Terms and conditions
These Terms and conditions (collectively „Terms“) are applicable to the contracts made through the e-shop JM Koral placed at the website http://www.jmkoral.cz (collectively „Site“) between
JM KORAL, s.r.o., address Bratříkov 69, 468 21 Pěnčín
registered at the commercial register maintained at the regional court in Ústí nad Labem, unit C, inset 17374
delivery address: JM Koral s.r.o., Bratříkov 128, 468 21 Bratříkov
phone number: +420 603 990 010
and you as buyer.
1.1 Summary of the Terms
By the sales contract we are obliged to deliver the goods mentioned in the order and you are obliged to accept the goods and pay the purchase price. To make the contract, it is necessary that you submit the order and we accept it (according to the section 2). Information about the prices is in the section 3. Potential methods of payment and delivery are in the sections 4 and 5. Contract withdrawal information is in the section 6. Warranty claims follow our Return policy.
1.2 Is it a consumer contract?
The sales contract is a consumer contract in case that you are the consumer – i.e. you are a natural person and you buy goods outside your business activities or outside your occupation. In other cases, the sales contract is not a consumer contract and you are not under the consumer protection based on corresponding laws and these Terms.
1.3 What determines are our mutual rights and obligations?
First of all by the sales contract that is formed by the following documents:
These Terms that determine our rights and obligations;
Return policy that we will follow in case of complaints and warranty claims;
Conditions and instructions mentioned at the Site especially when making the sales contract;
The Order and its reception by us;
in points that are not set in the contract our mutual rights and obligations follow the legislation of the Czech Republic, especially the following laws:
law no. 89/2012, Civil code, as subsequently amended (collectively „Civil code“);
law no. 634/1992, of consumer protection, as subsequently amended (only in the case that you are a consumer).
If your place of residence is outside of the Czech Republic, or if our legal relationship includes another international element, you agree that our relationship follows legislation of the Czech Republic. If you are a consumer and the legislation of your country of residence provides higher level of protection that the Czech legislation, you are given this higher level of protection in our legal relationship.
1.4 How do you express agreement with the Terms?
By sending the order and further by confirmation at the Site you confirm that you read these Terms and you agree with them.
1.5 What else should you know about these Terms?
In case that any section of these Terms is invalid, out of effect or unusable (or becomes one of those), another section that is the closest in its sense will be used instead. Validity of other section is not affected this way.
Contents of these Terms can be modified or amended by us. Your rights and obligations always follow the version of these Terms in the validity of which they came into existence. Changes or amendments of these Terms can be performed only in the written form.
2.1 How do we make the sales contract?
To make the sales contract it is necessary that you send an order compliant with these Terms and this order must be accepted by us. We point out that the presentation at the Site is informative only and does not serve as our contract proposal in sense of § 1732 par. 2 Civil code.
2.2 How to submit the order?
You can always submit the order through the Site (by filling out the form) or by other means that we support according to the information at the Site. The order must contain all the data required in the form.
Before submitting the order you will be presented with a summary including the final price (inc. taxes, tariffs and fees). In this summary you have the last chance to change the data of the order.
You submit the firm order by clicking the appropriate button. Data in the firm order is considered correct and complete by us. Inform us without any delay about change in this data via phone or email.
2.3 Can you cancel or change the submitted order?
An order that hasn’t yet been received by us can be canceled or changed via email or phone. All the orders received by us are firm. Later cancelation or changes of received orders are possible only after an agreement with us. If an order is cancelled this way for which a sales contract cannot be withdrawn (more details are in section 6), we have the right for a compensation of costs related to this order.
2.4 How can you find out that we received the order and when is the sale contract made?
We will inform you about order receiving the order. The information about receiving the order is sent automatically and does not serve as order acceptance by us.
The sales contract is made in the moment when you receive our acceptance of the order at the email address specified in the order. If the order was not received, the sales contract would be made in the moment when you take the ordered goods.
2.5 Can you get the contract in the text form?
Documents that constitute the contract will be sent to you via email or sent by post if you request it. When sending by post, we can ask you to cover the related expense.
We archive documents that constitute the contract electronically. The contract is not accessible to the third parties.
The purchase price
3.1 Can the price at the Site be changed?
If the price presented with the goods at the Site is not up to date in the time of the order we will inform you about it without any delay. Accepted orders are not affected by price changes that happened in the time between submitting the order in its acceptance by us.
In case that at our side an obvious technical error occurred related to the price presented at the Site or in the process of the order, we are not obliged to deliver you the good for this incorrect price.
3.2 Can the price discounts be combined?
Potential price discounts cannot be combined, unless it is explicitly mentioned at the Site.
