Terms and conditions Terms and conditions and complaints policy for e-shop www.konsepti.com Terms and conditions and complaints for e-shop www.kartellshop.cz TERMS AND CONDITIONS These terms and conditions and complaints policy of Konsepti (hereinafter also as “the Terms”) shall apply for all contractual relationships entered into by and between the seller KONSEPTI, Ltd., with registered office at Komunardů 32, 170 00, Prague 7, company identification number 63668203, incorporated in the Companies Register by the City Court in Prague, section C entry 37570 at the register court of Prague (hereinafter also as “Konsepti”) at the one side, and individual buyers (hereinafter also as “the Buyer”) on the other side, except of contractual relationships entered between Buyer and Konsepti through e-shops which operate on internet sites www.kartellshop.cz and www.konsepti.com, where different terms and conditions shall apply. Contracting parties may change or make deletions some provisions of these Terms, or agreed that the Terms shall not apply. Definitions and general provisions The Buyer is the Consumer or the Enterpriser. The Consumer: every person who concludes a contract or deals with Konsepti beyond the purview of his/her enterpreneur activity or individual occupation. The Enterpriser: one who pursues his/her self-employed activity on his/her own account and responsibility on a trade-licence basis or any other basis with the intention to do so continuously and for the purpose of making profit. For the purpose of consumer protection, besides other things, the Enterpriser is also every person who concludes contracts related to his/her own business activity, production activity etc., or to his/her self-employed activity, or every person acting on behalf or on the account of the Enterpriser. The Buyer is aware that purchasing products which are the subjects of the purchase contract does not give him/her the right to use registered trademarks, business names, company logos and other things of Konsepti or any of its contract partners, unless in a particular case stipulated otherwise by means of a separate contract. All contractual relations are concluded in compliance with Czech Republic Law. When the Consumer is the contracting party, these relations abide by the Civil Code (no. 89/2012 Sb.) and consumer protection law (no. 634/1992 Sb.), all subsequently amended. When the Enterpriser is the contracting party, these relations abide by the Civil Code (no. 89/2012 Sb.), all subsequently amended; nevertheless, consumer contracts regulations (distance contracts regulations) contained in Act no. 89/2012 Sb. and other consumer protection regulations are not applied in this case. The provisions of the Terms are an integral part of the purchase contract. Both the Terms and the purchase contract are drawn up in Czech language. Provisions regarding legal consumer rights apply only when the Buyer is the Consumer (e.g. withdrawal from contract referred to in § 1829 and following of Civil Code). By concluding the purchase contract, the Buyer affirms that he/she got acquainted with the Terms and he/she agrees with them. Prior to transacting the order, the Buyer is additionally alerted to the Terms and has the chance to get acquainted with them. The concluded contract is archived on the side of Konsepti for the purpose of its successful execution and is not accessible to any third parties. Notifications prior to concluding the contract Konsepti communicates that: a. It performed its duty towards the Consumer referred to in § 1811 Paragraph 2 Act no. 89/0212 Sb. of the Civil Code when it communicated to the Consumer prior to his concluding the contract: details of its identity, registered office address, telephone number and, if any, address for the delivery of electronic mail, identification of the goods or services and a description of their main characteristics to the extent appropriate to the means of communication used and the nature of the goods or services, the total price of the goods or services, including all taxes, fees and other similar monetary charges, and, where the nature of the goods or services does not allow that price to be reasonably determined in advance, the method of calculating it, the method of payment, the method and time of delivery or performance and, where applicable, the rules for dealing with complaints, the costs of delivery and, where that costs cannot be determined in advance, an indication that it may be charged in addition, an indication of the existence of rights from defective performance, including, where appropriate, the quality guarantee, after-sales service and the conditions thereof, an indication of the duration of the commitment and the conditions for termination of the commitment, if the contract is to be concluded for an indefinite period or if the commitment is to be automatically renewed. b. the costs of long-distance communication means do not differ from the basic fee (in case of internet or telephone connection according to the conditions of the Buyer´s operator). Konsepti does not charge any additional fees, except for possible contractual transportation, c. The Consumer is obliged to pay a proportionate part of the price in the event of withdrawal from a contract whose subject matter is the provision of services and whose performance has already begun. Purchase contract The presentation of goods placed by Konsepti on the websites, advertising catalogues, shops operated by Konsepti, upon request of the Buyer or by any other possible way is not a proposal for delivery of goods. Konsepti is not obliged to conclude a purchase contract for the goods presented. Therefore, Section 1732 (2) of the Civil Code does not apply. To conclude the purchase agreement the previous order of the goods from the Buyer is needed, which can be done in written or oral form. Konsepti is always entitled (usually depending on the nature of the order - quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the order. The purchase agreement between Konsepti and the Buyer is concluded by acceptance (confirmation) of the order by Konsepti. The acceptance of the order is provided usually by sending to the Buyer via e-mail the document “Order acceptance”, but the acceptance can be executed also in any other way from which it is obvious that Konsepti accepts the order. Konsepti is not obliged to conclude the purchase agreement, not only when the order is made for the sold-out goods or when the validity of the price offer is limited to goods in stock or when the Buyer is a person who has previously materially breached its obligations to Konsepti. In the event of a manifest error in the price of the goods (i.e., a price other than the usual price for this kind / type of goods), Konsepti will immediately contact the Buyer who made the order in order to agree on further action. A manifest error in price is, for example, the mistake of stating the first three digits in place of four, apparently low price, and other obvious errors in writing. If the contract is concluded despite obvious errors in the price of the goods, if the goods are sold out or if the validity of the quotation is limited for goods in stock, Konsepti has the right to withdraw from the contract. Withdrawal from the contract shall take place by delivery of an e-mail to the Buyer stating that Konsepti is withdrawing from the contract and the specific reason. In the event that the Buyer, who is an entrepreneur, is in delay with payment of the purchase price, Konsepti shall be entitled to payment of a contractual penalty in the amount of 0,3% per day of the amount owed for each day of delay. The Buyer agrees to use the means of distance communication to conclude the purchase contract. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (ie in particular the cost of internet connection, the cost of telephone calls) are paid by the Buyer himself. Payment terms Konsepti reserves the right to change the price. Valid prices are confirmed to the Buyer at the moment he/she receives the acceptance of his/her order. All prices are final, i.e. including VAT or any other taxes or fees which must be paid by the consumer in order to obtain the goods. Payment terms constitute cash payment upon the delivery of the subject of performance or the possibility to use other payment methods listed below. Konsepti is entitled to require an advance payment prior to the delivery and up to 100% value of the order. In case the advance payment is required, Konsepti issues “Advance payment – tax voucher”. The value of the advance payment is deducted on the tax voucher (invoice) upon the delivery of the goods. Possible payment methods: payment by card payment by bank transfer to the account at ČSOB: Account no. 700479913/0300 payment in cash Installation and setup of the goods are not part of the purchase contract, unless the concrete offer stipulates otherwise. Along with the purchase contract, The Buyer is obliged to pay to the supplier also the expenses related to the goods delivery (shipping, manipulation and setup of the goods, or as the case may be the enforced storage expenses) in the agreed amount. If the Buyer is a Consumer, the costs associated with the delivery of the goods are communicated before the conclusion of the contract. Possible discounts from the price of goods provided by Konsepti to the Buyer cannot be combined. Condition for commencing the delivery period is the settlement of the advance payment incl. VAT, if the payment of the advance is requested by Konsepti, unless contracting parties agreed otherwise. The surcharge of the price is due latest by the delivery of the goods, unless contracting parties agreed otherwise. The goods become the property of the Buyer upon full reimbursement of the purchase price. The rights from the improper performance The rights and duties of contracting parties regarding the improper performance regulates relevant general binding laws (in particular Sections 1945 - 1925, 2099 – 2112 and in cases where the Buyer is a Consumer also Sections 2158 – 2174 of Civil Code) and also the Complaints Policy of Konsepti, which the Buyer is fully acquainted with before the conclusion of purchase contract and which forms the annex of these Terms. Delivery The method of delivery is determined by Konsepti, unless stated otherwise in the purchase contract. In case the method of delivery is arranged at the request of the Buyer, he/she bears the risk and possible additional costs connected with this method of delivery. Unless stated otherwise, the price does not include the costs of shipping to the destination. Shipping constitutes a separate item of the offer and derives from the Complementary Services Pricelist which is published on the web sites of Konsepti. The discounts stated do not automatically apply to discounted goods. In case it is necessary due to the reasons on the side of the Buyer to deliver the goods repeatedly or by means of a method other than the one determined in the order, the Buyer is obliged to cover the costs related to this repeated delivery, or as the case may be another means of delivery. When taking delivery, the Buyer is obliged to verify that the goods packaging is undamaged; in case of any defect, forthwith report so to the carrier. Should the packaging be found damaged as a result of an unauthorized intrusion, the Buyer is not obliged to take delivery of such consignment. By signing the delivery note, the Buyer affirms that the consignment meets all conditions and requirements and any possible future claim to package damaging cannot be taken into consideration. Immediately upon the delivery, the Buyer is further obliged to inspect the condition of the consignment along with the carrier and refuse to take delivery of a consignment which is not in accordance with purchase contract by being incomplete or damaged etc. If the Buyer takes delivery of such consignment, it is necessary to describe the damage in the carrier´s handover protocol. It is necessary to forthwith report any incomplete or damaged consignment to the e-mail address reklamace@konsepti.com, fill out the damage protocol along with the carrier and send it without undue delay by e-mail or by post to Konsepti. Additional claim for incompleteness or outer damage does not rid the Consumer of his/her right to enforce this claim; however, it gives Konsepti the chance to prove there is no contradiction with purchase contract. Goods assembly and manipulation Unless stated otherwise, the price does not include: unloading the goods standard carry-up of the goods moving the goods manipulation of the goods goods assembly refuse collection and disposal. Costs of the above-mentioned activities constitute a separate item of the offer and derive from Complementary Services Pricelist which is published on the web sites of Konsepti and which the Buyer is acquainted with. Standard carry-up of the goods means manual carrying up the goods up to 100 kg of weight, maximum up to a 3rd Floor, or as the case may be without floor limitation if taken up by lift. Non-standard carry-up of the goods involves the use of a sky lift, crane etc., or carrying up the goods higher than a 3rd Floor. Such cases become the subject of a separate offer. Handling over the goods and involuntary storage The Buyer is obliged to inspect the goods prior to taking delivery and take down in the “delivery note” (handover protocol) any ascertained evident defects and other discrepancies. In case of minor defects which do not prevent usage of the goods, the Buyer is obliged to take the delivery. Hidden defects ascertained later are covered by the guarantee conditions. In case the delivery consists of goods from various manufacturers with various delivery times, the Buyer is obliged to take partial delivery, unless both parties agree otherwise (in writing). In case it is not possible to deliver the goods at the pre-arranged date and time due to objective reasons on the side of the Buyer, Konsepti will store the goods in its storeroom and the Buyer will be charged all costs in their actual amount, unless both parties agree otherwise beforehand (in writing). Konsepti is in such case entitled to request a fee for the expenses of storing and storage costs in the amount of 40,- Kč (forty Czech crowns) for 1m2/item/day of storing, and is further entitled to withdraw from purchase contract. Konsepti will offer free storage for the time period of max. 14 calendar days. If the delivered goods is stored in the place of performance and its installation is made impossible without the fault of Konsepti, the delivery is considered proper and the Buyer is obliged to check the quantity of the goods and take delivery – unless both parties agree otherwise beforehand. However, the right following from the complaints procedure is not affected thereby. The goods will not be hand over to the Buyer before the full reimbursement of the purchase price and the price for the activities which cohere with the delivery of goods (transport, goods assembly, etc.), unless the agreement of contracting parties or the offer stipulate otherwise. Delivery time Standard goods delivery time is 2-12 weeks depending on the type of goods and the manufacturer. Once the advanced payment including VAT in the agreed amount has been paid, the delivery time starts running, unless agreed otherwise by both contractual parties. The indicative term of the delivery time is always communicated to Buyer by the conclusion of purchase contract. Concrete week or strict delivery time is consequently (after the conclusion of purchase contract) communicated to Buyer usually in the document called “Order Confirmation”. Final provisions Konsepti is authorized for selling the goods upon the trade licence. The trade control performs in the scope of its competency the Trade Licencing Office. The supervision of personal data protection performs the Office For Personal Data Protection. Czech Trade Inspection Authority performs to a limited extent, among other activities, supervision of compliance the Act