Terms of service

company Global Tracking s.r.o., ID: 03807487, with registered office at Pitterova 2855/7, Žižkov, 130 00 Prague 3, registered v commercial register maintainfrom by the Municipal Court in Prague, section C, insert 428433 (only then “Sellers“)

1. INTRODUCTORY PROVISIONS

1.1. These business terms of the Seller (hereionfter only "Terms and Conditions“) I am amending in accordance with the provision of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, in its effective wording (hereionfter only “Civil Code“) terms and conditions of operation and use of the KLOKI online store operated by the Seller through https://www.kloki.cz (hereinafter only “E-shop“) and the terms and conditions of purchase contracts and service provision contracts (hereinafter only “Contract“) closed between the Seller and the customer purchasing in the E-shop (hereinafter only “Buyer“).

1.2.  The provisions of the Terms and Conditions are an integral part of the Contract from the moment of its conclusion. Deviations from the Terms and Conditions can be agreed upon in writing in the Contract; such agreements tato precedence over the Terms and Conditions.

1.3.  The terms and conditions apply in cases where the Buyer is a natural person acting when concluding a contract outside the scope of their business activity or the scope of independent performance of their profession. (consumer).

1.4.  These Terms and Conditions and all legal relations arising from them, including the Contract, are governed by the legal order of the Czech Republic.

1.5.  If not in tUnless otherwise specified in these Terms and Conditions, the rights and obligations of the Seller and the Buyer are governed by the relevant generally binding regulations.

2. REGISTRATION AND USER ACCOUNT

2.1.  Buyer can E-shop allows you to use and close Contracts without the need for registration. If the e-shop in the given moment allows for the facilitation of using E-The shop and the closing of contracts with the Buyer can voluntarily enter into E-register the shop and create your own user account (hereinafter only "User account“). Some features E-The shop may only be available to registered users through the User Account.

2.2.  For registration purposes, the Buyer will fill out an electronic form. in the e-shop and sends it to the Seller via the E interface-storeThe Buyer must correctly and completely provide all the information marked as mandataory in the registration form.

2.3.  A natural person can independently complete the registration if they have reached the age of 18 on the day of completing the registration and are fully legally competent.

2.4.  By submetting the registration form, the Buyer confirms that they are familiar with these Terms and Conditions and that they agree to their wording. The Buyer also confirms that they acknowledge the Information on the processing of personal data available for review, among other things. v interface E-shop.

2.5. After sending the registration form to the Seller, the Buyer is obliged to verify their email address according to the Seller's instructions. Upon verification of the Buyer's email address, the registration is completed (i.e., the contract for registration and the creation of the User Account is concluded, hereinafter only "Registration").

2.6.  Based on the Registration, a User account is automatically created.

2.7.  A user account always belongs to one Buyer. A Buyer can only have 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.. In case of any changes, the Buyer is obliged to update the data without unnecessary delay. The Seller is not responsible for any damage incurred. created in due to the breach of the Purchaser's obligations according to this paragraph.

2.9.  To access the User Account, it is necessary to correctly enter the login details of the Buyer.. The buyer is obliged to properly protect their login details and prevent any third party from accessing the access data. or to User account. In case of suspicion of disclosure of access data or their misuse, the Buyer must change their access data without unnecessary delay. a inform the seller about this suspicion.

2.10.  The buyer is not authorized to allow any third party to use their User account. The buyer is responsible for the activity taking place v Within his User Account, regaraccording toss of whether it is made by the Buyer, another person authorized by the Buyer, or another third party.

2.11.  The seller is not responsible for any damage caused by unauthorized access. k The user account of a third party is a result of the Purchaser's failure to comply with the obligations arising from these Terms and Conditions.

2.12.  The buyer is entitled to cancel their User account at any time and thereby terminate the Registration through the interface. E-shop. This does not affect any contracts that have already been concluded.

2.13.  The Seller may cancel the User account of the Buyer and thereby terminate the Registration, especially in cases where the Buyer has not used their User account for more than 1 (one) year not utilized, or in the event that the Buyer breaches their obligations arising from these Terms and Conditions. The Seller will inform the Buyer about the cancellation of the User Account.-email.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1.  Presentation of goods and services on E-The shop is of an informative nature and the Seller is not obliged to conclude a Contract regarding the presented goods. or services. The provision of § 1732 paragraph 2 of the Civil Code shall not apply.

3.2.  The prices of goods and services displayed in the E interface-store are listed including value added tax and all other taxes, related fees and other similar monetary obligations, unless stated otherwise.

