Terms and Conditions
1. Definition of terms
Terms and Conditions
These general terms and conditions (hereinafter referred to as the “Terms and Conditions”) govern the rights and obligations of the parties arising in connection with the sale of KSafran products on the Internet at www.ksafran.com.
These terms and conditions are an integral part of the purchase contract concluded between Karolina Šafránková, as the seller, and the customer, as the buyer, which they conclude together when selling goods on the Internet at www.ksafran.com. The purchase contract is concluded in the language in which the customer places the order on the website www.ksafran.com.
Seller
The seller is Karolina Šafránková, with its registered office at Argentinská 868/5, 170 00, Prague 7 – Holešovice, Company ID No.: 03499651 (hereinafter referred to as the “Seller”), registered in the Trade Register.
Supervisory authority pursuant to Section 71(2) of the Czech Trade Licensing Act: Prague 7 Municipal District Office.
Seller’s contact details
Postal address for delivery: Karolina Šafránková, Argentinská 868/5, 170 00, Prague 7 – Holešovice
E-mail: info@ksafran.com
Customer
A customer is a user of an online shop who is a consumer or a trader. A consumer is a natural person who, when concluding a purchase contract, is not acting in the course of his/her trade or other business activity or in the course of the independent exercise of his/her profession (hereinafter referred to as “consumer”).
2. Order and conclusion of the purchase contract
Order binding
All orders placed via the electronic form on the Seller’s website are binding. By submitting such an order, the customer confirms that he/she has read and agrees to these terms and conditions as well as the Complaints Policy.
Order validity
The validity of an electronic order via the electronic form on the seller’s website is subject to the completion of all the data and requirements prescribed by the form.
Conclusion of the purchase contract with the customer – consumer
If the customer is a consumer, the purchase contract is concluded when the customer sends an order via an electronic form on the seller’s website and the seller confirms the order to the customer via e-mail.
Modification of the Purchase Contract
The Purchase Contract (including the agreed price) may be modified or cancelled only by agreement of both parties, for reasons specified in these Terms and Conditions or for legal reasons.
Conclusion of the purchase contract with the customer – entrepreneur
If the customer is an entrepreneur, the order of goods sent by him through the electronic form on the Seller’s website is a proposal for the conclusion of a purchase contract and the purchase contract is concluded at the moment of delivery of a binding confirmation of acceptance of the order by the Seller to the customer entrepreneur.
Place of delivery of the customer-consumer
In the case of a consumer customer, the place of delivery of the goods is the address specified by the customer in the order form.
Ownership of the goods
Ownership of the goods is transferred to the customer upon receipt of the goods and payment of the purchase price.
Prices
All prices are final including VAT. All prices including promotional prices and offers are valid until further notice or while stocks last. The Seller will ensure that the published offer is up to date without undue delay. Discounts, special offers and any personal discounts cannot be combined or added together unless otherwise stated.
Order cancellation
The customer can cancel the order by e-mail or by phone within 24 hours from the time the order was placed. The condition for cancelling an order is to provide contact details. Cancellation of the order is confirmed to the customer by an informative email.
Withdrawal from the contract by the seller
The seller may withdraw from the purchase contract within 48 hours from the delivery of the consumer’s order/confirmation of the business customer’s order, in the event that the ordered goods are out of stock, no longer in production or otherwise unavailable.
3. Delivery terms
Delivery of goods
The goods are delivered within the Czech Republic by the company Zásilkovna s.r.o., IČO 28408306, with its registered office at Českomoravská 2408/1a, Prague 9, Postal Code 190 00 (hereinafter referred to as the “carrier”), to the delivery address specified by the customer in the order form.
Perfume samples are sent via the Czech Post.
Shipments to other European Union countries are sent via verified carriers, always taking into account the destination and the most suitable delivery method available. We will inform the customer by e-mail after the shipment has been dispatched about the shipping method and tracking options.
Price of postage
The customer is informed about the price of postage during the order placed via an electronic form on the seller’s website.
