Business Terms and Conditions

General provisions

By placing an order, a buyer (hereinafter the „Buyer and/or Customer“) accepts the Business Terms and Conditions for supplies of goods declared by the seller. Relationships between the Buyer and the seller are governed by these terms and conditions (hereinafter the „Terms and Conditions“) that are binding for both parties, unless expressly provided otherwise by a contract. The Terms and Conditions specify and clarify the rights and obligations of the seller and its Customers (Buyers) and form, in the most recent version, the contents of a purchase contract (Contract for Delivery of Goods) or an integral part thereof, if applicable. The seller agrees to deliver the ordered goods to the Buyer under the conditions set out in these Terms and Conditions, and the Buyer agrees to accept the goods so ordered and pay the seller the purchase price.

Introductory provisions

These Terms and Conditions of KAPA Zlín spol. s r.o., based in Otrokovice, Prumyslovy areal TOMA a.s., trida T. Bati 1566, 765 82, a company registered in the Commercial Register managed by the Regional Court of Brno, Section C, Insert 6038 (the „Seller and/or Supplier“), ID 46904107, apply to purchases made through the online shop called „e-shop chairs“ located at www.kapazlin.cz and regulate the mutual rights and obligations arising under contracts entered into between KAPA and other natural or legal persons at this online store. All contractual relations are concluded in accordance with the system of law of the Czech Republic. If any should not covered by these Terms and Conditions, then for the end consumer they are governed by the Civil Code (No. 40/1964 Coll.) and the Consumer Protection Act (No. 634/1992 Coll., while for others the Commercial Code (No. 513/1991 Coll.) applies; all of the above as amended by later legislation. The goods presented within e-shop chairs (eshop zidle) are as assembled. Normally, the goods are delivered disassembled in cardboard boxes by the Supplier and accompanied by assembly instructions in the Czech language. If the Buyer requires goods to be delivered as assembled items, the price of transport will be handled per case upon agreement with the carrier.

Subject of the contract

The subject of the contract refers to the sale of goods through e-shop chairs (eshop zidle) by the Seller to the Buyer based on an order. This solely involves the items specifically mentioned in the purchase contract – the order (the „Goods“). Weights, dimensions and other data presented online (catalogues, brochures and other printed materials) are indicative (non-binding) data unless explicitly mentioned in the contract as binding. The method of transport is chosen by the Buyer from the options available and such transport is arranged for them by the Seller.
The Seller is obliged that the Goods to be delivered to its customers:

  • are perfectly in accordance with specifications or the usual properties for a given commodity
  • meet standards, rules and regulations applicable in the Czech Republic
  • come complete with Czech operating instructions, a delivery note and an invoice that serves as a warranty certificate

    Ordering goods, making a contract

When ordering the selected Goods, Buyers are to use an electronic form. Filling in the required data and particulars is a pre-requisite for the validity of the electronic order form. The order is a draft purchase contract. Entering into a purchase contract is preceded by the Supplier issuing and sending to the Customer a so-named „order confirmation“, which specifies the price, date and method of delivery of the Goods ordered. Subsequently, the contract is then created by sending said confirmation to the Buyer. If the date of delivery cannot be met, the Supplier proposes to the Buyer a revised date of delivery, which is then established by the Supplier upon written approval of the new date by the customer. The Seller reserves the right to cancel the order if the Goods are not in stock and the new delivery date for the Goods is unacceptable to the customer. The notice of cancellation will at all times be sent to the Buyer via email.

Place of performance

The place of performance is that indicated in the order. The date of taxable supply is consistent with that of acceptance of the Goods by the Buyer.

Price for goods and terms of payment (remuneration)

The Seller's online shop prices are applicable at the moment of ordering. The Seller reserves the right to change prices in the case of modified exchange rates, a significant increase in inflation or significant changes in supply conditions of manufacturers and other suppliers of goods. The price for the Goods can be paid by the Buyer as follows: (i) in cash at the premises in Otrokovice, Prumyslovy areal TOMA a.s., b. 56, (ii) by bank transfer to the Seller's account, number 379932063/0300, held with CSOB a.s., or (iii) in cash on delivery at the location specified by the Buyer. The purchase price will be considered paid only upon the following: (i) crediting the Seller's current account with the entire purchase price, (ii) paying in cash at the Seller's office for payment, or (iii) accepting cash on delivery. The Seller remains the owner of the Goods prior to full payment of the purchase price. The invoice issued under the contract between the Seller and the Buyer concurrently forms a tax receipt. Cash sales receipts issued for cash payments at the Seller's office for payment are also considered as tax receipts. Receipt of the Goods by the Buyer is principally possible only following payment in full, unless otherwise agreed.

Delivery conditions

Supplies as regards the subject of contract are carried out as soon as possible, usually within 3 to 14 business days, subject to availability of the products and the Seller's opera­tional capabilities; in exceptional cases, delivery times may be longer. The place of delivery is determined on the basis of the Buyer's order. Such supply shall be deemed performed when delivered to said location. Delivery does not include assembly (installation) of the subject of the contract. Transportation to the destination is ordered by the Seller. The shipment of Goods must contain an invoice.

Terms of transportation

The means of transport of Goods and the form of payment are selected by the Buyer on the order form. Goods are transported to the Buyer within 3 to 14 working days as per such an order specifying the exact address, day and period in which the Goods are to be delivered. The Buyer is required to receive the Goods from the carrier properly and acknowledge receipt of the same by an authorized person. If the Buyer finds the packaging to be damaged and subsequently considers that a possibility of damage or an incomplete delivery may have occurred, they should not take delivery of the Goods and ensure the carrier confirms that the packaging of the delivered Goods has been damaged.

