Terms & Conditions
General terms and conditions (hereinafter referred to as “Terms”)
1. Introductory provisions
1.1 These Terms of the natural person
Ing. Kateřina Kelterborn
Address: Tučkova 919/28, 602 00 BRNO, the Czech Republic
Registered in Czech trade licensing register under number 17645603
(hereinafter referred to as the “Seller”) will be governed by § 2079 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “CC”), mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Customer”), both at the Seller’s workshop and through of the Seller’s e-shop, which is the Seller’s web application located at: www.kelterborn-crafts.com where Customers can purchase Seller’s Goods / Products through the website interface (hereinafter referred to as the “web interface”)
1.2. Goods / Product means movable goods delivered by the Seller to Customers or manufactured and delivered by the Seller to Customers. For closer approximation the Seller states that Goods means movable goods sold by the third parties; the Product is understood movable goods that the Seller manufactures himself.
1.3. For the purposes of these Terms, the Customer means the recipient of the Goods / Products manufactured/delivered by the Seller, which he receives from the Seller for monetary payment. These Terms apply exclusively to the consumer as defined in § 419 of the CC, ie to any person who, outside the scope of his business or outside the independent exercise of his profession, concludes a contract with the Seller or otherwise negotiates with the Seller. These Terms do not apply in cases where a person who intends to purchase the Goods / Product from the Seller is a legal person or a person who acts in ordering the Goods / Product in the course of their business activity or within their independent profession.
1.4. The Seller is entitled to sell the goods on the basis of a trade licence registered in the trade licensing register of the Czech Republic (Reg. Number: 17645603).
1.5. Provisions differing from the Terms can be agreed in a separate purchase contract. Differing agreements in the purchase contract take preference over the provisions of the Terms.
1.6. The provisions of the Terms are an integral part of the purchase contract in accordance with the provisions of Section 1751 in paragraph 1 of the Civil Code. The purchase contract and the Terms are made in the § 1751 Czech and English language. The purchase contract can be concluded in Czech or in English.
1.7. The Seller may change or complete the wording of the Terms. This provision will not affect the rights and obligations arising during the effective date of the previous version of the Terms.
2. User Account
2.1. Based on the registration made on the e-shop page operated by the Seller, the Customer can access his user interface. From his user interface, Customer may order the Goods/Product (hereinafter referred to as the “User Account”).
2.2. When registering in the Seller’s e-shop and ordering the Goods/Product, the Customer is obliged to provide all data correctly and truthfully. The customer is obliged to update the information provided in the user account upon any change. The information provided by the Customer in the user account and when ordering the Goods/Product are considered correct by the Seller.
2.3. Access to the user account is secured by a user name and password. The Customer is obliged to maintain confidentiality regarding the information necessary to access his user account. The customer is not entitled to allow the use of the user account to third parties.
2.4. The Seller may cancel the user account if the Customer violates his obligations under the purchase contract (including the trade terms).
2.5. Customer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Hardware and Software Equipment of the Seller, or necessary maintenance of third-party hardware and software equipment.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The web interface of the store contains information about goods/products, including the indication of their prices. Prices are listed including value added tax and all related fees in CZK (Czech Crowns) or in EUR (€). They remain valid while they are displayed in the eshop’s web interface. The prices shown are at all discounts and are final. This provision does not limit the possibility of the Seller entering into a purchase contract with the Customer under individually agreed terms.
3.2. Export restrictions: It is possible that current world situation, especially wars, can prevent our delivery service to reach some countries. In that extreme case, Customer´s order can be cancelled with a full refund. Possibilities of shipping can be found here. In case of non-standard order, the Seller defines the right to arrange the price of the transport with the Customer individually.
3.3. To order the Goods/Product, the Customer will fill out the order form in the web interface of the store. The order form contains in particular information about:
3.3. a. the ordered Goods/Product (ordered “inserted” by the buyer in the electronic shopping cart of the web interface of the store),
3.3.b. method of payment of the purchase price, details of the required method of delivery of the ordered Goods/product,
3.3.c. the costs associated with the delivery of the Goods/Product (hereinafter collectively referred to as “order”).
