Terms and Conditions

These terms and conditions issued pursuant to § 1751 et seq. Act No. 89/2012 Coll., the Civil Code as amended (hereinafter referred to as the "Civil Code") govern the contractual terms of sale and delivery of goods purchased through the online store located on the website www.petrkahanek.com, which is operated by:

  • Petr Kahanek
  • ID number: 09800409
  • registered office Čeladná 569, 739 12 Čeladná, Czech Republic

entered in the trade register, competent authority according to §71 paragraph 2 of the Trade Act: Municipal Office Frýdlant nad Ostravicí

(hereinafter referred to as the "Seller").

The seller is not a VAT payer.

Contact details of the Seller

The seller can be contacted via the contact details below:

  • address: Čeladná 569, 739 12 Čeladná, Czech Republic
  • phone: +420 603 283 813,
  • e-mail: petr.kahanek@post.cz

Definitions

The buyer is the person who concludes the purchase contract with the seller. The buyer can be a consumer or an entrepreneur.

A consumer is any person who, outside the scope of his business activity or independent performance of his profession, concludes a contract with an entrepreneur or deals with him in any other way.

An entrepreneur means a person who concludes contracts related to his own business, production or similar activity or in the independent exercise of his profession, or a person who acts on behalf of or on behalf of an entrepreneur.

Information

The marking of the goods and a description of its properties, including its price including all taxes, fees and other similar monetary payments, are always displayed for a specific product (goods) in the online store on the Seller's website. In the case of the sale of digital content, data on the functionality of the digital content, including technical protection measures, and data on the interaction of the digital content with hardware and software are also provided for the specific product (goods). The prices of goods listed in the online store are valid for the duration of their display in the online store.

The Seller requires the payment of the purchase price before the Buyer takes over the performance, with this in mind the Seller does not require the payment of advances or other similar payments. Following the Buyer's individual request or in other specific cases, the Seller may proceed to collect a deposit, in which case the Seller will inform the Buyer of the need for a deposit well in advance of the conclusion of the contract or before the Buyer makes a binding offer.

The costs of means of distance communication (Internet connection, telecommunication services) related to the conclusion of the contract do not differ from the basic rate. Such costs incurred by the Buyer in connection with the conclusion of the contract shall be paid by the Buyer.

The image of the goods on the Seller's website and in his online store is only illustrative and may therefore deviate slightly from their actual appearance.

The seller does not follow any binding code of conduct.

Copyright - License

The works offered in the Seller's online store (photos, pictures, printed books, e-books, etc.) are works within the meaning of Act No. 121/2000 Coll., the Copyright Act, as amended, and as such are subject to the protection of this Act. The buyer is entitled to use the copyrighted work only in the manner and to the extent of the license granted. The scope and content of the license is always determined by the Seller in the license agreement (license terms) for a specific copyrighted work. The price of the author's work also includes a fee for its use depending on the scope of the license granted.

In particular, the buyer is obliged to treat the author's work in such a way that there is no unauthorized interference with intellectual property rights. As a rule, the author's work will serve the Buyer only for his personal use (following the granted license). In particular, the buyer must refrain from unauthorized use of the author's work in violation of the granted license, which may consist in its expansion, reproduction, sale, rental, loan, communication to the public or any other provision to third parties. Unless otherwise stipulated in the license agreement (license conditions), the Seller grants a non-exclusive license without territorial restrictions.

Copyright may also apply to the Seller's website itself, in particular to its other content - published photos, videos, graphics, logo, as well as other elements. This website content is also protected by copyright law. Without the consent of the Seller, it is not allowed to deal with the content of this website in violation of the copyright law and other legal regulations, in particular, it is prohibited to expand the content of the website without the consent of the Seller.

Order and conclusion of purchase contract

An order is created by filling out the order form and sending the order to the Seller by clicking on the "Complete order" button. When placing an order, the Buyer first places the desired goods in the basket, after expressing consent to the terms and conditions and the processing of personal data, the Seller fills in his identification and contact information in the basket. The next step is where the Buyer chooses the preferred method of transport and its price, then also chooses the preferred method of payment and, depending on the chosen method of payment, also fills in the payment information. The last step is to check and confirm the order via the button specified above. Without providing the mandatory data, it is not possible to process and fulfill the order. The order can be placed within your customer account or without registration.

