General Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR E-SHOPS
These General Terms and Conditions (“Terms”) of Jitka Klett Fashion Design s.r.o., registered office: Voctářova 2449/5, Libeň (Prague 8), 180 00 Prague, Company ID No. 04892046, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 255203, email jitkaklett@jitkaklett.com, phone +420 607 643 554, registered office address: Voctářova 2449/5, Libeň (Prague 8), 180 00 Prague (“We” or the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or on the basis of a purchase contract (the “Contract”) concluded via the E-shop on the website www.eshop.jkklett.com-.
All information on the processing of your personal data is contained in our Privacy Policy.
As you know, we primarily communicate remotely. Therefore, our Contract is also concluded using means of distance communication that allow us to agree without our and your simultaneous physical presence; the Contract is thus concluded remotely in the E-shop environment via the website interface (the “E-shop web interface”).
If any part of the Terms conflicts with what we agreed together during your purchase process on our E-shop, that specific agreement shall take precedence over the Terms.
1. SOME DEFINITIONS
1.1. Price is the monetary amount you will pay for the Goods.
1.2. Shipping Price is the monetary amount you will pay for delivery of the Goods, including the cost of packaging.
1.3. Total Price is the sum of the Price and the Shipping Price.
1.4. VAT is value added tax under applicable legislation.
1.5. Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price.
1.6. Order is your binding proposal to conclude a Contract for the purchase of Goods with Us.
1.7. User Account is an account created on the basis of details you provide, enabling storage of entered data and the history of ordered Goods and concluded Contracts.
1.8. You are the person purchasing on our E-shop, referred to by law as the buyer.
1.9. Goods means everything you can buy on the E-shop.
2. GENERAL PROVISIONS AND INFORMATION
2.1. Goods may be purchased only via the E-shop web interface.
2.2. When purchasing Goods, you are obliged to provide Us with all information accurately and truthfully. We will therefore consider the information you provide in the Order to be accurate and truthful.
2.3. On our E-shop we also provide access to reviews of Goods submitted by other consumers. We ensure and verify the authenticity of such reviews by linking them to specific orders; in our internal system we see a linked order ID for each review and can therefore verify and demonstrate that a review comes from a real consumer.
3. CONCLUSION OF THE CONTRACT
3.1. The Contract may be concluded with Us only in the Czech language.
3.2. The Contract is concluded remotely via the E-shop, and you bear the costs of using the means of distance communication. These costs do not differ from the basic rate you pay for using such means (in particular internet access); you should therefore not expect any additional costs charged by Us beyond the Total Price. By submitting the Order, you agree to our use of means of distance communication.
3.3. To conclude the Contract, you must create an Order on the E-shop. The Order must include the following details:
a) Information about the Goods being purchased (on the E-shop you mark the Goods you wish to buy with the Add to cart button);
b) Information about the Price, the Shipping Price, the method of payment of the Total Price, and the requested method of delivery of the Goods; these details are entered during Order creation in the E-shop user interface, and the Price, Shipping Price, and Total Price are displayed automatically based on the Goods you selected and your chosen delivery and payment method;
c) Your identification and contact details so we can deliver the Goods, in particular your first name, surname, delivery address, phone number, and email address.
3.4. During the Order creation process, you may change and check the details up until you complete the Order. After reviewing, you complete the Order by clicking the “Order with obligation to pay” button. Before clicking the button, you must confirm that you have read and agree to these Terms; otherwise, it will not be possible to complete the Order. A checkbox is used for this confirmation and consent. After clicking “Order with obligation to pay,” all entered information will be sent directly to Us.
3.5. We will confirm your Order as soon as possible after we receive it by a message sent to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms attached to the email. The Terms in the version effective on the date of the Order, i.e., the version attached to the confirmation email, form an integral part of the Contract. Upon confirmation of the Order, a Contract between You and Us is concluded.
3.6. There may be cases where we cannot confirm your Order. This is particularly the case when the Goods are unavailable or when you order a greater number of items than permitted by Us. We will always provide information about the maximum quantity of Goods in the E-shop in advance, so this should not be surprising. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In such a case, the Contract is concluded at the moment you accept our offer.
