These General Terms and Conditions (“Terms”) of KAVAVA EU, s.r.o., with its registered office at Novej sady 988/2, 602 00 Brno – Staré Brno, Company ID 17986567, VAT ID CZ17986567, registered in the Commercial Register under file number C 132157/KSBR at the Regional Court in Brno, email info@kavava.eu (“We” or “Seller”), govern, in accordance with § 1751(1) of Act No. 89/2012 Coll., the Civil Code (as amended) (“Civil Code”), the mutual rights and obligations between you, the buyer (“You”), and us, the seller, arising in connection with or on the basis of a purchase agreement (“Agreement”) concluded through the online store on https://www.kavava.eu.

All information on the processing of your personal data is provided in the Privacy Policy available at https://kavava.eu/privacy_policy/.

The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are drafted in Slovak. We may unilaterally amend or supplement these Terms. This provision does not affect the rights and obligations that arose under the previous version of the Terms.

As you know, we communicate primarily at a distance. Therefore, our Agreement also applies to the use of remote communication means that allow us to reach mutual agreement without your and our simultaneous physical presence, and the Agreement is concluded remotely via the e‑shop interface (“web interface of the E‑shop”).

If any part of the Terms conflicts with what was mutually agreed during your purchase process in our e‑shop, that specific agreement shall prevail over the Terms.


SOME DEFINITIONS

  • Price is the amount you pay for the goods;

  • Shipping cost is the amount you pay for delivery, including packaging;

  • Total price is the sum of the Price and Shipping cost;

  • VAT is value-added tax under applicable law;

  • Invoice is the tax document issued for the Total price in accordance with VAT law;

  • Order is your irrevocable offer to conclude a purchase Agreement with us;

  • User account is an account created based on your provided data that allows you to store submitted information and the history of ordered goods and concluded agreements;

  • You are the person purchasing in our e‑shop and legally designated as the buyer;

  • Goods means everything that can be purchased in the e‑shop.


GENERAL PROVISIONS AND INFORMATION

  • Goods can only be purchased through the e‑shop’s web interface.

  • In some cases we allow you to use a discount. To apply it, you must enter the discount information in the designated field in the Order form. If done, the goods will be provided at the discounted price.


USER ACCOUNT

  • You can access your user account after registering in the e‑shop.

  • Upon registration, you must provide accurate and truthful information and update it in case of any changes.

  • Access to the account is secured by a username and password.

  • You must keep your login credentials confidential and not share them with anyone.

  • We are not responsible for misuse if your credentials are compromised.

  • Your account is personal and non‑transferable to third parties.

  • We may terminate your account if unused for more than 2 years or if you breach your contractual obligations.

  • The account may not always be available, particularly during necessary hardware or software maintenance.


PRICE AND PAYMENT TERMS, RETENTION OF TITLE

  • The price is always displayed in the e‑shop, the Order form, and the Agreement.

  • In case of discrepancy between the e‑shop price and the price in the Order form, the latter applies as it matches the Agreement.

  • The Order form lists the shipping cost and any conditions for free shipping.

  • The Total price includes VAT and all statutory fees.

  • An invoice will be included with the goods and available in your user account.

  • Ownership of the goods transfers to you only after full payment of the Total price and acceptance of the goods. For bank transfers, it is considered paid when the amount is credited to our account; otherwise, at the time of payment.


DELIVERY AND TRANSFER OF RISK

  • Goods are delivered by your chosen method, including personal pickup at Zásilkovna or Uloženka branches, or delivery via PPL CZ and Zásilkovna courier services.

  • Delivery is possible only within the European Union.

  • Delivery time depends on availability, shipping method, and payment method.

  • Estimated delivery time is provided in the Order confirmation. The timeline in the e‑shop is indicative and may vary.

  • For personal pickup, we will notify you by email when the goods are ready.

  • Failure to collect the goods does not nullify our obligation to deliver, but may entitle us to terminate the Agreement due to your material breach. Termination is effective upon delivery of the termination notice. It does not waive any claim for shipping costs or damages.

  • We will send payment details for any storage charges by email, payable within 14 days of receiving the email.

