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Terms and Conditions

Seller:
Wood Kingdom s.r.o.
Muchomůrková 289/13, 104 00 Pitkovice
No.: 078 59 562
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 308856
E-mail. info@woodkingdom.cz

1.1. These terms and conditions (the "Terms and Conditions") of the legal entity Wood Kingdom Ltd, with its registered office at Jindřicha Bubeníčka 1597/3, 104 00 Praha 10 -Uhříněves, identification number: 078 59 562, operator of the online shop www.woodkingdom.cz,(hereinafter referred to as the "Seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on the website located at the internet address www.woodkingdom.cz (hereinafter referred to as the "Website"), through the interface of the website www.woodkingdom.cz (hereinafter referred to as the "web interface of the shop").

1.2. The Terms and Conditions do not apply if the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his business or in the course of his independent practice of his profession.

1.3. Deviating provisions in the Purchase Contract shall prevail over the provisions of the Terms and Conditions.

1.4 The provisions of the Terms and Conditions shall form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.

1.5. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

2. GENERAL PROVISIONS AND CONDITIONS

2.1. Purchase of the Goods is only possible through the E-shop interface.

2.2. When purchasing the Goods, it is Your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us in the Order to be correct and truthful.

2.3 We also provide access to reviews of the Goods made by other consumers on Our E-Shop. We ensure and control the authenticity of such reviews by linking the reviews to specific Orders, so we can see the linked Order ID for each review in our internal system and are able to verify and prove that the review is from a real consumer.

3. CONTRACT CONCLUSION

3.1. The contract with Us can be concluded in Czech, Slovak and English languages.

3.2. The contract is concluded remotely via the E-shop.

3.3. In order for Us to conclude the Contract, You need to create an Order on the E-shop. This proposal must include the following information:

3.3.a.1. Information about the Goods you are purchasing (on the E-shop you mark the Goods you are interested in purchasing with the "Add to Cart" button);

3.3.a.2Information about the Price, Shipping Charge, Total Price payment method and the desired delivery method of the Goods; this information will be entered as part of the creation of the Order within the E-shop user interface, and the Price, Shipping Charge and Total Price information will be provided automatically based on the Goods, delivery and payment method you have selected;

3.3.a.3. Your identification and contact details used to enable us to deliver the Goods, including but not limited to your first name, last name, delivery address, telephone number and email address.

3.4. You may change and check the details during the creation of the Order until it is completed. After checking by pressing the "Order with payment obligation" button, the Order will be completed. However, before pressing the button, you must confirm that you have read and agreed to these Terms and Conditions, otherwise you will not be able to complete the Order. The check box is used to confirm and agree. After pressing the "Order with payment obligation" button, all completed information will be sent directly to Us.

3.5. The confirmation will include a summary of the Order and these Terms and Conditions as an attachment to the email message. The Terms and Conditions as in force on the date of the Order, i.e. as attached as an attachment to the confirmation email, form an integral part of the Contract. Confirmation of the Order constitutes the conclusion of the Contract between Us and You.

3.6 In the event that a manifestly incorrect Price is quoted within the E-shop or in the Order, We shall not be obliged to supply the Goods to You at that Price even if You have received confirmation of the Order and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to enter into a new Contract in an amended form compared to the Order. In such a case, the new Contract will be concluded at the moment You confirm Our offer. An 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 retailers or a missing or missing digit.

3.7. In the event that the Contract is concluded, You are obliged to pay the Total Price.

3.8. However, even in this case, you are obliged to check the accuracy, 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 it is not necessary to fill in your identification data repeatedly.

3.9. In order for the discount to be granted, you must fill in the details of this discount in the pre-designated field within the Order proposal. If you do so, the Goods will be provided to you at a discount.

4. USER ACCOUNT

4.1. Based on your registration in the E-shop, you can access your User account.

4.2. When registering for a User Account, it is your responsibility to provide all the details you enter correctly and truthfully and to update them if they change.

4.3 Access to the User Account is secured by a username and password. It is Your responsibility to maintain confidentiality regarding these access details and not to provide these details to anyone. In the event that they are misused, we shall not be liable for this.

4.4. The User Account is personal and you are therefore not entitled to allow third parties to use it.

4.5. We may cancel your User Account, in particular if you no longer use it or if you breach your obligations under the Agreement.

4.6. The User Account may not be available continuously, in particular with regard to necessary maintenance of hardware and software.

5. PRICING AND PAYMENT TERMS, RELEASE OF PROPERTY RIGHTS

5.1. In the event of a discrepancy between the Price stated for the Goods within the E-Shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply and shall always be the same as the Price in the Contract. Within the Order proposal, the Price for shipping is also indicated, or the conditions under which shipping is free of charge.

5.2 The total Price is quoted inclusive of VAT including any charges provided for by law.

5.3 Payment of the Total Price may be made by the following methods:

5.3.a.1. Bank Transfer. We will send you information for making payment as part of your Order confirmation. In case of payment by bank transfer.

5.3.a.2. In this case, payment is made through a payment gateway and payment is subject to the terms and conditions of that payment gateway, which are available at https://www.comgate.cz/. ;

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

5.4. An invoice will be issued electronically upon payment of the Total Price and will be sent to your email address. The invoice will also be available in your User Account.