Delivery date
The carrier will contact the customer by e-mail or SMS regarding the delivery date. After unsuccessful delivery, the parcel will be returned to the seller.
Customer Declaration
The customer acknowledges that:
1. The ordered goods are sent via the carrier who carries out the delivery of the goods.
2. The ordered goods are generally dispatched within 5 working days of receipt of payment. The seller informs the customer at his e-mail address about the dispatch of the goods. If the ordered goods are not in stock, the seller contacts the customer by e-mail and suggests further action, e.g. other fulfillment or extension of the delivery time. In this case, the customer also has the option to withdraw from the contract.
3. The transport, the method of delivery, the method of notification of delivery, the date and place of receipt of the shipment shall be in accordance with the terms and conditions of the carrier.
4. The Seller shall issue an invoice (accounting document) to the Customer in electronic form, which will be sent to the e-mail address provided in the order. The invoice is not enclosed with the shipment in paper form. This document also serves as a warranty document.
5. If the customer does not collect the goods at the delivery address indicated by him and the goods are returned to the seller, the seller is entitled to withdraw from the contract. In this case, the Seller is entitled to unilaterally offset the amount representing the costs incurred by the Customer for delivery of the goods against the compensation for damages incurred by the Seller due to the breach of the Customer’s obligation to take delivery of the goods (this arrangement is without prejudice to the Seller’s right to compensation for damages incurred by the Seller in excess of the amount of the costs of delivery of the goods). With the Customer’s consent, the Seller shall deliver the goods to the Customer again, however, at the Customer’s expense and only after receiving payment of these costs.
Method of payment
The customer pays the purchase price by transferring the purchase price to the seller’s account under the appropriate variable symbol, which the seller will notify the buyer in the e-mail confirming the order made by the buyer through the electronic form on the seller’s website.
The customer is obliged to take delivery of the goods within the time specified in the purchase contract or otherwise specified or agreed with the seller.
4. Complaints and guarantee of goods
Legal regulations
If the customer is a consumer, the complaint is governed by Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) and Act No. 634/1992 Coll., on Consumer Protection, taking into account the clarifications in these Complaints Regulations.
If the customer is an entrepreneur, the seller’s liability for defective performance is governed by the Civil Code.
Address for sending the claimed goods
The address for sending the claimed goods is the seller’s registered office: Karolina Šafránková, with registered office at Argentinská 868/5, 170 00, Prague 7 – Holešovice.
Customer Obligations
If the goods show visible signs of damage at the time of delivery, the customer is entitled not to accept the goods. Upon receipt, the customer is obliged to inspect the delivered goods and inform the seller of any defects found by e-mail to info@ksafran.com.
In order for the complaint to be properly processed, the customer is obliged to deliver the complained goods to the seller by post (as a commercial package) to the address given above. The complained goods cannot be sent on delivery. The customer is obliged to provide a brief description of the defect when making a claim.
Obligations of the Seller
Complaints including defects will be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Customer agree otherwise.
Customer’s rights from defective performance
In case of defective goods, the customer has rights from defective performance within the meaning of § 2161 et seq. of the Civil Code.
For selected goods, the seller provides the customer with a guarantee that the goods are free from defects upon receipt.
Unless otherwise specified below, Sections 2161 et seq. of the Civil Code shall apply mutatis mutandis to the creation, content and process of exercising rights under the guarantee.
The warranty period begins on the date of receipt of the goods by the customer. The length of the warranty period is indicated on the packaging of the goods. If the warranty (warranty period) is not indicated on the packaging of the goods, the seller does not provide a warranty and the customer has rights from defective performance within the meaning of § 2161 et seq. of the Civil Code.
The warranty does not cover defects caused by careless or improper handling or normal wear and tear. The right to exercise warranty rights shall be extinguished, inter alia, in the following cases:
1. If the warranty period for the claimed goods has expired before the date of the claim – the warranty is void.
2. The defect is caused by improper use of the goods.
3. The defect is caused by failure to follow the instructions provided by the manufacturer.
4.The defect was caused by improper installation, handling, operation, or neglect of the goods.
