I. Basic Provisions
- These Commercial Terms and Conditions (hereinafter the “Commercial Terms”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Sb., the Civil Code (hereinafter the “Civil Code”), as amended, by
- LIKO-S, a.s., with the registered office at U Splavu 1419, 684 01 Slavkov u Brna
- Company ID: 60734795
- Tax ID: CZ60734795
- Registered in the Commercial Register kept by the Regional Court in Brno under file no. B 3943
- E-mail: email@example.com
- Telephone No.: 544 221 111
- www: www.liko-s.cz
(hereinafter the “seller”)
- These Commercial Terms regulate the rights and obligations of the seller and of the individual who is entering into a sales contract outside their business activity as a consumer, or within the scope of their business activity (the “buyer”) via the web interface located on the website available on the Internet address www.interaktivnisteny.cz (hereinafter the “e-shop”).
- The provisions of the Commercial Terms are an inseparable part of each sales contract. Any diverging terms in a sales contract take precedence over the provisions hereof.
- These Commercial Terms and the sales contract are concluded in Czech.
II. Information on Goods and Prices
- Information on goods, including the prices of individual goods as well as specifications thereof is included in the catalogue of the e-shop. The prices of goods are stated inclusive of the value added tax and any related fees and costs of return of goods, if the goods are of such kind not enabling the goods to be returned by regular post. The prices of goods remain valid for the entire time for which they are shown in the e-shop. This provision is not to exclude making a sales contract under individually agreed terms.
- Any and all presentation of goods included in the e-shop catalogue is for reference only, and the seller is under no obligation to enter into a sales contract concerning the goods.
- Information on the costs related to packing and delivery of goods is published in the e-shop. Information on the costs related to packing and delivery of the goods stated in the e-shop applies only if the goods are delivered within the territory of the Czech Republic.
- Any discounts of the price of the goods may not be combined together, unless otherwise agreed by the seller and the buyer.
III. Order and Sales Contract
- Any costs incurred by the buyer when using any remote communication means in relation to making each sales contract (costs of Internet access, costs of telephone calls) are paid by the buyer. These costs are not different from the basic rate.
- The buyer may make an order by:
- using their customer account, if they have registered in the e-shop,
- filling-in the order form without registration.
- When placing an order, the buyer selects the goods, the number of goods, method of payment and means of delivery.
- Prior to sending the order, the buyer may check and change the data entered in the order. The buyer sends the order to the seller by selecting the “Send the order” option. The data included in the order is deemed correct by the seller. The order is only valid if all the compulsory data in the order form is filled-in and the buyer confirms that they have read these Commercial Terms and Conditions.
- The seller is to send a confirmation of receipt of the order immediately to the e-mail address specified in the order by the buyer. The confirmation is sent automatically and is not considered making of a contract. The seller’s Commercial Terms are attached to the confirmation. The sales contract is only concluded upon the seller’s acceptance of the order. The seller sends the notification of accepting the order to the buyer’s e-mail address.
- If the seller cannot met any requirement stated in the order, the seller shell send the buyer an amended offer to the buyer’s e-mail address. The amended offer is considered a new draft of sales contract and, in such a case, the sales contract is entered into upon the buyer’s confirmation of acceptance of the offer sent to the seller’s e-mail address stated in these Sales Terms.
- All orders accepted by the seller are binding. The buyer may only cancel the order before the seller’s confirmation of its acceptance is delivered to the buyer. The buyer may cancel the order using the seller’s telephone number or e-mail address stated in these Commercial Terms.
- In the case of an obvious technical error on the seller’s part in stating a price of goods in the e-shop or during the ordering process, the seller is not obliged to deliver the goods to the buyer for such obviously erroneously stated price even if the buyer has received the automatic confirmation of receipt of the order hereunder. The seller is to inform the buyer of such error without undue delay and to send an amended offer to the buyer’s e-mail address. The amended offer is considered a new draft of sales contract and, in such a case, the sales contract is entered into upon the buyer’s confirmation of acceptance of the offer sent to the seller’s e-mail address stated in these Sales Terms.
IV. Customer Account
- Upon registration in the e-shop, the buyer may access their customer account, from which they can make orders of goods. The buyer may also order goods without registration.
