I. General provisions

1. These general business conditions (hereinafter referred to as "business conditions") are issued in accordance with § 1751 et seq. Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code"). The seller is:

• MK Trade & Invest s.r.o.
• ID No.: 118 29 869
• VAT No.: CZ11829869
• with registered office: Hollova 732/11, 190 15 Prague 9, Czech republic
• entered in the Commercial Register kept by the Municipal Court in Prague, file No. C 355087
• Contact information:
• email: info@km-filatelie.cz
• phone number: +420 605 292 955
• www: km-filatelie.cz

     (hereinafter referred to as the "Seller").

2. These business conditions govern the mutual rights and obligations of the Seller and the natural person who enters into the purchase contract outside his business as a consumer or within his business (hereinafter "Buyer") through a web interface located on the website available at www.km-filatelie.cz (hereinafter referred to as "online store").

3. The provisions of the business conditions are an integral part of the purchase agreement. Deviating provisions in the purchase contract take precedence over the provisions of these business conditions.

4. These business conditions and the purchase contract are concluded in the Czech language.

II. Information on goods and prices

1. Information about the goods, including the prices of individual goods and their main features, is given for individual goods in the online store catalogue. The prices of the goods are stated including value added tax, all related fees and costs for the return of the goods, if these goods cannot, by their nature, be returned by the usual postal route. The prices of the goods remain valid as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.

2. All presentation of goods placed in the online store catalogue is of an informative nature and the Seller is not obliged to enter into a purchase contract regarding these goods.

3. Information on the costs associated with the packaging and delivery of goods is published in the online store. Information on costs associated with the packaging and delivery of goods listed in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of goods cannot be combined with each other, unless the Seller agrees otherwise with the Buyer.

III. Ordering and concluding a purchase contract

1. The costs incurred by the Buyer in the use of means of distance 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. These costs do not differ from the basic rate.

2. The Buyer orders the goods in the following ways:

• through his customer account, if he has previously registered in the online store,
• by filling in the order form without registration.

3. When placing an order, the Buyer chooses the goods, the number of goods, the method of payment and delivery.

4. Before sending the order, the Buyer is allowed to check and change the data he entered in the order. The Buyer sends the order to the Seller by clicking on the "Send order" button. The data listed in the order they are deemed correct by the Seller. The condition for the validity of the order is the completion of all mandatory information in the order form and confirmation from the Buyer that he has read these business conditions.

5. Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt and acceptance of the order to the email address entered by the Buyer when ordering (hereinafter "Order Confirmation"). The current business conditions of the Seller are attached to the Order confirmation. The purchase contract is concluded upon delivery of the Order Confirmation to the Buyer.

6. In the event that any of the requirements specified in the order cannot be met by the Seller, he will send the amended offer to the Buyer's email address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by the buyer's confirmation of acceptance of this offer to the Seller to his email address specified in these Business conditions.

7. All orders received by the Seller are binding. The Buyer can cancel the order until the Buyer receives a notification of receipt of the order by the Seller. The Buyer can cancel the order by phone at the phone number or email of the Seller specified in these business conditions.

8. In the event that there is an obvious technical error on the part of the Seller when stating the price of goods in the online store or during ordering, the Seller is not obliged to deliver the goods to the Buyer at this obviously wrong price, even if the Buyer was sent an automatic confirmation of receipt of the order in accordance with these business conditions. The Seller informs the Buyer of the error without undue delay and sends the amended offer to the Buyer to his email address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by a confirmation of acceptance by the Buyer to the email address of the Seller.

9. In the event that there was an obvious technical error on the part of the Seller when indicating the availability of the goods in the online store, or during the ordering process and the Seller is unable to deliver the ordered goods to the Buyer due to the unavailability of the goods, the Seller is entitled to cancel the order without compensation; the Seller shall inform the Buyer of this fact without undue delay.

 

IV. Customer's account

1. Based on the Buyer's registration made in the online store, the Buyer can access his customer account. The Buyer can order goods from his customer account. The Buyer can also order goods without registration.

2. When registering in the customer's account and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the user account upon any change. The data provided by the Buyer in the customer's account and when ordering goods are considered correct by the Seller. 

3. Access to the customer account is secured by username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer account by third parties. 

4. The Buyer is not entitled to allow the use of the customer account to third parties.

5. The Seller may cancel the user account, especially if the Buyer no longer uses his user account or if the Buyer violates its obligations under the purchase contract or these business conditions.

