Terms and conditions | KV2 Audio

1. Introductory provisions
   1. These terms and conditions apply to the relationship between the seller and the buyer who is pursuant a consumer as defined hereunder. Relations between a seller and a buyer who is not a consumer are governed by the provisions of Act. No. 89/2012 Coll., Civil Code, as amended. Relations between the seller and the buyer-consumer not regulated by these terms and conditions are governed by Act. No. 634/1992 Coll., on consumer protection, as amended, and Act. No. 89/2012 Coll., Civil Code, as amended. At the request of the buyer-consumer, the seller will send the consumer the terms and conditions in paper form. Legal relations not regulated by these conditions or by the above-mentioned legal regulations are governed by other relevant regulations of the Czech legal system.
   2. The seller is KV2 Audio International spol. s r.o., with its registered office at Nádražní 936, Milevsko 399 01, IČ: 260 51 591, registered under No. C 11239 at the Regional Court in České Budějovice (hereinafter also referred to as KV2 Audio).
   3. Contact: shop@kv2audio.com, tel: +420 383 809 320 (for English), +420 602 563 348 (for Czech). For all calls to the mentioned telephone lines, a standard toll is charged.
   4. A consumer is a natural person who does not act within the scope of his business activity or within the scope of an independent performance of his profession when concluding a purchase contract with the seller. Within these terms and conditions, a consumer is referred to as a "buyer".

2. Order, draft purchase contract, conclusion of the purchase contract
   1. The purchase contract can be concluded within a purchase on the online store or based on an individual electronic communication. The offer of goods is available on the web page shop.kv2audio.com and is regularly updated by the seller.
   2. An order of goods selected from the offer published in the said online store, made by the buyer via the online order form or via an individual electronic message constitutes a proposal for concluding a purchase contract. This proposal is valid for 14 days. When placing an order via the online form, the buyer is guaranteed the possibility to check, change and/or correct the data filled in the order form. By sending the order form or by sending an individual email with the order, the buyer agrees with these terms and conditions and with the conditions of personal data protection.
   3. The receipt of the order shall be confirmed to the buyer by an automatically generated email containing a summary of the order. Subsequently, the seller shall contact the buyer individually by email, in which the seller will state, among other things: summary of the order, price of goods, VAT (if charged), price of transport and packaging costs, method of payment and invoice. This email is considered a new offer of entering into a purchase agreement. This new contract offer is valid for 14 days. This new offer includes these terms and conditions in the Czech and / or English language.
   4. The purchase contract between the seller and the buyer is concluded when the buyer pays for the goods; the decisive moment is the crediting of the purchase price to the seller's account. The concluded purchase contract (including the agreed price) can be changed or canceled only by an agreement of the parties or based on other legal grounds pursuant to relevant legal provisions.
   5. The purchase contract can be concluded in Czech or in English.

3. Payment, delivery time
   1. Payment for the goods can only be made by a bank transfer to the seller's account. The seller does not charge the buyer any fee for the administration of the payment.
   2. By sending the order, the buyer agrees to receiving the invoice in an electronic form. Upon buyer’s request, it is possible to send to the buyer the invoice in paper form together with the goods.
   3. Delivery times are for information only and depend on the specific capacities and terms of the carriers.

4. Withdrawal from the contract
   1. The buyer has the right to withdraw from the contract within 14 days. This period begins the following day of the delivery of the goods. To meet the deadline, it is sufficient if the consumer sends to the seller a notice on withdrawal from the contract within these 14 days. In the withdrawal notice, we recommend the consumer to state the order number, the date of purchase, list of goods purchased and the account number for the refund.
   2. Withdrawal notice can be sent to the seller by e-mail or by post to the address of the seller's registered office. To withdraw, it is possible to use the model form available here.
   3. The buyer is obliged to return the delivered goods to the seller within 14 days of withdrawal. The buyer is obliged to cover the cost of returning the goods to the seller.
   4. If the buyer withdraws from the contract in accordance with the preceding paragraphs, the seller will return the funds received from the buyer within 14 days of withdrawal, in the same way as the seller received it from the buyer, unless otherwise specified by the buyer. The seller is also entitled to return the funds when at the return of the goods or another moment if the buyer agrees to it and if such arrangement does not cause the buyer to incur additional costs. Notwithstanding the forgoing provision, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
   5. The buyer is accountable for the reduction in the value of the goods as a result of handling the goods in a manner other than necessary to become acquainted with the nature and properties of the goods, including its functionality. The seller further warns the buyer that the buyer is not entitled to withdraw from the contract for custom-made goods or personalized goods.

