Terms and Conditions
English translation for customers’ convenience. The Contract is concluded in Czech; in the event of any discrepancy in interpretation, the Czech wording prevails, without prejudice to mandatory Consumer rights.
These General Terms and Conditions (the “Terms”) of kaš-mi-daš, s.r.o., registered office at Pod Nuselskými schody 1721/3, Vinohrady (Prague 2), 120 00 Prague, Czech Republic, Company ID 05883091, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 272403 (the “Seller” or “we”), govern, under Section 1751(1) of Czech Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations arising from contracts concluded through our online store at www.kasmidas.cz (the “Online Store”).
Seller’s contact details: e-mail info@kasmidas.cz, telephone +420 776 344 600. For complaints, withdrawal and voluntary guarantees, you may also use reklamace@kasmidas.cz. Shop address for in-person complaints and returns: Janovského 33, 170 00 Prague 7, Czech Republic.
These Terms form an integral part of any purchase agreement or agreement for services concluded through the Online Store (the “Contract”). Any specific individual agreement expressly reached with you for a particular purchase takes precedence. Contracts are concluded using means of distance communication; you bear your ordinary internet access and other communication costs.
Information on personal data processing is available in our Privacy Policy. An overview of how to submit a complaint or return Goods is provided on the Returns and Complaints page.
I. Definitions
- The Price is the amount you pay for the Goods or service ordered.
- The Shipping Charge is the amount charged for delivery of the Goods and, where applicable, their packaging.
- The Total Price is the sum of the Price, the Shipping Charge and any other costs of which you are informed in advance.
- VAT means value added tax under the applicable legislation.
- An Order is your proposal to enter into a Contract, submitted through the Online Store.
- A User Account is an account created through registration, which allows you to store details and access your order history.
- You means the purchaser of Goods or the customer ordering a service. You are a Consumer if you deal with us outside your business or independent professional activity. You are a Business Customer if you deal with us in the course of your business activity.
- Goods means the products offered through the Online Store. Where participation in a workshop, course or other event is offered, the provisions on services and the special rules in Article IX apply as appropriate.
II. General provisions
- When placing an Order, you must provide complete, accurate and truthful information necessary to process it. Please notify us promptly of any changes relevant to performance of the Contract.
- Information about the features, availability, Price and other essential details of the Goods is provided on the respective product pages. If any product is subject to special conditions of sale, those conditions are displayed with the product or during checkout.
- These Terms do not restrict rights conferred on Consumers by mandatory legislation. Provisions expressly intended for Consumers do not automatically apply to purchases made by Business Customers.
III. Conclusion of the Contract
- The purchase agreement is concluded in the Czech language. These Terms may also be provided in English for customers’ convenience. In the event of differences in interpretation between language versions, the Czech version shall prevail, without prejudice to mandatory Consumer rights. Details of the Goods ordered, the Price, payment arrangements and delivery conditions are displayed during checkout.
- You create an Order by adding selected items to your basket, choosing an available delivery and payment method, and entering the necessary contact and delivery details. Before submitting your Order, you can review and correct the details.
- The Total Price and any additional costs are displayed before you confirm your Order. By submitting an Order using a button labelled “order with obligation to pay” or other equally unambiguous wording, you make a binding offer to enter into the Contract and undertake to pay the Total Price if the Contract is concluded.
- After receiving your Order, we send confirmation to the e-mail address stated in the Order. The Contract is concluded when we confirm your Order. The confirmation includes purchase details and the Terms applicable at the time the Contract was concluded.
- If we cannot fulfil an Order, particularly because the Goods are unavailable or the available quantity has been exceeded, we will contact you and propose an amendment. An amended Contract is concluded only when you accept the revised offer.
- In the event of an obvious error in the Price which a customer could reasonably recognise (such as an obvious typographical error or a clearly disproportionate amount), we will contact you without undue delay. If the Contract has already been concluded, we will proceed in accordance with the applicable law and propose an appropriate solution.
- If you have a User Account, you may place Orders through it; even then, you are responsible for checking pre-filled details. Any discount codes must be entered during checkout in accordance with the terms of the relevant promotion.
IV. User Account
- You can create a User Account by registering with the Online Store. Registration is not required for an ordinary purchase unless expressly stated for a particular offer.
- When registering and using your account, provide truthful details and keep them up to date. Protect your login credentials against unauthorised use.
- Your User Account is personal and must not be made available to another person without our consent.
- We may close the account, in particular in the event of a serious breach of these Terms or if it has not been used for more than 12 months; this does not affect your statutory rights or Contracts already concluded.
- The account may not be available continuously, particularly due to maintenance of technical systems.
