Terms and Conditions

CONTENTS

A. INTRODUCTORY PROVISIONS
B. SALE OF GOODS THROUGH THE ONLINE STORE
C. SALE OF GOODS IN STORES
D. WARRANTY PERIOD AND COMPLAINTS
E. JOINT AND FINAL PROVISIONS

     

    A. INTRODUCTORY PROVISIONS

    Dear customers, these terms and conditions regulate the basic rights and obligations of the seller and the buyer in the sale of goods, either directly in our stores or through our online store (e-shop).

    Regardless of the different legal regulations for such sales methods, the provisions of the terms and conditions governing the basic legal framework for the warranty period and complaints apply without exception to both sales in stores and through the e-shop.

    1. INTRODUCTORY PROVISIONS

    1.1 These terms and conditions (hereinafter referred to as "terms and conditions") of the company KVEDU Praha s.r.o., with its registered office at Na Příkopě 1047/17, 110 00 Prague – Staré Město, ID No.: 24768031, VAT No.: CZ 24768031, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Entry No. 172699 (hereinafter referred to as "seller"), regulate, in accordance with the relevant provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as "purchase contract") concluded between the seller and another natural person (hereinafter referred to as "buyer") for sales in stores (brick-and-mortar shops) and through the seller's online store.

    The seller's stores are located at the following addresses:

    • Na Příkopě 1047/17, 110 00 Prague 1 – Staré Město,
    • Staroměstské náměstí 932/6, 110 15 Prague 1 – Staré Město;

    (hereinafter referred to as "establishments" or "stores").

    The online store is operated by the seller on the website located at the internet address www.dusak.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store's web interface").

    1.2. The terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting within the scope of their business activity or within the scope of their independent professional practice when ordering goods.

    1.3. Provisions deviating from the terms and conditions may be agreed upon in the purchase contract. Deviating agreements in the purchase contract shall take precedence over the provisions of the terms and conditions.

    1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in Czech. The purchase contract can be concluded in Czech.

    1.5. The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the terms and conditions.

     

      B. SALE OF GOODS THROUGH THE ONLINE STORE

      2. USER ACCOUNT

      2.1. Based on the buyer's registration on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as "user account"). If the store's web interface allows it, the buyer can also place orders for goods directly from the store's web interface without registration.

      2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data entered in the user account in case of any change. The data entered by the buyer in the user account and when ordering goods are considered correct by the seller.

      2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account and acknowledges that the seller is not responsible for any breach of this obligation by the buyer.

      2.4. The buyer is not authorized to allow third parties to use the user account.

      2.5. The seller may cancel the user account, especially if the buyer does not use their user account for more than 12 months, or if the buyer breaches their obligations under the purchase agreement (including the terms and conditions).

      2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.

      2.7. The buyer acknowledges that the software and other components forming the store's web interface (including photographs of the offered goods) are protected by copyright. The buyer undertakes not to carry out any activity that could allow him or third parties to unlawfully interfere with or unlawfully use the software or other components forming the store's web interface.

      2.8. The buyer is not authorized to use mechanisms, software, or other procedures that could negatively affect the operation of the store's web interface when using the store's web interface. The store's web interface may only be used to an extent that does not infringe upon the rights of other customers of the seller and that is in accordance with its intended purpose.

      2.9. The buyer acknowledges that the seller is not responsible for errors caused by third-party interference with the website or as a result of using the website contrary to its intended purpose. 

      3. CONCLUSION OF THE PURCHASE AGREEMENT

      3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase agreement regarding these goods.

      3.2. The store's web interface contains information about the goods offered by the seller for sale, including the prices of individual goods offered. The prices of the offered goods are listed including value added tax and all related fees. The offer of goods for sale and the prices of these goods remain valid as long as they are displayed on the store's web interface. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions.

      3.3. The store's web interface also contains information about the costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods provided on the store's web interface is valid only in cases where the goods are delivered within the territory of the Czech Republic.

      3.4. To order goods, the buyer fills out an order form on the store's web interface. The order form contains especially information about:

      • the ordered goods (the buyer "places" the ordered goods in the electronic shopping cart of the store's web interface),
      • the method of payment of the purchase price of the goods, details of the requested method of delivery of the ordered goods, and
      • information about the costs associated with the delivery of goods (hereinafter collectively referred to as "order").