- When registering in their customer account and when ordering goods, the buyer is to state accurate and correct data and is to update the same in the case of any change thereto. The data stated by the buyer in the customer account and in ordering the goods is deemed correct by the seller.
- The access to the customer account is secured by a user name and a password. The buyer is not to disclose any information related to the access to their customer account. The seller is not liable for any abuse of the customer account by any third parties.
- The buyer may not enable any third parties to use their customer account.
- The seller may cancel the customer account, including, but not limited to, if the buyer does not use the user account any longer or if the buyer breaches any of their obligations under the sales contract or under the Commercial Terms.
- The buyer acknowledges that the user account may at times be made inaccessible, in particular in the case of necessary maintenance of the buyer’s hardware and software, or in the case of necessary maintenance of hardware and software of third parties.
V. Payment Terms and Delivery of Good
- The price of goods and the costs related to delivery of goods in accordance with the sales contract may be paid by the buyer by:
- cashless transfer to the seller’s bank account kept by….., acc. no………
- cashless payment card transaction.
- In addition to the purchase price, the buyer is to pay the agreed amount of costs related to packing and delivery of the goods. Unless otherwise explicitly stated below, the purchase price includes the costs related to delivery of goods.
- In the case of payment in cash the purchase price is payable upon takeover of the goods. In the case of cashless payment, the purchase price is payable within 7 days of making the sales contract.
- In the case of payment via payment gateway, the buyer is to observe the instructions of the respective electronic payments provider. [S16]
- In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled upon crediting the respective amount to the seller’s bank account.
- The seller does not request any deposit or another advance payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.
- Pursuant to Sales Registration Act, the seller is to issue a receipt to the buyer. At the same time, and in the case of a technical failure within 48 hours, the seller is to register the sale with the tax administrator on-line.
- The goods are delivered to the address stated by the buyer in the order.
- The delivery method is selected when ordering the goods.
- The costs of delivery of goods depending on the dispatch and takeover method are stated in the buyer’s order and in the confirmation of order by the seller. If the delivery method is agreed upon a special requirement of the buyer, the buyer bears the risk and any additional costs related to the delivery method.
- If the seller is obliged by the sales contract to deliver the goods to the address stated in the buyer’s order, the buyer is to take over the goods upon delivery. If for any reasons on the buyer’s part the goods must be delivered repeatedly or in any other way than as stated in the order, the buyer is to pay the costs related to the repeated delivery or to the other method of delivery.
- Upon takeover of the goods from the carrier the buyer is to check the intactness of the packaging and report any defects immediately to the carrier. If they find any damage in the packaging showing that the shipment has been broken into, the buyer is not obliged to take over the shipment.
- The seller provides the buyer with a tax document (invoice). The tax document is to be sent to the buyer’s e-mail address.
- The buyer acquires the ownership title to the goods upon paying the total purchase price including the delivery costs, and no sooner than upon takeover of the goods. The liability for any random destruction, damage or loss of the goods passes on the buyer upon takeover of the goods, or upon the moment when the buyer was to take over the goods but failed to do so contrary to the sales contract.
VI. Withdrawal from the Contract
- The buyer who has made the sales contract outside the scope of their business activity as a consumer may withdraw from the contract.
- The time limit for the withdrawal is 14 days
- The consumer may not withdraw from the sales contract in cases defined in Section 1837 of the Civil Code.
- In order to observe the time limit for withdrawal from the sales contract the consumer is to send the notice of withdrawal within the time limit for withdrawal.
- To withdraw from the sales contract, the consumer may use the model form for withdrawal from the sales contract provided by the seller. The consumer is to send the notice of withdrawal from the contract to the seller’s e-mail or postal address stated herein. The seller confirms the receipt of the form to the consumer without undue delay.
- The consumer who has withdrawn from the sales contract is to return the goods to the seller within 14 days of the withdrawal. The consumer bears the costs related to returning the goods to the seller; this also applies if the goods are of such kind not enabling the goods to be returned by regular post.
- If the consumer withdraws from the sales contract, the seller is to use the same method to refund all the money including the delivery costs received from the buyer without delay and in any case no later than within 14 day of withdrawal. The seller may refund the money using a different method only if the consumer approves thereof and if no further costs are incurred thereby.
- If the consumer selects other than the cheapest means of delivery of the goods offered by the seller, the seller refunds the costs of delivery to the consumer in the amount corresponding to the cheapest offered means of goods delivery.