CONTRACT WITHDRAWAL FORM

5. Rights from defective performance (Claims Procedure)
   1. The rights of the buyer from defective performance (hereinafter referred to as "claims") must always be exercised in accordance with these terms and conditions.
   2. The seller is not liable for defects in the following cases:
      • if there is a defect in the goods due to which the goods were sold with a discount
      • if the defect is a result of the wear and tear caused by its normal use, or if it is caused by the nature of the product
      • if the defect is caused by the buyer due to improper use, storage, improper maintenance, buyer intervention or mechanical damage,
      • if the defect was caused by an external event beyond the control of the seller
   3. The buyer has the right to file a claim at shop@kv2audio.com or in paper form or in person at the address of the logistics department, KV2 Audio International spol. s r.o., Nádražní 936, Milevsko 399 01.
   4. The buyer is obliged to prove the date of purchase, either by submitting an invoice, or in another relevant way.
   5. The buyer can exercise his rights from defective performance within 24 months of delivery of the goods. After the expiration of the period, the right from defective performance cannot be exercised against the seller unless the contracting parties agree otherwise or the seller provides a special guarantee for quality beyond his legal obligations.
   6. The buyer shall exercise his rights from the defective performance without any undue delay after finding out that the goods are defective. The seller is not responsible for an increased extent of the damage if the buyer uses the goods, despite knowing about the defect. If the buyer claims a defect against the seller in accordance with his rights, the period for exercising the rights from the defective performance does not run for the term during which the goods are under repair and the buyer cannot use them.
   7. The buyer acknowledges that in the event of an exchange of goods as part of the settlement of a complaint due to a defective performance, there is no new period for exercising the rights arising from a new defective performance. The period ends 24 months of the delivery of the originally claimed goods.
   8. The period for exercising the rights from defective performance cannot be considered as determining the service life of the goods, it differs with regard to the character of each product, its maintenance, means of use, intensity of use or the agreement between the buyer and seller.
   9. The seller shall decide on the complaint without any undue delay. The seller is obliged to issue a written confirmation to the buyer, stating the date and place of the complaint, the parameters of the alleged defect, the buyer's required means of settling the complaint and a form in which the buyer choses to be notified of his settlement. Complaints, including the repair of the defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a fundamental breach of a contract. The seller is obliged to confirm in writing to the buyer the method of settling the complaint and its duration. The buyer is not entitled to change the once chosen method of settling the complaint without the consent of the seller, except in a situation where the chosen method of settling is not feasible (that is not feasible at all or not feasible to accomplish before the expiration of the legal period).
   10. The buyer is obliged to pick up the claimed goods within 30 days from the day when the complaint should have been settled at the latest, after this time the seller is entitled to charge the buyer reasonable storage or sell the goods himself on behalf of the buyer. The seller must notify the buyer of this procedure in advance and give him a reasonable additional period to take over the goods.
   11. If the defective performance is a fundamental breach of a contract, the buyer has the right (i) to be delivered a new item without defects or the missing item, (ii) to have the defect repaired, (iii) to receive a reasonable discount on the purchase price, or (iv) to withdraw from the contract.
   12. If the defective performance is a minor breach of the contract, the buyer has the right (i) to undo the defect (repair or replace), or (ii) to receive a reasonable discount on the purchase price.
   13. If the buyer does not report the defect in time, he loses the right to withdraw from the contract.
   14. If the defect becomes apparent within six months of delivery of the goods, the item is considered to have been defective at the time of receipt.
   15. If the complaint is recognized as justified, the buyer has the right to be reimbursed of relevant incurred costs associated with the exercise of his right, including costs associated with the return of the goods.
   16. If the seller rejects the complaint as unjustified, the buyer, or in agreement with the seller both parties, may turn to a relevant expert and request the processing of an independent expert assessment of the defect. If no agreement is reached between the buyer and the seller, the buyer can turn to the competent state authority.
   17. If the seller has provided a quality guarantee beyond its legal obligations, its application is governed by these terms and conditions, if the confirmation of the seller's obligations from defective performance (warranty) or the contract does not stipulate otherwise.

6. Final provisions
   1. The seller does not follow any official ethics code.
   2. The handling of complaints is processed by the seller via the electronic address shop@kv2audio.com. The seller will notify the buyer on the settlement of his complaint via electronic mail.
   3. The seller is entitled to sell goods based on a trade license. Trade licensing office (ŽÚ) is the authorized control authority. The Office for Personal Data Protection supervises the area of ​​personal data protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended, (www.coi.cz).
   4. All claims from the legal relationship of the seller and buyer arising from visiting shop.kv2audio.com are to be processed by Czech courts or other relevant Czech authorities.
   5. These terms and conditions are valid as stated on the website of the seller on the day of sending the order to the buyer. After its confirmation, the buyer's order is archived in order to fulfill the contract between the buyer and the seller and also in order to fulfill seller’s legal obligations. By sending the order, the buyer agrees to the sending of commercial messages.
   6. These terms and conditions can be downloaded and archived by the buyer. At the moment of sending the order, the buyer accepts all provisions of the terms and conditions as amended on the day of sending the order.
   7. These terms and conditions have been executed in Czech and in English. In case of a discrepancy between the two versions, the Czech version shall prevail.