Global Tracking s.r.o., Company ID No.: 03807487, with its registered office at Pitterova 2855/7, Žižkov, 130 00 Prague 3, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 428433 (hereinafter the “Seller”)
1. INTRODUCTORY PROVISIONS
1.1. These Seller's Terms and Conditions (hereinafter the “Terms and Conditions”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the terms and conditions for operating and using the KLOKI online store operated by the Seller via https://www.kloki.cz (hereinafter the “E-shop”) and the terms and conditions of purchase contracts and contracts for the provision of services (hereinafter the “Contract”) concluded between the Seller and customers purchasing through the E-shop (hereinafter the “Buyer”).
1.2. The provisions of these Terms and Conditions form an integral part of the Contract from the moment it is concluded. Deviations from these Terms and Conditions may be agreed in writing in the Contract; such agreements take precedence over these Terms and Conditions.
1.3. These Terms and Conditions apply where the Buyer is a natural person acting, when concluding the Contract, outside the scope of their business or independent professional activity (a consumer).
1.4. These Terms and Conditions and all legal relationships arising from them, including the Contract, are governed by the laws of the Czech Republic.
1.5. Unless these Terms and Conditions provide otherwise, the rights and obligations of the Seller and the Buyer are governed by the applicable generally binding legislation
2. REGISTRATION AND USER ACCOUNT
2.1. The Buyer may use the E-shop and conclude Contracts without registering. If the E-shop allows it at the time, the Buyer may voluntarily register with the E-shop and create a user account (hereinafter the “User Account”) to make using the E-shop and concluding Contracts easier. Some E-shop features may be available only to registered users through a User Account.
2.2. To register, the Buyer must complete an electronic form in the E-shop and submit it to the Seller through the E-shop interface. The Buyer must correctly and fully enter all information marked as mandatory in the registration form.
2.3. A natural person may register independently if, on the date registration is completed, they are at least 18 years old and have full legal capacity.
2.4. By submitting the registration form, the Buyer confirms that they have read these Terms and Conditions and agree to them. The Buyer also confirms that they acknowledge the Privacy Policy, which is available for review, among other places, through the E-shop interface.
2.5. After submitting the registration form to the Seller, the Buyer must verify their email address in accordance with the Seller's instructions. Registration is complete once the Buyer's email address has been verified (i.e., when the registration agreement is concluded and a User Account is created; hereinafter “Registration”).
2.6. A User Account is created automatically upon Registration.
2.7. A User Account always belongs to one Buyer. The Buyer may have only one User Account at any time.
2.8. The Buyer is responsible for the accuracy and truthfulness of all information provided in the User Account. If any of this information changes, the Buyer must update it without undue delay. The Seller is not liable for any damage arising from the Buyer's breach of the obligation set out in this paragraph.
2.9. The Buyer must correctly enter their login details to access the User Account. The Buyer must adequately protect their login details and prevent any third party from accessing their login details or User Account. If the Buyer suspects that their login details have been disclosed or misused, they must change them without undue delay and inform the Seller of their suspicion.
2.10. The Buyer may not allow any third party to use their User Account. The Buyer is responsible for all activity carried out through their User Account, whether by the Buyer, a person authorised by the Buyer, or another third party.
2.11. The Seller is not liable for any harm arising from unauthorised access to the User Account by a third party as a result of the Buyer's failure to comply with their obligations under these Terms and Conditions.
2.12. The Buyer may cancel their User Account at any time and thereby terminate their 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 their Registration, in particular if the Buyer has not used their User Account for more than 1 (one) year or if the Buyer breaches their obligations under these Terms and Conditions. The Seller will notify the Buyer of the cancellation of their User Account by email.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. Products and services displayed in the E-shop are for information purposes only, and the Seller is not obliged to conclude a Contract for any product or service displayed. Section 1732(2) of the Civil Code does not apply.
