Terms and Conditions

General Terms and Conditions

Basic Provision

  1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued according to § 1751 and following of the law no. 89/2012 Sb., the Civil Code (hereinafter called "civil code")

Ketom Impex s.r.o.
Registration Number: 17801826
VAT Number: CZ017801826
Registered office: Kruhová 239/5, Ústí nad Labem, 40001
registered at the Regional Court in Ústí nad Labem, section C, insert 49775
contact details:
phone: +420 910 001 688
https://ketom.shop
(hereinafter referred to as "seller")

  1. These terms and conditions regulate mutual rights and obligations of the seller and a natural person who concludes a purchase agreement outside business activities as a consumer, or in the scope of their business activities (hereinafter referred to as: "buyer") via the web interface located on the website available at the internet address https://ketom.shop (hereafter referred to as: "online store").
  2. The provisions of the terms and conditions are an integral part of the purchase agreement. Deviating agreements in the purchase agreement take precedence over the provisions of these terms and conditions.
  3. These terms and conditions and the purchase agreement are concluded in the Czech, Thai, English, Slovak languages.

II.

Information about goods and prices

  1. Information about the goods, including the prices of each item and its main characteristics, are listed for each item in the online store's catalog. Prices of goods are listed including value added tax, all related fees and costs for returning goods, if this goods cannot be returned by regular mail due to its nature. Prices of goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually negotiated conditions.
  2. All presentation of goods placed in the online store catalog is informative and the seller is not obliged to conclude a purchase contract regarding these goods.
  3. Information about the costs associated with packaging and delivery of goods is published in the online shop.
  4. Possible discounts from the purchase price of goods cannot be combined, unless the seller agrees otherwise with the buyer.

III.

Order and conclusion of the purchase contract

  1. Costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of a purchase contract (Internet connection costs, telephone call costs) are borne by the buyer himself. These costs do not differ from the basic rate.
  2. The buyer places an order for goods in the following ways:
  • through their customer account if they have previously registered in the online store,
  • by filling out an order form without registration.
  1. When placing an order, the buyer selectsmerchandise (or its size or color variant), the number of pieces of merchandise, method of payment and delivery.
  2. Before submitting the order, the customer is allowed to check and change the data they have entered into the order. The customer sends the order to the seller by clicking on the button "order with obligation to pay". The data stated in the order are considered correct by the seller. A condition of the order's validity is completing all mandatory fields in the order form and the customer's confirmation that they have become acquainted with these terms and conditions.
  3. Immediately upon receipt of the order, the seller sends the customer a confirmation of receipt of the order to the email address provided by the customer when placing the order. This confirmation is automatic and is not considered a contract conclusion. The attachment to the confirmation are the seller's current terms and conditions. The purchase contract is only concluded upon the seller's acceptance of the order. The notice of order acceptance is delivered to the buyer's email address / Immediately upon receipt of the order, the seller sends the customer a confirmation of receipt of the order to the e-mail address provided by the customer when placing the order. This confirmation is considered a contract conclusion. The attachment to the confirmation are the seller's current terms and conditions. The purchase contract is concluded by confirming the order by the seller to the buyer's email address.
  4. If the seller is unable to fulfill any of the requirements stated in the order, they will send the customer an amended offer to their 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 their email address stated in these terms and conditions.
  5. All orders received by the seller are binding. The buyer can cancel the order until the buyer is delivered a notice of acceptance of the order by the seller. The buyer can cancel the order by phone to the phone number or email of the seller stated in these terms and conditions.
  6. In the event that there has been an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the order process, the seller is not obliged to deliver the goods to the buyer at this clearly incorrect price even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to their 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 to the seller's email address.

IV.

Customer Account

  1. Based on the customer's registration performed in the online store, the customer can access their customer account. From their customer account, the customer can place orders for goods. The customer can also order goods without registration.
  2. When registering to the customer account and when ordering goods, the customer is obliged to provide all data correctly and truthfully. The data provided in the user account must be updated by the customer whenever there is any change. The data provided by the customer in the customer account and when ordering goods are considered correct by the seller.
  3. Access to the customer account is secured by a username and password. The customer is obliged to maintain confidentiality concerning information necessary for access into his customer acccount. The seller is not responsible for any misuse of the customer's account by third parties.
  4. The buyer is not authorized to allow third parties to use the customer's account.
  5. The seller may cancel the user account, especially if the buyer no longer uses their user account, or if the buyer breaches his obligations from the purchase contract or these terms and conditions.
  6. The buyer acknowledges that user account may not be available continuously, especially in view of the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

V.

