BUSINESS CONDITIONS
of the company Loktu She, družstvo, with registered address 28. října 59/42, 460 07 Liberec 7, IČ: 04712285, DIČ: CZ04712285, registered in the company register of the Regional court in Ústí nad Labem, part Dr, insert 1235, for the sale of goods via the e-shop placed at the internet address www.loktushe.cz.
These business conditions are effective since the 25th of May 2019
1. INTRODUCTORY TERMS
1.1. These business conditions (further only “business conditions”) of the company Loktu She, družstvo, with registered address 28. října 59/42, 460 07 Liberec 7, identification number: 04712285, registered in the company register of the Regional court in Ústí nad Labem, part Dr, insert 1235 (further only “seller”) govern in accord with the stipulations of the § 1751 par. 1 Act no. 89/2012 Col., Civil code (further only “Civil code”) the mutual rights and duties of the contract parties originating in connection with or on the basis of the purchase contract (further only “purchase contract”) entered into between the seller and another natural person (further only “buyer”) via the internet shop of the seller. The internet shop is run by the seller at the web page placed at the internet address www.loktushe.cz (further only “web page”), using the interface of the web page (further only “web interface of the shop”).
1.2. The business conditions don’t apply to the cases, when the person, who wants to purchase goods from the seller, is a juristic person, or a person that acts during the ordering of the goods within their business activity or as part of their independent job affairs.
1.3. Stipulations different to the business conditions could be negotiated in the purchase contract. Differing agreements in the purchase contract have priority over the stipulations of the business conditions.
1.4. Stipulations of the business conditions are an inseparable part of the purchase contract. Purchase contract and business conditions are elaborated in Czech language. It is possible to make the purchase contract in Czech language.
1.5. The seller can change or amend the text of the business conditions. This stipulation doesn’t affect the rights and obligations that arose during the period of effectivity of the previous text of the business conditions.
2. USER ACCOUNT
2.1. Based on the registration of the buyer made at the web page, the buyer can access their user interface. From their user interface (further only “user account”), the buyer can order the goods. In case the web interface of the shop allows this, the buyer cam order goods also without registration from the web interface of the shop.
2.2. When registering at the web page and during ordering of goods, the buyer is obliged to state all information correctly and truthfully. The buyer is obliged to update the information stated in the user account if they change. The seller considers the information stated by the buyer in the user account and during ordering of the goods to be correct.
2.3. The access to the user account is protected by a username and a password. The buyer is obliged to keep the information required for access to their user account secret.
2.4. The buyer is not authorised to allow third persons to use their account.
2.5. The seller is authorised to cancel the user account, especially in case the buyer does not make use of their account for more than 12 months, or in case the buyer breaches their obligations from the purchase contract (including the business conditions).
2.6. The buyer acknowledges that the user account doesn’t have to be accessible nonstop, especially regarding the necessary maintenance of the hardware and software equipment of the seller, or necessary maintenance of hardware and software equipment of third parties.
3. MAKING THE PURCHASE CONTRACT
3.1. All representation of goods placed at the web interface of the shop is of informative character and the seller is not obliged to enter into the purchase contract regarding these goods. The stipulation of the § 1732 par. 2 of the Civil Code wouldn’t be used.
3.2. The web interface of the shop contains information about the goods, including the stating of prices of individual items. Prices of the goods are stated including VAT and all connected fees. Prices of the goods stay valid during the time they are displayed in the web interface of the shop. This stipulation doesn’t affect the possibility for the seller to enter into a purchase contract under individually negotiated conditions.
3.3. The web interface of the shop also contains information about the costs connected with the packing and delivery of the goods. Information about the costs connected with the packing and delivery of the goods stated in the web interface of the shop are only valid in case the goods are delivered within the territory of Czech Republic.
