Business Terms & Conditions
I. Introduction
The following General Business Terms and Conditions (“General Business Terms and
Conditions”) regulate the relationships of parties to a purchase/licence agreement
entered into by and between KUBERG.cz , Co. Reg. No. 29382696, VAT Reg. No. CZ29382696,
with its registered office at Zengrova 630/83, Ostrava – Vítkovice, 703 00, Czech
Republic registered in the Commercial Register with the Municipal Court in Ostrava,
File No. C37860 (“KUBERG”), and the purchaser (“Purchaser”). Detailed information
about KUBERG is available at www.KUBERG.com, section "about us". Purchaser is a
consumer or an entrepreneur. Consumer is a private individual acting in a private
capacity, entering into an agreement or otherwise dealing with KUBERG. Entrepreneur
is an individual licensed to get engaged in business on one’s own account and responsibility
with an intention to generate profit on a continuous basis. For the purposes of
consumer protection, an entrepreneur is (including but not limited to) an individual
entering into contracts/agreements relating to the entrepreneur’s business, manufacturing
or similar activities or employment; or an individual acting on behalf or on account
of an entrepreneur in question. For the purposes hereof, an entrepreneur is an individual
acting in compliance with the preceding sentence as part of one’s own business.
If completing the registration number in the order, the entrepreneur acknowledge
having been bound by the rules stipulated in the General Business Terms and Conditions
for Entrepreneurs. By placing the order, the Purchaser acknowledges having been
familiarised with these General Business Terms and Conditions prior to entering
into the agreement, namely with the representations and warranties given in Part
II hereof, as well as with the Claims Code and Delivery Information constituting
an integral part hereof, and explicitly agrees to the same in the wording valid
and effective as at the moment of placing the order. The Purchaser acknowledges
that the registered trademarks, trade names, company logos, etc. of KUBERG or KUBERG’s
contractual partners cannot be used by the Purchaser by virtue of having purchased
the products offered by KUBERG, unless a specific agreement individually provides
otherwise. When accepting the goods and/or services, the Purchaser is issued an
invoice including the basic details of the agreement. The Purchaser will obtain
a General Trade Conditions (GTC) copy in the form of a link on the order confirmation
to the specified e-mail address. An invoice containing essential contract information,
including receipts according to the registration of sales and tax records law will
be provided to the customer in the form of a link to the Invoice download. The purchaser
hereby agrees. References to the Listed documents are sent to the Purchaser’s e-mail
address, which the Purchaser includes in the order, or available upon signing into
the Purchaser's user profile in the Account Settings section. If you are interested
in obtaining an invoice in paper form, you can use our contact form.
II. Pre-Contractual Representations and Warranties. KUBERG represents and warrants
that:
The cost of distance communication is subject to no additional fees (KUBERG charges
no additional fees to the amount charged by the Purchaser’s internet/telephone provider;
unlike in case of contractual deliveries). The Purchaser is required to pay the
purchase price before accepting the goods from KUBERG or make an advance or similar
payment for specific services if the same are offered by KUBERG and requested by
the Purchaser. KUBERG enters into no ongoing contracts. If such contracts are facilitated
by KUBERG, the Purchaser is informed about the shortest binding term of such contract
by the provider in question, along with the price (or method of its determination)
charged in one billing period (being at all times one month if such price is constant).
The prices for goods and services displayed on the website operated by KUBERG are
quoted incl. and excl. VAT, with all statutory fees (if any). Shipping costs, however,
vary with reference to the selected shipping method, carrier and payment method.
Purchasers-consumers can and may withdraw from the agreement (unless otherwise stipulated
below) within a period of 14 days commencing on the day of:
i. receiving the goods (purchase agreements);
ii. receiving the last delivery (agreements for the purchase of several types of
goods/delivery of several parts); or
iii. receiving the first delivery (ongoing contracts);
and do so in writing either by sending the notice of withdrawal to the KUBERG central
office or completing the form available on the KUBERG website.
The consumer cannot withdraw from an agreement for the:
i. provision of services performed by KUBERG with previous explicit consent of the
consumer prior to the expiration of the period of notice;
ii. delivery of goods/services offered for the price affected by deviations in the
financial market beyond KUBERG’s control with a potential to occur during the period
of notice;
iii. delivery of goods adjusted as per the requirements/for the needs of the consumer;
iv. delivery of fast moving consumer goods/goods irreversibly mixed with other goods
after delivery;
v. repair or maintenance carried out in a place designated by the consumer as per
the consumer’s request (save for other than requested repairs/delivery of other
than requested spare parts);
vi. delivery of goods that were already used by the consumer. The costs incurred
in association with returning the goods (withdrawn agreements)/costs of returning
the goods other than by ordinary post if the nature of such goods so precludes (withdrawn
agreements negotiated away from business premises) are borne by the consumer.
