Terms and Conditions and Complaints Procedure
These General Terms and Conditions (the “Terms and Conditions”) govern the rights and obligations of you, as buyers and us, as sellers, in the contractual relations concluded through the E-shop on the website www.kamilaharrishome.com.
As you certainly know, we communicate primarily at a distance. Therefore, it obviously makes sense that a means of distance communication is used during the creation of our Contract, which allow us to reach an agreement without the simultaneous physical presence of Us and You.
If any part of these Terms and Conditions contradicts what we have jointly agreed upon as part of your purchase process on our E-shop, that particular Contract will take precedence over the general Terms and Conditions.
1. SOME DEFINITIONS
- 1.1. The Price is the financial amount you will pay for the Goods;
- 1.2. The Price for Transport is the financial amount you will pay for the delivery of the Goods, including the price for its packaging;
- 1.3. The Total Price is the sum of the Price and the Price for Transport, including VAT;
- 1.4. VAT is value added tax according to valid legal regulations in the Czech Republic;
- 1.5. The E-shop is an online store operated by Us at https://shop.kamilaharrishome.com/ where the purchase of Goods will take place;
- 1.6. An Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
- 1.7. We are the company Kamila Harris Home s.r.o., with its registered office at Za Poříčskou bránou 390/18, Prague 8 – Karlín 186 00, ID number 06807330, registered in the Commercial Register under file no. No. C 289352 kept at the Municipal Court in Prague, e-mail firstname.lastname@example.org, telephone number 420 – 605 107 640, designated by law as the seller;
- 1.8. The Order is your irrevocable proposal to enter into a Contract for the purchase of Goods with Us;
- 1.9. The Contract is a purchase contract negotiated based on a duly completed Order sent via the E-shop, and is concluded when you receive an Order confirmation from Us;
- 1.10. You are a person purchasing on our E-shop, referred to by law as the buyer;
- 1.11. The Goods are everything you can buy on the E-shop.
2. GENERAL PROVISIONS AND INSTRUCTIONS
- 2.1. The purchase of the Goods is only possible via the web interface of the E-shop.
- 2.2. When purchasing the Goods, it is your duty to provide us with all information correctly and truthfully. We will consider the information you provided to us when ordering the Goods to be correct and true.
3. CONCLUSION OF THE CONTRACT
- 3.1. The Contract with Us can be concluded in either Czech or English.
- 3.2. The Contract is concluded remotely via the E-shop, while the costs of using a means of distance communication are paid by you. However, these costs do not differ in any way from the basic rate you pay for the use of these facilities (i.e. especially for Internet access), so you should not expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree that we will use a means of distance communication.
- 3.3. In order to be able to conclude the Contract, you will need to create an Order on the E-shop. The following information must be provided in this Order:
- a) Information about the purchased Goods (on the E-shop you mark the Goods you are interested in purchasing with the ADD TO CART button);
- b) Information on the Price, the Price for Transport, the method of payment of the Total Price and the required method of delivery of the Goods; this information will be entered within the creation of the Order, while information about the Price, the Price for Transport and the Total Price will be provided automatically on the basis of your chosen Goods and the method of its delivery;
- c) Your identification data used to enable us to deliver the Goods, i.e., the name, surname, delivery address, telephone number and E-mail address.
- 3.4. During the creation of the Order, you can change and check the data until its finalization. After performing the check, press the ORDER button to create the Order. Before pressing the button, you must confirm your acquaintance and agreement with these Terms and Conditions, otherwise it will not be possible to create an Order. After pressing the ORDER button, all filled-in information will be sent directly to Us.
- 3.5. We will confirm your Order as soon as possible after it is delivered to us by a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order. By confirming the Order on our part, a Contract is concluded between Us and You. The Terms and Conditions as amended as of the date of the Order form an integral part of the Contract.
- 3.6. There may be cases where we will not be able to confirm your Order. These are mainly situations where the Goods are not available in sufficient quantity. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In such a case, the Contract is concluded when you confirm our offer.
- 3.7. If a manifestly incorrect Price is stated in the E-shop or in the Order, we are not obliged to deliver the Goods to you for this Price even if you have received an Order confirmation and the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, the new Contract is concluded when you confirm our offer. If you do not confirm our offer within 3 days of its sending, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers, or a digit is missing or has been added.
