GENERAL TERMS AND CONDITIONS

I.

Basic Provisions

1. These General Terms and Conditions (hereinafter referred to as "GTC") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), by the company

KHER, z. s.

ID No.: 22744983

Registered office: Veverkova 1172/33, Prague 7, 170 00

Registered with the Municipal Court in Prague, Section L, File 24235

Contact details:

Email: obchod@kher.cz

phone: +420 777 050 037

web: www.kher.cz

(hereinafter referred to as the "Seller")

 

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside of their business activities as a consumer or within the scope of their business activities (hereinafter referred to as the "Buyer") via a web interface located on a website available at the internet address www.kher.cz (hereinafter referred to as the "Online Shop").
3. The provisions of the terms and conditions are an integral part of the purchase contract. Any deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in English language.

II.

Information about goods and prices

1. Information about goods, including the prices of individual goods and their main characteristics, is provided for each item in the online shop catalogue. The prices of goods are listed including value added tax, all related fees, and costs for returning goods if, due to their nature, these goods cannot be returned by regular mail. Product prices remain valid for as long as they are displayed in the catalogue. This provision does not preclude the conclusion of a purchase contract under individually negotiated terms.
2. All product presentations in the online shop catalogue are for informational purposes only, and the seller is not obligated to conclude a purchase contract for these products.
3. The online shop publishes information about the costs associated with packaging and delivery of goods within the Czech Republic; as far as delivery to other countries is concerned, the supplier is entitled to charge the actual higher costs.
4. Any discounts on the purchase price of goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

III.

Order and conclusion of the purchase contract

1. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone calls etc.) shall be borne by the buyer. These costs do not differ from the basic rate.
2. The buyer places an order for goods by filling in the order form in the online store.
3. When placing an order, the buyer selects the goods, the number of items, the method of payment, and delivery.
4. Before sending the order, the buyer is allowed to check and change the information they have entered in the order. The buyer sends the order to the seller by clicking the “confirm order” button. The information provided in the order is considered correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and the buyer's confirmation that they have read these terms and conditions.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt to the email address provided by the buyer when placing the order. This confirmation is automatic and is not considered a conclusion of the contract. The purchase contract is concluded only after the seller accepts the order. Notification of order acceptance is delivered to the buyer's email address.
6. If the seller is unable to fulfil any of the requirements specified in the order, they will send the buyer a modified offer to their email address. The modified offer is considered a new draft 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 at the email address specified in these terms and conditions.
7. All orders accepted by the seller are binding. The buyer may cancel the order before the notification of acceptance of the order by the seller is delivered to them. The buyer may cancel the order by email to the seller's email address specified in these terms and conditions.
8. In the event of an obvious technical error on the part of the seller when stating the price of the goods in the online shop or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer has been sent an automatic confirmation of receipt of the order in accordance with these terms and conditions. The seller shall inform the buyer of the error without undue delay and send the buyer a modified offer to their email address. The modified offer is considered a new draft purchase contract, and in such a case, the purchase contract is concluded upon confirmation of acceptance by the buyer to the seller's email address.

IV.

Payment terms and delivery of goods

1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

• by bank transfer to the seller's bank account no. 2000317621/2010 held at Fio banka
• in cash upon personal delivery of the goods,
• via a payment gateway.

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 21 days of the conclusion of the purchase contract.
4. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
6. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before shipment of the goods is not considered an advance payment.
7. The goods are delivered to the buyer:

• to the address specified by the buyer in the order,
• via a parcel delivery service to the address specified by the buyer,
• by personal collection at the seller's premises,
• in the case of digital goods, to the email address specified in the order.

