Business company Rudolf Kämpf s.r.o.
U Porcelánky 143
Nové Sedlo – Loučky
Registration No.: 40526941
Taxpayer ID (VAT): 40526941
File number C 1344 kept at the Regional Court in Pilsen for the sale of goods through an online store located at the internet address www.rudolfkampf.cz.
1. General provisions
1.1. These General Terms and Conditions (hereinafter referred to as the General Terms and Conditions) are issued pursuant to section 1751 et seq. Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the Civil Code)
1.2. These General Terms and Conditions govern the reciprocal rights and obligations of the Seller and the natural person, who enters into the Sales Contract outside of his/her business activity as a consumer or for the purpose of undertaking his or her business activity (hereinafter referred to as the Customer), through the web interface of the website available at www.rudolfkampf.cz (hereinafter referred to as the Online store).
1.3. The provisions set forth in the General Terms and Conditions constitute an integral part of the Sales Contract. Derogating provisions specified in the Sales Contract take precedence over the provisions set forth in these General Terms and Conditions.
4. These General Terms and Conditions and the Sales Contract are concluded in Czech language.
2. Information about products and pricing
2.1. The information about products, including the price for individual products and their main characteristics, is provided for each individual product in the product catalogue of the Online store. The prices of products are stated, including the Value Added Tax, all related charges and costs for returning of products, if such a product, due to its very nature, cannot be returned normally by post. The prices of products remain valid for as long as they are displayed in the Online store. However, this provision does not preclude a conclusion of the Sales Contract under individually negotiated terms and conditions.
2.2. The entire presentation of products in the product catalogue of the Online store is of informative nature and the Seller is not obligated to enter into the Sales Contract based on the presented products.
2.3. The information about the costs associated with packaging and delivery of products is indicated in the Online store. The information about the costs associated with packaging and delivery of products, as indicated in the Online store, shall be valid only for products delivered on the territory of the Czech Republic.
2.4. Any possible discounts on the sales price of products cannot be combined, unless the Seller agrees otherwise with the Customer.
3. Ordering products and conclusion of the Sales Contract
3.1. The costs incurred by the Customer for using means of remote communication in connection with the conclusion of the Sales Contract (e.g. Internet connection costs, the cost of telephone calls) shall be borne by the Customer. These costs do not differ from the applicable standard rates.
3.2. The Customer can place orders for products, as follows:
- by means of the Customer’s account in the Online store, provided that the Customer has already registered there,
- by completing the Order form without registration.
3.3. When placing an order, the Customer selects a product, specifies the quantity, the method of payment and delivery.
3.4. Before submitting the order, the Customer is able to check and edit the information the Customer has provided in the order. The Customer submits the order to the Seller by clicking on the "submit order" button. The Seller deems the information stated in the order as correct. The order cannot be submitted unless the Customer fills in all mandatory fields in the Order form and acknowledges acceptance of these General Terms and Conditions.
3.5. Immediately upon the receipt of the order, the Seller shall send to the Customer a confirmation of receipt of the order to the e-mail address that the Customer specified upon placing of the order. This confirmation is sent automatically and shall not constitute the conclusion of the Sale Contract. The Seller's General Terms and Conditions, as amended, are provided as an attachment to the confirmation. The Sales Contract shall be deemed concluded only after the Seller has accepted the order. A confirmation of acceptance of the order is sent to the Customer's e-mail address. / Immediately upon the receipt of the order, the Seller shall send to the Customer a confirmation of acceptance of the order to the e-mail address that the Customer specified upon placing of the order. Such confirmation shall be deemed as conclusion of the Sale Contract. The Seller's General Terms and Conditions, as amended, are provided as an attachment to the confirmation. The Sales Contract shall be deemed concluded as soon as the Seller sends the confirmation of acceptance of the order to the Customer's e-mail address.
3.6. If any of the specifications of the order cannot be fulfilled by the Seller, the Seller shall send an amended offer to the Customer’s e-mail address. The amended offer is deemed to constitute a new draft of the Sales Contract and, in this case, the Sales Contract is concluded by the Customer’s confirmation of acceptance of the amended offer sent to the Seller at the Seller’s e-mail address specified in these General Terms and Conditions.
3.7. All orders accepted by the Seller are binding. The Customer may cancel the order prior to receiving the confirmation of acceptance of the order from the Seller. The Customer may cancel the order by contacting the Seller at the telephone number or by e-mail specified in these General Terms and Conditions.