3.7. If an obviously incorrect Price is stated in the E-shop or in the Order, we are not obliged to deliver the Goods at that Price even if you have received an Order confirmation and the Contract has thus been concluded. In such a situation, we will contact you without delay and send you an offer to conclude a new Contract in an amended form compared to the Order. The new Contract is concluded at the moment you accept our offer. An obvious error in the Price includes, for example, a case where the Price does not correspond to the usual price with other sellers, or a digit is missing or extra.
3.8. When the Contract is concluded, you are obliged to pay the Total Price.
3.9. If you have a User Account, you can place an Order through it. Even in that case you must check the accuracy, truthfulness, and completeness of the pre-filled data. The Order creation process is the same as for a buyer without a User Account, but the advantage is that you do not need to repeatedly enter your identification details.
3.10. In some cases we allow a discount to be used for the purchase of Goods. To receive the discount, you must enter the discount information in the designated field during the Order proposal. If you do so, the Goods will be provided at the discounted price.
4. USER ACCOUNT
4.1. Based on your registration in the E-shop, you may access your User Account.
4.2. When registering a User Account, you must enter all details accurately and truthfully and update them in case of changes.
4.3. Access to the User Account is secured by a username and password. You are obliged to maintain confidentiality regarding these access credentials and not provide them to anyone. If they are misused, we bear no liability.
4.4. The User Account is personal, and you are not authorized to allow third parties to use it.
4.5. We may cancel your User Account, especially if you do not use it for more than 1 year or if you breach your obligations under the Contract.
4.6. The User Account may not be available continuously, particularly due to necessary maintenance of hardware and software.
5. PRICES AND PAYMENT TERMS; RETENTION OF TITLE
5.1. The Price is always stated in the E-shop, in the Order proposal, and in the Contract. In case of any discrepancy between the Price shown for the Goods in the E-shop and the Price stated in the Order proposal, the Price in the Order proposal shall apply; it will always match the price in the Contract. The Order proposal also states the Shipping Price and any conditions for free shipping.
5.2. The Total Price is stated including VAT and all statutory charges.
5.3. We will require payment of the Total Price after the Contract is concluded and before the Goods are handed over. You can pay the Total Price as follows:
a) Bank transfer. Payment details will be sent in the Order confirmation. For bank transfers, the Total Price is due within 3 days.
b) Online card payment. Payment is made via the GOPAY payment gateway; the payment is governed by the gateway’s terms available at: https://help.gopay.com/cs/tema/cenik-a-obchodni-podminky/aktualni-cenik-a-obchodni-podminky. For online card payments, the Total Price is due within 3 days.
c) Cash on delivery. Payment is made upon delivery of the Goods against handover. For cash on delivery, the Total Price is due upon receipt of the Goods.
d) Cash upon personal pickup. You may pay in cash when collecting the Goods at our premises. In this case, the Total Price is due upon receipt of the Goods.
5.4. The Invoice will be issued electronically after payment of the Total Price and sent to your email address. The Invoice will also be physically attached to the Goods and available in the User Account.
5.5. Title to the Goods passes to you only after you have paid the Total Price and taken delivery of the Goods. In the case of payment by bank transfer, the Total Price is paid when credited to our account; in other cases, payment is made at the moment of the transaction.
6. DELIVERY OF GOODS; PASSING OF RISK OF DAMAGE
6.1. The Goods will be delivered to you no later than within 30 days by the method of your choice, from the following options:
a) Personal pickup at our premises: Ruská 2026/71, Prague 100 00;
b) Personal pickup at Zásilkovna pick-up points;
c) Delivery by the carrier Zásilkovna.
6.2. Goods can be delivered only within the Czech Republic and the Slovak Republic.
6.3. Delivery time always depends on availability and the chosen delivery and payment method. The estimated delivery time will be stated in the Order confirmation. The time stated in these Terms is indicative only and may differ from the actual delivery time. For personal pickup at our premises, we will inform you via email when the Goods are ready for collection.
6.4. Upon taking over the Goods from the carrier, you must check the integrity of the packaging and promptly notify the carrier and Us of any defects. If there is a defect in the packaging indicating unauthorized manipulation or entry into the shipment, you are not obliged to accept the Goods from the carrier.
