of the company Global Tracking s.r.o., IČO: 03807487, with its registered office at Pitterova 2855/7, Žižkov, 130 00 Praha 3, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 428433 (hereinafter only “Seller”)
1. INTRODUCTORY PROVISIONS
1.1. These business terms and conditions of the Seller (hereinafter only “Terms and Conditions”) govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter only “Civil Code”), the conditions for the operation and use of the KLOKI online store operated by the Seller at https://www.kloki.cz (hereinafter only “E-shop”), as well as the terms of the purchase contracts and the contracts for the provision of services (hereinafter only “Contract”) concluded between the Seller and the customers purchasing in the E-shop (hereinafter only “Buyer”).
1.2. The provisions of the Terms and Conditions form an integral part of the Contract from the moment of its conclusion. Arrangements deviating from the Terms and Conditions may be agreed in writing in the Contract; such arrangements take precedence over the Terms and Conditions.
1.3. The Terms and Conditions apply to cases where the Buyer is a natural person who, when concluding the contract, acts outside the scope of their business activity or outside the scope of the independent exercise of their profession (consumer).
1.4. These Terms and Conditions and all legal relations arising from them, including the Contract, are governed by the law of the Czech Republic.
1.5. Unless otherwise stipulated in these Terms and Conditions, the rights and obligations of the Seller and the Buyer are governed by the relevant generally binding legal regulations.
2. REGISTRATION AND USER ACCOUNT
2.1. The Buyer may use the E-shop and conclude Contracts even without the need for registration. If the E-shop allows it at the given moment, the Buyer may, in order to facilitate the use of the E-shop and the conclusion of Contracts, voluntarily register in the E-shop and set up their user account (hereinafter only “User Account”). Some functions of the E-shop may be available only to registered users through the User Account.
2.2. For the purposes of registration, the Buyer shall fill in the electronic form in the E-shop and send it to the Seller through the E-shop interface. In the registration form, the Buyer must provide correctly and completely all the data marked as mandatory.
2.3. A natural person may carry out the registration independently if, on the day of completing the registration, they have reached the age of 18 and have full legal capacity.
2.4. By sending the registration form, the Buyer confirms that they have familiarised themselves with these Terms and Conditions and that they agree with their wording. The Buyer also confirms that they acknowledge the Information on the processing of personal data available for review, among other places, in the E-shop interface.
2.5. After sending the registration form to the Seller, the Buyer is obliged to verify their e-mail address in accordance with the Seller's instructions. Upon verification of the Buyer's e-mail address, the registration is completed (that is, the contract on registration is concluded and the User Account is set up, hereinafter only “Registration”).
2.6. On the basis of the Registration, a User Account is automatically created.
2.7. A User Account always belongs to one Buyer. A Buyer may have only one User Account at any time.
2.8. The Buyer is responsible for the correctness and truthfulness of all data provided in the User Account. In the event of any change to such data, the Buyer is obliged to update the data without undue delay. The Seller is not liable for any damage arising as a result of a breach of the Buyer's obligation under this paragraph.
2.9. In order to access the User Account, the Buyer's login details must be entered correctly. The Buyer is obliged to protect their login details properly and to prevent any third party from accessing the access details or the User Account. If the Buyer suspects that the access details have been disclosed or misused, the Buyer must change their access details without undue delay and inform the Seller of such suspicion.
2.10. The Buyer is not entitled to allow any third party to use their User Account. The Buyer is responsible for the activity taking place within their User Account, regardless of whether it is carried out by the Buyer, by another person authorised by the Buyer, or by another third party.
2.11. The Seller is not liable for any damage caused by unauthorised access to the User Account by a third party as a result of the Buyer's failure to comply with the obligations arising from these Terms and Conditions.
2.12. The Buyer is entitled to cancel their User Account at any time and thereby terminate the Registration through the E-shop interface. This does not affect any Contracts already concluded.
2.13. The Seller may cancel the Buyer's User Account and thereby terminate the Registration, in particular where the Buyer has not used their User Account for more than 1 (one) year, or where the Buyer breaches their obligations arising from these Terms and Conditions. The Seller shall notify the Buyer of the cancellation of the User Account by e-mail.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The presentation of goods and services in the E-shop is of an informative nature and the Seller is not obliged to conclude a Contract regarding the presented goods or service. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2. The prices of goods and services displayed in the E-shop interface are stated including value added tax and all other taxes, related fees and other similar monetary payments, unless stated otherwise.
