Terms of Use

General Terms and Conditions (EN)

Seller: Michato s.r.o.
Company ID (IČO): 17122163
Registered Office: Bulharská 1423/21, 708 00 Ostrava‑Poruba, Czech Republic
E‑mail: info@kratomit.eu

Bank details — CZK (Czech Republic): Fio banka a.s., 2902238228/2010
Bank details — EUR: IBAN CZ9820100000002902238228, BIC FIOBCZPPXXX

Effective date: 1 June 2022

Important notice: In line with Czech law, kratom is sold strictly as a collector’s item. Under EU Regulation No. 1924/2006, we do not provide health claims. Certain goods (e.g., Kratom, HHC) are offered solely for collection, research, study, or as cosmetic raw material and are not intended for human consumption. The Buyer purchases at their own risk. The Seller accepts no liability for misuse.

I. Basic Provisions

These General Terms and Conditions ("Terms") govern the mutual rights and obligations of Michato s.r.o. (the "Seller") and any natural person purchasing as a consumer or within their business activity (the "Buyer") via the Seller’s online store available at kratomit.eu the "Online Store").
These Terms form an integral part of the purchase contract (the "Contract"). Provisions in the Contract prevail over these Terms.
The Contract and these Terms are concluded in the English language. Czech law applies. This does not affect mandatory consumer protections in the Buyer’s country of residence when applicable.

II. Goods and Prices

Information about goods, including prices and key characteristics, is shown for each item in the Online Store. Prices include VAT and all related fees. Prices remain valid while displayed and may be individually agreed otherwise.
Product listings are informational and do not oblige the Seller to conclude a Contract.
Shipping and packaging costs are shown during checkout. Unless stated otherwise, published domestic rates apply only to shipments within the Czech Republic and/or the Slovak Republic, as relevant.
Discounts are not combinable unless expressly agreed.
Specific notice: Certain products (e.g., Kratom, HHC) are collector’s items / cosmetic raw materials / research or study material and are not intended for human consumption.

III. Orders and Contract Formation

The Buyer bears their own costs of distance communication used to place an order (internet connection, telephone calls).
Orders may be placed: (a) via a customer account after registration; or (b) by completing the checkout form without registration.
Before submitting an order, the Buyer may review and edit the entered data. The order is submitted by clicking “Submit Order.” The data provided is deemed correct.
Immediately after receipt of an order, the Seller sends an automatic acknowledgement by e‑mail. This acknowledgement is not a Contract unless expressly stated otherwise. The Contract is concluded when the Seller sends an acceptance of the order to the Buyer’s e‑mail.
If the Seller cannot fulfil any requirement in the order, the Seller will send a modified offer to the Buyer’s e‑mail. The Contract is then concluded upon the Buyer’s confirmation of the modified offer.
All orders received by the Seller are binding. The Buyer may cancel an order until the Seller’s acceptance is delivered, by phone or e‑mail listed above.
In the event of an obvious technical error in the price shown in the Online Store or during ordering, the Seller is not obliged to supply the goods at the obviously incorrect price, even if the automatic acknowledgement has been sent. The Seller will inform the Buyer without undue delay and send a modified offer. The Contract is then concluded upon the Buyer’s confirmation.
Where the goods are dispatched to the Buyer, the Seller’s duty to deliver is fulfilled at the moment the goods are handed over to the first carrier.

IV. Customer Account

Upon registration, the Buyer may access a customer account and place orders from it. Ordering without registration is also possible.
The Buyer must provide accurate and truthful data and keep it updated. The Seller considers the data entered by the Buyer to be correct.
Access to the account is protected by a username and password. The Buyer must keep these confidential. The Seller is not liable for misuse by third parties.
The Buyer may not allow third parties to use the account. The Seller may cancel accounts, especially if unused for a longer period or if the Buyer breaches the Contract or these Terms.
Availability of the account may be interrupted due to necessary maintenance of the Seller’s or third‑party hardware/software.