5.5 Title to the Goods will only pass to you once you have paid the Total Price and accepted the Goods. In the case of payment by bank transfer, the Total Price is paid by credit to Our account, otherwise it is paid at the time of payment.

6. DELIVERY OF GOODS, TRANSFER OF DAMAGE TO GOODS

6.1.2. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Terms is indicative only and may differ from the actual delivery time. In the case of personal collection at our premises, we will always inform you of the possibility of collecting the Goods by e-mail.

6.3. Upon receipt of the Goods from the carrier, it is Your responsibility to check the integrity of the packaging of the Goods and in the event of any defects, to notify the carrier and Us immediately. In the event that there is any defect in the packaging which is indicative of tampering and entry into the shipment, it is not Your responsibility to accept the Goods from the Carrier.

6.4 If You breach Your obligation to accept the Goods, except in accordance with clause 6.4 of the Conditions, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, Your failure to accept the Goods shall not constitute a repudiation of the Contract between Us and You. However, in such a case We shall have the right to withdraw from the Contract on the grounds of Your material breach of the Contract or to store the Goods, for which We shall be entitled to payment from You. If We decide to withdraw from the Contract, the withdrawal shall be effective on the date We deliver the withdrawal to You. Withdrawal from the Contract shall not affect any claim for payment of the Delivery Charge or for damages, if any.

6.5 If, for reasons attributable to You, the Goods are redelivered or delivered in a different manner than agreed in the Contract, it is Your obligation to reimburse Us for the costs of such redelivery. We will send You payment details for payment of these costs to Your email address set out in the Contract.

6.6. In the event that you do not take delivery of the Goods, except in accordance with clause 6.4 of the Conditions, the risk of damage to the Goods shall pass to you at the time when you had the opportunity to take delivery of the Goods but for reasons beyond your control did not take delivery. The transfer of the risk of damage to the Goods means that from that moment you bear all consequences related to the loss, destruction, damage or any deterioration of the Goods.

7. RIGHTS OF DEFECT

7.1 We warrant that at the time the risk of damage to the Goods passes under clause 6.7 of the Conditions the Goods are free from defects, in particular that the Goods:

7.1.a.1. conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;

7.1.a.2. is fit for the purpose for which you require it and to which we agree;

7.1.a.3. is supplied with the agreed accessories

7.1.a.4.. is fit for the purpose for which Goods of that kind are normally used;

7.1.a.5. it is equivalent in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of Goods of the same kind that you might reasonably expect, including in the light of public statements made by us or by any other person in the same contractual chain, in particular advertising or labelling;

7.1.a.6.. corresponds in quality or workmanship to the sample or specimen provided to you prior to the conclusion of the contract.

7.2. The rights and obligations regarding the rights of defective performance are governed by the applicable generally binding legal provisions (in particular the provisions of Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll, In the event that the Goods are defective, i.e. in particular if any of the conditions pursuant to Article 7.1 are not met, you may notify Us of such defect and exercise the rights of defective performance (i.e. claim the Goods) by sending an e-mail or letter to Our addresses indicated in Our identification data. You may also use the sample form to make a claim. In exercising the right of defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice without Our consent. We will settle the claim in accordance with the defective performance right you have exercised.

7.4 If the Goods are defective, you have the following rights:

7.5. to have the defect remedied by the supply of new Goods without the defect or by the supply of the missing part of the Goods

7.6. to have the defect remedied by repairing the Goods,

7.7. unless the chosen method of remedying the defect is impossible or disproportionately expensive compared to the other method, which will be assessed having regard in particular to the significance of the defect, the value that the Goods would have without the defect and whether the defect can be remedied by the other method without significant inconvenience to you.

7.8 We may refuse to remedy a defect if it is impossible or unreasonably costly to do so, having regard in particular to the significance of the defect and the value the Goods would have had without the defect.

7.9. You are also entitled to a reasonable discount on the Price or to withdraw from the Contract if we refuse to remedy the defect or fail to remedy it in accordance with the law; the defect is repeated; the defect is a material breach of the Contract; or it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.

7.10. The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.

7.11. If you have caused the defect in the Goods yourself, you do not have any rights under the defective performance.

7.12. A defect in the Goods is not wear and tear caused by normal use of the Goods or, in the case of second-hand Goods, wear and tear corresponding to the extent of their previous use.

7.13. When we make a claim, we will issue you with a written confirmation stating:

7.13.a.1. the date on which you made the claim;

7.13.a.2. what is the subject of the claim;

7.13.a.3. what method of handling the claim you require;

7.13.a.4. your contact details for the purpose of providing information about the handling of the claim.

7.14. Unless we agree a longer period, we will rectify the defects within 30 days of receipt of the complaint and provide you with information about the handling of the complaint to the contact details provided. If this period expires in vain, you may withdraw from the Contract or claim a reasonable discount.