V. Prices, payment and retention of title
- Prices of Goods are displayed in the Online Store. The Price and Total Price shown in the final order summary before submission apply to your Order. For Consumer purchases, prices include applicable VAT and mandatory charges.
- The Shipping Charge and any conditions for free delivery are displayed when selecting a delivery method. You will always see the Total Price before submitting your Order.
- You may pay the Total Price using the payment methods offered for the relevant Order. Payments by online card (including supported mobile wallets) and online bank transfer may be processed through the Shoptet Pay gateway, whose terms are available on the Shoptet Pay website. Where advance payment is agreed, the Total Price is due within the time shown at payment or in the Order confirmation; for online card payments this is generally within three days, unless otherwise stated.
- We issue a tax or accounting document in accordance with the law, normally in electronic form, and send it to the e-mail address stated in the Order.
- Ownership of the Goods passes to you once the Total Price has been paid and the Goods have been received. A bank transfer is deemed paid when the amount is credited to our account; for other payment methods, upon confirmation of payment by the relevant provider.
VI. Delivery and transfer of risk
- We deliver Goods by the delivery methods, or offer collection in person, as displayed during checkout. The available carriers, collection points, delivery countries and shipping charges may vary depending on the country, type of Goods and Order value.
- We deliver to countries for which the Online Store offers a delivery method at the time of the Order. The specific available methods and charges are displayed before you submit the Order.
- The estimated delivery time depends on the availability of the Goods, selected delivery method and payment. We display availability and indicative delivery times in the Online Store or, where appropriate, in the Order confirmation. We will notify you when Goods are ready for collection.
- Upon delivery by a carrier, we recommend checking the parcel and promptly reporting any visible damage to its packaging both to the carrier and to us. Failure to do so does not, in itself, limit a Consumer’s statutory rights relating to defective Goods.
- Failure to accept a parcel does not, by itself, constitute withdrawal from the Contract. If circumstances on your side cause us to incur demonstrable and reasonably necessary additional costs for repeat delivery, we may claim reimbursement to the extent permitted by law.
- For Consumer purchases, the risk of damage to the Goods generally passes to you when you take possession of them, unless the law provides otherwise. If you choose a carrier not offered by us, the statutory rules on transfer of risk apply.
- If Goods are not in stock, we will inform you of any exceptional production interruption or supplier delay that may affect the expected delivery date.
- If we are unable to deliver the Goods even within 30 days after the delivery period stated in the Order confirmation has expired, either you or we may withdraw from the Contract. This does not restrict any right you may have to withdraw earlier under the law.
VII. Rights arising from defective performance and complaints
- We are responsible for ensuring that, upon receipt, the Goods conform to the agreed description, type, quantity, quality and other agreed characteristics, are suitable for the agreed purpose and are supplied with the agreed accessories and instructions. For Consumer purchases, we are also responsible for compliance with the requirements of Section 2161 et seq. of the Czech Civil Code, unless a deviation has been expressly agreed to the extent permitted by law.
- If you are a Consumer, you may notify us of a defect that becomes apparent within two years of receipt of the Goods, unless the law provides otherwise for the particular case. If a defect becomes apparent within one year of receipt, it is presumed that the Goods were defective upon receipt, unless the nature of the Goods or defect rules this out. Special rules may apply to used Goods and Goods with digital elements.
- You may make a complaint in person at our shop at Janovského 33, 170 00 Prague 7, Czech Republic, by e-mail to reklamace@kasmidas.cz, in writing to our delivery address, or using the online complaint form on the Returns and Complaints page. A complaint can also be submitted without using any form. A sample paper form is provided in Appendix 1.
- When submitting a complaint, please identify the Goods and describe the defect; you may also state your preferred remedy. To help identify your purchase, we recommend including the Order number, date of purchase or other proof of purchase. Proof of purchase is not limited to the original receipt or invoice. Photos of the defect are optional. If the Goods need to be examined, we will arrange with you how to provide them for inspection.
- Remedies for Consumer purchases: If the Goods are defective, you may, under Section 2169 of the Czech Civil Code, request repair or replacement, unless your chosen remedy is impossible or disproportionately costly compared with the alternative. We will remedy the defect at our expense, within a reasonable time and without significant inconvenience to you.
- Price reduction or withdrawal: Under the conditions set out in Section 2171 of the Czech Civil Code, you may request a proportionate reduction of the Price or withdraw from the Contract, particularly if we refuse to remedy the defect, fail to remedy it properly, the defect recurs, the defect constitutes a fundamental breach of the Contract, or it is apparent that the defect will not be remedied within a reasonable time or without significant inconvenience. Withdrawal is not available for a minor defect; a defect is presumed not to be minor. If you do not specify a remedy when submitting your complaint, we will explain your available statutory rights and agree on the next steps.