Claims

As with any other store, Buyers may find that they need to lodge a claim for Goods purchased from our online shop. KAPA Zlín strives to offer only the finest premium quality products, and all complaints are handled in a helpful manner, which is also one in accordance with Buyers’ needs. For the successful settlement of complaints, the following conditions apply: The warranty period commences from receipt of the Goods by the Buyer. If any damage occurs during shipment of the Goods, the carrier shall be liable to the party whose complaint is being handled by the Supplier. If the Goods are clearly damaged because of transport, the Buyer shall not take receipt of the Goods from the carrier and should ensure the latter confirm the „refusal of Goods due to damage.“ If the Buyer finds any damage through transport only after removing undamaged packaging, they should document the extent of such damage, prepare a record on the same and send it to the Supplier for subsequent handling. The warranty period does not apply to defects resulting from improper or careless handling, or normal wear and tear. Goods so claimed must be ideally returned in their original packaging, including proof of purchase. It is also necessary to attach an accurate description of the defect. The Buyer is obliged to immediately inspect the Goods at the time of receipt and check them for damage, their completeness and any defects. Any deviation from standard must be claimed immediately. Authorised claims concerning the Goods are invalidated if the defect occurred by mechanical damage through non-standard usage, during a natural disaster, etc. The warranty does not cover normal wear and tear resulting from the use of the Goods. Any complaints procedure in relation to the end user (consumer) is governed by the Civil Code. Any complaints procedure in relation to persons using the Goods for the purpose of business is governed by the Commercial Code. Goods pertaining to a claim should not be sent to the Supplier on cash on delivery; it is recommended that one should insure for transport of the Goods. Place for such complaints – KAPA Zlín spol. s r.o., Prumyslovy areal TOMA a.s., Otrokovice, 765 82.

All complaints should be directed to:

Withdrawal from contract

In accordance with Act No. 367/2000, dated 14 September 2000, consumers have the right to withdraw from the contract within 14 days from receipt of the Goods. Should one decide to withdraw at this time, the conditions below must be complied with. Adherence to the same ensures a refund of the purchase price. Send a letter (preferably by email) to place a claim with the text: „I want to unilaterally withdraw from the contract of DD.MM.YYYY, no. (insert the invoice number), and request a refund of the amount paid for the Goods to the address … (if a refund to a bank account is required, please provide the account number)“. Append the date and a signature. Deliver the Goods to the place of complaint Any Goods sent under warranty back to the Seller’s address must be in original packaging, must not be used, must be undamaged and complete (including accessories, warranty certificate, operating instructions, etc.) and accompanied by an original proof of purchase. Do not send the Goods demanding cash on delivery; it is recommended that the Goods are insured. If all of the above conditions for returning Goods are adhered to, the Seller will reimburse the money for the Goods via a postal order or by bank transfer to an account within 10 working days from receipt of Goods at the latest. In the event that any of the above conditions is not met, the Seller cannot accept withdrawal from the purchase contract and the Goods will be returned at the expense of the sender.

Privacy policy

We respect your privacy. To be able to offer valuable services, the company needs to know some personal data. This data is protected against misuse. As a customer, one will have to provide the following details when registering with us. For natural persons, these concern: A name and surname Complete postal address Telephone number and/or email address This information is necessary to identify one as a Buyer. The data is used for implementation and recognition of payment for the Goods purchased, for the purpose of correct delivery of the Goods and to communicate with Buyers. If orders are to be delivered to a different address from that given above, the alternative delivery address should be provided. When buying as a legal person, the following information is necessary about the firm: Company name Complete postal address Telephone number, email address and/or fax number Company registration number and tax identification number Bank account details These details allow us to make the necessary accounting transactions, prepare tax documents usually required by both parties and to identify Buyers’ payments conducted ​​by bank transfer. Information on one’s purchasing transactions are stored on a secure database and not disclosed to third parties. Such data are necessary to ensure the supply of Goods, complaints procedure, etc. Your personal information is confidential and not shared with a third party. Registered customers' access to our online shop and the option to place orders is protected by access passwords known only to registered customers. Therefore, please do not permit this password to become freely available to third persons so as to prevent its misuse and avoid abuse of registration details and data. The online shop operator is not liable for any password misuse. By using our online store at www.kapazlin.cz, you as a user consent to the collection and use of information about yourself and your purchases. The rules governing handling of such data are described in this document. If any changes occur in the rules in the future, details of these will be published on this site in order for users to have the opportunity to learn about them.

Closing provisions

These Terms and Conditions apply as stated on the Seller's website on the day of placing an electronic order unless anything different is agreed to in writing between the parties. By sending such an electronic order, the Buyer unconditionally accepts all provisions of the Terms and Conditions in the version applicable on the day of sending the order, as well as the price of the Goods so ordered applicable on the day of placing the order and as listed in the pricelist on the website (including transport costs, if any), unless demonstrably agreed otherwise in a particular case. The Buyer shall be irrevocably bound by an order (draft purchase contract) confirmed via telephone, email or fax for the period specified for delivery of the Goods. Participants have agreed that unless explicitly stated otherwise in these Terms and Conditions, their rights and obligations shall be governed by generally binding legal regulations.