6.5. If you breach your obligation to accept the Goods, except in the cases under Clause 6.4, it does not result in our failure to deliver the Goods. Your failure to accept the Goods does not constitute withdrawal from the Contract between You and Us. However, in such a case we have the right to withdraw from the Contract due to your material breach. If we decide to withdraw, the withdrawal is effective on the date it is delivered to you. Withdrawal does not affect our claim for the Shipping Price or a claim for damages, if incurred.
6.6. If, for reasons on your part, the Goods need to be delivered repeatedly or by a method other than agreed in the Contract, you must reimburse Us for the costs associated with such repeated delivery. We will send payment details for these costs to your email address stated in the Contract, and they are due 14 days from the email’s delivery.
6.7. The risk of damage to the Goods passes to you at the moment you take them over. If you do not take the Goods over, except in the cases under Clause 6.4, the risk passes to you at the moment you had the opportunity to take them over but did not do so for reasons on your side. Passing of risk means that from that moment you bear all consequences related to loss, destruction, damage, or any devaluation of the Goods.
6.8. If the Goods were not indicated as in stock in the E-shop and only an indicative availability time was shown, we will always inform you if:
a) there is an exceptional production outage of the Goods; we will inform you of the new expected availability or that delivery will not be possible;
b) there is a delay in delivery of the Goods from our supplier; we will inform you of the new expected delivery time.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. We warrant that at the time the risk of damage to the Goods passes to you under Clause 6.7, the Goods are free from defects, in particular that the Goods:
a) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics;
b) are suitable for the purpose for which you require them and which we agree to;
c) are delivered with the agreed accessories and instructions for use, including installation or assembly instructions;
d) are suitable for the purpose for which Goods of this type are usually used;
e) in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual properties of Goods of the same kind that you can reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, especially in advertising or labelling;
f) are delivered with the accessories, including packaging, assembly instructions and other instructions for use, that you can reasonably expect; and
g) correspond in quality or design to a sample or model that was provided to you before conclusion of the Contract.
7.2. Rights and obligations regarding defective performance are governed by applicable generally binding legal regulations (in particular Sections 2099–2117 and 2161–2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.3. If the Goods have a defect, i.e., if any of the conditions under Clause 7.1 is not met, you may notify Us of such defect and exercise rights from defective performance (i.e., make a claim) by sending an email or letter to our addresses listed in our identification details, or in person at Voctářova 2449/5, Libeň (Prague 8), 180 00 Prague. You may also use the model claim form provided by Us, which forms Annex No. 1 to these Terms. When exercising rights from defective performance, you must choose how you want the defect to be resolved, and you may not change this choice later without our consent. We will handle the claim in accordance with the right exercised.
7.4. If the Goods have a defect, you have the right to:
a) have the defect removed by delivery of new Goods without defects or by delivery of the missing part; or
b) have the defect removed by repair,
unless the chosen method of defect removal is impossible or disproportionately costly compared to the other method, taking into account, in particular, the significance of the defect, the value the Goods would have without the defect, and whether the defect can be removed by the other method without significant inconvenience for you.
7.5. We are entitled to refuse to remove the defect if it is impossible or disproportionately costly, especially considering the significance of the defect and the value the Goods would have without the defect.
7.6. You also have the right to:
a) a reasonable discount on the Price; or
b) withdraw from the Contract,
if:
a) we refuse to remove the defect or do not remove it in accordance with legal regulations;
b) the defect occurs repeatedly;
c) the defect constitutes a material breach of the Contract; or
d) it is evident from our statement or from the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to you.
7.7. The right to withdraw from the Contract does not apply if the defect of the Goods is insignificant.
7.8. If you caused the defect in the Goods yourself, you have no rights from defective performance.
7.9. Normal wear and tear resulting from ordinary use of the Goods, or wear and tear corresponding to the degree of prior use in the case of used Goods, is not considered a defect.
7.10. When you submit a claim, we will issue a written confirmation stating:
a) the date the claim was submitted;
b) the content of the claim;
c) the method of claim resolution you request;
d) your contact details for the purpose of providing information on the claim’s resolution.