Payment Terms and Delivery of Goods

  1. The price of the goods and possible costs associated with the delivery of goods under the purchase contract can be paid by the buyer in the following ways, if this method of payment is allowed to the customer during the order process
  • cashless by transfer to the seller's bank account stated during order recap
  • cashless by credit card,
  • cashless transfer to the seller’s account via a payment gateway….,
  • cash upon delivery,
  • in cash or by credit card during personal pick up at the parcel outlet….
  • Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless otherwise stated, the purchase price also includes costs associated with the delivery of the goods.
  • In case of cash payment, the purchase price is due upon receipt of the goods. In case of cashless payment, the purchase price is due within 2 days of entering into the purchase contract.
  • In case of payment via a payment gateway, the buyer follows the instructions of the respective electronic payment provider.
  1. In case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment when the respective amount is credited to the seller's bank account.
  2. The seller does not ask the buyer for any advance or similar payment in advance. Payment of the purchase price before shipment is not an advance payment.
  3. By law, the seller is obliged to issue a receipt to the buyer. At the same time, he/she is obliged to register the received revenue with the tax administrator online; in case of technical outage, then at the latest within 48 hours
  4. The goods are delivered to the buyer:
  • to the address specified by the buyer in the order
  • via the parcel outlet to the outlet address specified by the buyer, including pick-up boxes
  • through personal pick up at the seller's operation .
  1. The method of delivery is selected during the ordering of goods.
  2. The costs of delivery of goods depending on the method of delivery and receipt of goods are stated in the buyer's order and in the confirmation of the order by the seller. If the method of shipment is agreed based on a special request of the buyer, the buyer bears the risk and any additional costs.additional costs associated with this mode of transportation.
  3. If, according to the purchase agreement, 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 goods, or costs associated with a different delivery method.
  4. When picking up the goods from the carrier, the buyer is obliged to check the integrity of the goods packaging and in case of any defects to report this immediately to the carrier. If the violation of the packaging indicating unauthorized intrusion into the shipment is detected, the buyer may not accept the shipment from the carrier.
  5. The seller will issue a tax document – invoice to the buyer. The tax document is sent to the buyer's email address.
  6. The buyer acquires ownership rights to the goods by paying the full purchase price for the goods including delivery costs, but no earlier than upon receiving the goods.
  7. The responsibility for accidental destruction, damage or loss of goods passes to the buyer at the moment of receiving the goods or at the moment when the buyer had the obligation to receive the goods, but in contradiction to the purchase agreement, did not do so.
  8. If there was an overpayment in the difference of the purchase price, the seller then accepts this amount as voluntarily added by the customer in favor of the seller as a tip. If the customer made this overpayment by mistake, they have 7 days to express interest in returning this overpayment to the account from which the overpayment came.

VI.

Withdrawal from the contract

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

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

  • from the day of receiving the goods,

  • from the day of receiving the last delivery of goods, if the contract involves several types of goods or delivery of several parts

  • from the day of receiving the first delivery of goods, if the contract involves regular repeat delivery of goods.

  1. Among other things, the buyer cannot withdraw from the purchase contract

  • providing services, if they were satisfied with his prior express consent before the expiration of the deadline for withdrawal from the contract and the seller informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract,

  • for the supply of goods or services, the price of which depends on fluctuations in the financial market independent of the seller's will, and which can occur during the period for withdrawal from the contract,

  • that can only be delivered after the expiry of thirty days and whose price depends on fluctuations in the financial market independent of the seller's will,

  • the delivery of goods, which was modified according to the buyer's wishes or for him personally,

  • the supply of goods that are subject to rapid spoilage, as well as goods that were irreversibly mixed with other goods after delivery,

  • delivery of goods,

goods in a sealed package which the buyer has removed from the package and for hygiene reasons it cannot be returned

  • the supply of audio or video recordings or computer software if their original packaging has been broken,

  • the supply of newspapers, periodicals, or magazines,

  • the supply of digital content, if it has not been supplied on a tangible medium and was supplied with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before the conclusion of the contract, that in such case he does not have the right to withdraw from the contract,

    • in other cases referred to in § 1837 of the Civil Code.

