Terms of service

Article 1

Subject of the business terms and conditions and definitions

  1. These Business Terms and Conditions (hereinafter referred to also as the “Business Terms and Conditions”) were issued in accordance with Section 1751 et seq. of Act No. 89/2012 Sb., the Civil Code, as amended (hereinafter referred to also as the “New Civil Code”), by KALAS Sportswear, s.r.o., Id. No.: 625 25 093, with its headquarters at Měšická 276, 390 02 Tábor (hereinafter referred to also as “KALAS”), which is the manufacturer of sports apparel and operator of an e-shop located at www.kalaswear.com.au (hereinafter referred to also as the “E-shop” or “Online Store”), and regulate mutual contractual relations in the sale of goods through the Online Store and in custom manufacturing, based on an order, arising on the basis of a purchase contract (hereinafter referred to also as the “Purchase Contract” or “Contract”) concluded between KALAS as the seller and the customer as the buyer (hereinafter referred to also as the “Customer”).
  2. Upon conclusion of the Purchase Contract, these Business Terms and Conditions shall become an integral part thereof.
  3. The Purchase Contract is realised either through the Customer’s electronic order through the E-shop in which the KALAS Business Terms and Conditions are accepted or through the Customer’s order for so-called custom-made products which are made by KALAS at the Customer’s request according to the KALAS quotation or according to special arrangements between KALAS and the Customer (hereinafter referred to also as “Custom Manufacturing”).
  4. These Business Terms and Conditions are available on the Online Store’s website; it is thus possible to archive them and reproduce them for the Customers and they are also attached to the order confirmation by KALAS in case of orders made through the Online Store or to the KALAS quotation in case of Custom Manufacturing.
  5. Any deviating covenants included in the Purchase Contract shall have priority over these Business Terms and Conditions.
  6. These Business Terms and Conditions are an integral part of the Purchase Contract and the Parties are obliged to adhere to them as they accepted them without reservations.
  7. Unless provided otherwise in the individual provisions of these Business Terms and Conditions, these Business Terms and Conditions apply, in conformity with Art. 1 (1), both to Contracts concluded through the E-shop and to Contracts for Custom Manufacturing.

Article 2

Conclusion of the contract

  1. In the case of an order on the KALAS E-shop operating at www.kalaswear.com.au, the Contract is concluded:
    at the time of submitting the order by the Customer after completing the order form. Information on individual technical steps in completing the order is indicated during the ordering process in the Online Store and the Customer has the option to check and/or correct the order prior to submitting it. The order is sent by clicking the “SUBMIT ORDER” button. KALAS will send a confirmation of acceptance of the submitted order to the Customer via e-mail to the e-mail address specified by the Customer in the order form in the Online Store. KALAS considers the details specified in the order to be correct and their correctness will in no way be verified with third parties.
  2. In the case of Custom Manufacturing, the Contract is concluded:
    upon confirmation of the order by KALAS to the Customer without any reservations. Any manifestation made by KALAS containing supplements, comments, restrictions or other changes in the Customer’s order shall be considered to be a new offer for the conclusion of the Contract. The Customer is then obliged to either accept such an offer or make a counteroffer without delay, however, no later than within 5 (five) business days. In such a case, the Purchase Contract is concluded only if the Parties agree on its entire contents.
  3. Immediately after receiving the order, KALAS shall confirm receipt of the order to the Customer via electronic mail to the Customer’s e-mail address specified in the order. If KALAS does not confirm receipt of the order to the Customer or if KALAS does not contact the Customer regarding possible deviations from the order within 5 (five) business days of the date of receving the order, the Contract is not concluded.
  4. In relation to the type of order (quantity of goods, purchase price amount, transport costs), KALAS may, at its sole discretion, verify the order with the Customer using the e-mail address or telephone number specified in the order and, in such a case, the Customer is obliged to confirm the order. Otherwise, the order shall be deemed not to have been made and shall be disregarded.
  5. The Customer agrees with the use of distance communication means for the conclusion of the Purchase Contract. KALAS shall in no way be liable for any errors in the transfer of data or any Customer costs associated with the use of distance communication means. The costs related to the use of distance communication means (telephone, internet, etc.) for making the order shall be in the usual amount depending on the tariff of telecommunication services used by the Customer.
  6. The Customer acknowledges that any and all offers for the sale of goods placed on the E-shop are non-binding and KALAS shall not be obliged to conclude the Purchase Contract regarding such goods, even if the Customer has already submitted the order. The Parties exclude the application of Section 1732(2) of the New Civil Code.