The consumer is required to pay a pro-rata price for services already commenced
to be provided under a withdrawn agreement. The agreements (respective invoices)
are saved in the electronic archive accessible by the registered KUBERG users directly
from their user account. Any complaints can be made by completing the contact form
or reported to the supervisory/state supervision authorities. In case of pre-orders
the price of such goods is only estimated.
The final price may vary. KUBERG will inform the Purchaser about any price change.
The purchase price of the goods will be determined after the goods will be stored
at the warehouse in KUBERG. Any difference between the estimated price and the purchase
price will be refunded by KUBERG or the Purchaser will pay the difference prior
to the delivery of the goods unless the Purchaser decides to cancel the pre-order.
KUBERG reserves the right to change the delivery date for pre-ordered goods.
In the event of a substantial change in the delivery date (i.e 3 months), the Purchaser
has the right to withdraw from the pre-order. Should the circumstances, KUBERG had
considered at the time of the pre-order, change to the extent that KUBERG cannot
be reasonably required to be bound by the pre-order, KUBERG has the right to cancel
the pre-order without further notice and subsequently inform the Purchaser."
The Purchaser acknowledges that the goods offered by KUBERG are designated for sale
primarily in the EU and electronic devices are hence equipped with Europlug. Variations
thereto are not considered a defect.
The Purchaser acknowledges that the goods to be claimed under the warranty are to
be delivered to the Czech Republic by the Purchaser.
III. Agreement
1. Execution
The Purchaser enters into the agreement by accepting the offer to enter into the
agreement as displayed on the website operated by KUBERG and in particular by adding
the requested product (goods, services, digital content) to the cart or using the
“Buy Now” service (registered users only). The Purchaser may as well enter into
the agreement with the assistance of KUBERG customer service representatives, either
by telephone or by email. The Purchaser can change the products added to the cart
as well as the selected shipping and payment method, i.e. check the order details,
before placing a firm order. When adding the product to the cart, the Purchaser
is recommended additional related services selected by KUBERG as per their popularity
with other customers; the recommended services can be removed from by the Purchaser
from the cart before the transaction is completed. The purchase agreement is entered
into upon the moment the Purchaser (having selected the shipping and payment method)
submits the order and the order in question is received by KUBERG whereby KUBERG
assumes no liability for any mistakes and errors (if any) having occurred during
the transfer of data. The Purchaser is informed about the executed agreement in
a confirmation email letter sent by KUBERG to the email address provided by the
Purchaser.
The confirmation email letter is sent along with the KUBERG’s General Business Terms
and Conditions and Claims Code. Unless stated in the General Business Terms and
Conditions otherwise, the executed agreement (incl. agreed price) may be amended
or terminated only with the agreement of the parties or in cases stipulated by law.
Orders in excess of CZK 100,000 incl. VAT placed within a single transaction and/or
day will be required by the KUBERG system to be placed using a registered user account;
only user accounts used in the past to place at least one e-shop order completed
under a valid agreement not prematurely terminated by the Purchaser will be allowed.
The executed agreement is archived by KUBERG for at least five years from the execution
day, however, not longer than for the period stipulated by relevant law. Archived
for the performance purposes, the agreement is not additionally available to other
than involved third parties. Information about the individual technical steps to
be taken in order to enter into an agreement is implied by and the process of entering
into an agreement is comprehensibly described herein.
2. Delivery
Under the purchase agreement, KUBERG undertakes to deliver the product to the Purchaser,
the Purchaser undertakes to receive the product from and pay the purchase price
to KUBERG.
As KUBERG reserves the right of ownership to the product, the Purchaser acquires
the title to the product only after the purchase price has been paid in full. The
same applies with necessary modifications also to the purchased licences or services.
KUBERG delivers the product to the Purchaser along with relevant documents pertaining
thereto and enables the Purchaser to acquire the title to the product/licence in
compliance with the agreement.
KUBERG meets its obligation to deliver the product to the Purchaser by enabling
the Purchaser to view and try the product at the place of performance and informing
the Purchaser thereabout in due course.
Products to be shipped by KUBERG are delivered to the Purchaser (entrepreneur) by
submitting the product to the first shipping company and enabling the Purchaser
to claim the rights implied by the shipping agreement with the shipping company.