3.3. A Contract regarding specific goods or a specific service is concluded on the basis of an order placed by the Buyer through the order form in the E-shop interface (hereinafter only “Order”). The Buyer must complete all the details marked as mandatory in the order form; without these, the Order cannot be completed. The order form contains in particular:
3.3.1. information about the goods or service ordered and their quantity (the Buyer selects the goods or service by adding them to the cart in the E-shop interface),
3.3.2. information about the requested method of delivery of the goods or provision of the service, including information about the costs associated with the delivery of the goods, or the service,
3.3.3. the identification details of the Buyer, the delivery and billing address,
3.3.4. the selected payment method, including any fees associated with the given payment method.
3.4. Before sending the Order to the Seller, the Buyer is able to check and change the data that the Buyer has entered into the Order, including with regard to the Buyer's ability to detect and correct errors arising when entering data into the Order. After sending the Order, the Buyer can no longer change the data entered into the Order, nor correct errors in the Order. All data provided in the Order must be correct, complete and up to date. The Seller is not liable for any damage arising in connection with the provision of incorrect, incomplete or out-of-date data by the Buyer.
3.5. The Buyer sends the Order to the Seller by clicking the “Pay for the order” button. By sending the Order, the Buyer confirms that they have familiarised themselves with these Terms and Conditions and with the Seller's Complaints Procedure and that they agree with them, and further that they acknowledge the Information on the processing of personal data by the Seller.
3.6. The Seller shall confirm receipt of the Order to the Buyer by e-mail to the Buyer's address stated in the Order, without undue delay after receiving it.
3.7. The Contract is concluded at the moment when:
3.7.1. the Buyer duly pays the full price for the goods or service under the Order placed, and
3.7.2. the Seller delivers to the Buyer a confirmation of receipt of the Order (acceptance) and of receipt of payment for the goods or service in the Order, namely to the Buyer's e-mail address stated in the Order.
3.8. If the Buyer does not duly pay the price under the Order even within 3 (three) days of the day on which the Order is delivered to the Seller, the Order will be cancelled.
3.9. The Seller is always entitled, depending on the nature of the Order (the quantity of goods or services, the amount of the purchase price, the estimated transport costs), to ask the Buyer for additional confirmation of the Order (for example in writing or by telephone).
3.10. If the subject of the Contract is the provision of Digital content that is not delivered on a tangible medium, the confirmation under paragraph 3.7.2 also contains the information that the Buyer expressly consents to the commencement of performance before the expiry of the period for withdrawal from the Contract and that the Buyer acknowledges that, by granting this consent, the Buyer's right to withdraw from the Contract under paragraph 11.1.2.4 ceases to exist.
4. PRICE OF GOODS OR SERVICES AND PAYMENT TERMS
4.1. The prices of goods or services are always displayed with the given goods or service in the E-shop interface and remain valid for the period during which they are displayed in the E-shop. The decisive price is the price of the goods or service valid at the moment the Order is sent to the Seller.
4.2. The price of the Digital content service, in particular of the use of software, may take the form of a subscription or of recurring flat-rate payments. The Digital content may differ according to the versions of paid access. The Seller may agree with the Buyer that the price of the service is paid in advance regularly for a specified period during which access to the Digital content lasts, and the payment may further be automatically renewed at the end of the relevant period unless the Buyer cancels access to the Digital content before the end of that period.
4.3. The price of the goods or service and any costs associated with the delivery of the goods or the provision of the service under the Contract shall be paid by the Buyer to the Seller in one of the ways listed as the offered payment options in the E-shop interface (in the order form). Unless the E-shop interface states otherwise, payments may be made in the following ways:
4.3.1. cashless payment by payment card through an available payment method.
4.4. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods or with the provision of the service in the agreed amount. Unless the E-shop interface (the order form) states otherwise, the purchase price already includes these costs.
4.5. In the case of a cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account. The Seller shall confirm to the Buyer by e-mail, without undue delay, that the purchase price has been paid.
4.6. Unless the E-shop states otherwise, payments for goods or services are made in Czech crowns. Any conversion fees shall be borne by the Buyer.
5. TRANSPORT AND DELIVERY OF GOODS
5.1. Orders are processed by the Seller without undue delay after the conclusion of the Contract. Delivery times vary according to the type of goods ordered, and the expected delivery times are always stated with each individual item in the E-shop. Delivery times are stated in working days. The Seller does not dispatch the goods to the Buyer before receiving payment of the price under the Order.