3.2. Prices for products and services displayed in the E-shop interface include value-added tax and all other taxes, related fees and similar monetary charges, unless stated otherwise.
3.3. A Contract for a specific product or service is concluded on the basis of an order placed by the Buyer through the order form in the E-shop interface (hereinafter the “Order”). The Buyer must enter all information marked as mandatory in the order form; the Order cannot be completed without it. The order form includes, in particular:
3.3.1. information about the product or service ordered and its quantity (the Buyer selects a product or service by adding it to the cart in the E-shop interface),
3.3.2. information about the requested method of delivery of the product or provision of the service, including information about the costs associated with delivery of the product or, where applicable, provision of the service,
3.3.3. the Buyer's identification details, delivery address and billing address,
3.3.4. the selected payment method, including any fees associated with that method.
3.4. Before submitting the Order to the Seller, the Buyer may review and change the information entered in the Order, including identifying and correcting errors made when entering data. Once the Order has been submitted, the Buyer can no longer change the information entered in it or correct errors in the Order. All information in the Order must be correct, complete and up to date. The Seller is not liable for any damage arising in connection with the Buyer providing incorrect, incomplete or outdated information.
3.5. The Buyer submits the Order to the Seller by clicking the “Pay for order” button. By submitting the Order, the Buyer confirms that they have read and agree to these Terms and Conditions and the Seller's Complaints Procedure, and acknowledges the Seller's Privacy Policy.
3.6. The Seller will confirm receipt of the Order to the Buyer by email at the address provided in the Order, without undue delay after receiving it.
3.7. The Contract is concluded when:
3.7.1. the Buyer duly pays the full price for the product or service specified in the Order, and
3.7.2. the Seller sends the Buyer confirmation that the Order has been accepted and payment for the product or service in the Order has been received, to the Buyer's email address provided in the Order.
3.8. If the Buyer does not duly pay the price specified in the Order within 3 (three) days of the date the Seller receives the Order, the Order will be cancelled.
3.9. The Seller is always entitled, depending on the nature of the Order (quantity of products or services, purchase price, estimated shipping costs), to ask the Buyer to confirm the Order additionally (for example, in writing or by telephone).
3.10. If the Contract concerns the provision of Digital Content not supplied on a tangible medium, the confirmation referred to in Section 3.7.2 also states that the Buyer expressly agrees to performance beginning before the withdrawal period expires and acknowledges that, by giving this consent, they lose the right to withdraw from the Contract under Section 11.1.2.4.
4. PRICE OF PRODUCTS OR SERVICES AND PAYMENT TERMS
4.1. Prices for products or services are displayed alongside the relevant product or service in the E-shop interface and remain valid for as long as they are displayed in the E-shop. The price applicable is the price for the product or service at the time the Order is submitted to the Seller.
4.2. The price of a Digital Content service, particularly software use, may take the form of a subscription or recurring flat-rate payments. Digital Content may vary depending on the paid access version. The Seller and the Buyer may agree that the service price is paid in advance at regular intervals for a specified period during which access to the Digital Content is available, and that payment is automatically renewed at the end of the relevant period unless the Buyer cancels access to the Digital Content before that period ends.
4.3. The Buyer shall pay the Seller the price of the product or service and any costs associated with delivery of the product or provision of the service under the Contract using one of the payment methods offered in the E-shop interface (in the order form). Unless the E-shop interface states otherwise, payments may be made using the following method:
4.3.1. cashless payment by credit or debit card using an available payment method.
4.4. In addition to the purchase price, the Buyer must also pay the Seller the agreed costs of packaging and delivery of the product or provision of the service. Unless stated otherwise in the E-shop interface (order form), the purchase price already includes these costs.
4.5. For cashless payments, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account. The Seller will confirm by email, without undue delay, that the purchase price has been paid.
4.6. Unless stated otherwise in the E-shop, payments for products or services are made in Czech crowns. Any currency conversion fees are borne by the Buyer.
