General Terms and Conditions of KULINA Group, a.s. as of 1 November 2022
I. Basic Provisions
These General Terms and Conditions (hereinafter referred to as the “GTC”) regulate the relationships between the parties to the purchase contract - the Seller KULINA Group, a.s., company ID: 26155559, VAT ID: 26155559, registered in the Commercial Register maintained by the Municipal Court in Prague, section B, file 6384 (hereinafter referred to as the “Seller” or “Kulina”) and the Buyer (hereinafter referred to as the “Buyer”) in the field of sale of kitchenware and tableware, and accessories and equipment for household, office and garden.
By creating an order, the Buyer confirms that they have become familiarized with these Terms and Conditions, the integral parts of which are the Communication prior to Entering into the Purchase Contract, Complaint Rules, Conditions of Personal Data Protection and information about the Shipping Method, and that they agree to them in the wording in force and effect at the moment of creating the order. These Terms and Conditions are brought to the Buyer’s attention in a sufficient manner before the Buyer places an order, and the Buyer has an opportunity to become familiarized with them.
KULINA Group, a.s. seated at Výtvarná 1023/4, 161 00 Prague 6, company ID: 26155559, is a company registered in the Commercial Register maintained by the Municipal Court in Prague, section B, file 6384, and is engaged in the sale of kitchenware and tableware to end consumers and companies.
according to these GTC, an individual who is a consumer, or enterprising individual, or legal entity.
- a) consumer - a person who enters into and fulfils a contract outside the scope of their business or any other entrepreneurial activity. It is an individual or a legal entity that purchases products or uses services for a purpose other than business with such products or services.
- b) entrepreneur - a person who pursues an independent gainful activity on their own account and responsibility under a trade license or in a similar manner in accordance with the laws in effect, with the intention to do so on a continuous basis in order to gain profit. For the purposes of consumer protection and other purposes, an entrepreneur is also any person who enters into contracts relating to their business, manufacturing or similar activity or in the course of independent pursuit of their occupation, or a person who acts in the name or on the account of an entrepreneur. For the purposes of the GTC, an entrepreneur is a person who acts in accordance with the preceding sentence in the course of their entrepreneurial activity. If the Buyer states their company ID in an order, they acknowledge that in the contractual relationship with the Seller the Buyer is deemed to be an entrepreneur and is subject to the rules set out in the GTC for entrepreneurs.
II. Communication prior to Entering into the Purchase Contract for Buyers Who Are Consumers
- The Buyer is obliged to pay the purchase price prior to receiving the supply under the purchase contract.
- The Buyer may always contact the Seller by phone, in writing or otherwise with their complaint, and if the Buyer’s complaint is not resolved favorably, they have the right to file a complaint with the competent supervisory or surveillance public authority.
- When starting a business relationship, the consumer only gives the Seller their contact details necessary for smooth handling of the order or, as the case may be, the details the consumer wishes to be stated on the purchase documents.
- Any legal relationships between the Seller and the Buyer who is a consumer which are not expressly regulated in these GTC are governed by the applicable provisions of the Civil Code and the Consumer Protection Act, as well as related regulations, all as amended.
- Where an individual contract is made with the Buyer, such contract takes precedence over these Terms and Conditions, so if any provision of the individual contract deviates from the conditions set out in these Terms and Conditions, then the provision of the individual contract applies.
- The Buyer is aware that upon purchase of products offered by the Seller the Buyer does not become entitled to the use of registered trademarks, trade names, company logos or patents of the Seller or other companies, unless agreed otherwise in a special contract in the particular case.
- The prices of goods and services as stated in the online shop include VAT and all fees set out by law. The total order price net of VAT is stated in all steps of the cart. The delivery costs and payment costs depend on the selected methods of delivery and payment for the order.
- The Buyer will receive goods for the price in effect at the time of ordering. Prior to placing an order, the Buyer-consumer has an opportunity to learn the total price including VAT as well as excluding VAT, and all other fees. This price will be stated in the order and in the message confirming acceptance of the goods order. Prior to placing an order, the Buyer-consumer has an opportunity to learn how long the offer or price remains valid. Where special goods to-order or goods that are out of stock are concerned, the Seller has the right to confirm the price and delivery term to the Buyer by phone/e-mail beforehand. This price may be changed by the Seller with regard to the current market situation and depending on the development of the exchange rate of CZK to foreign currencies. If the Buyer does not agree to such change, the Buyer will not confirm the order, and the order will not be fulfilled.
- The order is placed at the moment when the Buyer adds the selected goods or service to the cart and sends the order. The purchase contract is made upon confirmation of the order placed by the Buyer, see article IV.