Products designated for Purchasers-consumers are delivered by KUBERG to the Purchasers-consumers
only after KUBERG receives the product in question from the shipping company.
If more items are delivered in excess of the amount agreed, the purchase agreement
is deemed entered into for the number of items delivered; unless the Purchaser rejects
such items without undue delay.
KUBERG delivers the purchased product to the Purchaser in the agreed amount, quality
and design.
If not agreed otherwise, the product is packed by KUBERG by convention; if no convention
exists, the product in question is packed as to provide for its protection and preservation.
The same applies also to goods to be shipped.
To minimise damage (if any) and ensure smooth delivery of goods ordered within a
single transaction and/or day in excess of CZK 10,000 incl. VAT, KUBERG reserves
the right to deliver the goods to the Purchaser only after the purchase price is
paid in full. Once the purchase price is paid in full by the Purchaser, the goods
are dispatched by KUBERG as specified by the Purchaser in the order.
3. Risk of Damage
The product is faulty if it lacks the agreed characteristics. The product is deemed
faulty also if the Purchaser is delivered other than the ordered product or the
documents necessary for the use of the product in question contain defects.
The Purchaser can claim improper performance with reference to the defect inherent
to the product at the moment the risk of damage passes to the Purchaser although
the defect in question becomes evident only later. The Purchaser can claim the rights
also with reference to a defect that has become evident later as result of a breach
of KUBERG’s obligation.
The Purchaser is to examine the product, its characteristics and quantity as soon
as feasible after the risk of damage to the product passes to the Purchaser.
The risk of damage passes to the Purchaser upon accepting the product in question;
the same applies also to cases where the Purchaser rejects to accept the goods although
having been enabled by KUBERG to view and try the product.
Damage to the product occurring after the risk of damage has passed to the Purchaser
does not affect the Purchaser’s obligation to pay the purchase price unless the
damage occurred as result of a breach of KUBERG’s obligation.
If one party is delayed in accepting the product, the other party may and can reasonably
sell the product at the expense of the delayed party and do so following a prior
notice and providing the delayed party with an additional reasonable period to accept
the product. The same applies also to delays on payment where the product cannot
be accepted unless the purchase price is paid.
4. Liability (KUBERG)
KUBERG guarantees to the Purchaser that the product is free from defects when received
by the Purchaser. In particular, KUBERG guarantees to the Purchaser that, at the
moment the product is received by the Purchaser:
The product has the characteristics agreed by the parties or (if no agreement is
reached), the characteristics described by KUBERG as the manufacturer or expected
by the Purchaser with reference to the nature of the goods and related advertisement.
The product can be used for the purposes stated by KUBERG or for the purposes for
which the product of that kind is usually used.
The product is provided in the corresponding quantity, measurement or weight.
The product complies with the requirements stipulated by law.
If the product is found faulty within three months after having been received by
the Purchaser, the product is deemed to have been faulty already when received by
the Purchaser.
Unless stipulated otherwise, the Purchaser may and can claim faulty consumer goods
within 24 month after receipt. This does not apply to:
Off road motorcycles
discount-related defects;
usual wear and tear;
defects caused by ordinary use or wear and tear and evident at the moment of receipt
by the Purchaser; or
cases implied by the nature of the case.
The Purchaser may and can claim faulty consumables within twenty-four (24) months.
If, however, a best before date is indicated on the product, the warranty period
is shortened and terminates on the date indicated on the packaging.
The Consumer acknowledges that if any gifts are received with their order, it is
not possible to claim faulty gifts within 24 months of their receipt. The Consumer
may and can claim faulty gifts only within 14 days of their receipt. The purchaser
or enterpreneur cannot claim faulty gifts.
The warranty periods are stipulated in the Claims Code.
The warranty period for purchasers-entrepreneurs may be different; the different
warranty period, however, applies only if explicitly stated.
Improper performance cannot be claimed if the Purchaser was aware about the defect
before accepting the product or if the defect in question was caused by the Purchaser.
Discounted/used products found faulty can and may be subject to a reasonable discount
rather than replacement.
5. Material Breach
If improper performance constitutes a material breach of the agreement, the Purchaser
may and can:
have the defect removed by being delivered a new defect-free product or the missing
part if such is not unreasonable with respect to the nature of the defect in question;
in case of a component part affected by the defect, the Purchaser can only claim
that the component part in question be replaced; if such is not feasible, the Purchaser
may withdraw from the agreement; if, however, the above is not reasonable with respect
to the nature of the defect in question, especially if the defect can be removed
without undue delay, the Purchaser may and can have the defect removed for free;
have the defect removed by repair;
be given a reasonable discount on the purchase price; or withdraw from the agreement.
