Terms and Conditions

Términos y condiciones de

Baby club Kenny, s.r.o. (a limited liability company)
Sosnová 411
739 61 Třinec
Republika Czeska
IČO (Tax Identification Number): 268 37 277
VAT: CZ26837277

Tel: +420 736520589
e-mail: info@kennyshop.cz

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions of Baby Club Kenny, s.r.o., Třinec, Sosnová 44, Postcode 739 61, Tax Identification Number (hereinafter referred to as “IČO”): 268 37 277, registered in the Commercial Register at the Municipal Court in Ostrava, section C, entry 40174 (hereinafter referred to as “Seller”), establish, in accordance with Section 1751 paragraph 1 of Act no. 89/2012, Sb., the mutual rights and obligations of the parties based on a Purchase Agreement entered into by the Seller and the second party (hereinafter referred to as “Buyer”), be it online or in the shop of the Seller.

1.2. Terms and Conditions do not apply to situation where a person, who intends to buy goods from the Seller, is a legal entity or a person, who orders goods for the purpose of his or her business.

1.3. Provisions not mentioned in Terms and Conditions may be agreed upon in individual Purchase Contracts. Such provisions prevail over the provisions stated in Terms and Conditions.

1.4. Terms and Conditions are part of any Purchase Agreement. Purchase Agreement and Terms and Conditions are in Czech language. Purchase Agreement may be concluded in Czech.

1.5. The Seller reserves the right to alter and modify Terms and Conditions. Such adjustment or modification does not affect any rights and obligations concluded before such adjustment of Terms and Conditions.

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2. USER ACCOUNT

2.1. Users can access their User Accounts (hereinafter referred to as “Account”) upon completing their registration. User Accounts can be used to purchase video seminars and other goods. If the website allows the purchase of goods without registration, the Buyer may make such purchases directly, registering.

2.2. Users are obligated to provide correct and valid personal data when registering and making purchases. Users are liable for keeping their personal data up-to-date. The Seller considers the data entered by Users into their Accounts and during any purchase to be correct and up-to-date.

2.3. User Account is protected by a user name, a password and a unique certificate. The Buyer is obligated to maintain confidentiality regarding the information necessary to access his or her Account.

2.4. The Buyer shall not allow the use of his or her Account by a third party.

2.5. The video from the activation date is valid for 1 year. Before the end of the video course, you will be sent an email about the prolongation of the video course in the amount of CZK 10 Euro.

2.6. The Buyer acknowledges that his or her Account may not be accessible continually, mainly with regards to hardware or software maintenance of the Seller's equipment.

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3. ENTERING INTO A PURCHASE CONTRACT

3.1. All product promotion on the website of the Seller is of informative nature and the Seller is not obligated to enter into a Purchase Agreement concerning the products offered. Regulation Section 1732 paragraph 2 of the Civil Code does not apply here.

3.2. The website contains information on displayed products, including their individual prices. The prices include VAT and all the other related charges. The prices are valid for the time period when they are displayed on the website. This provision does not affect Seller’s right to enter into a Purchase Agreement with different Terms and Conditions that both parties will agree upon.

3.3. To order any video seminars, the Buyer fills in the order form available on the website. The Order Form contains information on:

3.3.1. Ordered video seminars and products (ordered products are “placed” into an electronic shopping cart).

3.3.2. Payment method, delivery information and postage pricing (hereinafter collectively referred to as “order”).

3.4. Before the order is submitted, the Buyer has the possibility to check and change the data entered in the order. Buyer thus has the possibility to find and correct any mistakes in the order. The order is submitted to the Seller when the Buyer clicks the “Submit my order” button. The Seller regards the data in the order as correct. The Seller confirms that the order was received via confirmation e-mail sent to the e-mail of the User specified in the User Account or during the ordering process.

3.5. The Seller has the right to ask for an additional confirmation of the order (for example in writing or by telephone), mainly in case of a larger amount of ordered products.

3.6. The contractual relation between the Seller and the Buyer is concluded upon delivery of the confirmation e-mail for the order to the e-mail address of the Buyer.

3.7. The Buyer agrees to use means of distance communication during the conclusion of the Purchase Contract. The costs incurred by the Buyer using the means of distance communication in connection with the conclusion of the Purchase Agreement (the cost of internet access, telephone costs etc.) are paid by the Buyer alone.