Article 3

Price of goods and payment terms

In the case of an order placed through the KALAS E-shop, the price of goods can be paid as follows:
a) either by an online payment card through an online payment gateway when making the order,

b) or in cash, on a COD basis, at the place designated by the Customer in the order, if the goods are delivered by Česká pošta, s.p.;
c) or in cash or by payment card, on a COD basis, at the place designated by the Customer in the order, if the goods are delivered by PPL CZ s.r.o.;
d) or in cash or by payment card at KALAS headquarters located at Měšická 276, 39002 Tábor, in the case of personal collection of the ordered goods.

  1. The Customer acknowledges that all prices of the individual products in the E-shop are specified inclusive of the applicable value added tax. The E-shop also contains information on the costs associated with the delivery of the goods. The information on the costs associated with the delivery of the goods specified in the E-shop is only valid if the goods are delivered within the territory of the Czech Republic.
  2. Any and all changes to the goods and changes to prices in the Online Store are reserved.
  3. If payment of the purchase price of the goods and of the costs associated with the delivery of the goods is agreed prior to the delivery of the goods, the Customer shall receive confirmation on the payment of the purchase price electronically to the e-mail address specified in the order or in the user account. 
  4. Together with the price of the goods, the Customer shall also be obliged to pay KALAS the costs associated with the delivery of the goods in an agreed amount. Unless expressly stipulated otherwise, the purchase price means also the costs associated with the delivery of the goods.
  5. Regarding payments made on the basis of a purchase contract, KALAS shall issue a tax receipt – invoice. The invoice shall contain, in particular, the designation of the seller and the Customer, the specification of the type and number of items of goods, the issue date of the invoice, the purchase price amount, VAT, the date of payment of the purchase price, the account number of the seller and variable symbol, the amount charged for shipping, if agreed, and other costs.
  6. Unless the Purchase Contract or these Business Terms and Conditions stipulate otherwise, the purchase price and the agreed related costs with respect to goods payable on delivery shall be payable upon acceptance of the goods by the Customer and, with respect to goods delivered to the collection point, upon acceptance of the goods, unless payment in advance has been agreed. Cashless payments shall be made within 3 (three) days of the date of submission of the order under these Business Terms and Conditions. In case of payment by wire transfer, the purchase price shall be deemed paid upon crediting the KALAS bank account with the relevant amount.
  7. Unless otherwise agreed, the ownership title to the Goods shall pass to the Customer only upon full payment of the purchase price, including related costs.

Article 4

Delivery terms

  1. The goods shall be delivered to the Customer depending on the method selected by the Customer when submitting the order in the Online Store or, in case of Custom Manufacturing, based on an agreement between KALAS and the Customer when concluding the Purchase Contract.
  2. If personal collection of the goods at the collection point has been selected, the Customer must in each case wait for a confirmation e-mail confirming that the ordered goods are ready for collection. The ordered goods shall be ready for collection at such a collection point for a period of 10 (ten) business days after the date of sending the confirmation e-mail confirming that the goods may be collected. If the goods are not collected by the Customer within this period of time, the order shall be deemed not to have been made and shall be disregarded. KALAS shall be obliged to return the purchase price to the Customer, within 14 (fourteen) business days, to the bank account from which the purchase price was paid. 
  3. In case of personal collection of the goods at KALAS headquarters, the risk of damage to the goods shall pass upon delivery of the goods to the Customer. In case of delivery of the goods to the Customer through Česká pošta, s.p. or through PPL CZ s.r.o., the risk of damage to the goods shall pass upon delivery of the goods to Česká pošta, s.p., PPL CZ s.r.o. or any other shipping company used for delivery.