When claiming the defect in question, the Purchaser informs KUBERG as to which of
the aforementioned options the Purchaser has selected and does so either immediately
or without undue delay thereafter whereby the selected option can be then changed
only if so approved by KUBERG; with the exception of a defect requested by the Purchaser
to be repaired and subsequently being identified as irreparable. If the defects
are not removed by KUBERG within a reasonable period or if the Purchaser is informed
by KUBERG that the defects in question will not be removed, the Purchaser may and
can claim a reasonable discount on the purchase price instead of withdrawing from
the agreement or withdraw from the agreement.
If the Purchaser fails to select one of the options mentioned above, the rights
implied by immaterial breach apply – see below.
In addition to cases where KUBERG cannot deliver a new defect-free product, replace
the component part or repair the product, Purchasers-consumers may and can claim
a reasonable discount also in cases where KUBERG fails to remedy the situation within
a reasonable period or where the remedy would cause significant inconvenience to
the Purchaser.
6. Immaterial Breach
If improper performance constitutes other than material breach, the Purchaser may
and can have the defect removed or be given a reasonable discount on the purchase
price.
Unless the Purchaser claims the discount on the purchase price or withdraws from
the agreement, KUBERG may deliver the missing parts or remove the legal defect.
Other defects can be removed at KUBERG’s discretion either by repair or delivery
of a new product.
If KUBERG fails to remove the defect in due course or refuses to remove the defect,
the Purchaser may claim a reasonable discount on the purchase price or withdraw
from the agreement whereby the selected option can then be changed only if so approved
by KUBERG.
7. General Breach
The Purchaser may claim to have the defect removed by being delivered a new thing
or a replaced component part also in cases where the defect can be removed but the
product cannot be used because of a repeated occurrence of the defect after repair
or a larger number of defects. In such cases, the Purchaser may and can withdraw
from the agreement.
If being delivered a new product, the Purchaser returns the original product back
to KUBERG (along with all accessories delivered together with the product itself)
and does so at KUBERG’s cost.
Purchasers failing to report the defect without undue delay after the defect could
have been identified by the Purchaser had the product been examined in due course
and with sufficient care will not be adjudicated by court the rights under improper
performance. The same applies also to a hidden defect not reported without undue
delay after the defect could have been identified by the Purchaser had the product
been examined with sufficient care, however, not later than within two years after
the product has been delivered to the Purchaser.
8. Quality Warranty
In providing the quality warranty, KUBERG undertakes that the product in question
will be fit for the ordinary purpose or will preserve the ordinary characteristics.
The same applies also to the warranty period or best before date indicated on the
packaging or advertised. The warranty may as well be arranged with reference to
individual component parts of a product.
The warranty period commences on the day the product is delivered to the Purchaser.
If the product is to be shipped to the Purchaser as agreed in the agreement, the
warranty period commences only on the day the product is shipped to the designated
place. If the purchased product is to be put into operation by a party other than
KUBERG, the warranty period commences only on the day the product is put into operation,
provided that the respective service of putting the product into operation is ordered
by the Purchaser no later than within three weeks after the product is received
and that necessary assistance and co-operation of the Purchaser to render this service
are provided.
The Purchaser cannot claim warranty with reference to a defect caused by outer circumstances
after the risk of damage has passed to the Purchaser.
IV. Withdrawal
1. Consumer
Consumers may and can withdraw from the agreement within a period of 14 days. The
period stated in the first sentence commences on the day the agreement is executed,
this being the day of:
receiving the goods (purchase agreements);
receiving the last delivery (agreements for the purchase of several types of goods/delivery
of several parts); or receiving the first delivery (ongoing contracts).
Consumers may withdraw from the agreement by completing and submitting the form;
once submitted, the completed form is confirmed as received by KUBERG in writing
without undue delay.
Consumers may withdraw from the agreement also by sending a notice of withdrawal
to:
KUBERG s.r.o. - Reklamace,
Zengrova 630/83, Vítkovice
703 00 Ostrava
If withdrawing from the agreement, the consumer is to return to KUBERG the goods
delivered by KUBERG and do so at consumer’s cost without undue delay, however, no
later than within 14 days after withdrawing from the agreement.