- Orders may be placed in the following manners:
- through the online shop at www.kulina.com (hereinafter referred to as the “e-shop”)
- by electronic mail at the address email@example.com
- by phone at 227 272 733
- The Seller recommends that the Buyer place orders through the online shop or in writing (e-mail) and state the following details:
- name, surname and residence, or business name and seat of the Buyer
- company ID if the purchase is made by an entrepreneur/company; VAT ID if the Buyer is registered as a VAT payer
- telephone number to be used especially by the carrier as a contact number for the purpose of the goods delivery to the Buyer
- code and name of the goods as stated in the price list
- unit price
- payment and shipping method
- delivery address if different from the invoicing address of the Buyer
- all other details the Buyer deems important. When making a purchase through the website, the Buyer is asked to fill in all the necessary details.
IV. Entering into a Purchase Contract
- Purchase contract - the Buyer’s order is a proposal to enter into a purchase contract, and the purchase contract is made at the moment when the Seller’s binding acceptance of such proposal is delivered to the Buyer. Entering into the purchase contract is confirmed by Kulina to the Buyer immediately by an informative e-mail message summarizing the order content that is sent to the e-mail address specified by the Buyer (by a binding confirmation of the order by the Seller - by sending the order confirmation). At that moment, mutual rights and obligations arise between the Buyer and the Seller that are defined in the purchase contract and these Terms and Conditions. The Seller is obliged to confirm acceptance of the purchase contract (order), mostly by sending the confirmation by electronic mail immediately after the order is received in the Seller’s system.
- The contract is made in English (or change to your language in the given country) language. The contract that has been entered into is archived by the Seller for the purpose of its successful fulfilment and is not accessible to any third parties who are not involved. Information about all the technical steps leading to the entering into the contract are evident from these Terms and Conditions where this process is comprehensibly described. Prior to sending their order, the Buyer has an opportunity to check and rectify the order, and change the cart content as well as the shipping and payment methods. In the course of entering into the contract, the Buyer may be assisted by a Seller’s worker either in a brick-and-mortar store, by phone or when placing an order by e-mail. The Buyer is obliged to check all the details they stated/selected when creating the order. These Terms and Conditions are available on the website of the online shop www.kulina.com, so they may be archived and reproduced by the Buyer.
- Depending on the order nature (quantity of the goods, amount of the purchase price, expected shipping costs), the Seller may always ask the Buyer for additional confirmation of the order (e.g. in writing or by phone).
- The Buyer acknowledges that the Seller is not obliged to enter into the purchase contract, especially with parties that materially breached their obligations to the Seller in the past.
- The Buyer agrees to the use of distance communication means in entering into the purchase contract. The costs incurred by the Buyer for the use of distance communication means in connection with entering into the purchase contract (costs of internet connection, costs of telephone calls) are borne by the Buyer.
V. Withdrawal from the Contract
- The Buyer-consumer may withdraw from the purchase contract within 60 days from the delivery of the order. To meet the time-limit for withdrawing from the purchase contract, it would suffice to send the goods by any of the available methods of return shipping prior to expiry of the time-limit stated above.
- If the consumer wishes to exercise the right to withdrawal from the purchase contract as stated in the preceding section, i.e. within 60 days, the consumer has to notify the Seller of the withdrawal in writing, namely by sending the Goods Return Form in the parcel together with the goods being returned, by e-mail, or through the online form. If the consumer withdraws from the purchase contract as stated in the preceding sections, the Seller will return, without undue delay but at the latest within 14 days from the day when the entrepreneur received the consumer’s notice of withdrawal from the purchase contract, all the payments the Seller received from the Buyer, including the shipping costs. However, the Seller is not obliged to return the received funds to the consumer until the consumer hands over the goods to the Seller/the goods are delivered to the Seller by any of the possible methods of return.
- If the consumer withdraws from the contract, they will send or hand over to the Seller, without undue delay but at the latest within 14 days from the withdrawal from the contract, the goods the consumer received from the entrepreneur.
- If withdrawing from the purchase contract, the consumer is obliged to return the Seller the goods in the condition in which the consumer received the goods, i.e. if possible in the original packaging, unused and undamaged, together with all the parts, accessories, documentation and, where applicable, with gifts the consumer received together with the goods. The consumer returns the goods either by sending the goods to the contact address in accordance with the procedure described in the section goods return or by handing over the goods in the Seller’s establishment.
