I. Basic provisions
- These general Terms and Conditions (hereinafter the “Terms and Conditions” are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”)
190 14 Praha 9 – Klánovice
Reg. No.: 08866040
(hereinafter the “Seller")
- These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase contract outside their business as a consumer or within their business (hereinafter the “Buyer”) through a web interface located on a website available at www.locomotif.cz (hereinafter the “online shop”).
- The provisions of the Terms and Conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these Terms and Conditions.
- These Terms and Conditions and the purchase contract are concluded in the Czech language.
II. Information on goods and prices
- Information about the goods, including the prices of individual items and their main properties, is specified under the individual items in the online shop catalogue. The stated prices include value added tax, all related fees and costs for the return of the goods, if the goods cannot, by their nature, be returned in the usual postal manner. The prices of the goods remain valid as long as they are displayed in the online shop. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.
- All presentation of goods placed in the online shop is of an informative nature and the Seller is not obliged to enter into a purchase contract regarding these goods.
- The online shop states all information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the online shop is valid only if the goods are delivered within the territory of the Czech Republic.
- Any discounts on the purchase price of the goods cannot be combined with other discounts, unless otherwise agreed between the Seller and the Buyer.
III. Order and conclusion of a purchase contract
- Costs incurred by the Buyer in the use of distance communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer. These costs do not differ from the basic rate.
- The Buyer orders goods in the following ways:
- through their customer account, if they have previously registered in the online shop,
- by filling in the order form without registration.
- When placing an order, the Buyer chooses items, their quantity, the method of payment and delivery.
- Before confirming the order, the Buyer can check and change the data they entered in the order. The Buyer can sent the order to the Seller by clicking the “Send order” button. The data listed in the order are deemed correct by the Seller. For the order to be valid, the Buyer must fill in all mandatory information in the order and confirm that they have read these Terms and Conditions.
- Immediately after receiving the order, the Seller will send a confirmation of receipt of the order to the Buyer’s e-mail address that was entered in the order form. This confirmation is automatic and is not considered a conclusion of the contract. Attached to the confirmation are the current Terms and Conditions of the Seller. The purchase contract is concluded only after the acceptance of the order by the Seller. A notice of receipt of the order is sent to the Buyer’s e-mail address.
- If any of the requirements specified in the order cannot be met by the Seller, they will send an amended offer to the Buyer’s e-mail address. The amended offer is considered as a new draft of the purchase contract and in such case the Buyer can send a confirmation of this offer to the Seller’s e-mail address specified in these Terms and Conditions.
- All orders received by the Seller are binding. The Buyer can cancel the order until the Buyer receives a notification of receipt of the order by the Seller. The Buyer can cancel the order via the Seller’s phone number or e-mail address specified in these Terms and Conditions.
- In the event of an obvious technical error on the part of the Seller in the pricing of goods in the online shop or in the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously incorrect price, even if the Buyer was sent an automatic confirmation of receipt under these Terms and Conditions. The Seller informs the Buyer of the error without undue delay and sends an amended offer to the Buyer’s e-mail address. The amended offer is considered as a new draft of the purchase contract and in such case the Buyer can send a confirmation of this offer to the Seller’s e-mail address.
IV. Customer account
- Based on the Buyer’s registration made in the online shop, the Buyer can access their customer account. The Buyer can order goods from their customer account. The Buyer can also order goods without registration.
- When registering the customer account and when ordering goods, the Buyer is obliged to state all information correctly and truthfully. The Buyer is obliged to update the information specified in the customer account in the event of any change. The data provided by the Buyer in the customer account and when ordering are considered correct by the Seller.
- Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information required to access their customer account. The Seller is not responsible for any misuse of the customer account by third parties.
- The Seller is not entitled to allow the use of the customer account to third parties.
- The Seller may cancel the customer account, especially if the account is no longer used by the Buyer, or if the Buyer violates their obligations under the purchase contract and these Terms and Conditions.
