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Terms and Conditions

Introductory provisions of the terms and conditions
The Seller hereby stipulates, in accordance with Act No. 89/2012 Coll. Civil Code and Consumer Protection Laws, these terms and conditions, in effect for purchases on the e-shop at www.kanken.shop. The terms and conditions govern the rights and obligations of the contracting parties when using the Seller's website www.kanken.shop to conclude a purchase contract (hereinafter the "website") and other associated legal relationships. The Seller can modify and amend the wording of the terms and conditions. Subsequent changes to the terms and conditions do not affect the rights and obligations arising during the effect of the previous version of the terms and conditions.

1) Seller
A Seller means the operator of the e-shop at www.kanken.shop: ARCTIC FOX s.r.o., with its registered office at Václavské náměstí 773/4, Prague - Nové Město 110 00, ID No.: 24845841, Tax ID No.: CZ24845841, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 179811 is the operator of e-shops at www. kanken.shop.

2) Buyer
A Buyer to whom these T&Cs apply means a natural person - a consumer, i.e. a person who does not conclude a contract within the scope of his/her business activities, employment and occupation. Contracts that are concluded by the Buyer are governed in particular by Act 89/2012 Coll. Civil Code, as amended and Act No. 634/1992 Coll Consumer Protection Act.

3) Order, purchase contract
The proposal for concluding a purchase contract (offer) is the placement of the offered goods by the Seller on www.kanken.shop; the purchase contract is created, unless stated otherwise hereinafter, by the Buyer - consumer sending the order and the Seller accepting the order. The Seller will immediately confirm this acceptance to the Buyer by e-mail. The resulting contract (including the agreed price) can be changed or canceled only by agreement of the parties or on legal grounds. Among other things, the Seller reserves the right to cancel the order or purchase contract based on an agreement with the Buyer and in cases where due to an obvious technical error, the price, size or attributes of the goods show a clear error and would be disproportionately shortened, the goods are currently sold out. In the event that the Buyer has already paid part or all of the purchase price, this amount will be refunded to his/her account without undue delay or transferred to the address specified by him/her, and the purchase contract becomes void.

4) Goods
Goods are items offered by the Seller through the e-shop for sale, especially accessories (backpacks, bags). The website contains a list of goods offered for sale. The price is valid for the period for which it is published.

5) Withdrawal from the contract
The Buyer is entitled  to return the goods intact and unworn with accessories (especially instructions, package leaflets), including an intact tag, to the Seller's address ARCTIC FOX s.r.o with its registered office at Václavské náměstí 773/4, Prague - Nové Město 110 00, and withdraw from the contract. The Buyer can also use the sample form for this withdrawal. The Buyer is not obliged to state the reason for withdrawing from the contract. If the Buyer exercises the right to withdraw from the contract, the period for withdrawal is considered to be maintained if during this period, the Buyer sends a notice to the Seller that he/she withdraws from the contract. Subsequently, the Buyer is obliged to return the goods to the Seller without undue delay, no later than 14 days from the withdrawal from the contract, to the address ARCTIC FOX s.r.o., with its registered office at Václavské náměstí 773/4, Prague - Nové Město 110 00.

  1. a) If the Buyer withdraws from the contract, the Seller shall refund to him/her all funds, including delivery costs, which he/she received from him/her under the contract, in the same way and without undue delay, no later than 14 days from the withdrawal from the contract.
    b) If the Buyer has chosen other method of delivery of goods than the cheapest one offered by the Seller, the Seller will reimburse the Buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
    c) The Buyer is liable to the Seller only for the reduction in the value of the goods, which arose as a result of handling these goods differently than it is necessary to handle them with regard to their nature and properties.

However, the provisions of the Act on withdrawal from the contract within 14 days cannot be understood as a possibility of free loan of goods. In case of exercising the right to withdraw from the contract within 14 days of receiving the performance, the Buyer must, within 14 days of withdrawal from the contract, return to the Seller everything he/she has obtained on the basis of the purchase contract. If this is no longer possible (e.g. in the meantime the goods have been destroyed or consumed), the Buyer must provide monetary compensation for what can no longer be returned. If the returned goods are only partially damaged, the Seller may claim damages from the Buyer and offset his/her claim against the refunded purchase price. In such case, the Seller is obliged to prove the damage incurred. In such case, the Seller refunds to the consumer only the reduced purchase price.

