KeshaKnit _design store
Represented by: Oleksandr Ivantsov
Company ID: 21887845
Registered office: Kašparova 478/4, 460 06 Liberec VI-Rochlice, Czech Republic
VAT ID: CZ9702231484
Registered in the Trade Register of the City of Liberec
For the sale of goods through the online store located at: keshaknit.com
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the company KeshaKnit, represented by Oleksandr Ivantsov, with its registered office at Kašparova 478/4, 460 06 Liberec VI-Rochlice, identification number: 21887845, registered in the Trade Register of the City of Liberec (hereinafter referred to as the "Seller"), govern in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on the website located at the internet address: keshaknit.com (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Web Interface of the Store").
1.2.
1.3. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting within their business activities or within their independent exercise of profession when ordering goods.
1.4. Provisions differing from the Terms and Conditions can be arranged in the Purchase Agreement. The differing provisions in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.
1.5. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drafted in the Czech language. The Purchase Agreement can be concluded in the Czech language.
1.6. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the Buyer's registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can place orders for goods (hereinafter referred to as the "User Account"). If the Web Interface of the Store allows it, the Buyer can also place orders for goods without registration directly through the Web Interface of the Store.
2.2. During registration on the Website and when ordering goods, the Buyer is required to provide accurate and truthful information. The Buyer is obligated to update the information provided in the User Account whenever there are any changes. The information provided by the Buyer in the User Account and during the ordering of goods is considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is required to maintain confidentiality regarding the information necessary to access their User Account.
2.4. The Buyer is not authorized to allow third parties to use their User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than one year or if the Buyer breaches their obligations under the Purchase Agreement (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to the necessary maintenance of the Seller's hardware and software equipment or the necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentations of goods displayed on the online store interface are for informational purposes only, and the seller is not obligated to conclude a purchase agreement regarding these goods. The provisions of Section 1732, Paragraph 2 of the Civil Code shall not apply.
3.2. The online store interface contains information about the goods, including the prices of individual items and the costs of returning the goods, should the nature of the goods make them unsuitable for standard postal return. Prices of goods are displayed including value-added tax and all related fees. Prices remain valid for as long as they are displayed on the online store interface. Prices are not personalized based on automated decision-making. This provision does not limit the seller's ability to conclude a purchase agreement under individually negotiated terms.
3.3. The online store interface also contains information about packaging and delivery costs, as well as the method and delivery time for the goods. Information about packaging and delivery costs displayed on the online store interface is valid only for deliveries within the Czech Republic. If the seller offers free shipping, the buyer is only entitled to free shipping if the total purchase price of the goods reaches the minimum amount specified on the online store interface. If the buyer partially withdraws from the purchase agreement, and the total purchase price of the goods not subject to withdrawal falls below the minimum amount required for free shipping, the buyer's right to free shipping ceases, and the buyer must cover the shipping costs.
3.4. To order goods, the buyer completes the order form on the online store interface. The order form includes the following information:
3.4.1. Details of the ordered goods (the buyer "adds" the selected goods to the online store's shopping cart);
3.4.2. Payment method for the goods, and the preferred delivery method for the ordered goods;
3.4.3. Information about the costs related to the delivery of the goods (collectively referred to as the "order").
3.5. Before submitting the order, the buyer can check and amend any data entered into the order, including the ability to detect and correct errors made during the order process. The buyer submits the order by clicking the "buy" button. The seller considers the information in the order to be accurate. Upon receiving the order, the seller promptly confirms receipt to the buyer via email to the email address provided in the user account or the order (hereinafter referred to as the "buyer's email address").
3.6. The seller reserves the right to request additional confirmation of the order, depending on its nature (e.g., quantity of goods, total price, or anticipated shipping costs), either in writing or by phone.
3.7. The contractual relationship between the seller and the buyer is established when the seller sends the buyer an acceptance of the order via email to the buyer’s email address.