By clicking on the "Complete order" button, the order becomes binding, it is only possible to cancel the order until the Buyer receives an email from the Seller containing the confirmation of the order (acceptance of the order). The order can be canceled via the above contact details of the Seller, especially via email or phone.

Immediately after receiving the order, the Seller will confirm its receipt to the Buyer by means of an email sent to the Buyer's specified email address. This confirmation of receipt of the order is not considered to be the conclusion of the contract. After receiving the order, the Seller will send the order confirmation (order acceptance) to the same email address, on the basis of which the purchase contract is concluded. The purchase contract is concluded by confirmation of the order created by the Buyer on the part of the Seller.

With the purchase contract, the Seller undertakes to hand over the item that is the subject of the purchase to the Buyer and enable him to acquire ownership of it, and the Buyer undertakes to take over the item and pay the purchase price to the Seller.

Together with the price of the ordered products, the Buyer also pays the Seller the costs of transport and packaging, which he chooses when filling out his order.

If the Buyer enters incorrect personal or other data, the Buyer may ask the Seller to correct it.

The purchase contract, including the terms and conditions and the tax document, will be stored with the Seller in electronic form for a period determined in accordance with the conditions for the protection and processing of personal data. If the contract was concluded by a registered user (Buyer), it will be accessible to the Buyer in his user account.

The purchase contract is concluded in the Czech language.

Payment

In order to pay the price of the goods and the costs of delivery of the goods according to the purchase contract, the Seller accepts the following payment methods:

  • Payment by credit card
  • Payment by bank transfer to the Seller's account, account number 670100-2219828178/6210, maintained at mBank SA, organizational folder

The buyer's obligation to pay the purchase price is fulfilled by crediting the total price of the order to the Seller's account.

Failure to pay for the order within the deadline set by the Seller, but within 10 days at the latest, is considered a violation of the terms of the purchase agreement and the Seller is entitled to cancel the purchase agreement from the beginning.

Transport (method of delivery of goods)

The Seller uses different delivery methods in connection with the location in which the Buyer is located. In particular, the method of delivery may differ depending on whether the Buyer is being delivered to the territory of the Czech Republic, the territory of the European Economic Area or to a third country. The Buyer chooses the specific method of transport as part of his order, where the current price of transport and packaging will be indicated at the same time. Information on all modes of transport offered, their terms and prices, including packaging, is available on the Seller's website.

The goods are delivered to the Buyer at the address specified by the Buyer in the order. The Buyer takes over the goods upon delivery, by paying the entire purchase price and taking over the purchased goods, the Buyer acquires ownership of the thing (goods). Upon acceptance of the goods, the risk of damage to the goods passes to the Buyer.

If the Buyer does not accept the goods, the Seller is responsible for the payment for storage in the usual amount, or payment related to repeated delivery. If the Buyer did not take over the thing, although the Seller allowed him to handle it, the risk of damage passes to the Buyer.

The Seller shall hand over the item to the Buyer without undue delay after the conclusion of the contract, but within 30 days at the latest.

Upon receiving the order from the carrier, the buyer is obliged to check the order carefully, to find out whether the shipment has been damaged or if its packaging has not been damaged, and to immediately report any defects directly to the carrier. In justified cases, especially in cases where the shipment or its packaging is disproportionately damaged, or the packaging of the shipment shows signs of intrusion by a third party, the Buyer is entitled to refuse to accept such a shipment. The protocol drawn up with the carrier must be sent to the Seller at his email address.

In the case of delivery to the Buyer Entrepreneur, the thing (goods) is handed over to the Buyer by handing over to the first carrier for transport for the Buyer Entrepreneur and enabling the exercise of rights from the transport contract against the carrier. The same applies in the case of a Buyer-Consumer who has designated the carrier without being offered by the Seller. In these cases, the Buyer bears the risk of damage to the property. In other cases, the item (goods) is handed over by the Seller to the Buyer-Consumer when the carrier hands it over to him.