3.4. Before sending an order to The Seller, the Customer is allowed to review and change the data he has entered into the order, including with regard to the Customer’s ability to detect and correct errors incurred when entering data into the order. The customer sends the order to the Seller by clicking on the “Place order” button. The information provided in the order is considered correct by the Seller. Upon receipt of the order, the Seller shall confirm this receipt to the Customer by e-mail to the customer’s e-mail address specified in the user interface or order (hereinafter referred to as the “Customer’s e-mail address”).
3.5. The Seller is always entitled, depending on the nature of the order (quantity of the Goods/Product, the amount of the purchase price, the estimated shipping costs), to ask the Customer for an additional confirmation of the order (for example, in writing or by phone).
3.6. The contractual relationship between the Seller and the Customer arises from the receipt of the order (acceptance) sent by the Seller by e-mail to the Customer’s e-mail address.
3.7. The Customer agrees to use means of communication remotely when concluding a purchase contract. The costs incurred by the Customer when using means of communication remotely in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) are paid by the Customer himself.
3.8. The purchase contract as well as all the rights arising there from and coming into being in the connection of it are governed by the law of the Czech Republic. They are not affected by the consumer’s rights which may be guaranteed him by the foreign law of the place where the buyer has his residence if it is the place where the goods can be delivered.
3.9. Jurisdiction: disputes arising out of or in connection with this Contract will be settled by the courts of justice of the Czech Republic.
3.10. Applicable law: this Contract and the relations arising there from are governed by the Czech law. The Seller informs the Customer that, in the case of the application of Article 6 of Regulation (EC) No. 593/2008 is without prejudice to the protection afforded to the customer by the provisions of the law which would be applicable in the absence of that arrangement.
4. PRICE OF GOODS/PRODUCT AND PAYMENT TERMS
4.1. The price of the Goods/Product and any costs associated with the delivery of the Goods/Product according to the purchase contract, the Customer may pay to the Seller in the following ways:
4.1.a. In cash on delivery at the delivery address specified by Customer in the order (only in case of delivery to Czech Republic). This doesn’t include custom-made products, where the Seller always requires payment in advance.
The Seller also has the right to require payment in advance if the Customer wants customize their product.
4.1.b. By cashless transfer (advance payment) to the Seller’s account:
EUR currency: IBAN: CZ74 3030 0000 0024 2018 5039; SWIFT: AIRACZPP
USD currency: IBAN: CZ52 3030 0000 0024 2018 5047; SWIFT: AIRACZPP
CZK currency: IBAN: CZ27 3030 0000 0024 2018 5012 SWIFT: AIRACZPP
The payment due in advance is within 10 working days from the date of ordering – if not paid, the order will be cancelled.
The Customer undertakes to pay in advance all costs (fees) associated with the transfer of the agreed amount in the event of payment.
4.1.c. Cashless by credit card (advance payment) with delivery to the Customer’s address. We accept card payments with Visa, MasterCard, China UnionPay (CUP), Discover, Diners, Japan Credit Bureau (JCB) and American Express. More info about accepted cards can be found on Stripe webpage.
We also accept payment via PayPal.
4.2. Together with the purchase price, the Customer is also obliged to pay the Seller the costs associated with the packaging and delivery of the Goods/Product in the agreed amount.
4.3. The total price of the order includes all Czech taxes and fees that are connected with the purchase. However, the price DOES NOT INCLUDE any of local taxes or custom duty that may arise in Customer´s country. Also, the Seller is not obliged to advise about Customer´s local taxes.
4.4. In the case of cash on delivery, the purchase price is payable upon receipt of the Goods/Product. In the case of non-cash payment, the purchase price is payable in advance.
4.5. In case of cashless payment, the Customer is obliged to pay the purchase price of the Goods together with variable symbol with the payment. In this case, the obligation of the Customer to pay the purchase price is completed in the moment of receiving the amount on the bank account of the Seller.
4.6. Any discounts on the price of the Goods/Products provided by the Seller to the Customer cannot be combined with each other.
