Terms and Conditions
Kinsukira – Kateřina Pavlová,
Uralská 689/7, 160 00, Prague 6 - Bubeneč
ID: 01125494
The terms in Czech are available here.
The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these Terms and Conditions (hereinafter referred to as the “Terms and Conditions”).
Definitions
1) In these Terms and Conditions:
• "E-shop" means a computer program - an internet application that is available on the Internet via the internet address www.kinsukira.com, the main function of which is to display, select and order goods by the User;
• “Purchase Agreement” means a purchase agreement within the meaning of the provisions of Section 2079 et seq. of the Civil Code concluded between the Operator as the seller and the User as the buyer via the E-shop;
• "Shopping Cart" means a part of the E-shop that is automatically generated by activating the relevant functions within the framework of its actions in the E-shop user environment, in particular by adding or removing Goods and/or changing the quantity of selected Goods;
• "Civil Code" means Act No. 89/2012 Coll., the Civil Code, as amended (in Czech law);
• “Operator” means the self-employed person Kateřina Pavlová, doing business under the name Kinsukira, with its registered office at Uralská 689/7, 160 00, Prague 6 – Bubeneč, identification number: 01125494 entered in the Trade Register;
• "Access Data" means a unique login name and the associated password entered by the User into the E-shop database during Registration;
• "Registration" means the electronic registration of the User into the E-shop database, by filling in at least the mandatory registration data in the E-shop user interface and Access Data and subsequently saving them into the E-shop database;
• "Consumer" means the User - a person who, outside the scope of his/her business activity or outside the scope of the independent performance of his/her profession, concludes a Contract with the Operator or otherwise deals with him/her;
• "User" means any legal or natural person who uses the E-shop;
• "User Account" means a part of the E-shop that is established for each User by Registration (i.e. is unique for each User) and made available after entering Access Data;
• "Goods" means an item offered by the Operator for sale to the User through the E-shop;
Information for Consumers
On Kinsukira E-shop I offer you goods whose price is always stated excluding VAT, which is calculated based on the address of the consumer's country. The costs of delivery are borne by the consumer. The operator is not registered for VAT. Given the nature of the goods on the Kinsukira E-shop, which are made to order - only after ordering by the user or are original paintings, I do not provide the option of withdrawing from the contract as a standard. However, if there are printing defects or something does not suit you, please contact the email info@kinsukira.com within 14 days.
1. The operator concludes contracts whose subject is the sale of Goods.
2. Regarding the price of Goods and transport costs and other fees, the following applies:
◦ Prices of the provided Goods are stated on the website excluding VAT and will be calculated based on the address of the consumer's country when completing the purchase in the basket. The costs of delivering the Goods vary depending on the selected country, the method and provider of transport and the method of payment. The agreed price does not include any payments, fees or other remuneration that the User must spend on services provided by third parties in connection with the payment of the agreed price; such costs are borne exclusively by the User.
◦ In the event of withdrawal from the contract, the Consumer shall bear the costs associated with returning the Goods, and in the case of a contract concluded through distance communication, the costs of returning the Goods if the goods cannot be returned by ordinary postal means due to their nature.
3. The following applies to withdrawal from the contract:
◦ The Consumer has the right to withdraw from the Purchase Contract, pursuant to the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from receipt of the Goods.
◦ Since all goods are printed to order after the consumer's order or they are original paintings, by nature the operator does not provide the option of withdrawal from the contract, however, if you have received a defective piece or the clothes do not fit you very well, please send an email within 14 days to the operator's email address info@kinsukira.com.
◦ The consumer is obliged to send the Goods back to the operator without undue delay, no later than 14 days from the date of withdrawal from the Purchase Agreement. The deadline is considered to have been met even if the Goods are sent to the operator no later than the last day of the above-mentioned period.
◦ If the consumer withdraws from the Purchase Agreement, he is obliged to provide his bank account number in writing for the refund of the purchase price of the Goods, which may be reduced if there are legal reasons for this. The operator is not obliged to return the received purchase price before the buyer returns the Goods or proves that he sent the Goods to the operator.
