Terms of service
GENERAL TERMS AND CONDITIONS OF THE KALINUMX ONLINE STORE
of the online store www.kalinumx.com
Seller: Lukáš Kalina, KalinumX
Registration No.: 87590221
VAT ID: CZ8709225217
Registered address: Dyjákovičky 93, 669 02 Znojmo, Czech Republic
E-mail: info@kalinumx.com
Website: www.kalinumx.com
Effective from: 29 April 2026
Decisive language version: Czech version
1. BASIC PROVISIONS
1.1
These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the mutual rights and obligations between the seller and the buyer when purchasing goods, digital content, services, personalized products, custom-made production, laser marking, engraving, 3D printing, graphic services and other related services through the online store www.kalinumx.com
.
1.2
The seller is:
Lukáš Kalina
KalinumX
Registration No.: 87590221
VAT ID: CZ8709225217
Registered address: Dyjákovičky 93, 669 02 Znojmo, Czech Republic
E-mail: info@kalinumx.com
Website: www.kalinumx.com
hereinafter referred to as the “seller”.
1.3
These Terms and Conditions are issued in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code of the Czech Republic, as amended.
1.4
The buyer is:
a) a consumer – a natural person who enters into a contract with the seller or otherwise deals with the seller outside the scope of their business activity or independent professional activity,
b) an entrepreneur / business customer – a natural or legal person acting within the scope of their business activity or independent professional activity.
1.5
Provisions of these Terms and Conditions that provide special protection to consumers shall not apply to a buyer who is an entrepreneur / business customer.
1.6
A purchase contract, contract for work, service contract or any other contractual relationship between the seller and the buyer (hereinafter collectively referred to as the “contract”) shall be governed by the laws of the Czech Republic.
1.7
These Terms and Conditions are drawn up in the Czech language. In the event of language translations, the Czech version shall prevail.
1.8
The online store may also be accessible through other domains, subdomains, redirects or technical addresses, in particular:
www.kalinumx.com
kalinumx.com
www.kalinumx.eu
kalinumx.eu
kalinumx.myshopify.com
All these addresses may be related to one online store operated by the seller. Redirection between domains does not affect the validity of the concluded contract or these Terms and Conditions.
1.9
The seller reserves the right to amend or supplement these Terms and Conditions. For a specific order, the version of the Terms and Conditions effective at the time of conclusion of the contract shall apply, unless otherwise agreed between the parties.
1.10
Individual agreements concluded between the seller and the buyer shall prevail over these Terms and Conditions.
2. OFFER OF GOODS, SERVICES AND CUSTOM-MADE PRODUCTION
2.1
The online store mainly contains an offer of finished products, personalized products, products with the possibility of engraving or laser marking, products manufactured or modified to order, 3D printed products, digital outputs, graphic services, AI/digital services, gift and corporate items, technical marking and related services.
2.2
The presentation of goods and services in the online store is for informational purposes only and does not constitute a binding offer to conclude a contract, unless expressly stated otherwise in a specific offer.
2.3
Photographs, visualizations, 3D previews, macro photographs, engraving samples, color variants, material samples and illustrative images in the online store are for informational and presentation purposes. The actual appearance of the product may reasonably differ, especially depending on the material, surface finish, production batch, lighting conditions, monitor settings, selected engraving method, type of laser marking, manual finishing or technological production process.
2.4
For personalized, engraved, laser-marked, 3D printed, custom-made or otherwise individually modified products, the buyer acknowledges that each item may be unique. Reasonable differences in shade, marking contrast, engraving depth, motif placement, material grain, texture, structure, minor production tolerances or manual finishing shall not constitute a defect if they do not prevent normal use of the product and correspond to the nature of the technology used.
2.5
For products manufactured or modified according to the buyer’s requirements, the approved specification, order, technical specification, graphic design, individual communication or another written confirmed basis shall be decisive.
2.6
The seller is entitled to refuse an order or custom request if it is clearly technically unfeasible, legally risky, contrary to good morals, infringes third-party rights, contains illegal, hateful, extremist, discriminatory, violent, pornographic, offensive or otherwise inappropriate content, or if its realization could damage the good reputation of the seller.
2.7
The seller reserves the right to propose an adjustment of the specification so that it is technically, aesthetically or production-wise suitable. However, without the buyer’s consent, the seller is not obliged to make substantial changes to the content, motif or text.