V. Payment Terms and Delivery

The Buyer may pay the purchase price and any delivery costs by the following methods:
- IBAN: CZ9820100000002902238228
- Bank transfer (CZK): 2902238228/2010 (Fio banka a.s.)
- Payment card (online)
- Payment via payment gateway
- Cash on delivery (COD) where available
Together with the purchase price, the Buyer must pay agreed packaging and delivery costs. Unless stated otherwise, the term purchase price also includes delivery costs.
For cash payments, the price is due upon receipt of goods. For cashless payments, the price is due within 7 days of Contract conclusion and is deemed paid when credited to the Seller’s bank account.
When paying via a payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.
The Seller does not require advance deposits. Payment before dispatch is not a deposit.
Delivery options:
- to the address specified by the Buyer in the order; or
- to a pickup point selected by the Buyer.
Delivery costs depend on the chosen shipping method and are shown in the order and in the Seller’s confirmation. If a special shipping method is arranged at the Buyer’s request, the Buyer bears related risks and any extra costs.
The Buyer must take delivery at the agreed place and time. If redelivery or an alternative method is necessary due to the Buyer, the Buyer bears the additional costs.
Upon receipt from the carrier, the Buyer must check the integrity of the packaging and immediately notify the carrier of any defects. If tampering is evident, the Buyer may refuse the parcel.
The Seller issues a tax document (invoice) and sends it to the Buyer’s e‑mail.
Title to the goods passes to the Buyer upon full payment and receipt of the goods, whichever occurs later. The risk of accidental loss, damage, or destruction passes upon the Buyer’s receipt, or when the Buyer should have taken delivery but did not.
If the Buyer fails to collect a duly dispatched parcel and it returns to the Seller, the Seller may deduct the outbound and return shipping costs from any refund.
The Seller dispatches goods for delivery after the full purchase price has been credited to the account specified in Article V.1, unless paying in cash upon receipt.

VI. Withdrawal from the Contract (Consumers)

A Buyer who concluded the Contract as a consumer has the right to withdraw within 14 days without giving any reason:
- from the day of receipt of the goods;
- from the day of receipt of the last delivery of goods, if the Contract concerns several types of goods or parts; or
- from the day of receipt of the first delivery of goods for Contracts with regular repeated delivery.
The consumer cannot withdraw, inter alia, from Contracts for:
- services performed with prior express consent before the withdrawal period expires;
- goods or services whose price depends on financial market fluctuations independent of the Seller;
- goods made to the consumer’s specifications or clearly personalized;
- sealed goods which are not suitable for return for health protection or hygiene reasons and were unsealed after delivery;
- audio/video recordings or computer software in a sealed package, if the seal was broken;
- newspapers, periodicals, or magazines;
- digital content not supplied on a tangible medium delivered with prior express consent before the withdrawal period ends; and
- other cases provided by applicable law.
To meet the deadline, it is sufficient to send a withdrawal notice before the 14‑day period expires. The consumer may use the Seller’s model withdrawal form (if provided), but this is not mandatory.
The consumer must return the goods to the Seller within 14 days of withdrawal. The consumer bears the cost of returning the goods, even if the goods cannot be returned by ordinary post due to their nature.
Upon withdrawal, the Seller will refund all payments received from the consumer, including delivery costs corresponding to the cheapest offered delivery method, without undue delay and within 14 days of withdrawal, using the same means of payment, unless agreed otherwise and without fees. The Seller may withhold the refund until the goods are returned or the consumer proves dispatch, whichever occurs first.
Returned goods must be undamaged, clean, and if possible, in the original packaging. The Seller may unilaterally set off compensation for any diminished value or damage against the refund of the purchase price.
The Seller may withdraw from the Contract due to sold‑out stock, unavailability of goods, or if the manufacturer/importer has discontinued production or import. The Seller will inform the Buyer without undue delay and refund all payments within 14 days using the same method, unless the Buyer specifies otherwise.