- The Buyer acknowledges that the customer account may not be available around the clock, especially with regard to necessary maintenance of the hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software.
V. Payment terms and delivery of goods
The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the Buyer in the following ways:
- bank transfer to the Seller’s account no. 296739938/0300 opened with ČSOB.
- cash on delivery
- card payment
- cashless transfer to the Seller’s account via GoPay
- In the case of cashless payment, the purchase price is due within 7 days of the conclusion of the purchase contract.
- In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s bank account.
- The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before sending the goods is not a deposit.
- According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, they are obliged to register the received revenue with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest.
- The goods are delivered to the Buyer: to the address specified by the Buyer in the order
- The choice of shipping method is made during ordering.
- The shipping costs depending on the shipping method and receipt of goods are specified in the Buyer’s order and in the order confirmation by the Seller. If the shipping method is contracted on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this shipping method.
- If, according to the purchase contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the Buyer, the goods must be delivered repeatedly or in another way than specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods or costs associated with the different shipping method.
- Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in case of any defects, immediately notify the carrier. If the packaging shows evidence of unauthorized entry, the Buyer does not have to take over the package from the carrier.
- The Seller will issue a tax document (invoice) to the Buyer. The tax document is sent to the Buyer’s e-mail address.
- The Buyer acquires ownership of the goods by paying the full purchase price, including shipping costs, but not before receiving the goods. Liability for accidental destruction, damage or loss of the goods passes to the Buyer at the time of receipt of the goods or the moment when the Buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
Withdrawal from the contract
- A buyer who has concluded a purchase contract outside their business as a consumer has the right to withdraw from the purchase contract.
- The period for withdrawal from the contract is 14 days from the date of receipt of the goods.
- The Buyer cannot withdraw from the purchase contract in the case of:
- provision of services, if they were fulfilled with the Buyer’s prior express consent before the expiry of the period for withdrawal from the contract and the Seller informed the Buyer before concluding the contract that in such a case they have no right to withdraw from the contract,
- delivery of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the Seller and which may occur during the period for withdrawal from the contract,
- delivery of goods that have been modified according to the wishes of the Buyer,
- delivery of goods in a closed packaging, which the Buyer unpacked and which cannot be returned for hygienic reasons,
- in other cases specified in Section 1837 of the Civil Code.
- In order to comply with the withdrawal period, the Buyer must send a statement of withdrawal within the withdrawal period.
- The Buyer shall sent the withdrawal statement to the Buyer’s e-mail or postal address specified in these Terms and Conditions. The Seller will immediately confirm to the Buyer the receipt of the form.
- After withdrawing from a contract, the Buyer is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by regular mail due to their nature.
- If the Buyer withdraws from the contract, the Seller will immediately, but no later than 14 days from the withdrawal from the contract, refund the purchase price including all shipping costs that the Seller received from the Buyer in the same way. The Seller will refund the money received from the Buyer in a different way only with the Buyer’s consent and if they do not incur additional costs.
- If the Buyer did not choose the cheapest shipping method offered by the Seller, the Seller will reimburse the Buyer the shipping costs in the amount corresponding to the cheapest offered shipping method.
- If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the money received to the Buyer until the Buyer hands over the goods or proves that they sent the goods to the Seller.
- The Buyer must return the goods to the Seller undamaged, unworn and clean, preferably in the original packaging. The Seller is entitled to indemnify the Seller against the Buyer’s claim for repayment of the purchase price.
- The Seller is entitled to withdraw from the purchase contract if the goods are out of stock, unavailable, or when the manufacturer, importer or supplier of the goods has ceased production or import of the goods. The Seller shall promptly inform the Buyer via the e-mail address specified in the order and return within 14 days of the notice of withdrawal of the purchase contract all funds, including delivery costs received by them under the contract in the same manner or in the manner specified by the Buyer.