      3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also with regard to the possibility for the buyer to identify and correct errors made during data entry into the order. The buyer sends the order to the seller by clicking on the "ORDER" button. The data provided in the order are considered correct by the seller. After sending the order, the buyer will receive an automatic confirmation of its acceptance to the e-mail address provided by him (hereinafter referred to as "buyer's electronic address").

      3.6. The order is considered accepted by the seller after 48 hours from its receipt, unless the seller or the buyer makes any subsequent modifications during this time. The purchase contract is concluded upon the seller's acceptance of the order. Any modifications to the order can be made via electronic communication, using the buyer's and seller's electronic addresses. If the end of the 48-hour period for order acceptance falls on a Saturday, Sunday, or public holiday, the last day of the period will be the next working day. In the case of subsequent modifications to the order, a new 48-hour period for its acceptance will begin from the moment all changes are agreed upon by both the seller and the buyer.

      3.7. The buyer agrees to the use of remote communication means for concluding the purchase contract. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer.

      3.8. The buyer acquires ownership of the goods upon payment of the entire purchase price of the goods.

      4. PRICE OF GOODS AND PAYMENT TERMS

       4.1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement to the seller in the following ways:

      4.2. Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

      4.3. The purchase price is payable within 14 days from the date of conclusion of the purchase agreement, as further specified in Article 3.6 of the terms and conditions. The goods will be dispatched only after the full purchase price has been paid.

      4.4. In the case of a cashless payment by bank transfer, the buyer is obliged to specify the payment using a variable symbol, which will be sent to their e-mail address along with the acceptance of the order. In the case of cashless payments, the buyer's obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the seller's account.

      4.5. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

      4.6. The seller will issue a tax document – invoice to the buyer regarding payments made under the purchase agreement. The seller is a VAT payer. The seller will issue the tax document – invoice to the buyer after payment of the price of the goods and send it in electronic form to the buyer's electronic address.

      5. WITHDRAWAL FROM THE PURCHASE AGREEMENT, TERMINATING CONDITION

      WITHDRAWAL BY CONSUMER

      5.1. If the buyer is also a consumer and if the purchase contract is concluded through remote communication (e-shop, e-mail), the buyer has the right to withdraw from the purchase contract within fourteen (14) calendar days of receiving the goods. The buyer may exercise the right to withdraw from the contract using the form available at: https://www.coi.cz/faq/e-jak-by-melo-odstoupeni-od-smlouvy-vypadat/, or in another written form, to the delivery address of the seller's registered office or by sending it via email to: prodejna@dusak.cz. The seller will always confirm to the buyer the receipt of the buyer's notification of withdrawal from the contract.

      TERMINATING CONDITION

      5.2. The buyer acknowledges that if the purchase price of the goods is not paid properly and on time after the conclusion of the purchase agreement, i.e., in full and within the payment deadline, the purchase agreement is cancelled from the beginning, and the rights and obligations arising therefrom automatically cease to exist.

      5.3. If a gift is provided to the buyer together with the goods, in such a case, the gift contract between the seller and the buyer is concluded with a condition subsequent, meaning that if the buyer withdraws from the purchase contract, the gift contract regarding such gift ceases to be effective, and the buyer is obliged to return the provided gift to the seller along with the goods.

      RETURN OF GOODS TO THE SELLER

      5.4. In the event of withdrawal from the contract in accordance with Article 5.1 of the terms and conditions, the purchase contract is cancelled from the beginning, and the buyer is obliged to return the goods to the seller no later than fourteen (14) calendar days from the date on which they informed the seller of their decision to withdraw from the purchase contract. If the buyer withdraws from the purchase contract, the buyer bears all direct costs associated with returning the goods to the seller, even in cases where the goods cannot be returned by ordinary mail due to their nature. In cases where the goods cannot be returned by ordinary mail due to, for example, their high value and the associated insurance limit for transported items, the seller recommends using the services of the PPL shipping company, with which it has a framework agreement due to the specific nature of the goods (watchmaking goods, jewelry), and such a procedure is set out here: https://www.ppl.cz/vratit-zbozi and transport costs are listed in the price list available here: https://www.ppl.cz/ke-stazeni-osoby.