- 3.8. If the Contract is concluded, you are obliged to pay the Total Price.
- 3.9. In some cases, we allow you to take advantage of a discount on the purchase of the Goods. To provide a discount, you must fill in the details of this discount within the Order in a predetermined field. If you do so, the Goods will be provided to you at a discount.
4. PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP RIGHT
- 4.1. The Price is always stated in the E-shop, in the Order and, naturally, in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order, the Price stated in the Order shall apply, which will always be the same as the Price in the Contract. The Order also includes the Price for Transport, or the conditions when the transport is free.
- 4.2. The total price includes VAT, including all fees stipulated by law.
- 4.3 Payment: We will require your payment of the Total Price after concluding the Contract and before handing over the Goods.
- 4.4 All payments will be made through the GoPay payment gateway. The payment is governed by the terms and conditions of this payment gateway, which are available at: https://www.gopay.com/cs/ The service provider, GoPay, is a licensed, supervised payment institution Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted. You can pay the Total Price in the following ways:
- a) By payment card. After creating the order, you will be redirected to the payment gateway, GoPay, where you will enter the necessary data. We accept payment by VISA, VISA Electron, V Pay, MasterCard and Maestro cards.
- b) By bank transfer. We will send you the information for making the payment as part of the Order confirmation. The Total Price will be payable within 3 days of concluding the purchase contract and the Goods are handed over for transport only after crediting the full purchase price (without deducting bank fees or withholding other amounts) to our bank account. Please enter the Variable Symbol when entering the payment.
- 4.5 The Invoice will be issued in electronic form after payment of the Total Price and will be sent to your E-mail address.
- 4.6 Ownership of the Goods passes to you only after you have paid the Total Price and taken over the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting our account, in other cases it is paid at the time of payment.
5 DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS
- 5.1 The goods will be delivered to you in the manner of your choice, you have the following options:
- a. Pick-up in-person at our premises at Za Poříčskou bránou 390/18, Prague 8 – Karlín 186 00
- b. Delivery through the transport company PPL CZ;
- c. Express delivery in Prague by the company MESSENGER a.s.
- 5.2 We deliver the goods within the Czech Republic and to Slovakia
- 5.3 Delivery time of the goods always depends on their availability. The expected delivery time of the Goods will be communicated to you in the Order confirmation. The time stated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at our premises, we will inform you about the possibility of collecting the Goods via e-mail.
- 5.4 After receiving the Goods from the carrier, it is your duty to check the integrity of the packaging of the Goods and in case of any defects to immediately notify the carrier and Us. In the event of a defect in the packaging, which indicates unauthorized handling and entry into the shipment, it is not your responsibility to take over the Goods from the carrier.
- 5.5 In the event that you breach your obligation to take over the Goods, except in cases pursuant to Article 5.4 of these Terms and Conditions, this shall not result in a breach of our obligation to deliver the Goods to you. At the same time, the fact that you do not accept the Goods is not a withdrawal from the Agreement between Us and you. However, in such a case, we have the right to withdraw from the Agreement due to your material breach of the Agreement. If we decide to exercise this right, the withdrawal is effective on the day we deliver this withdrawal. Withdrawal from the Contract does not affect our right to payment of the Price for transport, or the right to compensation for damage, if any.
- 5.6 If, for reasons arising on your part, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, it is your obligation to reimburse Us for the costs associated with this repeated delivery. We will send payment details for the payment of these costs to your e-mail address specified in the Agreement and are due 14 days after delivery of the e-mail.
- 5.7 The risk of damage to the Goods passes to you the moment you take them over. If you do not take over the Goods, except in cases pursuant to Article 5.4 of the Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, but for reasons on your part the takeover did not take place. The transfer of the risk of damage to the Goods means for you that from this moment you bear all the consequences associated with the loss, destruction, damage, or any impairment of the Goods.
- 5.8 In the event that we are unable to deliver the Goods to you within 30 days of the expiry of the delivery period of the Goods specified in the Order Confirmation, for any reason, we and you are entitled to withdraw from the Contract.
