Terms & Conditions

• Trading company: Bitforce, s.r.o.
• Registered address: Novákových 393/16, 180 00, Praha 8
• Business ID number: 03178927
• Registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 227820
• For the sale of goods through an online store located on the website www.kofio.co.

1. Introduction & Background

• 1.1. These business conditions (hereinafter referred to as "business conditions") of the company Bitforce, s.r.o., with its registered address at Novákových 393/16, 180 00, Prague 8, business ID number: 03178927, (hereinafter referred to as the "seller") govern the mutual rights and obligations of the parties in connection with or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another entity or legal person (hereinafter referred to as the “buyer”) through the seller's online store. The internet shop is operated by the seller on the website located on the internet address www.kofio.co, via a website of the shop (hereinafter referred to as the "website").
• 1.2. The Business Terms and Conditions further manage the rights and liabilities of the contractual parties when using the seller's website found at www.kofio.co (hereinafter referred to as the "website") and other related legal relationships. These business conditions do not apply to cases where an individual intends to purchase goods for the purpose of their own business.
• 1.3. Terms deviating from the business terms & conditions can be agreed upon in the purchase contract. Deviating stipulations in the purchase contract take precedence over the stipulations in the terms and conditions.
• 1.4. The establishing of the business conditions is an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be settled in the Czech language.
• 1.5. The contents of the terms and conditions may be changed or augmented by the seller. This provision does not affect the rights and obligations that are in place during the period of validity of the previous version of the terms and conditions.

2. Customer account

• 2.1. Upon creating a registration on the website, the buyer can access information about currently sold products. The buyer is informed about new product releases via email, which can be unsubscribed to in their customer account or by clicking on the appropriate link located in each email. The seller is not obliged to send these emails to all customers.
• 2.2. From their user interface (hereinafter referred to as "customer account"), the customer is able to purchase products. The buyer can also order products without registration directly from the website of the store.
• 2.3. When registering or when ordering products through the website, the customer is obliged to correctly and truthfully state all information provided. The customer is required to update the data specified in their user account in the event of any changes. The data provided by the customer in their user account and when ordering products are considered accurate by the seller.
• 2.4. Only persons over the age of 15 can create a registration on the website.
• 2.5. Access to the customer’s account is secured by a username and password. The customer is required to maintain the confidentiality of the information that is necessary to access their account. The customer acknowledges that the seller is not responsible for breach of this responsibility by the customer.
• 2.6. The customer is not authorised to approve the use of their account to third parties.
• 2.7. The seller retains the right to cancel the customer account, especially if the customer does not use their account for a long time, or if the buyer violates any obligations specified in the purchase agreement (including business conditions).
• 2.8. The seller acknowledges that the customer’s accounts may not be available at all times due to necessary maintenance of the hardware and software equipment of the seller, or necessary maintenance of third party hardware and software.

3. Conclusion of the purchase contract

• 3.1. The website of the seller contains information about all the products, including the prices of individual goods. Prices of goods are listed including value added tax. The prices of the goods remain valid as long as they are displayed on the website. This proclamation does not limit the possibility of the seller to conclude a purchase agreement under individually agreed conditions. All offers for the sale of goods placed on the website of the store are non-binding and the seller is not obliged to enter into a purchase agreement regarding these goods. The statute of § 1732 para. 2 of the Civil Code shall not apply.
• 3.2. The website of the store also contains information on the costs associated with the packaging and delivery of the offered products. The information on costs associated with the packaging and delivery of goods listed on the website of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
• 3.3. To order goods, the customer is required to fill in an order form on the website of the store. The order form contains information about:
• 3.4. the ordered goods (the ordered goods are "placed" by the customer into the virtual shopping cart on the seller’s webpage),
• 3.5. the payment method chosen to pay for the price of the product, information on the required method of delivery of the ordered products, and information on the costs associated with the delivery of the ordered products (hereinafter collectively referred to as "order").
• 3.6. Before making the order, the buyer is permitted to check and change their order, ensuring the buyer's ability to detect and correct errors made when entering data into their order. The buyer creates the order which is sent to the seller by clicking on the "confirm order" button. The data listed in the created order is deemed correct by the seller.
• 3.7. Immediately after receiving the order, the seller will confirm this receipt to the customer via email to the email address provided by the customer in the registration or in their product order form (hereinafter referred to as the "customer’s e-mail address").
• 3.8. Determined by the nature of the order ((quantity of goods, purchase price, estimated shipping costs) the seller holds the right to ask the customer for an additional confirmation of the order request (for example in writing or via telephone).
• 3.9. The purchase contract (in the form of a product order) is valid for fifteen days.
• 3.10. The contractual relationship between the seller and the customer commences at the seller’s reception of the customer’s order (acceptance), which is sent by the customer to the buyer by electronic mail, to the seller’s electronic address.
• 3.11. In the event that any of the requirements specified in the purchase order cannot be met by the seller, the seller will send the customer an amended offer to the customer’s email address, stating possible alternatives of the order, including a request for the customer’s opinion response.
• 3.12. The amended offer is considered a new draft of the purchase contract and in such a case, the purchase contract is agreed upon only after the customer’s written consent via email.
• 3.13. The customer consents to use of distance communication when agreeing upon the purchase contract. The costs incurred by the customer in the use of said distance-communication resulting from the necessity to establish a purchase contract (costs of internet connection, costs of telephone calls) are a liability of the customer, and these costs do not differ from the basic rate.