- If the consumer withdraws from the sales contract, the seller is not obliged to refund the money to the consumer before the consumer hands over the goods to him or proves that they have sent the same.
- The goods returned by the consumer to the seller are to be undamaged, unused and clean and, if possible, in the original packaging. The right to compensation for damage caused to the goods may be offset unilaterally by the seller against the consumer’s right to the purchase price refund.
- The seller may withdraw from the sales contract if stock is sold out, the goods are unavailable, or if the manufacturer, importer or supplier has discontinued manufacturing or importing the goods. The seller is to inform the consumer immediately via the e-mail address stated in the order and to refund all the money including the delivery costs received from the buyer within 14 days of notice of withdrawal, using the same method or the method determined by the consumer.
- of takeover of the goods,
- of takeover of the last delivery of goods in the case of multiple kinds of goods or delivery of multiple parts.
VII. Rights from Defective Performance
- The seller warrants to the buyer that the goods have no defects upon takeover. The seller in particular warrants that at the moment when the buyer takes over the goods:
- Any breach of which the breaching party knew when concluding the contract or which the breaching party must have known to prevent the other party from concluding the contract if they anticipated such breach, is a material breach of the contract.
- In the case of any defect that constitutes a non-material breach of contract (irrespective of whether it is rectifiable or non-rectifiable defect), the buyer has a right to rectification of the defect or a reasonable discount.
- If a rectifiable defect occurs repeatedly after repair (usually the third complaint about the same defect or the fourth complaint about different defects) or if the goods have multiple defects (usually no less than three simultaneous defects), the buyer may claim a discount or a replacement of the goods, or withdraw from the contract.
- When lodging a complaint, the buyer is to inform the seller which of the options they choose. A change of the option without the seller’s consent is only permissible if the buyer claimed repair of a defect that proves to be non-rectifiable. If the buyer fails to choose their right from material breach in time, they have the same rights as in the case of a non-material breach.
- If a repair or replacement of goods is not possible, the buyer may upon withdrawal from the contract claim refund of the purchase price in full.
- If the seller proves that the buyer knew about the defect before takeover or caused the defect themselves, the seller is not obliged to satisfy the buyer’s claim.
- The buyer may not complain about discounted goods for a reason that was the cause of the reduced price.
- The seller is to accept the complaint in any branch in which acceptance of complaint is possible, or in the seller’s registered office. The seller is to issue a written confirmation to the buyer including the time when the buyer lodged the complaint, why they did so and what solution the buyer requests, as well as confirmation of the date and manner of complaint settlement, including a certificate of the repair made and its duration, or a written certificate of reasons for rejecting the complaint.
- The seller or a person authorized by the seller is to decide on a complaint immediately, in complex cases within three working days. This time limit does not include the reasonable time according to the type of product or service needed for the technical evaluation of the defect. The complaint including the rectification of defect must be settled without delay, no later than within 30 days of the day of lodging the complaint, unless the seller and the buyer agree on a longer period. A lapse of this time to no effect is deemed material breach of the contract and the buyer may withdraw from the contract. The moment of lodging the complaint means the moment when the buyer’s act of will (asserting the right from the defective performance) reaches the seller.
- The seller is to inform the buyer of the complaint settlement result.
- The buyer is not eligible to the right from defective performance if the buyer knew of the defect before takeover of the goods, or if the buyer caused the defect.
- In the case of a justified complaint the buyer has a right to refund of reasonable expenses incurred in relation to lodging the complaint. This right may be asserted by the buyer with the seller within one month of lapse of the warranty period; otherwise the court may not adjudicate the same.
- The buyer may select the form of complaint.
- The rights and obligations of the parties related to the rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and by Act No. 634/1992 Sb., on consumer protection, as amended.
- The goods have the characteristics agreed by the parties, and in the absence of specific agreements, such characteristics as described by the seller/manufacturer or expected by the buyer with respect to the nature of the goods and the promotion provided;
- The goods are suitable to the purpose stated by the seller or usually used for in the case of goods of the same kind;
- The goods corresponds in its quality and/or design to the agreed sample or model, if the quality or design has been determined according to an agreed sample or model;
- The goods are of the appropriate number, amount or weight and the goods comply with statutory requirements.