◦ If the Consumer withdraws from the Purchase Agreement regarding the Goods that are returned to the Operator damaged and/or worn, especially if the original markings of the Goods (i.e. labels, stickers, etc.) are removed, the Consumer is obliged to reimburse the Operator for the costs of restoring the Goods to their original condition. The Operator is entitled to unilaterally offset the claim for compensation for this damage against the Consumer's claim for a refund of the purchase price.
4. The Consumer is liable to the Operator for any reduction in the value of the Goods as a result of handling these Goods in a manner other than that necessary to familiarize oneself with the nature and properties of the Goods, including their functionality.
5. The Operator does not use the option of out-of-court settlement of consumer complaints. The complaint may be addressed to the supervisory or state supervisory body. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Operator and the Consumer arising from the Purchase Agreement.
6. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
7. The operator is authorised to sell goods on the basis of a trade licence. The trade licence inspection is carried out by the relevant trade licence office within its scope of competence. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
The process of concluding a Purchase Agreement
After a few clicks on the E-shop and confirming the order, a purchase agreement is concluded between us.
1. The Operator offers Users to conclude a Purchase Agreement through the E-shop. The Operator's offer to conclude a Purchase Agreement is the display of a button marked "Buy now" in the E-shop user interface.
2. The User's unreserved acceptance of the Operator's offer to conclude a Purchase Agreement of these Terms and Conditions is deemed to be clicking on the button marked "Buy now".
3. The User undertakes to fill in true and complete data in the relevant text fields in the E-shop user environment, in particular his/her e-mail address, identification data and, if applicable, delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him/her to be correct and complete and is not authorized to check the entered data.
4. The Purchase Agreement is concluded by the unreserved acceptance of the Operator's offer to conclude a Purchase Agreement of these Terms and Conditions.
5. The Agreement is concluded at the moment when the electronic information about the User clicking on the button reaches the server where the E-shop is installed via the Internet.
6. The Operator sends the User an e-mail message about the conclusion of the Purchase Agreement to the e-mail address entered by the User in the appropriate field in the E-shop user environment.
7. All Goods presented within the E-shop user environment are for informational purposes only and the Operator is not obliged to conclude a Purchase Agreement regarding these Goods. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.
8. The Operator reserves the right to cancel the Purchase Agreement if an order is received that bears an address of a country outside the European Union, as it clearly declares on the website that it provides delivery of goods only within the countries of the European Union.
Purchase Agreement
As soon as you pay for the goods, you become the owner of them – until then they will be ours. After we receive your payment, we will send your shipment to you.
1. By concluding the Purchase Agreement:
◦ The User purchases from the Operator the Goods that the User has selected in the E-shop user environment by placing them in the Shopping Cart, in the quantity that the User has selected and/or set for the given Goods in the E-shop user environment, and the User undertakes to pay the Operator for the given Goods the price that is stated for such Goods in the E-shop user environment.
◦ The Operator has the right to withdraw from the Purchase Agreement for any reason or without giving a reason until the moment the Goods are sent to the User. The legal action of the Operator consisting in notifying the User that he cannot deliver the goods ordered by him is also considered to be withdrawal from the Purchase Agreement. If the User has already paid the purchase price for the Goods, the Operator will return it to the User's bank account specified by him without undue delay.
◦ The Operator is entitled to ask the User for additional confirmation of the order at any time and until such time as it receives such confirmation from the User, it is entitled to delay sending the Goods to the User.
◦ The method of packaging the Goods is determined solely by the Operator; the provisions of Section 2097 of the Civil Code shall not apply.
◦ The User is obliged to pay the Operator the costs associated with packaging and delivery of the goods to the User, in the amount specified for the given order in the user environment of the E-shop.
