General Terms and Conditions

General Terms and Conditions

"T&C"

1. Basic provision

These General Terms and Conditions (hereinafter referred to as " GTC ") govern the relations between the parties to the purchase agreement, where on the one hand the company Kobram s.r.o., Janáčkova 1024/18, Ostrava 702 00, ID: 26904390 VAT: CZ26904390 is the seller (hereinafter referred to as " Kobram ” or “the seller”) and on the other side is the buyer (hereinafter referred to as the “ Buyer ”).

The buyer is a consumer or entrepreneur.

A consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, concludes a contract with the seller or deals with him in any other way.

An entrepreneur is a person who independently performs a gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so consistently in order to achieve profit. For the purposes of consumer protection, any person who concludes contracts related to their own business, production or similar activity or in the independent exercise of their profession, or a person who acts on behalf of or on behalf of an entrepreneur is considered an entrepreneur, among other things. For the purposes of the General Terms and Conditions, an entrepreneur is a person who acts in accordance with the previous sentence as part of his business activity. If the Buyer states his identification number in the order, he acknowledges that the rules specified in the GTC for entrepreneurs apply to him.

By placing an order, the buyer confirms that he has familiarized himself with these GTC before concluding the contract, an integral part of which are the notices before concluding the contract contained in the complaints procedure, the conditions for the protection of personal data and the choice of transport method, and that he expressly agrees with them, in the valid and effective version at the time of sending the order.

The buyer is aware that by purchasing the products that are in the seller's business offer, he does not acquire any rights to use the registered brands, trade names, company logos, etc. of the seller or the seller's contractual partners, unless otherwise agreed in a special contract in a specific case.

The Buyer will receive the invoice and/or receipt according to the Act on the Registration of Sales and Tax Document, containing the basic data of the contract, by email or in the form of a download link or in paper form together with the purchase upon delivery / acceptance of the purchased goods. Buyer agrees to this. Links to the Listed documents are sent to the Buyer at the e-mail address specified by the Buyer when placing the order or included in the delivery of the goods.

1. Notice before concluding the contract

The seller informs that

1. the costs of means of remote communication do not differ from the basic rate (in the case of Internet and telephone connection according to the terms and conditions of the Buyer's operator;
2. requires payment of the purchase price before the Buyer takes over the performance from the Seller, or the obligation to pay an advance or a similar payment refers to the Buyer's requirements for the provision of specific services, if they are required and provided;
3. The seller does not conclude contracts, the subject of which is repeated performance, unless otherwise stated in the addendum to the contract.
4. the prices of goods and services are shown on the website operated by the operator/seller including and excluding VAT, including all fees set by law, however the cost of delivering goods or services varies depending on the chosen method and transport provider and the method of payment; until the seller becomes a VAT payer, the listed prices are final
5. in the event that the Buyer is a consumer, such consumer has the right to withdraw from the contract (unless otherwise stated below), within a period of fourteen days, which runs if
1. purchase contract, from the day of acceptance of the goods
2. a contract, the subject of which is several types of goods or the delivery of several parts, from the date of acceptance of the last delivery of goods; or
3. while this withdrawal must be sent to the address of the seller's registered office or to the seller's e-mail address.
6. the consumer cannot withdraw from the contract:

1. o the provision of services that the seller fulfilled with the prior express consent of the consumer before the expiry of the period for withdrawing from the contract;
2. on the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the withdrawal period;
3. about the delivery of goods that have been modified according to the wishes of the consumer or for his person;
4. about the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery;
5. about the delivery of goods in closed packaging, which the consumer removed from the packaging and for reasons of hygiene it is not possible to return it;