- If the Buyer is allowed to withdraw from the purchase contract within sixty days, the Buyer acknowledges that the purchase price refunded may be reduced by the amount by which the goods value has been reduced. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller becomes entitled to the compensation for damage thus incurred by the Seller to be paid by the Buyer. The entitlement to compensation for the incurred damage may be unilaterally set off by the Seller against the Buyer’s entitlement to the refund of the purchase price.
- The Seller may withdraw from the purchase contract at any time before the Buyer takes over the goods. In such case, the Seller will refund the Buyer the purchase price without undue delay by cashless transfer to the account specified by the Buyer.
- If a gift is provided to the Buyer together with the goods, the donation agreement is made between the Seller and the Buyer with the resolutive condition that if the consumer withdraws from the purchase contract, the donation agreement concerning the gift will no longer be in effect and the Buyer will be obliged to return the gift together with the goods to the Seller.
The consumer may not withdraw from the contract where the following cases are concerned:
- provision of services that were fulfilled by the Seller, with prior express consent of the consumer, prior to expiry of the time-limit for withdrawing from the contract;
- delivery of goods or services, the price of which depends on financial market deviations independent of the Seller’s will and which may occur during the time-limit for withdrawing from the contract;
- delivery of goods that were customized at the consumer’s request or to the consumer;
- delivery of perishable goods or goods that were irreversibly mixed with other goods after the delivery;
- repair or maintenance carried out in the location specified by the consumer at the consumer’s request; however, this does not apply in the event of subsequent performance of other than requested repairs or delivery of other than requested replacement parts;
- delivery of goods in closed packaging that were removed by the consumer from the packaging and cannot be returned for hygiene reasons (manicure and manicure tools, in particular);
- delivery of newspapers, periodicals or magazines.
VI. Opening Hours
Orders through the online shop at www.kulina.com may be placed 24 hours a day, 7 days a week.
- Information about the goods and the price stated by the Seller are binding, except for an obvious error. The prices stated include all taxes (e.g. VAT) and fees, except for the costs of goods delivery (see article II.)
- Together with the purchase price of the goods, the Buyer is obliged to pay the Seller the costs of goods delivery in the agreed amount. Unless expressly stated otherwise, purchase price also hereinafter means the costs connected with the goods delivery.
- Discounts on the prices of goods granted by the Seller to the Buyer cannot be combined.
- The goods sales offer and the prices of such goods remain valid for the time for which they are displayed in the online shop as products in stock and until the period of the limited-time discount expires if the product’s price is reduced for a limited period of time.
VIII. Payment Terms
- Kulina accepts the following payment methods. To find out the particular conditions of use of the payment methods, follow the respective links.
- The goods remain the Seller’s property until full payment of the purchase price, but the risk of damage to the item is passed upon takeover of the goods by the Buyer.
- The Seller reserves the right to offer to the Buyer only some payment methods at the Seller’s discretion.
- Where payment on delivery is used, the purchase price is due at the moment when the goods are taken over. Where a cashless payment is used, the purchase price is due in 7 days after the purchase contract is entered into.
- Where a cashless payment is used, the Buyer is obliged to state the variable symbol of the payment when paying the purchase price of the goods. Where a cashless payment is used, the Buyer’s obligation to pay the purchase price is fulfilled at the moment when the respective amount is credited to the Seller’s account.
- If the Buyer fails to provide additional confirmation of the order (section IV.c), in particular, the Seller may require payment of the full purchase price prior to sending the goods to the Buyer.
- The “Klarna” payment is a solution provided by Klarna Bank AB (publ). Corp. ID No. 556737-0431, seated at the address Sveavägen 46, 111 34 Stockholm, on the basis of a Klarna invoice by assigning the claim to the payment with extended payment term to Klarna Bank AB, on the conditions stated in the “General Terms and Conditions for Users of the “Klarna” Service”. If the Buyer uses the “Klarna” service intermediated by the Seller and provided by Klarna Bank AB, the Buyer is obliged to make the payment (i.e. to pay the total purchase price and the costs of the goods delivery) within 30 days from the day when the goods are delivered. The purchase contract is entered into by filling out the order by the Buyer, accepting the order by the Seller (by written confirmation sent by electronic mail), and paying for the ordered goods by the Buyer or using the “Klarna” service. The Buyer agrees that by selecting the “Klarna” service in the cart at the Trader and after subsequent approval of the Klarna payment, the Buyer accepts the “General Terms and Conditions for Users of the “Klarna” Service”.