3.8. The buyer agrees to the use of remote communication tools for concluding the purchase agreement. Any costs incurred by the buyer in connection with the use of remote communication tools (e.g., internet connection or phone charges) shall be borne by the buyer, and these costs do not differ from the standard rates.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The buyer can pay the price of the goods and any delivery costs as per the purchase agreement using the following methods:
- In cash upon delivery to the location specified by the buyer in the order;
- Cashless transfer to the seller's account No. 8158575003/5500, maintained by Raiffeisen Bank a.s. (hereinafter referred to as the "seller's account");
- Cashless payment via the Comgate payment system;
- Cashless payment by card;
- In cash or by card at a designated pickup location;
- Through a loan provided by a third party.
4.2. Together with the purchase price, the buyer is obligated to pay any agreed-upon packaging and delivery costs. Unless explicitly stated otherwise, the purchase price is understood to include delivery costs.
4.3. The seller does not require a deposit or similar advance payment from the buyer. This provision does not affect the obligation to pay for the goods in advance, as stipulated in Article 4.6 of these terms.
4.4. For cash payments or cash-on-delivery, the purchase price is due upon receipt of the goods. For cashless payments, the purchase price is due within 7 days of concluding the purchase agreement.
4.5. For cashless payments, the buyer must include the variable symbol of the payment. The buyer’s obligation to pay is fulfilled once the relevant amount is credited to the seller's account.
4.6. The seller is entitled to require full payment before dispatching the goods, especially if the buyer fails to provide additional confirmation of the order (as outlined in Article 3.6). Section 2119, Paragraph 1 of the Civil Code shall not apply.
4.7. Any discounts provided by the seller to the buyer cannot be combined.
4.8. If required by applicable laws or common business practices, the seller will issue a tax document (invoice) to the buyer regarding payments made under the purchase agreement. The seller is not a VAT payer. The invoice will be sent electronically to the buyer's email address.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that, under Section 1837 of the Civil Code, withdrawal from the purchase agreement is not possible in certain cases, including but not limited to agreements for the supply of:
5.2. Goods made to the buyer’s specifications or clearly personalized;
5.2.1. Goods that are perishable or have a short shelf life, or that cannot be returned due to their nature after delivery;
5.2.2. Sealed goods that cannot be returned for health or hygiene reasons once unsealed by the buyer;
5.2.3. Audio or video recordings or computer software if the seal has been broken by the buyer.
5.3. If none of the cases in Article 5.1 apply, the buyer has the right to withdraw from the purchase agreement in accordance with Section 1829, Paragraphs 1 and 2 of the Civil Code, within fourteen (14) days from the day the buyer, or a third party other than the carrier, takes possession of the goods, or:
5.3.1. The last piece of goods, if the buyer orders multiple items in a single order that are delivered separately;
5.3.2. The last item or part of a delivery if the order consists of several items or parts;
5.3.3. The first delivery of goods in the case of a contract for regular deliveries over a specified period.
5.4. To withdraw from the purchase agreement, the buyer must send a withdrawal notice to the seller within the specified time limit in Article 5.2. The buyer may use the sample withdrawal form provided by the seller, which is included in the terms and conditions. The withdrawal notice can be sent to the seller's business address or via email at kesha.knit@gmail.com.
5.5. Upon withdrawal from the purchase agreement, the contract is canceled from the outset. The buyer must return the goods to the seller without undue delay, but no later than fourteen (14) days after withdrawal from the contract. The deadline is met if the buyer sends the goods before it expires. The buyer bears the cost of returning the goods, even if the goods cannot be returned via standard postal means.
5.6. Upon withdrawal from the purchase agreement, the seller will return the funds received from the buyer within fourteen (14) days of receiving the withdrawal notice, using the same method of payment that was originally used by the buyer. The seller may withhold the refund until the goods are returned or until proof of return is provided by the buyer.