The goods are to be returned complete, i.e. along with the delivered accessories
and complete documentation, unused, undamaged, clean, in the original packaging
and in the condition and value in which the goods have been received by the Purchaser.
Consumers deciding to withdraw from the agreement in the given period are recommended
by KUBERG to send the goods to KUBERG’s address along with a cover letter incl.
the reason for withdrawal (not necessary), reference number of the proof of purchase
and number of bank account so that the case can be addressed without delay.
Consumers are liable to KUBERG for any decrease in value of the goods caused by
handling the goods other than as required by the nature and characteristics of the
goods.
Consumers withdrawing from the agreement are refunded the entire amount paid under
the agreement whereby this amount is refunded by KUBERG without undue delay, however,
no later than within 14 days following the withdrawal, and with the use of the same
method of payment as agreed in the agreement.
Consumers withdrawing from the agreement may as well be refunded the entire amount
paid only after the goods are returned to KUBERG or after the consumers prove that
the goods have been sent to KUBERG.
Consumers acknowledge that if the goods are delivered along with any gifts, KUBERG
and the Purchaser enter into a contract of donation on the condition that such contract
of donation terminates as soon as the consumer enjoys its right and withdraws from
the purchase agreement within a period of 14 days whereby the consumer must return
the goods in question along with the gifts and everything obtained in relation thereto;
if not returned, the same will be considered unjust enrichment. If the profits acquired
by unjust enrichment cannot be returned, KUBERG may and can claim monetary compensation
in the amount of ordinary price.
1. Other
The Purchaser-entrepreneur is not allowed to withdraw from the purchase agreement.
If allowed to withdraw from the purchase agreement within the period of 14 days,
the Purchaser-entrepreneur acknowledges that the purchase price paid may and can
be refunded less the reduced value of the goods in question.
If the product in question cannot be returned in the condition originally received
by the Purchaser, the agreement cannot be withdrawn or delivery of a new product
claimed. This does not apply if:
The condition changed due to the inspection of the product for defects.
The product was used by the Purchaser before the product was found defective.
The product cannot be returned in the original condition for reasons other than
beyond control (wilful act or neglect) of the Purchaser.
OR
The product was sold by the Purchaser before the product was found defective, consumed
by the Purchaser or altered by the Purchaser in ordinary use. If only a part of
the product was used, consumed or altered, the Purchaser returns to KUBERG everything
that can be returned and compensates KUBERG up to the amount of benefit received
from using the product.
Purchasers failing to report the defect in due course cannot withdraw from the agreement.
V. Personal Data Protection and Security
The terms and conditions for personal data protection are available here. These
terms are legally binding for the Purchaser.
VI. Business Hours
Orders placed in the KUBERG e-shop are accepted 24 hours a day, seven days a week.
In the event of an information systems failure or force majeure, KUBERG assumes
no liability for non-observance of the stipulated business hours.
VII. Prices
The prices are contract prices. Prices quoted online in the e-shop are always up
to date and valid. Prices quoted for individual products are final, that is, incl.
VAT and other taxes and fees (if any) payable by the consumer for a product in question
(excl. shipping fees, collection fees and cost of distance communication shown in
the shopping cart in the amount depending on the option selected by the Purchaser).
Special promotion prices are valid either until stocks are exhausted (with displayed
information as to the number of items in question offered for the special promotion
price) or for a limited period.
The “original price” refers to the price for which the goods/services/licences in
question were originally offered in KUBERG’s e-shop or the manufacturer’s suggested
retail price, excluding any bonuses, promotions, special offers or other discounts;
the latter being at all times displayed alongside the selling price, which better
reflects the product’s market price level.
The Purchaser acknowledges that KUBERG and the Purchaser need necessarily not enter
into the agreement, especially if the goods are ordered by the Purchaser for a price
mistakenly quoted on the website due to the internal KUBERG system error of which
the Purchaser is informed by KUBERG.
KUBERG reserves the right to declare the purchase agreement void in case of misused
personal data, misused payment card, etc. or with reference to the intervention
of an administrative or court authority of which the Purchaser is informed by KUBERG.
The Purchaser acknowledges that the purchase price cannot be entered into as valid
in the aforementioned cases.
VIII. Orders
The price is stated on the order and in the text message confirming that the order
has been placed. Orders can be placed as follows:
a. in the e-shop operated by KUBERG (store.kuberg.com); or
b. by email sent to kuberg@kuberg.com.
Telephone orders can be placed through the KUBERG call centre from 08:00 AM to 08:00
PM (UTC+01:00), five days a week.
