Terms and conditions

  1. Basic Provisions
  2.  
      The following Terms and Conditions regulate the relationships of parties to a purchase / licence agreement entered into by and between Miroslav Šiřina (kendama.cz), Reg. No. 86916041, VAT Reg. No. CZ8010314114, with its registered office at A. Randýskové 2410, 76001 Zlin, registered in the Trade register in Zlin, File No. 2074/2008/Sal/2 as the seller on the one part (kendama.cz) and the purchaser on the other part (purchaser).
     

  3. Pre-Contractual Representations and Warranties
    1. kendama.cz represents and warrants that: The cost of distance communication is subject to no additional fees (kendama.cz charges no additional fees to the amount charged by the purchaser’s internet / telephone provider; unlike in case of contractual deliveries). The purchaser is required to pay the purchase price before accepting the goods from kendama.cz or make an advance or similar payment for specific services if the same are offered by kendama.cz and requested by the purchaser. kendama.cz enters into no ongoing contracts. If such contracts are facilitated by kendama.cz, the purchaser receives information about the shortest binding term of such contract from the provider in question, along with the price (or method of its determination) charged in one billing period (being at all times one month if such price is constant). Unless stipulated otherwise, the licence fee stipulated in a licence agreement entered into for an indefinite period is agreed for the entire licence term. The prices for goods and services displayed on the website operated by kendama.cz are incl. VAT, with all statutory fees (if any). Shipping costs are incl. VAT also. Purchasers-consumers are entitled to withdraw from the agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of:
      1. receiving the goods (purchase agreements);
      2. eceiving the last delivery (agreements for the purchase of several types of goods / delivery of several parts); or
      3. receiving the first delivery (ongoing contracts); and do so in writing either by sending the notice of withdrawal to the kendama.cz central office or completing the form available on the kendama.cz website.
    2.  The consumer cannot withdraw from an agreement for the:
      1. provision of services performed by kendama.cz with previous explicit consent of the consumer prior to the expiration of the period of notice;
      2. delivery of goods / services offered for the price affected by deviations in the financial market beyond kendama.cz’s control with a potential to occur during the period of notice;
      3. idelivery of goods adjusted as per the requirements / for the needs of the consumer;
      4. delivery of fast moving consumer goods / goods irreversibly mixed with other goods after delivery;
      5. repair or maintenance carried out in a place designated by the consumer as per the consumer’s request (save for other than requested repairs / delivery of other than requested spare parts);


      The costs incurred in association with returning the goods (withdrawn agreements) / costs of returning the goods other than by ordinary post if the nature of such goods so precludes (withdrawn agreements negotiated away from business premises) are borne by the consumer. The consumer is required to pay a pro-rata price for services already commenced to be provided under a withdrawn agreement.

      Any complaints can be made by completing the contact form or reported to the supervisory / state supervision authorities.

      The purchaser acknowledges for the purposes of claiming the guarantee, the goods should be delivered to Czech Republic by the purchaser.


  4. Agreement
    1. Execution The purchaser enters into the agreement by accepting the offer to enter into the agreement as displayed on the website operated by kendama.cz and in particular by adding the requested product (goods, services) to the cart or using the “Buy Now” service (registered users only). The purchaser may as well enter into the agreement with the assistance of kendama.cz customer service representatives, either by telephone or by email. The purchaser can change the products added to the cart as well as the selected shipping and payment method, i.e. check the order details, before placing a firm order. The purchase agreement is entered into upon the moment the purchaser (having selected the shipping and payment method) submits the order and the order in question is received by kendama.cz whereby kendama.cz assumes no liability for any mistakes and errors (if any) having occurred during the transfer of data. The purchaser is informed about the executed agreement in a confirmation email letter sent by kendama.cz to the email address provided by the purchaser.