◦ The User has the right to choose from the options displayed to the User and the user environment of the E-shop the method of payment for the purchase price for the Goods and, if applicable, other monetary payments to the Operator. If any of the payment methods contains information about the costs of making such a payment, the User is obliged to bear the costs of making such a payment, which are specified for the given payment in the user environment of the E-shop. In the case of non-cash payment by bank transfer, the User is obliged to indicate the variable symbol specified by the Operator. In the case of non-cash payment, the User's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Operator's bank account.
◦ The Operator has the right to provide a discount on the purchase price of the Goods. Discounts can be combined with each other, unless expressly stated otherwise.
◦ The purchase price for the Goods does not include any payments, fees or other remuneration that the User must spend on services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are borne solely by the User.
◦ The Operator reserves the right of ownership to the Goods that are the subject of the Purchase Agreement until the purchase price for the Goods is fully paid by the User.
◦ The Operator undertakes to send the Goods to the User within a reasonable period of time from the sending of information on the conclusion of the Purchase Agreement pursuant to Article 3.6 of these Terms and Conditions. All delivery times for the Goods specified in the E-shop user interface are for guidance only.
◦ The Operator will send the User a tax document - invoice in electronic form, to the User's e-mail address entered when placing a given order in the E-shop User Environment.
◦ If the Operator provides the User with a gift together with the Goods, the gift agreement between the User and the Operator is concluded with a termination condition that if the Purchase Agreement is terminated (e.g. by withdrawal), the given gift agreement terminates without further ado from the beginning together with the Purchase Agreement and the User is obliged to return the provided gift together with the goods to the Operator.
◦ The Operator provides the User with a guarantee, if the guarantee period is specified for the given Goods in the E-shop user environment, for the duration of the specified guarantee period, whereby the guarantee thus specified applies only to the Consumer.
◦ The User is entitled to exercise the right to withdraw from the contract and the right to defective performance with the Operator. In this case, take pictures of the goods and send them with the order number to the Operator's email address info@kinsukira.com, who will inform you about the next steps. The moment of filing a complaint is considered the moment when the Operator received the claimed Goods.
◦ If the user environment of the E-shop states that the Goods are used, the User purchases the Goods in used condition, including the stated defects.
◦ The risk of loss, damage and/or destruction of the Goods that are the subject of the Purchase Agreement passes to the User who is a Consumer at the moment of receipt of the goods and to the User who is not a Consumer at the moment of handing over the goods to the first carrier.
◦ The Purchase Agreement, including the Terms and Conditions, is archived by the Operator in electronic form and, at the User's request, the Operator will send it to the User.
Shipping and delivery of Goods
The method and price of shipping is specified for each order. If the company that ensures printing on the goods returns the shipment for reasons not covered by you, it will be sent to charity without the possibility of a refund.
1. If the method of shipping is agreed upon based on a special request from the user, the user bears the risk and any additional costs associated with this method of shipping.
2. If the Operator is obliged to deliver the Goods to the place specified by the User in the order under the Purchase Agreement, the User is obliged to accept the Goods upon delivery.
3. If the User does not collect the Goods and the shipment will be returned to the address of the manufacturing company and donated to charity.
4. When accepting the Goods from the carrier, the User is obliged to check the integrity of the packaging of the Goods and, in the event of any defects, notify the carrier. In the event of damage to the packaging indicating unauthorized entry into the shipment, the User does not have to accept the shipment from the carrier. This does not affect the User's rights from liability for defects in the Goods and other rights of the User arising from generally binding legal regulations.
5. The Operator itself does not produce, pack or ship custom-printed goods. Printing is usually done immediately, however, it can take up to 5-10 days according to the provisions of the printing provider. Shipping, which I currently only allow within the European Union, usually takes 5-7 days. Orders can be packaged separately for faster delivery.
6. Other rights and obligations during the transportation of goods may be regulated by the Operator's special conditions, if they are issued by the Operator.
User Account
You can create a user account, your next purchase with us will be more convenient and you will not have to re-enter your data.
1. The User has the right to set up a User Account by Registration, from which he can place orders for Goods.
2. The User is obliged to enter the Access Data before entering the User Account.
3. The User's identification data entered during Registration are considered to be the data entered when ordering each Goods that the User makes after logging into his User Account.