Together with the acceptance of the goods, the Seller will also hand over to the Buyer the tax document and possibly other documents that belong to the goods.

Downloading digital content

In the event that the subject of the purchase is digital content, the subject of purchase is considered delivered (delivered) at the moment when the Buyer is allowed to handle the digital content (by delivery of an email to the Buyer, the content of which is digital content, delivery of an email to the Buyer, the content of which is a link to download the digital content content).

Downloading digital content that is an author's work means making a copy of the work in electronic form for a fee.

Withdrawal from the contract

The Consumer Buyer has the right to withdraw from the contract within 14 days. The period for withdrawal begins to run from the date of conclusion of the contract and if it is

  • purchase contract, from the day of acceptance of the goods,
  • a contract, the subject of which is several types of goods or the delivery of several parts, from the date of acceptance of the last delivery of goods, or
  • contract, the subject of which is the regular repeated supply of goods, from the date of acceptance of the first supply of goods.

In order for the deadline for withdrawal from the contract to be observed, the Buyer-Consumer must send the withdrawal from the contract to the Seller within this period.

The Buyer Consumer cannot withdraw from the contract:

  • on the provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the entrepreneur informed the consumer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
  • on the delivery of goods or services, the price of which depends on fluctuations in the financial market, independent of the entrepreneur's will, and which may occur during the period for withdrawing from the contract,
  • on the delivery of goods that have been modified according to the wishes of the consumer or for his person,
  • on the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
  • on repair or maintenance carried out at the place designated by the consumer at his request; however, this does not apply in the event of subsequent repairs other than requested or delivery of spare parts other than requested,
  • about the delivery of goods in closed packaging, which the consumer has removed from the packaging and for reasons of hygiene it is not possible to return it,
  • about the delivery of an audio or video recording or a computer program, if it has violated their original packaging,
  • about the delivery of newspapers, periodicals or magazines,
  • about the delivery of digital content, if it was not delivered on a physical medium and was delivered with the prior express consent of the consumer before the expiration of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
  • and for other reasons listed in § 1837 of the Civil Code.

To withdraw from the contract, the Buyer-Consumer can use the sample form for withdrawal from the contract provided by the Seller. A sample form is available for download on the Seller's website. Withdrawal can be sent to the Seller in writing to the address of its registered office, or also electronically to the email listed above in the contact details. The Seller will confirm receipt of the completed form to the Buyer-Consumer in text form without undue delay.

If the Buyer-Consumer withdraws from the contract, he will send or hand over to the Seller the goods he received from him without undue delay, no later than 14 days after withdrawing from the contract. The Buyer bears the costs associated with sending the goods back to the Seller, even in situations where the goods cannot be returned by the usual postal route due to their nature.

If the Buyer-Consumer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer-Consumer before the Buyer-Consumer hands over the goods to him or proves that he has sent the goods to the Seller.

If the Buyer-Consumer has chosen a method other than the cheapest method of delivery of the goods offered by the Seller, the Seller will refund the cost of delivery of the goods to the Buyer-Consumer in the amount corresponding to the cheapest method of delivery of the goods offered.

The purchasing consumer should return the goods received in complete condition, especially including all its components and accessories, undamaged, unworn and clean, if possible including the original packaging. The purchasing consumer is responsible to the Seller for the reduction in the value of the goods that occurred as a result of handling these goods in a way that is necessary to handle them with regard to their nature and characteristics.

If the Buyer-Consumer withdraws from the contract, the subject of which is the provision of services, and the Seller, based on the express request of the Buyer-Consumer, has begun performance before the expiry of the withdrawal period, he will pay the Seller a proportional part of the agreed price for the performance provided up to the moment of withdrawal from the contract.

Apart from the cases provided by law, the Seller is entitled to withdraw from the contract in situations where the goods have not yet been delivered and at the same time the Seller will not be objectively able to deliver the goods within 30 days after the conclusion of the contract. The seller is also entitled to withdraw from the contract in cases of clearly erroneously stated prices of goods.