3.4. To order the goods, the buyer fills-in an order form at the web interface of the shop. The order form includes especially information on:
3.4.1. goods ordered (the buyer “adds” the goods ordered into the electronic shopping basket of the web interface of the shop),
3.4.2. method of payment of the purchase price of the goods, information on the required method of delivery of the goods ordered, and
3.4.3. information about the costs connected with the delivery of the goods (further together as “order”).
3.5.. Before the order is sent to the seller, the buyer gets the opportunity to check and change the information entered by the buyer to the order, also regarding the possibility for the buyer to check and correct mistakes that occurred during entering the data to the order. The buyer sends the order to the seller by clicking on the “Confirm order” button. Information stated in the order is considered correct by the seller.
3.6. Sending the order is considered to be such act of the buyer, which unquestionably identifies the goods ordered, purchase price, the buyer as a person, method of payment of purchase price, and is a proposal of the purchase contract that is binding for the parties. A precondition of the validity of the order is filling-in all obligatory information in the order form, familiarizing oneself with these business conditions at the web page and confirmation by the buyer that they acknowledge these conditions.
3.7. The seller will confirm the reception of the order to the buyer immediately after receiving it by electronic mail, to the electronic mail address of the buyer stated in the user interface or in the order (further only “electronic address of the buyer”).
3.8.. The seller is always entitled to ask the buyer for additional confirmation of the order (e.g. in writing or by telephone) based on the character of the order (amount of goods, height of the purchase price, estimated transport costs).
3.9. The purchase contract proposal in the form of an order is valid for fifteen days.
3.10. The contractual relationship between the seller and the buyer originates from the delivery of the confirmation of the order (accepting), which the seller sends to the buyer by electronic mail to the electronic mail address of the buyer.
3.11. In case the seller isn’t able to fulfil some of the requirements stated in the order, they send to the buyer, to the electronic address of the buyer, a changed offer stating the possible versions of the order and ask for the decision of the buyer.
3.12. The changed offer is considered a new proposal of the purchase contract and the purchase contract is in such case made only by accepting it by the buyer using electronic mail.
3.13. The buyer acknowledges that the seller is not obliged to make the purchase contract, especially with persons who in the past substantially breached their obligations to the seller.
3.14. The buyer agrees to the use of telecommunication for the making of the purchase contract. Costs incurred to the buyer by using the telecommunications in connection with making the purchase contract (costs of internet connection, costs of phone calls) will be paid by the buyer themselves, while these costs don’t differ from the base rate.
4. PRICE OF THE GOODS AND PAYMENT CONDITIONS
4.1. The buyer can pay the seller the price of the goods and possible costs connected with the delivery of the goods according to the purchase contract by the following methods:
- cashless by transfer to the seller’s account no. 2900924144 / 2010, at the company Fio banka, a. s. (further only „seller’s account“);
- cashless using the payment system GoPay;
- cashless using on-line a payment card;
4.2. The buyer is also obliged to pay the seller the costs connected with packing and delivery of the goods in agreed height together with the purchase price. If not expressly stated otherwise, the purchase price further means also the costs connected with the delivery of the goods.
4.3. The seller does not require an advance payment or other similar payment from the buyer. This does not affect the stipulation of the article no. 4.6 of the business conditions about the obligation to pay the purchase price of the goods in advance.
4.4. In case of cash payment or using the cash on delivery service, the purchase price is due at the time of taking over the goods. In case of cashless payment, the purchase price is due within 14 days from making the purchase contract.
4.5. In case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with stating the variable symbol of the payment. In case of cashless payment, the obligation of the buyer to pay the purchase price fulfilled in the time of crediting the respective amount to the seller’s account.
4.6. The seller is authorised, especially in case there is no additional confirmation of the order from the side of the buyer (article 3.8) to require the payment of full purchase price prior to the sending of the goods to the buyer. The stipulation of the § 2119 par. 1 of the Civil Code wouldn’t be used.