5.7. The seller is entitled to offset any claims for damage to the goods against the buyer’s refund.
5.8. The seller may also withdraw from the purchase agreement at any time before the goods are delivered to the buyer. In such a case, the seller will refund the purchase price without delay via a bank transfer.
5.9. If the buyer receives a gift together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that the gift agreement will be terminated if the buyer withdraws from the purchase agreement, and the buyer must return the gift along with the goods.
6. SHIPPING AND DELIVERY OF GOODS
6.1. If the method of transport is arranged at the buyer’s special request, the buyer assumes the risk and any additional costs associated with that method of delivery.
6.2. If the seller is obliged to deliver the goods to a location specified by the buyer in the order, the buyer must take delivery of the goods.
6.3. If delivery needs to be repeated or arranged differently due to the buyer’s fault, the buyer must cover the costs of repeated or alternative delivery.
6.4. Upon receiving the goods from the carrier, the buyer is obliged to check the condition of the packaging and promptly report any damage to the carrier. If the packaging is found to be breached, indicating unauthorized entry, the buyer is not required to accept the shipment. This does not affect the buyer’s rights regarding goods defects or other legal rights.
6.5. Additional rights and obligations related to the transport of goods may be governed by the seller’s special delivery conditions if issued.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. If the object of purchase is a tangible movable item that is connected to digital content or a digital content service in such a way that it could not function without them (hereinafter referred to as a "thing with digital properties"), the provisions regarding the seller's liability for defects also apply to the provision of digital content or a digital content service, even if provided by a third party. This does not apply if it is apparent from the purchase contract or the nature of the item that they are provided separately.
7.3. The seller is liable to the buyer that the item is free from defects upon receipt. In particular, the seller is liable to the buyer that the item:
7.3.1. corresponds to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed-upon properties,
7.3.2. is suitable for the purpose for which the buyer requires it and with which the seller agrees, and
7.3.3. is delivered with the agreed accessories and instructions for use, including assembly or installation instructions.
7.4. In addition to the agreed properties, the seller is also liable to the buyer that:
7.4.1. the item is suitable for the purpose for which items of this type are usually used, taking into account the rights of third parties, legal regulations, technical standards, or industry codes of conduct, in the absence of technical standards,
7.4.2. the item corresponds in quantity, quality, and other properties, including durability, functionality, compatibility, and safety, to the usual properties of items of the same type that the buyer can reasonably expect, considering public statements made by the seller or another person in the same contractual chain, especially in advertising or labeling, unless the seller proves that they were unaware of it or that it was modified by at least a comparable means at the time of the conclusion of the purchase contract, or that it could not have influenced the purchase decision,
7.4.3. the item is delivered with the accessories, including packaging, assembly instructions, and other usage instructions that the buyer can reasonably expect, and
7.4.4. the item corresponds in quality or workmanship to the sample or model that the seller provided to the buyer before the conclusion of the purchase contract.
7.5. The provisions of Article 7.4 of the Terms and Conditions do not apply if the seller specifically informed the buyer before the conclusion of the purchase contract that some property of the item differs, and the buyer expressly agreed to this when concluding the purchase contract.
7.6. The seller is also liable to the buyer for a defect caused by incorrect assembly or installation, which was carried out by the seller or at their responsibility according to the purchase contract. This also applies if the assembly or installation was performed by the buyer and the defect occurred due to a lack of instructions provided by the seller or the provider of the digital content or digital content service, in the case of a thing with digital properties.
7.7. If a defect manifests itself within one year of receipt, it is presumed that the item was defective at the time of receipt, unless the nature of the item or defect excludes this. This period does not run during the time when the buyer cannot use the item if the defect was rightfully claimed.
7.8. If the object of purchase is a thing with digital properties, the seller ensures that the agreed updates of digital content or a digital content service are provided to the buyer. In addition to the agreed updates, the seller ensures that updates necessary to maintain the properties of the item according to Articles 7.3 and 7.4 of the Terms and Conditions after receipt are provided to the buyer and that the buyer is notified of their availability.
