Please read our Terms and Conditions of Sale before placing an order. If you wish to keep a copy for your records please print this screen.
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
1.1. "Supplier" means Kolembusová Jana - BJanka
1.2. "Goods" means the goods or services supplied by Kolembusová Jana - BJanka
1.3. "Customer" means the person or company who purchases or agrees to purchase goods or services from Kolembusová Jana - BJanka
2.1. These terms and conditions of sale apply to all goods supplied by the Supplier.
2.2. No contract exists between the Customer and the Supplier for the sale of any goods or services until the Supplier has received and accepted your order.
2.3. An acknowledgement of your order will be sent to you via e-mail when you place your order.
2.4. The Supplier may change these terms and conditions of sale without notice to you in relation to future sales.
2.5. The contract is subject to your right of cancellation.
2.6. The Supplier reserves the right the decline any order for any reason.
3. Variations to this contract
3.1. Unless expressly agreed in writing signed by a duly authorised representative of Kolembusová Jana, the terms of this contract apply to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).
4. Description of the goods
4.1. The description and price of the goods you order will be as shown on the Suppliers website at the time you place your order.
4.2. The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible.
5. Price of the Goods
5.1. Every effort is made to ensure that prices shown on the Suppliers website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 7 days of informing you of the error, the order will be cancelled and you will be notified by email. If you cancel your order prior to despatch, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the goods.
5.2. In addition to the price, you may be required to pay;
5.2.1. Delivery charges
5.2.2. Value Added Tax and any other taxes
5.3. Goods marked as free items under promotional offers will be treated as a component of the primary goods sold.
6.1. Payment for the goods and delivery charges can be made by any method shown on the Suppliers website at the time you place your order.
7.1. Orders placed before 3:00 pm on a working day (Monday to Friday excluding public holidays) will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all items are in stock.
7.2. The goods you order will be delivered to the delivery/shipping address given when you place your order.
7.3. If delivery cannot be made to your delivery/shipping address for reasons under the Suppliers control, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card, or bank account for delivery.
7.4. If you deliberately fail to take delivery of the goods when delivery is attempted, then the Supplier may:
7.4.1. Store the goods until actual delivery and charge you for reasonable costs of storage; or
7.4.2. sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) credit to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
7.5. If you fail to take delivery because you have cancelled your contract, the Supplier shall refund or re-credit you within 30 days any sum that has been paid by you or debited from your credit card, or bank account for the goods less any expenses incurred for failed delivery.
7.6. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delays in delivery.
7.7. Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
7.8. Upon receipt of your goods you have 48 hours to notify us of any missing items or discrepancies in your order.
8.1. The goods are at your risk from the time of delivery.
8.2. Ownership of the goods shall not pass from the Supplier to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of: the goods, and all other sums which are or which become due to the Supplier from you on any account.
8.3. The Supplier shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Supplier.
9. Your right of cancellation
9.1. You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods.
9.2. To exercise your right of cancellation, you must give written notice to the Supplier by letter or via email, giving details of the goods ordered and any order reference. Notification by phone is not sufficient.
9.3. If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address above (1.1) or the address given on your Returns RMA form. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
9.4. Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 20 days from receipt of the returned goods for any sum that has been paid by you or debited from your credit card, or bank account, for the goods.
9.5. If you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
9.6. The Supplier may charge a restocking fee for items returned that are not in a suitable condition
10.1. All returns are subject to the Suppliers published Returns Policy.
11.1. All goods supplied by the Supplier are warranted free from defects for 24 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
11.2. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Suppliers instructions, or any alteration or repair carried out without the Suppliers approval.
11.3. If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the email address or fax number shown below within 48 hours.
11.4. If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via the email address or fax number shown below, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.
12. Limitation of Liability
12.1. The Suppliers total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
12.2. The Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
12.3. Limits on Kolembusová Jana - BJanka liabilities to you: Subject to other provisions of this contract and any special arrangements agreed in accordance with condition 11, the following provisions set out the entire financial liability that Kolembusová Jana - BJanka has or may have (including any liability for the acts or omissions of employees, agents, sub-contractors and other representatives) to you (a) in respect of any breach of any contract Kolembusová Jana - BJanka has with you, (b) in respect of any negligence or breach of statutory duty by Kolembusová Jana - BJanka (or any of Kolembusová Jana - BJanka agents, sub-contractors or representatives) and (b) in respect of any representation, statement or tortuous act or omission including negligence arising under or in connection with the any contract or other dealing between you and Kolembusová Jana - BJanka (or any of Kolembusová Jana - BJanka agents, sub-contractors or representatives):
12.3.1. maximum liability: the maximum aggregate liability of Kolembusová Jana - BJanka and each of Kolembusová Jana - BJanka agents, sub-contractors or representatives to you in respect of any dealing shall not exceed the amount paid by you to Kolembusová Jana - BJanka in respect of goods to which the dealing relates; and excluded liabilities: excludes all liability to you in respect of:
220.127.116.11. Losses those were not reasonably foreseeable to you and Kolembusová Jana - BJanka when the contract was made;
18.104.22.168. direct, indirect or consequential loss (including, without limit, loss of profits, loss of business, depletion of goodwill, damages, professional and other fees and similar losses, costs, damages, charges or expenses);
22.214.171.124. Losses that were not caused by any breach on the part of Kolembusová Jana - BJanka and/or
126.96.36.199. Losses for direct, indirect or consequential or economic loss (including, without limitation, loss of profits, loss of business, depletion of goodwill and comparable losses) or related costs, damages, charges and similar expenses.
12.4. Exclusion of warranties etc.: All warranties, representations conditions and other terms implied by statute (other than the conditions implied by section 12 of the Sale of Goods Act 1979) or implied by common law are in each case (to the extent that they may be construed against Kolembusová Jana - BJanka) excluded from the contract to the fullest extent permitted by law.
12.5. Personal injury: Nothing in these conditions excludes or limits the liability of Kolembusová Jana - BJanka for death or personal injury caused by Kolembusová Jana - BJanka negligence or fraudulent misrepresentation.
12.6. Kolembusová Jana - BJanka additional responsibilities to you:
12.6.1. If you require a greater level of comfort or for Kolembusová Jana - BJanka to assume other liabilities or responsibilities please contact Kolembusová Jana - BJankabefore you submit your order so that special arrangements may be made.
12.6.2. Kolembusová Jana may be able to obtain insurance to cover risks that concern you (in which case may charge you the cost of the insurance and reasonable administration costs).
12.7. Licence to enter premises etc.:
12.7.1. You grant Kolembusová Jana - BJanka its agents and employees an irrevocable licence to enter any premises where the goods are or may be stored at any time in order to inspect them, or, where your right to possession has terminated, to recover them.
13. Data protection
13.1. Protection of your order and payment:
13.1.1. Kolembusová Jana - BJanka takes reasonable precautions to keep the details of your order and payment secure but unless Kolembusová Jana - BJanka is negligent, Kolembusová Jana - BJanka will not be liable for unauthorised access to information supplied by you.
13.2. Usage of your personal data:
13.2.1. Kolembusová Jana - BJanka may use personal data you provide (or which is provided by people working with or for you) for its own purposes (including those referred to in paragraph 12) and to communicate with you in such way as Kolembusová Jana - BJanka considers appropriate and Kolembusová Jana - BJanka may share your data with companies which are members of the same group of companies as Kolembusová Jana - BJanka so that they may use it for their own purposes and to communicate with you, but Kolembusová Jana - BJanka shall not sell your personal data to any third party (although it may make offers to you on behalf of third parties).
14. Our Right of Cancellation
14.1. If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation.
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