no. 634/1992 Sb., the Consumer Protection Act, as amended. Any disputes between Konsepti and the Buyer may also be settled out of court. In such a case, the Buyer - Consumer may contact an out-of-court dispute resolution entity, which is, for example, the Czech Trade Inspection. Buyer´s order is after its acceptance archived by Konsepti as concluded contract for the purpose of its execution and further evidence and its current status is accessible to Buyer. These Terms are valid from 6 January 2023. By concluding the purchase contract between Konsepti and Buyer these Terms becomes effective between contracting parties and the Buyer expresses that he/she is familiarised with these Terms and agrees with them and fully accepts them. Should any provision of the Terms be invalid or ineffective, or should it be rendered so, the invalid regulation is to be left behind to allow for a new regulation closest with its meaning to the invalid one. Invalidity or ineffectiveness of one regulation does not affect the validity of other regulations and provisions. Annex: Complaints Policy Terms and conditions and complaints policy for e-shop www.konsepti.com Terms and conditions and complaints policy for e-shop, which is accessible on the internet site www.konsepti.com (hereinafter also as „the Terms“). These Terms are valid from 6. 1. 2023 for the purchase in e-shop on the website www.konsepti.com operated by company Konsepti, spol. s r. o. The Terms further defines and specify relationships between parties of purchase contract, where entered into by and between the seller KONSEPTI, Ltd., with registered office at Komunardů 32, 170 00, Prague 7, company identification number 63668203, incorporated in the Companies Register by the City Court in Prague, section C entry 37570 at the register court of Prague (hereinafter also as “Konsepti”) at the one side, and individual buyers (hereinafter also as “the Buyer”) on the other side. Definitions and general provisions The Buyer is the Consumer or the Enterpriser. The Consumer: every person who concludes a contract or deals with Konsepti beyond the purview of his/her enterpreneur activity or individual occupation. The Enterpriser: one who pursues his/her self-employed activity on his/her own account and responsibility on a trade-licence basis or any other basis with the intention to do so continuously and for the purpose of making profit. For the purpose of consumer protection, besides other things, the Enterpriser is also every person who concludes contracts related to his/her own business activity, production activity etc., or to his/her self-employed activity, or every person acting on behalf or on the account of the Enterpriser. The Buyer is aware that purchasing products, which are offered through internet site www.konsepti.com, does not give him/her the right to use registered trademarks, business names, company logos and other things of Konsepti or any of its contract partners, unless in a particular case stipulated otherwise by means of a separate contract. All contractual relations are concluded in compliance with Czech Republic Law. When the Consumer is the contracting party, these relations abide by the Civil Code (no. 89/2012 Sb.) and consumer protection law (no. 634/1992 Sb.), all subsequently amended. When the Enterpriser is the contracting party, these relations abide by the Civil Code (no. 89/2012 Sb.), all subsequently amended; nevertheless, consumer contracts regulations (distance contracts regulations) contained in Act no. 89/2012 Sb. and other consumer protection regulations are not applied in this case. The provisions of the Terms are an integral part of the purchase contract. Both the Terms and the purchase contract are drawn up in Czech language. Provisions regarding legal consumer rights apply only when the Buyer is the Consumer (e.g. withdrawal from contract referred to in § 1829 and following of Civil Code). By concluding the purchase contract, the Buyer affirms that he/she got acquainted with the Terms and he/she agrees with them. Prior to transacting the order, the Buyer is additionally alerted to the Terms and has the chance to get acquainted with them. The concluded contract is archived on the side of Konsepti for the purpose of its successful execution and is not accessible to any third parties. Information about the individual technical steps to be taken in order to enter into an purchase contract is evident from the process of ordering goods in e-shop www.konsepti.com and the Buyer has the possibility to control the order and eventually fix it before sending. The Terms are accessible on the internet site www.konsepti.com and the Buyer has the possibility to archive and reproduce them. Notifications prior to concluding the contract Konsepti communicates that: a. It performed its duty towards the Consumer referred to in § 1820 Paragraph 2 Act no. 89/0212 Sb. of the Civil Code when it communicated to the Consumer prior to his concluding the contract: details of the main characteristics of the goods or services to the extent appropriate to the means of distance communication used and the nature of the goods or services, details of its identity, the address of the registered office, telephone number and address for the delivery of electronic mail and, where appropriate, details of any other means of online communication, the address of the business premises, if different from the registered office, the total price and delivery costs as referred to in Section 1811(2)(c) and (e) of the Civil Code; an information about the adjustment of the price to the Consumer on the basis of automated decision-making, if the price has been so adjusted, the cost of means of distance communication, if different from the basic rate, the method of payment, the method and time of delivery or performance and, where applicable, the rules for handling complaints, the conditions, period of time and procedure for exercising the right of withdrawal, as well as a withdrawal form, if this right can be exercised, an information that, in the event of withdrawal, the Consumer shall bear the costs of returning the goods and, in the case of a contract concluded by means of distance communication, the costs of returning the goods if, by their nature, they cannot be returned by normal postal service, an information that the Consumer does not have the right to withdraw from the contract, if applicable, or an information about the conditions under which the Consumer's right to withdraw from the contract will cease to exist, an information about the existence of rights arising from defective performance, including, where applicable, the quality guarantee, after-sales service and their conditions, an information about the duration of the commitment and the conditions for termination of the commitment if the contract is to be concluded for an indefinite period or if the commitment is to be automatically renewed, the shortest period of time for which the Consumer's obligations under the contract will continue, if to be determined by the contract, an information about the obligation to pay a deposit or similar payment, if required, and its terms, an information about the existence, method and conditions of out-of-court settlement of Consumer disputes, including whether a complaint may be lodged with a supervisory or state supervisory authority, b. the costs of long-distance communication means do not differ from the basic fee (in case of internet or telephone connection according to the conditions of the Buyer´s operator). Konsepti does not charge any additional fees, except for possible contractual transportation, c. in case the Consumer as the Buyer should withdraw from the contract, he/she will bear the costs of returning the goods in case it cannot be returned by means of the usual postal services because of its nature, d. if service providing is the subject of the contract and the performance of this service has already started, the Consumer is obliged to pay the proportional price in case he/she withdraws