5. SHIPPING AND DELIVERY OF PRODUCTS
5.1. The Seller processes Orders without undue delay after the Contract is concluded. Delivery times vary depending on the type of product ordered, and the estimated delivery time is always stated alongside each product in the E-shop. Delivery times are stated in business days. The Seller will not ship products to the Buyer before receiving payment of the price specified in the Order.
5.2. If the Seller is unable, for any reason, to meet the estimated delivery time stated in the E-shop, the Seller will contact the Buyer and inform them of the actual expected shipping date for the ordered product.
5.3. The Buyer selects the method of shipping and delivery in the Order from the options offered by the Seller in the E-shop at that time.
5.4. If the shipping method is agreed at the Buyer's special request, the Buyer bears the risk and any additional costs associated with that shipping method.
5.5. If the Seller is required under the Contract to deliver the product to a location specified by the Buyer in the Order, the Buyer must accept the product upon delivery. If the product must be delivered repeatedly or by a method other than that specified in the Order for reasons attributable to the Buyer, the Buyer must pay the costs associated with repeated delivery or with the alternative delivery method.
5.6. The Seller hands over the product to the Buyer when the carrier delivers it to the Buyer. If the Buyer collects the product in person from the Seller, the Seller fulfils its obligation to hand over the product when it allows the Buyer to take possession of it.
5.7. The parties' further rights and obligations regarding the shipping of products may be governed by the Seller's separate delivery terms, if issued by the Seller.
5.8. If the Seller is late in handing over the product, the Buyer may withdraw from the Contract if the Seller fails to fulfil its obligation within an additional reasonable period granted by the Buyer. The Buyer may withdraw from the Contract without granting an additional period only if the Seller has refused to perform, if performance at a specified time is essential in view of the circumstances at the time the Contract was concluded, or if the Buyer informed the Seller before concluding the Contract that delivery by a specific time was essential. Without undue delay after the Buyer withdraws from the Contract, the Seller will refund all monetary payments made by the Buyer under the Contract.
6. ACCEPTANCE OF PRODUCTS DELIVERED BY A CARRIER
6.1. Without undue delay after the product is delivered by the relevant carrier or delivery service provider, the Buyer must check the condition of the consignment (number of packages, intactness of the tape, condition of the packaging) against the Contract and the carrier's document.
6.2. The Buyer may refuse to accept a product that is visibly damaged, or if the shipping packaging is visibly significantly damaged, giving reasonable grounds to believe that the consignment has been tampered with or that the product inside is damaged (this also applies where the consignment shows signs of exposure to weather or water). If the Buyer nevertheless accepts a damaged consignment from the carrier, the Buyer must describe the damage in the carrier's handover report and notify the Seller without undue delay at the contact email address provided below. The Seller recommends taking photographs of the package and/or damaged packaging as well.
7. QUALITY OF PRODUCTS UPON ACCEPTANCE
7.1. The Seller is liable to the Buyer for ensuring that the product is free from defects when accepted by the Buyer. In particular, the Seller is liable to the Buyer for ensuring that the product:
7.1.1. corresponds to the agreed description, type and quantity, as well as the agreed quality, functionality, compatibility, interoperability and other agreed characteristics,
7.1.2. is suitable for the purpose requested by the Buyer and agreed to by the Seller, and
7.1.3. is supplied with the agreed accessories and instructions for use, including installation instructions.
7.2. In addition to the agreed characteristics, the Seller is liable to the Buyer for ensuring that:
7.2.1. the product is suitable for the purposes for which products of this kind are normally used, including with regard to the rights of third parties, legal regulations, technical standards or, where there are no technical standards, industry codes of conduct,
7.2.2. the product, in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, corresponds to the usual characteristics of products of the same kind that the Buyer may reasonably expect, including with regard to public statements made by the Seller or another person in the same contractual chain, particularly in advertising or on labels,
7.2.3. the product is supplied with accessories, including packaging, instructions and other directions for use, that the Buyer may reasonably expect.
