Terms and Conditions

These general terms and conditions ("Terms and Conditions") govern the rights and obligations of you, as buyers and Us as sellers in the contractual relations concluded through the E-shop on the website www.kohoutek.shop.

All information about the processing of your personal data is contained in the Principles of Personal Data Processing, which can be found here: kohoutek.shop/podminky-ochrany-osobnich-udaju

As you know, we communicate primarily at a distance. Therefore, it also applies to our Agreement that means of distance communication are used, which allow us to reach an agreement without the simultaneous physical presence of Us and You.

If any part of the Terms contradicts what we have jointly agreed upon as part of your purchase process on our E-shop, this particular agreement will take precedence over the Terms.

I. Some definitions

  1. Price is the financial amount you will pay for the Goods.

  2. Shipping price is the financial amount you will pay for the delivery of the Goods, including the price for its packaging

  3. Total price is the sum of the Price and the Shipping Price.

  4. VAT is value added tax according to valid legal regulations.

  5. E-shop is an online store operated by Us at www.kohoutek.shop, where the purchase of the Goods will take place.

  6. Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price.

  7. We are the company Pohana s.r.o., with its registered office at Horní 22, Ústí nad Labem, ID number 09829610, registered in the Commercial Register under file no. C 47663 / KSUL, kept at the Regional Court in Ústí nad Labem, e-mail info@kohoutek.shop, telephone number + 420 777 782 888, referred to by law as the seller.

  8. Order is your irrevocable proposal to enter into an Agreement for the purchase of Goods with Us.

  9. Agreement is a purchase contract concluded on the basis of a duly completed Order sent via the E-shop, and is concluded when you receive an Order confirmation from Us

  10. User account is an account established on the basis of data provided by you, which enables the storage of entered data and the storage of the history of the ordered Goods and concluded Contracts.

  11. You are a person purchasing on our E-shop, referred to by law as the buyer.

  12. Goods is everything you can buy on the E-shop.

II. General provisions and instructions

  1. The purchase of the Goods is only possible via the web interface of the E-shop.

  2. When purchasing the Goods, it is your duty to provide us with all information correctly and truthfully. We will therefore consider the information you provided to us when ordering the Goods to be correct and true.

III. Closure

  1. The contract with Us can only be concluded in Czech and English.

  2. The contract is concluded remotely via the E-shop, while the costs of using means of distance communication are paid by you. However, these costs do not differ in any way from the basic rate you pay for the use of these funds (ie especially for Internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree that we use means of distance communication.

  3. In order to be able to conclude the Agreement, you need to create a draft Order on the E-shop. This proposal must include the following information:

    1. Information about the purchased Goods (on the E-shop you mark the Goods you are interested in purchasing with the "Add to cart" button).

    2. Information on the Price, the Price for transport, the method of payment of the Total Price and the required method of delivery of the Goods; this information will be entered within the creation of the draft Order within the user environment of the E-shop, while information about the Price, the Price for transport and the Total Price will be provided automatically on the basis of your chosen Goods and the method of its delivery.

    3. Our identification data used to deliver the Goods, in particular name, surname, delivery address, telephone number and e-mail address.

  4. During the creation of the Order proposal, he may change and check the data until its creation. After checking by pressing the "Submit order" button, you will create an order. However, before pressing the button, you must confirm your acquaintance and agreement with these Conditions, otherwise it will not be possible to create an Order. Use the check box to confirm and agree. After pressing the "Send order" button, all completed information will be sent directly to Us.

  5. We will confirm your Order as soon as possible after it is delivered to us by a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Conditions. By confirming the Order on our part, an Agreement is concluded between Us and you. The Conditions as amended as of the date of the Order form an integral part of the Agreement.

  6. There may also be cases where we will not be able to confirm your Order. These are mainly situations where the Goods are not available or cases where you order a larger number of Goods than is allowed by us. However, we will always provide you with information on the maximum number of Goods in advance within the E-shop and should therefore not be surprising to you. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In such a case, the Contract is concluded when you confirm our offer.

  7. In the event that a manifestly incorrect Price is stated in the E-shop or in the draft Order, we are not obliged to deliver the Goods to you for this Price even if you have received an order confirmation and the Contract has therefore been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, the New Agreement is concluded when you confirm our offer. In the event that you do not confirm our offer within 3 days of its sending, we are entitled to withdraw from the concluded Agreement. A obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or a digit is missing or remaining.

