KAAWA - šperky z kávy od Anna Steinerová

trade terms

Basic provision

These terms and conditions apply to purchases in an online store operated by MgA. Anna Havlíková Steinerová, ID number: 03657680, with its registered office at Novobohdalecká 1484/18, 101 00, Prague – Michle, which is also the seller.

The conditions further define and specify the rights and obligations of the seller.

All contractual relations are concluded in accordance with the law of the Czech Republic. If the contracting party is a consumer, the relations not regulated by the business conditions are governed by Act No. 89/2012 Coll., The Civil Code and Act No. 634/1992 Coll., On consumer protection. If the contracting party is not the consumer, the relations not regulated by the business conditions are governed by Act No. 89/2012 Coll., The Civil Code.

Definitions

The Seller acts within the scope of its business or other entrepreneurial activity when concluding and fulfilling the contract. It is an entrepreneur who directly or through other entrepreneurs supplies the buyer with products or provides services.

The customer of our online store is the buyer. Due to the valid legal regulation, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer.

A buyer consumer or just a consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with an entrepreneur or otherwise deals with him.

A buyer who is not a consumer is an entrepreneur. An entrepreneur is also considered to be any person who enters into contracts related to his own business, production or similar activities or in the independent performance of his profession, or a person who acts in the name or on behalf of the entrepreneur.

Terms of delivery

The Seller shall ensure that shipments are sent to the Buyer no later than 14 days from receipt of the order, or that the Buyer is notified within 3 days of receipt of the order that the shipment cannot be delivered within this period. The Czech Post will deliver the consignment to the specified address. If the buyer is not found, the shipment will be stored at the appropriate post office, where the buyer can pick it up; if the buyer does not do so within the deadline set by the postal service provider, the consignment will be sent back. The buyer is obliged to check the condition of the consignment (number of packages, the integrity of the package) together with the carrier immediately upon delivery according to the enclosed consignment note and to refuse to accept an incomplete or damaged consignment. An incomplete or damaged shipment must be written with the carrier and sent to the seller within 24 hours. If the buyer confirms the receipt of the shipment by his signature in the carrier’s documents, he is not entitled to a later claim for goods due to a damaged or incomplete shipment.

Personal collection

Personal collection is possible at the address Prague 10, Holandská 42, postal code: 101,000, on the date agreed between the buyer and the seller.

The price of transportation

In the case of delivery of goods via the Czech Post, a postage fee of CZK 100 will be charged to the price of the goods. This only applies to deliveries within the Czech Republic.

Payment options

At present, we only allow payment in advance to the account in case of (i) sending the goods by post or (ii) personal collection. If the amount is not credited to the seller’s account within 10 days when paying in advance, the order will be canceled without compensation.

Purchase contract

If the buyer is a consumer, the proposal to conclude a purchase contract (offer) is the placement of the offered goods by the seller on the site, the purchase contract is created by sending the order by the buyer-consumer and the acceptance of the order by the supplier. The seller will confirm this acceptance together with other detailed information on the delivery of goods to the buyer by an informative e-mail to the specified e-mail, but this confirmation does not affect the formation of the contract. The resulting contract (including the agreed price) can be changed or canceled only by agreement of the parties or on legal grounds.

If the buyer is not a consumer, the proposal for concluding the purchase contract is the sent order of goods by the buyer and the purchase contract itself is concluded at the moment of delivery of the binding consent of the seller to the buyer with this proposal.

By concluding the purchase contract, the buyer confirms that he has read these terms and conditions, including the complaint procedure (see below), and that he agrees with them. The buyer is sufficiently informed of these terms and conditions and the complaint procedure (see below) before the actual execution of the order and has the opportunity to become acquainted with them.

The period for settling complaints is suspended if the seller has not received all the documents necessary for settling the complaint (parts of goods, other documents, etc.). 

The seller is obliged to request additional documents from the buyer in the shortest possible time. The deadline is suspended from this date until the delivery of the requested documents by the buyer.

Among other things, the seller reserves the right to cancel the order or part thereof before concluding the purchase contract, based on an agreement with the buyer, in the following cases: the goods are no longer produced or delivered or the supplier’s price has changed significantly. If the Buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address and the Purchase Agreement will not be concluded.

Defective performance rights

The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., The Civil Code).