7.3. The Seller is not bound by a public statement referred to in Section 7.2.2 if the Seller proves that they were unaware of it, that it had been modified by the time the Contract was concluded in a manner at least comparable to how it was made, or that it could not have influenced the decision to purchase.
7.4. Section 7.2 does not apply if, before the Contract was concluded, the Seller specifically informed the Buyer that a particular characteristic of the product differed and the Buyer expressly agreed to this when concluding the Contract.
7.5. If a defect becomes apparent within one year of acceptance, the product is presumed to have been defective upon acceptance, unless this is incompatible with the nature of the product or the defect. This period does not run while the Buyer is unable to use the product, provided that the Buyer has rightfully reported the defect.
8. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE IN THE CASE OF PRODUCTS
8.1. A product is defective if it does not have the characteristics specified in Article 7 of these Terms and Conditions.
8.2. The Buyer may report a defect that appears in a product within 2 (two) years of acceptance.
8.3. The Buyer is not entitled to rights arising from defective performance:
8.3.1. if the Buyer caused the defect themselves,
8.3.2. in the case of wear and tear caused by the product's normal use.
8.4. If a product is defective, the Buyer may request that the defect be remedied. The Buyer may choose to request:
8.4.1. delivery of a new, defect-free product, or
8.4.2. repair of the product,
unless the chosen method of remedying the defect is impossible or disproportionately costly compared with the other method; this will be assessed in particular with regard to the significance of the defect, the value the product would have without the defect, and whether the other method can remedy the defect without significant inconvenience to the Buyer.
8.5. The Seller may refuse to remedy the defect if doing so is impossible or disproportionately costly, particularly in view of the significance of the defect and the value the product would have without it.
8.6. The Seller will take back the product at the Seller's own expense to remedy the defect.
8.7. The Buyer may request a reasonable discount or withdraw from the Contract if:
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8.7.1. the Seller has refused to remedy the defect or has not remedied it in accordance with Sections 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 material breach of the Contract, or
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8.7.4. it is clear from the Seller's statement or the circumstances that the defect will not be remedied within 30 days of the complaint being made or without significant inconvenience to the Buyer.
8.8. A reasonable discount is determined as the difference between the value of the product without the defect and the value of the defective product received by the Buyer.
8.9. The Buyer may not withdraw from the Contract if the defect is insignificant; a defect is presumed not to be insignificant.
8.10. If the Buyer withdraws from the Contract, the Seller will refund the purchase price without undue delay after receiving the product or after the Buyer proves that they have sent it.
9. GOODS WITH DIGITAL ELEMENTS AND DIGITAL CONTENT SERVICES
9.1. This Article 9 governs different terms and conditions where the subject of the Contract is a product (i.e., a tangible movable item) that is connected to Digital Content or a Digital Content service in such a way that it could not perform its functions without them (in these Terms and Conditions, “Goods with Digital Elements”), or where the subject of the Contract is the provision of data in digital form for the Buyer's personal use (in these Terms and Conditions, “Digital Content”) or the provision of a Digital Content service, meaning enabling the Buyer to create, process or store data in digital form, or access it; share data in digital form uploaded or created by the Buyer or another user of the service; or otherwise interact with such data. The other provisions of these Terms and Conditions apply correspondingly to Goods with Digital Elements and Digital Content services, unless this Article 9 contains special provisions or their nature precludes such application. Depending on 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 a product (typically, software use).
9.2. Unless the Seller specifies otherwise, Digital Content consisting of software will be made available without undue delay after the Contract is concluded. Software Digital Content is made available by downloading it through a designated marketplace (Google Play, App Store, etc.). The Seller will make available to the Buyer, and continue to make available throughout performance of the Contract, a version of the Digital Content compatible with the current versions of the Google Chrome and Microsoft Edge web browsers; the Seller guarantees compatibility with other web browser versions that are no more than 5 years old. The Seller may require the Buyer to register before using Digital Content, particularly software; the software will not be made available to the Buyer until registration is complete. The Buyer bears the costs of obtaining access to the software (particularly internet connection fees).
