These terms and conditions apply to purchases in the online store https://killabeez.cz. The conditions specify the rights and obligations of the seller and the buyer.
E-shop name: killabeez.cz
Operator: David Moucha
Registered seat: Pod Humny 312, 29442 Luštěnice
IČ: 88117243, DIČ: CZ9108131010
Registered in the trade register kept by the Mladá Boleslav Municipal Office
The seller undertakes to respond to written or electronic correspondence from the buyer immediately, no later than within two working days.
The information about the goods and price provided by the seller is binding, except for obvious error. Prices are presented including all taxes (eg VAT) and fees, except for the cost of delivery of goods.
Information on accepted methods of payment are listed HERE The seller does not charge any fees depending on the method of payment, except cash on delivery.
Acceptance of an offer with a supplement or deviation is not acceptance of the offer.
Confirmation of the content of the contract concluded in a form other than in writing, which shows deviations from the actually agreed content of the contract, has no legal effect.
Acceptance of unsolicited performance by the buyer does not mean acceptance of the offer. The photos listed on the store's website correspond to the goods sold.
Delivery of goods
The seller will deliver the goods to the buyer complete, no later than 14 days from the confirmation of the order, unless the individual goods specify a different delivery time. If the goods are marked "in stock", the seller will send the goods within ten working days at the latest. The buyer is obliged to take over the goods and pay. The buyer is advised to inspect the goods as soon as possible upon receipt.
Documents for the goods, especially the tax document, confirmations and certificates, shall be sent by the seller to the buyer immediately after receipt of the goods, no later than two days after receipt of the goods by the consumer.
If the buyer so requests, the seller will confirm in writing, to what extent and for how long his obligations from defective performance last and how the buyer can exercise the rights from them.
Price and method of delivery HERE
If the buyer does not take over the goods within the agreed time by violating his obligation, he is obliged to pay the seller a storage fee for each day of delay in the amount of CZK 10, but a maximum of CZK 300. The Seller is entitled, after demonstrably notifying the Buyer by e-mail and giving him a new reasonable period for acceptance, to sell the goods in a suitable manner. The costs of storage and the costs of futile delivery of goods due to lack of cooperation on the part of the buyer in the necessary amount, the seller is entitled to offset against the buyer against the proceeds of the sale.
Order cancellation and withdrawal from the contract
The buyer may withdraw from the contract within 14 days of receipt of the goods or the last part of the delivery, regardless of the method of receipt of goods or payment. This period is intended to acquaint the buyer to a reasonable extent with the nature, properties and functionality of the goods.
The buyer is entitled to withdraw from the contract at any time before delivery of the goods.
Withdrawal from the contract will be sent or handed over by the buyer to the seller within 14 days. The buyer does not have to state the reason for which he withdraws from the contract. To facilitate communication, it is appropriate to state the date of purchase or the number of the contract / sales document, bank details and the chosen method of returning the goods in the withdrawal.
The seller is obliged to return to the buyer the amount fully corresponding to the price of the goods and paid delivery costs within 14 days of withdrawal from the contract and delivery of the goods back to the seller, in the same way as he received the payment, ie to a bank account or postal order. If the seller offers several options within a certain method of delivery of goods, he is obliged to replace the cheapest of them to the buyer. The buyer is obliged to send or hand over the purchased goods to the seller within the same period. The goods should be returned to the seller (not cash on delivery) complete, preferably in the original packaging, must not show signs of wear or damage. The cost of returning the goods is borne by the buyer.
The seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.
If the returned goods are damaged by a breach of the buyer's obligations, the seller is entitled to claim from the buyer compensation for the reduction in the value of the goods and set it off against the amount returned.