Article 5

Liability for defects in performance

Warranty terms

  1. The rights and obligations of the Parties regarding KALAS’ liability for defects, including KALAS’ liability following from warranty, shall be governed by the New Civil Code.
  2. KALAS shall be liable to the Customer for ensuring that at the time of acceptance of the goods by the Customer:
    a) the goods have the properties that the Parties agreed and, in the absence of such an agreement, the properties that KALAS described,
    b) the goods are fit for the purpose which KALAS has specified for their use or for which such type of goods is usually used.
  3. The Customer shall not be entitled to the rights following from defects in performance if the Customer knew that the goods had a defect prior to accepting the goods and/or if the Customer caused the defect itself. KALAS shall not be liable for defects that arose as a result of regular wear and tear or as a result of non-compliance with the instructions for use of the goods. 
  4. The Customer shall be entitled to exercise the right following from defect which occurs in the goods within 24 (twenty-four) months of accepting the goods. If the goods were shipped according to the Purchase Contract, the warranty period shall commence upon delivery of the goods to the place specified in the order; otherwise, upon acceptance of the goods by the Customer in case of personal collection.
  5. If the Customer exercises the right following from defects in performance, KALAS shall confirm to the Customer when s/he exercised the right, as well as the execution and duration of the repair of the goods. 
  6. If the Customer exercises the right following from defects in performance and if it constitutes material breach of the purchase contract, the Customer shall be entitled to:
    a) remedying the defect by delivering new goods free of defects or by delivering missing goods, or
    b) remedying the defect by repairing the goods, or
    c) an appropriate discount on the purchase price, or
    d) withdrawal from the Purchase Contract.
  7. The Customer shall inform KALAS which right s/he chose during or without undue delay after notification of the defect. The choice made may not be changed by the Customer without the consent of KALAS; this shall not apply if the Customer demanded repair of a defect which proves to be irreparable. If KALAS does not remedy the defects within a reasonable period of time or if KALAS informs the Customer that it will not remedy the defects, the Customer may, instead of remedying the defect, demand a reasonable discount on the purchase price or withdraw from the Contract.
  8. If the Customer exercises the right following from defects in performance in due time and if it constitutes immaterial breach of the Purchase Contract, the Customer shall be entitled to remedying the defect or to reasonable discount on the purchase price.
  9. If KALAS does not remedy the defect of the goods in due time or if it refuses to remedy the defect of the goods, the Customer may demand a discount on the purchase price and/or may withdraw from the Purchase Contract. The choice made may not be changed by the Customer without the consent of KALAS.
  10. If the Customer ascertains defects of the goods, s/he must claim the defects with KALAS electronically to the e-mail info@kalas.cz or in writing by a letter sent to KALAS headquarters, without undue delay after ascertaining the defects. The Customer shall send the claimed goods through a postal delivery service in a parcel to the address of KALAS headquarters.

Article 6

Withdrawal by a consumer from the Purchase Contract concluded through the E-shop

  1. The Customer who is a consumer may withdraw from the Contract concluded through the E-shop in writing, even without giving a reason and without any sanction, within 14 (fourteen) days of the date of delivery of the goods, where the Customer is obliged to send the notice of withdrawal from the Contract to KALAS in writing by a letter to the address of KALAS headquarters or to the e-mail address eshop@kalas.cz.
  2. In the case of withdrawal from the Contract, the Customer shall be obliged to send the goods received from KALAS to the address of KALAS headquarters without undue delay, but no later than within 14 (fourteen) days of the date of withdrawal. The Customer shall be deemed to have returned the goods in due time if s/he sends the goods within the above deadline or delivers the goods to the personal collection point. The costs associated with returning the goods shall be borne by the Customer.
  3. The goods returned to KALAS after withdrawing from the Contract must be returned by the Customer unused, undamaged in the original intact packaging and complete as delivered by KALAS. Together with the goods, the Customer shall send a copy of the purchase document. KALAS shall not accept goods returned on a COD basis.
  4. In the case of withdrawal from the Purchase Contract, KALAS shall return to the Customer, without undue delay, but no later than within 14 (fourteen) days of the date when the notice of withdrawal from the Contract was delivered to KALAS, the paid purchase price, including the shipping costs, which KALAS received from the Customer on the basis of the Purchase Contract, in the same manner in which it received the funds.
  5. The Customer shall be liable to KALAS for any reduction in the value of the goods resulting from handling the goods in a manner other than that which is appropriate with regard to the nature and properties of the goods. Therefore, if the returned goods are damaged, worn or partially consumed, KALAS shall be entitled to claim indemnification from the Customer. KALAS shall be entitled to set off the claim for compensation of damage incurred unilaterally against the Customer’s claim for repayment of the purchase price.
  6. The Customer acknowledges that it is not possible to withdraw from the Purchase Contract in particular if it is a contract for the delivery of custom-made goods according to the Customer’s request or for his/her person, as well as goods which were delivered in sealed packaging which the Customer removed and cannot be put back for hygienic purposes.

