General Terms and Conditions
1. These General Terms and Conditions (hereinafter the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)
KANOPIO TRADE s.r.o.
company ID: 084 51 036
registered office: Přemyslovců 1240/59, Mariánské Hory, 709 00 Ostrava
, registered at the Regional Court in Ostrava, Section C, File 79601
Phone: +420 555 440 321
(hereinafter referred to as “Seller”
1. These Terms and Conditions regulate the mutual rights and obligations of the Seller and the natural or legal person who concludes the Purchase Agreement outside its business as a consumer or through its business activities (hereinafter referred to as the “Buyer”) through a web interface located on a website at the internet address: www.kanopio.com (hereinafter referred to as the “Online Store”).
2. The provisions of the Terms and Conditions are integral part of the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of these Terms and Conditions.
3. These Terms and Conditions and the Purchase Agreement are settled in Czech, Polish and English languages.
Product information and prices
1. Information about the product, including the prices of the individual product and its main characteristics, is given for the individual product in the online store catalog. The prices of the goods are inclusive of value added tax, all related fees and the cost of returning the goods, if such goods cannot by their nature be returned by the normal postal route. The prices of the goods remain valid for as long as they are displayed in the online store. This provision shall not prevent the conclusion of a purchase contract under individually negotiated conditions.
2. All presentations of goods placed in the catalog of the e-shop are of informative character and the seller is not obliged to conclude a purchase contract regarding these goods.
3. Information on the cost of packaging and delivery of goods is published in the online shop. Information on the costs associated with packaging and delivery of goods stated in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic and European Union countries.
4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
Order and conclusion of the purchase contract
1. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be paid by the Buyer himself. These costs do not differ from the standard rate.
2. The buyer orders the goods in the following ways:
- through his/her customer account if he/she has previously registered in an online store,
- filling out the order form without registration.
3. When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery method.
4. Before sending the order, the buyer is allowed to check and change the data entered in the order. The buyer sends the order to the seller by clicking the ORDER button. The data listed in the order are believed by the seller to be correct. The condition of validity of the order is to fill in all required information in the order form and to confirm by the buyer that he/she agree with these Terms and Conditions.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receiving the order to the e-mail address that the buyer entered during ordering. This confirmation is considered as binding. Attached to the sent confirmation are the current Terms and Conditions of the seller. The purchase contract is concluded by sending confirmation of the order by the seller to the buyer’s e-mail address.
6. In the event that any of the requirements specified in the order cannot be met by the seller, the seller will send to the buyer’s e-mail address a modified offer. The amended offer is considered as a new proposal of the purchase agreement and a new offer. The new purchase agreement and acceptance of the new offer in such case is accepted by the buyer in form of replying to the seller’s email address specified in these Terms and Conditions.
7. All orders received by the Seller are binding. The buyer may cancel the order until the buyer receives a notification of receipt of the order by the seller. The Buyer may cancel the order by telephone at the Seller’s telephone number or e-mail address specified in these Terms and Conditions.
8. If there is an obvious technical error on the part of the Seller in the price of the goods in the online store or during the ordering process, the Seller shall not be obliged to deliver the goods to the Buyer for this obviously erroneous price. The Seller shall inform the Buyer of the error without unnecessary delay and shall send the Buyer a modified offer to the Buyer’s email address. The amended offer is considered a new draft purchase agreement and the purchase agreement is in this case concluded by a confirmation of receipt by the buyer to the seller’s e-mail address.
1. Upon registration of the buyer in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without account registration.
2. When registering in the customer account and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to keep up to update the data entered in the user account. The data provided by the buyer in the customer user account and when ordering goods are considered by the seller to be correct.
3. Access to the customer account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer user account. The Seller is not responsible for any misuse of the customer account by third parties.
4. The Buyer is not authorized to allow the his/her customer account by third parties.
5. The Seller may cancel the customer user account, especially if the buyer no longer uses his user account, or if the buyer breaches his obligations under the purchase contract or these Terms and Conditions.
6. The Buyer acknowledges that the user account may not be available continuously, especially with respect to the necessary maintenance of the Seller’s hardware and software equipment or necessary maintenance of third-party hardware and software.
Payment terms and delivery of goods
1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer in the following ways:
- bank transfer to the seller’s bank account in CZK No. 2201683716/2010, held at Fio banka a.s. and in the case of payment in Euro to the seller’s account in EUR No. 2201683732/2010 held at Fio banka a.s.
- cashless payment of debit or credit card,
- bank transfer to the seller’s account through the payment gateway,
- cash on delivery (COD) when handing over the goods,
- in cash or by credit card for personal collection at the establishment,
- in cash or by credit card for personal collection of the parcel dispatcher.
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods at the agreed amount. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of goods.
3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is payable within 3 days from the conclusion of the purchase contract.
4. In the case of payment through a payment gateway, the buyer follows the instructions of the respective electronic payment provider.
5. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller’s bank account.
6. The Seller does not require any advance payment or other similar payment from the Buyer. The payment of the purchase price before sending the goods is not a deposit.
7. Pursuant to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, in case of technical failure within 48 hours at the latest.