9.3. To the maximum extent permitted by Czech law, the Seller is not liable for any harm suffered by the Buyer in connection with the use of a Digital Content service.
9.4. Rights arising from defective performance in the case of Goods with Digital Elements and Digital Content services
9.4.1. The Seller undertakes to make reasonable efforts to ensure that the Digital Content is always available, functional and secure. However, the Buyer acknowledges that, despite the Seller's efforts, the Digital Content service may not always be fully available, for example because some features may be unavailable, particularly due to necessary maintenance of the Seller's or third parties' hardware and software, or may not be fully secure.
9.4.2. The Seller is liable to the Buyer for ensuring that the Digital Content is free from defects throughout the term of the Contract. In particular, the Seller is liable to the Buyer for ensuring that the Digital Content:
9.4.2.1. corresponds to the agreed description and scope, as well as the agreed quality, functionality, compatibility, interoperability and other agreed characteristics,
9.4.2.2. is suitable for the purpose requested by the Buyer and agreed to by the Seller, 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. In addition to the agreed characteristics, the Seller is liable to the Buyer for ensuring that:
9.4.3.1. the Digital Content is suitable for the purposes for which Digital Content of this kind is normally used, including with regard to the rights of third parties, legal regulations, technical standards or, where there are no technical standards, industry codes of conduct,
9.4.3.2. the Digital Content, in terms of scope, quality and other performance parameters, including functionality, compatibility, accessibility, continuity and security, corresponds to the usual characteristics of Digital Content of the same kind that the Buyer may reasonably expect, including with regard to public statements made by the Seller or another person in the same contractual chain, particularly in advertising or on labels,
9.4.3.3. the Digital Content is provided with accessories and instructions for use that the Buyer may reasonably expect, and
9.4.3.4. the Digital Content corresponds to the trial version or preview made available by the Seller before the Contract was concluded.
9.4.4. The Seller is not bound by a public statement referred to in Section 9.4.3.2 if the Seller proves that they were unaware of it, that it had been modified by the time the Contract was concluded in a manner at least comparable to how it was made, or that it could not have influenced the decision to conclude the Contract.
9.4.5. Section 9.4.3 does not apply if, before the Contract was concluded, the Seller specifically informed the Buyer that a particular characteristic of the Digital Content differed and the Buyer expressly agreed to this when concluding the Contract.
9.4.6. The Buyer may report a defect that becomes apparent or occurs in the Digital Content during the term of the Contract. In the case of a one-off supply, the Buyer may report a defect that becomes apparent in the Digital Content within 2 (two) years of it being made available. If the Contract provides for the Digital Content or Digital Content service to be supplied continuously for a specified period, the Digital Content or Digital Content service is presumed to have been defective if a defect becomes apparent or occurs within 2 (two) years of it being made available; if performance is to continue for more than 2 (two) years, the Buyer is entitled to claim for a defect that occurs or becomes apparent during that period.
9.4.7. If the Digital Content is defective, the Buyer may request that the defect be remedied, unless this is impossible or disproportionately costly. The obligation to remedy the defect is also fulfilled by providing proper instructions on how to correct it, where the defect can be remedied 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, taking into account the duration and extent of the defect, if
9.4.8.1. the Seller has not remedied the defect in accordance with Section 9.4.7, or it is clear from the Seller's statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer,
9.4.8.2. the defect appears again after being remedied, 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 the defect and the value of the defective Digital Content provided to the Buyer. If the Digital Content is to be provided for a specified period, the period during which it was defective will be taken into account; the Buyer is entitled to a discount even if they withdraw from the Contract.