THE FORM FOR WITHDRAWAL FROM THE CONTRACT CAN BE DOWNLOADED HERE

6) Price
The amount stated for each individual item includes VAT. However, this amount does not include delivery costs, which are listed separately. The final amount that the Buyer will pay for the goods, including their delivery, is stated at the end of the order and will be confirmed by the Seller by sending a confirmation of the concluded contract.

The reduced amount below the usual amount may be due to the sale or post-season sale of goods, or due to the transfer of goods from brick-and-mortar stores to an online store. It is a sale of a new item without defects, or an item that has been displayed in stores. The same conditions apply to discounted goods as to a regular product. Discounted goods are covered by a warranty period of 24 months.

7) Method of payment
The Buyer is entitled to choose one of the following payment methods when purchasing goods:

1) Payment in advance by credit card

Price: 9,9€

Delivery costs, method of payment, delivery and performance:
The Buyer has the option to pay for the purchased goods on delivery in person in cash or by a payment card online.

Breakdown according to a delivery method:

  • Delivery by DPD courier to the Buyer's address or a collection point
    - Permitted payment - online by card in advance.

Upon the receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and the goods themselves and in case of any defects immediately notify the carrier. In case of finding damaged packaging indicating unauthorized interference with the consignment, the Buyer does not have to accept the consignment from the carrier, on the contrary, he/she should not accept it. By signing the delivery note, the Buyer confirms that the consignment met all the conditions and requirements, in particular that it was not damaged during transport. Therefore, any subsequent complaint regarding damaged packaging of the shipment cannot be taken into account.

9) Security
Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality of the information necessary to access his/her user account and acknowledges that the Seller is not responsible for any consequences of breach of this obligation by the Buyer. Registration means entering a name, surname, address, e-mail and telephone number in the form provided on the main page of the Seller. Upon registering on the website and ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the user account in the event of any change.

10) Liability for defects, complaints procedure
This Complaints Procedure complies with the relevant provisions of Act No. 89/2012 Coll., Civil Code, as amended, and the relevant provisions of Act No. 634/1992 Coll., Consumer Protection Act, as amended, and applies to goods for which the Buyer’s rights from liability for defects (hereinafter referred to as "complaints") are exercised during the warranty period and which the Buyer has purchased through the e-shop at www.kanken.shop.

COMPLAINTS PROCEDURE FOR E-SHOP WWW.KANKEN.SHOP

Art. 1
ADDRESS FOR ACCEPTANCE OF COMPLAINTS: ARCTIC FOX s.r.o., its registered office at Václavské náměstí 773/4, Prague - Nové Město 110 00. The Seller is responsible to the Buyer for a defect-free item upon its receipt. If the ordered item shows obvious defects (for example, a damaged shipping packaging) already upon receipt of the goods, the Buyer is entitled not to accept the item from the carrier and should not accept it. In this case, the item will be sent back to the Seller. He/she is obliged to rectify the situation and send the item to the Buyer again without undue delay.

In particular, the Seller is liable to the Buyer that at the time when the Buyer accepted the item,

  1. the item has the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which the Seller or manufacturer has described or which the Buyer expected with regard to the nature of the goods and on the basis of the carried out advertising, 
  2. the item is suitable for the purpose stated by the Seller for its use or for which this type of item is usually used,
  3. the item corresponds in quality or design to the contracted sample or model if the quality or design was determined according to the contracted sample or model,
  4. the item has the appropriate quantity, size or weight, and 
  5. the item complies with the requirements of legal regulations.

Art. 2
CONFIRMATION OF THE EXTENT OF LIABILITY FOR DEFECTS BY THE SELLER

  1. If the Buyer so requests, the Seller will confirm to him/her in writing the extent and duration of his/her obligations in the event of defective performance. The Seller is liable for defective performance at least to the extent as are the obligations from defective performance of the manufacturer. The confirmation shall also state his/her name, registered office and identification data, or other data necessary to establish his/her identity.
  2. Unless it precludes the nature of the matter, the confirmation referred to in the previous paragraph may be replaced by a proof of purchase containing the mentioned information.