from the contract. On the internet sites of e-shop www.konsepti.com Konsepti presents goods for sale, including the price of individual items. The prices of the goods are stated for the product without VAT, as well as including VAT. Prices of these goods and other mentioned conditions (e.g. information on costs related to packaging and delivery of goods within the Czech Republic) remain valid as long as they are displayed on the website of the online store, with the exception of the provision about a manifest error in writing, except in the case of depletion of stocks and except when the presented price of the goods was valid only for goods in stock. Purchase contract The presentation of goods placed by Konsepti on the website of e-shop www.konsepti.com is only a proposal for delivery of goods pursuant to Section 1732(2) of the Civil Code, subject to depletion of stock or loss of the entrepreneur's ability to perform. To order the goods, the buyer fills in the order form at the website of the online store www.konsepti.com. The order form contains especially information about the ordered goods, the method of payment of the purchase price and information on the costs associated with the delivery of the goods (hereinafter referred to as the "Order"). Before submitting an Order to Konsepti, the Buyer is allowed to check and change the data entered into the Order by the Buyer, especially with regard to the Buyer's ability to detect and correct errors in entering data into the Order. The Buyer sends the Order to Konsepti by clicking the "Order binding for payment" button. By submitting an Order, the Buyer confirms that he/she has read and agrees with these Terms. The Buyer is notified of these Terms sufficiently before the Order is executed and he/she has the opportunity to become acquainted with them. The information provided in the Order is considered to be correct by Konsepti. The contract is concluded at the moment when the Order from the Buyer is delivered to Konsepti. After delivery of the Order, Konsepti confirms its acceptance, conclusion of the contract (including Terms) and Order’s recapitulation to the Buyer by information e-mail to the specified e-mail address (hereinafter referred to as "the Confirmation of the contract conclusion"). In case when the Buyer is a person who has previously materially breached its obligations to Konsepti, Konsepti will immediately contact the Buyer who submitted the Order to agree on further action. In the event of a manifest error in the price of the goods (i.e., a price other than the usual price for this kind / type of goods), Konsepti will immediately contact the Buyer who made the Order in order to agree on further action. A manifest error in price is, for example, the mistake of stating the first three digits in place of four, apparently low price, and other obvious errors in writing. If there is no agreement between the parties within seven days of contacting the Buyer in the above-mentioned cases, Konsepti or the Buyer has the right to withdraw from the contract. Withdrawal shall be executed by delivery of an e-mail stating that Konsepti or the Buyer withdraws from the contract and the specific reason. Konsepti will contact the Buyer immediately to agree on further action also in cases, when the Order has been placed for out-of-stock goods or the validity of the price offer is limited to goods in stock. In such a case, the stipulation that the contract is concluded in the moment when the Order is received, does not apply, since the provision of Article 1732(2) of the Civil Code stipulates that a published presentation of the goods in the e-shop does not constitute an offer if the stock has been sold out or Konsepti has lost its ability to perform. The buyer agrees to use the means of distance communication to conclude the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (ie in particular the cost of internet connection, the cost of telephone calls) are paid by the buyer himself. Payment terms Konsepti reserves the right to change the price. Valid prices are confirmed to the Buyer at the moment the Buyer receives the Confirmation of the contract conclusion. All prices are final, i.e. including VAT or any other taxes or fees which must be paid by the Consumer in order to obtain the goods. Payment terms constitute cash payment upon the delivery of the subject of performance or the possibility to use other payment methods listed below. Konsepti is entitled to require an advance payment prior to the delivery and up to 100% value of the order. In case the advance payment is required, Konsepti issues “Advance payment – tax voucher”. The value of the advance payment is deducted on the tax voucher (invoice) upon the delivery of the goods. Possible payment methods: online payment by card payment by card at the branch payment by bank transfer to the account at ČSOB, Account no. 700479913/0300 payment in cash at the branch (applicable in case of the goods which are on stock and for Order which does not exceed 20 000 CZK incl. VAT) Installation and setup of the goods are not part of the purchase contract, unless the concrete offer stipulates otherwise. Along with the purchase contract, The Buyer is obliged to pay to the supplier also the expenses related to the goods delivery (shipping, manipulation and setup of the goods, or as the case may be the enforced storage expenses) in the agreed amount. If the Buyer is a Consumer, the costs associated with the delivery of the goods are communicated before the conclusion of the contract. Possible discounts from the price of goods provided by Konsepti to the Buyer cannot be combined. Condition for commencing the delivery period is the settlement of the advance payment incl. VAT, if the payment of the advance is requested by Konsepti, unless contracting parties agreed otherwise. The surcharge of the price is due latest by the delivery of the goods, unless contracting parties agreed otherwise. The goods become the property of the Buyer upon full reimbursement of the purchase price. The rights from the improper performance The rights and duties of contracting parties regarding the improper performance regulates relevant general binding laws (in particular Sections 1945 - 1925, 2099 – 2112 and in cases when the Buyer is a Consumer also 2158 – 2174 of Civil Code) and also the Complaints Policy of Konsepti, which the Buyer is fully acquainted with before the conclusion of purchase contract and which forms the annex of these Terms. The Consumer´s right to withdraw from contract The right to withdraw from contract concluded in e-shop is the Consumer´s right as referred to in the provisions of § 1829 and following of the Civil Code and can be exercised within fourteen (14) days from taking delivery of the goods or from the moment, when the Buyer takes over the last piece of goods, if the Consumer orders several pieces of goods within one Order, which are delivered separately, the last item or part of a delivery of goods consisting of several items or parts; or the first delivery of the goods if the contract provides for regular delivery of the goods over an agreed period of time. In the case of purchases made in the course of a business activity, there is no right to withdraw from the contract. If the Consumer wish to execute the right to withdraw from contract under the previous paragraph, he/she shall contact Konsepti and announce (preferably in writing) that h/she withdraws from the contract, preferably together with stating the number of the Order, date of purchase and number of bank account for the purpose of returning money. Money is possible to return also in the business premises of Konsepti. The withdrawal from purchase contract Customer may send to address of the business premises of Konsepti or to the e-mail address reklamace@konsepti.com. Konsepti allows the Buyer to withdraw from the contract using the model form according to the provisions of Section 1820(1)(i) of the Civil Code. The Consumer notes that, as referred to in the provisions of § 1837 and following of the Civil Code, it is not possible, besides other things, to withdraw from contract which has been made according to the Buyer´s requests or adjusted to Buyer’s personal needs, as well as contract on delivery of goods subject to fast wear and tear. In case of valid withdrawal from contract on the side of the Consumer, Konsepti is obliged to return the purchase price to the Consumer within fourteen (14) working days of the physical return of the goods, but no later than thirty (30) days from the reception of the withdrawal from purchase contract, by the same mean in which Konsepti received money from Customer, if the Customer does not determine otherwise. Konsepti is also entitled to return the purchase price in cash when returning the goods to the Consumer, if the Customer agrees. Konsepti is not obliged to return the purchase price to the Consumer unless he/she has returned the goods or proves that it has been sent off, whichever happens earlier. The Consumer bears all the costs related to returning the goods. The Buyer shall be liable to Konsepti only for any decrease in the value of the goods resulting from handling the goods in a manner different from that required by their nature and characteristics. In the event of the Buyer's liability for compensation for decrease in value of the goods, Konsepti is entitled to unilaterally set off the Consumer's claim for reimbursement of the purchase price against the compensation for decrease in value of the goods. A common damage of the original packaging which was caused when unpacking the goods cannot be considered as the goods depreciation. Provisions of law regulating the right to withdraw from contract can not be interpreted as the possibility of free of charge rent of the goods. If withdrawing from the agreement, the Consumer is to return to Konsepti, in the period of 14 days after withdrawing from the agreement, everything he/she gained under the contract and if it is not possible (e. g. due to the fact in the meantime the goods were destroyed or consumed), the Consumer is obligated to replace monetary amount as a counter value of what cannot be returned. Konsepti may set off the actual costs incurred due to returning the goods against the purchase price to be returned to the Buyer. If gifts are provided with the goods, the donation contract between the Buyer and Konsepti is concluded with the provision that if the right to withdraw from the purchase contract is exercised within 14 days, the donation contract shall cease to be effective and the Consumer shall be obliged to return the goods together with the and the gifts related to the goods, including anything the Consumer has enriched himself/herself with. Delivery The method of delivery is determined by Konsepti, unless stated otherwise in the purchase contract. In case the method of delivery is arranged at the request of the Buyer, he/she bears the risk and possible additional costs connected with this method of delivery. Unless stated otherwise, the price does not include the costs of shipping to the destination. Shipping constitutes a separate item of the offer and derives from the Complementary Services Pricelist which is published on the web sites of Konsepti www.konsepti.com. The Buyer has been informed of the Price list of additional services. The discounts stated do not automatically apply to discounted goods. In case it is necessary due to the reasons on the side of the Buyer to deliver the goods repeatedly or by means of a method other than the one determined in the order, the Buyer is obliged to cover the costs related to this repeated delivery, or as the case may be another means of delivery. When taking delivery, the Buyer is obliged to verify that the goods packaging is undamaged; in case of any defect, forthwith report so to the carrier. Should the packaging be found damaged as a result of an unauthorized intrusion, the Buyer is not obliged to take delivery of such consignment. By signing the delivery note, the Buyer affirms that the consignment meets all conditions and requirements and any possible future claim to package damaging cannot be taken into consideration. Immediately upon the delivery, the Buyer is further obliged to inspect the condition of the consignment along with the carrier and refuse to take delivery of a consignment which is not in accordance with purchase contract by being incomplete or damaged etc. If the Buyer takes delivery of such consignment, it is necessary to describe the damage in the carrier´s handover protocol. It is necessary to forthwith report any incomplete or damaged consignment to the e-mail address reklamace@konsepti.com, fill out the damage protocol along with the carrier and send it without undue delay by e-mail or by post to Konsepti. Additional claim for incompleteness or outer damage does not rid the Consumer of his/her right to enforce this claim; however, it gives Konsepti the chance to prove there is no contradiction with purchase contract. Goods assembly and manipulation Unless stated otherwise, the price does not include: unloading the goods standard carry-up of the goods moving the goods manipulation of the goods goods assembly refuse collection and disposal. Costs of the above-mentioned activities constitute a separate item of the offer and derive from Complementary Services Pricelist which is published on the web sites of Konsepti www.konsepti.com. The Buyer has been informed of the Price list of additional services. Standard carry-up of the goods means manual carrying up the goods up to 100 kg of weight, maximum up to a 3rd Floor, or as the case may be without floor limitation if taken up by lift. Non-standard carry-up of the goods involves the use of a sky lift, crane etc., or carrying up the goods higher than a 3rd Floor. Such cases become the subject of a separate offer. Handling over the goods and involuntary storage The Buyer is obliged to inspect the goods prior to taking delivery and take down in the “delivery note” (handover protocol) any ascertained evident defects and other discrepancies. In case of minor defects which do not prevent usage of the goods, the Buyer is obliged to take the delivery. Hidden defects ascertained later are covered by the guarantee conditions. In case the delivery consists of goods from various manufacturers with various delivery times, the Buyer is obliged to take partial delivery, unless both parties agree otherwise (in writing). In case it is not possible to deliver the goods at the pre-arranged date and time due to objective reasons on the side of the Buyer, Konsepti will store the goods in its storeroom and the Buyer will be charged all costs in their actual amount, unless both parties agree otherwise beforehand (in writing). Konsepti is in such case entitled to request a fee for the expenses of storing and storage costs in the amount of 40,- Kč (forty Czech crowns) for 1m2/item/day of storing, and is further entitled to withdraw from purchase contract. Konsepti will offer free storage for the time period of max. 14 calendar days. If the delivered goods is stored in the place of performance and its installation is made impossible without the fault of Konsepti, the delivery is considered proper and the Buyer is obliged to check the quantity of the goods and take delivery – unless both parties agree otherwise beforehand. However, the right following from the complaints procedure is not affected thereby. The goods will not be hand over to the Buyer before the full reimbursement of the purchase price and the price for the activities which cohere with the delivery of goods (transport, goods assembly, etc.), unless the agreement of contracting parties or the offer stipulate otherwise. Delivery time Standard goods delivery time is 2-12 weeks depending on the type of goods and the manufacturer. Once the advanced payment including VAT in the agreed amount has been paid, the delivery time starts running, unless agreed otherwise by both contractual parties. The indicative term of the delivery time