purchase Agreement including the Terms of Sale shall be archived by the Seller electronically and shall not be publicly accessible.
11.5. Seller’s contact information:
· Returning products address: Papírnictví U zvonu, Plzeňská 13/74, 150 00, Praha.
· E-mail address: info@kikimorateam.com.
· Phone number: +420 776 054 652