Art. 3
TIMEFRAME OF SELLER'S LIABILITY FOR DEFECTS

  1. The Buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months.
  2. However, the period of 24 months does not apply:
    in case the item is sold at a lower price to a defect due to which a lower price was agreed,
    2. wear and tear caused by its normal use, 
    3. in case of a used item, to a defect corresponding to the degree of use or wear and tear that the item had when accepted by the Buyer, or 
    4. if it precludes the nature of the matter. 
  3. If the period for which the item can be used is stated on the goods sold, on their packaging, in the instructions attached to the item, the warranty applies to this period (this period can be both shorter and longer). The effect of the warranty period does not affect the legal liability for defects of the Seller within the above extent.

Art. 4
BUYER'S ENTITLEMENT TO CLAIMS

  1. If the item does not have the properties specified in Article 1) of this Complaints Procedure, the Buyer may also request the delivery of a new item without defects unless this is disproportionate due to the nature of the defect; however, if the defect concerns only part of the item, the Buyer may only request replacement of the part. If this is not possible, he/she may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect.
  2. The Buyer has the right to receive a new item or a replaced part even in case of a removable defect if he/she cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the Buyer also has the right to withdraw from the contract. 
  3. If the Buyer does not withdraw from the contract or if he/she does not exercise the right to receive a new item without defects, or the right to receive a replaced part or repaired item, he/she may request a reasonable discount. The Buyer is entitled to a reasonable discount even if the Seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the Seller does not ensure rectification within a reasonable time or if ensuring rectification would cause considerable difficulties to the consumer.
  4. The Buyer cannot exercise the right of defective performance if the Buyer knew before accepting the item that the item had a defect, or if the Buyer caused the defect himself/herself after concluding the purchase contract.

Art. 5
GOODS SOLD AT A LOWER PRICE

  1. When selling used or repaired defective products or products the properties of which are otherwise limited, the Seller must clearly inform the consumer in advance of these facts unless this is already clear from the nature of the sale. The Seller is not liable for defects that the Seller has pointed out and for which a lower price has been agreed with the Buyer.
  2. If the item has a defect before the conclusion of the purchase contract which does not prevent the item from being used for its intended purpose, it can only be sold at a lower price than the usual price of a faultless item. The Seller notifies the Buyer that the item has a defect and what kind of defect it is if it is not already clear from the nature of the sale.
  3. Used or modified products, defective products or products the performance of which is otherwise restricted must be sold separately from other products.
  4. If the item has a defect for which the Seller is liable, and if the item is sold at a lower price or it is a used item, the Buyer is entitled to a reasonable discount instead of the right to exchange the item.
  5. The Buyer is not entitled to the right arising from defective performance if the Buyer knew before accepting the item that it had a defect, or if the Buyer caused the defect himself/herself.
  6. For used, repaired or defective products, the warranty period can be reduced by up to half, but to 12 months as a minimum. The Seller is obliged to inform the Buyer of this fact before concluding the purchase contract and at the same time mark this fact in the proof of purchase.

Art. 6
BUYER'S CLAIMS FOR DEFECTS IN ITEMS SOLD AT A LOWER PRICE OR IN USED ITEMS

  1. If the item has a defect for which the Seller is liable, and if the item is sold at a lower price or it is a used item, the Buyer is entitled to a reasonable discount instead of the right to exchange the item.

Art. 7
PLACE AND METHOD OF FILING A COMPLAINT (RIGHTS FROM DEFECTIVE PERFORMANCE)

  1. The Seller shall accept the complaint at the address: ARCTIC FOX s.r.o., its registered office at Václavské náměstí 773/4, Prague - Nové Město 110 00. When raising a complaint, the Buyer must prove to the Seller that he/she bought the goods from the Seller. As a rule, the Buyer can prove the stated herein by presenting a copy of the proof of purchase or a copy of the warranty certificate. 
  2. The Buyer is obliged to hand over the claimed goods clean and sanitary. 
  3. The Buyer is obliged to at least generally mark or specify the defect on the goods that he/she claims from the Seller.
  4. If the Buyer exercises the right from defective performance, the Seller shall issue a complaint form to the Buyer, confirming in particular when the Buyer exercised the right from defects, whether the Seller accepted the item from the Buyer or in what condition, what the content of the complaint is, and what type of handling the complaint the consumer requires as well as a confirmation of the date and manner of handling the complaint, including a confirmation of the repair done and its duration, or a written justification for rejecting the complaint.
  5. The Seller or an employee authorized by him/her will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be resolved without undue delay, within 30 days at the latest. 
  6. The Seller will inform the Buyer about the settlement of the complaint by SMS, phone call or e-mail, or by registered letter. 
  7. If the complaint is settled in such manner that the goods or part thereof are sent to the Buyer, the Seller will deliver the goods to the Buyer to the address chosen by the Buyer. The costs of delivery of goods to the Buyer, if the complaint is justified, shall be borne by the Seller. The cost of delivery of goods to the Buyer, if the complaint is not justified, shall be borne by the Buyer only if the Buyer again claimed the identical defect unreasonably.
  8. If the complaint is settled in a form in which the Buyer becomes entitled to monetary performance, the Seller will send this performance to the Buyer to the account marked by the Buyer, or as a voucher to the Buyer's address.