9.4.10. The Buyer may not withdraw from the Contract if the defect in the Digital Content is insignificant. A defect is presumed not to be insignificant.
9.4.11. If the Buyer withdraws from the Contract, the Seller will refrain from using any content other than the Buyer's personal data that the Buyer created while using the Digital Content; this does not apply if
9.4.11.1. the content is unusable without the Digital Content,
9.4.11.2. the content relates exclusively to the Buyer's activity while using the Digital Content,
9.4.11.3. the Seller has combined 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, particularly by disabling access to the Digital Content or the user's software account.
9.4.13. If the Buyer withdraws from the Contract, they must refrain from using the Digital Content, including making it available to a third party.
9.4.14. Any monetary amounts that the Seller must refund to the Buyer due to defective performance will be refunded by the Seller at the Seller's own expense without undue delay, and no later than 14 (fourteen) days from the date on which the Buyer exercised the relevant right arising from defective performance with the Seller. The Seller will use the same method of payment the Buyer used to pay the price, unless the Buyer expressly agrees otherwise and incurs no costs as a result.
9.5. Digital Content updates
9.5.1. If the Contract concerns Goods with Digital Elements, the Seller will ensure that the agreed updates to the Digital Content or Digital Content service are provided to the Buyer.
9.5.2. In addition to the agreed updates, the Seller will ensure that the Buyer receives the updates necessary for the Goods with Digital Elements to retain, after acceptance, the characteristics specified in Article 7 of these Terms and Conditions, and will notify the Buyer of their availability:
9.5.2.1. for 2 (two) years if, under the Contract, the Digital Content or Digital Content service is to be provided continuously for a specified period, or, if provision for more than 2 (two) years is agreed, for that entire period,
9.5.2.2. for as long as the Buyer may reasonably expect if, under the Contract, the Digital Content or Digital Content service is to be provided once; this will be assessed according to the type and purpose of the product, the nature of the Digital Content or Digital Content service, the circumstances at the time the Contract was concluded, and the nature of the obligation.
9.5.3. Section 9.5.2 does not apply if, before the Contract was concluded, the Seller specifically informed the Buyer 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 that case, the Buyer may not refuse the update and must update the Digital Content and replace the previous version with the new version without undue delay. If the Buyer fails to install a mandatory update under this paragraph within a reasonable time, the Buyer has no rights arising from a defect caused solely by the failure to install the update, and the Digital Content may not be secure and/or functional; this does not apply if the Buyer was not notified of the update or the consequences of failing to install it, or if the Buyer failed to install it or installed it incorrectly due to an error in the instructions.
9.6. Changes to Digital Content:
9.6.1. The Seller is entitled to make changes to the Digital Content at any time, even without prior notice. These changes take place automatically, and these Terms and Conditions also apply to the modified Digital Content. Unless the Seller specifies otherwise, the Buyer may not refuse the changes; however, if a change has more than an insignificant adverse effect on the Buyer's access to or use of the Digital Content, the Buyer may terminate its use within 30 (thirty) days of being notified of the change or of the Digital Content being changed, whichever occurs later. If the user terminates the Contract, Sections 9.4.11 to 9.4.14 apply correspondingly.
10. PROCEDURE FOR SUBMITTING AND HANDLING COMPLAINTS
The rights and obligations of the Seller and the Buyer arising when the Buyer exercises rights due to defective performance are governed by the Seller's Complaints Procedure, 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 of accepting the product or service in accordance with Section 1829(1) of the Civil Code. If the Contract concerns several types of products or the delivery of several parts, this period runs from the date the last delivery of products is accepted.