5.2. In the event that the Seller is unable, for various reasons, to meet the expected delivery time stated in the E-shop, the Seller will contact the Buyer and inform the Buyer of the actual date of dispatch of the ordered goods.
5.3. The method of transport and delivery of the goods is chosen by the Buyer in the Order from the options offered by the Seller at that moment in the E-shop.
5.4. In the event that the method of transport is arranged on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
5.5. If, under the Contract, the Seller is obliged to deliver the goods to the place designated by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery. In the event that, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the other method of delivery.
5.6. The Seller hands over the goods to the Buyer only once the carrier delivers the goods to the Buyer. In the event that the Buyer collects the goods in person from the Seller, the Seller fulfils its obligation to hand over the goods to the Buyer at the moment when the Seller enables the Buyer to dispose of the goods.
5.7. Other rights and obligations of the parties in the transport of the goods may be governed by the Seller's special delivery terms, if issued by the Seller.
5.8. If the Seller is in default with handing over the goods, the Buyer may withdraw from the Contract if the Seller fails to fulfil its obligation even within an additional reasonable period granted to the Seller by the Buyer. The Buyer may withdraw from the Contract without an additional period only where the Seller has refused to perform, or where performance at the specified time is essential having regard to the circumstances at the conclusion of the Contract, or where the Buyer informed the Seller before the conclusion of the Contract that delivery at a certain time is essential. The Seller shall return to the Buyer, without undue delay after the withdrawal from the Contract, all monetary payments that the Buyer has paid under the Contract.
6. ACCEPTANCE OF GOODS UPON DELIVERY BY CARRIER
6.1. The Buyer is obliged, without undue delay after the delivery of the goods by the relevant carrier or delivery service provider, to check the condition of the shipment (the number of packages, the integrity of the tape, the undamaged state of the packaging) against the Contract and the carrier's document.
6.2. The Buyer is entitled to refuse to accept goods that are visibly damaged, or where the transport packaging is visibly damaged to a considerable extent in a way that gives rise to a reasonable presumption that the shipment has been tampered with without authorisation, or that the goods inside are damaged (this also applies to cases where it is apparent from the shipment that it has been exposed to the effects of weather or water). If the Buyer nevertheless accepts such a damaged shipment from the carrier, the Buyer is obliged to describe the damage in the carrier's handover protocol and to notify the Seller of it without undue delay at the contact e-mail address stated below. The Seller recommends taking photographic documentation of the parcel and/or of the damaged packaging at the same time.
7. QUALITY OF GOODS UPON RECEIPT
7.1. The Seller is liable to the Buyer for the goods being free from defects upon their receipt by the Buyer. In particular, the Seller is liable to the Buyer that the goods:
7.1.1. correspond to the agreed description, type and quantity, as well as to the quality, functionality, compatibility, interoperability and other agreed properties,
7.1.2. are suitable for the purpose for which the Buyer requires them and with which the Seller has agreed, and
7.1.3. are delivered with the agreed accessories and instructions for use, including the installation instructions.
7.2. The Seller is liable to the Buyer that, in addition to the agreed properties:
7.2.1. the goods are suitable for the purpose for which goods of the same kind are usually used, also with regard to the rights of third parties, legal regulations, technical standards or, in the absence of technical standards, the codes of conduct of the given industry,
7.2.2. the goods, in their quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual properties of goods of the same kind that the Buyer may reasonably expect, also with regard to public statements made by the Seller or by another person in the same contractual chain, in particular by advertising or labelling,
7.2.3. the goods are delivered with the accessories, including the packaging, the manual and other instructions for use, that the Buyer may reasonably expect.
7.3. The Seller is not bound by a public statement under paragraph 7.2.2 if the Seller proves that it was not aware of it, or that the statement had been amended by the time of the conclusion of the Contract at least in a manner comparable to that in which it was made, or that it could not have influenced the decision to purchase.
7.4. Paragraph 7.2 does not apply where the Seller specifically notified the Buyer before the conclusion of the Contract that a particular property of the goods differs and the Buyer expressly agreed to this when concluding the Contract.
7.5. If a defect appears within one year of receipt, the goods are presumed to have been defective already upon receipt, unless the nature of the goods or of the defect precludes this. This period does not run for the time during which the Buyer cannot use the goods, where the Buyer has legitimately pointed out the defect.
