TERMS AND CONDITIONS

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of Ing. Daniela Kohnová, with registered office at Růžovka 133/2, Litoměřice – Předměstí 412 01, identification number: 75993996 (hereinafter referred to as the “Seller”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code, as amended (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 www.kangoo-jumping.cz (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “Shop Web Interface”).
1.2. The Terms and Conditions do not apply to cases where 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 exercise of his profession.
1.3. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement 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 validity of the previous version of the Terms and Conditions.

2. USER ACCOUNT

2.1. Based on the buyer’s registration made on the website, the buyer can access their user interface. The Buyer can order goods from his/her user interface (hereinafter referred to as “user account”). The Buyer can also order goods without registration directly from the web interface of the shop.
2.2. When registering on the website and ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
2.3 Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The Buyer is not entitled to allow third parties to use the user account.
2.5 The Seller may cancel the user account, in particular if the Buyer has not used his/her user account for more than 5 years or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 The Buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the Seller’s hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2 The web interface of the shop contains information about the goods, including the prices of the individual goods and the costs for returning the goods if the goods cannot be returned by normal postal means by their nature. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not restrict the Seller’s ability to conclude a purchase contract on individually agreed terms.
3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with packaging and delivery of the goods listed in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. The order form contains in particular information about:
3.4.1. the goods ordered (the goods ordered are “placed” by the buyer in the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”).
In the event that a price is quoted which is clearly a typing or numerical error, the price is not binding and the purchase contract is not concluded.
3.5 Prior to sending the order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer’s ability to detect and correct errors made in entering data in the order. The Buyer shall send the order
to the Seller by clicking on the button “Send order”. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer’s
e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s e-mail address”).
3.6.
The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
3.7..8. The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the Buyer in using remote means of 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 and shall not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract can be paid by the buyer to the seller in the following ways:
in cash at the seller’s premises at Růžovka 133/2, Litoměřice – Předměstí 412 01;
in cash on delivery at the place specified by the buyer in the order;
cashless transfer to the seller’s account no. 240185972/0300, maintained at Air bank, s.r.o. (hereinafter referred to as the “Seller’s account”);
cashlessly via the PayPal payment system.
4.2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash or cash on delivery, the purchase price is payable upon receipt of the goods.
4.5. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller’s account.
4.6. The provisions of Section 2119(1) of the Civil Code shall not apply.
4.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8. If it is customary in the course of business or if provided for by generally binding legal regulations, the Seller shall issue a tax document – an invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is not a payer of value added tax. The tax document – invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer’s electronic address (or it may be enclosed in the shipment).

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract for the supply of goods that have been customised to the Buyer’s wishes or for his/her person or a special delivery ordered, a contract for the supply of perishable goods and goods that are perishable, among other things, cannot be withdrawn from the contract, which has 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.
5.2. Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where the purchase contract cannot be withdrawn from, the Purchaser shall have the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, whereby if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller’s business address or to the Seller’s e-mail address info@kangoo-jumping.cz.
5.3. The Goods must be returned by the Buyer to the Seller in an unused and undamaged condition within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even in the case where the goods cannot be returned due to their nature by the usual postal route.
5.4. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to the seller.
5.5. The seller is entitled to unilaterally set off the claim for damages to the goods and damaged or used goods against the buyer’s claim for a refund of the purchase price.
5.6 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift provided together with the goods to the Seller (e.g. as part of a free event).

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.
6.3 If, for reasons on the Buyer’s side, the goods have to be delivered repeatedly or by a different method than that specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with the different method of delivery.
6.4 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event that the packaging is found to be damaged, indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.
6.5.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. In particular, the Seller is liable to the Buyer that at the time the Buyer took delivery of the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
7.2.4. the goods are of the appropriate quantity, measure or weight, and
7.2.5. the goods comply with the requirements of the law.
7.3 The provisions set out in article 7.2 of the terms and conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in used goods corresponding to the level of use or wear and tear the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.
7.4 If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective already upon receipt. The Buyer shall be entitled to exercise the right of defect that occurs in consumer goods within twenty-four months of receipt.
7.5. The Buyer shall exercise the rights of defective performance at the Seller’s business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business.
7.6.

8. TIME LIMITS FOR FILING A CLAIM

8.1. The right of liability for defects must be exercised within the warranty period. The claim must be made without undue delay, as soon as the defect has been discovered. Any delay in the continued use of the goods may cause the defect to intensify and the goods to deteriorate and may be grounds for rejecting the claim. The consumer warranty period is 24 months and starts from the date of receipt of the goods. The warranty period for a business (purchase and use of kangoo boots for business) is 12 months and starts from the date of receipt of the goods.
8.2. If the claim procedure results in the replacement of the claimed goods, the warranty period starts again from the receipt of the new goods. When a defective part is replaced, the new warranty period applies to the replaced part.
8.3. The warranty period is not to be confused with the lifetime of the goods, i.e. the period of time for which the goods can last under proper use and care, including maintenance, given their characteristics, their intended purpose and the variation in the intensity of their use.
8.4. Such wear and tear cannot be considered a defect and cannot be claimed as such.
8.4.1. Parts subject to normal wear and tear:
1. rubber sole
2. inner textile liner
3. rubber springs
4. plastic arch shells/springs – so called shell
5. quick release buckles
Note: These components wear out during use.
8..4.2 The warranty on the above parts of the goods subject to normal wear and tear caused by normal use is limited to 3 months.
8.4.3 The warranty period stated on our website is for consumers only, not for businesses. For customers who use the goods for the purpose of business or trade with the product, the warranty period is not provided for by the Civil Code. In this case, we set the warranty period at 1 year, except for normal wear and tear of the goods or their parts (3 months).
The Complaints Procedure has been drawn up in accordance with Act No. 40/1964 Coll., as amended (Civil Code) and Act No. 634/1992 Coll., on Consumer Protection, as amended.

9. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

9.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
9.2 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
9.3 The Seller handles consumer complaints via the electronic address info@kangoo-jumping.cz. The Seller shall send information on the settlement of the Buyer’s complaint to the Buyer’s electronic address.
9.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
9.5 The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://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).
9.6 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. The Czech
Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
9.7.

10. DATA PROTECTION

10.1. The Seller processes the Buyer’s personal data within the meaning of Regulation (EU) No 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “Regulation”), the following personal data:
∙ name, surname
∙ e-mail address
∙ telephone number
∙ address/headquarters
10.2. The aforementioned personal data must be processed for the processing of orders and further performance of the contract if a purchase contract is concluded between you and the seller. Such processing of personal data is permitted by Article 6(1)(b) of the Regulation – the processing is necessary for the performance of the contract.
10.3. The Seller also processes this data for the purpose of recording the contract and for the purpose of any future exercise and defence of the rights and obligations of the parties. The retention and processing of personal data for the above purpose is for a period of 10 years from the execution of the last part of the performance under the contract, unless another legal regulation requires the retention of contractual documentation for a longer period. Such processing is possible on the basis of Article 6(1)(c) and (f) of the Regulation – the processing is necessary for the fulfilment of a legal obligation and for the purposes of the legitimate interests of the controller.
10.4. These communications can be unsubscribed at any time by any means, for example by sending an e-mail or by clicking on a link in a commercial communication.
10.5. These are sent to you every time you make a purchase with us, unless you refuse to receive them in accordance with Section 7(3) of Act No. 480/2004 Coll. on certain information society services. The processing of personal data for the purpose of sending questionnaires within the framework of the Verified by Customers programme is carried out on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use a processor, the operator of the Heureka.cz portal, to send you questionnaires, evaluate your feedback and analyse our market position; we may pass on information about the goods you have purchased and your e-mail address to the processor for these purposes. Your personal data is not passed on to any third party for its own purposes when sending email questionnaires. You can object to the sending of email questionnaires within the framework of the Customer Verified programme at any time by rejecting further questionnaires using the link in the email with the questionnaire. If you object, we will not send you the questionnaire any further.
10.6. Personal data will not be transferred to third countries outside the EU.
10.7. The controller can be contacted by email at info@kangoo-jumping.cz.
10.8. The controller, as the operator of the www.kangoo-jumping.cz website, uses cookies on this website.
Cookies are short text files that a website stores on a visitor’s computer and that are provided by the browser each time the user returns to the site.
If your browser has cookies enabled or you browse the website and place an order, we will assume that you agree to our server’s and our processors’ use of cookies.
Cookies that are used here for the following purposes:
∙ measuring website traffic and generating statistics on visitor traffic and behaviour on the
website ∙ basic functionality of the
website o Collecting cookies for the purposes set out above may be considered as processing personal data. Such processing is possible on the basis of a legitimate reason – the legitimate interest of the controller, and is allowed by Article 6(1)(f) of the Regulation.
o Cookies, which are collected for the purpose of measuring website traffic and generating statistics relating to website traffic and visitor behaviour, are
treated in the form of an aggregate and in an anonymous form that
does not allow the identification of individuals.
o The cookies collected may be processed by other processors: ∙ Google Analytics provider, operated by Google Inc., located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
10.9. Please note that under the Regulation you have the right to:
∙ Cancel the sending of commercial communications at any time,
∙ object to processing on the basis of the legitimate interest of the controller, ∙ request information from us about what personal data we process about you,
∙ request access to this data and have it updated or corrected, or request a restriction on processing,
∙ require us to delete this personal data, we will delete it if this does not conflict with applicable law or the legitimate interests of the controller,
∙ for data portability if it is automated processing based on consent or for the performance of a contract,
∙ to request a copy of the personal data processed,
∙ to effective judicial protection if you consider that your rights under the Regulation have been infringed as a result of the processing of your personal data in breach of this Regulation,
∙ to lodge a complaint with the Data Protection Authority.

11. FINAL PROVISIONS

11.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law.
11.2. By choosing the law according to this article of the Terms and Conditions, the consumer is not deprived of the protection provided by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
11.3. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
11.4 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.5 A sample form for withdrawal from the Purchase Contract is attached to the Terms and Conditions.
11.6 Contact details of the Seller: delivery address Růžovka 2, 412 01 Litoměřice, e-mail address info@kangoo-jumping.cz, telephone +420 777 009 992

In Litoměřice on 1. 1. 2021

For Kangoo-Jumping.cz – Ing. Daniela Kohnová