4.7. Possible discounts of the price of the goods provided by the seller to the buyer could not be mutually combined.
4.8. If it is common in the business relations, or if the generally applicable legal regulations stipulate it, the seller will issue a tax document – invoice to the buyer regarding the payments made on the basis of the purchase contract. The seller is value added tax payer. The seller will issue the tax document – invoice to the buyer after the payment of the price of the goods and send it in electronic form to the electronic address of the buyer.
5. WITHDRAWAL OF THE PURCHASE CONTRACT
5.1. The buyer acknowledges that according to the stipulation of the § 1837 of the Civil Code, it is among other things, impossible to withdraw the purchase contract:
5.1.1. about the delivery of goods, when the price of it depends on the variations of the financial market independent of the will of the seller, which can occur during the period for withdrawal of the contract,
5.1.2. about the delivery of alcoholic beverages that could be delivered only after thirty days and whose price depends on the variations of the financial market independent of the will of the seller,
5.1.3. about the delivery of goods that were adapted according to the wish of the buyer or for them.
5.1.4. about the delivery of perishable goods and also the goods that were irretrievably mixed with other goods after delivery,
5.1.5. about the delivery of goods in a closed packing, which the buyer got out of the packing and that couldn’t be returned back due to hygienic reasons,
5.1.6. about the delivery of audio or video recording or computer programme, if their original packaging was damaged,
5.1.7. about the delivery of newspapers, periodicals and magazines,
5.1.8. about the delivery of digital content, if it wasn’t delivered on a physical medium and it was delivered with prior expressed approval of the buyer before the expiration of the period for withdrawal of the contract and the seller told the buyer before making the contract that in this case they doesn’t have the right to withdraw of the contract.
5.2. If it isn’t the case stated in article 5.1 or another case, when it is not possible to withdraw from the purchase contract, the buyer has, according to the stipulations of the § 1829 par. 1 of the Civil Code the right to withdraw from the purchase contract, within fourteen (14) days from taking over the goods, while in the case several kinds of goods or delivery of several parts are the object of the purchase contract, this period starts at the day of taking over the last delivery of the goods. The withdrawal of the purchase contract has to be sent to the seller within the period stated in the preceding sentence.
5.3. For the withdrawal of the purchase contract, the buyer can use the exemplary form provided by the seller that is in an attachment to the business conditions. The buyer can send the withdrawal of the purchase contract among others to the registered address of the seller or to the electronic mail address of the seller info@loktushe.cz. For the delivery of the withdrawal of the contract, that article 11 of these business conditions is valid.
5.4. In case of withdrawal of the purchase contract according to the article 5.2 of the business conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal of the contract to the seller. If the buyer withdraws of the purchase contract, they bear the costs of returning the goods to the seller, also in case the goods cannot be returned by the common postal service because of their nature.
5.5. In case of withdrawal of the contract according to the article 5.2 of the business conditions, the seller will return the finance received from the buyer within fourteen (14) days from the withdrawal of the purchase contract by the buyer in the same way the seller received them from the buyer. The seller is also authorised to return the fulfilment provided by the buyer already during the returning of the goods by the buyer or in other way, if there are no additional costs incurred to the buyer in connection with this. If the buyer withdraws of the purchase contract, the seller is not required to return the received finance to the buyer before the buyer returns the goods to them or proves that they sent the goods to the seller.
5.6. The seller is authorised to unilaterally count in the entitlement for compensation for damage of the goods against the entitlement of the buyer to the return of the purchase price.
5.7. Until the time of takeover of the goods by the buyer, the seller is entitled to withdraw of the purchase contract at any time. In such case the seller will return the purchase price to the buyer without unnecessary delay, cashless to an account appointed by the buyer.
5.8. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is made with a resolutive condition that in case of withdrawal of the purchase contract by the buyer, the gift contract regarding such gift loses effect and the buyer is obliged to return such provided gift to the seller together with the goods.
6. GOODS TRANSPORT AND DELIVERY
6.1. In case the method of transport is agreed based on a special request of the buyer, the buyer bears the risk and possible additional costs connected with this method of transport.