8. RIGHTS FROM DEFECTIVE PERFORMANCE IN CASE OF GOODS
8.1. If the goods do not have the properties under Article 7 of these Terms and Conditions, they have a defect.
8.2. The Buyer may point out a defect that appears in the goods within 2 (two) years of receipt.
8.3. The Buyer is not entitled to rights from defective performance:
8.3.1. where the Buyer caused the defect themselves,
8.3.2. in the case of wear and tear of the goods caused by their usual use.
8.4. If the goods have a defect, the Buyer may request its removal. At the Buyer's option, the Buyer may request:
8.4.1. the delivery of new goods without the defect, or
8.4.2. the repair of the goods,
unless the chosen method of removing the defect is impossible or, in comparison with the other method, disproportionately costly; this is assessed in particular with regard to the significance of the defect, the value that the goods would have without the defect, and whether the defect can be removed by the other method without significant difficulties for the Buyer.
8.5. The Seller may refuse to remove the defect where this is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value that the goods would have without the defect.
8.6. For the purpose of removing the defect, the Seller shall take over the goods at its own expense.
8.7. The Buyer may request a reasonable discount or withdraw from the Contract if:
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8.7.1. the Seller refused to remove the defect or failed to remove it in accordance with paragraphs 8.5 and 8.6,
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8.7.2. the defect appears repeatedly,
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8.7.3. the defect constitutes a substantial breach of the Contract, or
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8.7.4. it is evident from the Seller's declaration or from the circumstances that the defect will not be removed within 30 days of the complaint being made or without significant difficulties for the Buyer.
8.8. A reasonable discount is determined as the difference between the value of the goods without a defect and the value of the defective goods received by the Buyer.
8.9. The Buyer may not withdraw from the Contract if the defect of the goods is insignificant; the defect is presumed not to be insignificant.
8.10. If the Buyer withdraws from the Contract, the Seller shall return the purchase price to the Buyer without undue delay after receiving the goods or after the Buyer proves to the Seller that the Buyer has sent the goods.
9. GOODS WITH DIGITAL PROPERTIES AND DIGITAL CONTENT SERVICE
9.1. This Article 9 lays down different conditions where the subject of the Contract is goods (that is, a tangible movable thing) that are connected with Digital content or with a Digital content service in such a way that, without them, the goods could not perform their functions (in these Terms and Conditions only “Goods with digital properties”), or where the subject of the Contract is making data available in digital form for use by the Buyer for the Buyer's own needs (in these Terms and Conditions only “Digital content”) or the provision of a Digital content service, meaning enabling the Buyer to create, process or store data in digital form or to access such data, to share data in digital form uploaded or created by the Buyer or by another user of that service, or any other interaction with such data. The other provisions of the Terms and Conditions apply to Goods with digital properties and to the Digital content service accordingly, unless this Article 9 contains a special arrangement or unless their nature excludes it. With regard to the agreed subject of the Contract, the Seller may provide the Buyer with a Digital content service that is not connected with the purchase of goods (typically the use of software).
9.2. Unless the Seller stipulates otherwise, Digital content consisting of software is made available without undue delay after the conclusion of the Contract. In the case of software, the Digital content is made available for download through one of the marketplaces designated for that purpose (Google Play, App Store and similar). The Seller makes available, and continues to make available to the Buyer throughout the performance of the Contract, a version of the Digital content that is compatible with the current version of the Google Chrome and Microsoft Edge web browsers; the Seller guarantees compatibility with other versions of web browsers that are no more than 5 years old. The Seller is entitled to stipulate that the Buyer may use the Digital content, in particular software, only after the Buyer's prior registration; until the registration is completed, the software is not made available to the Buyer. The costs of securing access to the software (in particular internet connection fees) are borne by the Buyer.
9.3. To the maximum extent permitted by Czech law, the Seller is not liable for any damage incurred by the Buyer in connection with the use of the Digital content service.
9.4. Rights from defective performance in the case of Goods with digital properties and the Digital content service
9.4.1. The Seller undertakes to make reasonable efforts to ensure that the Digital content is always available, functional and secure. The Buyer acknowledges, however, that despite these efforts of the Seller, the Digital content service may not always be fully available or fully secure; for example, some of its functions may be unavailable, in particular for reasons of necessary maintenance of the hardware and software equipment of the Seller or of third parties.
9.4.2. The Seller is liable to the Buyer for the fact that the Digital content is free from defects for the duration of the Contract. In particular, the Seller is liable to the Buyer for the fact that the Digital content:
9.4.2.1. corresponds to the agreed description and scope, as well as to the quality, functionality, compatibility, interoperability and other agreed properties,
9.4.2.2. is suitable for the purpose for which the Buyer requires it and with which the Seller has agreed, and
9.4.2.3. is provided with the agreed accessories and instructions for use, including installation instructions, and with user support.