1. in case of withdrawal from the contract, the consumer will bear the costs associated with returning the goods, and in the case of a contract concluded via a means of distance communication, the costs of returning the goods, if these goods cannot be returned by the usual postal route due to their nature;
2. contract, or the relevant invoice/proof of purchase/receipt will be stored in the electronic archive of the seller,
3. if the consumer has a complaint, he can apply it via the contact form or you can file a complaint with a supervisory or state supervisory authority.
4. In the case of pre-ordering goods by the Buyer, the price of such goods is only preliminary. The resulting price of the goods may therefore vary. The seller will inform the buyer about the price change. The purchase price of the goods will be determined only after the goods have been stocked by the seller. Any difference between the paid estimated price and the purchase price will be returned by the seller or paid to the buyer before the delivery of the goods, unless the buyer decides to cancel the pre-order. The seller reserves the right to change the delivery date for goods that can be pre-ordered. In the event of a significant change in the delivery date (i.e. 14 days), the Buyer has the right to withdraw from the contract. If the circumstances on which the Seller was based at the time of pre-ordering the goods by the Buyer change to such an extent that it will not be possible to reasonably demand that the Seller be bound by the pre-order, the Seller has the right to cancel the pre-order without further ado and subsequently inform the Buyer thereof.
5. her contact e-mail address is jakub@kobram.cz

III. Contract

1. A conclusion of the contract

The Buyer can conclude the contract by accepting the proposal to conclude the contract on the website operated by the seller, by placing the required performance (goods, service, electronic content) in the basket or by purchasing express. An employee of the seller can assist the buyer in concluding the contract, either directly at the branch or by phone or email order. Before the Buyer confirms the order in a binding manner, the Buyer has the right to change both the required performance, the transport and the method of payment, i.e. to check all the data he entered in the order. The purchase contract is created by the sending of the order by the Buyer after choosing the transport and payment method and the acceptance of the order by the seller, the seller is not responsible for any errors during data transmission. The seller will immediately confirm the conclusion of the contract to the Buyer by sending an informative email to the email specified by the Buyer.

The resulting contract (including the agreed price) can be changed or canceled only based on the agreement of the parties or on the basis of legal reasons, unless otherwise stated in the General Terms and Conditions.

If any gift is provided with the goods that the Buyer does not use, the Buyer is obliged to contact the seller in advance and inform him that he is not interested in the gift. In such a case, the goods will be sold to the Buyer without this gift. If he does not do so, in case of withdrawal from the contract, the Buyer is obliged to return this gift according to Article IV (Withdrawal from the contract), point 1. (Withdrawal from the contract).

The concluded contract is archived by the seller for a period of at least five years from its conclusion, but no longer than for the period according to the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to third parties. Information about the individual technical steps leading to the conclusion of the contract can be seen from these terms and conditions, where this process is clearly described.

2. Delivery of the purchase item

With the purchase contract, the seller undertakes to hand over the product that is the subject of the purchase to the buyer and allow him to acquire ownership of the product, and the buyer undertakes to take over the product and pay the seller the purchase price.

The Seller reserves the right of ownership to the product, and therefore the Buyer becomes the owner only after full payment of the purchase price.

The Seller will hand over the product to the Buyer, as well as the documents relating to the product, and enable the Buyer to acquire ownership of the product in accordance with the contract.

The Seller fulfills the obligation to hand over the product to the Buyer if he allows him to handle the product at the place and time of fulfillment.

If the seller is to send the product, he will hand over the product to the buyer (entrepreneur) by handing it over to the first carrier that the buyer has chosen for transportation and will allow the buyer to exercise the rights from the transport contract against the carrier, the seller will hand over the product to the buyer - consumer only as soon as the product is handed over to him by the carrier. In the case of sending the product abroad, meaning outside the Czech Republic, the product will be handed over to the buyer by handing over the product to the first carrier chosen by the buyer.

If the Seller delivers a larger quantity of products than was agreed upon, the purchase contract is also concluded for the excess quantity, unless the Buyer has rejected it without undue delay.

The Seller will hand over the purchase item to the Buyer in the agreed quantity, quality and design.

If it is not agreed how the product should be packed, the seller will pack the product according to customs; if they are not, then in a manner necessary to preserve the product and protect it. In the same way, the seller arranges the product for transport.