3.8. Should an obvious technical error occur on the part of the Seller during specification of the product price in the Online store or during the order placement, the Seller shall not be obligated to deliver the product to the Customer at this apparently incorrect price, even if the Customer receives the automatic confirmation of receipt of the order in conformity with these General Terms and Conditions. The Seller shall inform the Customer of the error without undue delay and shall send an amended offer to the Customer’s e-mail address. The amended offer is deemed to constitute a new draft of the Sales Contract and, in this case, the Sales Contract is concluded by the Customer’s confirmation of acceptance of the amended offer sent to the Seller at the Seller’s e-mail address.
4. Customer account
4.1. The Customer can access the Customer’s account in the Online store, provided that the Customer has registered there. The Customer can order products through the Customer’s account in the Online store. The Customer can also order products from the Online store without previous registration.
4.2. When registering a Customer account and ordering goods in the Online store, the Customer is obligated to provide correct and true information. The Customer is obliged to update the information provided in the Customer’s account upon any change of such information. The information provided by the Customer in the Customer’s account and when ordering products is considered correct by the Seller.
4.3. The access the Customer’s account is secured by a username and a password. The Customer shall preserve confidentiality regarding the information necessary in order to access the Customer’s account. The Seller shall not be liable for any misuse of the Customer’s account by third parties.
4.4. The Customer is not entitled to enable third parties to use the Customer’s account.
4.5. The Seller may cancel the Customer’s account, especially if the Customer does not use the Customer’s account any longer, or if the Customer breaches the Customer’s obligations under the Sales Contract or under these General Terms and Conditions.
4.6. The Customer acknowledges that the Customer’s account may not be always available, especially with regard to necessary maintenance of the Seller's hardware and software equipment, or potentially necessary maintenance of hardware and software equipment provided by third parties.
5. Terms of payment and delivery of products
5.1. The total cost of the ordered products, as well as any charges associated with the delivery of the products under the Sales Contract can be paid by the Customer by:
- in cash at the seller's premises at U Porcelánky 143, 357 34 Loučky
- in cash on delivery at the place specified by the buyer in the order
- cashless transfer to the seller's account No. 4209665001/5500, IBAN CZ32 5500 0000 0042 0966 5001, SWIFT code RZBCCZPP, account kept in CZK, EUR, USD and is kept with Raiffeisenbank (hereinafter referred to as the "seller's account")
- cashless via the GoPay payment system
- cashless payment card
- through a loan provided by a third party.
5.2. In addition to the cost of the ordered products, the Customer is obliged to pay the Seller charges associated with the packaging and delivery of the products in the stipulated amount. Unless expressly stated otherwise, the cost of the ordered products and the charges associated with the delivery of the products shall be jointly referred to as the Purchase price.
5.3. In case of a cash payment, the Purchase price is payable upon receipt of the products. In case of a cashless payment, the Purchase price is payable within 5 days after the conclusion of the Sales Contract.
5.4. In case of payment through a payment gateway, the Customer shall follow instructions of the pertinent electronic payment provider.
5.5. In case of a cashless payment, the Customer's obligation to pay the Purchase price shall be deemed fulfilled as soon as the relevant amount is credited to the Seller's bank account.
5.6. The Seller does not demand an advance payment or any other similar form of prepayment from the Customer. The payment of the Purchase price before the products are shipped shall not be considered an advance payment.
5.7. In conformity with the Electronic Sales Registration Act, the Seller is obligated to issue a sales receipt to the Customer. At the same time, the Seller is obligated to register online the received sales revenue at the tax authority, in the event of a technical outage the latest within 48 hours.
5.8. The products shall be delivered to the Customer:
- to the address specified by the Customer in the order
- through in-store pickup at the Seller's branch store
5.9. The preferred method of delivery is specified during the ordering of products.
5.10. The cost of delivery of the products, depending on the preferred method of delivery and receipt of the products is stated in the Customer's order as well as in the confirmation of receipt of the order from the Seller. If the method of delivery is stipulated based on a special request of the Customer, the Customer shall bear the risk and any additional costs associated with this method of delivery.
5.11. If the Seller is obligated under the Sales Contract to deliver the products to the address specified by the Customer in the order, the Customer shall take possession of the products upon the delivery. If for the reasons on the part of the Customer it is necessary to deliver the products repeatedly or by a different method of delivery than stated in the order, the Customer shall pay the costs associated with the repeated deliveries of the products or the costs associated with another method of delivery.
