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Terms of Service

These General Terms and Conditions ("Terms") govern the relationship between the parties of the Sales Agreement, the Seller, Nikol Slavíková, with registered address at Slovenská 1689, 250 82 Úvaly, Czech Republic, CIN 22213821, registered in the Trade Register of the Trade Licensing Office for Prague-East, email: info@kpopstore.cz, phone number: 605 060 250 (“We” or the “Seller”), govern, in accordance with Section 1751 § of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations between You, as the buyer, and Us, as the seller, arising in connection with or based on a purchase agreement (“Agreement”) concluded via the E-shop on the website www.kpopstore.cz.

All information regarding the processing of your personal data is contained in the Privacy Policy, which you can find here.

The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drawn up in the English language. We may unilaterally modify or supplement the wording of the Terms. This provision does not affect rights and obligations that arose during the validity of the previous version of the Terms.

As you surely know, we primarily communicate remotely. Therefore, our Agreement is also concluded using remote communication tools, which allow us to reach an agreement without the simultaneous physical presence of You and Us. The Agreement is thus concluded remotely in the E-shop environment through the website interface (“E-shop web interface”).

If any part of the Terms contradicts what we have mutually agreed upon during the process of your purchase on Our E-shop, this specific agreement shall take precedence over the Terms.

I. SOME DEFINITIONS

1. Price is the financial amount you will pay for the Goods;

2. Shipping Fee is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;

3. Total Price is the sum of the Price and the Shipping Fee;

4. VAT refers to value-added tax in accordance with applicable legal regulations;

5. Invoice is a tax document issued in compliance with the VAT Act for the Total Price;

6. Order is your irrevocable proposal to conclude a Purchase Agreement for the Goods with Us;

7. User Account is an account created based on the information you provide, allowing for the storage of entered data, order history, and concluded Agreements;

8. You are the person purchasing from Our E-shop, legally referred to as the buyer;

9. Goods refer to all items available for purchase on the E-shop.

II. GENERAL PROVISIONS AND INFORMATION

  1. The purchase of Goods is only possible through the E-shop web interface.

  2. When purchasing Goods, you are required to provide Us with all information accurately and truthfully. Therefore, the information you provide when placing an Order will be considered correct and truthful.

III. CONCLUSION OF THE AGREEMENT

  1. The Agreement with Us can only be concluded either in Czech or English language. 

  2. The Agreement is concluded remotely via the E-shop, and You bear the costs of using remote communication tools. However, these costs do not differ from the standard rates you pay for using such tools (primarily for internet access), meaning you should not expect any additional charges from Us beyond the Total Price. By submitting an Order, you agree to the use of remote communication tools.

  3. To conclude the Agreement, you need to create an Order proposal in the E-shop. This proposal must include the following information:

    a) Details of the Goods you wish to purchase (you select the Goods on the E-shop by clicking the "Add to Cart" button);

    b) Information about the Price, Shipping Fee, payment method for the Total Price, and the preferred delivery method for the Goods; these details will be specified during the Order creation process in the E-shop's user interface. The Price, Shipping Fee, and Total Price will be automatically displayed based on your selected Goods and delivery method;

    c) Your identification and contact details required for the delivery of the Goods, particularly your name, surname, delivery address, phone number, and email address;

    d) In the case of an Agreement under which We will deliver Goods to You on a regular and recurring basis, information on the duration of such deliveries. 

  4. During the Order creation process, You may review and modify the details until the Order is finalized. After checking the details, you place the Order by clicking the "Order with Obligation to Pay" button. However, before clicking this button, you must confirm that you have read and agree to these Terms; otherwise, it will not be possible to place the Order. The confirmation and agreement are given by checking the designated box. Once you click the "Order with Obligation to Pay" button, all entered information is sent directly to Us.

  5. We will confirm receipt of your Order as soon as possible via an email sent to the address provided in your Order. The confirmation will include a summary of your Order and these Terms. Upon Our confirmation of the Order, the Agreement between You and Us is concluded. The Terms effective on the date of the Order form an integral part of the Agreement.

  6. There may be cases where We cannot confirm your Order. This typically occurs when the Goods are unavailable or when you attempt to order a larger quantity of Goods than allowed. We will always inform you of the maximum quantity available on the E-shop in advance, so this should not come as a surprise. If We cannot confirm your Order for any reason, We will contact you and provide an alternative offer for concluding the Agreement with modified terms. The Agreement will be concluded when You accept Our offer.

