Terms and Conditions
Terms and Conditions of CZ LOKO, a. s., with its registered office at Česká Třebová, Semanínská 580, post code 560 02, IČ (Company Identification Number): 61672131, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section B, File 2584 ("CZ LOKO") regarding the sale of goods through its online store at www.czlokoshop.com
Art. I. – INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions ("Terms and Conditions") of CZ LOKO, a. s., with its registered office at Semanínská 580, 560 02 Česká Třebová, Identification Number: 61672131, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section B, File 2584 ("Seller") regulate, in accordance with the provisions of section 1751 (1) of Act no. 89/2012 Coll., Civil Code ("Civil Code") the mutual rights and obligations of the Parties arising in connection with or under a contract of purchase ("Contract of Purchase") entered into between the Seller and another person ("Buyer") through the Seller's online store. The on-line store is operated by the Seller on a website located at http://www.czlokoshop.cz ("Website").
1.2 If the Buyer is a legal entity, who orders the goods as part of its business activities or within its separate exercise of a profession, the provisions of these Terms and Conditions shall apply as appropriate with the exception of the provisions of Art. VII. Provisions of Act 89/2012 Coll., Civil Code, regarding the protection of trade secrets shall apply instead adequately.
1.3 Provisions different from the Terms and Conditions may be agreed upon in the Contract of Purchase, or, where appropriate, in the confirmed purchase order. Different arrangements made in the Contract of Purchase shall have priority over the provision of the Terms and Conditions.
1.4 The provisions of the Terms and Conditions are an integral part of the Contract of Purchase.
1.5 The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations that arise during the effective period of the previous wording of the Terms and Conditions.
Art. II. – CONCLUSION OF THE CONTRACT OF PURCHASE
1.1 All presentations of the goods placed in the store web interface are for information only and the Seller is not required to conclude a contract of purchase for these goods. Provisions of Section 1732 (2) of the Civil Code shall not apply.
1.2 To order the goods, the Buyer fills out an order form in the store web interface or sends an e-mail to the contact address listed at http://www.czlokoshop.cz
1.3 A purchase order shall be deemed to have been sent once the Buyer identifies in an unquestionable manner the goods orders, the purchase price, Buyer's identity, method of payment of the purchase order, and it shall represent a binding proposal to conclude a contract of purchase for the Parties. In order for it to be valid, the purchase order must contain all information required in the order form, and the Buyer must become familiar and confirm that he/she has become familiar with these Terms and conditions at the website.
1.4 The Seller shall immediately confirm receipt of the purchase order to the Buyer by e-mail using the Buyer's e-mail address given in the purchase order.
1.5 The Seller may at any time, depending on the nature of the purchase order (quantity of goods, purchase price, estimated shipping costs), ask the Buyer for additional confirmation of the purchase order (e.g. in writing or by phone).
1.6 The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the purchase order which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address. Where a shipping method other than personal collection is selected, the contractual relationship shall arise after the Buyer confirms the agreed shipping charges in writing.
1.7 In case the Seller is unable to fulfil any of the requests in the purchase order, it shall send a modified offer listing possible options for the purchase order to the Buyer's e-mail address and ask for the Buyer's opinion. A modified offer shall be considered a new draft contract of purchase and, in this case, the contract of purchase shall be made only after the Buyer accepts it via e-mail.
Art. III. – PRICE OF THE GOODS AND PAYMENT TERMS
1.1 The prices of the goods shall apply as long as they are displayed in the store web interface. This provision does not limit the Seller's option to make a contract of purchase under individually arranged terms.
1.2 The price of the goods and costs associated with the delivery of the goods under the contract of purchase shall be paid to the Seller as follows:
a. Cash on delivery at the place indicated by the Buyer in the purchase order; or
b. Bank transfer on the basis of a pro forma invoice to the Seller's account for personal collection of the goods; or
c. Bank transfer to the Seller's account specified in the invoice - tax receipt.
1.3 The Seller reserves the right to offer payment by invoice only to business partners of CZ LOKO a.s.
1.4 Together with the purchase price, the Buyer shall also pay packaging and shipping charges to the Seller:
a. Goods weight up to fifty (50) kg shall be transported by a carrier arranged by the Seller and the Buyer agrees to also pay shipping charges together with the purchase price according to the carrier's price list;
b. In case of overweight shipments (over 50 kg), the shipping charges shall be arranged by the Seller and the Buyer by agreement;
c. Personal collection is free of charge.
1.5 Where the goods are to be shipped abroad, the packaging, delivery and shipping charges shall be agreed by the Seller and the Buyer individually.
1.6 In case of payment on the basis of a pro forma invoice for personal collection or cash on delivery, the purchase price shall be payable when collecting the goods. In case of bank transfer, the purchase price shall be payable within thirty (30) days after the date of the Contract of Purchase. In case of bank transfer, the Buyer's obligation to pay the purchase price shall be deemed to have been met at the moment when the relevant amount is credited to the Seller's account.
1.7 The Buyer shall acquire ownership of the goods upon payment of the full purchase price.
Art. IV. – WITHDRAWAL FROM THE CONTRACT
1.1 The Seller and the Buyer may withdraw from the Contract in accordance with the provisions of Section 2001 et seq. of Act No. 89/2012 Coll., Civil Code. In case of withdrawal, the following shall apply:
a. Default in payment of the purchase price of more than thirty (30) days from the due date shall be deemed a substantial breach of the Contract by the Buyer;
b. Default in delivery of the goods of more than thirty (30) days from the date, when the goods were supposed to be delivered under the Contract of Purchase, shall be deemed a substantial breach of the Contract by the Seller.