  8. In the event that the Contract is concluded, you are obliged to pay the Total Price.

  9. If you have set up a User Account, you can place an Order through it. Even in this case, however, you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that there is no need to fill in your identification data repeatedly.

  10. In some cases, we allow you to take advantage of a discount on the purchase of the Goods. In order to provide a discount, you must fill in the details of this discount in the pre-determined field within the Order proposal. If you do so, the Goods will be provided to you at a discount.

IV. User account

1. Based on your registration in the E-shop, you can access your User Account.

2. When registering a User Account, it is your responsibility to state all entered data correctly and truthfully and to update it in the event of a change.

3. Access to the User Account is secured by username and password. It is your responsibility to maintain confidentiality and not provide this information to anyone. In the event of their misuse, we accept no responsibility for it.

4. The user account is personal and you are therefore not authorized to allow its use by third parties.

5. We may cancel your User Account, especially if you have not used it for more than two years or if you breach your obligations under the Agreement.

6. The user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software.

V. Price and payment conditions, reservation of ownership

  1. The price is always stated in the E-shop, in the draft Order and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the draft Order, the Price stated in the draft Order shall apply, which will always be the same as the price in the Contract. The draft Order also states the Price for transport, or the conditions when the transport is free.

  2. The total price includes VAT, including all fees stipulated by law.

  3. We will demand payment of the Total Price from you after concluding the Contract and before handing over the Goods. You can pay the total price in the following ways:

    1. Bank transfer. We will send you the information for making the payment as part of the Order confirmation. In the case of payment by bank transfer, the Total Price is payable by the second day from the confirmation of the Order.

    2. Card online. In this case, payment is made through the Barion payment gateway, and the payment is governed by the terms and conditions of this payment gateway, which are available at: www.barion.com.

    3. Cash on delivery. In such a case, payment will be made upon delivery of the Goods against handing over of the Goods. In the case of payment by cash on delivery, the Total Price is payable upon receipt of the Goods.

    4. Cash in our store. The Goods can be paid for in cash when picking the Goods up at our store. In the case of payment in cash upon personal collection, the Total Price is payable upon receipt of the Goods.

  4. The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address. The invoice will also be available in the User Account.

  5. Ownership of the Goods passes to you only after you have paid the Total Price and taken over the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting our account, in other cases it is paid at the time of payment.

VI. Delivery of goods, transfer of the risk of damage to property

  1. The goods will be delivered to you in the manner of your choice, and you can choose from the following options:

    1. Personal collection at our store listed in the contacts on the website

    2. Personal collection at the company's pick-up points: Zásilkovna

    3. Delivery via transport companies: Zásilkovna or Our own delivery.

  2. The goods can only be delivered within the Czech Republic.

  3. Delivery time The goods always depend on their availability and on the chosen method of delivery and payment. The expected delivery time of the Goods will be communicated to you in the Order confirmation. The time stated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at the establishment, we will always inform you about the possibility of collecting the Goods via e-mail.

  4. After receiving the Goods from the carrier, it is your duty to check the integrity of the packaging of the Goods and in case of any defects to immediately notify the carrier and Us. In the event of a defect in the packaging, which indicates unauthorized handling and entry into the shipment, it is not your responsibility to take over the Goods from the carrier.

  5. In the event that you breach your obligation to take over the Goods, except in cases pursuant to Article 6.4 of the Conditions, this does not result in a breach of our obligation to deliver the Goods to you. At the same time, the fact that you do not accept the Goods is not a withdrawal from the Agreement between Us and you. In such a case, however, we have the right to withdraw from the Agreement due to your material breach of the Agreement. If we decide to exercise this right, the withdrawal is effective on the day we deliver this withdrawal. Withdrawal from the Contract does not affect the right to payment of the Price for transport, or the right to compensation for damage, if any.

  6. If, for reasons arising on your part, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, it is your obligation to reimburse Us for the costs associated with this repeated delivery. We will send payment details for the payment of these costs to your e-mail address specified in the Agreement and are due 14 days after delivery of the e-mail.

  7. The risk of damage to the Goods passes to you the moment you take it over. In the event that you do not take over the Goods, except in cases pursuant to Article 6.4 of the Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take it over, but for reasons on your part the takeover did not take place. The transfer of the risk of damage to the Goods means for you that from this moment you bear all the consequences associated with the loss, destruction, damage or any impairment of the Goods.

  8. In the event that the Goods were not listed in the E-shop as in stock and the approximate availability time was stated, we will always inform you in the case of:

    1. extraordinary outage of production of the Goods, and we will always inform you of the new expected time of availability or information that it will not be possible to deliver the Goods.