8. The delivery method is selected when ordering the goods.
9. The costs of delivery of the goods, depending on the method of shipment and receipt of the goods, are specified in the buyer's order and in the order confirmation by the seller. If the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
10. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to collect the delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery. By sending the order, the customer confirms that they are interested in the goods and will accept them. In the event of non-acceptance of goods sent COD (cash on delivery), the supplier is entitled to charge the customer for the costs of (re)shipping.
11. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. If the packaging is found to be damaged, indicating unauthorized access to the shipment, the buyer is not obliged to accept the shipment from the carrier.
12. The seller will issue a tax document to the buyer – an invoice or a cash receipt. The tax document is sent to the buyer's email address or enclosed with the delivered goods.
13. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but no earlier than upon receipt of the goods.
14. Responsibility for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was obliged to collect the goods but failed to do so in violation of the purchase contract.

V.

Withdrawal from the contract

1. A buyer who has concluded a purchase contract outside of their business activities as a consumer has the right to withdraw from the purchase contract.
2. The withdrawal period is 14 calendar days

• from the date of receipt of the goods,
• from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts,

3. The buyer may not withdraw from the purchase contract, among other things

• for the delivery of goods that have been modified according to the Buyer's wishes or for their person,
• for the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the Buyer's prior express consent before the expiry of the withdrawal period and the Seller informed the Buyer before concluding the contract that in such a case they do not have the right to withdraw from the contract,

• in other cases specified in Section 1837 of the Civil Code.

4. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
5. To withdraw from the purchase contract, the buyer may use the email address nakladatelstvi@kher.cz or attach their statement of withdrawal to the returned goods. The statement must specify the goods in question, when they were purchased, and how the buyer requests a refund: in cash upon personal delivery or to the account specified in the withdrawal. The seller shall confirm receipt of the withdrawal to the buyer without delay.
6. A buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.
7. If the buyer withdraws from the contract, the seller shall return the purchase price of the goods to the buyer without delay, but no later than 14 days after receiving the returned goods.
8. The seller is not obliged to reimburse the buyer for the costs of delivery (postage, transport, etc.).
9. 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 the goods have been sent to the seller.
10. The buyer must return the goods to the seller undamaged, unused, and unsoiled, and, if possible, in their original packaging. The seller is entitled to unilaterally offset any claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
11. The seller is entitled to withdraw from the purchase contract due to sold-out stock or unavailability of goods. The seller shall immediately inform the buyer via the email address provided in the order and shall return all funds, including delivery costs, received from the buyer under the contract within 14 days of notification of withdrawal from the purchase contract, in the same manner or in a manner specified by the buyer.

VI.

Rights arising from defective performance

1. The seller is liable to the buyer for ensuring that the goods are free of defects upon delivery. In particular, the seller is liable to the buyer for ensuring that at the time the buyer takes delivery of the goods

• the goods have the characteristics agreed upon by the parties, and in the absence of such agreement, have the characteristics described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and based on the advertising carried out by them,
• the goods correspond in quality or design to the model in the catalogue on the seller's website,
• the goods are in the appropriate quantity,
• the goods comply with the requirements of legal regulations.

2. The seller's obligations arising from defective performance shall be at least to the extent that the manufacturer's obligations arising from defective performance continue. Otherwise, the buyer is entitled to exercise their rights arising from a defect that occurs in consumer goods within twenty-four months of receipt.
3. The goods are covered by a 24-month warranty. If the buyer has justifiably notified the seller of a defect in the goods, the period for exercising rights arising from defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.
4. The provisions set out in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear 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 rights arising from defective performance if they knew before taking over the goods that the goods had a defect, or if the buyer caused the defect themselves.
5. In the event of a defect, the buyer may submit a complaint to the seller and request

• replacement with new goods,
• repair of the goods,
• a reasonable discount on the purchase price,
• or withdrawal from the contract.

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

• if the goods have a substantial defect,
• if they cannot be used properly due to the repeated occurrence of a defect or defects after repair,
• in the case of a larger number of defects in the goods.