is always listed next to the individual item of the goods on the internet site www.konsepti.com. communicated to Buyer by the conclusion of purchase contract. Concrete week or closer delivery time is consequently (after the conclusion of purchase contract) communicated to Buyer usually in the document called “Confirmation of the contract conclusion ”. Final provisions Konsepti is authorized for selling the goods upon the trade licence. The trade control performs in the scope of its competency the Trade Licencing Office. The supervision of personal data protection performs the Office For Personal Data Protection. Czech Trade Inspection Authority performs to a limited extent, among other activities, supervision of compliance the Act no. 634/1992 Sb., the Consumer Protection Act, as amended. Any disputes between Konsepti and the Buyer may also be settled out of court. In such a case, the Buyer - Consumer may contact an out-of-court dispute resolution entity, which is, for example, the Czech Trade Inspection. These Terms are valid in the wording listed on the internet sites of Konsepti on the day of conclusion the purchase contract. Buyer´s order is after its acceptance archived by Konsepti as concluded contract for the purpose of its execution and further evidence and its current status is accessible to Buyer. Should any provision of the Terms be invalid or ineffective, or should it be rendered so, the invalid regulation is to be left behind to allow for a new regulation closest with its meaning to the invalid one. Invalidity or ineffectiveness of one regulation does not affect the validity of other regulations and provisions. Annex: Complaints Policy Terms and conditions and complaints policy for e-shop www.kartellshop.cz Terms and conditions and complaints policy for e-shop, which is accessible on the internet site www.kartellshop.cz (hereinafter also as „the Terms“). These Terms are valid from January 1st , 2020 for the purchase in e-shop on the website www.kartellshop.cz operated by company Konsepti, spol. s r. o. The Terms further defines and specify relationships between parties of purchase contract, where entered into by and between the seller KONSEPTI, Ltd., with registered office at Komunardů 32, 170 00, Prague 7, company identification number 63668203, incorporated in the Companies Register by the City Court in Prague, section C entry 37570 at the register court of Prague (hereinafter also as “Konsepti”) at the one side, and individual buyers (hereinafter also as “the Buyer”) on the other side. Definitions and general provisions The Buyer is the Consumer or the Enterpriser. The Consumer: every person who concludes a contract or deals with Konsepti beyond the purview of his/her enterpreneur activity or individual occupation. The Enterpriser: one who pursues his/her self-employed activity on his/her own account and responsibility on a trade-licence basis or any other basis with the intention to do so continuously and for the purpose of making profit. For the purpose of consumer protection, besides other things, the Enterpriser is also every person who concludes contracts related to his/her own business activity, production activity etc., or to his/her self-employed activity, or every person acting on behalf or on the account of the Enterpriser. The Buyer is aware that purchasing products, which are offered through internet site www.kartellshop.cz , does not give him/her the right to use registered trademarks, business names, company logos and other things of Konsepti or any of its contract partners, unless in a particular case stipulated otherwise by means of a separate contract. All contractual relations are concluded in compliance with Czech Republic Law. When the Consumer is the contracting party, these relations abide by the Civil Code (no. 89/2012 Sb.) and consumer protection law (no. 634/1992 Sb.), all subsequently amended. When the Enterpriser is the contracting party, these relations abide by the Civil Code (no. 89/2012 Sb.), all subsequently amended; nevertheless, consumer contracts regulations (distance contracts regulations) contained in Act no. 89/2012 Sb. and other consumer protection regulations are not applied in this case. The provisions of the Terms are an integral part of the purchase contract. Both the Terms and the purchase contract are drawn up in Czech language. Provisions regarding legal consumer rights apply only when the Buyer is the Consumer (e.g. withdrawal from contract referred to in § 1829 and following of Civil Code). By concluding the purchase contract, the Buyer affirms that he/she got acquainted with the Terms and he/she agrees with them. Prior to transacting the order, the Buyer is additionally alerted to the Terms and has the chance to get acquainted with them. The concluded contract is archived on the side of Konsepti for the purpose of its successful execution and is not accessible to any third parties. Information about the individual technical steps to be taken in order to enter into an purchase contract is evident from the process of ordering goods in e-shop www.kartellshop.cz and the Buyer has the possibility to control the order and eventually fix it before sending. The Terms are accessible on the internet site www.kartellshop.cz and the Buyer has the possibility to archive and reproduce them. Notifications prior to concluding the contract Konsepti communicates that: a. It performed its duty towards the Consumer referred to in § 1811 Paragraph 2 Act no. 89/0212 Sb. of the Civil Code when it communicated to the Consumer prior to his concluding the contract: • its identity, or as the case may be telephone no., e-mail address or another contact information, • identification of the goods or another services and description of their properties, • the price of the goods or other services, its calculation including all taxes and fees, • the means of payment and means of delivery or performance, • delivery costs, or a statement of an additional charge in case it is not possible to set the delivery costs beforehand, • information about the rights in case of defective performance, the warranty rights and other conditions when exercising these rights, • information about the commitment period and conditions of commitment termination, in case the contract is to be concluded for unlimited time period, b. the costs of long-distance communication means do not differ from the basic fee (in case of internet or telephone connection according to the conditions of the Buyer´s operator). Konsepti does not charge any additional fees, except for possible contractual transportation, c. in case the Consumer as the Buyer should withdraw from the contract, he/she will bear the costs of returning the goods in case it cannot be returned by means of the usual postal services because of its nature, d. if service providing is the subject of the contract and the performance of this service has already started, the Consumer is obliged to pay the proportional price in case he/she withdraws from the contract. On the internet sites of e-shop www.kartellshop.cz Konsepti presents goods for sale, including the price of individual items. The prices of the goods are stated for the product without VAT, as well as including VAT. Prices of these goods and other mentioned conditions (e.g. information on costs related to packaging and delivery of goods within the Czech Republic) remain valid as long as they are displayed on the website of the online store, with the exception of the provision about a manifest error in writing, except in the case of depletion of stocks and except when the presented price of the goods was valid only for goods in stock. Purchase contract The presentation of goods placed by Konsepti on the website of e-shop www.kartellshop.cz is only of an informative nature and is not a proposal for delivery of goods. Konsepti is not obliged to conclude a purchase contract for the goods presented. Therefore, Section 1732 (2) of the Civil Code does not apply. To order the goods, the buyer fills in the order