11.1.2. However, the Buyer does not have the right to withdraw from the Contract under Section 1837 of the Civil Code if the Contract concerns:
11.1.2.1. the provision of services, if they have been fully provided, provided that performance began with the Buyer's prior express consent before the withdrawal period expired and that, before the Contract was concluded, the Seller informed the Buyer that provision of the service would result in the loss of the right to withdraw from the Contract
11.1.2.2. the supply of products made to the Buyer's specifications or tailored to their personal needs,
11.1.2.3. the supply of products in sealed packaging which, for health protection or hygiene reasons, are unsuitable for return once the Buyer has unsealed them,
11.1.2.4. the supply of Digital Content not delivered on a tangible medium, once performance has begun, provided that:
11.1.2.4.1.1. performance began with the Buyer's prior express consent before the withdrawal period expired,
11.1.2.4.1.2. the Buyer was informed that this would result in the loss of the right to withdraw from the Contract, and
11.1.2.4.1.3. the Seller provided the Buyer with confirmation under Sections 3.7.2 and 3.10.
11.1.3. If the Buyer withdraws from a Contract for the supply of Digital Content, the Buyer shall incur no costs in connection with the withdrawal if the Digital Content was not supplied on a tangible medium and the Seller supplied it before the withdrawal period expired, even though the Buyer had not expressly requested this or expressly acknowledged that their right to withdraw from the Contract would be lost.
11.1.4. If the Seller is in breach of its obligation to make Digital Content available in accordance with Section 9.2, the Buyer may withdraw from the Contract, or from the part of the Contract relating to the Digital Content, if the Seller fails to fulfil its obligation without undue delay after the Buyer has requested performance or within an additional period expressly agreed by the parties. The Buyer may withdraw from the Contract immediately, without granting an additional period, only if it is clear from the Seller's statement or the circumstances that the Seller will not provide the Digital Content, or if it follows from the parties' agreement or the circumstances at the time the Contract was concluded that performance at the specified time is essential.
11.1.5. Notice of withdrawal from the Contract must be sent to the Seller within the withdrawal period. The Buyer may use the model withdrawal form available under Complaints Policy
11.1.6. The Buyer may send the signed notice of withdrawal from the Contract, among other means, to the Seller's registered office address or as a PDF attachment to: support@kloki.cz.
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 withdrawal from the Contract. The Seller will not accept Goods returned cash on delivery. If the Buyer withdraws from the Contract, the Buyer shall bear the costs of returning the Goods to the Seller, including where the Goods cannot be returned by ordinary post due to their nature.
11.1.8. If the Buyer validly withdraws from the Contract, the Seller shall refund the money received from the Buyer without undue delay, and no later than 14 (fourteen) days after withdrawal from the Contract. However, the Seller is not required to refund the money before the Buyer returns the Goods or proves that they have sent the Goods to the Seller.
11.1.9. The Seller is entitled to inspect returned Goods, in particular to check for possible damage or wear. The Seller is entitled to set off any claim for compensation for damage to the Goods against the Buyer's claim for a refund 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 if a technical error in the E-shop caused the Goods to be displayed incorrectly and, as a result, the Contract was concluded on terms that the Seller clearly did not intend to accept. This may typically occur where the purchase price displayed on the E-shop is clearly disproportionately low in relation to the value of the Goods, without any indication that the Goods are on clearance or part of a sale; where the price of the Goods has been incorrectly converted into another currency; or where there are other errors in the Goods offered on the E-shop. In such a case, the Seller shall notify the Buyer of the situation by email. The Contract is cancelled from the outset when the Buyer receives such notice. The Seller shall refund the full price paid by the Buyer for the Goods no later than 30 (thirty) days after withdrawal.
11.2.2. This does not affect any other statutory grounds on which the Seller may terminate or withdraw from the Contract.
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. The risk of damage to the Goods passes to the Buyer when the Buyer takes delivery of them or, if the Buyer fails to take delivery, when the Seller has enabled the Buyer to dispose of them.
12.2. The Seller is not liable for the use of the Goods in a manner inconsistent with their intended purpose or contrary to the instructions for use provided by the Seller. The Seller is also not liable for any damage to or defects in the Goods resulting from such improper use.
