Terms and Conditions
Correspondence Address / Address for Sending Complaints:
Operator of the Online Store: Dana Kápičková
Company ID (IČ): 09614362
Bartoňova 828, 530 12 Pardubice
Czech RepublicE-mail: dkapickova@seznam.cz
1. General Provisions
These Terms and Conditions apply to purchases made in the online store http://www.danakap.com/. These Terms and Conditions further define and specify the rights and obligations of the seller (operator, supplier) and the buyer. If the buyer is acting as a business, different conditions may apply to the relationship between the buyer and the seller, as further described in this document.
2. Definitions
Consumer Contract – means a purchase contract, contract for work, or another contract where one party is a consumer and the other party is a business.
Supplier/Seller – means a person who, when entering into and performing a contract, acts within the scope of their business or other commercial activity. The seller is a business that supplies goods or provides services to the buyer either directly or through other businesses. The customer of this online store is the buyer. In accordance with applicable legislation, a distinction is made between a buyer who is a consumer and a buyer who is a business.
Buyer – Consumer – means any individual who, outside the scope of their business activity or independent professional activity, enters into a contract with a business or otherwise deals with a business.
If the contractual party is a consumer, relationships not governed by these Terms and Conditions are governed by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.). Excerpts from these laws are provided below this section.
Buyer – Business – means a buyer who purchases products or uses services for the purposes of their business in accordance with Section 420 of the Civil Code.
The special provisions governing the sale of goods in a shop shall not apply to relationships between the seller and a buyer acting as a business, with the exception of Section 2160, which expressly applies to the relationship between the seller and a business buyer. Furthermore, provisions concerning obligations arising from consumer contracts (Part Four of the Civil Code), in particular Sections 1829 et seq., shall not apply to the relationship between the seller and a business buyer. The application of Section 1924 of the Civil Code is expressly excluded in the relationship with a business buyer; a business buyer is therefore not entitled to reimbursement of reasonably incurred costs associated with a complaint. A business buyer is also not entitled to compensation for damage caused by a defective product pursuant to Section 2943 of the Civil Code, by a non-defective product, during assembly or installation of the product, or otherwise in connection with the product. The Consumer Protection Act (Act No. 634/1992 Coll.) does not apply to the relationship between the buyer acting as a business and the seller.
Purchase Contract – All presentations of goods placed on the online store website are for informational purposes only, and the seller is not obliged to enter into a purchase contract regarding such goods. Section 1732(2) of the Civil Code shall not apply. A purchase contract is not concluded by the buyer submitting an order to the seller. The purchase contract is concluded when the seller confirms the buyer's order. From that moment, mutual rights and obligations arise between the buyer and seller, as defined by the purchase contract and these Terms and Conditions, which form an integral part of the purchase contract. The conclusion of a purchase contract without agreement on all its particulars required by the Civil Code is excluded pursuant to Section 1726 of the Civil Code. In accordance with Section 1740(3) of the Civil Code, the seller also excludes acceptance of an offer containing additions or deviations.
Information on the Conclusion of the Contract and the Terms and Conditions
By concluding the purchase contract, the buyer confirms that they have familiarized themselves with these Terms and Conditions and agree to them. These Terms and Conditions form an integral part of the concluded contract. After completion of the order, an e-mail confirmation of the order will be sent to the buyer. The current version of the Terms and Conditions and the Privacy Policy will be attached to this confirmation. The purchase contract is considered concluded at the moment the seller confirms the order.
The contract is concluded in Czech. If circumstances on the part of the seller or buyer do not prevent this, the contract may also be concluded in another language understandable to both parties. The concluded contract is archived by the seller in accordance with applicable legal regulations for the purpose of its proper performance and, where applicable, for other purposes, and is not accessible to third parties. Information about the individual technical steps leading to the conclusion of the contract is apparent from the ordering process in the online store, and the buyer has the opportunity to review and correct the order before submitting it. These Terms and Conditions are displayed on the online store website, allowing the buyer to archive and reproduce them. The costs of using means of distance communication (telephone, internet, etc.) for placing an order are at the standard rate applicable to the buyer's telecommunications tariff.