3.3.  The contract regarding specific goods or services is concluded based on the order made by the Buyer through the order form. vinterface E-shop (only then “Order“). The buyer must fill in all the information marked as mandatory in the order form; without these, the order cannot be completed. The order form includes mainly:

   3.3.1. information about ordered goods or services and their quantity (Purchasing goods or The service is selected by adding it to the cart in the E interface.-store),

   3.3.2. information about the requested method of delivery of goods or provision of services, including information about the costs associated with the delivery of goods or services,

   3.3.3.  identification details of the Buyer, delivery and billing address,

   3.3.4.  selected payment method including any fees associated with the given method payments.

3.4. PBefore sending the Order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the Order, including the possibility for the Buyer to identify and correct errors that occurred while entering data into the Order. After sending the Order, the Buyer can no longer change the data that was entered into the Order, nor correct errors in the Order. All data provided v The order must be correct, complete, and current. The seller is not responsible for any damage caused in in connection with by providing incorrect, incomplete, or outdated information by the Buyer.

3.5.  The Buyer sends the Order to the Seller by clicking the "Pay for Order" button. By sending the Order, the Buyer confirms that they are familiar with these Terms and Conditions and RThe Seller's advertising terms and that they agree with them, and further that they acknowledge the Information o processing of personal data by the Seller.

3.6.  The seller will confirm the order receipt to the buyer via e-I will send it to the Buyer’s address stated in the Order, without unnecessary delay after its receipt.

3.7. Contract is concluded at the moment when:

   3.7.1.  The buyer will properly pay the full price for the goods or services according to the made Order, and

   3.7.2.  The seller will deliver a confirmation of receipt of the order (acceptancei) a receipt of payment for goods or services v Order, namely on e-email of the Buyer provided v Order.

3.8.  If the Buyer does not pay the price according to the Order properly or by 3 (three) days from the date of delivery of the Order to the Seller, the Order will be canceled.

3.9.  The seller is always entitled depending on the nature of the Order (quantity of goods or services, the purchase price, estimated shipping costs) request the Buyer for additional confirmation of the Order (for example in writing or by phone).

3.10. Is-If the subisct of the Agreement is the provision of Digital Content that is not delivered on a tangible medium, it includes confirmation according to paragraph. 3.7.2 the Buyer expressly agrees to the commencement of performance before the expiration of the withdrawal period from the Contract and acknowledges that by granting consent, his right to withdraw from the Contract according to paragraph is extinguished. 11.1.2.4.

4. PRICE OF GOODS OR SERVICES AND PAYMENT TERMS

4.1.  Prices of goods or serviceseb are always displayed with the given goods or services v interface E-shop and remain valid for the duration they are displayed on E-shop. The decisive factor is the price of the goods or The service is valid at the moment of sending the Order to the Seller.

4.2. The price of the Digital Content service, especially the use of software, may be in the form of a subscription or recurring flat-rate payments. Digital content may vary according to the versions of paid access. The Seller and the Buyer may agree that the price of the service is paid in advance regularly for a specified period during which access to the Digital Content lasts, and further, the payment may be automatically renewed at the end of the relevant period unless the Buyer cancels access to the Digital Content before the end of the relevant period.

4.3. The price of goods or services and any costs associated with the delivery of goods or the provision of services under the Contract will be paid by the Buyer to the Seller in one of the ways listed as offered payment options in the E interface.-shop (in the order form). If the interface E-store otherwise not specified, payments can be made using the following methods:

   4.3.1. cashless payment card through available payment methods.

4.4.  Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of goods or the provision of services in the agreed amount. It is not-if in interface E-shopu (order form) stated otherwise, The purchase price already includes these costs.

4.5.  In the case of cashless payment, the obligation of the Buyer pay The purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account. The Seller shall inform the Buyer without unnecessary delay. e-Please confirm by email that the purchase price has been paid.

4.6.  Not availableUnless stated otherwise in the e-shop, payments for Goods or services are provided in Czech crowns. Any conversion fees are the responsibility of the Buyer.

5. TRANSPORT AND DELIVERY OF GOODS

5.1.  Orders are processed by the Seller without unnecessary delay after the Contract is concluded. Delivery times vary depending on the type of ordered goods, and the estimated delivery times are always indicated for each individual item on E-shop. Delivery times are stated in working days. The seller does not dispatch goods to the buyer before receiving payment of the price according to the order.

5.2.  In the event that the Seller is unable to meet the expected delivery time for various reasons listed on E-The shop will comply, will contact the Buyer and inform them about the actual shipping date of the ordered goods.