5.12. Upon receipt of the products from the carrier, the Customer is obligated to check the integrity of the packaging of the products and, in case of any defects, immediately notify the carrier accordingly. In the event of finding a damage in the packaging indicating an unauthorized opening of the package, the Customer may refuse to accept the delivery from the carrier.
5.13. The Seller issues to the Customer a tax document – invoice. The invoice is sent to the Customer's e-mail address. The invoice is provided together with the delivered products.
5.14. The Customer acquires ownership of the products by paying the full Purchase price, including the cost of delivery. The liability for accidental destruction, damage or loss of the products shall be transferred to the Customer upon receipt of the products or at the moment when the Customer is obligated to accept the products, but fails to do so in violation of the Sales Contract.
6. Withdrawal from the Sales Contract
6.1. The Customer who has concluded a Sales Contract outside of the Customer’s business activity as a consumer is entitled to withdraw from the Sales Contract.
6.2. The withdrawal period is 14 days
- from the date of receipt of the products,
- from the date of receipt of the last delivery of the products, provided that the subject of the Contract consists of several types of products or the delivery is carried out in several batches
- from the date of receipt of the first delivery of the products, provided that the subject of the Contract entails regular repeated deliveries of the products.
6.3. The Customer may not, inter alia, withdraw from the Sales Contract:
- for provision of services, which were fulfilled with the Customer’s prior explicit consent before the expiry of the withdrawal period and the Seller had informed the Customer before the conclusion of the Contract that in such a case the Customer would not entitled to withdraw from the Contract,
- for supply of products or services, the price of which depends on the financial market fluctuations, irrespectively of the Seller's will, and may change within the withdrawal period,
- for supply of alcoholic beverages, which may be delivered only after thirty days and the price of which depends on the financial market fluctuations, irrespectively of the Seller's will,
- for supply of products customized according to the Customer's preferences or for personal use,
- for supply of perishable products as well as products which have been irretrievably mixed with other products after the delivery,
- for delivery of the products in a sealed container, which the Customer has removed from the container and which cannot be returned for hygienic reasons,
- for supply of an audio or video recording or a computer program, provided that the original packaging has been altered,
- for delivery of newspapers, periodicals or magazines,
- for supply of a digital content, which was not provided on a tangible medium, but was supplied with the Customer's prior express consent before the expiry of the withdrawal period and the Seller had informed the Customer before the conclusion of the Contract that the Customer would not entitled to withdraw from the Contract in such a case,
- in other cases specified in Section 1837 of the Civil Code.
6.4. In order to comply with the withdrawal period, the Customer is required to send a notice of withdrawal within the stipulated withdrawal period.
6.5. For withdrawal from the Sales Contract, the Customer may use a sample form for withdrawal from the Contract provided by the Seller. The Customer shall send the notice of withdrawal from the Sales Contract to the Seller's e-mail or mailing address specified in these General Terms and Conditions. The Seller shall immediately confirm to the Customer the receipt of the withdrawal notice.
6.6. The Customer, who has withdrawn from the Contract, is obliged to return the products to the Seller within 14 days of the withdrawal from the Contract with the Seller. The Customer bears the costs associated with the return of the products to the Seller, even if the products, considering their nature, cannot be returned by the regular postal service.
6.7. If the Customer withdraws from the Contract, the Seller shall return to the Customer without delay, but no later than 14 days from the withdrawal from the Contract, all payments, including the charges for delivery, received from the Customer, and do so with the same method of payment. The Seller shall reimburse the received payments to the Customer by a different method of payment only upon the Customer’s prior consent, provided that the Customer does not incur any additional charges.
6.8. If the Customer has opted for a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse to the Customer the cost of the delivery of the products in the amount corresponding to the cheapest offered method of delivery.
6.9. If the Customer withdraws from the Sales Contract, the Seller is not obligated to reimburse the received payments to the Customer before the Customer hands over the products to the Seller or proves that the products have been dispatched to the Seller.
6.10. The products must be returned to the Seller undamaged, unworn, unsoiled and, if possible, in the original packaging. The Seller is entitled to set off the Seller claim for compensation of the damage to the products unilaterally against the Customer's claim for the reimbursement of the Purchase price.
6.11. The Seller is entitled to withdraw from the Sales Contract due to being out of stock, unavailability of the products, or when the manufacturer, importer or the supplier of the products has discontinued production or delivery of the products. The Seller shall immediately inform the Customer by e-mailing to the address specified in the order and reimburse, within 14 days of receiving notice of withdrawal from the Sales Contract, all payments, including the charges for delivery, received from the Customer under the Contract, and do so with the same or different method of payment, as requested by the Customer.