7.11. Unless we agree on a longer period, we will remove defects and provide you with information on the claim’s resolution within 30 days of receiving the claim, using the contact details provided. If this period expires without resolution, you may withdraw from the Contract or request a reasonable discount.
7.12. We will inform you about the claim resolution by email and issue a confirmation of the date and method of resolution. If the claim is justified, you are entitled to reimbursement of the costs reasonably incurred. You must prove these costs, e.g., by receipts or confirmations of shipping costs. If the defect is removed by delivering new Goods, you are obliged to return the original Goods to Us; we will bear the cost of this return.
7.13. If you are a business customer, you must notify and point out the defect without undue delay after you could have discovered it, but no later than three days after taking over the Goods.
7.14. If you are a consumer, you have the right to exercise rights from defective performance for a defect that appears in consumer Goods within 24 months of taking over the Goods.
8. WITHDRAWAL FROM THE CONTRACT
8.1. Withdrawal from the Contract, i.e., termination of the contractual relationship between Us and You from its inception, may occur for the reasons and in the manner set out in this Article or in other provisions of the Terms where the possibility of withdrawal is expressly stated.
8.2. If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Contract, or, in the case of a purchase of goods, within 14 days from their receipt. If we have concluded a Contract for several items of Goods or delivery of several parts, this period runs from the date of delivery of the last item or part of the Goods; and if we have concluded a Contract under which the Goods are to be delivered regularly and repeatedly, the period runs from the date of delivery of the first delivery.
8.3. You may withdraw from the Contract by any demonstrable means (in particular by sending an email or a letter to our addresses listed in our identification details). You may also use the model withdrawal form provided by Us, which forms Annex No. 2 to these Terms.
8.4. Even as a consumer you may not withdraw from the Contract in cases where the performance is listed in Section 1837 of the Civil Code.
8.5. The withdrawal period under Clause 8.2 is deemed observed if, within its duration, you send Us a notice that you are withdrawing from the Contract.
8.6. In the event of withdrawal from the Contract under Clause 8.2, you must, in accordance with Section 1831 of the Civil Code, send the Goods back to Us without undue delay, no later than 14 days from withdrawal, and you bear the costs of returning the Goods to Us. You are entitled to a refund of the Shipping Price, but only up to the amount corresponding to the cheapest delivery method we offered for delivering the Goods. If you withdraw because We breached the Contract, We will also cover the costs of returning the Goods to Us, again only up to the Shipping Price corresponding to the cheapest delivery method We offered.
8.7. In the event of withdrawal from the Contract, We will, in accordance with Section 1832 of the Civil Code, refund the Price to you without undue delay, no later than 14 days from the effective date of withdrawal. The refund will be made to the account from which payment was received, or to an account specified in the notice of withdrawal. However, the amount will not be refunded before We receive the Goods back or you prove that you have sent the Goods back to Us. Please return the Goods clean and, if possible, in the original packaging.
8.8. If you withdraw from the Contract under Clause 8.2, you are liable to Us for any diminution in the value of the Goods resulting from handling the Goods other than as necessary to become familiar with their nature, characteristics, and functionality, i.e., as you would in a brick-and-mortar store. If We have not yet refunded the Price to you, We are entitled to set off our claim for such costs against your claim for a refund of the Price.
8.9. We are entitled to withdraw from the Contract at any time before delivering the Goods if there are objective reasons why the Goods cannot be delivered (particularly reasons on the part of third parties or reasons relating to the nature of the Goods), even before the expiry of the period referred to in Clause 6.9 of the Terms. We may also withdraw if it is evident that you intentionally provided incorrect information in the Order. If you purchase Goods in the course of your business activity, i.e., as a business, We may withdraw from the Contract at any time, even without giving a reason.
9. CONSUMER DISPUTE RESOLUTION
9.1. We are not bound to any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.
9.2. We handle consumer complaints via the email address office@jitkaklett.com. Information on complaint handling will be sent to the buyer’s email address.
9.3. The Czech Trade Inspection Authority, registered office: Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and a buyer who is a consumer arising from a purchase contract concluded by electronic means.
9.4. The European Consumer Centre Czech Republic, registered office: Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is a contact point pursuant to 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 (ODR Regulation).