  7. If an obviously incorrect Price is displayed on the E-shop or within the Order proposal, We are not obliged to deliver the Goods at that Price, even if you have received an Order confirmation and the Agreement has been concluded. In such a situation, We will contact you immediately and provide an alternative offer for concluding a new Agreement with modified terms. The new Agreement will be concluded when You accept Our offer. If You do not accept Our offer within 3 days of its dispatch, We have the right to withdraw from the concluded Agreement. An obvious error in the Price includes, for example, a situation where the Price does not correspond to the usual market price or contains a missing or extra digit.

  8. Once the Agreement is concluded, You are obliged to pay the Total Price.

  9. If You have a User Account, You may place an Order through it. However, You are still responsible for verifying the accuracy, truthfulness, and completeness of the pre-filled information. The Order creation process is the same as for buyers without a User Account, but the advantage is that You do not have to repeatedly enter your identification details.

  10. In some cases, We allow discounts to be applied to the purchase of Goods. To receive a discount, You must enter the relevant discount information into the designated field within the Order proposal. If You do so, the Goods will be provided to You at the discounted price,

IV. USER ACCOUNT

  1. Based on your registration within the E-shop, you can access your User Account.

  2. When registering a User Account, you are required to enter all information correctly and truthfully and update it in case of any changes.

  3. Access to the User Account is secured by a username and password. You are responsible for maintaining the confidentiality of these credentials and must not share them with anyone. If they are misused, We bear no responsibility for any consequences.

  4. The User Account is personal, and you are not authorized to allow third parties to use it.

  5. We may cancel your User Account, especially if it remains inactive for more than 3 years or if you violate your obligations under the Agreement.

  6. The User Account may not be available continuously, particularly due to necessary maintenance of hardware and software systems.

V. PRICING AND PAYMENT TERMS, RETENTION OF OWNERSHIP

  1. The Price is always stated within the E-shop, in the Order Proposal, and, of course, in the Agreement. In the event of a discrepancy between the Price listed for the Goods on the E-shop and the Price stated in the Order Proposal, the Price in the Order Proposal shall apply, as it will always be identical to the Price in the Agreement. The Order Proposal also specifies the Shipping Fee or the conditions under which shipping is free.

  2. The Total Price is stated including VAT and all legally mandated fees.

  3. Payment of the Total Price is required after the Agreement is concluded and before the Goods are handed over. You can make the payment using the following methods:

    a) Bank Transfer – Payment details will be sent to you in the Order Confirmation. For bank transfers, the Total Price is due within 2 days of the Order Confirmation.

    b) Online Card Payment – Payments are processed through the Shoptet Pay payment gateway, which is governed by its terms and conditions available here. For online card payments, the Total Price is due within 1 day of the Order Confirmation.

  4. The Invoice will be issued in electronic form after the Total Price has been paid and sent to your email address. The Invoice will also be available in your User Account.

  5. Ownership of the Goods transfers to you only after you have paid the Total Price and taken possession of the Goods. In the case of a bank transfer, the Total Price is considered paid once it is credited to Our account; in all other cases, payment is considered complete at the moment the transaction is processed.

 

 

 

VI. DELIVERY OF GOODS, RISK OF DAMAGED GOODS

  1. The Goods will be delivered using the method of your choice, with the following options available:
    1. Personal pickup at Zásilkovna collection points.
    2. Delivery via Zásilkovna courier services.
  2. Goods can only be delivered within Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Lithuania, Latvia, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
  3. The delivery time of the Goods depends on their availability, the chosen delivery method, and the payment method. The estimated delivery time will be communicated in the Order Confirmation. The delivery time stated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal pickup at a designated location, you will always be informed via email when the Goods are ready for collection.
  4. Upon receiving the Goods from the courier, you are required to check the integrity of the packaging. If you notice any damage, you must report it immediately to the courier and to Us. If the packaging is damaged in a way that indicates unauthorized tampering or access to the shipment, you are not obliged to accept the Goods.

     

  5. If you fail to accept the Goods, except in cases specified in Article VI.4 of these Terms, it does not constitute a breach of Our obligation to deliver the Goods to you. Likewise, your failure to accept the Goods does not mean you have withdrawn from the Agreement. However, in such a case, We have the right to withdraw from the Agreement due to your material breach. If We choose to exercise this right, the withdrawal becomes effective on the day it is delivered to you. Withdrawal from the Agreement does not affect Our right to claim reimbursement for the shipping costs or compensation for any incurred damages.