form at the website of the online store www.kartellshop.cz. The order form contains especially information about the ordered goods, the method of payment of the purchase price and information on the costs associated with the delivery of the goods (hereinafter referred to as the "Order"). Before submitting an Order to Konsepti, the Buyer is allowed to check and change the data entered into the Order by the Buyer, especially with regard to the Buyer's ability to detect and correct errors in entering data into the Order. The Buyer sends the Order to Konsepti by clicking the "Confirm Order" button. By submitting an Order, the Buyer confirms that he/she has read and agrees with these Terms. The Buyer is notified of these Terms sufficiently before the Order is executed and he/she has the opportunity to become acquainted with them. The information provided in the Order is considered to be correct by Konsepti. After receiving the Order, Konsepti confirms its delivery and recapitulation to the Buyer by e-mail to the specified e-mail address. Confirmation of the Order delivery is not an acceptance of the Order and no purchase contract is concluded with its delivery to the Buyer (hereinafter referred to as "the Confirmation of the Order delivery"). Konsepti is always entitled (usually depending on the nature of the order - quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional confirmation of the order. The purchase agreement between Konsepti and the Buyer is concluded by acceptance (confirmation) of the Order by Konsepti. The acceptance of the Order is sent by Konsepti to the Buyer via e-mail to e-mail address specified by the Buyer. The Confirmation of the Order delivery, which is automatically generated by the system after the order is sent - see above, is not considered an order acceptance. The purchase agreement is not concluded until the delivery of the e-mail from Konsepti to the Buyer which part is the document called “Order acceptance”. If, in a rare case, Konsepti does not deliver to the Buyer the document called “Order acceptance”, the purchase contract will also be concluded if Konsepti deliver to the Buyer the document called “Order Confirmation” which contents specific or closer term of delivery. Konsepti is not obliged to conclude the purchase agreement, not only when the Order is made for the sold-out goods or when the validity of the price offer is limited to goods in stock or when the Buyer is a person who has previously materially breached its obligations to Konsepti. In the event of a manifest error in the price of the goods (i.e., a price other than the usual price for this kind / type of goods), Konsepti will immediately contact the Buyer who made the Order in order to agree on further action. A manifest error in price is, for example, the mistake of stating the first three digits in place of four, apparently low price, and other obvious errors in writing. The buyer agrees to use the means of distance communication to conclude the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (ie in particular the cost of internet connection, the cost of telephone calls) are paid by the buyer himself. Payment terms Konsepti reserves the right to change the price. Valid prices are confirmed to the Buyer at the moment he/she receives the acceptance of his/her order. All prices are final, i.e. including VAT or any other taxes or fees which must be paid by the consumer in order to obtain the goods. Payment terms constitute cash payment upon the delivery of the subject of performance or the possibility to use other payment methods listed below. Konsepti is entitled to require an advance payment prior to the delivery and up to 100% value of the order. In case the advance payment is required, Konsepti issues “Advance payment – tax voucher”. The value of the advance payment is deducted on the tax voucher (invoice) upon the delivery of the goods. Possible payment methods: - online payment by card - payment by card at the branch - payment by bank transfer to the account at ČSOB: Account no. 700479913/0300 . payment in cash at the branch (applicable in case of the goods which are on stock and for Order which does not exceed 20 000 CZK incl. VAT) Installation and setup of the goods are not part of the purchase contract, unless the concrete offer stipulates otherwise. Along with the purchase contract, The Buyer is obliged to pay to the supplier also the expenses related to the goods delivery (shipping, manipulation and setup of the goods, or as the case may be the enforced storage expenses) in the agreed amount. Possible discounts from the price of goods provided by Konsepti to the Buyer cannot be combined. Condition for commencing the delivery period is the settlement of the advance payment incl. VAT, if the payment of the advance is requested by Konsepti, unless contracting parties agreed otherwise. The surcharge of the price is due latest by the delivery of the goods, unless contracting parties agreed otherwise. The goods become the property of the Buyer upon full reimbursement of the purchase price. Under the Sales Registration Act, the seller is required to provide the Buyer with a receipt and register the sale with the tax office online; in the case of technical difficulties, this may be done within 48 hours after the sale has been completed. The rights from the improper performance The rights and duties of contracting parties regarding the improper performance regulates relevant general binding laws (in particular Sections 1945 - 1925, 2099 – 2117 and 2161 – 2174 of Civil Code) and also the Complaints Policy of Konsepti, which the Buyer is fully acquainted with before the conclusion of purchase contract and which forms the annex of these Terms. The Consumer´s right to withdraw from contract The right to withdraw from contract concluded in e-shop is the Consumer´s right as referred to in the provisions of § 1829 and following of the Civil Code and can be exercised within fourteen (14) days from taking delivery. The Consumer is obliged to deliver the withdrawal from purchase contract to Konsepti within fourteen (14) days of taking delivery (in case that the subject of the contract are several types of goods/delivery of several parts the period commences on the day of the last delivery). If the purchase is within the frame of a business activity, the right to withdraw from contract cannot be exercised. If the Consumer wish to execute the right to withdraw from contract under the previous column, he/she shall contact Konsepti and announce (preferably in writing) that h/she withdraws from the contract, preferably together with stating the number of the Order, date of purchase and number of bank account for the purpose of returning money. Money is possible to return also in the business premises of Konsepti. The withdrawal from purchase contract Customer may send to address of the business premises of Konsepti or to the e-mail address kamila@kartellshop.cz. The Consumer notes that, as referred to in the provisions of § 1837 and following of the Civil Code, it is not possible, besides other things, to withdraw from contract which has been adjusted according to the Buyer´s wish, as well as contract on delivery of goods subject to fast wear and tear, or in case the Buyer damages the original packaging of the goods. In case of valid withdrawal from contract on the side of the Consumer, Konsepti is obliged to return the purchase price to the Consumer within fourteen (14) working days of the physical return of the goods, but no later than thirty (30) days from the reception of the withdrawal from purchase contract, by the same mean in which Konsepti received money from Customer, if the Customer does not determine otherwise. Konsepti is also entitled to return the purchase price in cash when returning the goods to the Consumer, if the Customer agrees. Konsepti is not obliged to return the purchase price to the Consumer unless he/she has returned the goods or proves that it has been sent off. The Consumer bears all the costs related