      5.5. The buyer acknowledges that the goods received from the seller, especially watches, their accessories, and jewelry, as well as other watch and jewelry items (hereinafter collectively referred to as "goods"), due to their high value and precise craftsmanship, require special attention and care from the buyer. The buyer is also warned of this fact in the instruction manual (e.g., damage to the watch movement due to incorrect procedure when setting the date hand, etc.)   

      5.6. In connection with the buyer's right to withdraw from the contract according to Article 5.1 of the terms and conditions, which serves exclusively to familiarize the buyer with the properties and functionality of the goods, the buyer is obliged to compensate the seller for any reduction in the value of the goods, for which the buyer exercises the right to withdraw from the contract, which would occur due to the use of the goods beyond the scope mentioned above. In order for the consumer to familiarize themselves with the properties and functionality of the goods, they should handle and inspect them only in such a way as would be permitted in a store during personal handover, as stated in Article 6.2 of the terms and conditions. The buyer is further obliged to compensate the seller for any reduction in the value of the goods, for which the buyer exercises the right to withdraw from the contract according to Article 5.1 of the terms and conditions, which would occur as a result of improper handling of the item.

      5.7. With regard to the above, the buyer acknowledges that they are obliged to return the goods to the seller undamaged, unworn, unsoiled and, if possible, in their original packaging. The buyer expressly acknowledges that in the event that the goods are delivered together with a gift box and gift box packaging, or in any other gift packaging, the buyer is obliged to return the goods together with the aforementioned gift packaging, box, or other gift packaging. In the event of returning the goods, the buyer is also obliged to return to the seller all instructions, manuals, registration and gift cards that they received together with the goods. The goods must be returned to the seller without any signs of wear (e.g., wristwatches), damage, or attempts at intrusion or installation (e.g., in the case of wall clocks). The buyer acknowledges that any possible reduction in the value of the returned goods, as stated in Articles 5.6 and 5.7 of the terms and conditions, is always checked by the seller's authorized service center when returned. The seller is entitled to unilaterally offset any claim for damages arising on the goods, or reduction of their value according to Article 5.6 of the terms and conditions, against the buyer's claim for reimbursement of the purchase price.

      REFUND TO THE BUYER

      5.8. In the event of withdrawal from the contract according to Article 5.1 of these terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) calendar days of withdrawal from the purchase contract, using the same method by which the seller received them from the buyer. The seller is not obliged to return the received funds before the buyer returns the goods to them or proves that they have sent the goods to the seller, which the buyer can prove with documents, an exemplary list of which is provided in Article 12.4 of these terms and conditions. In case the purchase price for the goods is credited via a payment gateway, the buyer is obliged to inform the seller of the account number to which the returned funds can be transferred.

      6. TRANSPORT AND DELIVERY OF GOODS

      6.1. The Seller hands over all ordered goods only after full payment of the purchase price. Goods can be handed over either in person at the Seller's stores, after prior agreement on the place and time of collection, or through a carrier. Transport of goods through a carrier is paid for by the Buyer. For the purpose of transporting goods and their specific properties (watchmaking goods, jewelry, etc.), the Seller has concluded a framework contract for transport with PPL. The transport price is listed in the web interface of the store for specific goods.

      6.2. The Seller will confirm to the Buyer via their email address the handover of the goods to the carrier. The Buyer will be informed directly by the carrier regarding the specific delivery date of the goods. In the case of personal handover at the Seller's store, the Buyer will be introduced to the handed over goods in an appropriate manner with an emphasis on preventing damage or even the slightest signs of wear or tear.

      6.3. If, according to the purchase contract, the seller is obliged 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 buyer's side it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different method of delivery.

      6.4. 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, notify the carrier immediately. In the event of finding a breach of the packaging indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the packaging of the shipment containing the goods was intact and any subsequent complaint regarding the breach of the packaging of the shipment cannot be taken into account.

      6.5. Other rights and obligations of the parties during the transport of goods may be regulated by the seller's special delivery conditions, if issued by the seller.

      C. SALE OF GOODS IN STORES

      7.1. The buyer acquires ownership of the sold goods at the moment of their receipt from the seller. The buyer will receive a document confirming the purchase of the goods.