4. The Provider reserves the right to restrict access to the User Account, in particular for reasons of technical maintenance of the E-shop or related software or hardware. The Provider may cancel the User Account, in particular if the User does not use his User Account for more than five (5) years or if the User materially breaches the obligations under the Purchase Agreement.
5. The User may not provide third parties with Access Data or any other access to the User Account. The User is obliged to take all reasonable measures to keep them confidential. The User is fully liable for any unauthorized use of these Access Data or User Account and for any damage caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these data, the User is obliged to notify the Operator of this fact.
6. In the event of User Registration, the conditions of Section 1752, paragraph 1 of the Civil Code are met and the Operator is entitled to unilaterally change these Terms and Conditions; the change will be notified to the User via the E-shop and/or by e-mail to the User's e-mail address entered in the E-shop database. The User has the right to reject the change within fifteen (15) days from the first login to the User Account after the notification of the change to the Terms and Conditions and to terminate the obligation for this reason within a notice period of thirty (30) days, which, given the nature of the Goods, is sufficient to procure performance from another supplier.
Complaints Policy
All goods from the E-shop are printed to order by a third party, so there may be a printing error that the operator is unaware of (the goods are sent directly to the consumer by a third party). If there is a printing error or the goods are insufficiently packaged and are wrinkled even if the packaging is not damaged, please let us know within 14 days and send photos and the order number to the email address (info@kinsukira.com). In this case, we will replace, repair or provide a discount to you within thirty days.
If you buy goods on sale or at a lower price because they already have a defect and you know about it, this defect cannot be claimed by us.
1. The operator is responsible to the consumer that the goods are free of defects upon receipt.
2. The consumer is entitled to claim the right to a defect from the operator that occurs in consumer goods within twenty-four months of receipt.If the period during which the goods can be used is stated on the goods sold, on their packaging, in the instructions attached to the goods or in the advertisement in accordance with other legal regulations, the provisions on the quality guarantee shall apply. By the quality guarantee, the Operator undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the Consumer has rightfully complained to the Operator about a defect in the goods, the period for exercising rights from defective performance and the warranty period shall not run for the period during which the Consumer cannot use the defective goods.
3. If the Goods have defects, the Consumer has the right to demand the delivery of new Goods without defects, unless this is unreasonable given the nature of the defect, however, if the defect concerns only a part of the Goods, the Consumer may only demand the replacement of the given part; if this is not possible, the Consumer has the right to withdraw from the Purchase Agreement.
4. The Consumer shall inform the Operator of the right he has chosen when reporting the defect or without undue delay after reporting the defect. The Consumer may not change the choice made without the Operator's consent; this does not apply if the Consumer requested the repair of a defect that proves to be irreparable.
5. The Operator is obliged to issue the Consumer with a written confirmation of when the Consumer exercised the right, what the content of the complaint is and what method of handling the complaint the Consumer requests; and also a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated by the Operator to carry out the repair.
6. The Consumer has the right to delivery of new Goods or replacement of a component even in the event of a removable defect, if the Consumer cannot use the Goods properly due to the repeated occurrence of the defect after repair or due to a large number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.
7. If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to delivery of new Goods without defects or to replace a part of it or to repair the Goods, he may demand a reasonable discount. The Consumer has the right to a reasonable discount even if the Operator cannot deliver new Goods without defects, replace a part of it or remove the Goods, as well as if the Operator does not arrange for a remedy within a reasonable time or if arranging a remedy would cause the Consumer significant difficulties.
8. The Consumer does not have the right to claim for defective performance if the Consumer knew before taking over the Goods that the Goods had a defect, or if the Consumer caused the defect himself.
9. The Operator's liability for defects in the Goods does not apply to wear and tear of the Goods caused by their normal use, in the case of Goods sold at a lower purchase price, to a defect for which a lower purchase price was agreed (e.g. sale), in the case of used Goods, to a defect corresponding to the degree of use or wear and tear that the Goods had when taken over by the Consumer, or if this results from the nature of the Goods.