    2. delay in delivery of Goods from our supplier, while we will always inform you of the new expected delivery time.

  9. In the event that we are unable to deliver the Goods to you within 30 days of the expiration of the delivery time of the Goods specified in the Order confirmation, for any reason, We and you are entitled to withdraw from the Contract.

VII. Defective performance rights

  1. We guarantee that at the time of the transfer of the risk of damage to the Goods pursuant to Article 6.7 of the Conditions, the Goods are free of defects, in particular that:

    1. has the features that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected with regard to the nature of the Goods.

    2. is suitable for the purposes we have stated or for the purposes which are usual for Goods of this type.

    3. corresponds to the quality or design of the agreed sample, if the quality or design has been determined according to the sample.

    4. is in the appropriate quantity and weight.

    5. meets the legal requirements.

    6. is not encumbered by the rights of third parties.

  2. In the event that the Goods are defective, especially if any of the conditions under Article 7.1 are not met, you can notify us of such a defect and exercise the rights from defective performance (ie claim the Goods) by sending an e-mail or letter to our addresses listed at Our identification data. For complaints, you can also use the sample form provided by Our side, which forms Annex No. 1 to the Conditions. In exercising the right from defective performance, it is necessary to choose how you want to resolve the defect, and you may not subsequently change this choice, except in the cases pursuant to Article 7.3, without Our consent. We will handle the complaint in accordance with the right you have exercised from the defective performance. In the event that you do not choose the solution of the defect, you have the rights specified in Article 7.4 even in situations where the defective performance was a material breach of the Contract.

  3. If the defective performance is a material breach of the Agreement, you have the following rights:

    1. to eliminate the defect by delivery of new Goods without defects, or by delivery of the missing part of the Goods.

    2. to eliminate the defect by repairing the Goods.

    3. at a reasonable discount from the Price.

    4. to withdraw from the Agreement.

    If you choose a solution under points a) or b) and We do not eliminate the defect within the reasonable period we have stated, or we inform you that we will not eliminate the defect at all in this way, you have the rights under points c) and d), even if you originally not requested in the complaint. At the same time, if you choose to rectify the defect by repairing the Goods and we find that the defect is irreparable, we will notify you and you can choose another method of rectifying the defect.

  4. If the defective performance is a minor breach of the Contract, you have the following rights:

    1. to eliminate the defect by delivery of new Goods without defects, or by delivery of the missing part of the Goods.

    2. to eliminate the defect by repairing the Goods.

    3. at a reasonable discount from the Price.

  5. However, if we do not eliminate the defect in time or refuse to eliminate the defect, you have the right to withdraw from the Agreement. You may also withdraw if you are unable to use the Goods properly due to the recurrence of defects after the repair of the Goods or in the event of a large number of defects of the Goods.

    1. if the condition of the Goods has changed as a result of an inspection in order to detect a defect.

    2. if the Goods have been used before the defect is discovered.

    3. if the impossibility of returning the Goods in an unaltered state was not caused by your actions or your omissions.

    4. if, prior to the discovery of the defect, the Goods are sold, consumed or altered in normal use; however, if this has only occurred in part, it is your responsibility to return the portion of the Goods that is applicable and in such a case you will not be refunded the portion of the Prices corresponding to your benefit from the use of the portion of the Goods.

  6. Within three days of receiving the complaint, we will confirm to your e-mail address that we received the complaint, when we received it and the expected duration of the complaint. We will handle the complaint without undue delay, but no later than within 30 days of receiving it. The deadline can be extended by mutual agreement. If the period expires in vain, you can withdraw from the Agreement.

  7. We will inform you by e-mail about the settlement of the complaint. If the complaint is justified, you are entitled to reimbursement of expediently incurred costs. You are obliged to prove these costs, eg by receipts or receipts for the price of transport. In the event that the defect has been eliminated by delivery of new Goods, it is your duty to return the original Goods to Us, but we will bear the cost of such return.

  8. The exercise of rights arising from defective performance and claims for action is governed by the provisions of §1810 et seq., §1820 et seq. and §2099 et seq. Civil Code and the Consumer Protection Act.

  9. If you are a consumer, you have the right to exercise the rights arising from defective performance in the event of a defect that occurs in the consumer Goods within 24 months of receipt of the Goods.

  10. The provisions on the law of defects do not apply in the case of:

    1. Goods that are sold at a lower price, for a defect for which a lower price was agreed.

    2. Goods damage caused by their normal use.

    3. of the used Goods for a defect corresponding to the degree of use or wear and tear that the Goods had when you took it over.