9.4.3. The Seller is liable to the Buyer for the fact that, in addition to the agreed properties:
9.4.3.1. the Digital content is fit for the purpose for which Digital content of this kind is usually used, having regard also to the rights of third parties, legal regulations, technical standards or, where there are no technical standards, the codes of conduct of the given industry,
9.4.3.2. the Digital content corresponds, in its scope, quality and other performance parameters, including functionality, compatibility, accessibility, continuity and security, to the usual characteristics of Digital content of the same kind which the Buyer may reasonably expect, having regard also to public statements made by the Seller or by another person in the same contractual chain, in particular by advertising or labelling,
9.4.3.3. the Digital content is provided with the accessories and instructions for use which the Buyer may reasonably expect, and
9.4.3.4. the Digital content corresponds to the trial version or preview which the Seller made available before the conclusion of the Contract.
9.4.4. The Seller is not bound by a public statement under paragraph 9.4.3.2 if it proves that it was not aware of the statement, or that by the time the Contract was concluded the statement had been corrected at least in a manner comparable to that in which it had been made, or that it could not have influenced the decision to conclude the Contract.
9.4.5. Paragraph 9.4.3 does not apply where the Seller specifically notified the Buyer before the conclusion of the Contract that a particular characteristic of the Digital content differs and the Buyer expressly agreed to this when concluding the Contract.
9.4.6. The Buyer may point out a defect that appears or occurs in the Digital content during the term of the Contract. Where it is a one-off performance, the Buyer may point out a defect that appears in the Digital content within 2 (two) years of it being made available. Where, under the Contract, the Digital content or the Digital content service is to be provided continuously over a certain period, the Digital content or the Digital content service is presumed to be provided defectively if a defect appears or occurs within 2 (two) years of it being made available; where performance is to take place over a period longer than 2 (two) years, the Buyer has the rights from a defect that occurs or appears during that period.
9.4.7. If the Digital content has a defect, the Buyer may request its removal, unless this is impossible or disproportionately costly. The obligation to remove the defect is also fulfilled by providing proper instructions on how to rectify the defect, where the defect is one that can be removed in this way.
9.4.8. The Buyer may request a reasonable discount or withdraw from the Contract to the extent of the defective performance, that is, to the extent corresponding to the duration and the extent of the defect, if
9.4.8.1. the Seller has not remedied the defect in accordance with paragraph 9.4.7, or it is evident from the Seller's declaration or from the circumstances that the defect will not be remedied within a reasonable time or without significant difficulties for the Buyer,
9.4.8.2. the defect manifests itself even after its removal, or
9.4.8.3. the defect constitutes a material breach of the Contract.
9.4.9. A reasonable discount is determined as the difference between the value of the Digital content without a defect and the value of the defective Digital content provided to the Buyer. Where the Digital content is to be provided over a certain period, the period during which it was provided defectively is taken into account; the Buyer is entitled to the discount even if the Buyer withdraws from the Contract.
9.4.10. The Buyer may not withdraw from the Contract if the defect of the Digital content is merely insignificant. The defect is presumed not to be insignificant.
9.4.11. If the Buyer withdraws from the Contract, the Seller shall refrain from using content other than the Buyer's personal data that was created by the Buyer while using the Digital content; this does not apply where
9.4.11.1. the content is unusable without this Digital content,
9.4.11.2. the content relates exclusively to the Buyer's activity when using the Digital content,
9.4.11.3. the Seller has mixed the content with other data and it can be separated only with disproportionate effort, or
9.4.11.4. the content was created jointly with other persons who may continue to use it.
9.4.12. If the Buyer withdraws from the Contract, the Seller may prevent the Buyer from further using the Digital content, in particular by making the Digital content or the user account in the software inaccessible to the Buyer.
9.4.13. If the Buyer withdraws from the Contract, the Buyer shall refrain from using the Digital content, including from providing it to a third party.
9.4.14. Any sums that the Seller is obliged to pay out to the Buyer on account of defective performance shall be returned by the Seller at its own expense without undue delay, and no later than within 14 (fourteen) days of the day on which the Buyer exercised the relevant right from defective performance with the Seller. The Seller shall use the same means of payment that the Buyer used to pay the price, unless the Buyer expressly consents to another means and no costs are incurred by the Buyer as a result.