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4. PRICE OF GOODS AND PAYMENT CONDITIONS

4.1. The payment methods for the products and for delivery are as follows:

Bank transfer - account number: 2101162761 / 2010 
IBAN: CZ17 2010 0000 0021 0116 2761
BIC: FIOBCZPP 
Variable symbol: Invoice number, the invoice will be delivered with purchased goods.

4.2. The Seller does not require any advance payment from the Buyer. This does not affect article 4.6 of the Terms and Conditions regarding the obligation to pay for the goods in advance.

4.3. When using the Bank Transfer payment method, the payment must be completed within four days after entering into the Purchase Agreement.

4.4. In case of the Bank Transfer payment method the Buyer is obligated to make sure that the payment includes correct variable symbol. Buyer's obligation to pay the price of ordered goods is fulfilled when the payment is credited to the bank account of the Seller.

4.5. The Seller has the right, mainly in case the Buyer does not respond with an additional order confirmation (see article 3.6), to ask for a full payment in advance. Regulation Section 2119 paragraph 1 of the Civil Code does not apply.

4.6. Any discounts cannot be combined.

4.7. If appropriate or if determined by generally binding legal rules, the Seller will issue an invoice for the payment. The Seller is registered for the payment of value added tax. The invoice is going to be issued after the Buyer pays for the goods they ordered. The invoice is sent electronically to the Buyer's e-mail address.

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5. WITHDRAWAL FROM THE PURCHASE CONTRACT AND PURCHASE CANCELLATION

5.1. If it doesn’t concern the situation as stated in article 5.1., or in a situation when it is not possible to withdraw from the Purchase Agreement, the Buyer has the right (according to regulation Section 1829 paragraph 1 of the Civil Code) to withdraw from the Purchase Agreement within one day after the order confirmation had been sent to Buyer’s e-mail. The withdrawal from the Purchase Agreement must be sent to the Seller in the time frame specified above. The withdrawal from the Purchase Agreement is to be sent to Seller's e-mail address: info@kennyshop.cz, or it can be done by calling the Seller on +420 736520589.

5.2. In the case of a withdrawal from the Purchase Agreement according to article 5.2. of the Terms and Conditions, the Purchase Agreement is considered void.

5.3. In the case of withdrawal from the Purchase Agreement according to article 5.2. of the Terms and Conditions, the Seller returns the money received from the Buyer within fourteen days after the withdrawal from the Purchase Agreement. The money will be returned by the same method through which it was obtained.

5.4. The Seller has the right to withdraw from the Purchase Agreement anytime, until the goods are collected by the Buyer. In such case, the Seller shall return the money without any delay by means of a bank transfer.

5.5. If the Buyer receives a gift with their purchase, the Contract of Donation concluded between the Seller and the Buyer has the following conditions: If the Buyer withdraws from the Purchase Agreement, the Contract of Donation is considered void and the Buyer must return any gifts received based on conclusion of the aforementioned Purchase Agreement (as well as purchased goods).

5.5.1. The Buyer may cancel any order by calling the Seller on: +420 736 520 589 or by sending an e-mail to: info@kennyshop.cz. This can be done until the Seller fulfils any obligations arising from the Terms and Conditions. In case of a written cancellation, the order number must be included. Order number can be found in the e-mail response which the Buyer receives upon submitting any order.

5.6. Further, the possibility to withdraw from the Purchase Agreement does not apply to: Provision of services, if provision of such services started with the approval from the Buyer fourteen days or more prior to accepting such provision of services; and to such services where price depends on fluctuations of the financial market which the supplier cannot influence and which affect the delivery of audio and video recordings and computer programmes.

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6. DELIVERY OF GOODS AND DELIVERY TIMES

6.1. The goods will be delivered automatically to the User Account after the payment is made by one of these payment methods:

a) Bank transfer: Within one hour after the cash is credited to the Seller's bank account.
b) Payment by credit card: Immediately after the payment is authorized.

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7. RIGHTS ARISING FROM DEFECTIVE GOODS OR PERFORMANCE

7.1. The rights and obligations of parties resulting from defective goods of performance are governed by relevant legally binding legislation (mainly by provisions Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code).

7.2. The Seller is liable for the goods to have no defects upon delivery. The Seller is liable mainly for the goods to:

7.2.1. Have all the properties that the parties agreed upon. If there has been no special mutual agreement, then the goods have all the properties described by the Seller on their website or by the manufacturer, or such properties that the Buyer expects with regards to the nature of such goods and to their marketing.