4.7. If this is customary in the course of business or is provided for by generally binding legislation, The Seller will issue a tax document – invoice to the Customer regarding payments made under the purchase contract. The Seller is not a value added tax payer. The tax document – the invoice is issued by the Seller to the Customer after payment of the price of the Goods/Product and is sent together with the Goods/Product to the Customer’s address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT AND RETURN OF GOODS/PRODUCTS PURCHASED IN A DISTANCE METHOD
5.1. The right to resign from the purchase contract
5.1.a. The Customer is entitled to resign from the purchase contract in those cases where he is granted this by Law No. 89/2012 Coll., the Civil Code, in valid wording, concretely its provisions of § 1829, within 14 days from the date of receipt of the Goods/Product by the Customer or by the third party designated by him.
5.1.b. For the purposes of applying the right of withdrawal, the Customer must inform the Seller of his withdrawal from this Contract in the form of unilateral legal action (for example, by letter sent through the postal service operator or by e-mail). He does not have to state the reason for which he is stepping down, but in both the cases he will fill in the Contract Withdrawal Form.
5.1.c. In order to comply with the period for withdrawing from the contract , it is sufficient to forward the withdrawal by Contract withdrawal form on the last day of the deadline to the authority which is obliged to deliver it (the postal operator) or to send it by e-mail to the address info@kelterborn-crafts.com
5.2 The Customer is obliged to return the goods without undue delay, no later than 14 days after the date on which he sent customer’s notice of withdrawal.
5.3 The returned goods must be complete and undamaged and sent in a way that it is not damaged during transportation.
If it´s the returned goods damaged by breaking the obligation by the Customer (e.g. by breaking storage rules or unsufficient packaging for transport) the Seller can deduct the value from the returned amount (only if it´s possible to repair the goods) or refuse to return the whole amount (if the Goods is beyond repair).
5.4 The Seller is obliged to pay price of the returned goods within 30 days from receipt of both the Goods and the Contract Withdrawal Form into the hands of the Seller. The amount is returned to the Customer´s bank account, which is filled in the Contract Withdrawal Form. Filling the correct account number into Contract Withdrawal Form is responsibility of the Customer.
5.5. The costs associated with the return of the Goods/Products will be borne by the Customer.
5.6. The Customer acknowledges that according to the provisions of § 1837 of the CC, the purchase contract for the supply of goods/products, which has been modified according to the customer’s wishes or for his person, cannot be withdrawn from the purchase contract for the supply of goods/product which is subject to perishability, as well as goods/product which, after delivery, has been irretrievably mixed with other goods, from the purchase contract for the supply of goods/product in a sealed package, which the Customer has excluded from the packaging and cannot be returned from the packaging for hygienic reasons.
5.7. If a gift is provided to the Customer together with the Goods/Product, the gift agreement between the Seller and the Customer is concluded with the binding condition that, if the purchase contract is withdrawn by the Customer, the gift agreement for such a gift of efficiency is left and the Customer is obliged to return the gift provided together with the Goods/Product to the Seller.
6. TRANSPORT AND DELIVERY OF GOODS/PRODUCT
6.1. Unless otherwise agreed, the Goods/Product is supplied through the Czech Post or another contractual carrier of the Seller.
6.1.a. Upon previous agreement, the Customer from the Czech Republic can choose „local pickup“ option. This means meeting on a certain place with the Seller where handing over of the Goods/Product will happen. This never happens in the the business premises.
6.2. In the event that the mode of transport is contracted on the basis of the Customer’s specific request, the Customer will bear the risk and any additional costs associated with this method of transport.
6.3. If the Seller is obliged under the purchase contract to deliver the Goods/Product to the place specified by the Customer in the order, the Customer is obliged to take over the Goods/Product upon delivery. The transfer time of the shipped Goods/Product to the carrier is 3 business days from the confirmation of the order, in case of payment by transfer 3 business days from the receipt of the payment from the Customer. When the shipment is not picked up, the Seller may claim payment of the transport.
6.4. In the event that, for reasons on the side of the Customer, the Goods/Product must be delivered repeatedly or otherwise than specified in the order, the Customer is obliged to pay the costs associated with the re-service of the Goods/Product or the costs associated with other means of delivery.
