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General Terms and Conditions

General Terms and Conditions of Korek Jelínek spol. s r.o.
registered office Ještědská 492, 468 02 Rychnov u Jablonce nad Nisou, Czech republic, ID: 62738984,
registered in the Commercial Register at the District Court in Ústí nad Labem, section C, insert 8552. 
Establishment: Luční 294, 463 31 Chrastava, Czech republic.

I.          Introductory provisions

These terms and conditions (hereinafter referred to as “the terms and conditions”) govern in accordance with the provisions of § 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “the Civil Code”) mutual rights and obligations of the contracting parties based on the purchase contract (hereinafter referred to as “the purchase contract”) concluded between the Korek Jelínek spol s r. o. company (hereinafter referred to as “the seller”) and another natural person (hereinafter referred to as “the purchaser”) via the web shop of the seller located and operated by the seller at www.korek-jelinek.cz (hereinafter referred to as “the website”).

The seller undertakes that the offered products comply with all legal and quality standards. The purchaser agrees that they will pay for the ordered and duly supplied products in a timely manner and in a predetermined way.

II.          User account

Based on the registration made by the purchaser on the website of the seller, the purchaser may access their own user interface. Using their user interface (hereinafter referred to as “the user account”), the purchaser can order products. Products can be also ordered without prior registration.

When registering on the website and when ordering the products, the purchaser is obliged to provide proper and correct data. The purcaser should update the information registered whenever a change occurs. The data provided by the purchaser in the user account and when ordering products are considered correct by the seller.

The access to the user account is protected by the user name and password.

The purchaser is not allowed to let third parties use the user account.

The seller may cancel the user account, in particular, if the purchaser has not used their respective user account for longer than 3 years or in the event that the purchaser has breached obligations set by the purchase contract or the terms and conditions of the seller.

The purchaser acknowledges that the user account does not have to be continuously available, in particular with regard to the necessary maintenance of hardware and software of the seller or the necessary maintenance of hardware and software of third parties.

III.          Ordering the products

Any presentation of products displayed in the web shop interface is for information purposes and the seller is not obliged to conclude a contract for these products. Provisions of §1732(2) of the Civil Code do not apply.

The web shop interface contains information about products, including indication of the prices for individual products. The prices of the products are listed including the value added tax. The prices of the products remain valid for the period during which they are displayed in the web shop interface. This provision does not exclude the possibility of the seller to conclude a purchase contract under individually negotiated terms.

The web shop interface also includes information on the costs related to the packaging and delivery of the products for the delivery of the products within the Czech Republic. The price of consignments abroad is calculated individually, always based on the dimensions, weight, quantities and destinations.

For ordering the products, the purchaser should complete the order form in the web shop interface. The order form includes, in particular, the following information: 

  • Ordered products (The purchaser places the ordered goods into the shopping cart in the web shop interface.)
  • Method of payment of the purchase price
  • Method of delivery of the products and associated costs

Before submitting the purchase order, the purchaser is able to review and change the entered information.

The order is place by the purchaser by clicking the “Send order” button. The information submitted in the order are considered correct by the seller.

Sending the order by the purchaser is considered as unequivocally identifying the ordered products, purchase price, person of the purchaser, method of payment of the purchase price and it is a binding draft of the purchase contract for both contract parties. The condition for the order to be valid is filling in all the mandatory information in the order form and confirmation by the purchaser that they are familiar with these terms and conditions.

The order is considered to be binding by confirmation of receipt of the order by the seller, which the seller shall perform immediately after its receipt by e-mail, namely to the e-mail address of the purchaser provided to in the user interface or in the order (hereinafter referred to as “the e-mail address of the purchaser”).

Depending on the nature of the order (quantity of products, amount of the purchase price, estimated cost of transportation), the seller is always entitled to ask the purchaser for an additional order confirmation (for example, in writing or phone).

The draft of the purchase contract in the form of an order applies for fifteen (15) days.

In the event that the seller cannot fulfil any of the requirements listed in the order, the seller shall send to the purchaser an amended offer with possible variants of orders to the email address of the purchaser and shall request the opinion of the purchaser, whereas the amended offer shall be considered a new draft of the purchase contract and the purchase contract in this case is concluded only by the confirmation by the purchaser by e-mail.

The purchaser agrees with the use of means of remote communication during the conclusion of the purchase contract. The costs incurred by the purchaser when using means of remote communication in relation to the purchase contract (costs of the internet connection, telephone costs) are paid by the purchaser.

IV.          Terms of payment

The price of the products is set by the currently valid price list or price shown on the website of the seller, which is also based on the valid price list. The price list contains the retail prices. There is a discount framework for these prices applicable for wholesale partners as set by the respective sales representative.

The payment for the products can be made by the following methods:

  1. Using a secure payment gateway for the internet order which redirects the purchaser to the internet banking of their respective bank or a secured page for card payment. After the implementation of the transaction, the gateway notifies the e-shop of completing the payment and the products can be shipped immediately after receiving the confirmation of payment. Money transfers are executed via bank accounts of ComGate Payments, a.s. Sensitive data entered into the internet banking system are protected by payment gateways of the banks and are not accessible to third parties. Payment processors only see information about the transaction that the bank provides with the submitted transaction.