  • Risk of damage or loss passes to you at the moment you could have taken delivery but failed to do so due to your fault. From that point, you bear all consequences of loss, destruction, or damage to the goods.


RIGHTS FOR DEFECTIVE PERFORMANCE

  • We guarantee that the goods are defect‑free at the time of risk transfer. You may notify us of a defect and exercise your warranty rights by email or letter, or using the attached sample form (Annex 1).

  • When exercising warranty rights, you must choose how you want the defect remedied. You cannot change this choice without our consent, except as allowed by warranty law.

  • If we do not remedy the defect within a reasonable period or if we inform you that we will not remedy it, you have rights under the law even if not initially requested. If you chose repair and we find it impossible, we will inform you so you can choose another remedy.

  • If we fail to remedy the defect in time or refuse, you have the right to terminate the Agreement. You may also terminate if the defect recurs after repair or if multiple defects occur.

  • Business buyers must report defects without undue delay, but no later than 3 days after receipt. Consumers have 24 months from receipt to exercise warranty rights for consumer goods. The provisions do not apply to: goods sold at a reduced price for a known defect; wear and tear from normal use; used goods with pre-existing wear; or goods whose nature requires such wear.


WITHDRAWAL FROM THE AGREEMENT

  • Withdrawal may occur for reasons and in ways provided in this article or other provisions of the Terms where foreign withdrawal is expressly stated. However, you cannot withdraw if the subject of the Agreement is:

    • Goods whose price depends on financial market fluctuations outside our control during the withdrawal period;

    • Goods customized at your request;

    • Goods subject to perishing or irreversibly mixed;

    • Goods in sealed packaging that have been opened and cannot be returned for hygienic reasons;

    • Delivery of digital content not supplied on a physical medium and supplied with your prior explicit consent before the expiry of the withdrawal period and after being informed about the loss of withdrawal rights.

  • Consumers may withdraw within 14 days without giving a reason, provided the goods were ordered via the e‑shop or other distance communication means, unless stated otherwise in § 1837 of the Civil Code. Withdrawal must be notified in writing by mail or email using the form in Annex 2.

  • The withdrawal period is met if you send your notice within it. Refunds are issued within 14 days of withdrawal to the original payment account or another account you provide. We may delay until we receive the returned goods or proof of return. Please return goods clean and, if possible, in original packaging.

  • Return shipping costs are borne by you, except when withdrawal is due to our breach, in which case we reimburse up to the lowest offered shipping cost.

  • You are liable for damage resulting from handling beyond necessary inspection of goods. We will invoice any damage, payable within 14 days. If we have not refunded the price yet, we may offset the damage claim against it.


CONSUMER DISPUTE RESOLUTION

  • We are not bound by any codes of conduct under § 1826(1)(e) of the Civil Code.

  • Consumer complaints are handled via email at info@kavava.eu. Confirmation will be sent to the buyer’s email.

  • Consumer disputes may be resolved out of court by the Czech Trade Inspection Authority (Štěpánská 567/15, 120 00 Prague 2, ID 000 20 869) or via the EU online dispute resolution platform at http://ec.europa.eu/consumers/odr.

  • The European Consumer Centre Czech Republic (same Prague address) is the contact point under EU Regulation No. 524/2013 on online dispute resolution.


FINAL PROVISIONS

  • If there is an international element (e.g., shipping outside the Czech Republic), Czech law applies. Consumer rights by law remain unaffected.

  • All written correspondence is by email to the address in the Agreement or your account, or from which you contacted us.

  • The Agreement can only be amended in writing. We may change these Terms, but changes do not affect existing Agreements. We will notify account holders or regular customers at least 14 days before changes take effect. If no objection is received, the new Terms apply to subsequent deliveries.

  • In case of force majeure (natural disaster, pandemic, operational or supplier disruptions, etc.), the notice period is 2 months. If force majeure lasts longer than 10 days, either party may withdraw. We are not liable for any damage due to force majeure.

  • Sample forms for complaints and withdrawal are attached as Annexes 1 and 2.

  • The Agreement and Terms are archived electronically but are not publicly accessible. You will always receive confirmation and Terms by email for your records.


These Terms take effect on 1 August 2024.

ANNEX 1 – Complaint Form
ANNEX 2 – Withdrawal Form