- If customary in business practice or if set out by the applicable legislation, the Seller will issue a tax document – invoice to the Seller concerning the payments made under the purchase contract. The Seller is a value added tax payer. The Seller will issue the tax document – invoice to the Buyer at the latest after the goods delivery to the Buyer and will send it in electronic form to the Buyer’s e-mail address.
- The invoice – tax document will be kept in the electronic archive
IX. Delivery Terms
- Kulina provides the following shipping options. To find out the particular conditions of the carriers, follow the respective links. The shipping costs are governed by the price list in effect on the day when the order is placed.
- If under 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 take over the goods upon delivery. If the Buyer fails to take over the goods upon delivery, the Seller may withdraw from the purchase contract.
- If for reasons on the Buyer’s part the goods have to be delivered repeatedly or in a manner other than stated in the order, the Buyer is obliged to cover the costs connected with the repeated delivery or different manner of delivery of the goods.
- When taking over the goods from the carrier, the Buyer is obliged to check integrity of the goods packaging and if there are any defects, to inform the carrier about them immediately. If finding out that the packaging is broken and shows signs of unauthorized access to the consignment content, the Buyer is not obliged to take over the consignment from the carrier. By signing the delivery note the Buyer confirms that the packaging of the consignment containing the goods was intact.
- If a consignment is incomplete or damaged, the Buyer has to immediately report this fact by e-mail to the address firstname.lastname@example.org, draw up a damage record with the carrier and send the damage record by e-mail to the Seller without undue delay. If a complaint concerning an incomplete consignment or external damage of the consignment is filed later, the consumer still has the right to file a complaint about the item, but the Seller can prove that it was not a breach of the purchase contract.
X. Liability for Defective Supply, and Quality Warranty
The Seller’s liability for a defective supply and the warranty conditions concerning the goods are governed by the Complaint Rules of the Seller (see below) and the legal regulations in effect.
XI. Other Rights and Obligations of the Parties
- The Buyer acquires ownership over the goods upon payment of the full purchase price of the goods.
- The Buyer acknowledges that the software and other parts forming the web interface of the shop (including photographs of the goods on offer) are protected by copyright. The Buyer undertakes not to carry out any activity that could make it possible for the Buyer or third parties to tamper with or use, without authorization, the software or other parts forming the web interface of the shop.
XII. Final Provisions
- If the relationship established by the purchase contract involves an international (foreign) element, the Parties agree that the relationship is governed by the Czech laws. This is without prejudice to the consumer’s rights under the applicable legislation.
- If any provision of these General Terms and Conditions is or becomes invalid or ineffective, the invalid provisions will be replaced with provisions the meaning of which comes as close as possible to the invalid provision. Invalidity or ineffectiveness of any provision does not affect validity of the other provisions.
- A form of withdrawal from the purchase contract forms an annex to the Terms and Conditions.
- The relationships and any disputes arisen under the contract will be solely subject to the laws of the Czech Republic and will be settled by the competent courts of the Czech Republic.
- These General Terms and Conditions come into effect on 1 October 2022 and supersede all the preceding provisions and practice. The Seller reserves the right to amend these General Terms and Conditions without prior notice.
These Complaint Rules come into effect on 1 November 2022 and supersede preceding complaint rules. These Complaint Rules are available as a document at www.kulina.com and form an integral part of the General Terms and Conditions of KULINA Group, a.s.
I. General Provisions
The Complaint Rules describe normal business cooperation between the Buyer who is a consumer and the Seller, i.e. KULINA Group, a.s. The Buyer is obliged to become familiarized with the Complaint Rules and the General Terms and Conditions prior to ordering goods. By entering into the purchase contract and taking over the goods from the Seller, the Buyer agrees to the Complaint Rules stated below. Takeover of the goods means the moment when the goods are taken over from the carrier or at a pick-up point of one of the carriers.
As a document of warranty (warranty certificate), the Seller issues, for each purchased goods, a purchase document (invoice or simplified sales receipt - hereinafter referred to as a “warranty certificate”) that contains all the statutory details required for making a warranty claim (name of the goods, warranty duration, price, quantity, etc.).
II. Rights and Obligations from a Defective Supply
When reporting a defect or without undue delay after reporting a defect, the Buyer will inform the Seller as to which right the Buyer has selected.
Quality at the time of takeover - the Seller guarantees to the Buyer that the goods have no defects at the time of takeover. In particular, the Seller guarantees to the Buyer that at the time when the Buyer takes over the goods:
- the goods have the characteristics agreed between the parties, and if any such agreement is absent, then the goods have such characteristics that were described by the Seller or manufacturer or that were expected by the Buyer with regard to the nature of the goods and the advertising by the Seller or manufacturer;
- the goods are fit for the purpose stated by the Seller for their use or for the purpose for which the goods of this kind are usually used;
- the goods correspond to the quality or design of the agreed sample or model if the quality or design were ordered on the basis of an agreed sample or model;
- the goods were delivered in the required quantity;
- the goods comply with the requirements of legal regulations.