Terms of payment
4.1 What payment methods are accepted?
The purchase price can be paid especially by the following means:
By cash on delivery or by cash when personally taking the delivery;
Cashless prior to delivery using PayPal service;
Cashless prior to delivery by bank transfer to our account (payment details will be provided to you in the order confirmation)
Other alternative payment method and potential related fees are mentioned at the Site.
4.2 When is the due date?
In case of payment by cash the due date is when the delivery is taken. In cashless payment methods prior to the delivery is the due date within five days since delivery reception, the price is paid in the moment of crediting the amount to our bank account. If we do not receive the payment in the due day, we reserve the right to withdraw the contract.
4.3 Can we demand a deposit payment or payment in advance?
Acknowledge that according to the § 2119 paragraph. 1 of the Civil code we have the right to ask you for the payment in advance (or deposit payment) prior to sending or handing over the delivery.
4.4 How do we issue the bills related to the Electronic Registration of Sales and tax document?
By your agreement with these Terms you authorize us to issue the bill in accordance with law no. 112/2016, of registration of sales as subsequently amended and tax document in electronic form.
Terms of delivery
5.1 How do we deliver the goods?
Methods of delivery including the cost are mentioned at the Site. You can choose a specific delivery method in the order.
The final price that includes the cost of the chosen delivery method is always mentioned in the order.
5.2 When will the goods be delivered to you?
The time of delivery of the goods are always dependent on its availability, on the chosen delivery method and payment method. We cannot affect the time of delivery of the external carrier. In case of problems with time of delivery, please contact us and we will solve the problem with the carrier.
In store goods is usually dispatched within two business days after accepting the order (in case of cash in delivery or personal delivery takeover) or two days after receiving the payment at our bank account (in case of cashless payment).
Goods that is not in store is dispatched as soon as it is available. We will inform you about the specific date.
Delivery of the goods according to these Terms means the moment in time when the goods is delivered to you. If you refuse to take the delivery without a reason, it is neither considered as non-fulfilment of the obligation to deliver the goods by us, nor is it considered as sales contract withdrawal by you.
You acquire the proprietary right after the payment of the full purchase price.
5.3 How to proceed at the taking of the delivery?
At the time of the delivery check that the package is not damaged. If you discover any problems inform the carrier immediately and us as well. If you refuse to take the delivery with the damaged package, it is not considered a delivery refusal without a reason.
In the moment of taking of delivery (or in the moment when you had an obligation to take the delivery, but you didn’t do it on the contrary to the contract), you are becoming responsible for accidental destruction, damage or loss of the goods.
5.4 What happens in case that you don’t take the delivery?
In case it is necessary to deliver the goods repeatedly or by other than agreed method of delivery because of the reasons caused by you, you are obliged to cover the additional expenses related to such a delivery.
In case that you don’t take the delivery for no reason, we have the right for compensation of the cost of delivery and storage of the goods as well as compensation of other costs that arise from your refusal to take the goods.
If you refuse to take the delivery in case of payment in cash at the time of taking the delivery we have the right to withdraw the sales contract. If you have already paid for the delivery (in case of payment prior to the delivery) we have the right to proceed with self-help selling based on § 2126 of Civil code.
Sales contract withdrawal
6.1 How can you withdraw the contract?
You can withdraw the contract as a consumer without giving a reason in time of 14 days since taking of the goods. If the delivery is divided into several parts, since the day of taking the last part. We recommend that you send the announcement of the contract withdrawal to our contact address along with the goods or to our email address and without any delay then send the goods to our delivery address. For the contract withdrawal you can use the template form.
6.2 What are the consequences of the sales contract withdrawal?
By the sales contract withdrawal the contract is canceled and considered as if it has never been made.
If you were provided with a gift along with the good, the gift contract is being canceled by the sales contract withdrawal. Send us the gift along with the returned goods.
6.3 How can you return the goods to us?
You are obliged to return the goods to us within the fourteen days since the sales contract withdrawal to our delivery address or to our place of business. Do not send the goods in form of cash on delivery; we are not obliged to take it this way.
We recommend that you enclose with the returned goods:
copy of a delivery document and invoice (if they were issued) or another document as a proof of purchase;
written expression of contract withdrawal (on our form or differently) and of chosen way of refunding.
Non-presenting of some of the documents mentioned above does not prevent from proper settling of your sales contract withdrawal according to the law.
6.4 When will you be refunded?
All received funds will be returned to you within fourteen days after sales contract withdrawal. Take into account that we are not obliged to refund you before you return the goods to us or prove that it was sent back.
Besides the purchase price you have the right for returning the cost of delivery to you. If you selected other than the cheapest form of delivery, you will be refunded equally to this cheapest form of delivery.
We will refund you in the same way as we received your payment (unless you inform us within ten days after the sales contract withdrawal about an alternative way that would not be more costly.) or by the way of your request.