      The executed agreement is archived by the seller for at least five years from the execution day, however, not longer than for the period stipulated by relevant law. Archived for the performance purposes, the agreement is not additionally available to other than involved third parties. Information about the individual technical steps to be taken in order to enter into an agreement is implied by and the process of entering into an agreement is comprehensibly described in these General Business Terms and Conditions.
    2. Delivery As kendama.cz reserves the right of ownership to the product, the purchaser acquires the title to the product only after the purchase price has been paid in full. The same applies with necessary modifications also to the purchased licences or services.
      kendama.cz delivers the product to the purchaser along with relevant documents pertaining thereto and enables the purchaser to acquire the title to the product in compliance with the agreement. kendama.cz meets its obligation to deliver the product to the purchaser by enabling the purchaser to view and try the product at the place of performance and informing the purchaser thereabout in due course. Products to be shipped by kendama.cz are delivered to the purchaser by submitting the product to the first shipping company and enabling the purchaser to claim the rights implied by the shipping agreement with the shipping company. Products designated for purchasers-consumers are delivered by kendama.cz to the purchasers-consumers only after kendama.cz receives the product in question from the shipping company. If more items are delivered in excess of the amount agreed, the purchase agreement is deemed entered into for the number of items delivered; unless the purchaser rejects such items without undue delay. kendama.cz delivers the purchased product to the purchaser in the agreed amount, quality and design. If not agreed otherwise, the product is packed by kendama.cz by convention; if no convention exists, the product in question is packed as to provide for its protection and preservation. The same applies also to goods to be shipped.
    3. Risk of Damage The product is defective if lacking the agreed characteristics. The product is deemed defective also in cases where the purchaser is delivered other than the ordered product or where the documents necessary for the use of the product in question contain defects.
      The purchaser can claim improper performance with reference to the defect inherent to the product at the moment the risk of damage passes to the purchaser although the defect in question becomes evident only later. The purchaser can claim the rights also with reference to a defect that has become evident later as result of a breach of kendama.cz’s obligation.
      The purchaser is to examine the product, its characteristics and quantity as soon as feasible after the risk of damage to the product passes to the purchaser. The risk of damage passes to the purchaser upon accepting the product in question; the same applies also to cases where the purchaser rejects to accept the goods although having been enabled by kendama.cz to view and try the product.
      Damage to the product occurring after the risk of damage has passed to the purchaser does not affect the purchaser’s obligation to pay the purchase price unless the damage occurred as result of a breach of kendama.cz’s obligation. If one party is delayed in accepting the product, the other party is entitled to reasonably sell the product at the expense of the delayed party and do so following a prior notice and providing the delayed party with an additional reasonable period to accept the product. The same applies also to delays on payment where the product cannot be accepted unless the purchase price is paid.
    4. Liability (kendama.cz) kendama.cz is liable to the purchaser that the product is free from defects upon receipt. In particular, kendama.cz is liable to the purchaser that, at the moment the product is received by the purchaser: The product has the characteristics agreed by the parties or (if no agreement is reached) the characteristics described by kendama.cz or the manufacturer or expected by the purchaser with reference to the nature of the goods and related advertisement.
      The product can be used for the purposes stated by kendama.cz or for the purposes for which the product of that kind is usually used.
      The product is provided in the corresponding quantity, measurement or weight. The product complies with the requirements stipulated by law. If the product becomes defective within six months after receipt, the product is deemed being defective already upon receipt. Unless stipulated otherwise, the purchaser is entitled to claim defective consumer goods within 24 month after receipt. This does not apply to:
      discount-related defects;
      usual wear and tear;
      defects caused by ordinary use or wear and tear and evident at the moment of receipt by the purchaser; or cases implied by the nature of the case. The purchaser is entitled to claim defective consumables (cosmetics, drugstore items, etc.) within twenty-four (24) months. If, however, a best before date is indicated on the product in question, this period is shortened and terminates on the date indicated on the packaging.
      The individual periods are stipulated in more detail in the Claims Code.