6.5. The cost of postage can be found in Shipping section; with the Seller noting that the prices of freight (or time stampage) may vary depending on changes in carrier prices.
6.6. The costs associated with the return of the Goods/Products will be borne by the Customer.
6.7. Delivery time when sending goods is fully dependent on the contractual carrier of the Seller but not on the Seller himself. Usual delivery time is 1-3 days in the Czech republic and 3 – 60 days abroad.
7. COMPANY RECOMMENDATION ON THE STORAGE OF GOODS/PRODUCTS
7.1. The Seller notifies Customers that with the respect to the nature of the Goods/Products which he manufactures/supplies, they must also be cared for and stored appropriately as described in Recommended Usage and Storage Rules.
If Usage and Storage Rules haven´t been observed, the Customer loses the right to claim the right of defective performance related to a fault which came from violation of these rules.
8. THE RIGHTS OF DEFECTIVE PERFORMANCE
8.1. The rights and obligations of the contracting parties concerning the rights of defective performance are governed by the generally binding legal regulations of the Civil Code (in particular Sections 914 to 925, Sections 2099 to 2117 and Sections 2161 to 2174) and the Consumer Protection Act.634 / 1992 Coll. as amended.
8.2. In terms of quality when taking over the Goods/Product and rights from defective performance, the Seller refers to the Complaints Code, which is an integral part of these Terms.
8.3. In case of customer’s disagreement with the result of the complaint, the Customer may contact the Czech Business Inspection, the State Agricultural and Food Inspection Authority, the Trade Office, the Customs Office.
9. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1. The Customer acquires ownership of the Goods/Product by paying the full purchase price.
9.2. The Seller is not bound by any codes of conduct within the meaning of Section 1826 in paragraph 1 letter e) of the CC in relation to the Customer.
9.3. The out-of-court settlement of complaints is initiated solely on the basis of the Customer’s request via the electronic address info@kelterborn-crafts.com. The Seller will send the information on the handling of the complaint to the Customer’s email address. If the out-of-court dispute cannot be settled directly, it is possible to address the relevant Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, Prague 2, Reg. No.: 000 20 869. The application may be submitted no later than 1 year from the date of the Customer´s applying the right for the first time. The customer has the right to initiate an out-of-court online dispute resolution established by the European Commission via the ODR platform.
9.4. The Customer here assumes the risk of a change in circumstances within the meaning of § 1765 in paragraph 2 of the CC by it.
10. PROTECTION OF PERSONAL DATA
10.1. The protection of The Customer’s personal data is provided by the Natural Persons Protection Act according to Regulation 2016/679 of the European Parliament and of the Council of the EU of 27 June 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, which entered into validity on 25 April 2016 (hereinafter referred to as GDPR). The information obligation to the Buyer is provided by the separate document – Privacy Policy.
11. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
11.1. By submitting an order, the Customer agrees that the Seller can send information and/or questions related to the order to the Customer’s e-mail address specified in the registration.
11.2. The Customer agrees to save the so-called cookies on his computer. In the event that the purchase on the website is possible to make and the seller’s obligations from the purchase contract are fulfilled without depositing the so-called “purchase contract”. cookies on the Customer’s computer, the Customer may withdraw the consent under the previous sentence at any time.
12. FINAL PROVISIONS
12.1. If a provision of the Terms is invalid or ineffective, or becomes such, instead of invalid provisions, a provision will be made, the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or Terms require written form.
12.2. These Terms and Conditions are processed by the Czech Republic’s current consumer protection regulations and comply with Directive 2011/83 / EU of the European Parliament and of the Council on Consumer Rights, amending Council Directive 93/13 / EEC and Directive 1999/44 / EEC of the European Parliament and of the Council and repeals Council Directive 85/577 / EEC and Directive 97/7 / EEC of the European Parliament and of the Council.
delivery address:
Ing. Kateřina Kelterborn
Tučkova 919/28
602 00 Brno
the Czech Republic
e-mail address: info@kelterborn-crafts.com
These Terms will take effect on March 1, 2023.
In Brno on March 1, 2023.