Exceptions: The right of withdrawal may not be exercised in contracts for the supply of digital content if it has not been delivered on a tangible medium, or in contracts for the provision of services, in both cases provided that performance has taken place with the prior express consent of the buyer before the withdrawal from the contract; furthermore, in the case of contracts for the supply of services or goods (including alcoholic beverages), the price of which depends on fluctuations in the financial market independently of the will of the seller; for contracts for the supply of goods adapted to the wishes of the buyer or for his person and for contracts for perishable goods, for goods which have been irretrievably mixed with other goods or removed from a closed package and cannot be returned for hygienic reasons; for the supply of audio or video recordings or computer
programs if the buyer has broken their original packaging; for newspaper delivery, magazines or other periodicals; in the case of contracts for accommodation, transport, meals or the use of leisure time provided within a specified period or in the case of contracts concluded on the basis of a public auction in accordance with the law governing public auctions.
A sample / online form for withdrawal from the contract is available HERE
The seller is entitled to withdraw from the contract at any time before delivery of the goods, if he is not objectively able for reasons on the part of third parties to deliver the goods to the buyer within a period appropriate to the circumstances and / or if it turns out that the buyer has breached a previously concluded contract with the seller.
The seller also warns the buyer that the contract is not concluded if there are legitimate doubts about the true identity of the buyer or in case of obvious errors in the information about the goods or price.
Rights and obligations from defective performance
Quality at acceptance
If the received goods have deficiencies (eg do not have agreed or legitimately expected properties, do not fit for the usual or agreed purpose, are not complete, do not correspond to its quantity, measure, weight, or quality does not correspond to other legal, contractual or pre-contractual parameters), defects of goods for which the seller is responsible.
The buyer may claim from the seller, no later than two years from the receipt of the goods at his request, the right to free removal of the defect or a reasonable discount on the price; if this is not disproportionate to the nature of the defect (especially if the defect cannot be remedied without undue delay), the requirement to deliver a new item without defects or a new part without defects may be applied if the defect concerns only this part.
If repair or replacement of the goods is not possible, upon withdrawal from the contract, the buyer may demand a refund of the purchase price in full.
Within six months of receipt of the goods, it is presumed that the defect in the goods already existed upon receipt of the goods.
The seller is not obliged to comply with the buyer's claim if he proves that the buyer knew about the defect of the goods before taking over or caused it himself.
Legal rights from defects
The seller is responsible for defects arising after receipt of the goods during the 24-month warranty period or during the shelf life stated in the advertisement, on the packaging of the goods or in the attached instructions.
Within this period, the buyer can file a complaint and, at his option, claim a defect that constitutes a material breach of contract (regardless of whether the defect is remediable or irremediable):
- elimination of the defect by delivery of a new item without a defect or by delivery of a missing item;
- free removal of the defect by repair;
- a reasonable discount from the purchase price; or
- refund of the purchase price on the basis of withdrawal from the contract.
- Substantial is a breach of contract which the breached party already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if it had foreseen the breach.
- In the case of a defect that means a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to eliminate the defect or a reasonable discount on the purchase price.
If a remediable defect has occurred repeatedly after repair (third claim for the same defect or fourth for different defects) or the goods have a large number of defects (at least three defects at the same time), the buyer can claim a discount on the purchase price, exchange goods or withdraw from the contract .
The seller is not responsible for defects caused by normal wear and tear or failure to follow the instructions for use.
For selected goods, the seller undertakes to offer the buyer an extended contractual warranty.
For selected goods with a price above CZK 3,000, the seller undertakes to provide the buyer with an extended contractual warranty free of charge for a period of at least 36 months.
The buyer is obliged to file a complaint with the seller or the person designated for repair without undue delay from the discovery of the defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the method of handling the complaint.
The form can be downloaded HERE
The buyer is obliged to inform the seller which right he has chosen when notifying the defect, or without undue delay after notifying the defect. A change of choice without the consent of the seller is possible only if the buyer has requested the correction of a defect that proves to be irreparable.
If the buyer does not choose his right from a material breach of contract in time, he has the rights as in the case of a minor breach of contract.
The buyer is obliged to prove the purchase of goods (preferably by proof of purchase). The deadline for settling a complaint runs from the moment the complaint is filed (notified). The buyer will hand over or deliver the goods to the seller or to the place designated for repair at the same time or subsequently after the complaint has been lodged. The goods should be packed in suitable packaging during transport to prevent damage, they should be clean and complete.