      Purchasers-entrepreneurs may be subject to a different and prevailing period for claiming improper performance, however, only if such different period is explicitly stated on the goods in question. Such goods are then labelled as follows:
      Improper performance cannot be claimed if the purchaser was aware about the defect before accepting the product or if the defect in question was caused by the purchaser.
      In the event of a defect to be addressed by kendama.cz and occurring on a discounted/used product, the purchaser is entitled to a reasonable discount rather than to replacement.
    5. Material Breach If improper performance constitutes a material breach of the agreement, the purchaser is entitled to: have the defect removed by way of being delivered a new defect-free product or the missing part if such is not unreasonable with respect to the nature of the defect in question; in case of a component part affected by the defect, the purchaser can only claim that the component part in question be replaced; if such is not feasible, the purchaser may withdraw from the agreement; if, however, the above is not reasonable with respect to the nature of the defect in question, especially if the defect can be removed without undue delay, the purchaser is entitled to have the defect removed for free;
      have the defect removed by way of repair;
      be given a reasonable discount on the purchase price; or
      withdraw from the agreement.
      When claiming the defect in question, the purchaser informs kendama.cz as to which of the aforementioned options the purchaser has selected and does so either immediately or without undue delay thereafter whereby the selected option can be then changed only if so approved by kendama.cz; with the exception of a defect requested by the purchaser to be repaired and subsequently being identified as irreparable. If the defects are not removed by kendama.cz within a reasonable period or if the purchaser is informed by kendama.cz that the defects in question will not be removed, the purchaser may claim a reasonable discount on the purchase price instead of withdrawing from the agreement or withdraw from the agreement.
      If the purchaser fails to select one of the options mentioned above, the rights implied by immaterial breach apply – see below.
      In addition to cases where kendama.cz cannot deliver a new defect-free product, replace the component part or repair the product, purchasers-consumers are entitled to a reasonable discount also in cases where kendama.cz fails to remedy the situation within a reasonable period or where the remedy would cause significant inconvenience to the purchaser.
    6. Immaterial Breach If improper performance constitutes other than material breach, the purchaser is entitled to have the defect removed or to be given a reasonable discount on the purchase price. Unless the purchaser claims the discount on the purchase price or withdraws from the agreement, kendama.cz may deliver the missing parts or remove the legal defect. Other defects can be removed at kendama.cz’s discretion either by way of repair or delivery of a new product.
      If kendama.cz fails to remove the defect in due course or refuses to remove the defect, the purchaser may claim a reasonable discount on the purchase price or withdraw from the agreement whereby the selected option can then be changed only if so approved by kendama.cz.
    7. General Breach The purchaser may claim to have the defect removed by way of being delivered a new thing or a replaced component part also in cases where the defect can be removed but the product cannot be used because of a repeated occurrence of the defect after repair or a larger number of defects. In such cases, the purchaser is entitled to withdraw from the agreement.
      If being delivered a new product, the purchaser returns the original product back to kendama.cz (along with all accessories delivered together with the product itself) and does so at kendama.cz’s cost. Purchasers failing to report the defect without undue delay after the defect could have been ascertained by the purchaser had the product been examined in due course and with sufficient care will not be adjudicated by court the rights under improper performance. The same applies also to a hidden defect not reported without undue delay after the defect could have been ascertained by the purchaser had the product been examined with sufficient care, however, not later than within two years after the product has been delivered to the purchaser.
    8. Quality Guarantee In providing the quality guarantee, kendama.cz undertakes that the product in question will be fit for the ordinary purpose or will preserve the ordinary characteristics. The same applies also to the guarantee period or best before date indicated on the packaging or advertised. The guarantee may as well be arranged with reference to individual component parts of a product.
      The guarantee period commences on the day the product is delivered to the purchaser. If the product is to be shipped to the purchaser as agreed in the agreement, the guarantee period commences only on the day the product is shipped to the designated place. If the purchased product is to be put into operation by a party other than kendama.cz, the guarantee period commences only on the day the product is put into operation, provided that the respective service of putting the product into operation is ordered by the purchaser no later than within three weeks after the product is received and that necessary assistance and co-operation of the purchaser to render this service are provided. The purchaser is not entitled to claim guarantee with reference to a defect caused by outer circumstances after the risk of damage has passed to the purchaser.