2.8
For goods with an age restriction, erotic, sensual, suggestive or otherwise sensitive motifs, or products marked as 18+, the buyer is obliged to confirm that they are over 18 years of age. The seller reserves the right to refuse, cancel or additionally verify such an order if there are doubts about the buyer’s age, the suitability of the content or the compliance of the order with legal regulations.
3. ORDER AND CONCLUSION OF THE CONTRACT
3.1
The buyer places an order through the online store, customer account, order form, e-mail communication or another method approved by the seller.
3.2
Before submitting the order, the buyer has the opportunity to check and change the data entered in the order.
3.3
The order is submitted by clicking a button marked as “Order with obligation to pay”, “Order binding for payment”, “Pay”, “Complete order” or another similarly clear designation.
3.4
By submitting the order, the buyer confirms that:
a) they have read these Terms and Conditions,
b) they have read the Shipping Policy, complaint and return conditions and Privacy Policy,
c) they have provided correct, complete and truthful information,
d) they agree with the price, product description and any individual conditions of the custom order,
e) they acknowledge the special rules for personalized, custom-made, digital and 18+ products,
f) for shipments outside the European Union, they acknowledge the possible occurrence of local import fees, customs duties, taxes or carrier fees according to the rules of the destination country.
3.5
The submitted order constitutes a binding offer by the buyer to conclude a contract.
3.6
After the order is submitted, the seller or the online store system shall send the buyer confirmation of receipt of the order to the e-mail address provided by the buyer.
3.7
The contract is concluded at the moment the order is confirmed by the seller, or at the moment of payment acceptance, commencement of performance, dispatch of the goods or any other clear confirmation of order acceptance by the seller, depending on the nature of the specific order.
3.8
The seller reserves the right not to accept or to cancel an order, especially in the event of:
a) an obvious pricing error,
b) a technical system error,
c) unavailability of the product or material,
d) stock being sold out,
e) incorrect or incomplete buyer information,
f) suspicion of fraudulent conduct,
g) inappropriate, illegal or risky content,
h) inability to carry out the custom order in the required quality, time or scope,
i) breach of these Terms and Conditions by the buyer.
3.9
In the event of an obviously incorrect price, for example a price caused by a technical error, typo or system failure, the seller is not obliged to deliver the goods at that price, even if the order has been automatically confirmed.
3.10
The contract is archived by the seller in electronic form. The buyer is sent the order confirmation and related documents to the e-mail address provided in the order.
4. PRICE, PAYMENT AND INVOICING
4.1
Prices in the online store are stated including VAT, unless expressly stated otherwise.
4.2
The price of goods does not include shipping costs, packaging, customs duties, import VAT, import tax, customs fees, carrier fees for customs representation, storage fees, shipment processing fees or other local fees or costs charged by public authorities, the carrier, customs representative, payment service or another third party, unless expressly stated otherwise for a specific order.
4.3
Before submitting the order, the buyer is informed of the total price payable to the seller through the online store, especially the price of goods, selected services, shipping, packaging and taxes charged by the seller, if applicable. This does not affect the possible occurrence of additional costs upon delivery of a shipment outside the European Union pursuant to Article 7 of these Terms and Conditions.
4.4
The seller may accept payments in particular by:
a) online payment card,
b) payment gateways and payment services,
c) bank transfer,
d) cash on delivery, if available,
e) cash or card upon personal pickup, if personal pickup is enabled,
f) cryptocurrency, if this option is expressly offered.
4.5
When paying by bank transfer, the buyer is obliged to provide the correct variable symbol or other payment identification. The order may be processed only after the payment is credited to the seller’s account.
4.6
For custom-made production, personalized products, corporate orders, 3D printing, technical parts, larger series, digital services or individual realizations, the seller may require advance payment, a deposit, payment of the balance before dispatch or another individually agreed payment arrangement.
4.7
For personalized and custom-made products, the seller may begin preparation, graphic work, purchase of material, production or other performance only after payment of the order or the agreed deposit.
4.8
In the event of payment by cryptocurrency, the buyer is responsible for correctly entering the address, network, currency, amount and other transaction details. The seller is not responsible for loss of funds caused by an incorrectly executed transaction, use of an incorrect network, sending a different cryptocurrency or an error on the buyer’s side.
4.9
When paying in a currency other than CZK, the exchange rate of the payment gateway, bank, payment provider or other payment processor shall apply. Any exchange rate differences, bank fees or payment provider fees shall be borne by the buyer, unless stated otherwise.
4.10
The tax document is issued after receipt of payment or in accordance with applicable legal regulations and is sent electronically to the buyer’s e-mail address or attached to the shipment.