      7.2. Before the sale is concluded and immediately after taking over the goods, the buyer has the right to have the goods inspected by the seller or to have their functions demonstrated in order to familiarize themselves with the goods and demonstrate their functions.

      7.3. The seller is further obliged, if requested by the buyer, to inform them in writing, for example, in the form of a warranty card, certificate or guarantee card, about the scope and duration of their obligations in case of defective performance. This information may be contained in the document confirming the purchase of the goods.

      7.4. The seller guarantees to the buyer that at the moment of takeover, the goods are free of defects and that at this moment the goods have the agreed properties, in accordance with the agreement between the buyer and the seller corresponding to the nature of the goods.

      7.5. The buyer may pay the price of the goods under the purchase agreement to the seller by cashless transfer via payment card, or payment may be made in cash up to the limit of CZK 270,000 after prior agreement between the seller and the buyer.

      7.6. According to the Sales Records Act (EET), the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received sales with the tax administrator online; in case of a technical outage, then no later than within 48 hours.

      D. WARRANTY PERIOD AND COMPLAINTS

      8. WARRANTY PERIOD

      8.1. The buyer is entitled to assert a claim for defects that appear in the goods within the warranty period of 24 months from their receipt.

      8.2. However, the buyer is not entitled to assert a claim for defects with the seller even within the warranty period in the case of wear and tear of the goods caused by their normal use and in cases where, due to the nature of the goods, their lifespan is shorter than the warranty period, even with due care.

      8.3. Furthermore, the seller is not liable for defects in the goods caused by the buyer, whether by their actions or inactions, which lead to a state of the goods that does not comply with the contract standards, meaning that the emergence of a defect in otherwise faultless goods is due to the buyer's conduct, which is either grossly negligent or careless, or such conduct that deviates from the procedure according to the product's instruction manual, including the seller's instructions and explanations.

      9. COMPLAINTS

      9.1. The seller is obliged to accept complaints at any establishment where the acceptance of complaints is possible with regard to the assortment of goods sold, or at the seller's registered office. For this purpose, an employee authorized to handle complaints is present at such an establishment during its entire operating hours.

      9.2. The seller is obliged to issue the buyer with a written confirmation stating when the buyer asserted the right, what the content of the complaint is and what method of handling the complaint the buyer requests, including all possible obvious external defects and damages to the goods that can be identified with due care during a cursory inspection of the goods taken for complaint. If the buyer omits to state the desired method of handling the complaint when identifying the defect, the seller shall instruct them on this fact as part of their information obligation.

      9.3. In the event of a defect in the goods within the warranty period, the buyer has the right to have it removed free of charge, unless otherwise stipulated by these complaint regulations, and that in the mutually conditional methods of handling complaints listed below, always taking into account the specific type of goods and the nature of the defect.

      9.4. The buyer has the right to repair the goods, or their part. Repair of the goods means the repair of the entire item, or the replacement of a single component.

      9.5. The buyer has the right to exchange the goods or their part if repair of the goods is not possible due to the nature of the defect and the type of goods. The buyer has the right to exchange the goods without further conditions if the goods show a defect even after the second repair. Furthermore, the buyer has the right to exchange the goods without further conditions if the goods show a large number of defects already during the first use.

      9.6. The buyer has the right to a reasonable discount from the price of the goods if repair of the goods or their part is not possible, or if exchange of the goods or their part is not possible.

      9.7. The buyer also has the right to withdraw from the purchase agreement if repair of the goods or their part is not possible, or if exchange of the goods or their part is not possible. The buyer has the right to withdraw from the purchase agreement without fulfilling further conditions if a defect occurred in the goods even after the second repair. The buyer has the right to withdraw from the purchase agreement without fulfilling further conditions if a larger number of defects occurred in the goods already during the first use.

      9.8. In the event of withdrawal from the purchase agreement, it is cancelled from the beginning and the seller and buyer are obliged to return the performances provided to each other.

      10. HANDLING OF COMPLAINTS BY THE SELLER

      10.1. The complaint, including the removal of the defect, will be settled without undue delay, no later than within 30 days from the date of filing the complaint, unless the seller and the buyer agree on a longer period.