4. Price of products and payment conditions

• 4.1. The price of the products and any costs associated with the delivery of the products under the purchase agreement, may be compensated by the customer to the seller in the following ways:
  • cashless via bank transfer
  • cashless via card payment
  • cash and credit on delivery
• 4.2. Along with the price of the product, the customer is also obliged to pay for the costs associated with packaging and delivery of the order in the agreed amount. Unless expressly stated otherwise, hereinafter the term “product price” also includes the costs associated with the delivery of goods.
• 4.3. In the case that the customer is paying by bank transfer, the seller is only obliged to send the products on delivery to the buyer after receiving the amount to a mediated bank account. If payment is not made within 7 days of order, the order is automatically rescinded.
• 4.4. The seller is entitled to demand payment of the full purchase price before sending the goods to the buyer, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.8).The provisions of § 2119 par. 1 of the Civil Code shall not apply.
• 4.5. A discounts or offers provided by the seller on the price of products cannot be combined with other discounts or offers.
• 4.6. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the customer regarding payments made on the basis of the purchase contract. The seller is a taxpayer. An invoice will be issued by the seller to the customer after delivery of the ordered products to the customer and will be sent in an electronic form to the customer’s email address.
• 4.7. According to the law regarding registered sales information, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is also obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

5. Withdrawal from the purchase contract

• 5.1. The customer acknowledges that in line with the provisions of Section 1837 No. 89/2012 Coll., The Civil Code, as amended (hereinafter the "Civil Code"), it is not possible to withdraw from the purchase contract in the following cases:
  • o if the products delivered to the customer have been modified according to their wishes
  • o on the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery,
  • o on the delivery of products in a closed package, which the customer has removed from the package and for hygienic reasons it is not possible to return.
  • o From the purchase contract for the supply of an audio or video recording or a computer program, if it has damaged its original packaging.
• 5.2. If the stipulations described in Article 1 or any another case where it is not possible to withdraw from the purchase contract, the customer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of their order, and in the event that the subject of the purchase contract is several types of products or the delivery of several parts, this period runs from the date of receipt of the last delivered product. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous statement.
  • To withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which is located at the end of these Terms and Conditions. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller's office or to the seller’s email address: info [alt] kofio [dot] co.
• 5.3. In the event of withdrawal from the purchase contract following on from Article 5.2 of the Terms and Conditions, the purchase contract is canceled from it’s commencement. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. If the customer withdraws from the purchase contract, the customer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to their nature by regular mail. The goods must be returned to the seller undamaged and unworn and, if possible, in their original packaging.
• 5.4. Within three (3) days from the return of the goods, according to Article 5.3 of the Terms and Conditions, the seller is entitled to review the returned goods, especially to determine whether the returned goods are not damaged, worn or partially consumed.
• 5.5. In the event of withdrawal from the contract, in agreement to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the customer within fourteen (14) days of withdrawal from the purchase contract , in the same form that the seller received from the customer. The seller is also entitled to return the funds to the customer when returning the goods or in any other way, if the buyer agrees and the customer does not incur additional costs.If the customer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that they had sent the goods to the seller.
• 5.6. The seller is entitled to unilaterally offset the right to compensation for damage and wear-and-tear of the goods against the customer’s right to a refund.
• 5.7. Until the order is taken over by the customer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the funds in full to the customer without delay to the bank account designated by the customer.
• 5.8. In the case that a gift is presented to the customer as a part of their order, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return said gift unused and undamaged. In case of damage or use of the gift, its market price will be deducted from the returned amount to the buyer.