4.11
Discounts, coupons, gift cards and other promotional offers cannot be combined unless the seller determines otherwise.
4.12
If the buyer cancels an order for custom-made or personalized production after preparation, graphic work, purchase of material or production has begun, the seller is entitled to require payment of already incurred costs, the value of work performed, materials used and reasonable cancellation costs, if permitted by the nature of the order and legal regulations.
5. PERSONALIZATION, CUSTOM-MADE PRODUCTION AND APPROVAL OF DESIGNS
5.1
A personalized or custom-made product means in particular a product or service created, modified, engraved, laser-marked, printed, cut, milled, 3D printed, graphically processed or otherwise adapted according to the buyer’s requirements.
5.2
Personalization includes in particular the addition of:
a) a name, initials, date, text or dedication,
b) a logo, brand, symbol or corporate identity,
c) a photograph, drawing, motif or graphic,
d) a QR code, barcode, serial number or technical marking,
e) an individual size, shape, color, combination of materials or surface finish,
f) a specific placement of the marking,
g) another requirement that makes the product individual for a specific buyer.
5.3
The buyer is responsible for the correctness, completeness and quality of all materials provided to the seller. This applies in particular to texts, names, dates, diacritics, translations, logos, photographs, graphics, QR codes, links, contact details, technical drawings, dimensions, files and other information.
5.4
The seller is not responsible for errors resulting from incorrect, incomplete, poor-quality, illegible, damaged or improperly prepared materials supplied by the buyer.
5.5
The buyer is responsible for having the right to use all materials provided to the seller, in particular logos, trademarks, photographs, graphics, texts, fonts, works of art, QR codes, licensed motifs and other items protected by third-party rights.
5.6
The buyer is responsible for ensuring that the supplied materials do not infringe copyrights, trademark rights, rights to a business name, personality rights, rights to the protection of likeness, database rights, design rights or any other third-party rights.
If the buyer provides the seller with their own texts, photographs, likenesses of persons, logos, graphics, motifs, names, voices, videos, personal data or other materials intended for personalization, custom-made production, digital processing or the production of a product marked as 18+, the buyer confirms that they are entitled to use such materials and provide them to the seller for processing. The buyer also confirms that they have, where applicable, the consent of all persons concerned by the supplied materials, photographs, likenesses, personal data, sensitive content or motif. The buyer is responsible for ensuring that the supplied materials do not infringe any third-party rights, personality rights, copyrights, trademark rights or applicable laws.
5.7
The buyer undertakes to compensate the seller for any damage, costs, claims or other harm arising in connection with the fact that materials supplied by the buyer infringed third-party rights or legal regulations.
5.8
If the seller creates a design, visualization, graphic preparation, digital preview or other material for approval, the buyer is obliged to carefully check it before approval. The check includes in particular text, spelling, diacritics, names, dates, logos, dimensions, placement, orientation, QR code, legibility and overall execution.
5.9
By approving the design, the buyer confirms that the design corresponds to their requirements and that the seller may begin production. Errors contained in the approved design or in the buyer’s materials are not a defect of the product.
5.10
If the buyer expressly requests production without prior approval of the design or without proofreading, the buyer bears responsibility for the correctness of the specification and the resulting execution to the extent that it is based on the buyer’s materials.
5.11
The seller is entitled to make reasonable technical adjustments to materials necessary for production, such as adjusting size, contrast, alignment, converting to curves, simplifying details, removing unsuitable elements or technological optimization of the motif.
5.12
A minor deviation in placement, size, shade, contrast, depth, texture or intensity of marking caused by production technology, material, manual finishing or production tolerance shall not constitute a defect if it does not prevent normal use of the product.
5.13
For laser marking, engraving, 3D printing, manual assembly and custom modifications, the buyer acknowledges that the result may be affected by the nature of the material, surface finish, production batch, shape of the product, reflection, lacquer layer, anodizing, wood structure, stone grain, composition of plastic, ceramics or other material.
5.14
The seller is not responsible for the unsuitability of a material or item supplied by the buyer if the buyer insists on its use even after the seller has warned them of possible risk. If the material cannot be verified in advance, the buyer bears the risk of the technological test.
5.15
For items supplied by the buyer for engraving, marking, 3D addition or other modification, the seller is not responsible for hidden material defects, previous damage, unsuitable surface finish, deformation, cracking, color change, reaction of lacquer, coating, adhesive or other technological reaction if caused by the properties of the supplied item.
