TERMS &
CONDITIONS

I General provisions

These general terms and conditions (the “Terms”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”). The operator is JapanTrade s.r.o., Company ID 22648950, registered office at Jana Černého 366/1, Věkoše, 503 41 Hradec Králové, Czech Republic (this address is also the return address). The company is registered in the Commercial Register. E-mail: info@kanjoworks.com, phone: +420 776 419 140, website and online store: kanjoworks.com (the “Seller”).

These Terms govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (the “Buyer”), via the web interface located on the website at kanjoworks.com (the “online store”).

The provisions of these Terms form an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over these Terms.

These Terms and the purchase contract are concluded in the Czech language.

II Information on goods and prices

Information about the goods, including the price of each item and its main characteristics, is given with each item in the online store catalogue. Prices include value added tax, all related fees and the cost of returning goods where, by their nature, they cannot be returned by ordinary post. Prices remain valid for as long as they are displayed in the online store. This does not preclude concluding a purchase contract on individually negotiated terms.

All presentation of goods in the online store catalogue is for information only and the Seller is not obliged to conclude a purchase contract for these goods.

The online store publishes information about packaging and delivery costs. This information applies only where the goods are delivered within the Czech Republic.

Discounts on the purchase price cannot be combined unless the Seller and the Buyer agree otherwise.

III Ordering and conclusion of the purchase contract

Costs incurred by the Buyer when using means of distance communication in connection with concluding the purchase contract (internet connection, phone calls) are borne by the Buyer. These costs do not differ from the basic rate.

The Buyer places an order in one of the following ways:

• via their customer account, if they have previously registered in the online store,
• by filling in the order form without registration.

When placing an order, the Buyer selects the goods, the quantity, the payment method and the delivery method.

Before submitting the order, the Buyer may check and change the data entered. The Buyer submits the order to the Seller by clicking the ORDER button. The Seller considers the data in the order to be correct. The order is valid only if all mandatory fields are completed and the Buyer confirms having read these Terms.

Immediately after receiving the order, the Seller sends the Buyer an order receipt confirmation to the e-mail address given in the order. This confirmation is automatic and does not constitute conclusion of the contract. The Seller's current Terms are attached to it. The purchase contract is concluded only when the Seller accepts the order. Notice of acceptance is sent to the Buyer's e-mail address.

If the Seller cannot meet any requirement stated in the order, it sends the Buyer an amended offer by e-mail. The amended offer is considered a new proposal of the purchase contract, which is then concluded when the Buyer confirms acceptance to the Seller's e-mail address stated in these Terms.

All orders accepted by the Seller are binding. The Buyer may cancel an order until they receive the Seller's notice of acceptance, by phone or e-mail using the contact details in these Terms.

If an obvious technical error occurs on the Seller's side in stating the price in the online store or during ordering, the Seller is not obliged to deliver the goods at that clearly erroneous price, even if an automatic order receipt confirmation was sent under these Terms. The Seller informs the Buyer of the error without undue delay and sends an amended offer by e-mail. The amended offer is considered a new proposal of the purchase contract, which is then concluded when the Buyer confirms acceptance to the Seller's e-mail address.

If the Buyer chose payment in advance (electronic payment, card payment etc.) and did not pay, the Seller may cancel the order.

IV Customer account

Based on registration in the online store, the Buyer may access their customer account and order goods from it. The Buyer may also order goods without registration.

When registering and ordering, the Buyer must provide all data correctly and truthfully, and must update the account data whenever it changes. The Seller considers the data provided in the account and the order to be correct.

Access to the customer account is secured by a username and password. The Buyer must keep the access details confidential. The Seller is not liable for any misuse of the account by third parties.

The Buyer may not allow third parties to use the customer account.

The Seller may cancel a user account, in particular if the Buyer has not used it for a longer period or has breached their obligations under the purchase contract or these Terms.

The Buyer acknowledges that the user account may not be available continuously, in particular due to necessary maintenance of the Seller's or third parties' hardware and software.

V Payment terms and delivery

The Buyer may pay the price of the goods and any delivery costs under the purchase contract in the following ways:

• cash on delivery when the goods are handed over,
• in cash or by card on collection at a pick-up point,
• electronically via an online payment gateway.

Online payments are handled by the Comgate payment gateway. The provider, Comgate a.s., is a licensed payment institution supervised by the Czech National Bank. Payments through the gateway are fully secured and all information is encrypted. More information and contacts at www.comgate.cz.

Together with the purchase price, the Buyer must pay the Seller the agreed packaging and delivery costs. Unless expressly stated otherwise, the purchase price hereinafter includes delivery costs.

For cash payment, the purchase price is due on receipt of the goods.

The Seller does not require any deposit or similar payment in advance.