1.2 In case of withdrawal from the Contract of Purchase, the Contract of Purchase shall be considered void from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal from the Contract. If the Buyer withdraws from the Contract of Purchase, the Buyer shall bear the cost of returning the goods to the Seller; this also applies where the goods cannot be returned by regular mail due to their nature.
1.3 In case of withdrawal from the Contract, the Seller shall refund the amounts received from the Buyer within fourteen (14) days from the withdrawal from the Contract of Purchase by the Buyer using the same payment method as the Seller used to receive the amounts from the Buyer. If the Buyer withdraws from the Contract of Purchase, the Seller shall not be required to refund any amounts received to the Buyer until the Buyer returns the goods or furnishes proof that the goods have been sent to the Seller.
1.4 The Seller is entitled to unilaterally set off a claim for damages caused to the goods against the Buyer's claim for refund of the purchase price.
1.5 The Seller is entitled to withdraw from the Contract of Purchase at any time until the goods are accepted by the Buyer. In that case, the Seller shall refund the purchase price to the Buyer without undue delay by bank transfer to the Buyer's account.
Art. V. – SHIPPING AND DELIVERY OF THE GOODS
1.1 The Seller agrees to deliver the goods to the Buyer within the time period specified for every type of goods in the web interface either via its contracted carrier or personally at the address of the Seller's registered office, where the selection of a shipping method is part of the concluded Contract of Purchase.
1.2 In the event that the shipping method is agreed on the basis of a special request of the Buyer, the Buyer shall bear the risk and any additional cost associated with this shipping method.
1.3 When accepting the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and immediately notify the carrier of any defects. If any breach of the packaging indicative of unauthorised handling of the shipment is found, the Buyer is not required to accept the shipment from the carrier.
1.4 The Buyer is entitled to return unused goods in their original packaging to the Seller within 14 days from accepting the goods without giving any reason.
Art. VI. – RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
1.1 Where the Seller provides a warranty for the ordered goods, the warranty period applicable to the goods shall be specified in the web interface. The Buyer has no legal right to claim a warranty.
1.2 Rights and obligations of the Parties regarding the rights arising from defective performance shall be governed by relevant provisions of Act No. 89/2012 Coll., Civil Code, in particular Section 2099 et seq.
1.3 The Seller shall be liable to the Buyer for ensuring that the goods are not defective on receipt. In particular, the Seller guarantees to the Buyer that at the time when the Buyer accepted the goods:
a. The goods have the properties agreed by the Parties, and in the absence of such arrangements, they have properties described by the Seller;
b. The goods are fit for the purpose which was specified for their use by the Seller or for which goods of that type are normally used;
c. The goods are in the correct quantities, dimensions or weight; and
d. The goods comply with the legal requirements.
1.4 The provisions specified in Art. VI., clause 1.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect, for which the lower price was agreed, to wear and tear caused by usual usage, in case of used goods, to any defects corresponding to the rate of use or wear and tear, which the goods had when accepted by the Buyer, or if this is implied by the nature of the goods.
1.5 The Buyer shall claim defective performance with the Seller at the address of its registered office. The moment of the claim is the moment when the Seller receives the claimed goods and a description of the defect from the Buyer.
1.6 The Seller agrees to handle all claims without undue delay, reserving the right to choose the method of its handling. Legitimate interests of the Buyer must be respected.
Art. VII. – PERSONAL DATA PROTECTION
1.1 Protection of personal data of the Buyer, who is a natural person, is ensured by Act No. 101/2000 Coll., on Personal Data Protection, as amended. The below provisions shall also apply to legal entities for the purposes of executing the Contract of Purchase.
1.2 The Buyer agrees to the processing of the following personal data: first and last name, address of residence, identification number, tax identification number, e-mail address and phone number (collectively as "Personal Data").
1.3 The Buyer agrees to the processing of Personal Data by the Seller for the purposes of exercising the rights and obligations under the Contract of Purchase and for the purposes of maintaining their user account.
1.4 The Buyer acknowledges that they must provide their correct and true Personal Data (in particular when ordering through the store web interface) and that they are obliged to inform the Seller about any change in their Personal Data without undue delay.
1.5 Except for the persons transporting the goods, the Personal Data shall not be forwarded to third parties by the Seller without the prior consent of the Buyer.
1.6 The Personal Data may be processed for an indefinite period of time.
1.7 The Buyer confirms that the Personal Data provided is accurate and that the Buyer has been advised that the Personal Data are provided voluntarily.
1.8 In the event that the Buyer believes that the Seller process the Buyer's personal data in a manner that is inconsistent with the protection of the Buyer's private and personal life or with the law, especially if their Personal Data are inaccurate with regard to the purpose of their processing, the Buyer may:
a. Ask the Seller for an explanation;
b. Require that the Seller remedy the situation.
Art. VIII. – FINAL PROVISIONS
1.1 If the relationship established by the Contract of Purchase contains an international (foreign) element, the Parties agree that the relationship will be governed by Czech law.
1.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, a provision, the meaning of which comes closest to the invalid provisions, shall replace the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions. Any changes or amendments to the Contract of Purchase or the Terms and Conditions must be made in writing.
1.3 Any matters between the Seller and the Buyer not regulated by these Terms and Conditions shall be governed by the relevant provisions of Act No. 89/2012 Coll., Civil Code, as amended, and related legislation.
1.4 These Terms and Conditions shall remain valid for an indefinite period of time.
Česká Třebová, 6 November 2017
These Terms and Conditions shall become valid and effective on 6 November 2017.