Terms and Conditions

OTTO LASH.cz (OTTO LASH sro)

with its registered office at Modřická 85/4, 619 00 Brno,
identification number: 08163651
for the sale of goods through the online store located at the internet address www.ottolash.cz

INTRODUCTORY PROVISIONS

These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the company OTTO LASH sro, with its registered office at Modřická 85/4, Brno, identification number: 08163651, entered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 112206 (hereinafter referred to as the "Seller") regulate, in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on a website located at the Internet address http://www.ottolash.cz/eshop (hereinafter referred to as the "Website"), through the website interface (hereinafter referred to as the "Website Interface of the Store").
The Terms and Conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts as part of their business activity or as part of their independent profession.
Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
The Seller may amend or supplement the text of the Terms and Conditions. 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

Based on the Buyer's registration on the website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as the "user account"). If the store's web interface allows it, the Buyer can also order goods without registration directly from the store's web interface.
When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods is considered correct by the seller.
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.
The Buyer is not entitled to allow third parties to use the user account.
The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 12 months, or if the Buyer breaches his/her obligations under the purchase contract (including the terms and conditions).
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 the necessary maintenance of the hardware and software equipment of third parties.

Conclusion of the purchase contract

All 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 Section 1732, paragraph 2 of the Civil Code do not apply.
The web interface of the store contains information about the goods, including the prices of individual goods. The prices of the goods are listed including value added tax and all related fees. The prices of the goods remain valid for the period they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the web interface of the store applies only to cases where the goods are delivered within the territory of the Czech Republic.
To order goods, the buyer fills out an order form in the store's web interface. The order form contains, in particular, information about:
1. ordered goods (the buyer "inserts" the ordered goods into the electronic shopping cart of the store's web interface),
2. method of payment for the purchase price of the goods, information on the requested method of delivery of the ordered goods
3. information about the costs associated with the delivery of 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 entered by the buyer in the order, also with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "Send order" button. The data specified in the order are considered correct by the seller. Immediately after receiving the order, the seller will confirm receipt of the order 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, in writing or by telephone).
The contractual relationship between the seller and the buyer arises upon delivery of the order acceptance (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.
The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the Buyer himself, and these costs do not differ from the basic rate.

Price of goods and payment terms

The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller in the following ways:
by bank transfer to the seller's account no. 115-9767730237/0100, held at Komerční banka (hereinafter referred to as the "seller's account")
cash on delivery at the location specified by the buyer in the order
Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.
The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
In the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of concluding the purchase contract.
In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. The variable symbol is the order number. 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 account.
The seller is entitled, especially in the event that the buyer does not confirm the order additionally (Article 3), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer regarding payments made on the basis of the purchase contract. The seller will issue a tax document - invoice to the buyer after payment of the price of the goods and send it in electronic form to the buyer's electronic address. At the buyer's request.

Withdrawal from the purchase contract

The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a purchase contract for the supply of goods that have been modified according to the wishes of the Buyer or for his person, a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, a purchase contract for the supply of goods in a closed package that the consumer has removed from the package and cannot be returned for hygiene reasons, and a purchase contract for the supply of an audio or video recording or a computer program if their original packaging has been broken.
Unless it is a case specified in Article 5 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. The buyer can send withdrawal from the purchase contract, among others, to the address of the seller's business or to the seller's e-mail address info@ottolash.cz.
In the event of withdrawal from the purchase contract according to Article 5 of the Terms and Conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller.
In the event of withdrawal from the contract pursuant to Article 5 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the purchase contract, in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or in another manner, if the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that he has sent the goods to the Entrepreneur.
The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.
If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods.
To withdraw from the purchase contract, the buyer can use the form https://ottolash.cz/eshop/gb/module/dm_support/dm_support_list provided by the seller. The link to this form is included in the order confirmation email and also in the footer of the e-shop and is available to registered and unregistered customers.

Transportation and delivery of goods

If the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
If the seller is obliged under the purchase contract to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier. If the packaging is found to be damaged indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

Additional rights and obligations of the parties during the transport of goods may be regulated by the seller's special delivery conditions, if issued by the seller.

Rights from Defective Performance

The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
The seller is responsible to the buyer that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer received the goods:
1. the goods have the properties agreed upon by the parties, and in the absence of such agreement, they have the properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of their advertising,
2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
3. the goods correspond in quality or design to the agreed sample or design, if the quality or design was determined according to the agreed sample or design,
4. the goods are in the appropriate quantity, measure or weight and
5. the goods comply with the requirements of legal regulations.
The provisions set out in Article 7 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.
If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective upon receipt.
The buyer exercises rights arising from defective performance with the seller at the address of his business premises, where the complaint can be accepted with regard to the range of goods sold, or possibly also at the registered office or place of business.
Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
Please send complaints to e-mail: info@ottolash.cz
To submit a complaint, the buyer can use the form https://ottolash.cz/eshop/gb/module/dm_support/dm_support_list provided by the seller. The link to this form is included in the order confirmation email and also in the footer of the e-shop and is available for registered and unregistered customers.

Other rights and obligations of the contracting parties

The buyer acquires ownership of the goods by paying the full purchase price of the goods.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826, paragraph 1, letter e) of the Civil Code.
The seller provides out-of-court settlement of consumer complaints via the email address info@ottolash.cz. The seller will send information about the settlement of the buyer's complaint to the buyer's email address.
The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
The buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

Privacy Policy

The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as "personal data").
The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the purchase contract and for the purposes of maintaining a user account. Unless the Buyer chooses another option, he agrees to the processing of personal data by the Seller also for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of personal data in full pursuant to this article is not a condition that would in itself prevent the conclusion of a purchase contract.
The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when ordering from the store's web interface) correctly and truthfully and that he is obliged to inform the Seller of any changes to his personal data without undue delay.
The seller may entrust the processing of the buyer's personal data to a third party as a processor. Apart from persons transporting the goods, the seller will not transfer personal data to third parties without the buyer's prior consent.
Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
The Buyer confirms that the personal data provided is accurate and that he has been informed that the provision of personal data is voluntary.
If the buyer believes that the seller or processor (Article 9) is processing his personal data in a manner that is contrary to the protection of the buyer's private and personal life or in violation of the law, especially if the personal data are inaccurate with regard to the purpose of their processing, he may:
1. ask the seller or processor for an explanation,
2. require the seller or processor to eliminate the situation that has arisen in this way.
If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to demand reasonable compensation for the provision of information pursuant to the previous sentence, not exceeding the costs necessary to provide the information.

Sending commercial communications and storing cookies

The Buyer agrees to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address.
The buyer agrees to the storage of cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract can be fulfilled without the storage of cookies on the buyer's computer, the buyer may revoke the consent in accordance with the previous sentence at any time.

Delivery

The Buyer may be delivered to the email address specified in his/her user account or specified by the Buyer in the order.

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. This does not affect the consumer's rights arising from generally binding legal regulations.
If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the purchase contract or terms and conditions shall be in writing.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
Seller's contact details: delivery address OTTO LASH sro, Modřická 85/4, Brno, 619 00, e-mail address info@ottolash.cz.

In Brno on October 1, 2019