6 RIGHTS FROM DEFECTIVE PERFORMANCE
- 6.1 The items offered for sale on the E-shop Kamila Harris Home s.r.o. are made from fabrics, therefore these products will have some inherent variations and the photos of said items are illustrative only and cannot be an exact representation of your selected product, regarding for example color and/or pattern.
- 6.2 We guarantee that at the time of the transfer of the risk of damage to the goods pursuant to article 5.7 of the conditions, the Goods are free of defects, in particular that:
- 6.2.1 They have the features that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;
- 6.2.2 They are suitable for the purposes we have stated or for the purposes which are usual for Goods of this type;
- 6.2.3 They are the appropriate quantity;
- 6.2.4 They meet the required legal requirements
- 6.3 If that the Goods are defective, especially if any of the conditions under article 6.2 are not met, you may notify us of such a defect and exercise the rights arising from defective performance (i.e., claim the Goods) by sending an e-mail or letter to our address listed at our identification data. For complaints, you can also use the sample form we provide here, which is Annex No. 1 to the Terms and Conditions. In exercising the right from defective performance, it is necessary to choose how you want to resolve the defect. We will handle the complaint in accordance with the right you have exercised from the defective performance.
- 6.4 if the Goods are defective, you have the following rights:
- 6.4.1 To eliminate the defect by delivery of new Goods without defects, or by delivery of the missing part of the Goods;
- 6.4.2 For a reasonable discount from the Price;
- 6.4.3 To withdraw from the Contract.
- 6.5 In the event of a defect, you may not withdraw from the Contract or request delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:
- 6.5.1 If the condition of the Goods has changed as a result of an inspection in order to detect a defect;
- 6.5.2 If the Goods were used before the defect was discovered;
- 6.5.3 If the impossibility of returning the Goods in an unaltered state was not caused by your actions or your omissions,
- 6.5.4 If the Goods were sold, consumed or altered in their normal use prior to the discovery of the defect; however, if this has only occurred in part, it is your responsibility to return the part of the Goods that may be returned to you, in which case you will not be refunded the part of the Price corresponding to your benefit from the use of part of the Goods.
- 6.6 Within three days of receiving the complaint, we will confirm to your E-mail address that we received the complaint, when we received it and the expected duration of the complaint. We will handle the complaint without undue delay, but no later than 30 days of its receipt. This deadline can be extended by mutual agreement. If the period expires in vain, you can withdraw from the agreement.
- 6.7 We will inform you by e-mail about the settlement of the complaint. If the complaint is justified, you are entitled to reimbursement of expediently incurred costs. You are obliged to prove these costs, e.g., by receipts for the cost of transport. If the defect has been eliminated by delivery of new Goods, it is your duty to return the original Goods to us, but we will bear the cost of such return.
- 6.8 The exercise of rights arising from defective performance and claims for action is governed by the provisions of §1810 et seq., §1820 et seq. and §2099 et seq. Civil Code and the Consumer Protection Act.
- 6.9 If you are a business, you are responsible to report the defect without undue delay after you have discovered it, but no later than within three days of receipt of the Goods.
- 6.10 If you are a consumer, you have the right to exercise the rights arising from defective performance in the event of a defect that occurs in the Goods within 24 months of their receipt.
- 6.11 The provisions on the right of defect do not apply in the case of:
- 6.11.1 Goods which are sold at a lower Price, for a defect for which a lower Price has been agreed;
- 6.11.2 Wear and tear of the Goods caused by their normal use;
- 6.11.3 When it follows from the nature of the Goods.
7 WITHDRAWAL FROM THE CONTRACT
- 7.1 Withdrawal from the Contract, ie the termination of the contractual relationship between Us and You from its beginning, may occur for the reasons and methods specified in this article, or in other provisions of the Conditions, in which the possibility of withdrawal is explicitly stated.
- 7.2 If you are a consumer, ie a person purchasing the Goods outside the scope of your business, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods in accordance with the provisions of §1829 of the Civil Code. In the event that we have concluded a Contract, the subject of which is several types of Goods or the delivery of several parts of the Goods, this 14-day period begins to run only on the day of delivery of the last part of the Goods. You may withdraw from the Contract in any provable manner (in particular by sending an e-mail or letter to our addresses listed under our contact data). To withdraw, you can also use the sample form provided by Us here, which forms Annex No. 2 to these Terms and Conditions.