8. The goods are delivered to the buyer:
- to the address specified by the buyer at the placed order
- via a parcel dispatcher to the address designated by the buyer,
- personal collection at the seller’s premises.
9. The method of delivery is selected when ordering the goods.
10. The cost of delivery of the goods depending on the method of sending and receiving the goods are stated in the buyer’s order and in the order confirmation by the seller. In case that delivery/transport is negotiated on the basis of a special request from the buyer, the buyer bears the risk and possible additional costs associated with this method of transport.
11. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively costs associated with other delivery methods.
12. Upon receipt of the goods from the delivery carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In case of finding a breach of the package, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier.
13. The Seller shall issue to the Buyer a tax document – an invoice or receipt. The tax document is sent to the buyer’s email address.
14. The buyer acquires title to the goods by paying the full purchase price for the goods, including delivery costs, at the moment of taking over the goods.
15. Responsibility for accidental destruction, damage or loss of the goods shall pass to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods but did not do so in contradiction with the Purchase Agreement.
Withdrawal from the contract
1. The buyer who concluded the purchase contract outside his business location as a consumer has the right to withdraw from the purchase contract.
2. The withdrawal period shall be 14 days:
- from the date of receipt of the goods,
- from the date of acceptance of the last delivery of goods, if several types of goods or delivery of several parts are the subject of the contract
- from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
3. The buyer may not withdraw from the purchase contract:
- from the provision of services if they were performed with his prior explicit consent before the withdrawal period has expired and the seller has informed the buyer before the conclusion of the contract that he is not entitled to withdraw from the contract in such a case,
- from the supply of goods or services, the price of which depends on fluctuations of the financial market independently of the seller’s will and which may occur during the withdrawal period,
- from the supply of alcoholic beverages, which can only be delivered after thirty days and whose price depends on fluctuations in the financial market independently of the seller’s will,
- from delivery of goods that have been customized to the buyer’s wish or for especially himself,
- from delivery of perishable goods as well as goods that have been irreversibly mixed with other goods upon delivery,
- from delivery of goods in a sealed package which the buyer has removed from the package and for hygienic reasons it cannot be returned,
- from delivery of an audio or video recording or computer program if it has broken their original packaging and sealing,
- from delivery of newspapers, periodicals or magazines
- from delivery of digital content, unless delivered on a tangible medium and delivered with the Buyer’s prior express consent prior to the expiry of the withdrawal period, and prior to the conclusion of the contract, the seller has informed the buyer that he has no right of withdrawal,
- in other cases referred to in § 1837 of the Civil Code.
4. To comply with the withdrawal period, the buyer must send a withdrawal declaration within the withdrawal period.
5. For withdrawal from the contract, the buyer may use the sample withdrawal form provided by the seller. Withdrawal from the Purchase Agreement shall be sent by the Buyer to the Seller’s e-mail or delivery address specified in these Terms and Conditions. The Seller shall confirm the receipt of the withdrawal form to the Buyer without any delay.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the date of withdrawal from the contract to the seller. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by their normal postal nature.
7. If the Buyer withdraws from the Contract, the Seller shall return to him/her all funds, including delivery costs, which Seller received from Buyer, in the same manner without delay, but no later than within 14 days of agreement withdrawal. The Seller shall return the funds received to the Buyer by other means only if the Buyer agrees with it and it does not incur additional costs.
8. If the Buyer has chosen a method other than the cheapest method of delivery offered by the Seller, the Seller shall return to the Buyer the costs of delivery of the goods corresponding to the cheapest method of delivery offered.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that the goods were sent to the seller.
10. The goods must be returned to the Seller undamaged, unused and unpolluted and if possible in the original packaging. The seller is entitled to unilaterally set off the claim for compensation of damage incurred to the goods against the buyer’s claim for refund of the purchase price.
11. The Seller is entitled to withdraw from the Purchase Agreement due to the sellout of inventory, unavailability of the goods or when the manufacturer, importer or supplier of the goods has stopped the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the Order and shall return all funds including delivery costs received by the Buyer within 14 days of the notice of withdrawal, in the same way or in the manner specified by the Buyer.
Rights due to defective product
1. The Seller declares to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer at the time the buyer took over the goods and Seller declares that:
- the goods have properties agreed upon by the parties and, in the absence of an agreement, those properties described by the seller or manufacturer or expected by the buyer due to the nature of the goods and the way they were advertised,
- the goods are fit for the purpose stated by the seller or for which the goods of this kind are usually used,
- the goods correspond to the agreed sample or model in terms of quality or workmanship, if the quality or workmanship was determined according to the agreed sample or model
- the goods are of adequate quantity, measure or weight, and
- goods comply with legal requirements.
2. The Seller have obligations arising from defective performance at least to the extent of the manufacturer’s defective performance obligations. The buyer is otherwise entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of the receipt of goods.
3. If the period for which the goods may be used is indicated on the goods or on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legislation, the quality guarantee provisions shall apply. The Seller undertakes to guarantee that the goods will be fit for normal use for a certain period of time or that they will retain their normal properties. If the Buyer has rightfully complained to the Seller of the defect of the goods, the period for exercising the rights from defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective goods.