You pay the expense of delivering the goods back to us even in the case that the goods cannot be returned by regular post due to its character.
6.5 What of the returned goods was damaged?
Wrap up the goods into an appropriate package for the delivery for it not to be damaged or destroyed.
If we find out that the returned goods is damaged, worn out, dirty or partially used, you are responsible for this decrease of the good’s value.
6.6 When it’s not possible to withdraw the sales contract?
According to the § 1837 of Civil code the withdrawal is not possible in case that the goods was customized based on your request.
6.7 When can we withdraw the sales contract?
We reserve the right to withdraw the sales contract in the following cases:
We didn’t receive the purchase price till the due date or you didn’t take the delivery;
The goods cannot be delivered due to the objective reasons (especially in cases that it’s no longer produced, the supplier stopped supplying the goods to the Czech Republic.;
The supply becomes objectively impossible or illegal.
In case that one of the objectives mentioned above occurs, you will be informed about the contract withdrawal by us without any delay..
In case that you already paid the purchase price (fully or partially), you will be refunded within five days after the sales contract withdrawal to the bank account of your choice or to the one from which you sent the payment.
Rights from non - performance
Your rights from non-performance follow appropriate legislation (especially provisions § 1914 - 1925, § 2099 - 2117 and, if you are a consumer, § 2158 - 2174 of Civil code). When applying the rights from non-performance we will proceed according to our Return policy.
Other information for consumers
8.1 What authorization do we possess for our business?
We are authorized to sell goods based on the trade license. Our business in not subject to any other licenses.
8.2 How do we deal with complaints?
We deal with potential complaints via our contact email. You can also contact Trade licensing office or Czech Trade Inspection Authority (CTIA).
8.3 What are your rights in potential consumer dispute?
If you are a consumer and a dispute occurs between you and us that cannot be solved directly. You have the right to contact Czech Trade Inspection Authority with this dispute. (address: Česká obchodní inspekce (Czech Trade Inspection Authority), Central Inspectorate - department ADR, Štěpánská 15, 120 00 Praha 2; website: www.coi.cz, www.adr.coi.cz; contact: firstname.lastname@example.org; phone: +420 296 366 360) in order to find out-of-court solution of the dispute. At the latest you can apply this right one year after the day you first applied the right, which is a subject of the consumer dispute with us.
For application of complaints related to the goods or services that you purchased from us and to search for an institution for alternative solution of the dispute you can use an online platform established by European committee at the website: http://ec.europa.eu/consumers/odr/.
Registration at the Site
9.1 How can you register at the Site?
A user account is created by the registration using the appropriate form at the Site. Keep your access codes (username and password) in secrecy. We shall not be liable for any potential abuse of the codes by any third party.
Information provided by you during the registration must be real and complete. An account that was opened based on incorrect or incomplete information can be blocked by us without any compensation. In case of changes in your personal data we recommend that you update the user account accordingly without any delay.
9.2 What does the user account serve to?
Through your user account you can primarily order goods, follow your orders and manage the account itself. Any other potential functionalities of the user account are always mentioned at the Site.
9.3 When can we block your user account?
Acknowledge that we have the right to block your account without any compensation in case that using your account any actions that are unethical, against any applicable law or against these Terms are performed.
Copyright protection, responsibility and use of the Site
10.1 Is the contents of the Site protected by the copyright laws?
As between you and Us‚ this Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this Site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by Us or our licensors and protected by applicable copyright laws.
The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights.
Names, labels of products, goods, services or companies may be registered trademarks of their respective owners.
10.2 Responsibility and use of the Site
In no event shall JM KORAL s.r.o. be liable for errors or damages caused by interventions of the third parties into the Site or by the use of the Site different than its intended purpose. When using the Site you are strictly prohibited to use procedures that might damage the functionality of the system or might overload it.
If you act unethically or against any applicable laws when using the Site, we reserve the right to restrict, suspend or terminate your access to the Site without any compensation. In such a case you shall be liable to fully compensate us for any damage that was caused by these actions of yours.
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this Site‚ except and to the extent expressly permitted under these Terms;
remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site;
use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of this Site;
collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
reformat or frame any portion of any Web pages that are part of this Site;
create user accounts by automated means or under false or fraudulent pretenses;
create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of the Site;
submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
transmit or upload to this Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of this Site‚ any other Web site‚ or any computer or other device or system‚ or the enjoyment of this Site by any user;
use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
submit to this Site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene;
copy or store any User Content offered on this Site other than for your personal‚ non-commercial use;
take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
use this Site and/ or any User Conten‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.
We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
By reading these Terms you are informed that by clicking at some links in the Site you can be forwarder to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
These Terms are valid and applicable since: 23rd March 2018