VII. Rights from a defective performance
- The Seller is liable to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is liable to the Buyer that, at the time of receipt of the goods:
- the goods have the properties agreed upon by the Parties and, in the absence of an agreement, have the properties described by the Seller or the manufacturer or which the Buyer expected with regard to the nature of the goods and on the basis of their advertising,
- the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
- the quality or design of the goods corresponds to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are in the appropriate quantity, measure or weight and
- the goods comply with the legal requirements.
- If a defect becomes apparent within six months of receipt of the goods by the Buyer, the product is considered to have been defective already at the time of receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a price lowered as a result of this defect, to wear and tear of the goods caused by their normal use, to used goods with a defect corresponding to the degree of use or wear and tear that was already present when the goods were taken over by the Buyer or due to the nature of the goods.
- In the event of a defect, the Buyer may submit a complaint to the Seller and request:
- exchange for new goods,
- repair of the goods,
- reasonable discount from the purchase price,
- withdrawal from the contract.
- The Buyer has the right to withdraw from the contract:
- if the goods have a substantial defect,
- if they cannot use the goods properly due to the recurrence of the defect or defects after repair,
- if the goods exhibit a larger number of defects.
- The Seller is obliged to accept the complaint at any establishment where complaints can be accepted, or at the registered office or place of business. The Seller is obliged to issue to the Buyer a written confirmation of when the Buyer exercised the right, what is the subject of the complaint and what method of handling the complaint the Buyer requested, as well as confirmation of the date and method of handling the complaint, including confirmation of repair completion and its duration , or written justification of the rejection of the complaint.
- The Seller or an employee authorized by the Seller will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of defects, must be settled immediately, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiration of this period in vain is considered as a material breach of contract and the Buyer has the right to withdraw from the purchase contract. The moment when a claim is made is considered to be the moment when the Buyer expresses the will to do so (exercise the right from a defective performance) to the Seller.
- The Seller informs the Buyer in writing about the result of the complaint.
- The Buyer does not have the right from a defective performance if the Buyer knew before taking over the goods that the product has a defect or if the defect was caused by the Buyer.
- In the case of a justified complaint, the Buyer has the right to reimbursement of purposefully incurred costs in connection with the complaint. The Buyer can exercise this right within one month after the expiration of the warranty period.
- The Buyer can choose the method of settling the complaint.
- The rights and obligations of the Contracting Parties regarding the rights arising from a defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.
- Other rights and obligations of the Parties related to the Seller’s liability for defects are regulated by the Seller’s complaint procedure.
- The Contracting Parties may exchange all written messages by electronic mail.
- The Buyer sends messages to the Seller’s e-mail address specified in these Terms and Conditions. The Seller sends messages to the Buyer’s e-mail address specified in their customer account or in the order.
Out-of-court dispute resolution
- Out-of-court settlement of consumer disputes arising from the purchase contract is handled by the respective Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Czech Republic, trade reg. no.: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under a purchase contract.
- The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Czech Republic, website: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
- The Seller is entitled to sell goods on the basis of a trade license. Trade license inspection is performed by the respective Trade Licensing Office within the scope of its competence. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act. No. 634/1992 Coll., on consumer protection.
- All agreements between the Seller and the Buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, the Parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
- In relation to the Buyer, the Seller is not bound by any codes of conduct in the sense of the provisions of Section 1826 (1) (e) of the Civil Code.
- All rights to the Seller’s website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
- The Seller is not responsible for errors caused by third party interference in the online shop or as a result of the online shop being used contrary to its purpose. When using the online shop, the Buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow them or third parties to interfere or use the software or other components that make up the online shop and use the online shop or its parts or software in such a way that would be contrary to its purpose.
- The Buyer hereby assumes the risk of a change of circumstances in the sense of Section 1765 (2) of the Civil Code.
- The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The wording of the Terms and Conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
These Terms and Conditions take effect on 14 February 2020.