7. A breach of contract is considered substantial if the breaching party knew or should have known at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen the breach.
8. In the case of a defect that constitutes a minor breach of contract (regardless of whether the defect is removable or irreparable), the buyer is entitled to have the defect removed or to a reasonable discount on the purchase price.
9. If a removable defect occurs repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or if the goods have a larger number of defects (usually at least three defects at the same time), the buyer has the right to claim a discount on the purchase price, exchange the goods, or withdraw from the contract.
10. When making a complaint, the buyer is obliged to inform the seller of the right they have chosen. A change of choice without the seller's consent is only possible if the buyer requested the repair of a defect that proves to be irreparable. If the buyer does not choose their right from a material breach of contract in time, they have the same rights as in the case of a minor breach of contract.
11. If repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price on the basis of withdrawal from the contract.
12. If the seller proves that the buyer knew about the defect in the goods before taking delivery or caused it themselves, the seller is not obliged to comply with the buyer's claim.
13. The buyer cannot make a complaint about discounted goods for the reason for which the goods are discounted.
14. The seller is obliged to provide the buyer with written confirmation (in electronic form is sufficient) of when the buyer exercised their right, the content of the complaint, and the method of handling the complaint requested by the buyer, as well as confirmation of the date and method of handling the complaint, or a written justification for rejecting the complaint.
15. The seller or an employee authorized by the seller shall decide on the complaint immediately, or within three working days in complex cases. This period does not include the time reasonably required for expert assessment of the defect, depending on the type of product or service. Complaints, including the removal of defects, must be settled without delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The useless expiration of this period is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of filing a complaint is considered to be the moment when the buyer expresses their will (exercises their right arising from defective performance) to the seller.
16. The seller shall inform the buyer in writing (an email is sufficient) of the outcome of the complaint.
17. The buyer is not entitled to the right arising from defective performance if the buyer knew before taking delivery of the item that it was defective, or if the buyer caused the defect themselves.
18. In the event of a justified complaint, the buyer is entitled to reimbursement of reasonable costs incurred in connection with the complaint. The buyer may exercise this right with the seller within one month after the expiry of the warranty period, otherwise the court may not grant it.
19. The buyer has the choice of how to make a complaint.
20. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on consumer protection.

 

VII.

Delivery

1. The contracting parties may deliver all written correspondence to each other via email.
2. The buyer shall deliver correspondence to the seller at the email address specified in these terms and conditions. The seller shall deliver correspondence to the buyer at the email address specified in the buyer's order.

 

VIII.

Personal Data

1. All information provided by the buyer in contact with the seller is confidential and will be treated as such. Unless the buyer gives the seller written consent, the seller shall not use the buyer's data for any purpose other than the performance of the contract, with the exception of the email address to which commercial communications may be sent, as this procedure is permitted by law unless expressly refused. This communication may only relate to similar or related goods and can be easily unsubscribed from at any time (by sending a letter or email). The email address will be stored for this purpose for a period of 5 years from the conclusion of the last contract between the contracting parties.

 

IX.

Out-of-court dispute resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from purchase contracts. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from a purchase contract.
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 the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council (EU) No. 524/2013 of May 21, 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 authorized to sell goods on the basis of a trade license. Trade inspections are carried out by the relevant trade licensing office within its jurisdiction. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll. on consumer protection, within a defined scope.

 

X.

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 the laws of the Czech Republic. This does not affect the consumer's rights under generally binding legal regulations.
2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.
3. All rights to the seller's website, in particular copyrights to the content, including the layout of the website, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the seller's consent.
4. The seller is not liable for errors arising as a result of third-party interference with the website or as a result of its use contrary to its intended purpose.
5. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
7. The seller may amend or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

These terms and conditions shall take effect as off June 30, 2021.

 

 

 

PERSONAL DATA PROCESSING AND PRIVACY POLICY

(In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of personal data – GDPR, hereinafter referred to as “GDPR”)

Every customer of the e-shop available at www.kher.cz or subscriber to the newsletter of KHER, the Romani Literature Publishing House, entrusts us with some of their personal data. This personal data processing and privacy policy sets out how we handle personal data at KHER, how we process, archive, use, and protect it, and what rights and obligations arise for both parties in this regard.

1. Personal data controller:

KHER, z. s.