Under the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer and to register the received payment with the tax authority online, or within 48 hours in the event of a technical outage.

Goods are delivered to the address specified by the Buyer in the order, or to the pick-up point chosen by the Buyer.

The delivery method is chosen during ordering.

The seller delivers goods within the Czech Republic, Slovakia and other member states of the European Union. Delivery outside the EU is possible only by prior individual agreement with the seller. Goods in stock are usually dispatched within two business days of payment; for made-to-order or custom goods the delivery time is stated with the product in the online store and in the order confirmation.

Delivery costs depending on the shipping and receipt method are stated in the Buyer's order and in the Seller's order confirmation. If the delivery method is agreed at the Buyer's special request, the Buyer bears the risk and any additional costs of that method.

If the Seller is obliged to deliver the goods to the place specified in the order, the Buyer must take delivery. If, for reasons on the Buyer's side, the goods must be delivered repeatedly or in a manner other than stated in the order, the Buyer bears the costs of repeated delivery or of the other delivery method.

On receipt from the carrier, the Buyer must check that the packaging is intact and report any defects to the carrier immediately. If the packaging shows signs of unauthorised tampering, the Buyer need not accept the shipment.

The Seller issues a tax document – an invoice – and sends it to the Buyer's e-mail address.

Title to the goods passes to the Buyer on payment of the full purchase price including delivery costs, but not before receipt of the goods. The risk of accidental destruction, damage or loss passes to the Buyer on receipt, or at the moment the Buyer was obliged to take delivery but failed to do so in breach of the purchase contract.

VI Returns & withdrawal

A Buyer who concluded the purchase contract outside their business activity as a consumer has the right to withdraw from it.

The withdrawal period is 14 days from the day the goods are received.

Among other things, the Buyer cannot withdraw from a contract for:

• the provision of services performed with the Buyer's prior express consent before the withdrawal period expired, where the Seller informed the Buyer before the contract that they would lose the right of withdrawal,
• the supply of goods or services whose price depends on financial market fluctuations beyond the Seller's control that may occur during the withdrawal period,
• the supply of alcoholic beverages deliverable only after thirty days whose price depends on financial market fluctuations beyond the Seller's control,
• the supply of goods made to the Buyer's specification or personalised,
• the supply of perishable goods or goods irreversibly mixed with other goods after delivery,
• the supply of sealed goods which the Buyer unsealed and which cannot be returned for hygiene reasons,
• the supply of audio or video recordings or computer software whose original packaging was unsealed,
• the supply of newspapers, periodicals or magazines,
• the supply of digital content not on a tangible medium, delivered with the Buyer's prior express consent before the withdrawal period expired, where the Seller informed the Buyer that they would lose the right of withdrawal,
• other cases listed in Section 1837 of the Civil Code.

To meet the withdrawal deadline, the Buyer must send the withdrawal notice within the withdrawal period.

The Buyer may use the model withdrawal form provided by the Seller.

A Buyer who withdrew must return the goods to the Seller within 14 days of withdrawal. The Buyer bears the cost of returning the goods, including where they cannot be returned by ordinary post due to their nature.

If the Buyer withdraws, the Seller refunds all payments received, including delivery costs, without undue delay and no later than 14 days after withdrawal, using the same payment method. A different method is used only if the Buyer agrees and incurs no additional cost.

If the Buyer chose a delivery method other than the cheapest one offered by the Seller, the Seller refunds delivery costs in the amount of the cheapest method offered.

If the Buyer withdraws, the Seller is not obliged to refund before the Buyer hands over the goods or proves that they have been sent.

The goods must be returned undamaged, unworn and clean and, where possible, in the original packaging. The Seller may unilaterally set off a claim for damage to the goods against the Buyer's refund claim.

The Seller may withdraw from the purchase contract if stock is sold out, the goods are unavailable, or the manufacturer, importer or supplier has discontinued production or import. The Seller informs the Buyer without delay at the e-mail address in the order and refunds all payments received, including delivery costs, within 14 days of the withdrawal notice, using the same method or a method specified by the Buyer.

VII Rights arising from defective performance

The Seller is liable to the Buyer that the goods are free of defects on receipt. In particular, the Seller is liable that at the time of receipt:

• the goods have the characteristics agreed by the parties or, absent agreement, those described by the Seller or manufacturer or expected by the Buyer given the nature of the goods and their advertising,
• the goods are fit for the purpose stated by the Seller or for which goods of this kind are normally used,
• the goods correspond in quality or workmanship to the agreed sample or model, where quality or workmanship was determined by such,
• the goods are of the appropriate quantity, measure or weight and comply with legal requirements.

The Seller's obligations for defective performance last at least as long as the manufacturer's. Otherwise, the Buyer may claim a defect that appears in consumer goods within twenty-four months of receipt.