  5. Withdrawal
    1. Consumer Consumers are entitled to withdraw from the agreement within a period of 14 days. The period stated in the first sentence commences on the day the agreement is executed, this being the day of:
      receiving the goods (purchase agreements);
      receiving the last delivery (agreements for the purchase of several types of goods / delivery of several parts); or receiving the first delivery (ongoing contracts).
      Consumers may withdraw from the agreement by completing and submitting the template form available here; once submitted, the completed form is confirmed as received by kendama.cz in writing without undue delay.
      Consumers may withdraw from the agreement also by sending a notice of withdrawal to:
      kendama.cz
      A. Randyskove 2410
      76001 Zlin
      Czech Republic

      If withdrawing from the agreement, the consumer is to return to kendama.cz the goods delivered by kendama.cz and do so at consumer’s cost without undue delay, however, no later than within 14 days after withdrawing from the agreement. The goods are to be returned complete, i.e. along with the delivered accessories and complete documentation, undamaged, clean, in the original packaging (if possible) and in the condition and value in which the goods have been received by the purchaser. Any fuel tanks returned as part of the returned goods must be returned empty. Agreements for the purchase of consumables (cosmetics, drugstore items, etc.) may be withdrawn only if the consumables in question are returned by the purchaser undamaged, unused and in the original packaging. Consumers deciding to withdraw from the agreement in the given period are recommended by kendama.cz to send the goods to kendama.cz’s address along with a cover letter incl. the reason for withdrawal (not necessary), number of purchase document and number of bank account so that the case can be addressed without delay. Consumers are liable to kendama.cz for any decrease in value of the goods caused by handling the goods other than as required by the nature and characteristics of the goods. Consumers withdrawing from the agreement are refunded the entire amount paid under the agreement whereby this amount is refunded by kendama.cz without undue delay, however, no later than within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the agreement. Consumers withdrawing from the agreement may as well be refunded the entire amount paid only after the goods are returned to kendama.cz or after the consumers prove that the goods have been sent to kendama.cz. Consumers acknowledge that if the goods are delivered along with any gifts, kendama.cz and the purchaser enter into a contract of donation on the condition that such contract of donation terminates as soon as the consumer enjoys its right and withdraws from the purchase agreement within a period of 14 days whereby the consumer must return the goods in question along with the gifts and everything obtained in relation thereto; if not returned, the same will be considered unjust enrichment. If the profits acquired by unjust enrichment cannot be returned, kendama.cz is entitled to claim monetary compensation in the amount of ordinary price.
    2. Other If the product in question cannot be returned in the condition originally received by the purchaser, the agreement cannot be withdrawn or delivery of a new product claimed. This does not apply to cases where: The condition changed due to the inspection of the product for defects. The product was used by the purchaser before the product was found defective. The product cannot be returned in the original condition for reasons other than beyond control (wilful act or neglect) of the purchaser. OR The product was sold by the purchaser before the product was found defective, consumed by the purchaser or altered by the purchaser in ordinary use. If only a part of the product was used, consumed or altered, the purchaser returns to kendama.cz everything that can be returned and compensates kendama.cz up to the amount of benefit received from using the product. Purchasers failing to report the defect in due course are not entitled to withdraw from the agreement.


  6. Personal Data Protection and Security The seller represents and warrants that all personal data are confidential and such will be used only for the performance of the agreement entered into with the purchaser and for the marketing purposes of the seller (incl. marketing activities performed together with the contractual partners of the seller). The personal data will not be published or disclosed to third parties, with the exception of cases where such disclosure is necessary for the distribution of and payment for the ordered goods (name, account number, shipping address) or for special marketing purposes. In handling the personal data, the purchaser proceeds without detriment to the rights of the entity disclosing the personal data, namely the right to human dignity, and cares for the protection of the private and personal life of the same from unauthorised intervention. The personal data disclosed willingly by the purchaser for the purposes of placing the order and marketing are collected, processed and stored in compliance with law. The purchaser gives consent to the seller to collect and process the disclosed personal data for the performance of the purchase agreement in question and for the marketing purposes of the seller.  Customers making a claim with kendama.cz are required to provide their full name, address, telephone number and signature (digital signature) whereby such disclosed personal data are processed exclusively for the purposes of handling the claim and in compliance with law. Purchasers are entitled to access and edit their personal data, request explanation and removal of mistakes as well as exercise other rights pertaining thereto. In obtaining the consent to personal data processing, kendama.cz may use cookies in compliance with Directive 95/46/EC (aka Cookie Directive) in order to make the provision of information services easier whereby kendama.cz makes sure that the users are aware of the data and information stored in their end devices. The terms and conditions for the use of cookies are available here. The users may prevent the cookies from being stored in their end devices, for instance, by running the anonymous browsing function. In order to prevent criminality and minimise the damage, kendama.cz reserves the right to reject an order placed by the purchaser from a blocked IP address listed on a blacklist. Purchasers encountering problems with placing their order may contact kendama.cz by completing and submitting the contact form.