5.3.  The method of transport and delivery of goods is chosen by the Buyer in the Order according to the options offered by the Seller at that moment in time. E-shop.

5.4.  In the event that the method of transport is arranged based on a special request from the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

5.5. Is-If the Seller is obliged to deliver the goods to the place designated by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery. In the event that, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the Order, the Buyer is obliged to cover the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.

5.6.  The seller will hand over the goods to the buyer only when the carrier delivers the goods to the buyer. V In the event that the Buyer picks up the goods in person from the Seller, the Seller shall fulfill their obligation to hand over the goods to the Buyer at the moment when the Seller allows the Buyer to dispose of the goods.

5.7.  Other rights and obligations of the parties in the transport of goods may be regulated in the special delivery conditions of the Seller, which are-issued by the Seller.

5.8. Is-If the Seller is delayed in delivering the goods, the Buyer may withdraw from the Contract if not fulfilled.-if The seller's obligation is not fulfilled even within the additional reasonable period granted by the buyer. The buyer may withdraw from the contract without an additional period only in the event that PThe seller refuses to fulfill or is the fulfillment at the specified time essential considering the circumstances at the conclusion of the Contract or the Buyer communicated PThe seller will return all monetary payments made by the buyer under the contract without undue delay after the withdrawal from the contract.

6. ACCEPTANCE OF GOODS UPON DELIVERY BY CARRIER

6.1.  The buyer is obliged to check the condition of the shipment (number of packages, integrity of the tape, undamaged packaging) according to the Contract and the document from the carrier without unnecessary delay after the delivery of the goods by the respective carrier or delivery service provider.

6.2.  The buyer is entitled to refuse to accept goods that are visibly damaged, or if the transport packaging is significantly damaged in a way that raises a reasonable suspicion that the shipment has been unlawfully tampered with, or that the goods inside are damaged (this also applies to for pcases where it is visible on the shipment that it has been exposed to the effects of weather or water). If the Buyer still accepts such a damaged shipment from the carrier, they are obliged to describe the damage in the handover protocol of the carrier and notify the Seller without undue delay at the contact e-email The seller recommends obtaining photographic documentation of the package and/or the damaged packaging at the same time.

7. QUALITY OF GOODS UPON RECEIPT

7.1.  The seller is responsible to the buyer for the fact that the goods have no defects upon their receipt by the buyer. The seller is particularly responsible to the buyer that the goods:

   7.1.1.  it corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties,

   7.1.2.  is suitable for the purpose for which the Buyer requests it and with which the Seller agrees, and

   7.1.3.  It is delivered with the agreed accessories and instructions for use, including the installation manual.

7.2.  The seller responds to the buyer that in addition to the agreed properties:

   7.2.1.  is the goods suitable for the purpose for which goods of this kind are usually used, taking into account the rights of third parties, legal regulations, technical standards, or codes of conduct of the given industry, is not-of technical standards,

   7.2.2.  the quantity, quality, and other properties of the goods, including durability, functionality, compatibility, and safety, correspond to the usual properties of goods of the same type that the Buyer can reasonably expect, taking into account public statements made by the Seller or janother person in also contractual chains, especially advertising or labeling,

   7.2.3.  The goods are delivered with accessories, including packaging, instructions, and other usage guidelines that the Buyer can reasonably expect..

7.3. The seller is not bound by the public statement according to paragraph 7.2.2, if it can prove that it was not aware of it or that it was amended at least in a comparable manner to how it was made at the time of the conclusion of the Contract, or that it could not have influenced the decision to purchase.

7.4. Paragraph 7.2 shall not be used in the event that the Seller specifically informed the Buyer before the conclusion of the Contract that a certain characteristic of the goods differs and the Buyer expressly agrees to this when concluding the Contract. agreed.

7.5.  Displays-if the defect occurs within one year from the takeover, it is assumed that the goods weredefectiveIt is already at the time of acceptance, unless the nature of the goods or defects excludes it. This period does not run for the time during which the Buyers cannot use the goods, in case they have legitimately pointed out a defect.

8. RIGHTS FROM DEFECTIVE PERFORMANCE IN CASE OF GOODS

8.1.  If the goods do not have the properties according to Art. 7 These Terms and Conditions have a defect.

8.2.  The buyer can point out a defect that occurs in the goods during the time 2 (two) from receipt.

8.3.  The right from defective performance does not belong to the buyer:

   8.3.1. if you caused the defect yourself,

   8.3.2. in case of wear and tear of the goods caused by its usual use.

