GENERAL TERMS AND CONDITIONS FOR E-SHOPS

These general terms and conditions (“Terms”) of KAVAVA EU, s.r.o., with registered office at Nová sady 988/2, 602 00 Brno – Staré Brno, ID number 17986567, registered in the commercial register under no. C 132157/KSBR held at the Regional Court in Brno, e-mail info@kavava.eu, (“We” or “Seller”) are regulated in accordance with the provisions of § 1751 par. 1 of Act No. 89/2012 Coll., Civil Code, as amended (“Civil Code”) mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or on the basis of a purchase contract (“Contract”) concluded through E -shop on the website https://www.kavava.eu.

All information about the processing of your personal data can be found in the Privacy Policy, which can be found here https://kavava.eu/privacy_policy/.

The provisions of these terms and conditions form an integral part of the contract. The contract and business conditions are drawn up in the English language. We can change or supplement the terms and conditions unilaterally. This provision does not affect the rights and obligations that arose during the validity of the previous version of the Terms.

As you know, we mainly communicate remotely. Therefore, our Agreement also applies to the use of means of communication at a distance, which allow us to reach a mutual agreement without the simultaneous physical presence of you and us, and the Agreement is thus concluded remotely in the E-shop environment, through the website interface (“E-shop web interface “).

If any part of the Terms is in conflict with what we have mutually agreed upon during the process of your purchase in our E-shop, this particular agreement takes precedence over the Terms.

  1. DEFINITIONS
    • Price is the amount you pay for the goods;
    • The shipping price is the amount you pay for the delivery of the Goods, including the cost of its packaging;
    • The total price is the sum of the Price and the Shipping Price;
    • VAT is a value added tax according to the applicable legal regulations;
    • An invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
    • The order is your irrevocable proposal to conclude a contract for the purchase of goods with us;
    • A user account is an account established on the basis of the data provided by you, which enables the storage of entered data and the storage of the history of ordered Goods and concluded contracts;
    • You are a person who purchases in our e-shop and is legally referred to as a buyer;
    • The product is everything you can buy in the e-shop.
  2. GENERAL PROVISIONS AND INSTRUCTIONS
    – The purchase of goods is possible only through the web interface of the E-shop.
    – In some cases, we will allow you to use a discount for the purchase of goods. In order for the discount to be granted, you must fill in the discount information in the predefined field within the order proposal. If you do so, the goods will be provided to you at a discount.

USER ACCOUNT

  • You have access to your user account based on your registration in the e-shop.
  • When registering a user account, it is your responsibility to provide correct and true information and to update it if it changes.
  • Access to the user account is secured by a username and password.
  • It is your responsibility to keep this access confidential and not to share this information with anyone.
  • We are not responsible for their misuse.
  • The user account is personal and you are not authorized to allow third parties to use it.
  • We may cancel your user account, especially if you do not use it for more than 2 years or if you violate your obligations under the Agreement.

The user account may not be available 24/7, especially for necessary hardware and software maintenance.

PRICE AND PAYMENT TERMS, RESERVATION OF TITLE

  • 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 indicated for the goods in the E-shop and the price indicated in the draft order, the price indicated in the draft order applies, which is always the same as the price in the Contract.
  • As part of the draft order, the price for shipping, or the conditions under which shipping is free, is also indicated.
  • The total price includes VAT, including all fees established by law.
  • The invoice will be physically attached to the goods and will be available in the user account.

Ownership of the goods will pass to you only after payment of the total price and receipt of the goods. In the case of payment by bank transfer, the total price is paid by crediting our account, otherwise it is paid at the time of payment.

DELIVERY OF GOODS, PASSING OF RISK OF DAMAGE TO GOODS

    • The goods will be delivered to you in the way you choose, and you can choose from the following options:
    • Personal pickup at Packeta stores; Delivery via PPL CZ and Packeta transport companies;
    • The goods can only be delivered within the European Union.
    • The delivery time of the goods always depends on its availability and the chosen method of delivery and payment.
    • The estimated time of delivery of the goods will be notified to you in the order confirmation.
    • The time indicated in the e-shop is only indicative and may differ from the actual delivery time.
    • In the case of personal collection at our premises, we will always inform you about the possibility of picking up the goods by e-mail.