    The purchaser can use a recurring card payment to pay for the order. For the first payment, a standard payment gateway displays where the payer enters payment card information and data for 3-D Secure verification to ensure the highest possible level of security. Card data will be stored on the side of the bank. For further orders of a registered payer, after the confirmation of your order there is only a short notification of “processing payment”; the payer is not directed to the payment gateway and the e-shop displays the result of the payment.

  2. Cash on delivery at the place designated by the purchaser in the order.

  3. Bank transfer to the account of the seller based on an advance invoice, which will be sent to the purchaser by e-mail after placing the order.

  4. Invoice with the maturity of 14 days for wholesale partners, if such a method of payment is agreed with the relevant sales representative.

  5. Using a loan provided by a third party. The provider of loans is Home Credit a.s., homecredit.cz/vop.

The purchaser always receives a tax document and bill of delivery for the delivered and paid products. For payments in cash or by card at the showroom, the EET receipt is also provided.

For the delivery of the products abroad, advance invoice payment is required. 

In the event of repeated late payment for the invoice, the purchaser is no longer entitled to use this method of payment and the products can be delivered only using cash on delivery or advance invoice payment, but always only after settling the outstanding debt.

V.          Sphere - loyalty program

The Korek Jelínek company is participating in the Sphere program, which allows Sphere card holders to apply 10% discount for the purchase of any products both in the web shop and the showroom at the registered office of the company in Rychnov u Jablonce nad Nisou, Czech Republic.

For internet purchases, apply the discount in Step 1 in the shopping cart - insert your unique Sphere card code into the field next to “Apply coupon”. The discount will be calculated and then the order can be completed.

VI.          Terms of delivery

If the ordered products are in stock, they will be dispatched on the next working day after the confirmation of the receipt of your order or on another, pre-arranged date.

In the case of advance invoice payment, the products will be dispatched immediately after the amount is credited to the account of the seller.

If the products are listed as “to order”, the term of delivery is usually 4 to 7 weeks from the confirmation of the receipt of your order, unless previously arranged otherwise.

VII.          Transport

The seller uses transport services of the Geis carrier company.

The products are usually delivered on the next working day after shipping. The purchaser is notified of estimated date of delivery by the seller by e-mail. The seller is not responsible for the delay in the scheduled date of delivery.

The carrier notifies the purchaser of accepting the consignments by sending an SMS advice to the phone number of the purchaser provided in the order. The SMS advice includes the track-and-trace number for tracking the consignment on the website of the carrier https://www.geis-group.cz/en or by phone +420 951 277 777.

The purchaser is entitled for free shipping in the Czech Republic when ordering products for the total price higher than:

  1. CZK 2,000 incl. VAT for internet orders. Applies only to retail customers.
  2. CZK 12,100 incl. VAT for orders made by phone or e-mail. Applies to business partners with a wholesale price list allocated. 

For other orders, the prices of transport are as follows:

  1. Parcel within 30 kg: CZK 129. - incl. VAT.
  2. The prices of oversize or multiple consignments, pallet transport and shipping abroad are calculated individually, always based on the dimensions, weight, quantities and destinations. The prices shall be governed by the applicable price list of the carrier.

VIII.          Guarantee for the quality of products

  • The seller guarantees that the products are free from any defects at the time of reception by the purchaser. In particular, at the time when the purchaser receives the product:

    1. The product has the declared properties.
    2. The product is suitable for the purpose indicated by the seller or for which the products of the same type are normally used.
    3. The product is in the corresponding quantity, size and/or weight.
    4. The product complies with the legal requirements.

    General warranty period for purchased products is 2 years. For floors and sidings, the seller provides longer warranty, as listed in the following table:

     

    Home use

    Commercial use

    CORKLINE

    10 years

    5 years

    VINYLCORK

    20 years

    10 years

    VINYLPROMO

    15 years

    5 years

    VINYLFIT

    15 years

    5 years

    TRADITION

    10 years

    5 years

    SIDINGS

    10 years

    5 years

    This guarantee is valid from the date of purchase, which is indicated on the invoice.

IX.          The rights in the event of defective performance (complaints)

The purchaser is entitled to complain about defects, which occur on the product, within twenty-four (24) months from the date of purchase, indicated on the invoice, unless a longer warranty period is specified.

The purchaser is obliged to check the consignment immediately on receipt from the carrier and in case of any signs of damage to the outer packaging write down this fact in the damage report or make a note of the damage in the delivery report. Otherwise, complaints about products damaged during transport cannot be raised at the carrier.

The rights associated with defective performance are void, where the purchaser knew before accepting the products, that the products were defective, or where the defect has been caused by the purchaser.