to returning the goods. The Consumer notes that if the goods returned to Konsepti is damaged, worn or partially consumed, Konsepti has the right to ask for compensation of this damage. Konsepti is entitled to set this claim for damage against the Consumer´s claim for returning the purchase price. A common damage of the original packaging which was caused when unpacking the goods cannot be considered as the goods depreciation. Provisions of law regulating the right to withdraw from contract can not be interpreted as the possibility of free of charge rent of the goods. If withdrawing from the agreement, the Consumer is to return to Konsepti, in the period of 14 days after withdrawing from the agreement, everything he/she gained under the contract and i fit is not possible (e. g. Due to the fact in the meantime the goods were destroyed or consumed), the Consumer is obligated to replace monetary amount as a counter value of what cannot be returned. If the returned goods are only partially damaged, the seller is entitled to set this claim for damage against the Consumer´s claim for returning the purchase price. The seller is in such case obligated to prove the existence of damage. In the above mentioned case the seller shall return only reduced purchase price. The seller may set off the actual costs incurred due to returning the goods to the buyer against the purchase price to be returned to the buyer. Delivery The method of delivery is determined by Konsepti, unless stated otherwise in the purchase contract. In case the method of delivery is arranged at the request of the Buyer, he/she bears the risk and possible additional costs connected with this method of delivery. Unless stated otherwise, the price does not include the costs of shipping to the destination. Shipping constitutes a separate item of the offer and derives from the Complementary Services Pricelist which is published on the web sites of Konsepti www.kartellshop.cz . The discounts stated do not automatically apply to discounted goods. In case it is necessary due to the reasons on the side of the Buyer to deliver the goods repeatedly or by means of a method other than the one determined in the order, the Buyer is obliged to cover the costs related to this repeated delivery, or as the case may be another means of delivery. When taking delivery, the Buyer is obliged to verify that the goods packaging is undamaged; in case of any defect, forthwith report so to the carrier. Should the packaging be found damaged as a result of an unauthorized intrusion, the Buyer is not obliged to take delivery of such consignment. By signing the delivery note, the Buyer affirms that the consignment meets all conditions and requirements and any possible future claim to package damaging cannot be taken into consideration. Immediately upon the delivery, the Buyer is further obliged to inspect the condition of the consignment along with the carrier and refuse to take delivery of a consignment which is not in accordance with purchase contract by being incomplete or damaged etc. If the Buyer takes delivery of such consignment, it is necessary to describe the damage in the carrier´s handover protocol. It is necessary to forthwith report any incomplete or damaged consignment to the e-mail address kamila@kartellshop.cz, fill out the damage protocol along with the carrier and send it without undue delay by e-mail or by post to Konsepti. Additional claim for incompleteness or outer damage does not rid the Consumer of his/her right to enforce this claim; however, it gives Konsepti the chance to prove there is no contradiction with purchase contract. Goods assembly and manipulation Unless stated otherwise, the price does not include: - unloading the goods - standard carry-up of the goods - moving the goods - manipulation of the goods - goods assembly - refuse collection and disposal. Costs of the above-mentioned activities constitute a separate item of the offer and derive from Complementary Services Pricelist which is published on the web sites of Konsepti www.kartellshop.cz. Standard carry-up of the goods means manual carrying up the goods up to 100 kg of weight, maximum up to a 3rd Floor, or as the case may be without floor limitation if taken up by lift. Non-standard carry-up of the goods involves the use of a sky lift, crane etc., or carrying up the goods higher than a 3rd Floor. Such cases become the subject of a separate offer. Handling over the goods and involuntary storage The Buyer is obliged to inspect the goods prior to taking delivery and take down in the “delivery note” (handover protocol) any ascertained evident defects and other discrepancies. In case of minor defects which do not prevent usage of the goods, the Buyer is obliged to take the delivery. Hidden defects ascertained later are covered by the guarantee conditions. In case the delivery consists of goods from various manufacturers with various delivery times, the Buyer is obliged to take partial delivery, unless both parties agree otherwise (in writing). In case it is not possible to deliver the goods at the pre-arranged date and time due to objective reasons on the side of the Buyer, Konsepti will store the goods in its storeroom and the Buyer will be charged all costs in their actual amount, unless both parties agree otherwise beforehand (in writing). Konsepti is in such case entitled to request a fee for the expenses of storing and storage costs in the amount of 40,- Kč (forty Czech crowns) for 1m2/item/day of storing, and is further entitled to withdraw from purchase contract. Konsepti will offer free storage for the time period of max. 14 calendar days. If the delivered goods is stored in the place of performance and its installation is made impossible without the fault of Konsepti, the delivery is considered proper and the Buyer is obliged to check the quantity of the goods and take delivery – unless both parties agree otherwise beforehand. However, the right following from the complaints procedure is not affected thereby. The goods will not be hand over to the Buyer before the full reimbursement of the purchase price and the price for the activities which cohere with the delivery of goods (transport, goods assembly, etc.), unless the agreement of contracting parties or the offer stipulate otherwise. Delivery time Standard goods delivery time is 2-12 weeks depending on the type of goods and the manufacturer. Once the advanced payment including VAT in the agreed amount has been paid, the delivery time starts running, unless agreed otherwise by both contractual parties. The indicative term of the delivery time is always listed next to the individual item of the goods on the internet site www.kartellshop.cz . communicated to Buyer by the conclusion of purchase contract. Concrete week or closer delivery time is consequently (after the conclusion of purchase contract) communicated to Buyer usually in the document called “Order Confirmation”. Final provisions Konsepti is authorized for selling the goods upon the trade licence. The trade control performs in the scope of its competency the Trade Licencing Office. The supervision of personal data protection performs the Office For Personal Data Protection. Czech Trade Inspection Authority performs to a limited extent, among other activities, supervision of compliance the Act no. 634/1992 Sb., the Consumer Protection Act, as amended. These Terms are valid in the wording listed on the internet sites of Konsepti on the day of conclusion the purchase contract. Buyer´s order is after its acceptance archived by Konsepti as concluded contract for the purpose of its execution and further evidence and its current status is accessible to Buyer. Should any provision of the Terms be invalid or ineffective, or should it be rendered so, the invalid regulation is to be left behind to allow for a new regulation closest with its meaning to the invalid one. Invalidity or ineffectiveness of one regulation does not affect the validity of other regulations and provisions. Annex: Complaints Policy