    1. To comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.

    2. For withdrawal from the purchase contract, the buyer can use the model withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase agreement to the email or delivery address of the seller specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.

    3. A buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract to the seller. The buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by their nature by the usual postal route.

    4. If the buyer withdraws from the contract, the seller shall immediately, but no later than 14 days from the withdrawal of the contract, return all funds, including delivery costs, that he has received from them, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and it does not incur additional costs.

    5. If the buyer has chosen a different method of delivery than the cheapest method offered by the seller, the seller will refund the cost of delivery to the buyer in an amount corresponding to the cheapest offered method of delivery.

    6. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller.

    7. The buyer must return the goods to the seller undamaged, unworn, and unsoiled and if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.

    8. The seller is entitled to withdraw from the purchase contract due to the desolation of the stocks, unavailability of the goods, or if the manufacturer, importer, or supplier of goods interrupted the production or import of the goods. The seller immediately informs the buyer via the email address provided in the order and refund within 14 days from the notification of the withdrawal from the purchase contract all funds including forwarding costs, which he received based on the contract, and in the same way, or possibly in a way specified by the buyer.

    VII.

    Rights from defective performance

    1. The seller

      The seller guarantees to the buyer that the goods do not have defects when taken over. In particular, the seller guarantees to the buyer that at the time the buyer took over the goods

    • the goods have the properties that the parties have agreed on, and, if there is no agreement, they have such properties that the seller or manufacturer described or that the buyer expected with regards to the nature of the goods and based on the advertisement carried out by them,

    • the goods are suitable for the purpose that the seller indicates for its use, or to which goods of this type are commonly used,

    • the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,

    • the goods are in corresponding quantity, measure or weight, and

    • the goods comply with legal regulations.

    1. The seller has obligations from faulty performance at least to the extent that obligations from faulty performance last from the manufacturer . Otherwise, the buyer is entitled to assert the right from a defect that occurs in consumer goods within twenty-four months after receiving them.

    2. Is the period during which the goods can be used, stated on the goods sold, on its packaging, in the instructions attached to the goods, or in the advertisement in accordance with other legal regulations, provisions on the guarantee of quality apply. The guarantee for quality is the seller's undertaking that the goods will be suitable for use for its usual purpose or that it will retain its usual properties for a certain period. If the buyer has legitimately pointed out a defect to the seller, neither the period for asserting rights from faulty performance nor the guarantee period runs for the period during which the buyer cannot use the defective goods.

    3. The previous paragraph of the terms and conditions, does not apply to goods which are sold at a lower price due to a defect for which a lower price was agreed, to goods wear and tear because of its typical usage, to used goods for a defect that corresponds to the degree of use or wear that the goods had when taken over by the buyer, or if it follows from the nature of the goods. The buyer is not entitled to a right from a defective performance if he knew before taking over the goods that the goods had a defect or if the defect was caused by the buyer himself.

    4. In case a defect appears, the buyer can present a complaint to the seller and request

    • an exchange for a new product,

    • a repair of the product,

    • an appropriate discount on the purchase price,

    • withdrawal

    1. The buyer has the right to withdraw from the contract

    • if the goods have a substantial defect,

    • if he cannot properly use the thing due to the repeated occurrence of a defect or defects after repair,

    • if there are more defects of goods.

    1. A substantial breach is a breach of a contract, which the party breaching the contract knew or had to know at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen this breach.

    2. For a defect that means a minor breach of the contract (regardless of whether it is a removable or non-removable defect), the buyer has the right to have the defect removed or to get a reasonable discount on the purchase price.

    3. If a removable defect has repeatedly occurred after repair (usually a third complaint for the same defect or a fourth for different defects)

      4. III.

      Warranty and Complaints

      1. If there are multiple defects on the product, (usually at least three defects at the same time), the buyer has the right to demand a discount on the purchase price, an exchange of goods, or to withdraw from the contract.