VII. Rights from Defective Performance (Warranty/Claims)

The Seller is liable that goods are free of defects upon receipt by the Buyer. In particular, at the time of receipt the goods shall:
- have the properties agreed by the parties or, if none were agreed, the properties described by the Seller/manufacturer or reasonably expected given the nature of the goods and advertising;
- be suitable for the purpose stated by the Seller or for which goods of that type are usually used;
- correspond in quality or workmanship to an agreed sample or model, if quality or workmanship were determined by reference to a sample or model;
- be supplied in the agreed quantity, measure, or weight; and
- comply with legal requirements.
If a defect appears within 6 months of receipt, the goods are presumed to have been defective at receipt. The Buyer may exercise rights from a defect that occurs in consumer goods within 24 months of receipt, subject to statutory exceptions (discounted goods for a known defect; normal wear and tear; used goods where the defect corresponds to prior use; or where this follows from the nature of the goods).
In the event of a defect, the Buyer may claim and request: replacement, repair, a reasonable price reduction, or withdrawal from the Contract in cases provided by law.
The Buyer may withdraw if the goods have a material defect. For non‑material defects, the Buyer may demand repair or a reasonable price reduction.
The Seller (or an authorised staff member) will decide on the claim immediately, in complex cases within 3 business days; this period does not include the time necessary for expert assessment. Claims, including defect removal, will be handled without undue delay, at the latest within 30 days of assertion, unless a longer period is agreed. Missing this deadline constitutes a material breach, entitling the Buyer to withdraw.
The Seller will provide the Buyer with written confirmation indicating when the right was exercised, what the claim contains, the requested remedy, and the outcome/date of handling, including confirmation of any repair and its duration, or a written justification for rejection.
Rights from defective performance do not belong to the Buyer if they knew of the defect before receipt or if the Buyer caused the defect.
In case of a justified claim, the Buyer has the right to reimbursement of purposefully incurred costs associated with exercising the claim, within one month after expiry of the warranty period.

VIII. Communication

The parties may deliver all written correspondence to each other by e‑mail. The Buyer delivers to the e‑mail stated in these Terms. The Seller delivers to the e‑mail stated in the Buyer’s account or order.

IX. Personal Data

All information the Buyer provides to the Seller is confidential and will be treated as such. Unless the Buyer gives written consent, the Seller will use the Buyer’s data only to fulfil the Contract, except for commercial communications sent to the Buyer’s e‑mail regarding similar or related goods as permitted by law, which can be opted out at any time (by letter, e‑mail, or link in the message). The e‑mail address may be stored for this purpose for 3 years from the last Contract. Detailed information is provided in the Seller’s Privacy Policy.

X. Out‑of‑Court Dispute Resolution

For out‑of‑court resolution of consumer disputes arising from the Contract, the competent authority is the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Praha 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs. The Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr may be used for disputes between the Seller and the Buyer arising from the Contract. The Seller is authorised to sell goods based on a trade licence; trade supervision is carried out by the relevant Trade Licensing Office. The Czech Trade Inspection Authority supervises compliance with consumer protection laws including Act No. 634/1992 Coll., on Consumer Protection.

XI. Final Provisions

All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the contractual relationship contains an international element, the parties agree that Czech law shall apply. This is without prejudice to the consumer’s mandatory rights under applicable law.
The Seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Czech Civil Code.
All rights to the Seller’s websites (content, layout, photos, videos, graphics, trademarks, logos, and other elements) belong to the Seller. It is forbidden to copy, modify, or otherwise use the websites or any part thereof without the Seller’s consent.
The Seller is not liable for errors caused by third‑party interference with the Online Store or use contrary to its purpose. The Buyer must not use procedures that could adversely affect the operation of the Online Store nor perform any activity enabling unauthorised interference or use of the software/hardware components.
Customs/Import liability: The company is not liable for detention, confiscation, or destruction of a shipment by customs or other authorities in the Buyer’s country. In such cases there is no entitlement to compensation or reshipment. The Buyer declares they are of legal age (18+) and assumes full responsibility for the purchase, import, and any use of products.
The Buyer assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Czech Civil Code.
The Contract, including these Terms, is archived electronically by the Seller and is not accessible.
The Seller may amend or supplement these Terms. Rights and obligations arising during the effectiveness of the previous version remain unaffected.