In the event that you breach your obligation to take over the Goods, with the exception of the cases specified in Article 6.4 of the Terms and Conditions, this will not result in a breach of our obligation to deliver the goods to you. At the same time, your non-acceptance of the goods does not mean withdrawal from the Agreement between us and you. In such case, however, we have the right to withdraw from the contract due to your material breach of the contract. If we choose to exercise this right, the withdrawal is effective on the day we deliver the withdrawal to you. Withdrawal from the contract does not affect the possible claim to payment of the transport price or the possible claim to compensation for damages.

    • Payment details for these costs will be sent to the e-mail address specified in the contract and are due 14 days from the date of receipt of the e-mail.
    • Conditions, the risk of damage to the goods passes to you at the moment when you had the opportunity to take over the goods, but for reasons on your side the takeover did not take place. The passing of the risk of damage to the goods means that from that moment you bear all the consequences associated with the loss, destruction, damage or any deterioration of the goods.
  • RIGHTS FROM DEFECTIVE PERFORMANCE
    • We guarantee that at the time of passing the risk of damage to the goods, the goods are free of defects. You can notify us of such a defect and exercise your rights from defective performance (i.e. complain about the goods) by sending an e-mail or letter to our address indicated in our identification data. To submit a complaint, you can also use the sample form provided by us, which is attached as Appendix 1 to the terms and conditions. When you exercise your right of defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change that choice without our consent, except in accordance with the right of defective performance you have exercised.
  • If you decide to solve the defect according to the point a) or b) and we do not remove it within a reasonable period determined by us, or if we inform you that we will not remove the defect in this way at all, you have the rights according to points c) and d), even if you did not originally request them in the complaint. If at the same time you decide to remove the defect by repairing the goods and we find that the defect cannot be removed, we will notify you and you can choose another method of removing the defect.
  • However, if we do not remove the defect in time or if we refuse to remove the defect, you have the right to withdraw from the contract. You can also withdraw from the contract if you cannot use the goods properly due to repeated occurrence of defects after the goods have been repaired or if several defects occur on the goods.
  • If you are an entrepreneur, it is your duty to report and complain about the defect without undue delay after you have discovered it, but no later than three days after receiving the goods. If you are a consumer, you have the right to exercise rights from defective performance in the event of a defect that occurs on the Consumer Goods within 24 months of receipt of the goods. The provisions regarding the right to defect do not apply in the case of:
  • goods that are sold at a lower price due to a defect for which a lower price was agreed upon;
  • wear and tear of the Goods caused by their normal use;
  • used Goods due to a defect corresponding to the degree of use or wear and tear the Goods had upon receipt;
  • if the nature of the goods requires it.
  • WITHDRAWAL FROM CONTRACT
  • To withdraw from the contract, i. e. 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 Terms and Conditions, in which the possibility of withdrawal is explicitly stated. However, you cannot withdraw from the contract even as a consumer in cases where the subject of the contract concerns:
  • Goods whose price depends on fluctuations in the financial market beyond our control and which may occur during the withdrawal period; Goods that have been modified according to your wishes or for you; Goods that are perishable and Goods that have been irretrievably mixed with another after delivery; Goods in sealed packaging that have been removed from the packaging and cannot be returned for hygienic reasons; delivery of digital content, unless it was delivered on a physical medium and was not delivered with your prior express consent before the expiry of the withdrawal period and we have informed you that you do not have the right to withdraw from the contract.
  • If the buyer is a consumer, he has the right to withdraw from the already concluded purchase contract within 14 days from the day of receiving the goods without giving a reason and without any penalty, if he ordered the goods via the e-shop https://www.kavava.eu or by other means of remote communication , except for the cases specified in § 1837 of Act no. 89/2012 Z. z. Civil Code as amended. The buyer is obliged to notify the company of such withdrawal from the contract in writing to the company’s business address or electronically to the e-mail address specified in the sample form.
