Terms and Conditions

1. INTRODUCTORY PROVISIONS

These General Terms and Conditions („GTC“ or „Terms and Conditions“) govern the mutual rights and obligations between Kettex Development s.r.o., with its registered office at Na Pěšině 465/6, 182 00, Praha, Česká Republika ID: 03267016, VAT ID: CZ03267016  (hereinafter referred to as „Kettex“ or „Seller“) and the Customer in connection with the use of the Kettex E-shop, available at www.kettex.eu (hereinafter referred to as „e-shop“) and in particular in connection with the sale of products or the offer of products in such an e-shop.

The customer is a visitor to the website at www.kettex.eu (hereinafter referred to as "Customer").

The customer is a consumer or entrepreneur.

Consumer means any person who, outside the scope of his business or outside the framework of the independent pursuit of his profession, enters into a contract with an entrepreneur or otherwise negotiates with him.

Entrepreneur means a person who by himself performs, on his own account and responsibility a profitable activity in a trade or similar manner, with the intention to do so consistently for the purpose of making profit. If the Customer mentions his identification number in the order, he acknowledges that he is subject to the General Terms and Conditions for entrepreneurs.

These Terms and Conditions are published at www.kettex.eu and thus their archiving and reproduction by the Customer is enabled.

Rights and obligations between Kettex and the Customer are governed by the law of the Czech Republic, with the exception of conflict-of-law-rules. The application of the UN Convention on Contracts for the International Sale of Goods shall be excluded.

The purchase contract through the e-shop can be concluded in Czech and English.

The offer in the e-shop is valid until the stock is sold out.

 

2. CONCLUDING A PURCHASE AGREEMENT

2.1. All presentations of goods on the Store Web Interface are only informative. The Seller is not obliged to enter into any Purchase Agreement regarding these goods. Section 1732 (2) of the Civil Code does not apply. The order including a payment is the conclusion of a purchase agreement.

 

2.2. The Store Web Interface also contains information on the costs associated with the packing and shipment of the goods. The information on the costs associated with the packing and shipment of goods stated on the Store Web Interface only applies to goods that are to be delivered within the territory of the EU.

2.3. To order the goods, the Customer coming from nonEU country must contact the Seller to agree on packing & shipping expenses before the conclusion of a purchase agreement.  If the Customer does not contactact Seller, the Seller is authorized to charge the Customer according to shipping company standard pricelist and the Seller is obligated to pay it.

2.4. To order the goods, the Customer must fill out the Order Form on the Store Web Interface. The Order Form contains in particular information on the:
2.4.1. ordered goods (the Customer "puts" the goods into the electronic shopping cart on the Store Web Interface);
2.4.2. method of payment of the purchase price of the goods, and the method of shipment thereof; and the
2.4.3. costs associated with the shipment of the goods (hereinafter jointly referred to as the "Order").

2.5. Prior to sending the Order to the Seller, the Customer is given the option to check and change the information in the Order, namely with regards to the possibility of the Customer to identify and correct any mistakes made when entering data in the Order. The Customer sends the binding Order to the Seller by clicking the button "Checkout" and then continue by payment. The data stated in the Order are always deemed to be correct by the Seller. The Seller confirms receipt of the Order to the Customer by electronic mail to the Customer’s electronic address (hereinafter referred to as "Customer's Electronic Address"), as stated in the User Account or Order, immediately after receiving the Order and Payment.

2.6. The Seller is always entitled, based on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), to ask the Customer for subsequent confirmation of the Order (e.g. in writing or by telephone).

2.7. The contractual relationship between the Customer and the Seller is established upon delivery of the payment, which is sent by the Seller to the Customer by electronic mail to the Customer's Electronic Address.

2.8. The Customer consents to the use of remote means of communication when entering into a Purchase Agreement. The costs incurred by the Customer in relation to the use of remote means of communication in relation to entering into a Purchase Agreement (cost of internet connection, phone call costs) will be borne by the Customer, insofar as these costs do not differ from the basic rates.

2.9 The Seller has the right to refuse an order, especially in the following cases:

(a) the product can no longer be supplied or replaced by another model, or if its price has changed significantly and the Customer does not accept this before the actual creation of the purchase contract. The Seller informs the Customer about this fact;

(b) the product is shown at the e-hop with the wrong price, i.e. the price of the product is lower than normally offered and it is not a discount action.


2.10 Terms of delivery

The Seller usually delivers the products to the Customer within 5 weeks after conclusion of the purchase contract. Products which are marked “In Stock” are delivered within 10 working days (within EU). Outside the EU the Seller guarantee only the dates of shipping.

The place where the products are delivered is the delivery address indicated by the Customer in the order form.

The Seller delivers the products according to the choice of the Customer using the parcel delivery service like DHL, DPD, Fedex or Schenker.

(d) Payment terms
One of the payment methods can be chosen for payment:

(i) PayPal payment;

(ii) payment online by credit card;

The payment must be done “in advance”.


(e) Taking over the goods/products

The Customer is obliged to take over the products from the carrier properly, check the amount of the packages and, in the event of defects, notify the carrier about this fact immediately. In the case of take over from the carrier, the customer is obliged to check the integrity of the packaging. In case of finding a violation or damage, we recommend that the Customer should refuse the shipment in his own interest. By signing the delivery note/invoice without Customer´s reservation, the Customer confirms that the consignment met all the conditions and requirements mentioned above and a later complaint concerning the intactness/integrity of the consignment package will not be taken into account.

(ii) the Customer otherwise substantially violates his obligations under or in connection with the purchase contract.

(f) Withdrawal from the purchase contract by the Customer who is the consumer, without giving reasons

The Customer - consumer - has the right to withdraw from the contract without giving a reason no later than 14 days from the date he received the products. In order to comply with the withdrawal period, it is sufficient to send the withdrawal note before the relevant period expires.

The Customer - consumer - is obliged to deliver the withdrawal from the contract to the Seller by e-mail to info@kettex.eu or by a registered letter to Kettex Development s.r.o., Pod Vodárenskou věží 4, Praha 8, 182 00.

In the event of the withdrawal from the contract, the Customer - consumer - is obliged to send the products without undue delay - no later than 14 days from the date on which the withdrawal was taken.

The Customer – consumer - is obliged to return products to the Seller, which are undamaged, have no signs of use or wear, preferably in the original packaging. Returned goods, which are sent back by the Customer – consumer - with the condition Cash on delivery, will not be taken over by the Seller.

The Seller will return the payment after having received the returned goods only. All payments received by Seller from the Customer – consumer - will be refunded, excluding delivery costs – by Paypal refund procedure. The seller is entitled to deduct from the refunded amount a proportionate part of the purchase price corresponding to the decrease in value of the product.

The Customer pays the cost for returning the products.

The Customer - consumer - is not entitled to withdraw from the contract in the cases specified in the Civil Code, in particular he is not allowed to withdraw from the contract for the supply of products, which have been modified according to the customer´s - consumer´s  - wishes or for his person.

(g) Rights arising from a defective performance

If Kettex´s defective performance is infringing the purchase contract insignificantly only, the customer has the right to 1) have eliminated the defect or 2) a reasonable discount on the purchase price; if the defect of the product cannot be eliminated without undue delay, the customer may request the delivery of new products without defects, unless this is inappropriate due to the nature of the defect (for a component of the product only this component);

If the Seller does not correct the defect in a timely manner or refuses to correct the defect, the Customer may withdraw from the contract. The Customer cannot change the choice he made without the consent of Kettex.

If the Seller infringes the purchase contract substantially, the Customer has the right to:

(i) rectify the defect by supplying new products or supplying the missing one/s;

(ii) its/their  repair;

(iii) discount on the purchase price; or

(iv) withdrawal from the purchase contract,

and together with the notification of the defect or without undue delay, the Customer must then disclose what right he has chosen. He cannot change the choice without the Seller's consent.

(h) Settling of complaints

The customer is obliged to inspect the products immediately after delivery and inform the Seller of any defects detected without undue delay. If the Customer finds any apparent difference or discrepancy between the purchase contract or the data on the delivery note and the products actually delivered (for example, in type or quantity) or if he does not receive a properly completed invoice with the delivery, he is obliged to inform the Seller of this fact after having taken over the delivery without undue delay.

When claiming, the Customer is obliged to proceed as follows:

(i) in the case of a supply claim (e.g. difference in quantity between the products ordered and the amount delivered), the Customer may claim the supply at the Kettex office or using the info line +420 728 526 720 (operation time 24/7), e-mail:    info@kettex.eu

The complaint will be settled as soon as possible. In the case of a Customer as consumer, it will be settled no later than 30 days from the complaint date, unless the Seller agrees with the Customer otherwise. In the case of the Customer as entrepreneur, the complaint will be settled without undue delay.

3. INFORMATION OBLIGATION ON OUT-OF-COURT SETTLEMENT IN CASE OF CONSUMER DISPUTES

The entity for out-of-court consumer dispute resolution (ADR - Alternative Dispute Resolution) between the Customer, which is the consumer, and Kettex is the Czech Trade Inspection Authority. An application to initiate ADR proceedings can be submitted via the web form at https://www.coi.cz/informace-o-adr/, by classical mail or you can submit an application in person at the ADR contact point: Česká obchodní inspekce, Ústřední inspektorát - oddělení ADR, Štěpánská 15, 120 00 Praha 2, Email: adr@coi.cz.

4. PERSONAL DATA PROTECTION

Customer's personal data included in orders or is considered confidential information and is protected against misuse. Personal data will be processed by Kettex for the purpose of offering Kettex products and services, of detecting customer satisfaction, as well as for the purpose of disseminating commercial communications in line with Act No. 480/2004 Coll., on certain information society services, as amended, until his written disagreement with this processing will be issued. The customer has other rights specified in the European Data Protection Regulation number 2016/679. The provision of personal data by the Customer is voluntary. If the Customer does not wish to receive information about offers concerning business and services, he will communicate this fact to Kettex on the info line tel. +420 728 526 720 or by e-mail: info@kettex.eu.

5. WARRANTY

The Seller provides a twenty-four (24) month warranty for the Goods sold via the E-shop whereby the warranty period starts at the time the Goods are taken over by the Customer.

6. BINDING CHARACTER OF THE TERMS AND CONDITIONS

For the relationship between Kettex and the Customer, the wording of the Terms and Conditions, being effective at the date the order has been made by the Customer, is decisive.

These Terms and Conditions take effect 3.06.2021