The seller responds to the consumer that the item has no defects upon receipt. In particular, the seller is responsible to the consumer that at the time the consumer took over, 

the thing has the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising made by them,

  • the thing is suitable for the purpose stated by 
  • the seller for its use or for which the thing of this kind is usually used,
  • the item corresponds in quality or design to 
  • the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
  • is an item in an appropriate quantity, measure, or weight, and the matter complies with the requirements of the legislation.

If the item does not have the above characteristics, the consumer may also request the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the consumer may only request a replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, in particular, if the defect can be rectified without undue delay, the consumer shall have the right to have the defect rectified free of charge. The consumer has the right to deliver a new item or replace a part even in the case of a remediable defect if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the consumer also has the right to withdraw from the contract.

If the consumer does not withdraw from the contract or does not exercise the right to deliver a new item without defects, to replace its part, or to repair the item, he may request a reasonable discount. The consumer is entitled to a reasonable discount even if the seller cannot deliver a new item to him without defects, replace its part or repair the item, as well as if the seller does not remedy the situation within a reasonable time or would arrange considerable difficulties for the consumer.

The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.

The consumer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt. If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt.

Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint procedure (see below).

The Consumer’s right to withdraw from the contract

If the purchase contract is concluded by means of distance communication (in the online store), the consumer has the right in accordance with § 1829 paragraph 1 of the Civil Code the right to withdraw from the contract without giving a reason within 14 days of receipt. several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods). Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.

In case the seller wishes to withdraw from the contract (according to the previous paragraph) within 14 days, contacts the seller and preferably states in writing that he withdraws from the contract, ideally stating the order number, date of purchase, and account number for a refund. Note: Money can also be returned in cash at the seller’s registered office.

Withdrawal from the purchase contract can be sent by the consumer via the form attached to these conditions, to the address of the seller’s registered office (Prague 10, Holandská 42, postal code: 101 00, or to the seller’s e-mail address: info@kaawa.cz

In the event that the buyer withdraws from the contract in accordance with the preceding paragraphs, the seller will return the funds received from the buyer (except for the amount representing additional delivery costs incurred as a result of the buyer’s chosen method of delivery, which is other than the cheapest standard delivery method offered by the seller) to 14 days from the withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer, unless the buyer specifies otherwise. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in any other way if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.

However, the provisions of the Act on withdrawal from the contract within 14 days cannot be understood as a possibility of a free loan of goods. In the case of exercising the right to withdraw from the contract within 14 days of taking over the performance, the consumer must issue to the seller within 14 days of withdrawal from the contract everything he has obtained on the basis of the purchase contract. If this is no longer possible (eg in the meantime the goods have been destroyed or consumed), the consumer must provide monetary compensation in return for what can no longer be issued. If the returned goods are only partially damaged, the seller may claim damages from the consumer and set off his claim against the returned purchase price. In such a case, the seller is obliged to prove the damage. In such a case, the seller returns to the consumer only the reduced purchase price.

The seller may deduct from the purchase price to be returned to the buyer his actual costs incurred in returning the goods.

In accordance with the provisions of Section 1837 of the Civil Code, the consumer does not have the right to withdraw from the contract, in particular, in the case of contracts:

  • on the provision of services, if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the trader has informed the consumer before concluding the contract that in such a case he has no right to withdraw from the contract,
  • on the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the entrepreneur and which may occur during the period for withdrawal from the contract,
  • on the supply of alcoholic beverages, which may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the entrepreneur,
  • on the supply of goods which have been adapted to the wishes of the consumer or to his person,
  • on the supply of perishable goods, as well as goods which have been irretrievably mixed with other goods after delivery, repair or maintenance carried out at a place designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
  • on the delivery of goods in a closed package which the consumer has removed from the package and for hygienic reasons it is not possible to return,
  • on the delivery of an audio or video recording or a computer program, if it has broken its original packaging,
  • on the supply of newspapers, periodicals, or magazines,
  • on accommodation, transport, meals, or the use of free time, if the entrepreneur provides these services within the specified period, concluded on the basis of a public auction in accordance with the law governing public auctions, or
  • on the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such a case he has no right to withdraw from the contract

Protection of personal data

Customer information is stored in accordance with applicable laws of the Czech Republic, in particular, Regulation No. 679/2016 of the European Parliament and of the Council of the EU. By concluding the contract, the buyer acknowledges that the personal data provided by him are processed by the seller for the purpose of fulfilling the contract.