  6. If, due to reasons on your part, the Goods must be delivered repeatedly or using a method different from the one agreed upon in the Agreement, you are responsible for covering the additional costs associated with such repeated delivery. Payment details for covering these costs will be sent to your email address specified in the Agreement, and payment is due within 14 days of receiving the email.

  7. The risk of damage to the Goods transfers to you at the moment you take possession of them. If you fail to accept the Goods, except in cases specified in Article VI.4, the risk of damage transfers to you at the moment you had the opportunity to accept the Goods but did not do so for reasons on your part. The transfer of risk means that from that moment, you bear all consequences related to the loss, destruction, damage, or any depreciation of the Goods.

  8. If the Goods were not listed as in stock on the E-shop and only an estimated availability time was provided, We will always inform you in case of:

    a) An unexpected production outage of the Goods, in which case We will provide a new estimated availability time or inform you that delivery is not possible.

    b) A delay in delivery from Our supplier, in which case We will provide a new estimated delivery time.

VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

  1. We guarantee that at the time the risk of damage to the Goods passes to You, according to Article VI.7 of these Terms, the Goods will be free of defects, particularly that:

    a) They have the properties agreed upon with You, or if not expressly agreed, the properties described in the Goods description, or those typically expected given the nature of the Goods;

    b) They are suitable for the purposes We stated or for the usual purposes of such Goods;

    c) They match the quality or execution of an agreed sample, if quality or execution was determined according to a sample;

    d) They are in the appropriate quantity and weight;

    e) They meet the legal requirements;

    f) They are not encumbered by third-party rights.

  2.  The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular, Sections § 1914 to 1925, § 2099 to 2117 and § 2161 až 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
  3. If the Goods are defective, meaning if any condition from Article VII.1 is not met, You may notify Us and exercise your rights from defective performance (i.e., make a complaint) by sending an email or letter to Our addresses listed in Our identification details. You can also use the sample form provided by Us, which forms Annex No. 1 of these Terms. When making a complaint, you must specify how you wish the defect to be resolved, and this choice cannot be changed later without Our consent, except as provided in Article 7.4. We will handle the complaint in accordance with the right exercised by You. If you do not specify how to resolve the defect, you retain the rights listed in Article 7.5 even if the defective performance was a substantial breach of the Agreement.
  4. If defective performance constitutes a substantial breach of the Agreement, You have the right to:
  1. Have the defect remedied by delivering new, defect-free Goods, or by delivering the missing part of the Goods;
  2. Have the defect remedied by repairing the Goods;
  3. Receive a reasonable discount on the Price;
  4. Withdraw from the Agreement.

If you choose options a) or b) and We fail to remedy the defect within a reasonable time or inform you that we will not remedy the defect, you have the rights under options c) and d), even if you did not initially request them. If you choose to have the defect repaired and We determine that the defect is irreparable, We will inform you, and you may select another way to resolve the defect.

5. If defective performance constitutes a minor breach of the Agreement, You have the right to:

a) Have the defect remedied by delivering new, defect-free Goods, or by delivering the missing part of the Goods;

b) Have the defect remedied by repairing the Goods;

c) Receive a reasonable discount on the Price.

If We do not remedy the defect in time or refuse to do so, You have the right to withdraw from the Agreement. You may also withdraw if you cannot use the Goods properly due to repeated defects after repairs or due to multiple defects.

6. In both substantial and minor breaches, you cannot withdraw from the Agreement or demand the delivery of new items if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:

a) The condition of the Goods changed as a result of an inspection to discover the defect. We recommend, especially for editions with collectible cards, that you record a video of the complete unboxing to prove the Goods contain everything they should or to show if something is missing. Without this video, We may not be able to accept your complaint;

b) The Goods were used before the defect was discovered;

c) The inability to return the Goods in unchanged condition was not caused by your actions or negligence;

d) You sold, consumed, or altered the Goods before discovering the defect during normal use; if only partially, you must return the part that can be returned, and We will refund the corresponding part of the Price reflecting your benefit from using the Goods.

7. Within 3 days of receiving your complaint, We will confirm receipt via email, stating when we received it and the estimated time for resolution. We will handle the complaint without undue delay, no later than 30 days after receiving it. This period may be extended by mutual agreement. If this period lapses in vain, you may withdraw from the Agreement.

8. We will inform you of the complaint resolution via email. If the complaint is justified, you are entitled to reimbursement of reasonable expenses, which you must prove (e.g., by receipts or proof of shipping costs). If the defect is resolved by delivering new Goods, you must return the original Goods to Us, but We will cover the return costs.