      2. When making a claim, the buyer is obliged to inform the seller what right they have chosen. Changing the selected right without the consent of the seller is only possible if the buyer requested a repair of a defect that is found to be irremovable. If the buyer does not choose their right due to a considerable breach of the contract in time, they have the same rights as in the case of an insignificant breach of the contract.

      3. If the repair or replacement of the product is not possible, the buyer may* demand a full refund of the purchase price in the event of withdrawal from the contract.

      4. If the seller proves that the buyer knew of the defect before the acceptance or caused it themselves, the seller is not obliged to meet the buyer's claim.

      5. The buyer cannot claim discounted goods for a reason that has resulted in a discount on the goods.

      6. The seller is obliged to accept the claim in any store where it is possible to accept it, or potentially also at the place of business. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what the content of the complaint is and what method of resolving the complaint the buyer demands, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or written justification for rejecting the claim.

      7. The seller or an authorized employee decides on the complaint immediately, in complicated cases within three business days. This period does not include the time required for expert assessment of the defect, appropriate according to the type of product or service. The complaint, including the removal of the defect, must be handled immediately, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The useless expiry of this period is considered a significant breach of the contract, and the buyer has the right to withdraw from the purchase contract. The moment of making a claim is considered the moment when the buyer's will (exercise of the right from defective performance) is expressed to the seller.

      8. The seller informs the buyer in writing about the result of the complaint.

      9. The buyer is not entitled to the right from defective performance if they knew before the receipt of the goods that the thing has a defect, or if the buyer caused the defect themselves.

      10. In the case of a justified complaint, the buyer has the right to reimbursement of appropriately incurred costs associated with the claim. This right can be claimed by the buyer from the seller within a period of one month from the expiry of the warranty period, otherwise, the court may not award it.

      11. The choice of the method of complaint rests with the buyer.>

      12. The rights and obligations of the contracting parties regarding the rights from defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992, on consumer protection.

      VIII.

      Delivery

      1. The contracting parties can deliver all written correspondence to each other via e-mail.

      2. The buyer delivers correspondence to the seller to the e-mail address listed in these business conditions. The seller sendsThe seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.

      IX.

      Personal Data

      1. All information that the buyer provides in cooperation with the seller is confidential and treated as such. Without the buyer's written consent, the buyer's data will not be used in any other way than for the purpose of fulfilling the contract, except for the email address to which business messages may be sent, as this procedure is allowed by law, if not explicitly refused. These communications may only relate to similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, email or clicking on a link in a commercial message). The e-mail address will be stored for this purpose for a period of 3 years from the conclusion of the last contract between the contracting parties.

      2. For more detailed information on personal data protection, see the Privacy Policy HERE

      X.

      Out-of-court dispute resolution

      1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court consumer dispute resolution from the contract of sale. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used when resolving disputes between the seller and the buyer from the purchase agreement.

      2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

      3. The seller is entitled to sell goods based on a trade license. The relevant Trade Licensing Office carries out trade control within its jurisdiction. Among other things, the Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.

      XI.

      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, the parties agree that the relationship is governed by Czech law. This does not affect the consumer'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 accordance with Section 1826 (1) (e) of the Civil Code.

      3. All rights to the seller's website, in particular copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or its parts without the seller's consent.

      4. The seller is not responsible for errors resulting from interference with third parties and or errors resulting from the use of the website in conflict with its intended use. The users can use the website free of charge, however, they must have their own access to the Internet, including securing all related costs.

      third parties into the e-commerce or as a result of its use contrary to its purpose. The buyer may not use procedures when using the e-commerce that could have a negative impact on its operation and may not perform any activity that could enable him or third parties to interfere or use the software or other components of the e-commerce unlawfully and use the e-commerce or its parts or software in a manner that would be contrary to its purpose or intent.

    4. The buyer hereby assumes the risk of a change in circumstances in accordance with § 1765 paragraph 2 of the Civil Code.

    5. The purchase contract, including the business terms and conditions, is archived by the seller in electronic form and is not accessible.

    6. The Seller may change or amend the wording of the business terms and conditions. This provision does not affect rights and obligations arising during the effectiveness of the previous version of the business terms and conditions.

    7. The annex to commercial terms is a sample form for withdrawal from the contract.

    Valid from 12.1.2023