Business terms and conditions
Translation only - in the event of a conflict, the terms and conditions in the Czech language take precedence
Business terms and conditions
Obchodní společnost Indin , s.r.o., with registered office at Zámostní 1155/27, 710 00 Ostrava, Czech Republic, identification number: 06071091, file number C 95654 kept at the Regional Court in Ostrava for the sale of goods via an online store located at the internet address https://www.lockey.cz
INTRODUCTORY PROVISIONS
These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company Indin, s.r.o., with registered office at Zámostní 1155/27, 710 00 Ostrava, Czech Republic, identification number: 06071091, file number C 95654 kept at the Regional Court in Ostrava (hereinafter referred to as the "seller") adjust in accordance with the provisions of § 1751 para. 1 of Act no. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code") mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person - entrepreneur or legal entity (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller on a website located at the internet address https://lockey.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface"). The seller is a registered VAT payer in the Czech Republic.
The terms and conditions apply to cases where the person who intends to purchase goods from the seller is a legal entity or a natural person who, when ordering goods, acts as part of his business activity or as part of his independent profession. Sale to a non-business natural person - consumer is not possible.
Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
User account
Registration to the e-shop is possible only on the e-shop website and only to a natural person - an entrepreneur or a legal entity. Any registration of a non-entrepreneurial natural person - consumer will be invalidated.
Based on the buyer's registration on the website, the buyer can access his user interface (hereinafter referred to as the "user account"). From its user interface, the buyer can order goods.
When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller. All costs associated with providing false, incomplete or outdated data may be claimed from and at the buyer's expense.
Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account. Any misuse of this data is the buyer's responsibility.
The buyer is not authorized to allow the use of the user account by third parties.
The seller can cancel the user account without the right to any financial or non-financial compensation, especially if the buyer violates his obligations arising from the terms and conditions or the purchase contract concluded between the seller and the buyer. Furthermore, the seller can immediately cancel access in the event of an attempt to violate the integrity of the data, an attempt to gain unauthorized access to the information system or to a store system that is not normally accessible to the buyer, an attempt to make an unauthorized change to the customer category, or an attempt to obtain unauthorized data that is not normally accessible to the buyer.
The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties. The seller reserves the right to temporarily suspend the provision of access to the user account or to the e-shop.
Conclusion of the purchase contract
All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732 par. 2 of the Civil Code does not apply.
The store's web interface contains information about goods, including the prices of individual goods. The prices of goods are listed including value added tax. If the seller is a VAT payer, the listed prices may be quoted without VAT. Furthermore, the prices are listed incl. all related charges with the exception of delivery costs. Product prices remain valid only for as long as they are displayed in the store's web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store only applies in cases where the goods are delivered within the territory of the Czech Republic, unless otherwise stated.
To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:
- ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface),
- method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
- information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The data given in the order are considered correct by the seller. After receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address").
The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, but not exclusively in writing or by phone).
The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail, to the buyer's e-mail address or within the user account (if created by the buyer), marked "Order acceptance".
The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, and these costs do not differ from the basic rate.
Product price and Payment terms
The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the following ways, only if the specific payment method is displayed in the web interface of the store. If the method is not displayed, it cannot be used for payment. Possible payment methods:
- payment by payment card, e.g. Visa or MasterCard,
- payment by bank transfer to the seller's account,
- cash on delivery payment,
- payment on invoice/advance invoice.
Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with packaging and delivery of the goods.
In the case of cash on delivery, the purchase price is payable upon receipt of the goods.
The seller issues a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract.
Withdrawal from the purchase contract
The buyer acknowledges that, according to the provisions of § 2001 of the Civil Code, this purchase contract for the supply of goods can only be withdrawn for reasons according to the provisions of § 2002, i.e. breach of contractual provisions by the other contractual party in a material way that the breaching party already knew or had to know at the time of concluding the contract that the other contractual party would not have concluded the contract if it had foreseen this breach.
By withdrawing from the contract, the obligation is canceled from the beginning. Payments received must be returned no later than 30 calendar days after withdrawal from the contract. Payment of any amounts by the seller will be made without cash to a bank account, the number of which the buyer is obliged to inform the seller.