5.16
If the buyer supplies their own item for modification, it is recommended to provide a spare item for testing. If no spare item is provided, the buyer acknowledges the increased risk of irreversible modification.
5.17
For corporate series, B2B orders, technical labels, industrial marking, QR codes, serial numbers and production labels, the buyer is obliged to check the correctness of data before production. The seller is not responsible for damage caused by incorrect data supplied by the buyer.
6. 18+ CONTENT, SENSITIVE CONTENT AND PROHIBITED CONTENT
6.1
Some products, motifs, graphics or custom realizations may be marked as 18+, sensitive content, sensual design, erotic motif or otherwise age-restricted content.
6.2
By submitting an order for a product marked as 18+, the buyer confirms that they are over 18 years of age and are entitled to order and receive such goods.
6.3
The seller reserves the right to refuse, cancel or suspend an order if there is reasonable suspicion that the buyer does not meet the age limit or that the content of the order is contrary to legal regulations, good morals or the seller’s rules.
6.4
The seller does not manufacture or sell content that is illegal, extremist, hateful, discriminatory, supports violence, terrorism, self-harm, abuse of persons, minors, illegal activity or infringement of third-party rights.
6.5
The seller reserves the right to refuse the production of pornographic, explicit, grossly offensive or otherwise inappropriate content, even without giving a reason.
6.6
The buyer is responsible for the legality, suitability and authorization to use the motif, text, photograph or other content provided to the seller.
6.7
For products with a sensitive, erotic or 18+ motif, the availability of certain payment methods, shipping methods, advertising channels, marketplaces or international delivery may be limited.
7. DELIVERY OF GOODS AND SERVICES
7.1
Delivery conditions are governed by the separate Shipping Policy published in the online store.
7.2
Available shipping methods are displayed to the buyer in the cart or at checkout according to the delivery address, product type, weight, dimensions and current options of carriers.
7.3
Unless otherwise agreed for the product, order or individual custom order, the goods shall be delivered without undue delay, no later than 30 days from the conclusion of the contract.
7.4
For custom-made production, personalized products, 3D printing, technical products, larger series, B2B orders, digital services or products manufactured according to the buyer’s materials, the delivery period may be longer. The indicative or binding delivery period is stated for the product, in the offer, in the order confirmation or individually agreed.
7.5
The seller is not responsible for delays caused by the carrier, customs procedure, incorrect buyer information, failure to collect the shipment, supplier outages, force majeure or other circumstances that the seller could not reasonably influence.
7.6
The buyer is obliged to accept the goods at the address stated in the order.
7.7
Failure to accept the shipment does not constitute withdrawal from the contract. If the shipment is returned due to non-collection, incorrect address or failure of the buyer to provide cooperation, the seller may require reimbursement of shipping costs, storage costs, re-dispatch costs and other reasonably incurred costs.
7.8
Upon receipt of the shipment, the buyer is obliged to check the integrity of the packaging. In the event of obvious damage to the shipment, the seller recommends not accepting the shipment or accepting it only with a written damage report from the carrier and documenting the damage without delay.
7.9
For shipments delivered outside the European Union, additional costs may arise upon import into the destination country, in particular customs duties, import VAT, import tax, local tax on low-value goods, customs clearance fees, carrier fees for customs representation, storage fees or other fees according to the laws and practices of the destination country. These costs are not included in the order price or shipping price unless expressly stated otherwise for a specific order. These costs shall be paid by the buyer.
7.10
The buyer is responsible for ensuring that the ordered goods may be imported into, received and used in their country in accordance with local laws, customs rules, import restrictions, safety requirements and any age, technical or content restrictions of the destination country.
7.11
Unless it is expressly stated for a specific order that customs duties, import taxes or other import fees are collected by the seller already at checkout, a shipment outside the European Union is sent under a regime where any import fees are paid by the buyer upon import, delivery or upon request by the carrier, customs representative or relevant authority of the destination country.
7.12
The seller does not have full control over the amount of customs duties, import taxes, local fees, carrier customs representation fees or the procedure of customs authorities in the destination country. Any information about possible import costs provided in the online store, cart, checkout, communication or documents is indicative only, unless expressly stated otherwise.
7.13
If the buyer refuses to pay import fees, fails to provide the necessary cooperation in customs proceedings, fails to accept the shipment or the shipment is returned to the seller for these reasons, this shall not constitute proper withdrawal from the contract. The seller is entitled to require reimbursement of costs associated with shipping, return of the shipment, storage, customs proceedings, carrier fees and other reasonably incurred costs.