If a defect becomes apparent within six months from the takeover of the goods, it is deemed that the goods were defective as early as at the moment of takeover.
If the sold goods, their packaging, instructions enclosed to the goods or advertisements in accordance with other legal regulations indicate a period for which the goods may be used, then the quality warranty provisions will apply.
The Buyer’s right stated above does not apply:
- where goods sold for a lower price are concerned, to the defect due to which the lower price was agreed;
- to the wear of the goods caused by their normal use;
- where used goods are concerned, to the defect corresponding to the extent of use or wear that the goods had at the time of takeover by the consumer; or
- if it follows from the nature of the goods.
If the goods have a defect and the defect is removable, the Buyer may require a repair, or supplementation of what is missing, or a reasonable reduction of the purchase price. If the defect cannot be removed and the goods cannot be used properly because of such defect, the Buyer may either withdraw from the purchase contract or require a reasonable reduction of the purchase price.
The goods are defective if are not handed over by the Seller to the Buyer in the agreed quantity, quality and design. If the quality and design are not agreed, the Seller will supply goods with the quality and design suitable for the purpose evident from the purchase contract.
If the goods do not have the characteristics stated above (especially if the goods do not have the characteristics agreed between the parties and if any such agreement is absent, then if the goods do not have such characteristics that were described by the Seller or manufacturer or that were expected by the Buyer with regard to the nature of the goods and the advertising by the Seller or manufacturer; if the goods are not fit for the purpose stated by the Seller for their use or for the purpose for which the goods of this kind are usually used; the goods do not correspond to the quality or design of the agreed sample or model if the quality or design were ordered on the basis of an agreed sample or model; if the goods were not delivered in the required quantity, size or weight; and if the goods do not comply with the requirements of legal regulations), the consumer may also require delivery of a new item without any defects if such requirement is not inadequate with regard to the nature of the defect, and if the defect only relates to a part of the goods, the consumer may only require replacement of the part; if this is not possible, the consumer may withdraw from the contract. However, if this is undue with regard to the nature of the matter, especially if the defect can be removed without undue delay, the consumer has the right to have the defect removed free of charge.
The Buyer also has the right to have new goods delivered or a part replaced in the event of a removable defect, provided that the Buyer cannot use the item properly because of the defect recurrence after the repair or because of a larger number of defects. In such case the Buyer has the right to withdraw from the contract.
If the Buyer does not withdraw from the contract or does not exercise the right to have new goods free of defect delivered, to have their part replaced or to have the goods repaired, the Buyer may require a reasonable discount. The Buyer also has the right to a reasonable discount if the Seller is unable to deliver the Buyer new goods free of defects, replace a part of the goods or repair the goods, as well as if the Seller fails to remedy the situation within a reasonable time-limit or if the remedy could cause considerable problems to the Buyer.
The Buyer does not have the rights arising from a defective supply, if the Buyer knew before taking over the goods that the goods had a defect or if the defect was caused by the Buyer themselves. If the goods have a defect for which the Seller holds liability and they are goods sold for a lower price or used goods, the Buyer has the right to a reasonable discount instead of the right to have the goods replaced.
Rights arising from a defect are exercised with the Seller from which the item was purchased. However, if a different party is stated as a party designated to carry out the repair and is present in the Seller’s location or a location closer to the Buyer, the Buyer will exercise the right to have the item repaired with the party designated to carry out the repair. The party thus designated to carry out the repair will repair the item within the time-limit agreed between the Seller and the Buyer during the purchase of the item.
III. Material breach of the contract
If the defective supply is a material breach of the contract, the consumer has the right to:
- have the defect removed by delivering new goods free of defect or missing goods;
- have the defect removed by repairing the goods;
- a reasonable reduction of the purchase price of the goods;
- withdraw from the contract.
Non-material breach of the contract - If the defective supply is a non-material breach of the contract, the Buyer has the right to have the defect removed, or to a reasonable reduction of the purchase price. If in the event of a non-material breach of the contract the Buyer does not exercise the right to a reduction of the purchase price or does not withdraw from the purchase contract, the Seller may supply what is missing or may rectify the legal defect. Other defects may be removed by the Seller by its own choice either by repairing the goods or by delivering new goods; the choice must not result in unreasonable costs for the Buyer.