Quality guarantee

As a quality guarantee, the Seller undertakes that the item will be suitable for use for the usual purpose or that it will retain the usual properties for a certain period of time. The indication of the warranty period or the period of use of the item on the packaging or in advertising also has these effects. A guarantee can also be provided for an individual part of the item.

The warranty period begins when the item is handed over to the Buyer. In the event that the item was sent according to the contract, the warranty period starts from the delivery of the item to its destination. The Civil Code stipulates other cases of the start of the warranty period.

The Buyer has no right from the warranty if the defect was caused by an external event after the risk of damage to the goods has passed to the Buyer. This does not apply if the Seller caused the defect.

Quality upon receipt

The Seller is responsible to the Buyer-Consumer that the item has no defects upon receipt. In particular, the Seller is responsible to the Buyer-Consumer that at the time the Buyer-Consumer took over the item,

  • the thing has the properties that the parties have agreed upon, and in the absence of an agreement, such properties that the Seller or the manufacturer has described or that the Buyer-Consumer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
  • the item is suitable for the purpose that the Seller states for its use or for which the item of this type is usually used,
  • the quality or design of the thing corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
  • is a thing in the corresponding quantity, measure or weight and
  • the matter complies with the requirements of legal regulations.

If a defect becomes apparent within six months of receipt, it is considered that the item was already defective upon receipt.

In cases where the period during which the item can be used is indicated on the goods, on its packaging, in the attached instructions and in other cases provided for by law, the provision on the quality guarantee shall apply, according to which the Seller is liable to the Buyer-Consumer for the fact that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for the period thus indicated.

Deadline for exercising rights from defective performance

In the case of consumer goods, the Buyer Consumer is entitled to exercise the right from a defect that occurs within 24 months of receiving it. In the case of the purchase of already used consumer goods, it is possible to reduce the time for exercising rights from defective performance to half, i.e. to 12 months.

The Buyer Entrepreneur is entitled to exercise the right from defective performance based on a defect that the item had when the risk of damage passed to the buyer, even if it only became apparent later. The right of the Buyer Entrepreneur shall also be established by a defect that arose later, which was caused by the Seller's breach of his obligation.

Rights from defective performance

In the event of a defect that the Buyer had to have known with the usual attention when concluding the contract, the Buyer will not have any rights due to defective performance, unless the Seller has expressly assured him that the item is free of defects, or if the defect has been detected by deception.

In the event of a material breach of the contract, the Buyer has the right to:

  • to remove the defect by supplying a new item without a defect or by supplying a missing item,
  • to eliminate the defect by repairing the item,
  • for a reasonable discount from the purchase price, or
  • withdraw from the contract.

Upon notification of a defect or without undue delay, the Buyer shall inform the Seller of the right he has chosen. The choice made cannot be changed without the consent of the Seller, unless it is a defect that turns out to be irreparable. If the Seller does not remove the defects within a reasonable period of time, or informs the Buyer that he will not remove the defects, the buyer may request a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract. If the buyer does not choose his right in time, he has the rights listed in the following paragraph.

If defective performance is an insignificant breach of contract, the buyer has the right to remove the defect, or to a reasonable discount from the purchase price.

As long as the Buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the Seller can deliver what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the item or by delivering a new item, the choice must not cause unreasonable costs to the buyer.

If the seller does not remove the item's defect in time or refuses to remove the item's defect, the Buyer may request a discount from the purchase price, or may withdraw from the contract. The choice made cannot be changed by the Buyer without the consent of the Seller.

The Buyer-Consumer has the right to deliver a new item or replace a part even in the case of a removable defect, if he cannot use the item properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the contract.

If the Buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace a part of it or to repair the item, he may request a reasonable discount. The Buyer Consumer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as in the event that the seller does not remedy the situation in a reasonable time or that the remedy would cause significant difficulties for the consumer.

In case of delivery of a new item, the Buyer shall return the originally delivered item to the Seller at his expense. The buyer cannot withdraw from the contract or demand the delivery of a new item if he cannot return the item in the condition in which he received it. Exceptions are provided by law.

Failure to report a defect in a timely manner results in the loss of the right to withdraw from the contract.