7.14
The buyer acknowledges that customs authorities, the carrier or customs representative may require additional data, documents or cooperation necessary for import of the shipment. Failure to provide cooperation may result in delayed delivery, additional charges, return of the shipment or its detention according to the rules of the destination country.
7.15
If the seller expressly states for a selected order that customs duties, import taxes or other import fees are included in the price or collected at checkout, such express agreement shall apply only to that specific order, country, shipping method and scope of fees stated at checkout.
8. DIGITAL CONTENT, AI SERVICES AND ELECTRONIC OUTPUTS
8.1
Digital content or a digital service means in particular graphic designs, digital files, AI-generated outputs, visualizations, 3D models, templates, data files, electronic instructions, digital licenses or other outputs delivered electronically.
8.2
Digital content is delivered electronically, especially by e-mail, download link, customer account or another agreed method.
8.3
For digital content not supplied on a tangible medium, the buyer – consumer expressly agrees to the commencement of performance before expiry of the withdrawal period if they confirm this option during the order or in communication, and acknowledges that this may result in loss of the right to withdraw from the contract in cases provided by law.
8.4
The buyer is responsible for having suitable technical equipment, software and compatible devices for opening and using digital content, if technical requirements were stated for the product or service.
8.5
The seller is not responsible for the inability to use digital content caused by incompatible software, outdated equipment, missing programs, incorrect buyer settings or unauthorized interference with the file.
8.6
Unless expressly agreed otherwise, digital outputs, graphic designs, AI outputs, production files, templates and visualizations are provided only for the purpose ordered by the buyer and may not be resold, licensed, distributed or commercially used in a manner not approved in advance in writing by the seller.
8.7
Source files, working files, production settings, laser parameters, 3D printing settings, internal procedures, layers, fonts, templates, macros, production data and the seller’s know-how are not included in the delivery unless expressly agreed otherwise in writing.
8.8
For digital services, AI services, creative videos, music, songs, fairy tales, stories, graphic designs, animations and similar outputs, the buyer acknowledges that the resulting work may be created by combining the buyer’s creative brief, creative processing by the seller, AI-generated outputs, third-party tools, editing, adjustments, post-production and other digital processes.
8.9
When creating digital and AI outputs, the seller may use in particular tools for generating text, images, music, voice, video, animations, graphics, editing, sound or post-production. The use of a specific tool is part of the seller’s internal creative process, unless expressly agreed otherwise.
8.10
The buyer acknowledges that AI-generated outputs may not be absolutely unique and that the seller cannot guarantee that a similar output will not also be created by another user, another tool or another system. This does not affect the seller’s obligation to deliver an output corresponding to the agreed specification and scope of service.
8.11
Unless expressly agreed otherwise, the buyer obtains a non-exclusive right to use the delivered final digital output for the purpose stated for the product, in the order or in an individual agreement. Unless otherwise stated, the output is intended mainly for the buyer’s personal, family, gift or internal use.
8.12
Commercial use of a digital or AI output, in particular use in advertising, paid campaigns, corporate presentations, brand social media, within business activities, further sale, sublicensing, distribution or public monetized use, is possible only if such use is expressly stated for the product, in the order, in the selected package or separately approved in writing by the seller.
8.13
Source files, working files, prompts, intermediate outputs, layers, project files, internal procedures, know-how, AI tool settings, third-party licenses and accounts used by the seller are not included in the delivery unless expressly agreed otherwise in writing.
8.14
The buyer is responsible for ensuring that all materials provided to the seller for the creation of digital or AI output, especially photographs, videos, texts, names, voices, logos, trademarks, music references, motifs, personal data and other materials, may be used by the buyer and provided to the seller for processing.
8.15
The seller is not responsible for infringement of third-party rights caused by the buyer supplying unauthorized, false, unsuitable, illegal or otherwise defective materials. The buyer undertakes to compensate the seller for any damage, costs or third-party claims arising in connection with breach of this obligation.
8.16
For digital content or a digital service created according to the buyer’s individual specification, performance may begin after order confirmation, payment of the price or deposit and delivery of the necessary materials. If the buyer – consumer expressly agrees to the commencement of performance before expiry of the withdrawal period and acknowledges that this may result in loss of the right to withdraw from the contract, withdrawal from the contract shall be governed by the relevant provisions of the Civil Code.
9. CUSTOMER ACCOUNT
9.1
The buyer may create a customer account in the online store if the online store offers this option.