6. The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software.

V. Payment terms and delivery of the goods

1. The price of the goods and any costs associated with the delivery of goods under the purchase contract, the Buyer may pay in the following ways:

• cashless transfer to the bank account of the Seller No. 2802041129/2010, kept at Fio banka, a.s.;
• in person in cash to the Seller, if the Buyer has agreed with the Seller personal collection of goods.

2. Together with the purchase price, the Buyer is obliged to reimburse the Seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price further means the purchase price together with the costs associated with the delivery of the goods.

3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within three (3) working days from the conclusion of the purchase contract.

4. In the case of payment through the payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.

5. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.

6. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before sending the goods is not a deposit.

7. After processing the delivered order, the Seller issues a tax document to the Buyer - an invoice, which he then sends to the Buyer via e-mail.

8. The goods are delivered to the Buyer to the address specified by the Buyer in the order; personal collection of goods is possible by prior arrangement with the Seller.

9. The choice of the method of delivery of goods is made by the Buyer during the ordering of goods.

10. The costs of delivery of goods depending on the method of dispatch and receipt of goods are specified in the Buyer's order and in the order confirmation by the Seller. If the mode of transport is contracted on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.

11. 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 over the goods upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.

12. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the consignment, the Buyer does not have to take over the consignment from the carrier.

13. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the Buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.

VI. Withdrawal from the purchase contract

1. The Buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.

2. The period for withdrawal from the purchase contract is 14 days:

• from the date of receipt of the goods;
• from the date of receipt of the last delivery of goods, if the subject of the purchase contract is several types of goods or delivery of several parts of goods;
• from the day of taking over the first delivery of goods, if the subject of the purchase contract is a regular repeated delivery of goods.

3. In order to comply with the deadline for withdrawal from the purchase contract, the Buyer must send the Seller a statement of withdrawal within the deadline for withdrawal from the purchase contract according to item 2 of this article.

4. Withdrawal from the purchase contract will be sent by the Buyer to the email or delivery address of the Seller specified in these business conditions. The Seller will confirm to the Buyer the receipt of the e-mail of withdrawal without delay.

5. The Buyer who withdrew from the purchase contract is obliged to return the goods to the seller within 14 days of withdrawal from the purchase contract. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned due to their nature by regular mail.

6. If the Buyer withdraws from the purchase contract, the Seller will return the purchase price of the goods he received from him without delay, but no later than within 14 days of the withdrawal from the purchase contract. The Seller will return the received funds to the Buyer in another way only if the Buyer agrees and if the buyer does not incur additional costs.

7. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the buyer hands over the goods in the condition under item 8 of this article.

8. The goods must be returned by the buyer to the Seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for damages incurred to the goods against the Buyer's claim for a refund of the purchase price.

9. The Seller is not obliged to accept the return of goods from which the Buyer has removed a special packaging that gives the goods a specific character (e.g. gift packaging, limited edition packaging, protective packaging from goods used to store collections) and the removal of which reduced the value of the goods .

10. The Seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The Seller shall immediately inform the Buyer by e-mail specified in the order and return within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the purchase contract, in the same way or in the manner specified by the Seller.

VII. Defective performance rights

1. The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time the Buyer took over the goods:

• the goods have the characteristics agreed upon by the contracting parties and, in the absence of an agreement, have the characteristics described or expected by the Buyer with regard to the nature of the goods and the advertising made by them;
• the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used;
• the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model;
• the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations.

2. The Seller shall have obligations arising from defective performance at least to the extent that the obligations arising from defective performance by the manufacturer persist. The Buyer is otherwise entitled to exercise the right to a defect that occurs in the consumer goods within 24 months of receipt of the goods.

3. Where the goods sold, their packaging, instructions accompanying the goods or advertising in accordance with other legislation indicate the period during which the goods may be used, the provisions of the quality guarantee shall apply. As a guarantee of quality, the Seller undertakes that the goods will be fit for normal use for a certain period of time or that they will retain their usual properties. If the Buyer has rightly accused the Seller of a defect in the goods, the period for exercising the rights from the defective performance or the warranty period does not run for the period during which the Buyer cannot use the defective goods.

4. The provisions referred to in the preceding item of this article shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by their normal use, to used goods for a defect corresponding to the degree of use or wear takeover by the Buyer, or if it follows from the nature of the goods. The right of defective performance does not belong to the Buyer, if he knew before taking over the goods that the goods were defective, or if the Buyer himself caused the defect.