10. If a guarantee is provided for the Goods, the Consumer has the right to exercise liability for defective performance during the warranty period.
11. At the request of the Consumer, the Operator is obliged to provide the Consumer with a warranty certificate. If the nature of the Goods allows it, it is sufficient to issue the Consumer with a proof of purchase of the Goods instead of a warranty certificate containing the information that must be included in the warranty certificate - name and surname, company registration number and registered office of the Operator.
12. Complaints about the Goods, including the removal of defects in the Goods, must be settled without undue delay, no later than 30 days from the date of the claim, unless the Operator and the Consumer agree on a longer period. After this period has expired, the Consumer has the same rights as if it were a material breach of the Contract.
13. The period for settling a complaint is suspended if the Operator has not received all the documents necessary for settling the complaint, until the documents are delivered.
14. After the complaint has been properly settled, the Operator or an entity designated by it will invite the Consumer to take over the repaired Goods.
15. The right to claim rights arising from defects in the Goods expires in the event of improper handling, i.e. in particular when using the Goods in unsuitable conditions.
Privacy and Cookies
We protect your personal data as required by law. We even have a special document for this. We also store cookies, if you want to disable this, you can do so in your browser.
1. The Operator is legally obliged to protect and secure the personal data provided. The Operator therefore uses various effective security technologies to protect personal data from unauthorized access or use.
2. More detailed information on personal data protection can be found in the Privacy Policy here: https://www.kinsukira.com/personal-data
3. The User agrees to sending information related to the Goods to the User's email address and further agrees to sending the Operator's commercial communications to the User's email address. The same applies to sending by other means of distance communication (mail, fax, telephone, etc.). All this after specific consent to the given matter (in writing or electronically). The User may revoke this consent at any time.
4. The User agrees to the storage of so-called cookies on his computer. In the event that the purchase in the E-shop can be made and the Operator's obligations from the Purchase Agreement fulfilled without the storage of so-called cookies on the User's computer, the User may revoke the consent in accordance with the previous sentence at any time. Cookies do not pose a danger, but they are important for the protection of privacy. Cookies cannot be used to determine the identity of site visitors or to misuse login details. The use of cookies can be restricted or blocked in the web browser settings.
Operator's Statement
If some goods are significantly cheaper than they should be, it is probably an error and we do not sell the goods at these prices. When you order such goods, we will let you know what the real price is and you can decide whether you want it.
Even photos can sometimes be deceiving, it also depends on how your screen is set.
1. The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against changes.
2. Due to a technical error in the E-shop, the purchase price of the Goods may be displayed, the amount of which does not correspond to the usual price for such goods on the market; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price, contacts the User and informs him of the actual purchase price and the User has the right to decide whether to accept the Goods at the actual purchase price, and if this does not happen, the Purchase Agreement is cancelled from the beginning.
3. The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may give a misleading impression as a result of their conversion to display on the User's technical device, therefore the User is obliged to always familiarize himself with the full description of the Goods and, in case of any ambiguities, contact the Operator.
4. Operator's contact details: info@kinsukira.com
Final provisions
We conclude contracts for countries in the European Union, i.e. in order to maintain comprehensibility for everyone in English. However, the Operator is based in the Czech Republic and is governed by Czech law. The conditions are part of the contract and the contract takes precedence.
1. These Business Terms and Conditions, as well as the Purchase Contract, are governed by the legal order of the Czech Republic, in particular the Civil Code.
2. These Business Terms and Conditions are drawn up in the Czech language here. In case of doubt, the terms and conditions in the Czech language take precedence. The Purchase Contract is concluded in the English language.
3. These Terms and Conditions are an integral part of the Purchase Agreement. Any different provisions of the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.
4. The Operator is not bound by any codes of conduct in relation to the User within the meaning of Section 1826, paragraph 1, letter e) of the Civil Code.
5. These Terms and Conditions are effective from 1.11.2025.