Art. 8
PREVENTION
1. The basic condition for maintaining the good condition of the goods and their functionality is proper prevention ensured by the Buyer by appropriate basic maintenance of the goods, or compliance with other instructions from the manufacturer, supplier or Seller.

Art. 9
EXTRAORDINARY RESOLUTION OF DISPUTES
1. In the event that a dispute arises between the Seller and the Buyer which cannot be settled directly, the Buyer is entitled to an out-of-court settlement of the consumer dispute. The entity of such out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority; more information is available on the website www.adr.coi.cz.

11) Processing of personal data and handling of personal data

11.1) Controller’s identification data
ARCTIC FOX s.r.o., with its registered office at Václavské náměstí 773/4, Prague - Nové Město 110 00, ID No.: 24845841, Tax ID No.: CZ24845841, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 179811 (hereinafter the "controller”).

11.2) Legal reason for processing personal data
The legal reason for processing your personal data is the fact that such processing is necessary for the fulfillment of the contract between you and the controller or for the implementation of measures by the controller before concluding such a contract within the meaning of Article 6 (1) (b) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation) (hereinafter the “Regulation"). The legal reason for processing your personal data is your consent given to this controller within the meaning of Article 6 (1) (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation) (hereinafter the “Regulation").

11.3) Purpose of personal data processing
The purpose of processing your personal data is to fulfill the contract between you and the controller or to take measures by the controller before concluding such a contract. The purpose of processing your personal data is to send business messages to you and perform other marketing activities by the controller directed at you.

11.4) Period of personal data retention
Your personal data will be processed for the duration of the effect of rights and obligations under the contract, as well as for the time necessary for archiving purposes in accordance with the relevant generally binding legal regulations, but no longer than for the period specified by generally binding legal regulations. The period for which your personal data will be retained when it concerns sending business messages and other marketing activities conducted by the controller is 3 years, but no longer than the revocation of your consent to the processing of personal data.

11.5) Other recipients of personal data
Other recipients of your personal data arising from performance of the contract will be delivery companies and other persons involved in the delivery of goods or the implementation of payments under the purchase agreement. Other recipients of your personal data will be: 

In order to pay for the order online (payment card, button, transfer), we pass personal data onto the service provider regarding the processing of payments, (Československá obchodní banka, a.s. (ČSOB)),

In order to deliver the goods by contracted carriers, we pass your personal data onto:

  • Balíkobot, s.r.o., ID No.: 06283799, Revoluční 16, 110 00 Prague 1
  • Direct Parcel Distribution CZ s.r.o., Říčany u Prahy - Modletice 135, postal code 251 01, ID No.: 61329266, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 52346, as a delivery company
  • General Logistics Systems Czech Republic s.r.o.,
    registered in the Commercial Register at the Regional Court in Brno, Section C, File 66184, with its registered office at General Logistics Systems Czech Republic s.r.o. Průmyslová 5619/1, 586 01 Jihlava ID No.: 260 87 961, Tax ID No.: CZ 260 87 961
  • Zásilkovna s.r.o., Lihovarská 1060/12, 190 00 Prague 9, ID No.: 28408306, Tax ID No.: CZ28408306. Company registered: in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 139387
  • Geis CZ s.r.o. Zemská 211 / I, 337 01 Ejpovice, Rokycany district. VAT No.: CZ44567359, ID No.: 44567359. File number in the Commercial Register: C 14475 maintained by the Register Court in Pilsen.