• In the event of a defect, the Buyer may submit a complaint to the Seller and request: exchange for new goods,
• a reasonable discount from the purchase price,
• withdrawal from the purchase contract.

5. The Buyer has the right to withdraw from the purchase contract:

• if the goods have a substantial defect,
• if the item cannot be used properly due to the recurrence of the defect or defects after repair,
• in case of a larger number of defects of the goods.

6. A breach of the purchase contract is substantial, of which the party in breach of the purchase contract contracted at the time of concluding the purchase contract already knew or should have known that the other party would not have entered into the purchase contract if it had foreseen such breach.

7. In the case of a defect that means a minor breach of the purchase contract (regardless of whether the defect is remediable or irremediable), the Buyer is entitled to rectify the defect or a reasonable discount on the purchase price.

8. When making a complaint, the Buyer is obliged to inform the Seller which right he has chosen. A change of option without the Seller's consent is only possible if the Buyer has requested a correction of the defect, which proves to be irremediable. If the Buyer does not choose his right from a material breach of the purchase contract in time, he has the same rights as in the case of a minor breach of the purchase contract.

9. If the exchange of goods is not possible, upon withdrawal from the purchase contract, the Buyer may demand a refund of the purchase price in full.

10. If the Seller proves that the Buyer knew about the defect of the goods before taking over or caused it himself, the Seller is not obliged to comply with the Buyer's claim.

11. The Buyer cannot claim discounted goods for the reason for which the goods are discounted.

12. The Seller is obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, or in the registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer about when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as confirmation of the date and method of handling the complaint or written justification.

13. The Seller or an employee authorized by him will decide on the complaint immediately, in complex cases within 3 working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints must be settled immediately, no later than 30 days from the date of the complaint, unless the Seller agrees with the Buyer on a longer period. The expiration of this period in vain is considered a material breach of the purchase contract and the Buyer has the right to withdraw from the purchase contract. The moment of the Buyer's will (the exercise of the right from defective performance) to the Seller is considered to be the moment of the claim.

14. The Seller informs the Buyer in writing about the result of the complaint.

15. The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over the thing that the thing has a defect, or if the Buyer caused the defect himself.

16. In the case of a justified complaint, the Buyer has the right to reimbursement of reasonable costs incurred in connection with the complaint. The Buyer can exercise this right from the Seller within 1 month after the expiration of the warranty period, otherwise the court does not have to grant it.

17. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by 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.

18. Other rights and obligations of the contracting parties related to the Seller's liability for defects are regulated by the Seller's complaint procedure.

VIII. Delivery

1. The Contracting parties may communicate all written correspondence to each other by electronic mail.

2. The Buyer delivers correspondence to the Seller to the email address specified in these business conditions. The Seller delivers correspondence to the Buyer to the email address specified in his customer account or in the order.IX. Personal data1. All information you provide in our cooperation is confidential and we will treat it as such. If you do not give us written permission, we will not use your data for any purpose other than for the purpose of performance under the purchase contract, except for the email address to which business communications may be sent to you, as this is permitted by law unless you refuse. These communications may only concern similar or related goods and may be unsubscribed at any time in a simple manner (by sending a letter, email or by clicking on a link in the commercial communication). The email address will be kept for this purpose for a period of 3 years from the conclusion of the last purchase contract between the contracting parties.

 3. More detailed information on personal data protection can be found in the Privacy Policy document located on our e-shop.

IX. Out-of-court dispute resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company Identification Number: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

2. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).

3. The Seller is entitled to sell goods on the basis of a trade license. The trade license control is performed by the relevant trade licensing office within its competence. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

X. Final Provisions

1. All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the contracting parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the Buyer's rights arising from generally binding legal regulations.

2. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of the provisions of § 1826 par. e) of the Civil Code.

3. All rights to the Seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.

4. The Seller is not responsible for errors caused by third party interventions in the online store or as a result of its use contrary to its purpose. When using the online store, the Buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store, or its parts or software in such a way that would be contrary to its purpose.

5. The Buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

6. The purchase contract, including the business conditions, is archived by the Seller in electronic form and is not accessible.

7. The wording of the business conditions may be amended or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the business conditions.

8. A model form for withdrawal from the purchase contract is attached to the business conditions.

These business conditions take effect on 9.5.2022.