ID: 22744983

Registered office: Veverkova 1172/33, Prague 7, 170 00

Registered with the Municipal Court in Prague, Section L, File 24235

Contact details:

Email: nakladatelstvi@kher.cz

phone: +420 773 231 155

web: www.kher.cz

(hereinafter referred to as "KHER")

2. Method and purpose of processing.

We collect and process personal data only to the extent necessary. This includes the first name, last name, email address, delivery address, and telephone number of the contact person for the purpose of sending/receiving shipments from our shop, company ID number, VAT number—i.e., the data that the customer enters into the form in our e-shop/on our website, whether it is an order for goods or a subscription to a newsletter.

The personal data obtained is used to identify the customer (or the institution they represent) for the purposes of correct addressing and collection of our products or services, and correct invoicing in accordance with applicable law. If it becomes necessary to extend or modify this purpose of processing in the future, the customer will be informed in advance and asked to give their new consent.

KHER may not transfer personal data to any other institution or person, except for a possible processor, unless it has obtained the customer's consent in advance. We only use personal data within the European Union and only process it within this territory.

3. KHER manages a database of personal data of its customers and associates, within which it creates subcategories based on simple common characteristics of customers. Persons who have user access to personal data processed by KHER are bound by the obligation to ensure the protection of processed personal data against misuse and to report any unwanted misuse immediately so that its harmful consequences can be prevented. In addition to the above, personal data is protected by appropriate computer technologies and continuously updated computer programmes. KHER is not responsible for the manipulation of data in the event of an attack on the secure database by third parties.
4. If customers have already purchased goods or services from us or subscribed to our newsletter, they have given us their express consent to send them commercial communications, offers, and invitations, which can be revoked at any time in writing at the above address nakladatelstvi@kher.cz. The conditions for sending newsletters are governed by Act No. 480/2004 Coll., on certain information society services, as amended. We archive the data obtained for these purposes for 5 years.
5. Cookies.
   When browsing our website, we record the visitor's IP address through a small file that our website stores on the hard drive of the computer from which they are viewing our website—this helps us to keep track of which of our products and services visitors are most interested in and, in general, to distinguish which product category is useful for which user. We do not collect any personal data beyond that specified in point 2. This process can be disabled in your browser settings.
6. The GDPR and applicable personal data protection legislation in the Czech Republic guarantee our customers the following rights, among others:

- the right to information – this is covered by this list of Principles for the Handling of Personal Data at KHER, z. s. If it is necessary to update or extend consent, the customer will be clearly informed of this in advance.

- the right to access personal data – within 30 calendar days of a request from the customer, we will document what data we process in relation to them and why, and we will ensure that they have access to it,

- the right to supplement and change – in the event of any change or addition, in particular to the above-mentioned personal data,

- the right to restrict processing – if the subscriber does not agree with the scope or manner in which we process their personal data, or objects to this, and at the same time does not request the deletion of personal data, we will restrict the processing of their data by separating it and waiting until we agree on the correct scope of processing in terms of scope and purpose; we will also restrict the processing of their personal data if they request its processing for the purposes of exercising their legal claim and the deletion of the data would therefore be undesirable,

- right to portability – if necessary to transfer personal data to a controller other than KHER, we will send the processed personal data in machine-readable form within 30 calendar days so that the subscriber can submit it to another controller,

- right to erasure (to be forgotten) – if the subscriber so wishes, we will erase personal data within 14 days from all our databases and files in which we manage it, and we will no longer process it; however, erasure for processing purposes required by law (billing, accounting, and tax purposes) is excluded,

- the right to lodge a complaint with the Office for Personal Data Protection – a complaint to the Office is possible if there is a suspicion that KHER is not handling personal data correctly and in accordance with applicable law.

If you have any further questions regarding the processing of personal data by KHER, z. s., or regarding the above principles, please contact us at nakladatelstvi@kher.cz.

These principles take effect on June 30, 2021, and are available on the website and e-shop at www.kher.cz.