- Rights arising from defective performance do not generally cover ordinary wear and tear caused by use, defects corresponding to the condition of used Goods when received, or defects for which a lower Price was agreed, where the relevant statutory conditions are met. Consumers’ rights are not excluded merely because the Goods have been tried or used in the ordinary way.
- Complaint acknowledgement: When you submit a complaint, we will issue written acknowledgement stating the date of submission, the nature of the complaint, your requested remedy (if specified), and contact details for notification of its outcome. If you submit a complaint online, you will receive an automated e-mail summarising the information provided; if that e-mail lacks any statutory information, we will provide it in a separate acknowledgement. Our confirmation of the outcome will state the date and method of resolution, any repair duration, or written reasons for rejecting the complaint.
- Time limits: We will decide on a complaint immediately, or within three working days in complex cases; this period does not include a reasonable time necessary for expert assessment of the defect. We will resolve a Consumer complaint, including remedying the defect, and notify you of the outcome without undue delay and no later than 30 days after submission, unless we expressly agree on a longer period. Your cooperation may be needed to examine the Goods. If the statutory or agreed period expires without resolution, you may withdraw from the Contract or request a proportionate Price reduction subject to statutory conditions.
- If your complaint is justified, you are entitled, subject to statutory conditions, to reimbursement of reasonably incurred costs of making the complaint. If the defect is remedied by replacing the Goods, we will arrange for the original Goods to be returned at our expense.
- Business Customers: If you buy in the course of business, your rights arising from defective performance are governed in particular by Sections 2099–2117 of the Czech Civil Code. The special provisions on Consumer sales and the 30-day Consumer complaint period do not automatically apply. You must notify us of defects without undue delay after they could have been discovered through timely inspection and due care, in accordance with the applicable statutory rules.
VIII. Withdrawal from the Contract
- If you are a Consumer and conclude a Contract through the Online Store, you may generally withdraw from a contract for the purchase of Goods without giving a reason within 14 days. The period runs from receipt of the Goods; where several items under one Order are delivered separately, from receipt of the last item; and for regular deliveries, from receipt of the first delivery. Different statutory rules may apply to other types of Contract.
- You can withdraw online on the Returns and Complaints page, where you can access the Order details after verification and submit a withdrawal notice. You may also withdraw by any other clear statement, especially by e-mail to reklamace@kasmidas.cz or by letter to Janovského 33, 170 00 Prague 7, Czech Republic. The model form in Appendix 2 is optional. It is sufficient to send the withdrawal notice before the deadline expires.
- Exceptions to the right of withdrawal: A Consumer has no right to withdraw in particular in the case of Goods made to the Consumer’s specifications or personalised; Goods liable to deteriorate rapidly or with a short shelf life; Goods which, after delivery, become inseparably mixed with other items by their nature; sealed Goods unsuitable for return for health protection or hygiene reasons after the seal has been broken; sealed audio or video recordings or computer software after unsealing; newspapers, periodicals and magazines; and other cases specified in Section 1837 of the Czech Civil Code. An exception applies only where all statutory conditions are met. Merely trying the Goods or opening ordinary shipping packaging does not automatically remove the right of withdrawal.
- For services fully performed before expiry of the withdrawal period or digital content not supplied on a tangible medium, exceptions apply only where the statutory conditions have been met, in particular those relating to express consent, information and any required confirmation. Workshops, courses and events scheduled for a specific date or period are subject to the statutory exception for leisure services provided on a particular date or during a particular period; your right to cancel under Article IX remains unaffected.
- If you withdraw from the Contract, please send or hand back the Goods without undue delay and no later than 14 days after withdrawal, to Janovského 33, 170 00 Prague 7, Czech Republic, or as otherwise agreed. You bear the return shipping costs when withdrawing without a reason. Please return the Goods clean and, if possible, in their original packaging; lack of the original packaging does not by itself exclude the statutory right to withdraw.
- We will reimburse payments received under the Contract, including the cost of delivery up to the amount corresponding to our cheapest offered delivery method, without undue delay and no later than 14 days after withdrawal. Where only part of an Order is returned, delivery costs will be assessed in the light of the particular purchase and the law. We will reimburse you by the same means of payment unless we expressly agree otherwise without additional cost to you. We may withhold reimbursement until we have received the Goods or you have provided evidence of having sent them back, whichever occurs first.
- You are responsible only for any diminished value of the Goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning. If a reduction in the reimbursed amount is legally permitted, we will explain the reason and amount.
- The right to withdraw because of a breach of the Seller’s obligations is governed by the applicable law. Costs connected with return following justified withdrawal due to a defect or other breach of Contract are borne or reimbursed as required by law.