9.5. Updates of the Digital content
9.5.1. Where the subject of the Contract is Goods with digital properties, the Seller shall ensure that the agreed updates of the Digital content or of the Digital content service are provided to the Buyer.
9.5.2. In addition to the agreed updates, the Seller shall ensure that the Buyer is provided with updates that are necessary for the Goods with digital properties to retain, after their receipt, the properties under Article 7 of these Terms and Conditions, and that the Buyer is notified of the availability of such updates:
9.5.2.1. for a period of 2 (two) years, where, under the Contract, the Digital content or the Digital content service is to be provided continuously over a certain period, and where the provision is agreed for a period longer than 2 (two) years, for that entire period,
9.5.2.2. for the period that the Buyer may reasonably expect, where, under the Contract, the Digital content or the Digital content service is to be provided on a one-off basis; this shall be assessed according to the type and purpose of the goods, the nature of the Digital content or of the Digital content service, and taking into account the circumstances at the conclusion of the Contract and the nature of the obligation.
9.5.3. Paragraph 9.5.2 does not apply where the Seller specifically informed the Buyer, before the conclusion of the Contract, that updates would not be provided and the Buyer expressly agreed to this when concluding the Contract.
9.5.4. The Seller is entitled to designate a new version as a mandatory update. In such a case, the Buyer is not entitled to refuse such an update and is obliged to update the Digital content and to replace the original version with the new version without undue delay. If the Buyer has not carried out a mandatory update under this paragraph within a reasonable time, the Buyer has no rights from a defect that arose solely as a result of the update not being carried out, and the Digital content may then not be secure and/or functional; this does not apply where the Buyer was not informed of the update or of the consequences of not carrying it out, or where the Buyer did not carry out the update or carried it out incorrectly as a result of a deficiency in the instructions.
9.6. Changes to the Digital content:
9.6.1. The Seller is entitled to make changes to the Digital content at any time, even without prior notice. This occurs automatically and these Terms and Conditions also apply to the changed Digital content. Unless the Seller stipulates otherwise, the Buyer is not entitled to refuse the changes; the Buyer does, however, have the option of terminating the use of the Digital content where the change impairs the Buyer's access to the Digital content or its use to more than an insignificant extent, and may do so within 30 (thirty) days of the day on which the Buyer was notified of the change or of the moment at which the Digital content was changed, whichever occurs later. If the user terminates the Contract, paragraphs 9.4.11 to 9.4.14 apply accordingly.
10. PROCEDURE FOR CLAIMING AND HANDLING COMPLAINTS
The rights and obligations of the Seller and the Buyer arising from the Buyer's exercise of rights from defective performance are governed by the Seller's Complaints Procedure, which is available at Complaints Procedure
11. WITHDRAWAL FROM THE CONTRACT
11.1. Withdrawal from the Contract by the Buyer
11.1.1. The Buyer has the right to withdraw from the Contract within 14 (fourteen) days from the day of receipt of the goods or the service in accordance with the provisions of Section 1829(1) of the Civil Code, whereby, in the case where the subject of the Contract is several types of goods or the delivery of several parts, this period runs from the day of receipt of the last delivery of goods.
11.1.2. However, the Buyer does not have the right to withdraw from the Contract under the provisions of Section 1837 of the Civil Code where the subject of the Contract is:
11.1.2.1. the provision of services, where they have been provided in full, provided that the performance began with the prior express consent of the Buyer before the expiry of the period for withdrawal from the Contract and that the Seller informed the Buyer, before the conclusion of the Contract, that the right to withdraw from the Contract is extinguished by the provision of the performance
11.1.2.2. the delivery of goods manufactured according to the requirements of the Buyer or adapted to the Buyer's personal needs,
11.1.2.3. the delivery of goods in sealed packaging which, for reasons of health protection or for hygiene reasons, is not suitable for return after the Buyer has broken the packaging,
11.1.2.4. the delivery of Digital content that is not delivered on a tangible medium, after the performance has begun, provided that:
11.1.2.4.1.1. the performance began with the prior express consent of the Buyer before the expiry of the period for withdrawal from the Contract,
11.1.2.4.1.2. the Buyer was informed that the right to withdraw from the Contract is thereby extinguished, and
11.1.2.4.1.3. the Seller provided the Buyer with the confirmation under paragraphs 3.7.2 and 3.10.