8.4.  Has-If the goods have a defect, the Buyer may request its removal. Depending on their choice, they may request:

   8.4.1.  delivery of new goods without defects or

   8.4.2.  repair of goods,

if the chosen method of defect removal is impossible or disproportionately costly compared to the other; this will be assessed especially with regard to the significance of the defect, the value that the goods would have without the defect, and whether the defect can be removed in another way without significant difficulties for the Buyer.

8.5.  The seller may refuse to remove the defect, it is-It is impossible or disproportionately costly, especially considering the significance of the defect and the value that the goods would have without the defect.

8.6.  The Seller will cover the costs of removing the defect at their own expense.

8.7.  The buyer may request a reasonable discount or withdraw from the Contract if:

1. 8.7.1.  The seller refused to remove the defect or did not remove it in accordance with sections 8.5 and 8.6,

2. 8.7.2.  the defect mneitherfests repeatedly,

3. 8.7.3.  is a defect a substantial breach of the Contract, or

4. 8.7.4.  is from the Seller's declaration or from circumstances evident that the defect will not be removed v within 30 days from the submission of the complaint or without significant difficulties for the Buyer.

8.8.  The average discount is determined as the difference between the value of the goods without defects and the defective goods received by the Buyer.

8.9.  The buyer cannot withdraw from the Contract, it is-if the defect of the goods is insignificant; it is assumed that the defect is not insignificant.

8.10.  Withdraw-If the Buyer withdraws from the Contract, the Seller will return the purchase price to the Buyer without undue delay after receiving the goods or after the Buyer proves that he has sent the goods.

9. GOODS WITH DIGITAL FEATURES AND DIGITAL CONTENT SERVICE

9.1.  This article. 9 adjusts different conditions, when is The subject of the Contract is goods (i.e. tangible movable property), which is connected with Ddigital content or service Ddigital content in such a way that it could not perform its functions without them (in these Terms and Conditions only "Goods with digital properties“), or when is Subject of the Access Agreement dat in digital form k using by the Buyer for his own needs (in these Terms and Conditions only “Digital content“) or Providing the service of Digital Content, which means 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 this service, or any other interaction with this data. Ostate uestablishment of Business Conditions applies to Goods with digital properties a Digital serviceof the content I will use similarly, is not-is in this article 9 included a special arrangement or if it does not exclude their nature. With regarding the agreed subject of the Contract, the Seller may provide the Buyer with a Digital Content service that is not related to the purchase of goods (typically usage software).

9.2.  Uncertain-If the sellers sell differently, it is digital content that is software, accessible without unnecessary delay after the conclusion of the Contract. In case software is Digital content made available for download through some k designated markets (Google Play, App Store etc.). Sellers accessible and in during the fulfillment of the Contract, the Seller always makes available to the Buyer version Digital content, whichá je compatible with the current version of web browsers Google Chrome and Microsoft Edge; The seller guarantees compatibility s othersmy versions webmi browseri, which are no older than 5 years. Sellers jis authorized to stipulate that the Buyer may use the Digital content, which is especially software, exclusively after prior registration of the Buyerho; without completion registration is not the Buyer software accessible. Costs for securing access to software (especially internet connection fees) is borne by the Buyer.

9.3.  To the maximum extent permitted by Czech law, the Seller neanswers for any damage caused to the Buyer in connection with Using the Digital Content service.

9.4. Rights from defective performance in the case of Goods with digital features and Digital content services

   9.4.1.  The seller commits to making reasonable efforts to ensure that the Digital content is always availableý, functional and safe. The buyer acknowledges that even with this effort from the Seller, the Digital Content service may not always be fully available. available, for example, some of its functions may not be available mainly due to the necessary maintenance of the hardware and software of the Seller or third parties, or fully secure.

   9.4.2.  The seller is responsible to the buyer for the fact that the digital content is available for the duration Contracts without defects. The Seller primarily informs the Buyer that the Digital content:

        9.4.2.1. corresponds to the agreed description and scope, as well as quality, functionality, compatibility, interoperability, and other agreed properties,

        9.4.2.2. is suitable for the purpose for which the Buyer requests it and with which the Seller agrees agreed, and

        9.4.2.3. is provided with the agreed accessories and instructions for use, including installation instructions, and with user support. 

