Terms and Conditions

I. Basic Provisions

1. These general terms and conditions (hereinafter the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Czech Civil Code (hereinafter the “Civil Code”)

Name of the online shop: LOUDAVYMKROKEM.CZ

Operator: Lukáš Konečný
Registered office/Residence: Velké náměstí 27/19, Písek, 397 01
Company ID No. (IČ): 88563766
VAT ID No. (DIČ): CZ9206012981 (VAT payer)

Registered: Natural person conducting business under the Czech Trade Licensing Act – registered in the Trade Licensing Register – Municipal Office of Písek
Telephone: +420 724 573 836
Email: lukas@lkmedia.cz

Contact address: Lukáš Konečný, Velké náměstí 27/19, Písek, 397 01

www (hereinafter the “Seller”)

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person conducting business or a legal entity that concludes a purchase contract in the course of its business activity (hereinafter the “Buyer”) via the web interface located on the website available at the internet address www.loudavymkrokem.cz. (hereinafter the “Online Shop”).

3. The provisions of the Terms and Conditions form an integral part of the purchase contract. Any differing arrangements in the purchase contract shall take precedence over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the purchase contract are concluded in the Czech language.

II. Information on Goods and Prices

1. Information on goods and services, including the prices of the individual goods and services and their main characteristics, is provided for each item of goods in the catalogue of the Online Shop. The prices of the goods are stated inclusive of value added tax, all related fees and the costs of returning the goods where such goods, by their nature, cannot be returned by ordinary post. The prices of the goods remain valid for as long as they are displayed in the Online Shop. This provision does not preclude the conclusion of a purchase contract on individually agreed terms.

2. Any presentation of goods placed in the catalogue of the Online Shop is of an informative nature and the Seller is not obliged to conclude a purchase contract in respect of such goods. 

3. Information on the costs associated with the packaging and delivery of the goods is published in the Online Shop. The information on the costs associated with the packaging and delivery of the goods stated in the Online Shop applies only where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of the goods may not be combined with one another, unless the Seller and the Buyer agree otherwise.

III. Order and Conclusion of the Purchase Contract

1. The costs incurred by the Buyer in using means of distance communication 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.

2. The Buyer places an order for goods in the following ways:

• via the Buyer’s customer account, if the Buyer has previously registered in the Online Shop,
• by completing the order form without registration.

3. When placing an order, the Buyer selects the goods, the number of items of goods, and the method of payment and delivery.

4. Before submitting the order, the Buyer is enabled to check and change the data entered in the order. The Buyer submits the order to the Seller by clicking the SUBMIT ORDER button. The data stated in the order are deemed correct by the Seller. The validity of the order is conditional upon the completion of all mandatory data in the order form and the Buyer’s confirmation that the Buyer has become acquainted with these Terms and Conditions.

5. Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address which the Buyer entered when ordering. This confirmation is automatic and is not deemed to constitute the conclusion of the contract. The Seller’s current Terms and Conditions are attached to the confirmation. The purchase contract is concluded only upon acceptance of the order by the Seller. The notice of acceptance of the order is delivered to the Buyer’s email address. / Immediately upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address which the Buyer entered when ordering. This confirmation is deemed to constitute the conclusion of the contract. The Seller’s current Terms and Conditions are attached to the confirmation. The purchase contract is concluded by the Seller’s confirmation of the order sent to the Buyer’s email address.

6. In the event that the Seller is unable to meet any of the requirements stated in the order, the Seller shall send an amended offer to the Buyer’s email address. The amended offer is deemed to be a new proposal for a purchase contract, and in such a case the purchase contract is concluded by the Buyer’s confirmation of acceptance of that offer sent to the Seller at the Seller’s email address stated in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer may cancel an order until the notice of acceptance of the order by the Seller has been delivered to the Buyer. The Buyer may cancel an order by telephone at the Seller’s telephone number or by email at the Seller’s email address stated in these Terms and Conditions.

8. In the event of an obvious technical error on the part of the Seller in stating the price of the goods in the Online Shop or in the course of ordering, the Seller is not obliged to deliver the goods to the Buyer at such a clearly erroneous price, even if the Buyer has been sent an automatic confirmation of receipt of the order under these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send an amended offer to the Buyer’s email address. The amended offer is deemed to be a new proposal for a purchase contract, and in such a case the purchase contract is concluded by the Buyer’s confirmation of acceptance sent to the Seller’s email address.

IV. Customer Account

1. On the basis of the Buyer’s registration made in the Online Shop, the Buyer may access the Buyer’s customer account. The Buyer may order goods from the customer account. The Buyer may also order goods without registration.

2. When registering for a customer account and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data stated in the user account whenever they change. The data stated by the Buyer in the customer account and when ordering goods are deemed correct by the Seller.

3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality in respect of the information necessary to access the Buyer’s customer account. The Seller bears no liability for any misuse of the customer account by third parties.