If the Seller fails to remove the defect of the goods in time or refuses to remove the defect of the goods, the Buyer may require a reduction of the purchase price or may withdraw from the contract. This choice cannot be changed by the Buyer without the Seller’s consent. When new goods are delivered by the Seller to the Buyer, the Buyer will return the Seller, at the Seller’s expense, the goods formerly delivered.
Quality warranty - By the quality warranty, the Seller guarantees that the goods will be fit for use for their usual purpose or will retain their usual properties for a certain period of time. Stating the warranty period or useful life of the goods on the packaging or in advertising also has these effects. A warranty may also be given on component parts of the goods.
If the Seller gives a quality warranty on the goods, the warranty period is included in the information about the particular product stated on the website www.kulina.com.
The warranty period begins upon handover of the goods to the consumer; if the goods are sent under the contract, the warranty period begins upon delivery of the goods to the destination. If the purchased goods are to be put into operation by a party other than the Seller, the warranty period begins on the day when the goods were put into operation, provided that the Seller ordered the putting of the goods into operation within three weeks from the item takeover at the latest and provided due and timely assistance in order to carry out the service.
The Buyer does not have rights under the warranty where the defect was caused by an external event after the risk of damage to the goods had passed to the consumer. This does not apply if the defect was caused by the Seller.
IV. Conditions for Exercising Rights Arising from a Defective Supply, and Rights under the Quality Warranty (hereinafter jointly referred to as “complaints”)
- It is recommended that at the time of the consignment delivery the Buyer check, together with the carrier, the condition of the consignment (number of parcels, integrity of the tape with the company logo, damage of the box) according to the enclosed carriage document. The Buyer may refuse to take over a consignment that does not comply with the purchase contract, e.g. is incomplete or damaged. If the Buyer takes over a damaged consignment from the carrier, it is necessary to describe the damage in the carrier’s handover record.
- If a consignment is incomplete or damaged, the Buyer has to immediately report this fact by e-mail to the address email@example.com, draw up a damage record with the carrier and send the damage record by e-mail or mail to the Seller without undue delay. If a complaint concerning an incomplete consignment or external damage of the consignment is filed later, the consumer still has the right to file a complaint about the item, but the Seller can prove that it was not a breach of the purchase contract.
The place to file a complaint is KULINA Group, a.s., Volta Real warehouse site, Strojírenská 259/16, 155 21 Zličín. We recommend that the Buyer always send defective goods under complaint to the Seller’s address through a carrier or deliver them personally. Goods under complaint should be thoroughly secured to prevent their damage in the course of transport, and the parcel should be visibly labelled "COMPLAINT" and contain the goods under complaint (including all the accessories). We recommend enclosing a copy of the purchase document, detailed description of the defect, and sufficient contact details of the Buyer (return address, telephone number). Without that it is impossible to identify the origin and defect of the goods. The procedure for the delivery of goods under complaint is described here.
- The Buyer proves their entitlements arising from the liability for defect or from the quality warranty by submitting the purchase document and if any complaint about the goods was filed in the past, the complaint document as well. The document of acquisition (purchase or complaint document) must state the same serial number as the product under complaint (if the product has a serial number).
- The liability for defects and quality warranty do not apply to any defects resulting from the use of inappropriate or defective accessories, inappropriate tools, inappropriate work procedures, etc. The Seller does not hold liability for any damage occurred in the consequence of such use. The liability for defects and quality warranty also do not apply to any defects resulting from incorrect operation, or unprofessional or inappropriate handling, use or installation contrary to the user manual, or to damage of electric appliances caused by overvoltage in the power grid.
The liability for defects and quality warranty also do not apply to any damage resulting from (together with the restriction stated in article II of the Complaint Rules):
- mechanical damage of the goods;
- electric overvoltage (visibly burnt parts or printed circuits);
- the use of the goods in conditions (temperature, dust exposure, humidity, and chemical and mechanical factors) not complying with the ambient conditions designated by the Seller or manufacturer;
- unskilled installation, handling or operation, or neglected care of the goods;
- by excessive load or use contrary to the conditions stated in the documentation or general rules;
- an unqualified action or change of parameters;
- alterations carried out by the customer (coating, bending, etc.), provided that the defect resulted from such alterations.
- The goods submitted as part of a complaint will only be tested for the defect stated by the Buyer (in the complaint form, in the enclosed document describing the defect). We recommend stating the defect in the return form that is enclosed as a paper document to each order delivery, or in the online complaint form.