Pursuant to an amendment to Act No. 235/2004 Coll., on Value Added Tax, information contained in an already issued tax document (invoice) may not be changed from 1 January 2013. Information in a tax document (invoice) may only be changed if the customer has not yet received or paid for the goods.
3. Delivery of Goods
Ordered goods are delivered, depending on their size and weight, by parcel service or contracted carrier. Deliveries will be made, subject to product availability and the seller's operating capabilities, as soon as possible, usually within 2–10 business days. In exceptional cases, or if the goods are not in stock, the delivery period may be longer, in which case the buyer will be informed without undue delay after this fact becomes known. The place of delivery is determined on the basis of the buyer's order. Delivery shall be deemed completed upon delivery of the goods to the specified address.
The seller arranges transportation to the specified address. The shipment normally contains a tax document (invoice) and instructions for use in Czech. Upon receipt of the goods from the carrier or postal service, always carefully check that the packaging is undamaged. If the packaging is damaged, record this fact in the carrier's or postal service's delivery report. The seller is obliged to procure the ordered goods within the agreed period. If this does not happen, the buyer is entitled to withdraw from the contract.
The seller provides delivery within the Czech Republic and, where applicable, to other EU countries.
Delivery prices are stated including VAT. Delivery costs vary according to the selected delivery method.
Delivery Methods
We provide or arrange the following delivery method:
Courier delivery
If any delivery method is selected whereby the goods are delivered to an address specified by the buyer, delivery to the designated location is only possible if it is physically feasible considering the spatial conditions of the delivery location. For example, it will not be possible to deliver the goods into the buyer's apartment if the corridor in the common areas is too narrow or the stairs are too steep. In such a case, the goods will be delivered and left at the location where physical delivery is possible.
4. Payment Terms
In the case of special-order goods or goods that are not in stock, the seller will confirm the price and delivery date to the buyer in advance by telephone or e-mail. If the confirmed price is identical to or lower than the price stated in the written or e-mail order, it will not be reconfirmed and the goods will be delivered at the agreed price under the validly concluded contract. If the price is changed, the customer shall confirm that they acknowledge and agree to the change in the same manner in which they were informed of it.
Payment terms – the standard method of payment is cash payment upon delivery of the goods, with other payment methods listed below also available. If the customer chooses payment in advance, the seller will wait to dispatch the goods until the customer's payment obligation has been fulfilled. Payment means that the full amount due under the contract has been credited to the seller's account.
All prices are final and include VAT. Before placing an order, the buyer may obtain information by e-mail sent to dkapickova@seznam.cz as to how long the stated price remains valid.
All goods are supplied with a tax document. The goods remain the property of the seller until the purchase price has been paid in full. If an order or part thereof is cancelled by the supplier, the money or the relevant portion thereof will be returned immediately to the account from which the payment was made, unless otherwise agreed.
All changes and price changes on the online store are reserved. The range of goods displayed on http://www.danakap.com/ is available until stocks are exhausted or the seller is no longer able to fulfil the order. The number of promotional items is stated in the offer where applicable, or the offer may be limited to a specified period. The price is valid at the time the order is placed.
Payment Methods
Cash on delivery
Bank transfer
At the buyer's choice, the seller will deliver the goods to the place and by the method specified by the buyer in the order. The buyer is obliged to accept the goods delivered in this manner.
The seller confirms that products imported or distributed by the seller which fall within the scope of Act No. 22/1997 Coll., pursuant to Government Regulations No. 173/1997, 179/2001, 17/2003 and 616/2006, comply with these regulations. The seller declares that products imported or distributed by the seller which come into contact with food comply with Act No. 258/2000 Coll., Decrees of the Ministry of Health No. 38/2001 Coll. and 186/2003 Coll., as well as Regulation (EC) No. 1935/2004 of the European Parliament and of the Council. For goods subject to the amendment to the Waste Act No. 185/2001 Coll., the recycling fee is included in the total invoiced price. Where the recycling fee is not stated and itemized separately, it is already included in the purchase price.