Transport and delivery of goods
In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In case of non-acceptance of the goods from the transport company by the buyer, the buyer is obliged to pay all costs associated with this non-acceptance and return of the goods to the seller as required by the buyer. The exception is the case of packaging damage mentioned in point 6.4 of these terms and conditions.
If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, such damage to the transport packaging that gives rise to a reasonable suspicion of damage to the goods in the packaging or visible damage to the goods, the buyer does not have to accept the shipment from the carrier. The buyer is obliged to state this fact on the transport note or similar document of the transporter as a reason for non-acceptance.
Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's or carrier's special delivery conditions.
Rights from Defective Performance
The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 of the Civil Code).
The warranty period for the goods sold by this store is indicated for the goods on the web interface. If not stated, its duration is 12 months and does not apply to normal wear and tear.
The seller is responsible to the buyer that the goods are free of defects upon receipt, with the exception of defects that the buyer was informed about before purchasing the goods.
Rights from defective performance are exercised by the buyer at the seller's registered office or place of business. The moment when the claim is made is considered to be the moment when the seller received a claim from the buyer describing the claimed defect in the goods and the right from defective performance that the buyer asserts in connection with it. The deadline for assessing the claim of a defect by the seller starts to run at the earliest after the buyer hands over the claimed goods to the seller.
Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
Other rights and obligations of the contracting parties
The buyer acquires ownership of the goods only after paying the full purchase price of the goods.
The seller is authorized to sell the goods on the basis of public law authorizations, on the basis of which the company's business was registered in the commercial register.
The seller undertakes to deliver the ordered goods to the buyer within the deadlines specified for the respective goods.
Protection of personal data and storage of cookies
The processing of personal data of the buyer, who is a natural person, or of the buyer's contact persons, is governed by Regulation of the European Parliament and the Council no. 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR").
The buyer provides his personal data for processing in the scope of first and last name, company name, ID number, tax ID number/VAT ID, address or address of registered office or delivery address, e-mail address, telephone number, for the purpose of realizing the rights and obligations from the purchase contract, including the possible maintenance of a user account (if the buyer has chosen this option). The provision of personal data is not mandatory, but without it you cannot conclude a contract and complete an order, or establish and maintain a user account for the buyer. The seller will provide more information about the processing of personal data.
When creating a user account, the buyer gives separate consent to the processing of personal data in the above-mentioned scope exclusively for the purpose of creating and maintaining a user account, the purpose of which is to increase the user comfort of the buyer (purchase without re-filling data, tracking purchase history) and enabling purchases at discounted wholesale prices. This consent can be revoked by a request to cancel the user account sent to the address info@lockey.cz, on the basis of which the user account will be canceled and the data will be irretrievably deleted, except for the data whose retention is required by law.
The seller can send the buyer messages with news and business offers related to previously closed deals, but the buyer can unsubscribe from receiving such messages at any time, via a link placed in the message, or by e-mail with an expression of refusal sent to the address info@lockey.cz. Your information obligation towards the buyer in the sense of Art. 13 of the GDPR regulation related to the processing of the buyer's personal data for the purpose of sending business communications is fulfilled by the seller through a special document.
The buyer acknowledges that he is obliged to provide his personal data correctly and truthfully and that he is obliged to inform the seller of changes in his personal data without undue delay.
The seller can entrust the processing of the buyer's personal data to a third party as a processor.
The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data. The buyer declares that he has been informed that he can revoke any given consent to the processing of personal data in relation to the seller by written notice delivered to the address of the seller's registered office or by e-mail to the address info@lockey.cz.
The buyer's rights are further described in a separate information on the processing of personal data.
The seller on the website of the e-shop https://lockey.cz processes cookies necessary for the functioning of the website and for analytical purposes. In the case of visitor consent granted through a separate bar containing relevant legal information also for marketing. Consent to the collection of cookie data for marketing purposes can be withdrawn at any time by changing the settings of the relevant internet browser.
Final provisions
If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law and any disputes will be decided by the courts of the Czech Republic.
If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.
Contact details of the seller:
address for delivery Zámostní 1155/27, 710 00 Ostrava, Czech Republic,
e-mail address info@lockey.cz,
phone +420 702 982 217.
These terms and conditions are valid and effective from August 1, 2024.