With regard to the minimization of damages and the provision of trouble-free supply, the seller reserves the right to deliver the goods to the Buyer who, within the framework of one order and/or on one day, ordered goods for a total value exceeding CZK 10,000 incl. VAT, only after full payment of the total purchase price. Once the Buyer has paid the total purchase price of the purchased goods, the Seller will carry out the shipment in accordance with the Buyer's requirements set out in the order.

3. Passing of risk of damage

The Buyer's right from defective performance is based on a defect that the product has when the risk of damage passes to the Buyer, even if it becomes apparent only later. The Buyer's right shall also be established by a later arising defect caused by the Seller's breach of duty.

If possible, the buyer will inspect the product as soon as possible after the risk of damage to the product has passed and make sure of its properties and quantity.

The risk of damage passes to the Buyer upon receipt of the product. The same has the effect if the Buyer does not take over the product, even if the Seller has allowed him to dispose of it.

Damage to the product, which occurred after the risk of damage to the product has passed to the Buyer, does not affect his obligation to pay the purchase price, unless the seller caused the damage by breaching his obligation.

If a party delays in taking over the product, the other party has the right to sell the product in a suitable manner after prior notice to the delayer's account, after providing the delayer with an additional reasonable period for acceptance. This also applies if the party delays payment, which is conditional on the delivery of the product.

4. Responsibilities of the Seller

The Seller is responsible to the Buyer that the product has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the product,

1. the product has the properties agreed upon by the parties and, in the absence of an agreement, such properties as the seller or manufacturer has described with regard to the nature of the goods and on the basis of the advertising carried out by them;
2. the product is suitable for the purpose that the seller states for its use or for which a product of this type is usually used;
3. is the product in the appropriate quantity, measure or weight, taking into account possible natural losses.

For the Buyer entrepreneur, the period for exercising rights from defective performance may be regulated differently, if this is explicitly stated for the given type of goods, the period thus stated takes precedence.

The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over the product that the product had a defect, or if the Buyer himself caused the defect.

5. Minor breach of contract

If the defective performance is an insignificant breach of contract, the Buyer has the right to remove the defect or to a reasonable discount from the purchase price.

As long as the Buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the Seller can deliver what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the product or delivering a new product.

If the seller does not remove the product defect in time or refuses to remove the product defect, the Buyer may request a discount from the purchase price or withdraw from the contract. The choice made cannot be changed by the Buyer without the consent of the Seller.

6. Breach of contract in general

The Buyer has the right to deliver a new product or replace a part of the product even in the case of a removable defect, if the product cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer - consumer also has the right to withdraw from the contract.

Upon delivery of a new product, the Buyer shall return to the Seller, at the Seller's expense, the originally delivered product, including all supplied accessories.

If the Buyer did not report the defect without unnecessary delay after he could have discovered it during a timely inspection and sufficient care, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the Buyer could have discovered it with sufficient care.

7. Quality guarantee

With a quality guarantee, the seller undertakes that the product will be suitable for use for the usual purpose or that it will retain the usual properties for a certain period of time. The indication of the warranty period or the period of use of the product on the packaging also has these effects.

The warranty period runs from the delivery of the product to the Buyer; if the product has been shipped according to the contract, it runs from the time the product is finished to the destination. The Buyer has no right from the warranty if an external event caused the defect after the risk of damage to the product has passed to the Buyer.

8. Subsequent sale of the purchased product

If the Buyer sells, donates or otherwise transfers the product purchased from the seller to another person, he is obliged to inform the seller about this.

If the Buyer does not inform the Seller about this, the Seller still considers this Buyer to be the owner of the given product and the person to whom the rights from defective performance belong.

14. Special rules when buying products from the age of eighteen

The purchase of a product intended for those over eighteen years of age and the visit of sites where these products are offered are prohibited to persons under the age of 18. By creating and completing an order for this product, the buyer represents that they are over 18 years of age. The Seller declares and the Buyer acknowledges that when taking over the product, the seller, possibly the carrier or any other entity that delivers the product to the Buyer, is entitled to check the identity card or other identity document, in order to verify that the Buyer is over 18 years old. If the Buyer does not submit to this inspection or if he is under 18 years of age, the product will not be issued to him and the seller will automatically withdraw from the purchase contract.