- 7.3 However, even as a consumer, you may not withdraw from the Contract in cases where the subject of the Contract is:
- 7.3.1 Goods that have been modified according to your wishes or for your person;
- 7.3.2 Goods in a sealed package which have been removed from the package and cannot be returned for hygienic reasons.
- 7.4 The deadline for withdrawal according to Article 7.2 of the Terms and Conditions is considered to be maintained if you send us a notice during the 14-day period that you withdraw from the Contract.
- 7.5 In the event of withdrawal from the Contract, the purchase Contract is cancelled from the beginning. The Price (including delivery costs, except for additional costs incurred as a result of the buyer’s chosen method of delivery, which is other than the cheapest standard delivery offered by Us) will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen at the time of the withdrawal from the Contract. However, the amount will not be refunded until you return the Goods to Us or prove that they have been sent back to Us. The Goods must be returned to Us within 14 days of withdrawal from the Contract.
- 7.6 The address for the return of Goods is: Kamila Harris Home s.r.o., Za Poříčskou bránou 390/18, Prague 8 – Karlín 186 00. We do not accept any unsolicited consignments by cash on delivery or at the our expense. Please return the goods to us clean, if possible including the original packaging. If this is no longer possible, for example, because the goods have been destroyed or consumed in the meantime, You are obliged to provide Us with monetary compensation in return for what can no longer be issued.
However, if We are to return the full purchase price to You, the Goods must be returned in their original condition, must not be used, worn or damaged in any way, with all labels attached to the Goods and, if possible, in the original packaging.
- 7.7 You are liable to us for damages in cases where the Goods will be damaged because of your handling of them in a way other than what is necessary to handle them with regard to their nature and properties. In such a case, We will deduct the appropriate amount from the refund that is due You. Payment will be made to you latest in days.
- 7.8 We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons based on the nature of the Goods), even before the period specified in Article 5.8 of the Terms and Conditions. We may also withdraw from the Contract if we determine that you have provided intentionally incorrect information in the Order. If you purchase goods as part of your business, ie as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
8 CONSUMER DISPUTE RESOLUTION
- 8.1 If you are a consumer, according to the Consumer Protection Act, you have the right to an out-of-court settlement of a consumer dispute arising from the Contract. In such a case, you are entitled to contact the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: mailto:email@example.com, web: adr.coi.cz. The out-of-court settlement of a consumer dispute is initiated exclusively at your request, also in the event that the dispute has not been adequately resolved directly with Us. The proposal can be filed no later than 1 year from the date on which you exercised your right in dispute by informing Us directly.
- 8.2 You also have the right to initiate out-of-court dispute resolution online via the ODR platform available at https://ec.europa.eu/consumers/odr.
9 FINAL PROVISIONS
- 9.1 If our and your legal relationship contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this Contract does not affect your legal rights.
- 9.2 We will deliver all written correspondence to you by E-mail. Our E-mail address is listed within our Contact data. We will deliver correspondence to your e-mail address specified in the Contract or through which you contacted us.
- 9.3 The Contract can only be changed by our written agreement. However, we are entitled to amend these Terms and Conditions, but this change will not affect the Contracts already concluded, rather only the Contracts that will be concluded after the effective date of this change.
- 9.4 In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, subcontractors’ failures, etc.), we will not be liable for damage caused by or in connection with force majeure, and if the force majeure lasts longer than 10 days, We and You have the right to withdraw from the Contract.
- 9.5 The appendix to these Terms and Conditions is a sample form for complaints and a sample form for withdrawal from the Contract.
- 9.6 The Contract, including the Terms and Conditions, is archived in electronic form with Us, but is not accessible to you. When making an order you will be required to confirm agreement with these Terms and Conditions by confirming by checkmark that have read them and given your agreement to them.
- 9.7 Our codes of conduct according to §1826 par. 1 let. g) of the Civil Code.
- 9.8 These Terms take effect on 05.01.2022.