    4. when it follows from the nature of the Goods.

VIII. Withdrawal from the contract

  1. Withdrawal from the Contract, ie the termination of the contractual relationship between Us and you from its beginning, may occur for the reasons and methods specified in this article, or in other provisions of the Conditions, in which the possibility of withdrawal is explicitly stated.

  2. If you are a consumer, ie a person purchasing the Goods outside the scope of your business, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods in accordance with the provisions of §1829 of the Civil Code. In the event that we have concluded a Contract, the subject of which is several types of Goods or the delivery of several parts of the Goods, this period begins to run only on the day of delivery of the last part of the Goods. You may withdraw from the Agreement in any provable manner (in particular by sending an e-mail or letter to our addresses listed under Our identification data). To withdraw, you can also use the sample form provided by Our side, which forms Annex No. 2 to the Conditions.

  3. However, even as a consumer, you may not withdraw from the Contract in cases where the subject of the Contract is:

    1. Goods whose price depends on fluctuations in the financial market independently of our will and may occur during the period for withdrawal from the Contract.

    2. Goods that have been modified according to your wishes or for your person.

    3. Goods that are perishable and Goods that have been irretrievably mixed with another after delivery.

    4. Goods in a sealed package that have been removed from the package and cannot be returned for hygienic reasons.

  4. The withdrawal period according to Article 8.2 of the Conditions is considered to be maintained if you send us a notice that you withdraw from the Agreement during the period.

  5. In the event of withdrawal from the Agreement, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected withdrawal from the Agreement. However, the amount will not be refunded until you return the Goods to Us or prove that it has been sent back to Us. Please return the goods to us clean, if possible including the original packaging.

  6. In the event of withdrawal from the Contract pursuant to Article 8.2 of the Conditions, you are obliged to send the Goods to Us within 14 days of withdrawal and you bear the costs associated with returning the goods to Us. On the other hand, you are entitled to a refund of the Price for transport, but only in the amount corresponding to the cheapest offered method of delivery of the Goods, which we offered for the delivery of the Goods. In the event of withdrawal due to the fact that We violate the concluded Contract, we also pay the costs associated with returning the goods to Us, but again only up to the price of transport corresponding to the cheapest offered method of delivery, which we offered when delivering the Goods.

  7. You are liable to us for damage in cases where the Goods will be damaged as a result of your handling of them in a way other than the need to handle them with regard to its nature and properties. In such a case, we will bill you for the damage caused after the Goods are returned to Us and the due amount is 14 days. In the event that we have not yet returned the Price to you, we are entitled to set off the receivable due to costs against your receivable for the refund of the Price.

  8. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you, if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiration of the period specified in Art. 6.9. Terms. We may also withdraw from the Agreement if it is clear that you have provided intentionally incorrect information in the Order. If you purchase goods within the scope of your business, ie as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

IX. Dispute resolution with consumers

  1. If you are a consumer, according to the Consumer Protection Act, you have the right to an out-of-court settlement of a consumer dispute arising from the Contract. In such a case, you are entitled to contact the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: adr @ coi.cz, web: adr.coi.cz. The out-of-court settlement of a consumer dispute is initiated exclusively at your request, in the event that the dispute has not been resolved directly with Us. The proposal can be filed with Us no later than 1 year from the date on which you exercised your right in dispute.

  2. You also have the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.

X. Final Terms

  1. If our and your legal relationship contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this agreement does not affect your legal rights.

  2. We will deliver all written correspondence to you by e-mail. Our e-mail address is listed next to our identification data. We will deliver correspondence to your e-mail address specified in the Agreement, in the User Account or through which you contacted us.

  3. In case of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, subcontractors' failures, etc.), we are not liable for damage caused by or in connection with force majeure, and if the force majeure lasts for more than 10 days, you and you have the right to withdraw from the Agreement.

  4. A sample form for complaints and a sample form for withdrawal from the Contract are attached to the Conditions.

  5. The Agreement, including the Conditions, is archived in electronic form at Us, but is not accessible to you. However, you will always receive these Terms and Conditions and the order confirmation with a summary of the Order by e-mail and you will therefore always have access to the Agreement even without our cooperation. We recommend that you always save the Order confirmation and Conditions.

  6. Our codes are not affected by any codes of conduct according to §1826 par. g) of the Civil Code.

  7. These Terms and Conditions shall take effect on 1 December 2021

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