7. Rights arising from defective performance
7.1. The Seller declares to the Customer upon the receipt that the products do not have defects. In particular, the Seller declares to the Customer that at the time when the Customer took the possession over the products:
- the products had characteristics stipulated by the parties and, in absence of such an arrangement, had the characteristics described by the Seller or by the manufacturer, or which the Customer expected, taking into account the nature of the products and the available advertisement,
- the products were suitable for the purpose advertised by the Seller or for which products of this kind are normally used,
- the products were of quality or design corresponding to the stipulated pattern or template, provided that the quality or design had been prescribed by a stipulated pattern or a template,
- the products were in the appropriate quantity, size or weight and the products complied with pertinent regulatory requirements in effect.
7.2. The obligations arising from a defective performance are fulfilled by the Seller to the extent corresponding at least to the scope of fulfillment of obligations arising from a defective performance by the manufacturer. The Customer is otherwise entitled to exercise the right of claiming a defect in consumer goods within twenty-four months of the receipt.
7.3. If a period for which the products may be used is indicated on the sold products, on their packaging, in the product manual supplied with the products or in advertisement in compliance with other pertinent regulations, the warranty provisions guarantying the quality of the products shall apply for the same period accordingly. By guaranteeing the quality, the Seller undertakes that the products shall be suitable for use for the intended purpose or that the products shall preserve their general characteristics in the specified period. If the Customer makes a legitimate claim for a defect in the products to the Seller, neither the period for exercising the rights to remedy due to the defective performance nor the warranty period shall apply for the period during which the Customer cannot use the defective products.
7.4. The provisions specified in the preceding paragraph of this General Terms and Conditions shall not apply to the products sold at a lower price because of a defect due to which the lower price has been stipulated, products used according to their intended purpose, used products with a defect corresponding to the degree of their usage or wearing, which the products had at the time of being taken into possession by the Customer, or resulting from the nature of the products. The Customer is not entitled to remedy due to the defective performance if the Customer had known before taking possession over the products that they had a defect, or if the defect was caused by the Customer.
7.5. In case of a defect, the Customer may file a pertinent claim to the Seller and request:
- replacement with new products,
- repair of the products,
- reasonable discount on the Purchase price,
- withdrawal from the Contract.
7.6. The Customer is entitled to withdraw from the Contract:
- if the products have a substantial defect,
- if the Customer cannot properly use the products because of repeated recurrence of the defect or defects after the repair,
- if there are numerous defects in the products.
7.7. A material breach of the Contract shall be such an infringement, when the party infringing the Contract had already known or was supposed to know at the time of concluding the Contract that the other party would not have concluded the Contract if it had anticipated such a breach.
7.8. In case of a defect, which signifies a non-material breach of the Contract (regardless of whether the defect can or cannot be repaired), the Customer is entitled to have the defect removed or to receive a reasonable discount on the Purchase price.
7.9. If a removable defect reoccurs repeatedly after being repaired (usually, a third claim for the same defect or a fourth for different defects) or the product has a greater number of defects (usually, at least three defects at the same time), the Customer is entitled to demand a discount on the Purchase price, replacement of the products or to withdraw from the Contract.
7.10. When filing a claim, the Customer shall inform the Seller of what remedy the Customer demands. A change of the remedy without the Seller's consent is possible only if the Customer requested a repair of the defect, which turned out to be unrepairable. If the Customer fails to choose a remedy for a material breach of the Contract in a timely manner, the Customer shall be entitled to the same remedies as in the event of a non-material breach of the Contract.
7.11. If a repair or replacement of the products is not possible, based on the withdrawal from the Contract, the Customer may demand a full refund of the Purchase price.
7.12. If the Seller proves that the Customer had known or caused the defect before taking the possession over the products, the Seller shall not be obligated to fulfill the Customer's claim.
7.13. The Customer cannot file a claim on discounted products because of defects the products have been discounted for.
7.14. The Seller is obligated to accept the claim at any branch store, which allows acceptance of claims, or even at the Seller’s registered office or place of business. The Seller shall issue a written confirmation to the Customer indicating when the Customer’s claim was received, what was the subject of the claim and what method of settlement the Customer demanded, as well as a confirmation of the date and method of settlement, including a confirmation of the performed repair and its duration, or a written justification of rejection of the claim.