7.8.1. for a period of two years, if the digital content or digital content service is to be provided continuously for a certain period under the purchase contract, and if the provision is agreed for a period longer than two years, for the entire period,
7.8.2. for a period during which the buyer can reasonably expect, if the digital content or digital content service is to be provided on a one-time basis under the purchase contract; this is assessed based on the type and purpose of the item, the nature of the digital content or service, and the circumstances of the conclusion of the purchase contract and the nature of the obligation.
7.9. The provisions of Article 7.8 of the Terms and Conditions do not apply if the seller specifically informed the buyer before the conclusion of the purchase contract that updates would not be provided and the buyer expressly agreed to this when concluding the purchase contract.
7.10. If the buyer did not perform the update within a reasonable time, they do not have rights from the defect that arose solely as a result of the unperformed update. This does not apply if the buyer was not notified of the update or the consequences of not performing it, or if they did not perform the update or performed it incorrectly due to a lack of instructions. If the digital content or digital content service is to be provided continuously for a certain period under the purchase contract and a defect occurs during the periods under Articles 7.8.1 and 7.8.2 of the Terms and Conditions, it is assumed that the digital content or digital content service is provided defectively.
7.11. The buyer may claim a defect that appears on the item within two years of receipt. If the object of purchase is a thing with digital properties and the digital content or digital content service is to be provided continuously for a certain period under the purchase contract, the buyer may claim a defect that appears within two years of receipt. If the provision is for a period longer than two years, the buyer has the right to claim a defect that appears within that period. If the buyer rightfully claims a defect from the seller, the period for claiming a defect does not run during the time when the buyer cannot use the item.
7.12. If the item has a defect, the buyer may request its removal. At their discretion, they may request the delivery of a new item without defects or the repair of the item, unless the chosen method of defect removal is impossible or disproportionately expensive compared to the other; this is assessed primarily based on the significance of the defect, the value the item would have without the defect, and whether the defect can be removed by the other method without significant inconvenience to the buyer. The seller may refuse to remove the defect if it is impossible or disproportionately expensive, especially considering the significance of the defect and the value the item would have without the defect.
7.13. The seller shall remove the defect within a reasonable time after it is claimed so as not to cause significant inconvenience to the buyer, taking into account the nature of the item and the purpose for which the buyer purchased the item. The seller shall take the item for defect removal at their own expense. If disassembly of the item is required, which was performed in accordance with the nature and purpose of the item before the defect appeared, the seller shall disassemble the defective item and assemble the repaired or new item, or reimburse the associated costs.
7.14. The buyer may request a reasonable discount or withdraw from the purchase contract if:
7.14.1. the seller refused to remove the defect or did not remove it in accordance with Article 7.13 of the Terms and Conditions,
7.14.2. the defect appears repeatedly,
7.14.3. the defect constitutes a substantial breach of the purchase contract, or
7.14.4. it is clear from the seller's statement or the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the buyer.
7.15. If the defect of the item is insignificant, the buyer cannot withdraw from the purchase contract (within the meaning of Article 7.14 of the Terms and Conditions); it is presumed that the defect is not insignificant. If the buyer withdraws from the purchase contract, the seller shall return the purchase price to the buyer without undue delay after receiving the item or after the buyer proves that the item has been sent back.
7.16. A defect may be claimed from the seller from whom the item was purchased. However, if another person is designated for repair, who is in the seller's location or closer to the buyer, the buyer shall claim the defect from the person designated for repair.
7.17. Except in cases where another person is designated for repair, the seller is obliged to accept the complaint at any establishment where the complaint can be accepted with regard to the range of goods sold or services provided, or at the seller's registered office. The seller is obliged to issue the buyer a written confirmation when making a complaint, indicating the date when the buyer made the complaint, its content, the method of resolving the complaint requested by the buyer, and the buyer's contact details for the purpose of providing information on the resolution of the complaint. This obligation also applies to other persons designated to carry out repairs.