9.2
When registering and ordering, the buyer is obliged to provide correct, complete and truthful information and to update it without undue delay if it changes.
9.3
The buyer is obliged to protect access to their customer account and bears responsibility for activity performed through the account if they enabled its misuse.
9.4
The seller may cancel or restrict a customer account, especially in the event of breach of these Terms and Conditions, misuse of the account, suspicion of fraudulent conduct, inactivity or technical or security reasons.
9.5
The seller is not obliged to ensure uninterrupted operation of the customer account, especially in the event of maintenance, updates, technical malfunction or third-party intervention.
9.6
The processing of personal data is governed by the separate Privacy Policy.
10. WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER
10.1
A buyer who is a consumer has the right to withdraw from a contract concluded through the online store without giving a reason within 14 days.
10.2
For the purchase of goods, the withdrawal period begins on the day the goods are received by the consumer or by a third party designated by the consumer other than the carrier. If the order is divided into several deliveries, the period begins on the day of receipt of the last delivery or last item of goods.
10.3
Withdrawal from the contract must be sent to the seller within the 14-day period. The consumer may send withdrawal in particular:
a) by e-mail to info@kalinumx.com
,
b) in writing to the seller’s registered address,
c) by another clear statement made to the seller.
10.4
The consumer is not obliged to state a reason for withdrawal from the contract.
10.5
The consumer is obliged to send or hand over the goods back to the seller without undue delay, no later than 14 days from the day of withdrawal from the contract.
10.6
The costs associated with returning the goods shall be borne by the consumer, unless legal regulations or an individual agreement provide otherwise.
10.7
The consumer is responsible for any reduction in the value of the goods resulting from handling the goods in a manner other than necessary to become familiar with their nature, characteristics and functionality.
10.8
The seller shall refund the consumer within 14 days of withdrawal from the contract, using the same method by which the payment was received, unless the parties agree otherwise.
10.9
The seller is not obliged to refund the funds before the goods are returned or before the consumer proves that the goods have been sent to the seller, whichever occurs first.
10.10
The seller refunds delivery costs only in the amount corresponding to the cheapest offered method of delivery of the goods.
10.11
If a gift or free accessory is part of the order, the consumer is obliged to return it together with the goods upon withdrawal from the contract.
10.12
The consumer may not withdraw from the contract in the cases stated in Section 1837 of the Civil Code, in particular:
a) supply of goods manufactured according to the consumer’s requirements or adapted to their personal needs,
b) supply of digital content not supplied on a tangible medium after performance has begun under the conditions provided by law,
c) provision of services if they have been fully provided under the conditions provided by law,
d) supply of goods in sealed packaging which are not suitable for return for health protection or hygiene reasons after the consumer has opened the packaging,
e) supply of goods which, due to their nature, have been inseparably mixed with other goods after delivery,
f) other cases provided by law.
10.13
For the purposes of these Terms and Conditions, goods manufactured according to the consumer’s requirements or adapted to their personal needs include in particular goods with individual engraving, laser marking, custom text, name, date, logo, photograph, QR code, motif, size, color, surface finish, 3D printing, technical marking or any other modification made according to the buyer’s specification.
10.14
For personalized and custom-made products, withdrawal from the contract is not possible solely because the buyer later changed their mind about the text, motif, color, placement, size, purpose of use or another individually specified feature, provided that the product corresponds to the approved specification or order.
10.15
The consumer’s rights arising from defective performance are not affected. If a personalized or custom-made product has an actual defect, the buyer may file a complaint under these Terms and Conditions.
10.16
A withdrawal form may be provided to the buyer electronically or published in the online store.
11. WITHDRAWAL FROM THE CONTRACT BY THE SELLER
11.1
The seller is entitled to withdraw from the contract or cancel the order, especially in the event of:
a) unavailability of goods, material or service,
b) stock being sold out,
c) a technical error in the price or product description,
d) an obviously incorrect price,
e) inability to carry out the custom order according to the buyer’s requirements,
f) unsuitable, illegal or risky materials,
g) infringement of third-party rights,
h) non-payment of the price or deposit,
i) failure of the buyer to provide necessary cooperation,
j) incorrect or incomplete buyer information,
k) suspicion of fraudulent conduct,
l) force majeure or another obstacle that the seller could not reasonably influence.
11.2
In the event of withdrawal from the contract by the seller, the buyer shall be informed by e-mail or another contact provided in the order.
