Terms and Conditions
1. General Provisions
1.1. These General Terms and Conditions govern the rights and obligations between the seller and customers when purchasing goods in the online store available at www.kolofogo.com (hereinafter the “E-shop”).
1.2. The seller is:
- Company name: RedFleck s. r. o.
- Registered office: Tř. Svobody 956/31, 779 00 Olomouc, Czech Republic
- Company ID No.: 01796199
- VAT ID No.: CZ01796119
- Registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, File 67621
- E-mail: info@redfleck.cz
- Phone: +420 724 014 416
1.3. The customer is a natural person – consumer or business entity – who concludes a purchase contract with the seller through the E-shop (hereinafter the “Buyer”).
1.4. These Terms and Conditions form an integral part of the purchase contract concluded between the seller and the Buyer.
2. Conclusion of the Purchase Contract
2.1. Any presentation of goods on the E-shop is for information purposes only and does not constitute a binding offer to conclude a contract under applicable civil law. The seller is not obliged to conclude a purchase contract for the displayed goods.
2.2. The Buyer places an order via the order form on the E-shop, where they select the goods, the delivery method, the payment method, enter their contact and delivery details, and submit the order using the button “Order with obligation to pay” or a similarly clearly worded button.
2.3. Before submitting the order, the Buyer is able to review and correct all information they have entered. By submitting the order, the Buyer confirms that they have read and agree to these Terms and Conditions.
2.4. The purchase contract is concluded at the moment the seller accepts the Buyer’s order and sends an order confirmation to the Buyer’s e-mail address specified in the order.
2.5. Before confirming the order, the seller may contact the Buyer to verify the order. In justified cases, the seller may reject the order (e.g. obviously incorrect price, long-term unavailability of the goods).
3. Price, Delivery and Payment
3.1. All prices of goods on the E-shop are stated including VAT and all related charges, excluding the costs of delivery and payment, which are shown separately during checkout.
3.2. The applicable purchase price is the price of the goods shown at the time the Buyer submits the order.
3.3. Available methods of payment in the E-shop include in particular:
- bank transfer to the seller’s account,
- online card payment,
- cash on delivery (payment to the carrier upon receipt),
- any other methods listed on the E-shop at the time of order.
Any additional fees related to individual payment methods are displayed during checkout.
3.4. The goods can be delivered in particular by:
- courier service to the delivery address specified by the Buyer,
- personal collection, if this option is offered on the E-shop.
Current delivery options and shipping rates are listed in the “Shipping and Payment” section and are displayed during the order process.
3.5. Unless agreed otherwise, the purchase price is due before the goods are dispatched by the seller; in case of cash on delivery, the price is due upon receipt of the goods.
4. Delivery Terms
4.1. The seller will dispatch the goods to the Buyer as soon as reasonably possible, typically within 3–5 business days after the purchase price has been credited to the seller’s account, or after the contract has been concluded in the case of cash on delivery, unless a different delivery time is stated for the product.
4.2. When receiving the goods from the carrier, the Buyer must check that the packaging is intact. If the packaging is visibly damaged, the Buyer should either refuse the shipment or ensure that the damage is recorded in the carrier’s delivery protocol.
4.3. The risk of damage to the goods passes to the Buyer upon receipt of the goods from the carrier.
5. Consumer’s Right of Withdrawal
5.1. A Buyer who is a consumer has the right to withdraw from the purchase contract without giving any reason within 14 days from the date of receipt of the goods.
5.2. To exercise the right of withdrawal, the Buyer must inform the seller of their decision to withdraw from the contract by a clear statement sent to the seller’s e-mail address or registered office. The seller recommends using a model withdrawal form, if available.
5.3. The Buyer must send or hand over the goods back to the seller without undue delay, no later than 14 days from the date on which they notified the seller of their withdrawal from the contract. The Buyer bears the direct costs of returning the goods.
5.4. The seller will refund all payments received from the Buyer for the returned goods, including the costs of delivery, except for additional costs resulting from the Buyer’s choice of a type of delivery other than the least expensive standard delivery offered, without undue delay and no later than 14 days from the day on which the seller was informed of the Buyer’s withdrawal from the contract. The seller will use the same means of payment as the Buyer used for the initial transaction, unless the parties agree otherwise.
5.5. The seller is not obliged to refund the money before the goods have been returned or the Buyer proves that the goods have been sent back, whichever occurs first.
5.6. The Buyer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
5.7. The right to withdraw from the contract does not apply in cases specified by applicable law, for example goods made to the consumer’s specification or clearly personalized goods.
6. Defective Performance, Claims and Warranty
6.1. The seller is liable to the Buyer for ensuring that the goods are free from defects upon delivery, in particular that they conform to the agreed description, quantity, quality, functionality and comply with applicable laws of the Czech Republic.
6.2. The Buyer’s rights arising from defective performance are governed by the relevant provisions of applicable civil law and consumer protection legislation. The statutory warranty period for consumers is 24 months from the date of receipt of the goods, unless a longer warranty period is stated for a specific product.
6.3. The Buyer may make a claim in writing or by e-mail, describing the defect and indicating the preferred remedy, and must provide proof of purchase, for example the order number or invoice. The Buyer shall send or deliver the claimed goods to the seller’s registered office address.
6.4. The seller will assess and resolve the claim without undue delay, no later than 30 days from the date the claim was made, unless a longer period is agreed with the Buyer. The seller will inform the Buyer about the outcome of the claim by e-mail.
7. Personal Data Protection
7.1. The seller processes the Buyer’s personal data in accordance with applicable data protection laws, in particular the GDPR and related legislation, and only to the extent necessary to perform the purchase contract, manage user accounts, comply with legal obligations and, where applicable, send commercial communications if the Buyer has given consent or if the law permits it.
7.2. Detailed information on the processing of personal data is provided in a separate document “Privacy Policy” published on the E-shop.
8. Dispute Resolution and Supervision
8.1. Any disputes between the seller and a Buyer who is a consumer may be resolved out of court through the competent alternative dispute resolution body in the Czech Republic. The relevant authority is typically the Czech Trade Inspection Authority (Česká obchodní inspekce).
8.2. Supervision over compliance with consumer protection regulations is carried out by the Czech Trade Inspection Authority and other competent administrative authorities in accordance with applicable legislation.
9. Final Provisions
9.1. The legal relationship between the seller and the Buyer is governed by the laws of the Czech Republic, in particular by civil law and consumer protection regulations, without regard to conflict-of-law rules.
9.2. If any provision of these Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions shall remain valid and enforceable. The invalid or unenforceable provision will be replaced by a valid provision that comes closest to the intent and purpose of the original provision.
9.3. The seller reserves the right to amend these Terms and Conditions unilaterally. The new version of the Terms and Conditions becomes effective on the date of publication on the E-shop and does not affect purchase contracts concluded before that date.