1. Withdrawal from the contract
2. Withdrawal from the contract by the consumer

The consumer has the right to withdraw from the contract within fourteen days. The period according to the first sentence runs from the date of conclusion of the contract and if it is about

1. purchase contract, from the day of acceptance of the goods;
2. a contract, the subject of which is several types of goods or the delivery of several parts, from the date of acceptance of the last delivery of goods; or
3. contract, the subject of which is the regular repeated supply of goods, from the date of acceptance of the first supply of goods.

You can also withdraw by correspondence, at the following address:

Cobra

Janáčkova 1024/18

Ostrava 702 00

If the consumer withdraws from the contract, he shall send or hand over to the seller without undue delay, no later than fourteen days from the withdrawal from the contract, the goods he received from the seller, at his own expense.

The consumer should return the goods complete, i.e. including all supplied accessories, with complete documentation, undamaged, clean and including the original packaging, in the condition and value in which he received the goods. The goods must not have broken seals or other packaging security instruments against opening, further only if the Buyer delivers the goods undamaged and unused in intact original packaging.

If the consumer decides to withdraw within the specified period, the seller recommends that, in order to speed up the processing of the withdrawal, the goods be delivered to the seller's address together with the attached cover letter with the possible reason for withdrawing from the purchase contract with the number of the purchase document and the specified bank account number or indicating whether the amount will be collected in cash or whether it will be drawn in the form of Credit for the next purchase.

In case of payment of the credit note in cash, the seller may require the presentation of an identification card (OP or passport), in order to prevent damages and prevent the legalization of proceeds from criminal activity. Without presenting any of these documents, the seller may refuse to pay the funds.

If the consumer withdraws from the contract, the seller will return to him without undue delay, no later than fourteen days from the withdrawal from the contract, all funds received from him on the basis of the contract in the same way. The deadline will be counted only after the handover of all documents and goods as stated above. If your requirements are not fulfilled, the buyer has no right to demand fulfillment until everything is properly handed back to the seller.

The buyer acknowledges the fact that if gifts are provided with the goods, a gift contract is concluded between the seller and the buyer with the condition that if the right to withdraw from the purchase contract is used within a period of 14 days, the gift contract ceases to be effective and the consumer is obliged together with the returned goods, return the related gifts provided, including everything with which he was enriched. In the event that these are not returned, these values ​​will be understood as unjust enrichment of the consumer. If the release of the subject of unjustified enrichment is not possible, the seller has the right to monetary compensation in the amount of the usual price. In case of withdrawal from the gift contract, the purchase contract does not expire and the contracts are assessed separately from this point of view.

2. Withdrawal from the contract by the entrepreneur and in other cases

The buyer entrepreneur may be allowed by the seller to withdraw from the purchase contract within 14 days. If the value of the purchased goods is higher than CZK 50,000 incl. Such a withdrawal from the contract is not possible for VAT.

If the Buyer entrepreneur is allowed to withdraw from the purchase contract within fourteen days, then the Buyer acknowledges that the returned purchase price may be reduced by the amount by which the value of the goods has decreased.

If the Buyer entrepreneur is allowed to withdraw from the purchase contract within fourteen days and the returned goods are not in the original packaging including all components and accessories, then the Buyer acknowledges that the Seller reserves the right to charge for such return of the goods, in such an amount that the Seller will compensate for the costs that must be incurred to re-introduce the goods for sale.

The buyer cannot withdraw from the contract or demand the delivery of a new product if he cannot return the product in the condition in which he received it.

In order to protect the Buyer's rights, if the Buyer is a legal entity, the repayment of the credit note will be provided only in the form of a bank transfer to the Buyer's registered account.

1. Opening hours

Orders through the seller's online store: 24 hours a day, 7 days a week.

In the event of an information system failure or force majeure, the seller is not responsible for non-compliance with operating hours.

1. Prices

All prices are negotiable. In the online e-shop www.canislab.eu there are always up-to-date and valid prices, in Czech currency (CZK), with the exception of cases where an incorrect price is indicated, see the provisions below in this article.
The prices listed for individual products are final, i.e. including VAT, or all other taxes and fees that the consumer must pay in order to obtain the goods, however, this does not apply to possible fees for transport, cash on delivery and costs of communication by remote means, which are only indicated in the so-called shopping basket and their amount depends on the choice of the Buyer .

However, the buyer takes into account that the final prices for the products are given after rounding to whole crowns in accordance with the relevant legal regulations, so in specific situations there may be a slight deviation in the final sum of all purchased products from the purchase price stated in this way, this is given precisely due to rounding to whole crowns. Detailed breakdown of the purchase price, incl. pennies, is always listed in the Buyer's basket.

Promotional prices are valid until stock runs out when specifying the number of promotional items or for a specified period of time.
The original price means the price of the goods/services at which the seller offered the goods/services without taking into account all possible bonuses, marketing campaigns to support sales and other discount events on the e-shop operated by the seller, or the price non-bindingly recommended by the manufacturer or distributor, while the one from prices that better reflect the price level of the given product on the market.

The Buyer acknowledges that there may be cases when a contract between the Seller and the Buyer is not concluded, especially if the Buyer orders goods at a price published by mistake due to an error in the Seller's internal information system, the Seller is entitled to withdraw from the purchase contract, even after the Buyer has received an e-mail confirming his order. In such a case, the Seller informs the Buyer about such fact. Examples of when an erroneously published price may occur are in particular the following:

• the price of the goods is incorrect at first glance (e.g. does not take into account the purchase price);
• one or more figures remain or are missing from the price of the goods;
• the discount on goods exceeds 50%, without the goods being part of a special marketing campaign or sale marked with a special symbol.

The Seller reserves the right to declare the purchase contract invalid if there has been misuse of personal data, misuse of a payment card, etc., or due to the intervention of an administrative or judicial authority, the Buyer will be informed of such a procedure.

Furthermore, the seller reserves the right to declare the purchase contract to be invalid if there is an unauthorized use of a discount or similar voucher in violation of its terms, especially in cases where:

• the discount voucher is used for goods other than those for which it was intended;
• the discount voucher is used in conjunction with another discount, even though the addition of these discounts was not expressly prohibited;
• the discount voucher is used for a purchase that does not reach the minimum set price;
• The seller finds out that the discount voucher has already been used.

The Buyer acknowledges that in the mentioned cases the purchase contract cannot be validly entered into, and at the same time the Buyer acknowledges that the Seller is entitled to demand, among other things, unjustified enrichment.

VIII. Ordering

You can order in the following ways:

1. 
   through the seller's electronic store (hereinafter referred to as "e-shop");
   b. by e-mail jakub@kobram.cz or another address listed in the contacts at www.canislab.eu
   c. in person at the seller's premises
   d. by telephone.

The buyer/carrier will be informed about the exact time of delivery of the ordered goods via e-mail. The length of delivery of the ordered goods and the shipping price depends on the shipping method that the Buyer chooses in the second step of the order within his basket.

1. Payment Terms

The seller accepts the following payment options:

Transfer to the seller's account, payment gateway or cash on delivery. You can always choose payment methods when ordering

The goods remain in the seller's possession until full payment and acceptance, but the risk of damage to the product passes to the buyer upon acceptance of the goods.

The Buyer's invoicing data cannot be changed retroactively after the order has been sent.

The Seller reserves the right to offer the Buyer only selected payment methods at its own discretion.

According to the Sales Registration Act, the seller is obliged to issue a receipt / invoice to the buyer and at the same time is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.

In case of payment by payment card at the branch, the Buyer is obliged to hide the data on his payment card and his PIN code.

Payment gateway:

The FONDY payment gateway is a simple and secure online payment method. Fundy's payment gateway is under the supervision of the National Bank / authorization number FCA UK, No. 900705 /. After selecting a payment option, you will be redirected to the bank's page. When paying by card, you must enter your payment card details. Your payment will be credited within a few minutes. In this way, you pay with a payment card via
internet or fast online bank transfer. There is no charge for this payment method.