11.3
If the buyer has already paid the price and the seller withdraws from the contract before performance has begun, the seller shall refund the received funds without undue delay, no later than within 14 days, unless the parties agree otherwise.
11.4
If performance has already begun for custom-made production, a personalized product or individual service based on the buyer’s request, the seller may offset reasonably incurred costs, the value of work performed, graphic preparation, material used or other legitimate costs, if permitted by law.
12. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE AND COMPLAINTS
12.1
The rights and obligations of the contracting parties relating to rights arising from defective performance are governed by the Civil Code and the Consumer Protection Act.
12.2
The seller is responsible to the buyer that the item is free from defects and corresponds to the contract upon receipt.
12.3
The goods correspond to the contract in particular if:
a) they correspond to the description, type, quantity, quality and other agreed characteristics,
b) they are suitable for the purpose for which they are usually used,
c) they are suitable for the purpose communicated by the buyer to the seller and accepted by the seller,
d) they are delivered with accessories and instructions if usual or agreed for the goods,
e) they correspond to the approved design, specification or individual specification.
12.4
For consumers, rights arising from defective performance may be exercised for a defect that appears within two years from receipt.
12.5
If a defect appears within one year from receipt, it is presumed that the item was already defective upon receipt, unless the nature of the item or defect excludes this.
12.6
In the event of a defect, the buyer may request removal of the defect. At their choice, the buyer may request delivery of a new item without defect or repair of the item, unless the chosen method of defect removal is impossible or disproportionately costly compared with the other method.
12.7
The seller may refuse to remove a defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the item would have without the defect.
12.8
The buyer may request a reasonable discount or withdraw from the contract in cases provided by law, especially if the seller fails to remove the defect within a reasonable time, refuses to remove the defect, the defect appears repeatedly or the defect constitutes a material breach of contract.
12.9
The buyer shall not have rights arising from defective performance in particular if:
a) the buyer caused the defect,
b) the buyer knew about the defect upon receipt,
c) the defect was caused by normal wear and tear,
d) the defect was caused by improper use, storage, maintenance or cleaning,
e) the defect was caused by mechanical damage,
f) the defect was caused by intervention by the buyer or a third party,
g) the defect was caused by use contrary to instructions, purpose or the seller’s recommendation,
h) the defect was caused by materials, text, logo, size, data or instructions supplied by the buyer,
i) the buyer complains about a characteristic of which they were informed in advance,
j) it is a reasonable technological, material or production deviation corresponding to the nature of the product.
12.10
For personalized and custom-made products, the following in particular shall not be considered defects:
a) an error in text, name, date, logo, QR code or other material if it was contained in the buyer’s specification or approved design,
b) a difference caused by poor-quality or unsuitable material supplied by the buyer,
c) minor deviation in placement, size, contrast, shade, texture, engraving depth or marking intensity,
d) characteristics resulting from natural material, production batch, structure, surface, manual finishing or technological process,
e) change in appearance caused by improper maintenance, cleaning, storage or use.
12.11
The buyer may file a complaint:
a) by e-mail to info@kalinumx.com
,
b) in writing or personally at Dyjákovičky 93, 669 02 Znojmo, Czech Republic.
12.12
When filing a complaint, the buyer is obliged to provide:
a) order number or other proof of purchase,
b) description of the defect,
c) requested method of complaint resolution,
d) contact details,
e) photographs or other materials proving the defect, if appropriate.
12.13
The seller shall confirm receipt of the complaint without undue delay and issue the buyer confirmation of filing the complaint.
12.14
A consumer complaint shall be resolved without undue delay, no later than within 30 days from the date of filing, unless the seller and the consumer agree on a longer period.
12.15
The buyer shall be informed of the method of complaint resolution.
12.16
In the event of a justified complaint, the consumer has the right to reimbursement of reasonably incurred costs associated with the complaint.
12.17
For an entrepreneur / business customer, rights arising from defective performance are governed by the Civil Code, with the seller not being liable for indirect damages, lost profits, loss of orders, loss of data, operational downtime or other consequential damages, if permitted by law.
12.18
For B2B orders, technical marking, corporate series, industrial labels, QR codes, serial numbers and products intended for further use, the buyer – entrepreneur / business customer is obliged to inspect the delivered goods without undue delay after receipt.
13. LIABILITY AND LIMITATION OF LIABILITY
13.1
The seller is liable to the buyer to the extent provided by legal regulations.