  • The deadline for withdrawing from the contract according to the Terms and Conditions is considered to have been met if you send us a notification that you are withdrawing from the contract during this period. credited, or to the account you selected for withdrawal from the contract. However, the amount will not be refunded until you return the goods to us or until you provide proof that the goods have been returned to us. Please return the goods to us clean, if possible including the original packaging. In case of withdrawal from the contract, you bear the costs of returning the goods to us. In the event of withdrawal from the contract due to breach of contract, we will also cover the costs of returning the goods, but only up to the amount of the transport fee in the amount corresponding to the cheapest method of delivery of the goods that we have offered. You are liable to us for damage in cases where damage occurs goods as a result of your handling the goods in a different way than is necessary considering its nature and characteristics. In such a case, we will issue you an invoice for the damage caused after the goods have been returned to us, while the invoiced amount is due within 14 days. If we have not yet returned the price to you, we are entitled to offset the claim for reimbursement of costs against your claim for the return of the price.
  • RESOLUTION OF CONSUMER DISPUTES
    • We are not bound by any codes of conduct in relation to buyers in the sense of § 1826 par. 1 lit. e) Civil Code. We handle consumer complaints via the email address info@kavava.eu. We will send information about the handling of the complaint to the buyer’s e-mail address. The Czech Trade Inspection is responsible for the out-of-court resolution of consumer disputes from the contract, with registered office at Štěpánská 567/15, 120 00 Prague 2, IČO: 000 20 869, internet address: http://www.coi.cz. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between a seller and a buyer who is a consumer from a sales contract concluded by electronic means.
    • The European Consumer Center Czech Republic, with registered office Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation of the European Parliament and Council (EU) no. 524/2013 z 21. of May 2013 on the resolution of consumer disputes online and on the amendment of Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
  • FINAL PROVISIONS
  • If our legal relationship with you contains an international element (for example, we will send goods outside the territory of the Czech Republic), this relationship is always governed by the law of the Czech Republic. However, if you are a consumer, your rights arising from the law are not affected by this contract. All written correspondence with you will be delivered by electronic mail. Our email address is listed next to our identification information. We will deliver correspondence to your email address specified in the contract, in your user account or through which you contacted us.
  • The contract can be amended only on the basis of our written consent. However, we are entitled to change these Terms and Conditions, but such a change will not affect any already concluded Contract, but only the Contract concluded after the change takes effect. However, we will only inform you of the change if you have created a user account (so that you have this information in case you order new goods, but the change does not create a right to terminate the contract as we do not have a contract that can be terminated) or if we are supposed to deliver goods to you regularly and repeatedly on the basis of the contract. We will send you information about the change to your email address at least 14 days before the change takes effect. If we do not receive notification from you within 14 days of sending information about the change, the new conditions will become part of our contract and will apply to the next delivery of goods after the change takes effect. In case of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, failures of subcontractors, etc.), the notice period is 2 months. We are not responsible for any damages caused as a result of or in connection with force majeure events, and if the force majeure situation lasts longer than 10 days, we and you have the right to withdraw from the contract. A sample complaint form and a sample withdrawal form are attached to the Terms and Conditions.
  • The contract, including the Terms and Conditions, is archived with us in electronic form, but it is not accessible to you. However, you will always receive these conditions and the order confirmation with the order summary by e-mail, so you will always have access to the contract without our help. We recommend that you always save your order confirmation and terms.
  • These conditions take effect on August 1, 2024.

APPENDIX NO. 1 – COMPLAINT FORM – Complaint form

APPENDIX NO. 2 – CONTRACT WITHDRAWAL FORM – Withdrawal from the contract