6.2. If the seller is obliged by the purchase contract to deliver the goods to a place appointed by the buyer in the order, the buyer is obliged to take the goods over at delivery.
6.3. In case it is necessary to deliver the goods repeatedly or in other way than stated in the order out of some reasons at the side of the buyer, the buyer is obliged to pay the costs connected with the repeated delivery of the goods, respective costs connected with another method of delivery.
6.4. When taking the goods over from the carrier, the buyer is obliged to check the integrity of the goods packing and in case of any damage to immediately tell this to the carrier. In case of damage of the packing that shows unauthorised access to the shipment, the buyer doesn’t have to take the shipment over from the carrier.
6.5. Other rights and obligations of the parties during the transport of the goods can be arranged by special delivery conditions of the seller, if they are issued by the seller.
7. RIGHTS FROM FAULTY FULFILMENT
7.1. The rights and obligations of contract parties regarding faulty fulfilment are governed by the respective generally binding regulations (especially the stipulations of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
7.2. The seller is responsible to the buyer for the goods to be faultless during takeover. The seller is especially responsible to the buyer regarding the fact that when the buyer takes over the goods:
7.2.1. the goods have characteristics that the parties agreed upon, and in case no such agreement was made, has the characteristics that the seller or producer described, or that the buyer expects regarding the nature of the goods and on the base of the advertisement they made,
7.2.2. the goods is suitable to the purpose the seller states for its use, or for which the goods of this type are usually used,
7.2.3. the goods corresponds in quality or version to an agreed sample or model, if the quality or version were defined by an agreed sample or model,
7.2.4. the goods math the adequate quantity, measure or weight and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. Stipulations included in the article 7.2 of the business conditions wouldn’t be used for goods sold for a lower price for a fault, for which the lower price was agreed, to the wear of the goods caused by its normal use, with used goods for a fault corresponding to the amount of usage or wear the goods had when taken over by the buyer, or if the nature of the goods implies it.
7.4. If the fault occurs during six months from the takeover, it is expected that the goods were already faulty during the takeover. The buyer is authorised to exercise the right from a fault that occurs in consumer goods within twenty four months from the takeover.
7.5. The buyer exercises the rights from faulty fulfilment at the seller at their registered address and place of business at 28. října 59/42, 460 07 Liberec 7 1, where the acceptance of the complaint is possible as regards the product range sold. The moment of exercising the complaint is considered to be the moment, when the seller received the goods claimed from the buyer.
7.6. Other rights and obligations of the parties connected with the responsibility of the seller for faults could be arranged by the rules of complaints of the seller.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACT PARTIES
8.1. The buyer acquires the ownership of the goods by paying the full purchase price of the goods.
8.2. The seller is not bound regarding the relationship to the buyer by any codes of conduct according to the stipulations of § 1826 par. 1 letter. e) of the Civil Code.
8.3. Out-of-court handling of the complaints of the consumers is arranged by the seller using the electronic address info@loktushe.cz. The seller will send the information about settlement to the electronic address of the buyer.
8.4. The seller is authorised to sell goods on the basis of a trade licence. The trade control is conducted by the respective Trade Supervisory Office within its competences. The supervision on the area of protection of personal data is conducted by the Office for Personal Data Protection. The Czech Trade Inspection Authority in the delimited scope conducts among others the surveillance of observance of the act no. 634/1992 Col., on the protection of the consumer, as amended.
8.5. The buyer thus takes over the risk of change of circumstances in the meaning of the § 1765 par. 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The seller is entitled to process personal data only to the extent and under the conditions stipulated by the Purchase Agreement, as amended (hereinafter "the Agreement") and in accordance with applicable laws. The Personal Data Manager within the scope of this article is the seller because the Seller determines the purpose and means of processing personal data. The seller undertakes to inform the buyer of any changes regarding the processing of personal data through the website www.loktushe.cz.