KUBERG recommends placing the orders in the e-shop by logging into the Purchaser’s
user account registered with KUBERG. If using public access, KUBERG further recommends
logging out after placing the order.
Information about the exact shipping time is included in the email letter sent to
the Purchaser. The shipping period and fees depend on the option selected by the
Purchaser in the second step of placing the order.
IX. Payments
KUBERG accepts the following for methods of payment
wire transfer;
online card payment (MasterCard/Visa) with the card details entered by the Purchaser
being remembered by the respective bank and used for future payments (this option
can be cancelled by the Purchaser in the section “account settings”); Paypal payments;
COD
Unless paid in full and received, the goods remain the property of KUBERG. The risk
of damage passes to the Purchaser upon receipt.
Once the order is placed, the billing details of the Purchaser cannot be edited.
KUBERG reserves the right to offer only some methods of payment to the Purchaser
and do so at its own discretion.
Under the Sales Registration Act, KUBERG is required to provide the customer with
a receipt and register the sale with the tax office online; in the case of technical
difficulties, this may be done within 48 hours after the sale has been completed.
X. Delivery
1. Options
KUBERG delivers the goods either in co-operation with a shipping company or electronically
(digital content).
In case of force majeure or IT system disruption, KUBERG assumes no liability for
late delivery of goods.
Information about the offered options, up-to-date terms and conditions and prices
is available at store.kuberg.com.
Delivery of goods is limited by public holidays in the place of delivery and the
Czech Republic.
2. Other
To prevent damage/legitimisation of proceeds of crime (if any), KUBERG or KUBERG’s
contractual partners may and can request that the goods paid in advance be collected
against a valid identity document (ID card, passport). Unless the said document
is presented, the goods in question may and can be refused by KUBERG or KUBERG’s
contractual partners to be collected.
Goods purchased with a 0% VAT rate by Purchasers-legal entities being VAT payers
at the moment of purchase will be delivered only to the governing body of the legal
entity in question or to the person authorised in the submitted authenticated power
of attorney. Goods purchased with a 0% VAT rate by Purchasers-freelancers being
VAT payers at the moment of purchase will be delivered to the Purchaser-freelancer
in question only against a valid ID document (ID card or passport).
Goods purchased by Purchasers being VAT payers at the moment of purchase and invoiced
with a 0% VAT rate will be obligatorily delivered to the central office or business
premises registered in the Commercial Register, Register of Trade or a similar register.
When receiving the goods from the shipping company, the Purchaser – along with the
shipping company representative – is to properly and thoroughly inspect the delivery
(namely the number of packages, undamaged sealing tape bearing the company logo
and undamaged packaging) as per the enclosed delivery note. The Purchaser may refuse
to accept the delivery shipped contrary to the purchase agreement, for instance
with reference to incomplete or damaged delivery. If accepting the damaged delivery
from the shipping company, the Purchaser is to describe the damage in the delivery
note of the shipping company.
Incomplete or damaged deliveries must be immediately reported by email to kuberg@kuberg.com
and the damage be described in the report on damage executed with the shipping company
representatives and sent to KUBERG by fax, email or post without undue delay. Any
subsequent claims of incomplete delivery or damaged packaging do not limit the Purchaser’s
right to claim the warranty; yet, they enable KUBERG to prove that the same do not
represent a conflict with the purchase agreement.
3. Competitions and Giveaways
Items given away in competitions organised by KUBERG must be collected within 30
calendar days after the competition results have been published by KUBERG. Items
not collected within the said time limit will be forfeited for the benefit of the
organiser.
X. Warranty
The warranty terms and conditions are governed by the KUBERG Warranty Code and relevant
law. In general, the warranty certificate is replaced by the proof of purchase (cf
Claims Code).
XII. Miscellaneous
The United Nations Convention on Contracts for the International Sale of Goods does
not apply.
Any disputes arising between KUBERG and the Purchaser may be settled out of court
through the Alternative Dispute Resolution or Online Dispute Resolution (ADR/ODR)
procedure; with the Purchaser’s option to contact the ODR entity. More information
about the alternative dispute resolution can be found here. KUBERG, however, recommends
the Purchaser to first contact KUBERG to address the situation.
The agreement is entered into in the English language. If the agreement is required
to be translated for the Purchaser into another language, the English version prevails
in case of discrepancies between the two language versions.
These General Business Terms and Conditions and parts hereto come into force and
effect on 26 October 2019, repealing the previous versions.