- If it is objectively impossible to fulfil an Order, we will notify you without undue delay and proceed under the statutory rules on termination of obligations or withdrawal. For purchases made in the course of business, we reserve the right to withdraw without giving a reason where legally permitted in the particular case.
IX. Cancellation of workshops and events scheduled for a specific date
- If the Contract concerns participation in a workshop, course or another event held on a specific date, the following cancellation conditions apply.
- You may cancel your participation by e-mail to info@kasmidas.cz. The time at which we receive the message is decisive.
- If you cancel at least 48 hours before the workshop starts, we will refund the fee paid in full.
- If you cancel less than 48 hours before the workshop starts, or fail to attend without prior cancellation, these cancellation conditions do not entitle you to a refund. This does not limit rights under mandatory legislation.
- By agreement, we may allow you to transfer your place to another person if you provide their name and contact details before the workshop starts.
- A workshop takes place when at least 50% of capacity is booked. If we cancel the workshop, we will offer an alternative date or refund the fee paid in full.
X. Consumer dispute resolution
- We handle Consumer complaints sent to info@kasmidas.cz. We will inform you of the result using the e-mail address from which you contacted us, unless otherwise agreed.
- The competent entity for alternative dispute resolution for Consumer disputes arising from purchase contracts is the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Prague 2, Czech Republic, ID No. 00020869, website www.coi.cz; information about alternative dispute resolution is also available at adr.coi.cz.
- Where legislation provides for other applicable Consumer protection mechanisms or alternative dispute resolution entities for a particular type of service, this Article does not affect them.
XI. Final provisions and voluntary guarantees
- Contractual relationships are governed by the laws of the Czech Republic. This choice of law does not deprive a Consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence where those provisions apply under the relevant European Union legislation.
- We will generally communicate with you electronically using the e-mail address stated in your Order, User Account or submission. For general enquiries, contact info@kasmidas.cz; for complaints, withdrawal and guarantees, contact reklamace@kasmidas.cz.
- We may amend these Terms for the future. Changes do not affect Contracts concluded before the amended version takes effect; those Contracts remain subject to the Terms effective when they were concluded, unless the parties lawfully agree otherwise.
- If exceptional circumstances beyond our reasonable control prevent performance (for example, a natural disaster or major infrastructure outage), the parties’ rights and obligations are governed by applicable law. If such an obstacle lasts more than 10 days, either party may withdraw from the Contract unless prohibited by mandatory law.
- In addition to statutory rights, kaš-mi-daš offers voluntary benefits: a 30-day Satisfaction Guarantee for registered customers, under which a credit is added to the customer account in accordance with the terms of the guarantee, and a lifetime ink quality guarantee for inks purchased from us, under which we offer replacement or a refund. Detailed terms are set out on the linked pages. These voluntary guarantees neither replace nor limit Consumers’ statutory rights, including the right of withdrawal and rights arising from defective performance.
- These Terms include Appendix 1 – Sample complaint notice and Appendix 2 – Sample withdrawal notice. Neither form is mandatory. Our online procedures are set out on the Returns and Complaints page.
- We retain concluded Contracts and related documents in electronic form in accordance with the law. We will provide the Order confirmation and these Terms electronically so that you can save them.
- These updated Terms take effect on the date they are published in the Online Store. Contracts concluded before that date remain governed by the earlier version of the Terms.
Appendix 1 – Sample complaint notice (optional)
To: kaš-mi-daš, s.r.o., shop at Janovského 33, 170 00 Prague 7, Czech Republic; e-mail reklamace@kasmidas.cz.
I wish to submit a complaint about the following Goods:
- Full name: ............................................................
- Contact e-mail / telephone: ............................................................
- Order number or purchase date (if known): ............................................................
- Goods concerned: ............................................................
- Description of the defect: ............................................................
- Requested remedy (if any): ............................................................
Date: ............................................................
You can also submit a complaint online on the Returns and Complaints page or by ordinary e-mail. Printing, signing or using this sample form is not necessary for electronic submission.
Appendix 2 – Sample notice of withdrawal from the Contract (optional)
To: kaš-mi-daš, s.r.o., shop at Janovského 33, 170 00 Prague 7, Czech Republic; e-mail reklamace@kasmidas.cz.
I hereby give notice that I withdraw from the purchase agreement concluded through the Online Store www.kasmidas.cz in respect of the Goods specified below:
- Order number / date of Order: ............................................................
- Date Goods were received: ............................................................
- Full name: ............................................................
- Contact e-mail: ............................................................
- Address: ............................................................
- Goods being returned: ............................................................
- Bank account for refund (optional, only if agreed): ............................................................
Date: ............................................................
You can also withdraw online on the Returns and Complaints page or by an unambiguous e-mail notice. This form is optional. A handwritten signature is not required for electronic withdrawal.