Article 7

Special provisions regarding custom manufacturing

  1. In case of Custom Manufacturing, the price of goods can be paid as follows:
    a) in cash or by payment card in case of personal collection of the ordered goods at KALAS headquarters located at Měšická 276, 39002 Tábor, or
    b) by wire transfer on the basis of an invoice issued by KALAS to the Customer containing the requisites of a tax receipt.
  2. In case of Custom Manufacturing, KALAS shall be entitled to demand an advance payment of up to 100% (one hundred per cent) of the purchase price. For these purposes, an advance invoice, payable within 7 (seven) days of its issue, shall be issued immediately after receipt of the order. The commencement of Custom Manufacturing is conditional upon payment of the advance. If the advance is not paid to KALAS in the stipulated amount and in time, KALAS shall be entitled to withdraw from the Contract, where it may send the notice of withdrawal electronically to the Customer’s e-mail address. If the notice of withdrawal is sent electronically to the Customer’s e-mail address, the notice of withdrawal shall be deemed to have been delivered on the 3rd(third) business day following the date of sending the notice to the Customer.
  3. After payment of the advance under the previous paragraph, the Customer shall be obliged to pay the balance of the price of the goods, in case of Custom Manufacturing, no later than upon acceptance of the goods. KALAS shall not release the goods to the Customer unless the purchase price has been paid in full. If the Customer fails to pay the balance of the Purchase Price within 5 (five) days of being requested to do so by KALAS, KALAS shall be entitled to withdraw from the Contract as described in the previous paragraph and shall be entitled to retain the paid advance as contractual penalty. The retention of the paid advance shall in no way prejudice KALAS’ right to claim from the Customer compensation for damage incurred as a result of the Customer’s default.
  4. The Customer acknowledges that it is not possible to withdraw from the Contract for the delivery of goods which were manufactured or adapted according to the Customer’s request.
  5. The Customer acknowledges that the colour card specified in the offer, on the KALAS website or in the Online Store may not fully match the actual colour due to screen resolution or depending on the choice of material for the manufacture of the goods. Provided that KALAS proceeds in accordance with the Contract and uses the agreed material and the agreed colour in the manufacture of the ordered goods, the Customer shall not be entitled to claim defect of the goods consisting in that the colour of the goods does not exactly match the Customer’s subjective requirements.
  6. If KALAS uses the agreed material for the manufacture of the goods and if KALAS delivers the goods in the agreed colour(s), the goods shall be deemed to have the agreed properties at the time of delivery to the Customer.
  7. The Customer acknowledges that the size card provided by KALAS is only indicative and that the sizes may slightly differ depending on the material and pattern selected. If KALAS provides a service to the Customer consisting in sending the size card for the goods, the Customer acknowledges that it constitutes only a sample set of sizes and that the sizes of each different type of goods may differ depending on the material used and depending on different patterns of the goods. The Customer shall not be entitled to exercise his/her rights following from defects of the goods if the size of the goods differs from the sample size that the Customer received for testing prior to ordering the custom-made goods.