Other recipients of your personal data will be entities providing marketing services and personalized advertising for the controller:

  • Facebook, (Facebook.com), Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbor Dublin 2, Ireland, No. IE9692928F
  • Google, Google Analytics, Google Adwords, Google Adform (Google Czech Republic, s.r.o.), Stroupežnického 3191/17, Prague 5, 150 00, ID No.: 27604977
  • cz, (Heureka Shopping s.r.o.), Karolinská 650/1 186 00, Prague 8 - Karlín, Czech Republic, ID No.: 02387727

In order to send a business message, develop the e-shop www.kanken.shop and its purchasing process, external developers from the following company have access to your personal data:

FG Forrest, a.s., Pernerova 635/57, 186 00 Prague 8. ID No.: 25290568. Tax ID No.: CZ25290568, which provides distribution.

The controller does not intend to transfer your personal data to a third country (to a country outside the EU) or to an international organization.

11.6) Rights of the data subject
Under the conditions set out in the Regulation, you have the right to request access to your personal data from the controller, the right to correct or delete your personal data, or restrict their processing, the right to object to the processing of your personal data, and the right to portability of your personal data (performance of the contract). In case of business messages sent by and other marketing activities performed by the controller, you have the right to revoke the consent to the processing of your personal data given to the controller at any time. However, this does not affect the lawfulness of the processing of your personal data prior to such withdrawal of consent. You can revoke your consent to the processing of personal data by emailing your request to info@kanken.shop. If you believe that the processing of your personal data has violated or is violating the Regulation, you have, among other things, the right to file a complaint with a supervisory authority.

Conclusion and performance of the contract
You are not obliged to provide personal data. The provision of your personal data is a necessary requirement for the conclusion and performance of the contract and without the provision of your personal data, it is not possible to conclude the contract or fulfill it by the controller.

Sending business messages and conducting other marketing activities
You are not obliged to provide personal data. The provision of your personal data is not a legal or contractual requirement, nor is it a requirement that is necessary to conclude a contract.

You have the right to object at any time to the processing of your personal data for the purposes of direct marketing, including profiling if the profiling relates to this direct marketing. If you object to the processing of your personal data for direct marketing purposes, your personal data will no longer be processed for these purposes.

12) Delivery                
Unless agreed otherwise, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail or by registered mail through a postal service provider, or in person. It is delivered to the Buyer to the e-mail address specified in his/her user account.

The message is considered delivered:

  1. In case of delivery by e-mail at the moment of its receipt on the Buyer's incoming mail server.
  2. In case of delivery in person or through a postal service provider by accepting the consignment by the addressee.
  3. In case of delivery in person or through a postal service provider, also by rejecting the consignment if the addressee (or the person authorized to accept the item on his/her behalf) refuses to accept the item.
  4. In case of delivery via a postal service provider after ten (10) days of storing the item and notifying the addressee to collect the stored item if the item is stored with the postal service provider even if the addressee did not learn about the storage.


13) Authorization for negotiations with the Buyer
The Seller declares that he/she has authorized each operator of the store in which the goods are handed over (if the Buyer has chosen to collect the goods in the store) to hand over the goods to the Buyer.

14) Effect
These terms and conditions enter into effect on 1 June 2020.

15) Alternative resolution of consumer disputes
In the event of a dispute between the buying consumer and the Seller, the consumer may also use the possibility of an out-of-court settlement of the dispute. In such a case, the buying consumer can contact the entity of out-of-court dispute resolution, which is the Czech Trade Inspection Authority (https://adr.coi.cz/cs), CTIA, and proceed according to the rules stated therein. More information on out-of-court dispute resolution can also be found on the CTIA website. It is also possible to start ODR via the online form at https://webgate.ec.europa.eu/odr/.

The Seller is entitled to sell goods on the basis of a trade license. Trade license inspection is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of ​​personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, inter alia.

These terms and conditions are valid as stated on the Seller's website, on the day of concluding the purchase contract. After the confirmation, the consumer's order is archived as a concluded contract between the Buyer and the Seller for the purpose of its fulfillment and further records, and its status is available to the Buyer. The contract may be concluded in the Czech language, or in other languages, unless this is the reason for the impossibility of concluding it. By making a purchase, the customer agrees to receiving business messages; this consent can be revoked by the customer at any time by e-mailing info@kanken.shop

16) Final provisions
The cost of internet connection, telephone communication is borne by the Buyer.

The Seller handles consumer complaints via the electronic address info@kanken.shop. The Seller will send information on the settlement of the Buyer's complaint to the Buyer's e-mail address.