5. The defect was caused by unauthorized tampering with or other alterations to the goods without the manufacturer’s permission.
6. The goods were damaged by the elements.
In the case of a justified complaint, the customer is entitled to compensation for the costs of delivery of the claimed goods to the seller, in the form of postage in the necessary amount. The Parties agree that the Seller shall reimburse the Customer for the reasonable costs of delivery of the claimed goods to the Seller only on the basis of a tax document proving the amount of the actual delivery costs incurred.
When a new item is delivered, the customer shall return the original item to the seller at the seller’s expense.
In the event of termination of the contract due to a legitimate claim for goods that have been paid for in whole or in part by means of a bonus voucher, the customer will be credited with a new bonus in the amount corresponding to the amount that was used to pay for the legitimately claimed goods from the bonus.
In the event of an unjustified claim, the customer is not entitled to compensation for his costs associated with the settlement of the claim, nor is the seller entitled to compensation for the costs incurred on his side.
5. Withdrawal from the purchase contract (return of goods)
Withdrawal from the contract of the customer-consumer
The customer-consumer has the right to withdraw from the contract concluded by means of distance communication within 14 days of receipt of the goods without giving any reason. The withdrawal period starts on the day following the day on which the goods are received by the consumer customer.
In order to exercise the right to withdraw from the contract, the consumer must inform the seller of his decision to withdraw from the contract in the form of an unequivocal statement, either by letter sent to the seller’s registered office or by e-mail to info@ksafran.com.
If the consumer chooses to exercise the right to withdraw, the withdrawal must be sent to the seller before the 14-day withdrawal period has expired.
The consumer is obliged to return the goods without undue delay, no later than within 14 days of withdrawal from the contract, complete, with full documentation, undamaged, clean, in the original packaging intact, in the condition and value in which the goods were received. If the returned goods are incomplete, used or damaged, the seller may reduce the purchase price by an amount corresponding to the cost of restoring the goods to their original condition and the damage to the goods. The money for the returned goods will be refunded to the consumer within 14 days from the effective date of withdrawal by bank transfer to the account communicated to the seller in writing.
Due to the nature of the goods offered on the seller’s website (cosmetic products), the seller stresses that it is not possible to withdraw from the purchase contract for the delivery of goods in unsealed packaging (protective film) that the consumer has removed from the packaging and cannot be returned for hygienic reasons.
Cost of returning the goods
In the event of withdrawal from the contract, the consumer bears the costs of returning the goods to the seller. All documents, including the invoice, must be attached to the shipment by which the goods are returned, or the origin of the purchase contract must otherwise be proven beyond doubt. The Seller is not obliged to return the funds received to the Consumer Customer before the Consumer Customer has delivered the goods to the correct contact address above.
6. Out-of-court dispute resolution
In the event of a dispute arising from a purchase contract between a consumer and a seller that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such a dispute to a consumer dispute resolution body, which is:
Czech Trade Inspection
Central Inspectorate – ADR Department
Štěpánská 15
120 00 Prague 2
E-mail: adr@coi.cz
Internet address: adr.coi.cz
The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
7. Final provisions
Disclosure
These terms and conditions are available on the Seller’s website at www.ksafran.com.
Acceptance of the Terms and Conditions by the Customer
By submitting an electronic order via the electronic form on the Seller’s website, the Customer accepts without reservation all provisions of the Terms and Conditions in the version valid and effective on the date of sending the order.
Change of Terms and Conditions
The Seller reserves the right to unilaterally change these Terms and Conditions, and the Seller is obliged to publish the full text of the valid Terms and Conditions on its website.
Legal regulations
All legal relations in connection with the purchase contract are governed by the law of the Czech Republic and any legal disputes arising from these legal relations will be decided by Czech courts.
State supervision authority
The state supervision authority to which the seller’s business activities are subject is the Czech Trade Inspection Authority, Inspectorate for the Central Bohemia Region and the Capital City of Prague. Prague, Štěpánská 567/15, Prague 2, 120 00.
These terms and conditions shall come into force and effect on 1.4.2025.