You have the right to ask us to provide information about your personal data that we process, the purpose and nature of the processing of personal data, and the recipients of personal data.

If you find or believe that we are processing your personal data in violation of the protection of your private and personal life or in violation of the law, you are entitled to request an explanation from us or to require the seller to eliminate such a defective condition. You also have the right to turn in case of violations of our obligations, to the Office for Personal Data Protection with a request to ensure remedial action.

List of your rights:

Right of access to personal data

your right allows you to request the seller to extract personal data that the seller records about you. The seller is obliged to make such a statement to you, including information on:

the purposes for which the data are processed;

planned processing time;

the source of this data;

about the possible recipients of these data, if the seller provides them to these recipients

Right to portability of personal data (portability)

this right gives you the opportunity to request from the seller data which concerns you and which you have personally provided to the seller.

The right to delete personal data

entitles you to require the seller to delete all your data. Deletion of data will be possible only if the seller is not bound by other reasons, for which, on the contrary, he is obliged to keep the data (performance of the contract, legal requirements, etc.).

In any case, even if it is not possible to fully comply with your request, all marketing approvals will be revoked within this request and you will not be further marketed.

The right to correct personal data

The seller, on the basis of information from you, will immediately correct inaccurate personal data, or supplement incomplete data, if the given purpose of processing requires it.

Right to restrict processing. Restrictions on the processing of registered personal data upon request or objection

In case you request a processing restriction and your request will be possible from

even for technical reasons, then the seller will limit the relevant processing.

The right not to be the subject of automated individual decision-making with legal or similar effects, which includes profiling

At your request, the seller will exclude you from all processing, which is performed exclusively automatically. If such processing is necessary for the provision of the contract, the seller will offer you the opportunity to discuss the results of such processing and together find another, more acceptable variant.

The right to object if we process your data on the basis of our legitimate interest

You have the right to object to all processing performed by the seller on the basis of the legitimate interest of the administrator. Acknowledgment of the opposition means that the seller will stop processing your data for all purposes that were challenged.

You can exercise your rights both by letter to the seller and by e-mail. When exercising selected rights, it is possible that the seller will need your cooperation in identification. Rights can be exercised in your own name, on behalf of the person you represent on the basis of a power of attorney or other power of attorney.

The buyer has the right to access their personal data, the right to correct them, including other legal rights to this data. Personal data can be removed from the database based on a written request from the customer. The personal data of customers are fully protected against abuse. The supplier does not pass on personal customer data to any other person. An exception is external carriers to which customers’ personal data are transferred to the minimum extent necessary for the delivery of goods.

Individual contracts are archived by the operator after their conclusion, in electronic form and are accessible only to the store operator.

Costs of using means of distance communication

The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.

Final Provisions

The handling of consumer complaints is provided by the seller via the electronic address: info@kaawa.cz Information on the settlement of the buyer’s complaint will be sent by the seller to the buyer’s electronic address.

The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of ​​personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

These terms and conditions are valid as stated on the seller’s website, on the day of concluding the purchase contract. After its confirmation, the consumer order is archived as a concluded contract between the buyer and the seller for the purpose of its fulfillment and further records, and its status is accessible to the buyer. The contract may be concluded in the Czech language, or in other languages unless this is the reason for the impossibility of concluding it. By purchasing, the customer agrees to the sending of commercial messages.

These terms and conditions allow the consumer to archive and reproduce them. At the time of concluding the purchase contract, the buyer accepts all provisions of the terms and conditions as valid on the day of sending the order, including the price of the ordered goods specified in the confirmed order, unless demonstrably agreed otherwise in a particular case.

These conditions take effect on September 1, 2015

Complaints Procedure

This complaint procedure was prepared in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code and Act No. 634/1992 Coll., The Consumer Protection Act, as amended (hereinafter the “Act”) and applies to consumer Goods (hereinafter referred to as the “Goods”), for which the Buyer’s rights from liability for defects are exercised during the warranty period ( hereinafter referred to as “Complaints”).

A consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with an entrepreneur or otherwise deals with him.

The seller is MgA. Anna Steinerová, IČO: 03657680, with its registered office at Novobohdalecká 1484/18, 101 00, Prague – Michle. Anna Steinerová is a person who acts within the scope of her business or other entrepreneurial activity when concluding and fulfilling a contract. It is an entrepreneur who directly or through other entrepreneurs supplies the Buyer with products or provides services.