4. The Buyer is not entitled to allow third parties to use the customer account.

5. The Seller may cancel the user account, in particular where the Buyer has not used the user account for an extended period or where the Buyer breaches the Buyer’s obligations under the purchase contract and these Terms and Conditions.

6. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the Seller’s hardware and software equipment or, as the case may be, the necessary maintenance of the hardware and software equipment of third parties.

V. Payment Terms and Delivery of Goods

1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

• by cashless transfer to the Seller’s bank account No. 1017437043/3030, held with Airbank.

2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall hereinafter also be understood to include the costs associated with the delivery of the goods.

3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 3 days of the conclusion of the purchase contract.

4. In the case of payment via a payment gateway, the Buyer shall proceed in accordance with the instructions of the relevant electronic payment provider.

5. In the case of 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 bank account.

6. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before dispatch of the goods is not an advance payment.

7. Under the Czech Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received sale with the tax administrator online or, in the event of a technical outage, within 48 hours at the latest

8. The goods are delivered to the Buyer in one of the following ways:

• to the address specified by the Buyer in the order
• to the email address specified by the Buyer in the order,
• via a parcel collection point, to the address of the collection point specified by the Buyer,
• by personal collection at the Seller’s business premises

9. The method of delivery is chosen during the ordering of the goods.

10. The costs of delivery of the goods, depending on the method of dispatch and receipt of the goods, are stated in the Buyer’s order and in the Seller’s order confirmation. Where the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with that method of transport.

11. If, under 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. Where, for reasons on the part of the Buyer, the goods have to be delivered 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, as the case may be, the costs associated with the other method of delivery.

12. When taking over the goods from the carrier, the Buyer is obliged to check that the packaging of the goods is intact and, in the event of any defects, to notify the carrier thereof without delay. If the packaging is found to be damaged in a manner indicating unauthorised entry into the consignment, the Buyer need not take over the consignment from the carrier.

13. The Seller shall issue a tax document – an invoice – to the Buyer. The tax document is sent to the Buyer’s email address./The tax document is enclosed with the goods delivered.

14. The Buyer acquires ownership of the goods upon payment of the full purchase price for the goods, including the delivery costs, but not before taking over the goods. Liability for accidental destruction of, damage to or loss of the goods passes to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods but, in breach of the purchase contract, failed to do so.

VI. Withdrawal from the Contract

1. A Buyer who has concluded the purchase contract outside the Buyer’s business activity as a consumer has the right to withdraw from the purchase contract. This does not apply to business entities.

2. The period for withdrawal from the contract is 14 days

• from the date of taking over the goods,
• from the date of taking over the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
• from the date of taking over the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.

3. The Buyer may not, among other things, withdraw from a purchase contract: 

• for the provision of services, if they have been performed 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 the conclusion of the contract that in such a case the Buyer has no right to withdraw from the contract,
• for the supply of goods or services the price of which depends on fluctuations in the financial market independent of the Seller’s will and which may occur during the period for withdrawal from the contract,
• for the supply of alcoholic beverages which can only be delivered after the expiry of thirty days and the price of which depends on fluctuations in the financial market independent of the Seller’s will,
• for the supply of goods which have been modified according to the Buyer’s wishes or for the Buyer personally,
• for the supply of goods which are subject to rapid deterioration, as well as goods which have been irretrievably mixed with other goods after delivery,
• for the supply of goods in sealed packaging which the Buyer has removed from the packaging and which cannot be returned for hygiene reasons,
• for the supply of an audio or video recording or a computer program, if the Buyer has broken its original packaging,
• for the supply of newspapers, periodicals or magazines,
• for the supply of digital content, if it was not supplied on a tangible medium and was supplied 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 the conclusion of the contract that in such a case the Buyer has no right to withdraw from the contract,
• in other cases specified in Section 1837 of the Civil Code.

4. In order to comply with the period for withdrawal from the contract, the Buyer must send the notice of withdrawal within the period for withdrawal from the contract.

5. To withdraw from the purchase contract, the Buyer may use the model withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the purchase contract to the Seller’s email or delivery address stated in these Terms and Conditions. The Seller shall confirm receipt of the form to the Buyer without delay.

6. A Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of the withdrawal from the contract. The Buyer bears the costs associated with returning the goods to the Seller, even where the goods, by their nature, cannot be returned by ordinary post.

7. If the Buyer withdraws from the contract, the Seller shall return to the Buyer without delay, but no later than within 14 days of the withdrawal from the contract, all funds, including the delivery costs, received from the Buyer, in the same manner. The Seller shall return the funds received to the Buyer in another manner only if the Buyer agrees thereto and if no additional costs are thereby incurred by the Buyer.

8. If the Buyer has chosen a method of delivery of the goods other than the cheapest method offered by the Seller, the Seller shall refund to the Buyer the costs of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

9. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer hands over the goods to the Seller or proves that the goods have been dispatched to the Seller.

10. The Buyer must return the goods to the Seller undamaged, unworn and unsoiled and, if possible, in the original packaging. The Seller is entitled to unilaterally set off a claim for compensation for damage caused to the goods against the Buyer’s claim for a refund of the purchase price.