- The seller is under obligations from defective performance in at least the same scope as apply to the manufacturer. The buyer may otherwise claim their right from defect that occurs in consumer goods within twenty-four months of takeover.
- If the goods sold or packagings on it or the manual attached thereto or the advertisement pursuant to related legislation states a period for which the goods may be used, provisions related to quality warranty shall apply. In the quality warranty the seller warrants that the goods for the given time are fit for use for the common purpose or that they keep the usual qualities. If the buyer’s complaint about a defect of goods is justified, the time limit for claiming the rights from defective performance or the warranty period is not running during the time for which the buyer may not use the defective goods.
- The provisions stated in the preceding paragraph do not apply to goods sold at a reduced price due to the defect for which the reduced price has been agreed, to cases of normal wear and tear, in used goods to a defect corresponding to the scope of use or wear and tear that the goods had upon takeover by the buyer, or if relevant considering the kind of goods. The buyer is not eligible to the right from defective performance if the buyer knew of the defect before takeover of the goods, or if the buyer has caused the defect.
- If a defect occurs, the buyer may lodge a complaint with the seller and request:
- Replacement by new goods;
- Repair of the goods;
- Reasonable reduction of the purchase price;
- Withdrawal from the contract.
- The buyer may withdraw from the sales contract:
- If the goods has a material defect;
- If the goods may not be used properly due to repeated occurrence of defect(s) after repair;
- If the goods has multiple defects.
- The parties may deliver any and all written communication to one another by electronic mail.
- The buyer sends any communication to the seller’s e-mail address stated herein. The seller sends any communication to the buyer’s e-mail address stated in their customer account or in the order.
IX. Personal data
- Any and all data stated by you during our cooperation is confidential and we will handle the same accordingly. Unless you give us your consent in writing, we will not use your data in any other manner than for the purpose of performing the contract, excluding your e-mail address to which we may send you our commercial communication, because this is enabled by the law if you do not refuse it. The communication may only relate to similar or related goods and may at any time be easily (by sending a letter, an e-mail or by clicking on a reference in the commercial communication) cancelled. The e-mail address will be kept for this purpose for 3 years after concluding the last contract by and between the parties.
- Further information on the personal data protection may be found in the Principles of Personal Data Protection HERE
X. Out-of-court Settlement of Disputes
- Any consumer disputes related to the sales contract will be settled out of court by the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company ID: 00020869, Internet address: https://adr.coi.cz/cs. The platform for on-line out-of-court settlements of disputes that is available at http://ec.europa.eu/consumers/odr may be used for settling disputes between the seller and the buyer related to the sales contract.
- The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is a contact point pursuant to the Regulation (EU) No 524/2013 of the European Parliament and the Council of 21 May 2013 on on-line dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer on-line disputes resolution).
- The seller is authorized to sell goods upon a trade licence. The competent trade licensing authority is authorized to perform the trade inspections. The Czech Trade Inspection Authority performs, inter alia, supervision over compliance with Act No. 634/1992 Sb., on consumer protection, as amended.
XI. Final Provisions
- Any and all agreements between the seller and the buyer are governed by Czech legislation. If the relationship created upon the sales contract includes an international feature, the parties agree that the relationship is governed by Czech legislation. The consumer rights under generally binding legal regulations are not affected thereby.
- The seller is not bound in relation to the buyer by any codes of conduct pursuant to Section 1826 subs. 1 par. (e) of the Civil Code.
- All rights related to the seller’s web pages, including, but not limited to, the copyright to the content, including the website layout, photos, films, graphics, trademarks, logo and other content and features, belong to the seller. Any copying, altering or other use of the web pages or any part thereof without the seller’s consent is prohibited.
- The seller is not liable for any errors that may occur as a consequence of any interference by third parties in the e-shop or as a consequence of any use of the same contrary to its purpose. When using the e-shop, the buyer may not use any procedures that might have a negative impact on its operation and may not perform any activities that might enable them or any third parties to interfere with or misuse the programmes or other parts belonging to the e-shop and to use the e-shop or its parts or software in a manner that might be contrary to its designation or purpose.
- The sale contract including the Commercial Terms is archived by the seller in the electronic form and is not accessible.
- These Commercial Terms and Conditions may be amended by the seller. This provision has no effect on the rights and obligations created during the effective period of the preceding version thereof.
These Terms and Conditions become effective on 3 April 2020.