  7. Business Hours Orders placed in the kendama.cz e-shop are accepted 24 hours a day, seven days a week. In the event of an information systems failure or force majeure, kendama.cz assumes no liability for non-observance of the stipulated business hours.


  8. Prices The prices are contract prices. Prices quoted online in the e-shop are always up to date and valid. Prices are incl. VAT and other taxes and fees (if any) payable by the consumer for a product in question (excl. shipping fees, collection fees and cost of distance communication shown in the shopping cart in the amount depending on the option selected by the purchaser).
    Special promotion prices are valid either until stocks are exhausted (with displayed information as to the number of items in question offered for the special promotion price) or for a limited period.
    The “original price” refers to the price at which the goods/services/licenses in question were originally offered in kendama.cz’s e-shop or the manufacturer’s suggested retail price, excluding any bonuses, promotions, special offers or other discounts.  They will always be displayed alongside the selling price, which better reflects the product’s market price level.
    The purchaser acknowledges that kendama.cz and the purchaser need necessarily not enter into the agreement, especially if the goods are ordered by the purchaser for a price mistakenly quoted on the website due to the internal kendama.cz system error of which the purchaser is informed by kendama.cz. kendama.cz reserves the right to declare the purchase agreement void in case of misused personal data, misused payment card, etc. or with reference to the intervention of an administrative or court authority of which the purchaser is informed by kendama.cz. The purchaser acknowledges that the purchase price cannot be entered into as valid in the aforementioned cases.


  9. Payments kendama.cz accepts the following for methods of payment
    wire transfer (EU only);
    Paypal payments;
    Cash on deliver (Czechia and Slovakia only)

    Unless paid in full and received, the goods remain the property of kendama.cz. The risk of damage passes to the purchaser upon receipt. Once the order is placed, the billing details of the purchaser cannot be edited.


  10. Delivery
    1. Options kendama.cz delivers the goods either in co-operation with a shipping company. In the case of force majeure or disruptions in information systems, kendama.cz assumes no liability for late delivery of goods. Information about the offered options, up-to-date terms and conditions and prices is available at https://kendama.cz/en/doprava. Delivery of goods is limited by public holidays in the place of delivery and the Czech Republic.
    2. Other: When receiving the goods from the shipping company, the purchaser – along with the shipping company representative – is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape bearing the company logo and undamaged packaging) as per the enclosed delivery note. The purchaser may refuse to accept the delivery shipped contrary to the purchase agreement, for instance with reference to incomplete or damaged delivery. If accepting the damaged delivery from the shipping company, the purchaser is to describe the damage in the delivery note of the shipping company.
      Incomplete or damaged deliveries must be immediately reported by email to info@kendama.cz and the damage be described in the report on damage executed with the shipping company representatives and sent to kendama.cz by email or post without undue delay. Any subsequent claims of incomplete delivery or damaged packaging do not limit the purchaser’s right to claim the guarantee; yet, they enable kendama.cz to prove that the same do not represent a conflict with the purchase agreement.


  11. Final Provisions The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any disputes between kendama.cz and the Purchaser they can settle their dispute out-of-court through an Alternative Dispute Resolution or Online Dispute Resolution (ADR / ODR) procedure. In this case the Purchaser can contact the ODR entity. For more information on alternative dispute resolution can be found here. kendama.cz recommends the Purchaser to use first contact kendama.cz to resolve the situation.
    The agreement is entered into in the English language. If the agreement is required to be translated for the purchaser into another language, the English version prevails in case of discrepancies between the two language versions.
    These Terms and Conditions and parts hereto come into force and effect on 2.3.2017, repealing the previous versions.