11.1.3. If the Buyer withdraws from the Contract the subject of which is the delivery of Digital content, the Buyer bears no costs in connection with the withdrawal, where the Digital content was not delivered on a tangible medium and the Seller delivered it before the expiry of the period for withdrawal from the Contract, even though the Buyer did not expressly request this, or did not expressly acknowledge that the right to withdraw from the Contract would be extinguished.
11.1.4. If the Seller is in default with making the Digital content available contrary to paragraph 9.2, the Buyer may withdraw from the Contract, or from the part of it covering the Digital content, if the Seller fails to fulfil its obligation without undue delay after being called upon by the Buyer to perform, or within an additional period expressly agreed by the parties. The Buyer may withdraw from the Contract immediately, without an additional period, only where it is evident from the Seller's declaration or from the circumstances that the Seller will not provide the Digital content, or where it follows from the agreement of the parties or from the circumstances at the conclusion of the Contract that performance at the specified time is essential.
11.1.5. The notice of withdrawal from the Contract must be sent to the Seller within the period for withdrawal from the Contract. To withdraw from the Contract, the Buyer may use the sample form, which is available at Complaints Procedure
11.1.6. The signed notice of withdrawal from the Contract may be sent by the Buyer, among other ways, to the address of the Seller's registered office, or as a PDF attachment to the e-mail address: support@kloki.eu.
11.1.7. In the event of withdrawal from the Contract, the Contract is cancelled from the outset. The goods must be returned to the Seller within 14 (fourteen) days of the withdrawal from the Contract. Returns of goods sent cash on delivery will not be accepted by the Seller. If the Buyer withdraws from the Contract, the Buyer bears the costs associated with returning the goods to the Seller, including where the goods cannot, due to their nature, be returned by ordinary post.
11.1.8. If the Buyer validly withdraws from the Contract, the Seller shall return the sums received to the Buyer without undue delay, and no later than within 14 (fourteen) days of the withdrawal from the Contract. However, the Seller is not obliged to return the sums to the Buyer before the Buyer hands over the goods to the Seller or proves that the goods have been dispatched to the Seller.
11.1.9. The Seller is entitled to carry out an inspection of the returned goods, in particular in order to establish any damage to or wear of the returned goods. The Seller is entitled to set off unilaterally any claim for compensation for damage caused to the goods against the Buyer's claim for the return of the purchase price.
11.2. Withdrawal from the Contract by the Seller
11.2.1. The Buyer acknowledges that the Seller has the right to withdraw from the Contract within 30 (thirty) days of its conclusion where, as a result of a technical error of the E-shop, the offer of goods was displayed incorrectly and, consequently, the Contract was concluded on terms on which the Seller evidently did not intend to conclude it – typically in cases where, as a result, the E-shop displays a purchase price of the goods that is evidently disproportionately low in relation to the value of the goods, without it being stated that this is a clearance sale or a discount promotion, further, where the price of the goods has been incorrectly converted into another currency, or in the case of other errors in the offer of goods in the E-shop. In such a case, the Seller shall notify the Buyer of the situation that has arisen by e-mail. The Contract is cancelled from the outset at the moment such notification is delivered to the Buyer. The Seller shall return to the Buyer the entire price of the goods paid by the Buyer no later than within 30 (thirty) days of the withdrawal.
11.2.2. Other statutory options for terminating the Contract or for withdrawing from the Contract on the part of the Seller are not affected hereby.
12. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
12.1. The Buyer acquires ownership of the goods upon payment of the full purchase price of the goods. The risk of damage to the thing passes to the Buyer at the moment of taking over the goods, or, as the case may be, where the Buyer does not take over the goods although the Seller has enabled the Buyer to handle them.
12.2. The Seller shall not be liable for the use of the goods in a manner that does not correspond to the intended purpose of the goods or that is contrary to the instructions for the use of the goods provided by the Seller. Nor shall the Seller be liable for any damage to or defects in the goods arising as a result of using the goods in such an improper manner.
12.3. If the Seller is unable to perform the Contract properly and on time due to an event of force majeure (that is, an extraordinary, unforeseeable and insurmountable obstacle arising independently of the Seller's will), the Seller shall inform the Buyer thereof without undue delay. All time limits for the Seller's performance shall be extended by the period for which the force majeure obstacle lasts. The provisions of Section 2913 of the Civil Code are not affected hereby.
12.4. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820(1)(n) of the Civil Code.
12.5 The Buyer agrees to the use of means of distance communication when concluding the Contract. The costs incurred by the Buyer in using means of distance communication in connection with the conclusion of the Contract (in particular the costs of the internet connection and the costs of telephone calls) shall be borne by the Buyer, and these costs do not differ from the basic rate of the relevant providers of distance communication services.