The customer of our online store is either the Consumer Buyer or the Buyer, who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling the contract.

Defects of goods

The seller responds to the consumer that the item has no defects upon receipt. In particular, the seller is responsible to the consumer that at the time the consumer took over,

the thing has the characteristics agreed upon by the parties and, in the absence of an agreement, the characteristics described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they make,

the thing is suitable for the purpose stated by the seller for its use or for which the thing of this kind is usually used,

the item corresponds in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,

is an item in an appropriate quantity, measure or weight, and

the matter complies with the requirements of the legislation.

Rights from defects in goods

If the item does not have the above characteristics, the consumer may also request the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the consumer may only request a replacement of the part; if this is not possible, he may withdraw from the contract.

However, if this is disproportionate due to the nature of the defect, in particular, if the defect can be rectified without undue delay, the consumer shall have the right to have the defect rectified free of charge.

The consumer has the right to deliver a new item or replace a part even in the case of a remediable defect if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the consumer also has the right to withdraw from the contract.

If the consumer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount. The consumer is entitled to a reasonable discount even if the seller is unable to deliver a new item without defects, replace its part or repair the item, as well as if the seller does not remedy it within a reasonable time or if arranging redress would cause the consumer considerable difficulties.

The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.

Deadlines

The consumer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt. If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt.

The warranty period begins when the Goods are taken over by the Customer. The warranty period for the Consumer Buyer is 24 months, but for the Buyer who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling the contract, the warranty period is only 12 months. The warranty period is extended by the time for which the Goods were under warranty repair. In the event of an exchange of the Goods, a new warranty period begins to run.

Other

The seller’s liability for defects does not apply to wear and tear caused by its normal use, in the case of a thing sold at a lower price for a defect for which a lower price was agreed, in the case of a used thing for a defect corresponding to the degree of use or wear. if it’s by nature.

At the request of the consumer, the Seller is obliged to provide the consumer with a written confirmation of the obligations arising from defective performance to the extent provided by law (warranty card). If the nature of the item allows it, it is sufficient to issue the Buyer a proof of purchase containing the item (invoice) instead of the warranty card, which must contain the data as a warranty card. The warranty card must contain the name and surname, name or business name of the Seller, ID number, registered office if it is a legal entity, or residence if it is a natural person. If a longer than statutory warranty is provided, the Seller shall specify the conditions and extent of the warranty extension in the warranty certificate.

The consumer is entitled to withdraw from the contract in all cases stipulated by law. Withdrawal is effective against the Seller from the moment when the Buyer’s statement on withdrawal from the contract is delivered to him, if all necessary legal conditions are met. In the event of withdrawal from the contract, the contract from initially canceled and the contracting parties are obliged to return everything they have provided on its basis. In the event of cancellation of the contract due to the exercise of rights arising from liability for defects, the Buyer returns the performance provided by the Seller, only to the extent that is objectively possible in the situation.

Complaint handling

All complaints made during the warranty period will be settled directly by the seller at its registered office.

Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. After the expiration of this period, the Buyer is granted the same rights as if it were a material breach of contract.

The period for settling complaints is suspended if the seller has not received all the documents necessary for settling the complaint (parts of the goods, other documents, etc.). The seller is obliged to request additional information from the buyer in the shortest possible time. The deadline is suspended from this date until the delivery of the requested documents by the buyer.

In situations where it is necessary to send the Goods to the Seller, the Buyer shall, in its own interest, ensure that the Goods are packed in suitable and sufficiently protective packaging material meeting the requirements of transport of fragile Goods, including all accessories and mark the shipment with appropriate symbols.

After the proper settlement of the Complaint, the Seller shall invite the Buyer to take over the repaired goods.

The right to claim the warranty expires in case of unprofessional assembly or unprofessional commissioning of the Goods, as well as in case of unprofessional handling, ie, especially when using the goods in conditions that do not correspond to the parameters specified in the documentation for the goods.

In the event of withdrawal from the purchase contract or the provision of a discount on the purchase price, the relevant payment is returned to the Buyer by transfer to a bank account or handed over in cash at the seller’s registered office.

Final Provisions

These Complaints Rules come into force on September 1, 2015. We reserve the right to make changes to the Complaints Rules.