7.15. The Seller or the Seller's authorized employee shall make a decision on whether to accept or reject the claim immediately, in complex cases within three working days. This period does not include the time estimated for a type of a product or service for assessing the scope of the defect. The claim, including the removal of the defect, has to be settled without a delay, no later than 30 days from the date of accepting the claim, unless the Seller agrees with the Customer for an extended period. The expiry of this period in vain shall be considered as a material breach of the Contract and the Customer shall be entitled to withdraw from the Sales Contract. The claim is considered as filed as soon as the Customer expressed the Customer’s will to exercise the right for a remedy due to a defective performance to the Seller.
7.16. The Seller shall inform the Customer in writing of the outcome of the claim.
7.17. The Customer shall not be entitled to a remedy due to a defective performance, had the Customer been aware of defectiveness of the product before accepting it, or had the Customer caused the defect.
7.18. In case the claim is legitimate, the Customer is entitled to a reimbursement of the costs incurred in connection with the filing of the claim. The Customer may exercise this right with regard to the Seller within one month after the expiry of the warranty period, otherwise the court may consider it as unsubstantiated.
7.19. The Customer has the right to choose the method of resolving the claim.
7.20. The rights and obligations of the contracting parties related to the right to a remedy due to a defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on consumer protection.
7.21. Other rights and obligations of the parties related to the Seller's liability for defects shall be governed by the Seller's Claims settlement procedure.
8.1. The contracting parties may deliver all written correspondence to each other by e-mail.
8.2. The Customer shall deliver the correspondence to the Seller by sending it to the e-mail address specified in these General Terms and Conditions. The Seller shall deliver the correspondence to the Customer by sending it to the e-mail address specified in the Customer’s account or in the order.
9. Personal data
9.1. All information you provide during our cooperation is deemed confidential and shall be treated accordingly. Unless you grant us a written permission, we shall not use the information provided by you in any other way than for fulfillment of the Contract, except for the email address, which may be used for commercial communication, as permitted by law, unless you choose to opt out. These communications may only provide relevant information concerning similar or related products and can be unsubscribed simply at any time (by sending a letter, email or by clicking on the link in the commercial communication). For this purpose, the e-mail address shall be preserved for 3 years after the conclusion of the last Contract between the contracting parties.
9.2. More detailed information about the protection of personal data can be found in the Personal data protection policy.
10. Extrajudicial dispute resolution
10.1. The out-of-court resolution of consumer disputes arising from the Sales Contract shall be tried at the pertinent Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Registration No.: 000 20 869, Internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used for resolution of disputes between the Seller and the Customer arising from the Sales Contract.
10.2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council as of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution).
10.3. The Seller is authorized to sell the products based on a trade license. The trade inspection is carried out within the scope of its competence by a competent trade licensing office. The Czech Trade Inspection Authority oversees, to a limited extent, the compliance with Act No. 634/1992 Coll., on consumer protection.
11. Final provisions
11.1. All arrangements between the Seller and the Customer shall be governed by the law of the Czech Republic. If a relationship established by the Sales Contract involves international engagement, then the parties agree that such a relationship shall be governed by the law of the Czech Republic. However, this does not affect the consumer rights generally governed by applicable regulation.
11.2. The Seller is not bound in relation to the Customer by any codes of conduct within the meaning of Section 1826 (1)(e) of the Civil Code.
11.3. All rights to Seller's website, specifically the copyrights for the content, including the page layout, photos, films, graphics, trademarks, logos and other content and elements, shall belong to the Seller. It is forbidden to copy, modify or otherwise use the website or its part without the Seller's consent.
11.4. The Seller shall not be liable for errors resulting from interference of third parties into the operation of the Online store or as a result of its use in violation of its purpose. The Customer shall not use procedures that could have a negative impact on the operation of the Online store and may not engage in any activity that may allow the Customer or third parties to unduly interfere with or misuse the software or other components comprising the Online store and use the Online store or its parts or the software in such a manner as to interfere with its designation or purpose.
11.5. The Customer hereby assumes the risk arising from a change in circumstances under Section 1765 (2) of the Civil Code.
11.6. The Sales Contract, including the General Terms and Conditions, is archived by the Seller in the electronic form and is not accessible.
11.7. The text of the General Terms and Conditions may be amended or supplemented by the Seller. This provision shall not affect the rights and obligations stipulated during the effective period of the previous wording of the General Terms and Conditions.
11.8. A sample form for withdrawal from the Contract is provided as an annex to the General Terms and Conditions.
In Loučky on March 21, 2018.