9. If you are a business customer, you must report and specify the defect without undue delay after you could have discovered it, but no later than 3 days after receiving the Goods.

10. If you are a consumer, you have the right to exercise rights from defective performance for defects in consumer Goods within 24 months of receiving the Goods.

The provisions regarding rights from defects do not apply in cases of:

a) Goods sold at a lower price due to the defect for which the lower price was agreed;

b) Wear and tear due to normal use;

c) Used Goods with defects corresponding to the level of use or wear at the time you received them;

d) Situations arising from the nature of the Goods.

III. WITHDRAWAL FROM THE AGREEMENT

  1. Withdrawal from the Agreement, i.e., the termination of the contractual relationship between Us and You from the outset, may occur for reasons and in the manner specified in this Article, or in other provisions of the Terms, where the possibility of withdrawal is explicitly stated.

  2. If You are a consumer, i.e., a person buying Goods outside of their business activities, You have the right to withdraw from the Agreement without giving any reason within 14 days from the delivery of the Goods, in accordance with Section §1829 of the Civil Code. In the case of an Agreement that covers several types of Goods or delivery of multiple parts of Goods, this period begins on the day of delivery of the last part of the Goods. In the case of an Agreement under which we will deliver Goods regularly and repeatedly, the period starts on the day of delivery of the first delivery. You may withdraw from the Agreement in any provable manner (particularly by sending an email or letter to the addresses listed in Our identification details). You may also use the sample form provided by Us, which forms Annex No. 2 of these Terms.
  3. However, even as a consumer, You cannot withdraw from the Agreement in the following cases where the subject of the Agreement is:

a) Goods whose price depends on fluctuations in the financial market beyond Our control, which may occur during the withdrawal period;

b) Goods that have been customized according to Your wishes or for Your personal use;

c) Goods that are perishable or which have been irreversibly mixed with other goods after delivery;

d) Goods in sealed packaging that have been opened and cannot be returned for hygiene reasons;

e) The supply of sound or video recordings or computer programs if the original packaging has been damaged;

f) The supply of newspapers, periodicals, or magazines;

g) The delivery of digital content if not provided on a tangible medium and was delivered with Your prior explicit consent before the expiration of the withdrawal period, and We informed You that you do not have the right to withdraw from the Agreement.

4. The withdrawal period under Article VIII.2 of the Terms is considered respected if You send Us a notice of withdrawal during that period.

5. In the event of withdrawal from the Agreement, the Price will be refunded to You within 14 days from the effective date of withdrawal to the account from which it was credited, or to an account chosen by You for the withdrawal. However, the amount will not be refunded before You return the Goods to Us or prove that they have been sent back to Us. Please return the Goods clean and, if possible, including the original packaging.

6. In the case of withdrawal from the Agreement under Article VIII.2 of the Terms, You must send the Goods back to Us within 14 days from withdrawal and bear the costs associated with returning the Goods to Us. However, You are entitled to a refund of the cost of delivery, but only up to the amount corresponding to the least expensive delivery method that We offered. If You withdraw due to Our breach of the Agreement, We will also cover the costs of returning the Goods to Us, but again, only up to the price of the cheapest delivery method We offered for the Goods.

7. You are responsible for any damage to the Goods if the Goods were damaged as a result of handling them in a way that was unnecessary, given their nature and properties. We will invoice the damage caused after the Goods have been returned to Us, and the payment deadline for the invoiced amount is 14 days. If we have not yet refunded the Price, we are entitled to offset the claim for costs against your claim for the Price refund.

8. We have the right to withdraw from the Agreement at any time before delivering the Goods if there are objective reasons why the Goods cannot be delivered (especially reasons on the part of third parties or due to the nature of the Goods), even before the expiration of the period specified in Article VI.9 of the Terms. We may also withdraw from the Agreement if it is clear that You provided intentionally incorrect information in the Order. If You are purchasing the Goods within the scope of Your business activity, i.e., as a business, We are entitled to withdraw from the Agreement at any time, even without giving a reason.

IX. CONSUMER DISPUTE RESOLUTION

  1. We are not bound by any codes of conduct in relation to buyers in the sense of Section 1826, paragraph 1, letter e) of the Civil Code.