Right of Withdrawal
5. Withdrawal from the Contract by a Consumer Buyer
In accordance with Section 1829 of the Civil Code, a consumer has the right to withdraw from the contract without giving a reason within 14 days of receiving the goods, or from receipt of the final delivery of goods if the purchase consists of several types of goods or several parts (it is sufficient to send the notice of withdrawal on the 14th day). If the buyer decides to withdraw within this period and complies with the conditions below, the purchase price and the cost of the cheapest delivery method offered by the seller from the seller to the buyer will be refunded. In accordance with Sections 1820(1)(g) and 1832(3), the consumer bears the costs associated with returning the goods when withdrawing from the purchase contract pursuant to Section 1829 et seq.
If you decide to withdraw within this period, please comply with the following conditions:
No later than the 14th day after receipt of the goods, a notice of withdrawal from the contract must be sent to the seller.
Return the goods at your own expense to Dana Kápičková, Bartoňova 828, 530 12 Pardubice, Czech Republic, no later than 14 days after withdrawal from the contract. Goods must be returned exclusively via a transport company.
We recommend returning the goods in their original, undamaged packaging. The goods should show no signs of use, should be undamaged and complete, including all accessories, warranty certificate, instructions, etc., and should be accompanied by a copy of the purchase document. Do not send goods cash on delivery.
The money for the goods and the cost of the cheapest delivery method offered by the online store will be refunded in the same manner in which the payment was received, or by postal order or bank transfer according to agreement, within 14 days of withdrawal from the contract. The seller is not obliged to refund the buyer before the buyer has handed over the goods or provided proof that the goods have been sent to the seller.
If the value of the goods has decreased (the goods have been partially consumed or worn as a result of handling them in a manner other than that necessary in view of their nature and characteristics; the goods are incomplete or damaged), the buyer is obliged to compensate the seller in money for the demonstrable decrease in value. The seller is entitled to set off the amount representing compensation for damage caused by use of the goods contrary to Section 1833 against the purchase price.
If the subject of the contract was the provision of services and performance has already commenced, the buyer is obliged to pay a proportionate part of the price for services already consumed if the buyer withdraws from the contract.
If additional goods are sold together with the purchased goods at a highly discounted promotional price (e.g. CZK 1), the purchase contract concerning such promotional goods is deemed to have been concluded subject to a condition subsequent. If the buyer withdraws from the purchase contract concerning the goods to which the promotional goods were supplied, the purchase contract concerning the promotional goods ceases to be effective and the buyer must also return the promotional goods to the seller. The seller will refund the purchase price of such promotional goods. If the buyer fails to return the promotional goods within the period specified by the seller, the seller is entitled to continue to claim an amount corresponding to the value of the unreturned product.
If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, including where the goods cannot normally be returned by post due to their nature.
The buyer is not entitled to withdraw from a concluded contract pursuant to Section 1837 of the Civil Code in the following cases:
provision of services where performance has been completed with the consumer's prior express consent before expiry of the withdrawal period and the business informed the consumer before conclusion of the contract that they would have no right of withdrawal in such a case;
delivery of goods or services whose price depends on fluctuations in the financial market beyond the business's control and which may occur during the withdrawal period;
delivery of alcoholic beverages which may only be delivered after thirty days and whose price depends on fluctuations in the financial market beyond the business's control;
delivery of goods that have been modified according to the consumer's wishes or for the consumer personally;
delivery of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery;
repairs or maintenance carried out at a place designated by the consumer at the consumer's request; this does not apply in the case of subsequent repairs other than those requested or delivery of spare parts other than those requested;
delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons;
delivery of audio or video recordings or computer software if the original packaging has been broken;
delivery of newspapers, periodicals or magazines;
delivery of digital content not supplied on a tangible medium if performance began with the consumer's prior express consent before expiry of the withdrawal period and the business informed the consumer before conclusion of the contract that they would have no right of withdrawal in such a case.
If the buyer paid for an order using an online payment method (bank transfer) and the order is cancelled or the purchase contract is terminated, the seller reserves the right to return the funds to the customer using the same method and to the same account from which the payment was made.
6. Withdrawal from the Contract by the Supplier/Seller
The seller is entitled to withdraw from a contract concluded with the customer in the following cases: the goods are no longer manufactured or supplied, the supplier's price of the goods has changed significantly, or it is not possible for the seller to obtain the goods from their supplier at the originally stated price. The seller may also withdraw in the event of an obvious error in the price of the goods (i.e. a price clearly different from the usual price for that type/category of goods).