V. Complaint Handling Process
In the event of a material or non-material breach of the contract by the Seller, the Buyer may exercise their rights arising from the Seller’s liability for defects or from the quality warranty given, in accordance with article II of the Complaint Rules.
The Seller will handle the complaint, including defect rectification, without undue delay but at the latest within 30 days from the day when the complaint was filed. After expiry of this time-limit the consumer has the same rights as if a defect that cannot be rectified was concerned. This time-limit is not binding on the Buyer that stated their company ID when making the purchase, so their relationship with the Seller is regulated by the Commercial Code.
The Seller will issue to the Buyer a written confirmation stating the date when the complaint was filed, the content of the complaint, and the requested manner of complaint handling; as well as a confirmation of the date and manner of the complaint handling, including a confirmation of repair and its duration or, as the case may be, a written statement of reasons for rejection of the complaint.
If the complaint is justified, the Buyer is entitled to reimbursement of the expenses incurred in connection with the complaint (especially the postage paid by the Buyer when sending the goods under complaint). If withdrawing from the contract because of a defect of an item, the consumer is also entitled to reimbursement of the expenses incurred in connection with such withdrawal.
- If a complaint about the goods filed within the statutory warranty period is resolved by exchanging the goods for new ones, the warranty period continues to run on the date when the complaint has been resolved. If a complaint is resolved by exchanging the goods, any subsequent complaint is deemed to be the first complaint about the goods. The complaint procedure begins on the day following the day when the complaint was filed, and ends on the day when the complaint is resolved. Information about the complaint resolution is sent to the customer’s e-mail address stated by the customer as early as during the purchase.
- After the complaint is resolved, the Seller will inform the Buyer about completion of the complaint procedure by phone, SMS or e-mail. If the goods were sent through a carrier, they will be automatically sent to the Buyer’s address after the complaint resolution.
If goods under complaint are not picked up/taken over from the carrier within one month from the expiry of the period within which the rectification was to be completed and if it was completed later, then within one month from the notice that it has been completed (i.e. usually within 60 days from the day when the complaint was filed), the Seller may charge a storage fee when releasing the goods under complaint.
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Personal Data Protection
The Seller declares that all the Buyer’s personal data processed by the Seller are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”), Personal Data Protection Act No. 101/2000 of the Collection of Laws of the Czech Republic (Coll.), as amended, Electronic Communications Act No. 127/2005 Coll., as amended, and Certain Information Society Services Act No. 480/2004 Coll., as amended.
Detailed information about the protection of personal data is stated in the Personal Data Protection Declaration of KULINA Group, a.s., which is available here:
Personal Data Protection, and the GDPR
The GDPR has been discussed earlier in this document. It is a regulation of the European Union that is aimed to further improve the protection of personal data of you, the Buyers. There are not many changes taking place on our part, because we already administered your personal data conscientiously as early as before this regulation came into effect. One of the new requirements of the regulation is to create a page where we will inform you as to what personal data concerning our customers we collect and for what purpose we need and use such data. This is the page you are reading now.
What data are needed?
The information we collect about our customers can be divided into two groups. The information necessary for order delivery to the customer, and the information used for marketing purposes. We do not collect information about the race, beliefs, political opinions or health of our customers.
How are the data protected?
We carefully protect all sensitive personal data and transfer them only to the entities with which we have made a data processing agreement, and we always transfer only such information that is essential (the carrier needs to know your address and telephone number but not the history of your orders or the number of complaints). Such entities are e.g. the carriers that need your data in order to deliver the order, the price comparison website if you make the purchase through it, or the newsletter service. All these entities have undertaken in their data processing agreement to protect your personal data in the same manner as we do.
At www.kulina.com personal data are processed by KULINA Group a.s. The processor is duly registered with the Office for Personal Data Protection (in Czech: Úřad pro ochranu osobních údajů).
What personal data do we process and for what purposes?
Name and surname
For the delivery of consignments, for your identification as a customer
We archive them for 10 years.
For the issue of invoices, and for our accounting
We archive them for 10 years.
For the delivery of consignments
We archive them for 10 years.
For communication with you, for sending information concerning your order and marketing communications, and for your identification as a customer
We archive them for 10 years.
For communication with you, for easier delivery by carriers
We archive them for 10 years.
Company ID/VAT ID
For the issue of invoices, and for our accounting
We archive them for 10 years.
For marketing purposes, and for improving your purchasing experience
We archive them for 5 years.
Photographs from our events are used on our Facebook profiles and in our marketing communication
Videos from our events are used on our Facebook profiles and in our marketing communication
For their proper functioning, websites need a number of “cookies”. Consent to their processing is required by most websites, otherwise they would not be able to work. A list of cookies collected by our website is available in the cookies pop-up window that opens after you enter the website kulina.com.