  2. Consumer complaints are handled through the electronic address info@kpopstore.cz. Information regarding the resolution of the complaint will be sent to the buyer's email address.
  3. For out-of-court resolution of consumer disputes arising from the Agreement, the competent authority is the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification Number: 000 20 869, website: http://www.coi.cz. The online dispute resolution platform, available at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the seller and the buyer who is a consumer, from a purchase contract concluded through electronic means.
  4. 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 under Regulation (EU) No. 524/2013 of the European Parliament and Council, dated May 21, 2013, on the online resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on Online Consumer Dispute Resolution).

X. FINAL PROVISIONS

  1. If our legal relationship with you involves an international element (e.g., if we are sending goods outside the Czech Republic), the relationship will always be governed by the laws of the Czech Republic. However, if you are a consumer, this provision does not affect your rights arising from legal regulations.

  2. All written correspondence will be delivered to you via email. Our email address is provided in our identification details. We will send correspondence to your email address listed in the Agreement, in your User Account, or through which you contacted us.

  3. The Agreement can only be changed by our written consent. However, we are entitled to change and supplement these Terms and Conditions. This change will not affect already concluded Agreements but will only apply to Agreements concluded after the effectiveness of this change. We will inform you about the change only if you have created a User Account (so you have this information in case you place a new order). However, this change does not create a right to terminate the contract, as no Agreement has been concluded that could be terminated, unless we are required to deliver goods to you regularly and repeatedly under the Agreement. We will send information about the change to your email address at least 14 days before the change becomes effective. If we do not receive notice of termination of the Agreement for regular and repeated delivery of goods from you within 14 days of sending the information about the change, the new conditions will become part of our Agreement and will apply to the next delivery of goods after the change becomes effective. The notice period in the event of termination is 2 months.

4.  In the case of force majeure or unforeseen events (natural disasters, pandemics, wars, operational failures, supplier outages, etc.), we are not liable for any damage caused directly or indirectly by these force majeure events. If the force majeure situation lasts for more than 10 days, both we and you have the right to terminate the Agreement.

5. The Terms and Conditions include a sample form for complaints and a sample form for withdrawing from the Agreement.

6. The Agreement, including the Terms and Conditions, is archived in electronic form by us but is not accessible to you. However, you will always receive these Terms and Conditions and the confirmation of the Order with a summary of the Order via email, so you will always have access to the Agreement even without our cooperation. We recommend that you always save the Order confirmation and the Terms and Conditions.

7. These Terms and Conditions came into effect on February 1, 2025.

 

 

ANNEX NO. 1 - SAMPLE FORM FOR COMPLAINTS

Recipient:                  Nikol Slavíková, Slovenská 1689, 250 82 Úvaly, Czech Republic

Filing a Complaint

Date of contract conclusion:

 

Name and surname:

 

Address:

 

E-mail address:

 

Goods:

 

Defect description including a link to the unboxing video:

 

Proposed resolution complaint:

 

I also request the issuance of a confirmation of the filed complaint, specifying when I exercised this right, the content of the complaint, along with my claim, including the date and manner of resolving the complaint.

 

Date:

Signature: 

 

 

 

ANNEX NO. 2 - WITHDRAWAL FROM THE AGREEMENT

Recipient:                  Nikol Slavíková, Slovenská 1689, 250 82 Úvaly, Czech Republic

I hereby declare that I withdraw from the Agreement:

Date of agreement conclusion:

 

Name and surname:

 

Address:

 

E-mail address:

 

Specification of goods to which this agreement pertains:

 

Method of returning the received funds:

 

 

If the buyer is a consumer, they have the right, if they ordered goods through the e-shop of Nikol Slavíková ("Company") or another means of remote communication, except for the cases specified in § 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from the concluded purchase agreement within 14 days from the receipt of the goods, without providing any reason and without any penalty. The buyer will notify the Company of this withdrawal in writing to the Company's business address or electronically via the email provided in the sample form.

If the buyer, who is a consumer, withdraws from the purchase agreement, they will send or deliver the goods they received from the Company to the Company without unnecessary delay, no later than 14 days from the withdrawal from the purchase agreement.

If the buyer, who is a consumer, withdraws from the purchase agreement, the Company will return all funds (purchase price of the delivered goods) including delivery costs, which the Company received from the buyer under the purchase agreement, in the same manner, without unnecessary delay, no later than 14 days from the withdrawal from the purchase agreement. If the buyer chose a method of delivery that is not the cheapest offered by the Company, the Company will return the delivery costs only to the extent corresponding to the cheapest method of delivery offered by the Company. The Company is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that they have sent the goods back to the Company.

 

Date:

Signature:

 

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