6. Transport and delivery of goods

• 6.1. The method of delivery of the order is determined by the seller, unless otherwise stipulated in the purchase contract. If the mode of transport is agreed upon on the basis of the customer’s request, the customer bears the risk and any additional costs associated with this mode of transport.
• 6.2. In accordance with the purchase contract, the seller is obliged to deliver the goods to the place specified by the customer in the order, the customer is obliged to take over the goods upon delivery. If the customer does not take over the goods upon delivery, the seller is entitled to withdraw from the purchase contract.
• 6.3. In the event that, for reasons on the part of the customer, it is necessary to deliver the goods repeatedly or in another way than specified in the order, the customer is obliged to pay any costs associated with repeated delivery of goods, in other words, costs associated with another method of delivery.
• 6.4. Upon receipt of the goods from the courier, the customer is obliged to check the integrity of the packaging of the goods and in the case of any defects, they must immediately notify the courier service. In the case of finding a violation of the packaging indicating unauthorized opening of the order, the buyer does not have to sign for or accept the order from the courier service. By signing the delivery receipt, the customer confirms that the packaging of the consignment containing the goods has not been damaged.
• 6.5. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.

7. Defective goods

• 7.1. The rights and obligations of the contracting parties regarding the rights arising from obtaining defective goods are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
• 7.2. The seller is responsible for the reality that the sold product is in accordance with the purchase contract, especially that it is without any defects. Compliance with the purchase contract means that the sold product has the quality and useful properties required by the contract, described by the seller, manufacturer or his representative, or expected on the basis of advertising, or the quality and useful properties usual for a product of the specification and that it meets the requirements of law, is in the appropriate quantity, measure or weight and corresponds to the purpose stated by the seller or for which the thing is usually used.
• 7.3. The provisions set out in article 7.2 of the terms and conditions shall not apply to products sold at an agreed upon discounted rate due to a defect, or due to wear and tear of the goods caused by normal use, or a defect corresponding to the degree of use upon recieval by the customer.
• 7.4. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.
• 7.5. The rights arising from breach of contract are exercised by the customer at the seller's address Novákových 393/16, 180 00, Prague 8. The moment of allegation is considered to be the moment when the seller received the claimed goods from the buyer.
• 7.6. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure.

8. Other rights and obligations of the contracting parties

• 8.1. The customer acquires ownership of the goods upon paying the full purchase price for the goods
• 8.2. The customer acknowledges that the software and other components that make up the web interface of the store (including photographs of the goods offered) are protected by copyright. The customer assures not to perform any activity that could interfere with or manipulate the software or other components forming the web interface of the store.
• 8.3. The customer is not authorized to use any mechanisms, software or other procedures when using the web interface of the store, which could have a negative effect on the operation of the web interface of the store. The web interface of the store can be used only to the extent that is not to the detriment of the rights of other customers and which is in accordance with its purpose.
• 8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from breach of the purchase contract.
• 8.5. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.
• 8.6. The customer hereby acknowledges that the seller is not responsible for errors caused by third party interventions in the website or as a result of using the website contrary to its intended purpose.
• 8.7. The customer hereby accepts the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

9. Protection of personal data

• 9.1. The protection of personal data of the buyer or any other user of the website, including the conditions for sending commercial communications, is governed by the rules of handling personal data, the current full text of which is available here.

10. Communication of business messages and storing of cookies

• 10.1. This website uses cookies. The rules for their use, as well as the way to prohibit their use, are available here.

11. Communication

• 11.1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by email, in person or by registered mail through the postal service provider (at the request of the sender). It is delivered to the customer’s email address specified in his user account.

12. Concluding provisions

• 12.1. If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations. Any disputes can also be resolved out of court. In such a case, the buyer may contact the out-of-court dispute resolution entity, such as the Czech Trade Inspection Authority, or resolve the dispute online via a dedicated ODR platform, which is available at https://webgate.ec.europa.eu/odr/. Before proceeding with an out-of-court settlement of the dispute, then the seller recommends that the customer first and foremost contact Bitforce, s.r.o. to resolve the situation.
• 12.2. The seller is entitled to sell goods on the basis of a trade license and the seller's activity is not subject to any other permit. Trade licensing is performed within the scope of its competence by the relevant trade licensing office.
• 12.3. If any of the provisions specified in the terms and conditions becomes invalid or ineffective, the invalid provision will be replaced by an updated and valid provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions require a written form.
• 12.4. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
• 12.5. Seller's contact details: delivery address BITFORCE, s.r.o., Novákových 393/16, 180 00, Prague 8, email address hello@kofio.co. Further contact details are available at www.kofio.co

In Prague, 1. 7. 2019