4. The provisions referred to in the preceding paragraph of the Terms and Conditions shall not apply to defected goods sold at a lower price for which the lower price was agreed, wear and tear of the goods caused by its normal use; in the case of used goods, a defect corresponding to the level of use or wear that the goods had when they were taken over by the buyer, or if this is due to the nature of the goods. Rights due to defective product does not apply when buyer knew before purchasing that the goods had a defect or if the buyer himself caused the defect.
5. In the event of a defect, the Buyer may submit a claim to the Seller and request:
- replacement for new goods
- repair of goods,
- a reasonable discount on the purchase price
- withdrawal from the contract.
6. The buyer has the right to withdraw from the contract if:
- the goods have a material defect,
- the item cannot be properly used for the repeated occurrence of a defect or defects after repair,
- in case of multiple defects
7. A breach of contract is known to have been known or must have been known by the breaching party at the time of the conclusion of the contract if the other party had not foreseen the breach.
8. For a defect that constitutes a minor breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to remedy the defect or a reasonable discount on the purchase price.
9. If the removable defect occurred repeatedly after the repair (usually the third complaint for the same defect or the fourth for different defects) or if the goods have a large number of defects (usually at least three defects at the same time), the buyer has the right to claim a discount, exchange the goods or withdraw from the contract.
10. When making a claim, the Buyer is obliged to inform the Seller of his/her rights. A change of choice without the Seller’s consent is possible only if the Buyer has requested the repair of a defect that proves to be irremovable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in a minor breach of contract.
11. If repair or replacement of the goods is not possible, the buyer may demand a full refund of the purchase price based on the withdrawal from the contract.
12. If the Seller proves that the Buyer knew about the defect or caused it before accepting the defect, the Seller is not obliged to comply with the Buyer’s claim.
13. The buyer cannot claim discounted goods for the reason for which the goods are discounted.
14. The seller is obliged to accept the complaint at any establishment in which acceptance of the complaint is possible, possibly also in the registered office or place of business. The Seller is obliged to provide the Buyer with a written confirmation of what kind of claim the Buyer has exercised, what is the content of the complaint and how the complaint is handled as well as confirmation of the date and method of handling the complaint, or written rejection of the complaint.
15. The seller or an employee authorized by the seller decides about the claim immediately, in difficult cases within three working days. This period does not include a reasonable time depending on the type of product or service required for expert assessment of the defect. Complaints, including the removal of defects, must be handled promptly, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The expiry of this period in vain is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract. The moment when the claim of the buyer (exercising the right from defective performance) to the seller occurs is the moment of claiming the defect.
16. The Seller shall inform the Buyer in writing of the result of the claim.
17. The buyer does not have the right to exercise Rights due to defective product if the buyer knew before the takeover that the goods was defective or if the buyer himself caused the defect.
18. In the case of a approved claim, the buyer has the right to reimbursement of reasonably incurred costs in connection with the claim. The buyer can exercise this right with the seller within one month after the warranty period, otherwise the court may not grant it.
19. The buyer has the choice of the method of complaint.
20. The rights and obligations of the contracting parties in respect of rights due to defective product are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., about Consumer Protection.
1. The Contracting Parties may transmit all written correspondence to each other by electronic mail.
2. The Buyer shall deliver correspondence to the Seller at the e-mail address specified in these Terms and Conditions. The Seller shall deliver the correspondence to the Buyer to the e-mail address specified in his customer account or order.
1. All information provided by the Buyer in cooperation with the Seller is confidential and will be treated accordingly. If the buyer does not give written permission to the seller, the seller will not use the buyer information other than for the purpose of performance of the contract, except for the e-mail address to which commercial communications can be sent, as this is allowed by law unless explicitly rejected. These communications may be only relate to similar or related goods and may be unsubscribed at any time (by sending a letter, e-mail or clicking a link in an advertisement message). The e-mail address will be kept for this purpose for 3 years after the last contract between the contracting parties.
Out-of-court settlement of disputes
1. The Czech Trade Inspection with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No .: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the sales contract.
2. European Consumer Center Czech Republic with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 about online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Online Consumer Dispute Resolution Regulation).
3. The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., about Consumer Protection.
1. All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the consumer’s rights under generally binding legal regulations.
2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 paragraph 1, point e) of the Civil Code.
3. All rights to the Seller’s website, in particular copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or its part without the consent of the seller.
4. The Seller shall not be liable for errors resulting from interference of third parties into the Internet e-shop or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not engage in any activity that could allow him or third parties to tamper with or use the software or other components of the online store and use the online store, or parts or software equipment in such a manner as to conflict with its purpose.
5. The Buyer hereby assumes the risk of changing circumstances within the meaning of § 1765 par. 2 of the Civil Code.
6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible by unauthorized parties.
7. The Terms and Conditions may be amended or supplemented by the Seller. This provision is without prejudice to rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
8. A sample of purchase agreement withdrawal form is attached to the Terms and Conditions.
These Terms and Conditions come into effect on 25.02.2020