11. The Seller is entitled to withdraw from the purchase contract by reason of stock being sold out, unavailability of the goods, or where the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall inform the Buyer without delay via the email address stated in the order and shall return, within 14 days of the notice of withdrawal from the purchase contract, all funds, including the delivery costs, received from the Buyer under the contract, in the same manner or in the manner specified by the Buyer.

12. The right to withdraw from the contract does not apply to digital content which was not supplied on a physical medium, i.e. to e-books and audiobooks in mp3 format for download.

VII. Rights Arising from Defective Performance

1. The Seller is liable to the Buyer for the goods being free from defects upon takeover. In particular, the Seller is liable to the Buyer that, at the time the Buyer took over the goods:

• the goods have the characteristics agreed between the parties and, in the absence of an agreement, such characteristics as the Seller or the manufacturer described or as the Buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them,
• the goods are fit for the purpose which the Seller states for their use or for which goods of this kind are usually used,
• the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
• the goods are in the corresponding quantity, measure or weight, and
• the goods comply with the requirements of legal regulations.

2. If a defect becomes apparent within six months of the Buyer taking over the goods, the goods shall be deemed to have been defective already upon takeover. The Buyer is entitled to exercise the right arising from a defect which occurs in consumer goods within twenty-four months of takeover. This provision shall not apply, in the case of goods sold at a lower price, to the defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, in the case of used goods, to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the Buyer, or where this follows from the nature of the goods.

3. In the event of a defect, the Buyer may submit a complaint to the Seller and demand:

• replacement with new goods,
• repair of the goods,
• a reasonable discount on the purchase price,
• to withdraw from the contract.

4. The Buyer has the right to withdraw from the contract,

• if the goods have a material defect,
• if the Buyer cannot use the item properly owing to the recurrence of a defect or defects after repair,
• in the case of a larger number of defects in the goods.

5. The Seller is obliged to accept a complaint at any business premises where the acceptance of complaints is possible, or also at the Seller’s 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 the content of the complaint is and what method of handling the complaint the Buyer requires, as well as a confirmation of the date and method of handling the complaint, including a confirmation of the repair carried out and its duration, or a written statement of reasons for the rejection of the complaint.

6. The Seller or an employee authorised by the Seller shall decide on the complaint immediately, and in complex cases within three working days. This period does not include the time, appropriate to the type of product or service, required for an expert assessment of the defect. The complaint, including the removal of the defect, must be handled without delay, no later than within 30 days of the date on which the complaint was made, unless the Seller and the Buyer agree on a longer period. The expiry of this period to no effect is deemed to be a material breach of the contract and the Buyer has the right to withdraw from the purchase contract. The moment at which the complaint is made is deemed to be the moment at which the Buyer’s expression of will (the exercise of the right arising from defective performance) reaches the Seller.

7. The Seller shall inform the Buyer in writing of the outcome of the complaint.

8. The Buyer is not entitled to the right arising from defective performance if, before taking over the item, the Buyer knew that the item had a defect, or if the Buyer caused the defect.

9. In the case of a justified complaint, the Buyer has the right to reimbursement of the costs reasonably incurred in connection with making the complaint. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.

10. The choice of the method of handling the complaint rests with the Buyer.

11. The rights and obligations of the contracting parties in respect of rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.

12. Further rights and obligations of the parties relating to the Seller’s liability for defects are set out in the Seller’s complaints procedure.

VIII. Delivery of Communications

1. The contracting parties may deliver all written correspondence to each other by electronic mail.

2. The Buyer delivers correspondence to the Seller at the email address stated in these Terms and Conditions. The Seller delivers correspondence to the Buyer at the email address stated in the Buyer’s customer account or in the order.

XI. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Praha 2, Company ID No. (IČ): 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from the purchase contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz, is 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 consumer ODR).

3. The Seller is authorised to sell goods on the basis of a trade licence. Trade licensing inspections are carried out by the competent trade licensing office within the scope of its competence. The Czech Trade Inspection Authority supervises, within a defined scope, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection.

X. Final Provisions

1. All arrangements between the Seller and the Buyer are governed by the legal order 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 is without prejudice to the consumer’s rights arising from generally binding legal regulations.

2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

3. All rights to the Seller’s website, in particular copyright in the content, including the page layout, photographs, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the Seller’s consent.

4. The Seller bears no liability for errors arising as a result of third-party interference with the Online Shop or as a result of its use contrary to its intended purpose. When using the Online Shop, the Buyer must not use procedures that could have a negative effect on its operation and must not carry out any activity that could enable the Buyer or third parties to interfere with or make unauthorised use of the software or other components forming the Online Shop, or use the Online Shop or its parts or software in a manner that would be contrary to its intended use or purpose.

5. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

6. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

7. The Seller may amend or supplement the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations which arose during the period of effect of the previous wording of the Terms and Conditions.

8. A model form for withdrawal from the contract is annexed to the Terms and Conditions.

These Terms and Conditions take effect on 2 August 2022