If the item does not have the properties specified in the range of quality requirements upon acceptance, the Buyer-Consumer may also demand the delivery of a new item without defects, if this is not unreasonable due to the nature of the defect. If the defect concerns only a part of the item, the Buyer-Consumer can only demand the replacement of this part, and if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer-Consumer has the right to have the defect removed free of charge.

In the event that used goods are sold, the Seller is not responsible for defects caused by the wear and tear of the item caused by its usual use. The seller is also not responsible for the defect of the product sold at a lower price as a result of this defect, which the Buyer-Consumer knew about when purchasing the goods (the lower price was agreed due to the presence of this defect). The seller is also not responsible for defects arising as a result of wear and tear of the item caused by its usual use, or if it follows from the nature of the matter.

If the item sold at a lower price or the item used has a defect for which the Seller is liable, the Buyer-Consumer has the right to a reasonable discount.

If the Buyer-Consumer requests it, the Seller will confirm to him in writing the extent and duration of his obligations in the event of defective performance. The seller has obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance last.

Exercising rights from defective performance - Complaint

Defect rights apply to the Seller from whom the item was purchased. The seller can also designate another person (usually an authorized service) with whom rights from defects can be exercised.

Regarding the exercise of the right from defective performance by the Buyer, the Buyer (or a third party) shall prepare a confirmation in written form, the content of which will include when the right was exercised, as well as the execution of the repair and its duration. If the Buyer-Consumer makes a complaint, the Seller is obliged to issue written confirmation to the Buyer-Consumer about when the right was exercised, what the content of the complaint is and what method of processing the complaint is required; and further confirmation of the date and method of processing the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint.

The Seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect.

The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of application of the complaint, unless the Seller and the Buyer-Consumer agree on a longer period. Missing this deadline is considered a material breach of contract.

In view of the fact that the Seller does not have a place of business, he accepts complaints at his headquarters listed in the contact details above. It will be at the address of its headquarters

The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period. Missing this deadline is considered a material breach of contract.

Written communication

All communication between participants can take place via email. The Seller delivers to the Buyer to the email address that the Buyer will provide for this purpose. The Buyer delivers to the Seller at the email address specified in the Seller's contact details above.

Protection and processing of personal data

These Terms of Protection and Processing of Personal Data (GDPR) apply to the protection and processing of the Buyer's personal data by the Seller.

Out-of-court settlement of disputes

The consumer has the right to turn to the Czech Trade Inspection with its registered office at Štěpánská 44, 110 00 Prague 1 for the purpose of resolving consumer disputes arising from a purchase contract or a contract for the provision of services. You can also find more detailed information on the website of the Czech Trade Inspection: https://www.coi .cz/

In order to resolve a consumer dispute online, it is possible to use the ODR platform, which is available on the website: http://ec.europa.eu/consumers/odr

In the case of cross-border disputes, the Consumer has the option of contacting the European Consumer Center Czech Republic, which is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes, for the purpose of out-of-court settlement of the dispute. -line and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on online consumer dispute resolution). The European Consumer Center operates at the headquarters of the Czech Trade Inspection, i.e. its guest organization, at the address Štěpánská 44, 110 00 Prague 1. You can also find more detailed information on the website of this center: https://evropskyspotrebitel.cz/

Governing Law and Prorogation Clause

These terms and conditions, as well as all agreements between the Seller and the Buyer, are governed by the law of the Czech Republic, even in the case of the presence of an international element. This does not affect the Buyer Consumer's rights arising from generally binding legal regulations. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded in accordance with Article 6 of this Convention.

Any disputes arising on the basis of the contract between the Seller and the Buyer or these terms and conditions will be resolved before the Czech courts. In accordance with § 89a of Act No. 99/1963 Coll., Code of Civil Procedure, as amended, the locally competent general court according to the registered office of the Seller is responsible for deciding disputes arising on the basis of the contract between the Seller and the Buyer Entrepreneur. By accepting the terms and conditions, the Entrepreneur expresses his consent to this procedure.

Validity and effectiveness

These terms and conditions are valid and effective from 9/12/2022.

These terms and conditions are an integral part of the purchase contract. The agreement of the parties in the purchase contract takes precedence over these terms and conditions.