10. FINAL PROVISIONS
10.1. If our legal relationship with you contains an international element (e.g., we will ship Goods outside the territory of the Czech Republic), the relationship shall always be governed by the laws of the Czech Republic. If you are a consumer, this choice of law does not affect your rights arising from mandatory provisions of the law.
10.2. All written correspondence between you and Us will be delivered by email. Our email address is listed in our identification details. We will deliver correspondence to your email address specified in the Contract, in the User Account, or from which you contacted Us.
10.3. The Contract may be amended only by our written agreement. However, we are entitled to amend and supplement these Terms; such amendments do not affect already concluded Contracts but only Contracts concluded after the amendment becomes effective. We will inform you of the change only if you have created a User Account (so that you have this information if you order new Goods—this change does not create a right of termination as there is no Contract between us to terminate) or if, under a Contract, we supply Goods to you on a regular and recurring basis. We will send information about the change to your email address at least 14 days before the change takes effect. If we do not receive notice of termination of the concluded Contract for regular and recurring supply of Goods within 14 days of sending the information about the change, the new terms become part of our Contract and apply to the next delivery of Goods following the effective date of the change. If you do give notice, the notice period is 2 months.
10.4. In cases of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, supplier outages, etc.), we shall not be liable for damage caused as a result of or in connection with force majeure. If force majeure lasts longer than 10 days, both We and You are entitled to withdraw from the Contract.
10.5. Annexes to the Terms include a model Claim Form and a model Withdrawal Form.
10.6. The Contract, including the Terms, is archived electronically by Us but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by email, so you will always have access to the Contract without our cooperation. We recommend saving the Order confirmation and the Terms.
10.7. These Terms take effect on 6 January 2023.
ANNEX NO. 1 – CLAIM FORM
Addressee: Jitka Klett Fashion Design s.r.o., Voctářova 2449/5, Libeň (Prague 8), 180 00 Prague,
110 00 Prague 1, Company ID No.: 048 92 046
Submission of claim
Date of Contract conclusion:
Name and surname:
Address:
Email address:
Goods being claimed:
Description of defects:
Proposed method of claim resolution:
I also request issuance of a confirmation of claim submission stating when I exercised this right, the content of the claim, my requested method of claim resolution, together with my contact details for the purpose of receiving information about the claim resolution.
Date:
Signature:
ANNEX NO. 2 – WITHDRAWAL FORM
Addressee: Jitka Klett Fashion Design s.r.o., Voctářova 2449/5, Libeň (Prague 8), 180 00 Prague,
110 00 Prague 1, Company ID No.: 048 92 046
I hereby declare that I am withdrawing from the Contract:
Date of Contract conclusion:
Name and surname:
Address:
Email address:
Specification of the Goods to which the Contract relates:
Method for returning the received funds, or bank account number:
If the buyer is a consumer and ordered goods via the e-shop of Jitka Klett Fashion Design s.r.o. (the “Company”) or another means of distance communication, the buyer has the right—except in the cases set out in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended—to withdraw from an already concluded purchase contract within 14 days from the date of conclusion of the contract, or, in the case of a purchase of goods, within 14 days from their receipt. If the contract concerns several items of goods or the delivery of several parts of goods, this period starts on the day of delivery of the last item or part of the goods, and in the case of a contract under which goods are to be delivered regularly and repeatedly, from the day of delivery of the first delivery.
The buyer shall notify the Company of the withdrawal in writing at the Company’s business address or electronically at the email specified in the model form.
If the buyer who is a consumer withdraws from the purchase contract, the buyer shall send or hand over to the Company, without undue delay and no later than 14 days from withdrawal, the goods received from the Company (Section 1831 Civil Code).
If the buyer who is a consumer withdraws from the purchase contract, the Company shall, without undue delay and no later than 14 days from withdrawal, return to the buyer all monetary funds (purchase price of the delivered goods) including delivery costs (up to the amount corresponding to the cheapest offered delivery method) received from the buyer under the purchase contract, in the same manner (Section 1832 Civil Code). The Company is not obliged to return the received funds to the buyer before it receives the goods back or before the buyer proves that the goods have been sent to the Company.
Date:
Signature: