I. Basic assignation
1. These general terms and conditions (hereinafter referred to as “business conditions“) are issued in accordance with § 1751 et Seq., Act No. 89/2012 Coll., Civil Code (hereinafter the “Civil Code“).
MgA. Pavla Boháčová
based: Borská 38, Dalovice, 362 63, Czech Republic
enrolled in the trade register maintained by CH Carlsbad
phone: +420 728 119 206
2. These terms and conditions govern the mutual rights and obligations of the seller and a person who enters into a purchase contract outside his business as a consumer or within his business (hereinafter “buyer“) through a web interface located on a website available on the Internet address kutulu.cz (hereinafter referred to as the “online store“).
3. The provisions of the business conditions are an integral part of the purchase contract. Variant provisions in the purchase contract take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are made in Czech and English.
II. Information about goods and price
1. Information about the goods, including the prices of individual goods and their main properties are given for individual goods in the online store catalog. Prices of goods are listed including VAT. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.
2. Information about delivery costs is published in the online store.Any discounts on the purchase price of goods cannot be combined with each other, unless the seller agrees otherwise with the buyer.
III. Ordering and concluding a purchase contract
1. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls), shall be borne by the buyer himself.
2. The buyer orders the goods in the following ways:
• through an online store www.kutulu.cz
• to the e-mail specified in these terms and conditions
3. When placing an order, the buyer chooses the goods, the number of pieces of goods, the method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking on Complete order. The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and confirmation from the buyer that 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 considered to be the conclusion of the contract. The confirmation includes the current business conditions of the seller. The purchase contract is concluded by confirming the order by the seller to the email address of the buyer.
6. In case that any of the requirements specified in the order cannot be met by the seller, buyer will send the amended offer to the buyer’s email address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by the buyer’s confirmation of acceptance of this offer to the seller‘s email address specified in these terms and conditions.
7. All orders accepted by the seller are binding. The buyer can cancel the order by phone to the phone number or email of the seller specified in these terms and conditions.
8. In case that there is an obvious technical error on the part of the seller when stating the price of goods in the online store or during ordering, the seller is not obliged to deliver the goods to the buyer for this obviously incorrect price. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his email address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by a confirmation of acceptance by the buyer to the email address of the seller.
IV. Payment terms and delivery of goods
1. The price of the goods and delivery costs of goods under the purchase agreement, the buyer may pay in the following ways:
• cashless transfer to the bank account of the seller no. 115-1282100257/0100 in CZK or account no. 115-8862690267/0100 in EUR kept at Komerční banka, a.s.
• cashless transfer to the seller’s account via the GoPay online payment gateway
• cash on delivery when handing over the goods
• in cash or by credit card for personal collection in a store Lobster – Řezáčovo nám. 3, Prague 7, 170 00, Czech Republic
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of 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 5 days of concluding the purchase contract.
4. In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
5. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when 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 sending the goods is not a deposit.
7. The goods are delivered to the buyer:
• to the address specified by the buyer in the order
• personal collection in a store Lobster na adrese Řezáčovo nám. 3, Prague 7, 170 00, Czech Republic
8. The choice of delivery method is made during the ordering of goods.
9. The costs of delivery of goods depending on the method of dispatch and receipt of goods are specified in the buyer’s order and in the order confirmation by the seller. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this type of transport.
10. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with another method of delivery.
11. Upon receipt of the goods from the courier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the courier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the courier.
12. The seller issues a tax document – invoice to the buyer. The tax document is attached to the delivered goods.
13. The buyer attain 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 time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
V. Withdrawal from the contract
1. A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
2. The period for withdrawal from the contract is 14 days
• from the date of receipt of the goods,
• from the date of taking over the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
• from the day of taking over the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
3. Among other things, the buyer cannot withdraw from the purchase contract:
• on the delivery of goods that have been modified according to the wishes of the buyer
• in other cases specified in § 1837 of the Civil Code.
4. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
5. Withdrawal from the purchase contract will be sent by the buyer to the email or delivery address of the seller specified in these terms and conditions. The seller will immediately confirm to the buyer the receipt of the e-mail or written withdrawal from the contract.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer pays the costs associated with returning the goods to the seller.
7. 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, which he has received from buyer, in the same way. The seller will return the money received to the buyer in another way only if the buyer agrees and if byuer does not incur additional costs.
8. If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods.
10. The goods must be returned by the buyer to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price.
11. The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the supplier of the seller interrupts its production. The seller immediately informs the buyer via the email address specified in the order and returns within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from buyer under the contract, in the same way or in the manner specified by the buyer.
VI. COMPLAINTS PROCEDURE: Responsibility for defects, guarantee
1. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
• the goods have the characteristics agreed and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of advertising made by the seller
• the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
• the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
• the goods are in the appropriate quantity, measure or weight, and
• the goods comply with the requirements of legal regulations.
2. If the defect becomes apparent within six months of receipt of the goods by the buyer, the goods shall be deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to second-hand goods to a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or this due to the nature of the goods.
3. In the case of a defect, the buyer may submit a complaint to the seller and request:
• exchange for new goods,
• repair of goods,
• an adequate discount from the purchase price,
• withdraw from the contract.
4. The buyer has the right to withdraw from the contract,
• if the goods have a substantive defect,
• if the item cannot be used properly due to the recurrence of the defect or defects after repair,
• with a larger number of defects in the goods.
5. The buyer reports the complaint by e-mail to the e-mail address of the seller specified in these terms and conditions: firstname.lastname@example.org. When reporting, the buyer will attach a completed complaint form to the e-mail attachment, which is part of the order confirmation.
The seller is obliged to accept the complaint in the establishment in which the acceptance of the complaint is possible, or in the seat of business. The seller prefers to send the subject of the complaint to the company’s headquarters.
Establishment: Schnirchova 2, Prague 7, 170 00, Czech Republic
headquarters: Borská 38, Dalovice, 362 63, Czech Republic
The seller is obliged to contact the buyer regarding the course and subsequent settlement of the complaint by e-mail and issue a written confirmation of when the buyer exercised the right, what is the content of the complaint and what method of handling the buyer requires, as well as confirmation of the date and method of handling on the implementation of the repair and its duration, or a written justification for rejecting the complaint.
6. The seller or an employee intrusting by seller shall decide on the complaint immediately, in complex cases within three working days. Reclamation, including the elimination of defects, must be settled immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of claim is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.
7. The seller informs the buyer in writing (by e-mail) about the result of the reclamation.
8. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the goods have a defect, or if the buyer caused the defect themselves.
9. In the case of a justified reclamation, the buyer has the right to reimbursement of purposefully incurred costs in connection with the reclamation. The buyer can exercise this right from the seller within one month after the expiration of the guarantee period.
10. The buyer has the choice of the method of reclamation.
11. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
1. The Contracting Parties may communicate all written correspondence to each other by electronic mail.
2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in buyer‘s order.
VIII. Out-of-court dispute resolution
1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement.
2. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Online Consumer Dispute Resolution Regulation).
3. The seller is entitled to sell goods on the basis of a trade license. The trade license control is performed by the relevant trade licensing office within its competence. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.
IX. Final assignation
1. All agreements between the seller and the buyer are governed by the laws 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 consumer’s rights arising from generally binding legal regulations.
2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
3. All rights to the seller’s website, in particular the copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
4. The seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose.
5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
6. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
7. The wording of the terms and conditions may be changed or supplemented by the seller. This assignation does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
These terms and conditions take effect on October 30, 2020