Purpose and method of personal data processing
As partially described above, we process your personal data for several reasons. These reasons will be outlined below.
Purchase and sale at kulina.com
To be able to successfully handle your order, we need some of your data for the communication with you, for the delivery of your consignment, and for the issue of the purchase contract. So these data are processed for the purpose of fulfilment of the purchase contract. We obtain these data from the order form (or from our system if you have already been our registered user) and archive them for ten years in accordance with the tax laws.
Some of these data have to be provided to our partners, such as carriers (address, telephone number, e-mail address).
Support by e-mail and telephone
If you contact us by e-mail or telephone or through a contact form, you may be requested for additional personal data in order to verify accuracy of your request (question about the order, help with the payment, etc.). We need such information to be able to match your request to the orders in our system. We archive your telephone number or e-mail address and additional data for the purposes of future complaints or disputes, if any, on the grounds of our legitimate interest.
We may also use your e-mail address to send you information about products, news, discounts and events in our e-shop. We do so to give you as many opportunities as possible to buy goods that will make you happy. If you do not wish to receive this communication, you may unsubscribe at any time in the footer of any e-mail. It may happen that if you place a new order at kulina.com, your e-mail address is entered into the database once more and you will start to receive marketing communications again. If this happens, we ask for your understanding. It is a software problem and we will try to correct it. Please let us know about the fault at firstname.lastname@example.org.
How can you change or erase your data?
If you are a registered user, you may change your personal data yourselves at kulina.com after logging in to Kulina.com, namely in the section Personal data. After logging in, you can also see a history of your purchases and the related documents available for downloading.
In accordance with the legal regulations in effect you have the right to require access to your personal data that we, as the data controller, process, and the right to have them rectified or erased. At any time, you may also withdraw your consent to the processing of certain personal data (e.g. data for marketing purposes) you have given to us.
You may request us at any time to cancel your account, delete your details from the database of mailing contacts, or fully erase all your personal data.
Our partners who process personal data
In order to be able to properly handle your orders, communicate with you and function as an e-shop, we need to cooperate with our partners. To be safe, we only select reliable partners that follow the same or even stricter rules of personal data protection. Together, we do our best to keep your data secure.
List of our partner processors
- GoPay - provider of a payment gateway for online payments
- Stripe - provider of a payment gateway for online payments
- PayPal - provider of an online wallet for online payments
- Klarna - provider of a payment gateway for online payments
- Uloženka - aggregator of consignment collection for various carriers
- Zásilkovna - aggregator of consignment collection for various carriers
- PPL - courier delivering consignments
- DPD - courier delivering consignments
- Pošta bez hranic - aggregator of consignment collection for various carriers
- GLS - courier delivering consignments
- DHL - courier delivering consignments
- DODO - courier delivering consignments
- Pikito - provider of shared pick-up points for consignments
- Gebrüder Weiss - courier delivering oversized consignments
- Heureka - price comparison portal that provides Buyers with a better overview of the prices offered by various e-shops
- Arukereso - price comparison portal that provides Buyers with a better overview of the prices offered by various e-shops
- Ceneo - price comparison portal that provides Buyers with a better overview of the prices offered by various e-shops
- Opineo - review portal
- Skapjec - price comparison portal that provides Buyers with a better overview of the prices offered by various e-shops
- Parazuvaj - price comparison portal that provides Buyers with a better overview of the prices offered by various e-shops
- Compari - price comparison portal that provides Buyers with a better overview of the prices offered by various e-shops
- Idealo - price comparison portal that provides Buyers with a better overview of the prices offered by various e-shops
- Smartsupp - provider of a tool for on-page communication with customers in the form of a chat at the bottom right corner of the page
- Dognet - marketing network
- Google - anonymous statistics of accesses in Google Analytics, and marketing activities in the Google marketing network
- Seznam - marketing activities in the Seznam marketing network
- Facebook - marketing activities in the Facebook marketing network
- Ecomail - provider of a tool for mailing marketing communication
- Smartlook - provider of a tool to analyze website quality and user behavior
- Stamped - provider of a tool for mailing communication and the processing of customer reviews
- Shoptet - provider of the online shop platform
- Retino - provider of an application for smooth processing of goods returns and complaints
- Recombee - provider of an application for recommendation of goods
- AXIMA SMS - portal for sending short text messages
- Daktela - application for processing customer inquiries - customer care
- Criteo - marketing activities in the Criteo marketing network