An obvious pricing error includes, for example, an incorrect entry of the first three digits instead of four; a price that is one digit lower (e.g. one digit is accidentally omitted when entering the price); an obviously low price (e.g. approximately 50% lower than the usual price for that type and category of goods, without the goods being identified as a clearance item or other promotional offer); and other obvious typographical errors, obvious errors in the product description or image, or an obviously incorrect piece of information provided by a customer service operator.
If such a situation occurs, the seller will contact the buyer without undue delay to agree on further steps. If the buyer has already paid part or all of the purchase price, the amount will be transferred back to the buyer's account or address as soon as possible, and no later than 14 days after the order has been cancelled by the seller.
A consumer buyer is entitled to purchase only such quantities as correspond to normal household use. Goods purchased by a consumer are not intended for industrial or professional use and are not intended for resale. If a consumer buyer orders or purchases a quantity that does not correspond to normal household use, or if the seller determines that the goods are intended for resale, the seller is entitled to cancel the order or, if the order has already been confirmed, withdraw from the purchase contract without any further claims by the buyer.
A business buyer is entitled to purchase only such quantities as correspond to the normal operation of an ordinary business establishment. Goods purchased by a business buyer are not intended for industrial or professional use and are not intended for resale. If a business buyer orders or purchases a quantity that does not correspond to the normal operation of an ordinary business establishment, or if the seller determines that the goods are intended for resale, the seller is entitled to cancel the order or, if the order has already been confirmed, withdraw from the purchase contract without any further claims by the buyer.
The above provisions shall apply analogously to the cancellation of an order and likewise to the declaration of the amount of a discount in various promotional or marketing campaigns.
7. Rights Arising from Defective Performance and Warranty
Before using the goods for the first time, the buyer is obliged to study the instructions for use or operating instructions and any warranty conditions and subsequently follow this information carefully. Otherwise, the buyer risks damaging the goods through improper use, which may result in the inability to exercise their rights arising from liability for defects. The period for exercising rights arising from the seller's liability for defects begins upon receipt of the goods by the buyer.
In accordance with Section 2104 of the Civil Code, the buyer is obliged, where possible, to inspect the goods as soon as possible after receipt and verify their characteristics and quantity.
If the buyer uses the goods for professional or industrial purposes and a defect occurs in connection with such use, this constitutes a defect caused by the buyer, and the buyer is therefore not entitled to rights arising from defective performance.
If a business buyer fails to notify the seller of a defect without undue delay after the buyer could have discovered it through timely inspection and sufficient care after the risk of damage to the goods had passed to the buyer, the buyer loses the right to withdraw from the purchase contract.
What the warranty does not cover / exclusions from the warranty:
Normal wear and tear – deterioration and/or malfunction resulting from normal use, wear or ageing.
Intentional or negligent damage caused by the user, such as improper use, dropping, throwing or other misuse of the product.
Inappropriate or excessive use of the product, including commercial use.
Exposure of the product to liquids, moisture or chemicals.
Changes to or interference with the product, including attempts to open, disassemble, adapt, modify or repair the product independently.
Exposure of the product to extreme temperatures or conditions.
Scratches, dents or other cosmetic changes that alter the product or its appearance compared with its original condition.
8. Period for Exercising Rights Arising from Defective Performance
For consumer goods, the period for exercising rights arising from defective performance is 24 months. A longer period may be specified in a warranty certificate, on the packaging or in advertising. If a warranty longer than 24 months is provided in this manner, the seller shall determine the conditions and scope of the extended warranty in the warranty certificate or in separate Terms and Conditions. If no such conditions are specified, defects arising after the expiry of the 24-month period following receipt of the goods shall be governed by the provisions of the Civil Code concerning a warranty for quality. The seller's liability for defects does not apply to normal wear and tear of the goods (or their components) caused by use or to mechanical damage to the product.
