Terms and conditions

1. BASIC PROVISIONS

1.1. These general terms and conditions (hereinafter referred to as the " Terms and Conditions ") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the " Civil Code ")

Trading company : Duong Vuong Anh (Kpopkramek.cz)
Identification number: 07547307

VAT number: CZ9906064223
Registered office: Valdštejnova 41 Cheb 350 02 Karlovy Vary Region

email: kpopkramek@email.cz

website: www.kpopkramek.cz

(hereinafter referred to as the " Seller ")

1.2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside of their business activities as a consumer or within their business activities (hereinafter referred to as: " buyer ") via a web interface located on the website available at the internet address www.kpopkramek.cz (hereinafter referred to as the " online store ").

1.3. The provisions of the terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.

1.4. These terms and conditions and the purchase contract are concluded in the Czech language.

ORDER AND CONCLUSION OF THE PURCHASE CONTRACT

1. The costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) are borne by the buyer himself. These costs do not differ from the basic rate.

2. The buyer places an order for goods in the following ways:

  • through their customer account, if they have previously registered in the online store,
  • by filling out the order form without registration.

3. When placing an order, the buyer selects the goods, the number of pieces of goods, the method of payment and delivery.

The outer packaging or box is only used to protect the goods and therefore it is not possible to provide compensation for damage to them.

4. Before sending the order, the buyer is allowed to check and change the data entered in the order. The buyer sends the order to the seller by clicking on the Send order button. The data specified in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that he has read these terms and conditions.

5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered to be the conclusion of the contract. The confirmation is attached to the current terms and conditions of the seller. The purchase contract is concluded only after the seller has accepted the order. Notification of acceptance of the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is considered to be the conclusion of the contract. The confirmation is attached to the confirmation. The purchase contract is concluded by the seller's confirmation of the order to the buyer's email address.

6. In the event that the Seller cannot meet any of the requirements specified in the order, the Seller will send the Buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case by the Buyer's confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives notification of the Seller's acceptance of the order. The Buyer may cancel the order by calling the Seller's phone number or email address specified in these Terms and Conditions.

8. In the event that there is an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.

PAYMENT TERMS AND DELIVERY OF GOODS

1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

  • by bank transfer to the seller's bank account:
    - CZ No. 6026795339/0800 , kept at Česká spořitelna
    - SK IBAN: CZ4108000000006026795339 BIC/SWIFT: GIBACZPX
  • cash on delivery upon delivery of goods
  • in cash upon personal collection at the Zásilkovna distribution point
  • Online payment gateway

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless otherwise expressly stated below, the purchase price also includes the costs associated with delivery of the goods.

3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the purchase contract.

4. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.

5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.

6. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before the goods are shipped is not an advance payment.

7. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure, no later than within 48 hours.

8. The goods are delivered to the buyer:

  • to the address specified by the buyer in the order
  • via the delivery office to the delivery office address specified by the buyer,

9. The choice of delivery method is made when ordering goods.

10. The costs of delivery of goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's order confirmation. In the event that the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

11. If the seller is obliged to deliver the goods to the place specified by the buyer in the order under the purchase contract, the buyer is obliged to take over the goods upon delivery. If, for reasons on the buyer's part, the goods must be delivered repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

12. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier. If the packaging is found to be damaged indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

13. The seller issues a tax document – ​​invoice to the buyer. The tax document is sent to the buyer’s email address or physically

14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but failed to do so in violation of the purchase contract.

WITHDRAWAL FROM THE CONTRACT

 A buyer who has concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.

1. The withdrawal period is 14 days.

  • from the date of receipt of the goods,
  • from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
  • from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.

2. The buyer cannot withdraw from the purchase contract, among other things:

  • provision of services, if they were performed with his prior express consent before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
  • on the supply of goods or services whose price depends on fluctuations in the financial market independent of the seller's will and which may occur during the withdrawal period,
  • on the delivery of alcoholic beverages, which can only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of the seller's will,
  • on the delivery of goods that have been customized according to the buyer's wishes or for his person,
  • the delivery of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery,
  • delivery of goods in a sealed package that the buyer has removed from the package and cannot be returned for hygiene reasons,
  • the delivery of a sound or video recording or a computer program, if their original packaging has been damaged,
  • delivery of newspapers, periodicals or magazines,
  • delivery of digital content, unless it was delivered on a tangible medium and was delivered with the buyer's prior express consent before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract,
  • in other cases specified in Section 1837 of the Civil Code.

3. To comply with the withdrawal period, the buyer must send the declaration of withdrawal within the withdrawal period.

4. To withdraw from the purchase contract, please contact us at the email address kpopkramek@email.cz

5. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of the withdrawal from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature.

6. If the buyer withdraws from the contract, the seller shall return to him without delay, but no later than within 14 days of withdrawal from the contract, all funds, including delivery costs, received from him, in the same way. The seller shall return to the buyer the funds received in another way only if the buyer agrees to this and if this does not incur additional costs.

7. If the buyer has chosen a method of delivery other than the cheapest method offered by the seller, the seller will refund the buyer the costs of delivering the goods in an amount corresponding to the cheapest method of delivery offered.

8. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.

9. The buyer must return the goods to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

10. The Seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of goods, or when the manufacturer, importer or supplier of goods has discontinued the production or import of goods. The Seller shall immediately inform the Buyer via the email address specified in the order and shall return all funds, including delivery costs, received from the Buyer under the contract within 14 days of the notification of withdrawal from the purchase contract, in the same manner or in the manner specified by the Buyer.

PROTECTION OF PERSONAL DATA

The Seller shall fulfil its information obligation towards the Buyer pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR Regulation" ) relating to the processing of the Buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating this contract and for the purposes of fulfilling the Seller's public law obligations by means of a special document.

FINAL PROVISION

1. All agreements between the seller and the buyer are subject to the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.

2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826, paragraph 1, letter e) of the Civil Code.

3. All rights to the Seller's website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or part thereof without the Seller's consent.

4. The Seller is not liable for errors resulting from third party interference with the online store or from its use contrary to its intended purpose. The Buyer may not use procedures when using the online store that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components constituting the online store without authorization and to use the online store or its parts or software in a manner that would be contrary to its intended purpose or purpose.

5. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

7. The Seller may amend or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.