Retail Terms & Conditions
The present Terms and Conditions shall apply to shopping in the Klasek Tea e-shop. The e-shop is operated by Daniel Klásek, with registered office in Přístavní 28, CZ-170 00 Praha, Company ID: 735 06 591.
The Terms and Conditions shall be binding for both the seller and the buyer; by placing an order and/or by registration, the buyer confirms that he or she studied the Terms and Conditions and that he or she accepts them without reservation.
All contractual relationships shall be concluded pursuant to the laws of the Czech Republic. If a contracting party is a consumer, the relationships not regulated by the Terms and Conditions shall be governed by the Civil Code (No. 40/1964 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). If a contracting party is not a consumer (entrepreneur), the relationships not regulated by the Terms and Conditions shall be governed by the Commercial Code, No. 513/1991 Coll., as amended.
The goods supplier is referred to as the seller, the customer is referred to as the buyer.
Individual purchase contracts are concluded on the basis of an online customer order.
Payment and transportation terms
1. Contact details of the seller
Name: Daniel Klásek
Registered seat / residence: Přístavní 28, Praha 7, 170 00, Czech Republic
Company Number: 73506591
Tax Number: CZ7405291245
Phone: 777 052 974
Contact address: Klasek Tea Shop, Přístavní 39, 170 00 Praha 7, Czech Republic
List of business premises: Klasek Tea Shop, Přístavní 39, 170 00 Praha 7, Czech Republic
Business hours: 0.00–24.00 (e-shop), 1 - 6 pm shop
Access to the wholesale section:
We will be pleased if you make our goods part of the offer of your shop, tea-room, café or restaurant. For such cases we have created a wholesale section with lower prices.
Please register in the business section. If you are already registered with us, just log in and fill out the application to join the wholesale section.
We process the orders immediately, latest within 2 working days.
Information about the goods and pricing stated by the seller are binding − except in cases of obvious errors. Prices are presented including all taxes (such as VAT) and fees, except delivery costs.
Find information about the possible forms of payment here. The seller does not charge any fees connected with different payment methods.
An acceptance of an offer with an addendum or variation is not an acceptance of an offer.
A confirmation of the content of an agreement concluded in a non-written form with variations from the actually agreed content of the agreement has no legal effect.
Acceptance of performance that was not ordered by the buyer is not an acceptance of the offer.
By agreeing to business terms and conditions the buyer agrees with the issuing of an electronic document.
The seller delivers complete goods to the buyer in 15 days from the confirmation of the order at the latest unless there is a different delivery time stated for individual items. If the goods is labelled as “skladem / in stock” the seller will send them within two working days. The buyer must take over and pay for the goods. It is recommended that the buyer checks the delivered goods as soon as possible.
Documents concerning the goods, namely invoices, confirmations and certificates, will be sent to the seller immediately after the handover of the goods, two days from the acceptance of the goods by the consumer.
Upon the buyer's request the seller shall confirm in written form the extent and period of liability for a defective performance and the ways in which the buyer can assert their rights.
Price and delivery (download information here).
If the buyer does not accept the goods within the agreed time as a result of their violation of their obligations, they shall pay to the seller a storage fee of CZK 10 / day, max. CZK 300. After provably notifying the buyer by email and offering them a new reasonable deadline for accepting the goods, the seller is entitled to sell the goods in an appropriate manner. The buyer can offset the indispensable amount of storage costs and costs of ineffective delivery of goods caused by the lack of cooperation on the buyer's side to the proceeds of sales.
4. Order cancellation and withdrawal from the contract
The buyer has the time of 14 days from the acceptance of the goods or the last part of the delivery, regardless of the way of payment or acceptance of the goods, to withdraw from the contract. The time limit is set to allow the buyer to familiarise themselves with the nature, characteristics and functionality of goods.
The buyer is entitled to withdraw from the contract at any time before the delivery of the goods.
The withdrawal from the contract by the buyer shall be sent to the seller within 14 days. The buyer can withdraw from a contract without giving any reason. For easier communication the withdrawal from a contract should state the date of purchase or the number of contract / sales document, bank details and the preferred way of returning the goods.
The seller must return to the buyer the amount fully corresponding to the value of the goods and the cost of delivery within 14 days of withdrawal from the contract, in the same way as the amount was received from the buyer. If the seller offers several possibilities within a particular way of delivery he must pay the buyer the one with the lowest value. By this time at the latest the buyer must send or hand over the purchased goods to the seller. The goods should be returned to the seller (no C. O. D. ); it must be complete, preferably in the original packaging and must not show signs of wear or damage. The return costs are borne by the buyer.
If the returned goods are damaged due to a breach of the responsibilities of the buyer the seller is entitled to claim a compensation in the form of a discount offset from the returned amount.
Exceptions: The right of withdrawal may not be applied in respect of contracts for the supply of digital content, unless it had been scheduled for delivery in tangible medium, or in respect of contracts for the provision of services, in both cases on the condition that the supply occurred before the deadline for withdrawal from the contract with the prior express consent of the buyer; contracts for the supply of services or goods (including alcoholic beverages), the price of which is dependent on fluctuations in the market which cannot be controlled by the trader; the contracts for the supply of goods modified according to the requirements of the consumer or custom made for them, and the contracts for perishable goods, for merchandise, which was irretrievably blend with other goods, or removed from a closed container and which cannot be returned for hygienic reasons; to the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; the supply of a newspaper, magazine and other periodicals; the provision of accommodation, transport of goods, catering or services related to leisure activities if the contract provides for a specific date or period of performance and for contracts awarded on the basis of a public auction in accordance with legislation governing public auctions.