7.15. We will inform you by email of the resolution of the claim and issue you with a confirmation of the date and manner of resolution of the claim. If the complaint is justified, you will be entitled to a refund of reasonable costs. You are obliged to provide proof of these costs, e.g. receipts or shipping receipts. In the event that the defect has been rectified by delivery of new Goods, it is Your obligation to return the original Goods to Us, but the cost of such return shall be borne by Us.

7.16. If you are an entrepreneur, it is your duty to report and complain about the defect without undue delay after you have been able to discover it, but no later than three days after receiving the Goods.

7.17. If you are a consumer, you have the right to exercise your rights under the defective performance for a defect that occurs in consumer Goods within 24 months of receipt of the Goods.

8. WITHDRAWAL FROM THE CONTRACT

8.1. Withdrawal from the Contract, i.e. the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the ways set out in this clause or in other provisions of the Conditions in which the possibility of withdrawal is expressly stated.

8.2. The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a contract for the supply of goods which have been adapted to the Buyer's wishes or for the Buyer's person, a contract for the supply of perishable goods, as well as goods, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the consumer has broken the original packaging.

8.3. In case you are a consumer, i.e. a person purchasing the Goods outside the scope of his/her business activity, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, or if it is a purchase of the Goods, then within 14 days from its receipt. In the event that we have concluded a Contract which involves several pieces of Goods or the delivery of several parts of the Goods, this period shall commence on the date of delivery of the last piece or part of the Goods, and in the event that we have concluded a Contract under which we will deliver the Goods to you regularly and repeatedly, it shall commence on the date of delivery of the first delivery.

8.4. You may withdraw from the Contract by any demonstrable means (in particular by sending an email or letter to Our addresses listed with Our identification details). You may also use the sample form to withdraw.

8.5. However, even as a consumer, You may not withdraw from the Contract in cases where the subject matter of the Contract is the performance referred to in Section 1837 of the Civil Code.

8.6. In the event of withdrawal from the Contract pursuant to Article 8.2 of the Terms and Conditions, You shall return the Goods to Us without delay and bear the costs of returning the Goods to Us. You are, in turn, entitled to have Us refund the Shipping Charge to You, but only in an amount equivalent to the cheapest method of delivery offered by Us for delivery of the Goods. In the event of cancellation due to a breach of the Contract by Us, We shall also pay the costs of returning the Goods to Us, but again only up to the amount of the Shipping Charge corresponding to the cheapest method of delivery offered by Us for delivery of the Goods.

8.7. In the event of cancellation of the Contract, the Price will be refunded to You within 14 days of the effective date of cancellation to the account from which it was credited or to the account selected by the canceller. However, the amount will not be refunded until We have received the Goods or You have provided Us with evidence that they have been returned to Us. Please return the Goods to Us clean, including the original packaging where possible.

8.8 In the event of withdrawal from the Contract pursuant to clause 8.2 of the Conditions, You shall however be liable to Us for any diminution in the value of the Goods resulting from handling the Goods in a manner other than that necessary to familiarise You with the nature, features and functionality of the Goods, i.e. in the manner in which You would familiarise Yourself with the Goods in a bricks and mortar shop. In the event that we have not yet refunded the Price to you, we shall be entitled to set off the claim for costs against your claim for a refund of the Price.

8.9 We shall be entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why the Goods cannot be delivered (in particular, reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiry of the period set out in clause 6.9 of the Conditions. We may also withdraw from the Contract if it is apparent that you have deliberately provided incorrect information in the Order. If you are purchasing goods in the course of your business, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

9. RESOLUTION OF DISPUTES WITH CONSUMERS

9.1 We are not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

9.2 We handle consumer complaints via an electronic address info@woodkingdom.cz We will send information about the handling of the complaint to the Buyer's electronic address.

9.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.

9.4.evropskyspotrebitel.cz">http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes)

10. CONCLUDING PROVISIONS

10.1. If Our legal relationship with You has an international element (e.g. We will ship goods outside the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under the law are not affected by this arrangement.

10.2 We will deliver all written correspondence with you by email. Our email address is set out next to Our identification details. We will deliver correspondence to Your email address set out in the Agreement, in Your User Account or through which You have contacted Us.

10.3 The Agreement may only be amended by Our written agreement. However, we are entitled to amend these Terms and Conditions, but such amendment will not affect existing Contracts, but only Contracts entered into after the amendment becomes effective or we are to supply Goods to you under the Contract on a regular and recurring basis. 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 notice from you within 14 days of sending you information about the change, the new terms will become part of our Contract and will apply to the next supply of Goods after the change takes effect. The notice period in the event that you give notice shall be 2 months.

10.4.), We shall not be liable for any damage caused as a result of or in connection with the force majeure event and if the force majeure event lasts for more than 10 days, We and You shall have the right to withdraw from the Contract.

10.5 A sample claim form and a sample withdrawal form are attached to the Terms and Conditions.

10.6 The Contract including the Terms and Conditions is archived electronically with Us but is not accessible to You. However, You will always receive these Conditions and the Order Confirmation with a summary of the Order by email and You will therefore always have access to the Contract without Our involvement. We recommend that you always save the Order Confirmation and the Terms and Conditions.

10.7 These Terms and Conditions will take effect on 06.01.2023

 

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