Article 8

Personal data protection

  1. The Customer agrees that ordering and accepting goods, as well as registering for the Online Store (user account), may require filling in details that may take the character of personal data. The Customer agrees that KALAS may collect, process and store the Customer’s personal data provided during activities specified above for an indefinite period of time as the registered personal data controller in accordance with Act No. 101/2000 Coll.[KN1] , on personal data protection, as amended. KALAS shall be entitled to do so for as long as and to the extent necessary to perform any and all acts associated with the conclusion of the Purchase Contract, in particular with a view to executing the Customer’s order, as well as to perform all acts associated with and related to the contractual relationship.
  2. The Customer is aware that s/he grants his/her consent to the processing of personal data voluntarily and may revoke it at any time by a written notice delivered to KALAS. For as long as the consent is granted, the Customer continues to have the right to access his/her personal data. The Customer shall also have the right to demand explanation, correction, removal of a defective state of affairs, deletion or blocking of personal data, as well as the right to address the Office for Personal Data Protection with his/her request. This shall in no way prejudice KALAS’ right to indemnification, in particular if KALAS could not perform its obligations following from an agreed legal relationship with a third party as a result of revoking of the consent and/or as a result of correction, deletion or blocking of personal data. The Customer may demand information as to what personal data KALAS has been processing about him/her, within the scope stipulated in Act No. 101/2000 Coll[KN2] ., on personal data protection, as amended. KALAS shall provide the Customer with information on such data at any time based on a written request, for reasonable consideration not exceeding the costs necessary for the provision of the information. The Customer agrees to notify KALAS, without undue delay, of any change in the provided personal data.
  3. The Customer acknowledges that the provided personal data are accurate and true and are provided voluntarily. KALAS does not collect or process the Customer’s personal data nor distribute them to third parties (except for persons providing for accounting processing of payments, persons representing KALAS in connection with the sale of goods) for any purpose other than as specified in these Business Terms and Conditions without the Customer’s consent. This obligation shall not apply to data that may be required by public authorities according to the applicable legal regulations.
  4. KALAS may authorise a third party to process the Customer’s personal data as the processor within the scope necessary to fulfil the purpose of personal data processing.
  5. The personal data are stored in a secured database. The personal data shall be processed in an electronic form in an automated manner or in printed form in a non-automated manner. KALAS guarantees the security of the provided data.
  6. The Customer agrees with storing so-called cookies on the Customer’s computer. Cookies are small files that enable the provider and the clients placing their advertisements on the displayed website to distinguish the user’s computer in the framework of the user’s communication with the client’s website and/or to use some of the website’s functions. If it is possible to make a purchase on the website and to perform KALAS’ obligations following from the purchase contract without storing so-called cookies on the Customer’s computer, the Customer may revoke the consent according to the previous sentence at any time.
  7. The concluded Purchase Contract is archived by KALAS only for the purpose of successful performance thereof, in accordance with Act No. 101/2000 Coll[KN3] ., on personal data protection, as amended, and is not accessible to third parties. The Purchase Contract has been concluded and archived in electronic form. By submitting the order to KALAS, the Customer confirms that s/he has become acquainted with these Business Terms and Conditions, agrees with them in the wording applicable at the time of sending the order to KALAS, accepts them and will adhere to them. These Business Terms and Conditions shall apply to the Customer and KALAS in the wording applicable at the time of implementation (sending) of the order by the Customer, unless agreed otherwise.

Article 9

Other Provisions

  1. KALAS shall be entitled to unilaterally set off its receivables from the Customer by a written notice of set-off thereof. The Customer shall not be entitled to unilaterally set off his/her receivables from KALAS.
  2. The Customer shall be entitled to assign his/her receivables from KALAS or the concluded Contract to a third party or pledge his/her receivables from KALAS only with the prior written consent of KALAS.
  3. KALAS shall be entitled to retain the paid purchase price of the Customer, if KALAS records a receivable from the Customer, until KALAS’ receivable from the Customer is eligible for setting-off. KALAS shall be obliged to inform the Customer on retention of the paid purchase price by e-mail to the Customer’s e-mail address specified in the order.

Article 10

Final Provisions

  1. The concluded Contract may be amended or supplemented only in writing where written form, in this case, also includes communication via e-mail or fax, unless the Parties agree otherwise in the Purchase Contract. Each such amendment or supplement to the Contract must be confirmed by the other Party. If the Parties agree on a supplement or amendment to the Contract by telephone, they shall be obliged to confirm such an agreement in writing within 3 (three) business days.
  2. The legal relationships and any disputes arising out of the Purchase Contract concluded between KALAS and the Customer shall be governed by the Czech laws, particularly by Act No. 89/2012 Sb., the Civil Code, as amended. The Czech language shall be the contractual language. Any disputes shall be resolved by the courts of the Czech Republic having venue jurisdiction according to KALAS headquarters. This shall in no way affect the rights of the consumer following from the generally binding legal regulations.
  3. KALAS may unilaterally change these Business Terms and Conditions at any time during the term of the Contract. In such a case, KALAS shall be obliged to inform the Customer of any change in writing. If the Customer does not agree with such a change in the Business Terms and Conditions, s/he shall be entitled, within 10 (ten) days of the date when the information on the change therein was delivered to him/her, to terminate the contract in writing, with giving a reason, with a one-month notice period which commences on the first day of the month following that in which KALAS has received the notice at its headquarters and ends upon expiry of the last day of the relevant calendar month. If the Customer does not terminate the contract within the set deadline, s/he shall be deemed to have agreed with the change in the Business Terms and Conditions without reservations.
  4. If the Contract is subject to Act No. 634/1992 Sb., on consumer protection, as amended, then the Czech Trade Inspectorate, with its headquarters at Štěpánská 567/15, 120 00 Prague 2, shall be the subject of out-of-court resolution of any dispute arising out of the Contract between the Parties.