12.3. If the Seller is unable to perform the Contract properly and on time due to force majeure (an extraordinary, unforeseeable and insurmountable obstacle arising independently of the Seller's will), the Seller shall notify the Buyer without undue delay. All deadlines for the Seller's performance shall be extended by the period during which the force majeure event continues. This does not affect the provisions of Section 2913 of the Civil Code.
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 distance communication methods when concluding the Contract. Any costs incurred by the Buyer in using distance communication methods in connection with the conclusion of the Contract (in particular, internet connection and telephone call costs) shall be borne by the Buyer and shall not differ from the basic rates charged by the relevant distance communication service providers.
12.6. The Contract may be concluded in Czech. The Seller archives concluded Contracts electronically. The Buyer will receive an email confirmation of the conclusion of the Contract in accordance with these Terms and Conditions and may also access concluded Contracts through their 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 that enables it to operate, constitutes intangible property protected by law, primarily as copyrighted works within the meaning of the Copyright Act, or as other intangible property protected by law.
13.2. The Buyer may use the E-shop and other protected property contained therein only for the period, purposes, scope and in the manner necessary to use the E-shop in accordance with these Terms and Conditions (i.e. to make purchases, browse Goods, register and use a User Account in accordance with the Terms and Conditions). 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 assign the licence to a third party. The Buyer must not interfere with or modify the E-shop or its content in any way, decompile it, combine it with another work or incorporate it into 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, particularly due to necessary maintenance of the Seller's or third parties' hardware and software. The Buyer shall have no claims for defective performance or compensation for loss arising from the E-shop being unavailable or not functioning.
14. PERSONAL DATA PROTECTION
14.1. Information about the processing of the Buyer's personal data, or of persons acting on the Buyer's behalf, in connection with the conclusion and performance of the Contract can be found in the document "Information on the Processing of Personal Data", available under Information on the Processing of Personal Data
15. CONSUMER DISPUTE RESOLUTION
15.1 If a consumer dispute arises between the Buyer and the Seller under the Contract and cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court resolution of the dispute to the designated consumer dispute resolution body: the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, address: Štěpánská 15, 120 00 Prague 2, website: www.coi.cz.
15.2 The online dispute resolution platform at http://ec.europa.eu/consumers/odr may also be used for out-of-court dispute resolution. 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 the European Consumer Centre Czech Republic, registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz.
16. COMMUNICATION BETWEEN THE PARTIES
16.1. All notices between the Buyer and the Seller relating to these Terms and Conditions, the Contract or Registration, or which are to be given under them, must be made in writing and delivered to the other party. The requirement for written form is also satisfied if the notice is sent electronically as a PDF attachment to an email using the following contact details:
16.1.1. Seller's contact details: email: support@kloki.cz telephone: +420 222 960 196,
16.1.2. The Buyer's contact email address provided in the Order or User Account.
16.2. The Buyer and the Seller undertake to notify the other party of any changes to their contact details (i.e. update their details in the User Account) within 3 (three) business days at the latest.
16.3. All invoices will be sent electronically to the Buyer's email address provided in the Order or User Account.
17. GENERAL AND FINAL PROVISIONS
17.1. The Buyer agrees that the Seller is entitled to assign the Contract or any part thereof to a third party.
17.2. The Seller is entitled to amend or supplement these Terms and Conditions at any time. Any such amendment or supplement will be published on the E-shop, and registered Buyers will also be notified by email at the contact address provided in their User Account. The previous version of the Terms and Conditions shall cease to be effective on the effective date of the new version. If the Buyer does not agree to the changes, they may terminate their Registration at any time. Changes to the Terms and Conditions do not affect Contracts concluded while the previous version of the Terms and Conditions was in effect.
17.3 If any provision of these Terms and Conditions is invalid or unenforceable, this shall not affect the validity or enforceability of the other provisions of the Terms and Conditions.
17.4 This version of the Terms and Conditions takes effect on 1.8.2024