The withdrawal form is available here.
5. Rights and duties resulting from defective performance
Quality at receipt
If the received goods are defective (e.g. they do not have the expected or agreed qualities, they are not suitable for the usual or negotiated purpose, they are incomplete, or their quantity, size, weight or quality does not match other legal, contractual or even pre-contractual parameters), the seller is responsible for the defects.
Two years from the receipt of the goods at the latest the buyer can apply his right to ask for an option of his choice free removal of the defect or a reasonable discount, or if it is not disproportionate concerning the nature of the defect (in particular if the defect cannot be removed without undue delay), the requirement can be applied for the supply of a new, defect-free item or new defect-free components, if the defect concerns only the given component.
If repair or replacement based on withdrawal from contract is not possible, the buyer may require the return of the purchase price in full.
Within six months of receipt of the goods it is assumed that the defect on the goods existed already at the receipt of the goods.
The seller shall not be obliged to accept the right of the buyer if he can prove that the buyer knew about the defect before the receipt of the goods or that he caused it himself.
The seller is not responsible for defects in used goods that correspond with the extent of use or wear and tear. With items sold at a lower price the seller is not liable for defects for which the lower price was negotiated. Instead of the right for an exchange the buyer has the right for an appropriate discount in such cases.
Legal rights concerning defects
The seller shall be responsible for defects arising after the receipt of the goods within a 24 monthly guarantee period or in the usability period referred to in advertising, on the packaging or in the accompanying instructions.
Within this period, with defects that are a substantial breach of the contract (regardless whether they are removable or not), the buyer can make a complaint and require one of the following:
- removal of the defect by supplying a new item without the defect or the supply a missing item;
- free removal of the defect by means of a repair;
- an appropriate discount on the purchase price; or
- a refund of the purchase price on the basis of a withdrawal from the contract.
A substantial breach of contract is a breach that the breaching party was aware of or about which it must have known that it would have prevented the other party from concluding the contract in case it had anticipated it.
In case of a defect (removable or not) that does not breach the contract substantially the buyer shall be entitled to a removal of the fault or an appropriate discount from the purchase price.
If the defect occurs repeatedly after a repair (third complaint concerning the same defect or fourth complaint concerning different defects) or if the goods have more defects (at least three defects at the same time), the buyer may exercise the right to discount on the purchase price, replacement of the goods or withdrawal from the contract.
The seller shall not be liable for defects arising from normal wear and tear or failure to comply with instructions for use.
6. Settling a complaint
The buyer must claim the complaint with the seller or the designated repairer without unreasonable delay after ascertaining the defect. Be it in writing or electronically, the buyer should state his contact details, a problem description and his requirement regarding the settlement of the complaint.
Download the form here.
The buyer shall notify the seller about the legislative he chose at the issuing of the complaint or, without undue delay, after complaining. A change in this choice without the consent of the seller is only possible if the buyer asked for a repair of a defect that proves to be irreparable.
If the buyer does not choose his rights regarding a significant breach of contract in time, he shall have the same rights as in case of an insignificant breach of contract.
The buyer must prove the purchase of the goods (preferably by producing a receipt). The time limit for dealing with a complaint is running from the hand-over /delivery of the goods to the seller or to a place designated for the repair. Before transport the goods should be packed in suitable packaging in order to avoid damage; it should be clean and complete.
The seller must without delay, no later than in three working days, decide about the complaint, or, where appropriate, about the need of an expert opinion. The need for an expert opinion must be communicated by the seller to the buyer in this period. The complaint, including a removal of the fault, must be handled by the seller without undue delay, at the latest within 30 days of its filing, unless a longer period is agreed in writing with the buyer. After the lapse of this period the buyer enjoys the same rights, as in case of a substantial breach of contract.
Should the seller refuse to remove the defect the buyer can require an appropriate discount on the price or withdraw from the contract.
The warranty period extends by the period from the acceptance of the complaint to its processing or to the time when the buyer is obliged to collect the goods. If there is an exchange of goods or part thereof, the responsibility of the seller shall be applied as in case of a sale of new goods or part thereof.
If it is not possible to follow the state of the processing of a complaint on-line, the seller undertakes to inform the buyer about their request via e-mail or a text message.
In case of a justified complaints the buyer is entitled to a refund including efficiently spent funds.
7. Protection of Personal Data
The administrators of the Klasek Tea internet shop declares that they will not provide your personal data in any form to third parties and that they shall be governed by act number 101/2000 Coll., on the Protection of Personal Data. The only exception is the realisation of the transport of the goods, where it is necessary to provide basic personal information for the delivery of the ordered goods. Personal data filled in during ordering serve exclusively for our internal use and for a successful processing of your request. The customer has the right to ask for the clearance of their personal data from our database at any time.
Should you have any questions or comments, please contact us at this address: firstname.lastname@example.org.
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Darjeeling.cz has been importing teas and tea accessories since 2003. Since 2014 we are using a new name - Klasek Tea. Tea is not just a business to us, but an important phenomenon and hobby.
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