7.18. The complaint, including the removal of the defect, must be resolved, and the buyer must be informed of this no later than thirty (30) days from the date the complaint was made, unless the seller and the buyer agree on a longer period. If the obligation involves the provision of digital content, including digital content delivered on a tangible medium, or a digital content service, the complaint must be resolved within a reasonable time, considering the nature of the digital content or service and the purpose for which
7.19. The expiry of the period under Article 7.18 of the Terms and Conditions, or the refusal of the defect by the seller or the person designated for repair, does not preclude the buyer from seeking judicial protection or proposing another form of alternative dispute resolution.
7.20. When the buyer claims a defect, they shall inform the seller of their choice of the method of removing the defect, or state that they are requesting a reasonable discount or withdrawing from the purchase contract, without undue delay after the defect is claimed.
7.21. The buyer may exercise their rights regarding product defects specifically by phone at 731203260 or via email at kesha.knit@gmail.com.
7.22. A person entitled to rights from defective performance is also entitled to reimbursement of the costs reasonably incurred in exercising such rights. However, if the buyer does not exercise the right to reimbursement within one month after the expiration of the period for raising a defect claim, the court will not grant the right if the seller objects that the right to reimbursement was not exercised in time.
7.23. Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint policy.
7.24. The seller or another person may provide the buyer with a quality guarantee beyond their statutory rights related to defective performance.
8. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods upon payment of the full purchase price.
8.2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1820(1)(n) of the Civil Code.
8.3. The seller handles consumer complaints via email. Complaints can be sent to the seller's email address. The seller will send information regarding the resolution of the buyer's complaint to the buyer's email address. No other rules for handling complaints are set by the seller.
8.4. The Czech Trade Inspection Authority, headquartered at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform, which is available at http://ec.europa.eu/consumers/odr, can be used for resolving disputes between the seller and the buyer from the purchase contract.
8.5. The European Consumer Centre Czech Republic, headquartered at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and Council 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 Online Dispute Resolution for Consumer Disputes).
8.6. The buyer may file a complaint with the supervisory authority or state supervisory body. The seller is authorized to sell goods based on a trade license. Trade inspections are carried out by the relevant trade office within its scope. The Office for Personal Data Protection oversees personal data protection. The Czech Trade Inspection Authority supervises compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended, within its defined scope.
8.7. The buyer assumes the risk of changes in circumstances in accordance with § 1765(2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The seller fulfills its information obligation towards the buyer under Article 13 of Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR) related to the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, negotiating the purchase contract, and fulfilling the seller's legal obligations, through a separate document.
10. COMMERCIAL COMMUNICATIONS AND COOKIE STORAGE
10.1. The buyer agrees, pursuant to § 7(2) of Act No. 480/2004 Coll., on certain information society services and amending certain laws (Act on Certain Information Society Services), as amended, to receive commercial communications from the seller via email or telephone. The seller fulfills its information obligation towards the buyer under Article 13 of GDPR regarding the processing of the buyer's personal data for the purpose of sending commercial communications through a separate document.
10.2. The seller fulfills its legal obligations related to the possible storage of cookies on the buyer's device through a separate document.
11. DELIVERY
11.1. The buyer may be contacted via email.
12. FINAL PROVISIONS
12.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship will be governed by Czech law. The choice of law under the previous sentence does not deprive the buyer, who is a consumer, of the protection afforded by the provisions of the law that cannot be contractually excluded, and which would otherwise apply in the absence of a choice of law, in accordance with Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid one. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. An attachment to the terms and conditions is the sample form for withdrawal from the purchase contract.
Seller's contact information:
Registered office address: Kašparova 478/4, 460 06 Liberec VI-Rochlice, Czech Republic
Email: kesha.knit@gmail.com
Phone: 731203260
The seller does not provide other means of online communication.
In Liberec, on 31.08.2024