The seller is obliged to immediately, no later than within three working days, decide on the complaint, or that the decision requires professional assessment. They shall provide the buyer with information on the need for an expert assessment within this period. The seller will handle the complaint, including the elimination of the defect, without undue delay, no later than within 14 days of its application, unless they agree in writing with the buyer on a longer period. After this period, the buyer has the same rights as if it were a material breach of contract.
If the seller refuses to eliminate the defect, the buyer may request a reasonable discount on the price or withdraw from the contract.
The warranty period is extended by the time from the claim to its settlement or until the time when the buyer was obliged to pick up the item. If the goods or part of them are exchanged, the seller's liability shall apply as if it were a purchase of new goods or part thereof.
If it is not possible to monitor the status of the complaint online, the seller undertakes to inform the buyer of the complaint by e-mail or via SMS.
In the case of a justified complaint, the buyer is entitled to compensation for the costs expediently incurred.
Protection of personal data
The administrator of personal data provided for the purpose of fulfilling the subject of the contract is the seller.
Identification and contact details of the administrator
E-shop name: wuwear.org
Operator: David Moucha
Registered seat: Pod Humny 312, 29442 Luštěnice
Purpose of processing, scope of personal data and legal basis for processing
The Buyer acknowledges that for the purposes of concluding the purchase contract, its subsequent performance (order processing, securing removal and delivery of goods) and possible settlement of rights from defective performance (complaints) the administrator will process and store in accordance with Regulation (EU) 2016/679, General Regulation on Personal Data Protection (hereinafter referred to as GDPR), his personal data
in the following range: name, surname, address, e-mail and telephone number.
The legal basis for the processing of personal data is, in accordance with Article 6 (1) (a), b) GDPR performance of the contract to which the buyer is a party.
Categories of recipients / recipients of personal data
The administrator undertakes not to provide the buyer's personal data to entities other than the following processors:
a) to the contractual carrier, which the buyer chooses in the order form, for the purpose of delivery of goods, the list of carriers is available HERE and the data will be provided to the following extent: name, surname, address, e-mail, telephone number;
b) to the operator of the Heureka.cz portal for the purpose of generating and sending satisfaction questionnaires with purchases within the Verified by customers program, in which the online store is involved. The legal basis for processing in this case is in accordance with Article 6 (1) (a). f) GDPR legitimate interest of the administrator, which consists in determining the satisfaction of the buyer with the purchase from the administrator. The sending of questionnaires concerns all buyers who have not refused to send commercial communications in the sense of § 7 paragraph 3 of the Act on Certain Information Society Services (No. 480/2004 Coll.), And is carried out after each purchase on the online store. The operator of the Heureka.cz portal is entitled to use the submitted e-mail address exclusively for the purpose of generating and sending a satisfaction questionnaire in the sense of the Conditions of the Verified by Customers program available HERE. At any time, the buyer may object to the sending of e-mail questionnaires within the Verified by Customers program by rejecting other questionnaires using the link in the e-mail with the questionnaire. In case of objection, the questionnaire will not be sent to the buyer.
Personal data will be stored by the administrator for the time necessary to fulfill the contract (order processing, removal and delivery of goods) and also for the statutory warranty (24 months from receipt of the goods) or for the duration of the contractual guarantee.
The Buyer acknowledges that pursuant to Section 31 of the Accounting Act (No. 593/1991 Coll.), The Buyer is obliged to keep accounting documents and accounting records (invoices) for a period of 5 years beginning at the end of the accounting period to which they relate (ie if you buy goods during 2021, the invoice must be kept until the end of 2026). The administrator also has an obligation arising from § 47 of the Tax Administration Act and
fees (No. 337/1992 Coll.) to keep the invoice for a period of 3 years from the end of the tax period in which the tax liability related to the invoice arose (ie, if you purchase goods during 2021, the invoice must be kept for tax purposes until end of 2024). The invoice contains the following personal data: name, surname and address.