The rights of liability for defects in products are not applicable, in particular, to cases where the damage is caused by:

  1. Mechanical damage

  2. Apparent improper use

  3. Use in conflict with the instructions for installation, use or maintenance which are available on the web interface of the seller

  4. Use in conflict with the generally applicable practices

  5. Apparent use in conditions which do not comply with the ranges of temperature, dust, humidity, chemical and mechanical effects of the environment which are directly specified by the seller or which are clearly applicable by the nature of the product

  6. Apparent unprofessional installation, operation or handling which is in conflict with the recommended practices of the seller

The purchaser shall notify the seller of the defect immediately after the defect has been identified. The purchaser has no rights associated with defective performance in the event that they further processed or used the delivered, apparently defective, products without first raising a complaint. I.e., where an apparently defective floor is laid, bottles are plugged with clearly defective stoppers, apparently defective board is installed, etc.

The complaint can be submitted in writing to the address of the establishment of the seller Luční 294, 463 31 Chrastava, Czech Republic or by e-mail to korek@jelinek.cz.

Complaints based on defective performance should always include the following:

  1. Contact details of the claimant (name, address, phone, e-mail)

  2. Number of the purchase document (invoice)

  3. Date of purchase

  4. Name of the defective product

  5. Description of the defects

  6. Photographs of damage

  7. The proposal for a solution that the claimant requires - exchange of products or an adequate level of discount

The period for settling the complaint shall begin on the day following the day of raising the complaint by any of the methods provided in these terms and conditions.

The complaint must be resolved without undue delay and no later than 30 days from the date of submitting the complaints, unless the seller and the purchaser agree on a longer period of time.

If the seller is not able to settle the complaint within the given period, the purchaser has the same rights as in the event of withdrawal from the contract.

X.          Withdrawal from the contract

In the case of online purchase, the purchaser has the right to withdraw from the contract within 14 days of receipt of the products without stating any reason.

The purchaser shall notify the seller of the withdrawal from the contract within the given period in writing to the address of the establishment of the seller Luční 294, 463 31 Chrastava, Czech Republic or by e-mail to korek@jelinek.cz.

Withdrawal from the contract should contain the following information:

  1. Contact details of the purchaser (name, address, phone, e-mail)

  2. Number of the purchase document (invoice)

  3. Date of purchase

  4. Bank account number to send back the price for the products

The seller shall acknowledge the receipt of the withdrawal from the contract to the purchaser without undue delay. The purchaser receives from the seller a credit note for the returned products and shall send a signed and confirmed copy of the credit note back to the seller.

In the event of withdrawal from the contract, the purchase contract is cancelled in its entirety, i.e., the products must be returned to the seller within fourteen (14) days of the receipt of the withdrawal from the contract.

The products that the purchaser returns to the seller must be undamaged, complete and properly packed to avoid damage during shipping.

The seller returns the price paid by the purchaser for the purchase of the returned goods, including the cost of transport only to the extent of the amount corresponding to the cheapest method of delivery of the products offered by the seller. The costs of returning the products to the seller shall be paid by the purchaser.

The seller shall not be required to reimburse the payment received from the purchaser before the purchaser returns the product or provides proof that they have sent the products to the seller.

The right to withdraw from the contract does not arise in the case of products which have been produced to order based on individual specifications of the purchaser or adjusted specifically for the purchaser.

XI.          Protection of personal data

By concluding the purchase contract, the purchaser agrees that pursuant to the Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data (hereinafter referred to as the “GDPR regulation”), the seller may process the following personal data:

  1. Name and surname

  2. Address

  3. Name, location, ID and VAT number of the company

  4. E-mail

  5. Phone number, fax

Such data must be processed in order to execute the order and deliver the products and for marketing purposes, such as distributing newsletters, offers, etc.

Such data will be processed by the controller for the period of 10 years.

The purchaser grants their explicit consent with the above described processing of data that can be withdrawn at any time, namely by sending an e-mail to korek@jelinek.cz or a letter to the address of the registered office of the seller.

The processing of personal data is performed by the controller; personal data can be also processed on behalf of the controller by the following third party processors:

  1. Asseco Solutions s.r.o. software provider and prospective other providers or administrators of processing software (PC HELP, a.s)

  2. Shipping and transport companies that provide the delivery of products, whereas these providers may change

The purchaser has the following legal rights:

  1. To withdraw the consent at any time

  2. To request information from the seller about the processed personal data of the purchaser

  3. To ask the seller for explanation about the processing of personal data

  4. To demand access to the respective personal data and to update or correct the personal data

  5. To ask the seller to delete the respective personal data

  6. In the event of doubt about respecting the obligations related to the processing of personal data, to contact our company or the national data protection authority

XII.          Distributing business communication and storing cookies

The purchaser agrees with receiving future information about the products, services or business of the seller sent to the email address of the purchaser and further agrees with receiving business communication sent by the seller to the email address of the purchaser.

The purchaser agrees with storing the so-called cookies on their computer. Where the purchase on the website and the delivery based on the purchase contract can be completed without the use of cookies placed on the computer of the purchaser, the purchaser may withdraw the consent in accordance with the prior provision.

Contact

Korek Jelínek, spol. s r.o.
Luční 294, 463 31 Chrastava, Czech republic
Phone: +420 775 759 706
E-mail: korek@jelinek.cz 

TIN: 62738984
VAT: CZ62738984

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