      10.2. In the event that the seller does not recognize the complaint as justified, for whatever reason, the complaint will be properly settled at the moment when the seller notifies the buyer in writing or in person within 30 days from the date of filing the complaint about how the complaint was handled.

      10.3. A condition for the proper and timely handling of the complaint is that the buyer provided the seller with the required necessary cooperation for the handling of the complaint, meaning, in particular, that they allowed the seller to inspect the complained goods.

      10.4. The seller shall issue the buyer with a confirmation of the date and method of handling the complaint, including confirmation of the repair carried out and its duration, or a written justification for the rejection of the complaint.

      10.5. The fruitless expiry of the 30-day period for handling a complaint is considered a material breach of contract, on the basis of which the buyer is entitled to withdraw from the purchase contract and demand a refund of the purchase price.

      11. CONSEQUENCES OF UNCOLLECTED GOODS AFTER COMPLAINT RESOLUTION

      11.1. In the event that the buyer provided the seller with contact details and did not collect the goods back after the complaint was settled without undue delay, the seller will notify the buyer in writing of the intended sale of the goods and set an alternative deadline for collecting the goods, while this deadline must not be shorter than 1 month. After the fruitless expiry of the deadline, the seller is entitled to sell the goods in any way and will seek to achieve a reasonable price for the sale of the goods, while the seller is also entitled to take over the goods at the market price.

      11.2. In the event that the buyer did not provide the seller with contact details or is difficult to reach and did not collect the goods even after 6 months after the complaint was settled, the seller is entitled to sell the goods even without written notification to the buyer of the intended sale of the goods.

      11.3. The seller is entitled to use part of the proceeds from the sale of the goods to cover reasonably incurred costs associated with the storage of the goods and is obliged to hand over the remaining part of the proceeds from the sale of the goods to the buyer on the basis of their written request.

      E. JOINT AND FINAL PROVISIONS

      12. DELIVERY AND CALCULATION OF TIME

      12.1. Unless otherwise agreed, all correspondence related to the purchase agreement must be delivered to the other contracting party in writing, either by electronic mail, in person, or by registered mail through a postal service provider (at the sender's choice). The buyer is served at the electronic mail address provided in their user account.

      12.2. A message is delivered:

      • in the case of delivery by electronic mail, at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail can be ensured by a certificate,
      • in the case of personal delivery or delivery via a postal service provider, by the recipient's acceptance of the shipment,
      • in the case of personal delivery or delivery via a postal service provider, also by refusing to accept the shipment, if the addressee (or the person authorized to accept the shipment on their behalf) refuses to accept the shipment,
      • in the case of delivery via a postal service provider, upon the expiration of ten (10) days from the deposit of the shipment and the issuance of a notice to the addressee to collect the deposited shipment, if the shipment is deposited with the postal service provider, even if the addressee was not informed of the deposit.

      12.3. All periods and times regulated by these terms and conditions, specified in days, begin on the day following the decisive event for their commencement (receipt of goods, delivery of withdrawal, etc.) and are understood as calendar days including Saturdays, Sundays and holidays, provided that if the last day of the period falls on a Saturday, Sunday or holiday, the last day of the period shall be the next closest working day.

      12.4. In the case of returning goods to the seller and the associated refund to the buyer according to Article 5.8 of the terms and conditions, documents proving the dispatch of the goods intended for return may include a parcel post receipt or a written confirmation from the carrier or freight forwarder of receipt of the shipment, etc., always with at least the following details: (a) sender identification, (b) recipient identification, (c) indication of the date of receipt of the shipment for transport, and (d) a more specific description of the transported shipment, from which it will be unequivocally clear that it concerns goods intended for return.

      13. OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES (ADR)

      13.1. In the event of a consumer dispute arising from a purchase contract between the seller and the buyer that cannot be resolved by mutual agreement, the buyer may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court settlement of consumer disputes, which is:

      Czech Trade Inspection Authority
      Central Inspectorate – ADR Department
      Štěpánská 15
      120 00 Prague 2

      Email: adr@coi.cz

      Web: adr.coi.cz

      14. FINAL PROVISIONS

      14.1. The seller is authorized to sell goods on the basis of a trade license. Trade inspections are carried out within their competence by the relevant trade licensing office. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, to a defined extent.

      14.2. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

      In Prague, May 1, 2022