The Buyer also acknowledges that according to § 35 of the Value Added Tax Act (No. 235/2004 Coll.), The administrator is obliged to keep tax documents for a period of 10 years from the end of the tax period in which the performance took place (ie if you buy goods during 2021, the invoice must be kept until the end of 2031). The tax document contains the following personal data: name, surname and address.
Buyer's rights in relation to personal data
The Buyer further acknowledges that according to Articles 15 to 21 of the GDPR he has the right to:
(a) access to personal data, which consists in the right to obtain confirmation from the controller as to whether or not personal data concerning him are being processed and, if so, shall have the right to access such personal data and the information specified in Article 15 GDPR;
b) for the correction of inaccurate personal data concerning him, further taking into account the purposes of processing, the buyer has the right to supplement incomplete personal data, including by providing an additional statement according to Article 16 of the GDPR;
(c) for erasure ("right to be forgotten"), which consists in the controller erasing without undue delay personal data concerning the buyer as soon as they are no longer needed for the purposes of performance of the contract, unless there is another legal reason for their further processing ;
(d) restrictions on the processing of personal data in the cases defined in Article 18 of the GDPR;
(e) the portability of data under the terms of Article 20 of the GDPR;
(f) object to the processing of personal data pursuant to Article 21 of the GDPR.
Upon request, the administrator shall provide the buyer with information on the measures taken in any case no later than 15 days from the receipt of the request.
The controller undertakes to provide the buyer, if he exercises his right to access personal data, free of charge, in addition to the first copy of the processed personal data, also a free second copy, if the buyer requests it.
In case of doubts about the processing of personal data, the buyer has the right to contact the Office for Personal Data Protection, which is the supervisory body in this area, and file a complaint.
The seller will allow the purchase without registration, while using the data of unregistered buyers exclusively for the performance of the subject of the contract, not for marketing or business purposes.
Mutual disputes between the seller and the buyer are resolved by ordinary courts.
Pursuant to the Consumer Protection Act (No. 634/1992 Coll.), A buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The Czech Trade Inspection Authority is the entity that is authorized to resolve the dispute out of court. More information is available on the website www.coi.cz.
Out-of-court settlement of a consumer dispute is initiated exclusively at the request of the consumer, and only if the dispute has not been resolved directly with the seller. The application may be filed no later than 1 year from the date on which the consumer exercised his right, which is the subject of the dispute, with the seller for the first time.
The consumer has the right to initiate out-of-court dispute resolution online via the ODR platform available at ec.europa.eu/consumers/odr/.
This procedure is not mediation under the Act on Mediation (No. 202/2012 Coll.) Or arbitration under the Act on Arbitration and Enforcement of Arbitral Awards (No. 216/1994 Coll.) And its use does not affect the right of the parties to turn to their claim. to the Czech Trade Inspection Authority or to a court.
For the duration of the negotiations on the out-of-court settlement of the dispute, the limitation and preclusion periods under the Civil Code shall not run or begin to run until one of the parties to the dispute expressly refuses to continue the negotiations.
Supervision of compliance with obligations under the Consumer Protection Act (No. 634/1992 Coll.) Is performed by the Czech Trade Inspection Authority (www.coi.cz).
For the purposes of these terms and conditions, the buyer means a consumer who is a person who, unlike the seller, does not act within the scope of his business activities or the independent performance of his profession when concluding and fulfilling the contract.
For the purposes of these terms and conditions, the seller means an entrepreneur who, unlike the buyer, acts within the scope of his business activities or the independent performance of his profession when concluding and fulfilling the contract.
Other matters not listed here are governed by the Civil Code (No. 89/2012 Coll.), The Consumer Protection Act (No. 634/1992 Coll.) And other legal regulations, as amended.
The contract and related issues are governed by Czech law.
Changes to the terms and conditions in other than mutually agreed written form are excluded.
These terms and conditions are effective as of February 1, 2021.