9.2. The seller shall process personal data in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Regulation on the Protection of Personal Data) 101/2000 Coll., On the Protection of Personal Data and the Act, which this Act replaces for the purpose of implementing the aforementioned Regulation, by Act No. 480/2004 b., On some Information Society Services, Act No. 127/2005 Coll. electronic communications and other legislation governing the protection of personal data.
9.3. The seller is entitled to legal title (legitimate interest in the performance of the purchase contract). Purchaser to obtain and process buyer's data, such as name, surname, address, telephone number, e-mail address, bank account number, details of purchased goods and services, payment history and contact details with the buyer for the purposes of:
- orders, the conclusion and performance of the Contract, its modification or termination;
- compliance with the legal obligations of the trustee,
- invoicing, receipt and recording of payments and receivable records,
- developing a list of buyers,
- data management of buyer data or obtained from buyers,
- processing of buyer's inquiries,
- handling complaints and other submissions of the buyer,
- fighting fraud and defaulters, credit scrutiny,
- market research,
- needs (direct) marketing,
- presentation of other services or products to buyers,
- protection of the rights and rights of the Administrator's interests,
- automated processing of personal data, which consists in generating analyzes aimed at categorizing data relating to individuals and groups, and the application of these categories per person (profiling).
9.4. The purchaser acknowledges that the provision of personal data is voluntary. Regardless of the above, the buyer also acknowledges that it is not possible to conclude a purchase contract by not providing personal data to the extent required in the order of goods and services.
9.5. Subject to buyer's consent, the Seller is authorized to process its personal data to the extent necessary for the purpose of offering seller's services and products, distributing other business communications, and marketing purposes. For this purpose, the seller may also use so-called cookies (small files that are stored on the buyer's computer) when visiting the seller's website if the buyer states in the manner stated on the website that he has no objection. To use so-called functional or technical cookies (eg to remember orders made, etc.), consent is not necessary.
9.6. Information on the processing of personal data, in particular about the processing titles, the purposes and processing methods, as well as the rights of the Purchaser (data subject) in connection with the processing of personal data, can be found at www.loktushe.cz in section Privacy.
9.7. Protection of personal data of the buyer, who is a natural person, is provided in accordance with current legislation. All information on the protection of personal data, in particular the legal rights to process, the purposes and methods of processing, as well as your rights in relation to the processing of your personal data, can be found at www.loktushe.cz in the Privacy section.
10. DELIVERY
10.1. Notices concerning the relationship between the seller and buyer, especially regarding the withdrawal of the contract, must be delivered by post in the form of registered letter, if the purchase contract doesn’t state otherwise. Notices are delivered to the respective contact address of the other party and are considered delivered and effective by the moment of their delivery by the post, with the exception of the notice of withdrawal of the contract, where the withdrawal is effective, if the notification is sent by the buyer within the withdrawal period.
10.2. The notification, whose takeover was refused by the addressee, which wasn’t retrieved during the storage period, or that was returned as undeliverable.
10.3. Contract parties can mutually deliver common correspondence using electronic post, to the electronic post address stated in the user account of the buyer or stated by the buyer in the order, respective to the address stated at the seller’s web page.
11. CONCLUDING STIPULATIONS
11.1. If the relationship established by the purchase contract contains international (foreign) element, the parties agree that the relationship will be governed by Czech law. This doesn’t affect the consumer’s rights emerging from general binding legal regulations.
11.2. If some stipulation of the business conditions is invalid or ineffective, or becomes such, stipulations with a meaning as close as possible to the invalid stipulations come to their place. Invalidity or ineffectiveness of one stipulation doesn’t affect the validity of the other stipulations. Changes and amendments to the purchase contract or business conditions require written form.
11.3. Purchase contract including business conditions is archived by the seller in electronic form and it is not accessible.
11.4. Attached to the business conditions is an exemplary form for withdrawal of the purchase contract.
11.5. Contact information of the seller: address for delivery 28. října 59/42, 460 07 Liberec 7, electronic mail address info@loktushe.cz, phone +420777629264.
In Liberec on May 25, 2019
Barbora Šolková, CEO