7.2.2. Be suitable for the use stated or for such use that can be generally expected from such goods.

7.2.3. Have the quality correspondent to a previewed sample, if the parties agreed on it.

7.2.4. Be of such quantity that was agreed upon between the Seller and the Buyer.

7.2.5. Comply with legal requirements.

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8. RECLAMATION RULES

8.1. The customer is obliged to report the complaint via the contact form, which will be emailed from info@kenny.cz

8.2. Because it is a virtual product, then it is enough to give only the exact name of the product you are dealing with, the name, surname and e-mail address to whom the product was purchased in the notification e-mail.

8.3. The complaint can not be claimed if you are interested in running the product at a different email address than the product you purchased or after the expiration date listed in the My Videos section.

8.4. About the progress and outcome of the complaint, the customer will be informed by e-mail to the given address.

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9. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

9.1. The Buyer acquires ownership of the goods for a period of one year after payment of the purchase price.

9.2. The Seller is not bound to the Buyer by any codes of conduct within the meaning of Section 1826 paragraph 1 subparagraph e) of the Civil Code.

9.3. Customer complaints are going to be handled by the Seller upon receiving the given complaint via e-mail. Complaints must be sent to: info@kenny.cz or info@kennyshop.cz. Information about the state of the complaint will be sent by the Seller to the Buyer's e-mail address.

9.4. The Seller disposes of a trade licence. Trade inspections are carried out by the Trade Licensing Office. Supervision of data protection is carried out by the Office for Personal Data Protection. Czech Trade Inspection performs inspections within a defined scope; inter alia, the Inspection supervises compliance with the Act No. 634/1992 Sb., on Consumer Protection, as amended.

9.5. The Buyer accepts the risk of a change in circumstances according to Section 1765 paragraph 2 of the Civil Code.

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10. DATA PROTECTION

10.1. Data protection of the Buyer, who is a natural person, is provided by Act No. 101/2000 Sb., on Protection of Personal Data, as amended. Regulation (EU) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

10.2. The Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as “personal data”).

10.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of implementation of rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. If the Buyer does not choose to opt out, the Buyer also agrees to the processing of personal data by the Seller for the purpose of sending commercial messages and information to the Buyer. Consent to the processing of personal data in its entirety under this Article is not required for the conclusion of a Purchase Contract.

10.4. The Buyer acknowledges the obligation to state all their personal data (during registration, in Buyer's User Account, when ordering from the website) correctly and truthfully and the Buyer must inform the Seller about any change in their personal data without any undue delay.

10.5. The Seller may appoint a third party to process the personal data of the Buyer. The Buyer's personal data will not be provided to a third party without prior consent from the Buyer, with the exclusion of postal services.

10.6. Personal data may be kept for an indefinite period. Personal data will be processed electronically in a mechanical manner or in a printed form in a non-mechanical manner.

10.7. The Buyer acknowledges that the personal data is accurate and that any personal data were provided voluntarily.

10.8. In the event that the Buyer supposes that the Seller or a third party (Art. 9.5) is processing the data without complying with the protection of private and personal life of the Buyer or without complying with the law, especially if the personal data are inaccurate with regards to the purpose of their processing, the Buyer may:

10.8.1. Ask the Seller or a third party for explanation.

10.8.2. Request correction of the personal data.

10.9. If the Buyer asks for information about the processing of their personal data, the Seller is obligated to deliver this information. The Seller has the right to request a reasonable compensation for delivering the requested information. The compensation cannot exceed the cost of providing the necessary information.

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11. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

11.1. The Buyer agrees to receive information messages concerning goods and services and other commercial messages to their e-mail address.

11.2. The Buyer agrees to the storing of cookies on his or her computer. If the purchase and any obligations of the Seller connected with Buyer's purchase can be fulfilled without the need to store cookies on the Buyer's computer, the Buyer may retract the previous sentence at any time.

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12. DELIVERY

12.1 The Buyer is going to receive messages to their e-mail that is stated in his or her User Account or in an individual order.

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13. FINAL PROVISIONS

13.1. If the Purchase Agreement includes an international (foreign) element, the parties agree that their relationship is governed by the Czech law. This does not affect rights of the consumers resulting from generally binding legal regulations.

13.2. If any provision of the Terms and Conditions is or will become invalid or unenforceable, such invalid provision is replaced by a provision that bears a similar meaning. The invalidity or unenforceability of one provision does not affect the validity of other provisions. Any changes or annexes of the Purchase agreement must be executed in writing.

13.3. The Purchase Agreement is archived in an electronic form by the Seller and is not accessible.

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