12.6. The Contract may be concluded in the Czech language. Concluded Contracts are archived by the Seller in electronic form. The Buyer is provided with an e-mail confirmation of the conclusion of the Contract under these Terms and Conditions, or may access concluded Contracts through the User Account on the E-shop.
13. USE AND OPERATION OF THE E-SHOP
13.1. The E-shop, including its content and the software ensuring its operation, are intangible assets protected by law, primarily as works protected by copyright within the meaning of the Copyright Act, or as other intangible assets protected by law.
13.2. The Buyer is entitled to use the E-shop and the other protected assets contained in it only for the period, for the purposes, to the extent and in the ways necessary for the use of the E-shop in accordance with these Terms and Conditions (that is, for making purchases, browsing goods, Registration and use of the User Account in accordance with the Terms and Conditions). In particular, the Buyer is not entitled to use the E-shop or its content for commercial purposes (whether for their own benefit or for the benefit of a third party). The Buyer is not entitled to grant any sublicences to third parties or to assign the licence to a third party. The Buyer must not interfere with the E-shop or its content in any way, modify it, decompile it, combine it with another work or include it in a collective work.
13.3. The Seller makes reasonable efforts to ensure that the E-shop is available and functional. However, the Buyer acknowledges that the E-shop may not be available continuously, in particular with regard to the necessary maintenance of the hardware and software equipment of the Seller or of third parties. In the event of the unavailability or malfunction of the E-shop, the Buyer shall have no claims arising from defective performance or for compensation for damage.
14. PROTECTION OF PERSONAL DATA
14.1. Information on the processing of the personal data of the Buyer or of persons acting on behalf of the Buyer in connection with the conclusion and fulfilment of the Contract can be found in the document “Information on the processing of personal data”, which is available at Information on the processing of personal data
15. CONSUMER DISPUTE RESOLUTION
15.1 In the event that a consumer dispute arises between the Buyer and the Seller under the Contract which cannot be resolved by mutual agreement, the Buyer may submit a proposal for the out-of-court resolution of such a dispute to the designated entity for the out-of-court resolution of consumer disputes, which is: Česká obchodní inspekce (the Czech Trade Inspection Authority), Ústřední inspektorát – oddělení ADR (Central Inspectorate – ADR Department), address: Štěpánská 15 120 00 Praha 2, website: www.coi.cz.
15.2 The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr may also be used for the out-of-court resolution of disputes. The contact point under 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 online dispute resolution for consumer disputes) is Evropské spotřebitelské centrum Česká republika (the European Consumer Centre Czech Republic), with its registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz.
16. MUTUAL COMMUNICATION
16.1. All notifications between the Buyer and the Seller that relate to these Terms and Conditions, to the Contract or to the Registration, or that are to be made on the basis thereof, must be made in writing and delivered to the other party. The requirement of written form is also met if the notification is sent in electronic form as an attachment to an e-mail message in PDF format through the following contacts:
16.1.1. the Seller's contact details: e-mail: support@kloki.eu, telephone number: +420 222 960 196,
16.1.2. the Buyer's contact e-mail address provided in the Order or the User Account.
16.2. The Buyer and the Seller undertake that, in the event of a change of their contact details, they will inform the other party of such a change (i.e. they will update their details in the User Account) no later than within 3 (three) working days.
16.3. All invoices will be sent electronically to the Buyer's e-mail address provided in the Order or the User Account.
17. COMMON AND FINAL PROVISIONS
17.1. The Buyer agrees that the Seller has the right to assign the Contract or a part thereof to a third party.
17.2. The Seller is entitled to supplement or amend these Terms and Conditions at any time and at its own discretion. Such supplement and/or amendment will be published in the E-shop interface and information about such supplement and/or amendment will also be sent to the registered Buyer at the Buyer's contact e-mail address provided in the User Account. As of the effective date of the new version of the Terms and Conditions, the previous version of the Terms and Conditions ceases to be effective. If the Buyer does not agree with the changes, the Buyer has the right to terminate the Registration at any time. Changes to the Terms and Conditions do not affect Contracts concluded while the original Terms and Conditions were in effect.
17.3 If any provision of these Terms and Conditions is invalid or unenforceable, such fact shall not affect the validity or enforceability of the remaining provisions of the Terms and Conditions.
17.4 This version of the Terms and Conditions becomes effective on 1 August 2024