You can find more information on our website: https://fondy.eu/sk-sk/
If necessary, do not hesitate to contact us: slovakia@fondy.eu

Payments in cryptocurrencies

If the seller allows payments in cryptocurrencies, this payment method will be listed in the payment options. The buyer can also choose payment in one of the cryptocurrencies offered by the seller (e.g. Bitcoin) as a payment method. If, in such a case, the Buyer for any reason requests a refund of the purchase price for the goods purchased in this way, the purchase price can only be refunded in the currency indicated on the invoice for the goods purchased in this way (usually in Czech crowns), exclusively in the amount indicated on invoice.

Money Back

If the Buyer withdraws from the concluded contract with the seller or if the funds are returned to the Buyer for another reason, the seller will return the funds received from him on the basis of the contract to the Buyer in the same way. The buyer is responsible for the correctness of the information for the refund.

1. Terms of delivery
2. Methods of delivery

The seller provides or mediates the following delivery methods:

Individual modes of transport are offered according to the current availability of individual services and with regard to capacity and travel options. In the event of force majeure or failure of the seller's information system, the seller is not responsible for delayed delivery of goods.

You can find all the offered modes of transport, their current conditions and prices when completing the order.

2. Other conditions

In the case of picking up an order that has been paid for in advance via the Internet, the Buyer will prove himself with an identification number.

When picking up an order paid for in advance, the seller or its contractual partner may require the presentation of an identification card (OP or passport), in order to prevent damages and prevent the legalization of proceeds from criminal activity. Without presenting any of these documents, the seller or its contractual partner may refuse to issue the goods. This authorization follows from § 2900 of the Civil Code, which stipulates the obligation of prevention and prudence.

The goods purchased by the buyer-legal entity will only be handed over to the statutory body of the given legal entity, or to a person who proves himself with a certified power of attorney. The goods purchased by the self-employed buyer will only be handed over upon presentation of a valid identification card (ID card or passport).

The buyer is obliged to check the condition of the shipment (number of packages, intactness of the tape with the company logo, damage to the box) with the carrier immediately upon delivery according to the attached waybill. The buyer is entitled to refuse acceptance of a shipment that is not in accordance with the purchase contract because the shipment is, for example, incomplete or damaged. If the Buyer takes over the shipment damaged in this way from the carrier, it is necessary to describe the damage in the carrier's handover report.

An incomplete or damaged shipment must be reported immediately by e-mail to jakub@kobram.cz , a damage report must be drawn up with the carrier and sent to the seller by e-mail or post without undue delay. An additional complaint about the incompleteness or external damage of the shipment does not deprive the Buyer of the right to complain about the product, but it gives the seller the opportunity to prove that this is not a violation of the purchase contract.

3. Contests and deadlines for claiming the prize

In the event that the winner wins in a competition organized by the seller, this winner is obliged to collect the prize within 30 calendar days from the day when the results of such competition were announced by the seller. The winner's right to the prize expires upon the futile expiration of this period, when the prize is forfeited to the organizer.

1. Warranty conditions

The warranty conditions for the goods are governed by the Seller's Complaints Regulations and the relevant legal regulations of the Czech Republic. A proof of purchase usually serves as a warranty card.

XII. Final Provisions

Relationships and any disputes that arise on the basis of the contract will be resolved exclusively according to the law of the Czech Republic and will be resolved by the relevant courts of the Czech Republic. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 of this Convention.

Any disputes between the seller and the buyer can also be resolved out of court. In such a case, the Buyer - consumer can contact the subject of out-of-court dispute resolution. Before proceeding with an out-of-court settlement of the dispute, the seller recommends that the Buyer first use the contacts with the seller to resolve the situation.

The contract is concluded in the Czech language. If a translation of the text of the contract is created for the buyer's needs, it applies that in the event of a dispute about the interpretation of terms, the interpretation of the contract in the Czech language applies.

This contract is also governed by and/or the seller's complaint procedure.

These General Terms and Conditions, including their parts, are valid and effective from 30 October 2020 and cancel the previous version of the General Terms and Conditions, including their parts.