13.2
The seller is not liable for damage caused by:
a) improper use of the product,
b) improper maintenance or cleaning,
c) improper storage,
d) mechanical damage,
e) use of the product for a purpose other than the usual or agreed purpose,
f) unprofessional intervention by the buyer or a third party,
g) an error in the buyer’s materials,
h) infringement of third-party rights by the buyer,
i) incompatibility of digital content with the buyer’s device if the technical specification was properly stated,
j) circumstances of force majeure.
13.3
The seller is not responsible for the buyer’s decision to use the product for a specific technical, industrial, safety, legal, medical, food-contact, certification-related or otherwise regulated purpose if such purpose was not expressly agreed in writing with the seller in advance.
13.4
The seller’s products are not intended as certified safety, medical, protective, fire protection, aviation, automotive, electrical, food-contact or other regulated components unless expressly stated for a specific product or in an individual contract.
13.5
The buyer is responsible for ensuring that the use of the product corresponds to its purpose, local legal regulations, safety requirements and any technical standards.
13.6
For products intended for children, animals, food contact, outdoor use, industrial marking or other special use, the buyer is obliged to follow the information stated for the product and any instructions from the seller.
13.7
The seller is not responsible for damage arising from the buyer using a personalized product, label, QR code, corporate marking, logo, text or technical element incorrectly or contrary to the purpose for which the product was ordered.
14. FORCE MAJEURE
14.1
The seller shall not be liable for impossibility or delay in performance caused by force majeure or circumstances that the seller could not reasonably influence.
14.2
Force majeure includes in particular natural disasters, fires, floods, pandemics, epidemics, war conflicts, strikes, transport outages, supplier outages, energy outages, internet outages, cyberattacks, interventions by public authorities, customs delays, changes in legal regulations or other extraordinary circumstances.
14.3
Delivery periods shall be reasonably extended for the duration of force majeure.
14.4
If a force majeure circumstance lasts so long that it prevents fulfillment of the contract, the seller or the buyer may withdraw from the contract to the extent that performance is impossible.
15. PERSONAL DATA PROTECTION
15.1
The seller processes the buyer’s personal data in accordance with applicable personal data protection laws.
15.2
Detailed information on the processing of personal data is provided in the separate Privacy Policy published in the online store.
15.3
The buyer acknowledges that for personalized products, the seller may also process data contained in supplied materials, such as names, texts, photographs, logos, dates, dedications, QR codes or other information provided by the buyer for the purpose of fulfilling the order.
15.4
The buyer is responsible for having consent or another legal basis for providing personal data of third parties to the seller if such data are provided for production or personalization purposes.
16. REVIEWS, REFERENCES AND EXAMPLES OF REALIZATIONS
16.1
The seller may publish buyer reviews in accordance with the rules of the online store and legal regulations.
16.2
The seller may use photographs or examples of completed products for presentation, portfolio and marketing purposes only to a reasonable extent and provided that this does not disproportionately infringe the rights of the buyer or third parties.
16.3
For corporate orders, personal gifts, products with personal data, private photographs, sensitive content or 18+ content, the seller shall not publish identifiable content without a reasonable reason or without consent if this could interfere with the rights of the buyer or a third party.
16.4
The buyer may request during the order or afterwards that a specific realization not be used in the seller’s portfolio.
17. OUT-OF-COURT RESOLUTION OF CONSUMER DISPUTES
17.1
A buyer who is a consumer has the right to out-of-court resolution of a consumer dispute arising from a purchase contract or service contract.
17.2
The authority for out-of-court resolution of consumer disputes is:
Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Štěpánská 567/15
120 00 Prague 2
Website: https://www.coi.cz
ADR: https://www.coi.cz/informace-o-adr/
17.3
In the event of cross-border disputes, the consumer may also use the assistance of the European Consumer Centre Czech Republic:
https://evropskyspotrebitel.cz/
17.4
The seller recommends that the buyer first contact the seller at info@kalinumx.com
in order to resolve the matter amicably.
18. FINAL PROVISIONS
18.1
These Terms and Conditions form an integral part of the contract concluded between the seller and the buyer.
18.2
If any provision of these Terms and Conditions is invalid or ineffective, this shall not affect the validity of the remaining provisions.
18.3
Legal relations between the seller and the buyer shall be governed by the laws of the Czech Republic. This shall not affect the consumer’s rights arising from mandatory provisions of the laws of the country of the consumer’s habitual residence, if applicable.
18.4
Any disputes shall be resolved by the competent courts of the Czech Republic, unless legal regulations provide otherwise.
18.5
These Terms and Conditions enter into force on 29 April 2026.