A consumer buyer has the following rights when exercising rights arising from liability for defects:
the right to free repair of the goods;
the right to delivery of new goods or replacement of a component, provided that delivery of new goods or replacement of the component is a reasonable solution to the complaint considering the nature of the defect. Reasonableness is assessed, for example, based on whether the defect cannot be remedied by repair or whether such repair would be financially or time inefficient. The consumer also has the right to delivery of new goods or replacement of a component if the defect is repairable but the goods cannot be properly used due to repeated occurrence of the defect after repair (i.e. if the same defect with the same symptoms occurs three times in total and the defect has been repaired at least twice) or due to a larger number of defects;
the right to withdraw from the contract – this may be exercised if it is not possible to repair the goods and it is also not possible to deliver new goods or replace a component, provided that the conditions for exercising this right are met. This right may also be exercised if the goods have multiple defects or cannot be properly used due to repeated occurrence of a defect after repair;
if the buyer does not withdraw from the contract or exercise the right to delivery of new defect-free goods, replacement of a component or repair, the buyer may request a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot deliver new defect-free goods, replace a component or repair the goods, or if the seller fails to remedy the defect within a reasonable period or if the remedy would cause the consumer significant inconvenience.
The warranty period and rights arising from it for all buyers who are not consumers shall apply to the extent determined by the relevant importer or manufacturer. If no such warranty is specified by the importer or manufacturer, the rights arising from the warranty for quality pursuant to Sections 2113 et seq. of the Civil Code shall apply. If a defect occurs in goods sold to a business buyer, it is presumed that the purchase contract has been breached in a non-material manner, and rights arising from defective performance shall be exercised pursuant to Section 2107 of the Civil Code.
9. Complaints (Rights Arising from Defective Performance)
If a complaint is submitted by a consumer buyer, the seller shall decide on the complaint immediately, or, in complex cases, within 3 business days. This period does not include the time reasonably required, depending on the type of product or service, for professional assessment of the defect. The complaint shall be resolved without undue delay and no later than 30 calendar days from the date on which the complaint was submitted, unless the seller and buyer agree otherwise in writing. After this period has expired, the consumer has the same rights as in the case of a material breach of contract. The seller shall provide the consumer with written confirmation, sent to the consumer's e-mail, stating when the complaint was submitted, what it concerned and what method of resolution the consumer requested. The seller shall also provide confirmation of the date and method of resolution of the complaint, including confirmation of the repair performed and the duration of the repair, and send it to the consumer by e-mail. In the event of a rejected complaint, the seller shall provide the consumer with written reasons for the rejection. Rights arising from liability for defects shall be exercised against the seller from whom the goods were purchased. However, if the warranty certificate identifies another business designated to carry out warranty repairs that is located at the seller's location or closer to the buyer, the buyer may exercise the right to repair with the business designated to carry out the warranty repair.
If rights arising from defective performance are exercised by a business buyer, the seller is not obliged to resolve the complaint within 30 days. The complaint shall be resolved within the period specified by the relevant service centre for the particular brand.
If you have any questions regarding the status of your complaint, please contact: dkapickova@seznam.cz
A consumer buyer is entitled to reimbursement of necessary costs incurred in connection with exercising rights arising from liability for defects. In the event of withdrawal from the contract due to a defect in the goods, the consumer is also entitled to reimbursement of expenses necessarily incurred in connection with such withdrawal.
If the buyer fails to collect the goods even after 8 months have elapsed from the date on which the complaint was resolved, the seller is entitled to sell the product to a third party in an appropriate manner and at a reasonable price pursuant to Section 2428 of the Civil Code, on behalf of the buyer. The proceeds shall be handed over to the buyer without undue delay; however, the seller may deduct storage fees and reasonably incurred costs associated with the sale. If the goods cannot be sold, the seller is entitled to dispose of them. In such a case, the buyer is not entitled to any compensation for the disposed goods.
10. Alternative Dispute Resolution for Consumer Disputes
Pursuant to Section 1820(1)(j) of the Civil Code and Sections 14(1) and 20d et seq. of the Consumer Protection Act (Act No. 634/1992 Coll.), the seller informs the consumer that they may submit a proposal for alternative dispute resolution of a consumer dispute to the body responsible for alternative dispute resolution, namely the Czech Trade Inspection Authority (Česká obchodní inspekce), via its website www.coi.cz. The Czech Trade Inspection Authority handles proposals for alternative dispute resolution in accordance with the applicable legislation and under the conditions stipulated by law. For the avoidance of doubt, nothing in these Terms and Conditions excludes the consumer's right to bring a claim before a civil court.
In Pardubice, 16 March 2025.