   9.4.3. The seller is responsible to the buyer for the agreed properties:

        9.4.3.1. is Digital content suitable for the purpose for which this type of Digital content is usually used, taking into account the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, unless there are technical standards,

        9.4.3.2. 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 can reasonably expect, also considering public statements made by the Seller or another person in the same contractual chain, especially advertising or labeling,

        9.4.3.3. Digital content is provided with accessories and instructions for use that the Buyer can reasonably expect, and

        9.4.3.4. DDigital content corresponds to a trial version or preview that the Seller made available before the conclusion. Contracts.

   9.4.4.  The seller is not bound by a public statement according to paragraph. 9.4.3.2, prove-if you were not aware of it or if it was amended at least in a comparable manner to that which was made at the time of the conclusion of the Agreement, or that the decision to conclude the Agreement could not to have influence.

   9.4.5. Paragraph 9.4.3 shall not be used in the event that the Seller specifically informed the Buyer before the conclusion of the Contract that certain characteristics of the Digital Content differ and the Buyer expressly agreed to this when concluding the Contract.

   9.4.6.  The buyer can point out a defect that occurs or appears in the Digital Content during the duration of the Contract. It is-If it is a one-time filling, it can point out a defect that will manifest in the Digital content within 2 (two) years from the availability. They have-If the Digital content or Digital content service is to be provided continuously for a certain period according to the Agreement, it is considered that the Digital content or Digital content service is provided defectively, it will manifest-if a defect occurs in good 2 (two) years from accessibility; has-If it is fulfilled for a period longer than 2 (two) years, the Buyer has the right to a defect that occurs or manifests during this time.

   9.4.7.  Has-If the digital content has a defect, the Buyer may request its removal, unless this is impossible or disproportionately costly.. The obligation to remove the defect is fulfilled by providing proper instructions on how to rectify the defect, it is-if there is a defect that can be removed in this way.

   9.4.8.  The buyer may request a reasonable discount or withdraw from Contracts in the scope defective filling, thus in scope according to duration and extent defects, if

        9.4.8.1. Sellers The defect was not removed according to section 9.4.7 or it is evident from the Seller's declaration or from the circumstances that the defect will not be remedied within a reasonable time or without significant difficulties for the Buyer,

        9.4.8.2. the defect may still show even after removal, or

        9.4.8.3. is a defect a substantial breach Contracts.

   9.4.9.  The average discount is determined as the difference between the value Ddigital content without defects and defective Ddigital content provided to the Buyer. Has-to be DDigital content is provided for a certain period, taking into account the time during which it was provided defectively; the buyer is entitled to a discount even in the event that they withdraw from Contracts.

   9.4.10.  The buyer cannot withdraw from Contracts, if there is a defect Dinsignificant digital content. Má se za to, že vada není nevýznamná.

   9.4.11.  Withdraw-li Buyer from the Contract, The seller refrains from using content other than the personal data of the Buyer, which was created by the Buyer during use. Ddigital content; this does not apply in the case that

        9.4.11.1. is the content without this Digital content unusable,  

        9.4.11.2. The content relates exclusively to the activities of the Buyer when using Digital Content,

        9.4.11.3. Sellers may mix content with other data and can only be separated by exerting disproportionate effort, or

        9.4.11.4. was created together with other individuals who may continue to use the content.

9.4.12.  Withdraw-li Buyer from the Contract, Sellers Buyersmu prevent further use Ddigital content, especially by giving it Ddigital content or user account in software unavailable.

9.4.13.  Withdraw-li Buyer from Contracty, refrain from use Ddigital content, including its provision to third parties.

9.4.14.  Monetary amounts that the Seller is obliged to issue to the Buyer due to defective fulfillmentmu, The Seller will return at their own expense without unnecessary delay, no later than 14 (fourteen) days from the day when the Buyer applied at Sellersho the relevant right from defective performance. It will use the same method as the Buyer paid the price, provided that the Buyer expressly agrees otherwise and incurs no costs as a result.

9.5. Update of Digital Content

   9.5.1. Is-If the subject of the Contract is Goods with digital properties, the Seller will ensure that the agreed updates of the Digital content or services of the Digital content will be provided to the Buyer.

   9.5.2.  In addition to the agreed updates, the Seller will ensure that the Buyer is provided with updates that are necessary for the Goods with digital properties to retain their characteristics after receipt according to Art. 7 these Terms and Conditions, and that he will be notified of their availability:

        9.5.2.1. for a period of 2 (two) let, they have-to be according to the Contract Ddigital content or service Ddigital content is provided continuously for a certain period, and is-li agreed to provide for a longer period 2 (two) years, throughout this time, 

        9.5.2.2. for the duration that the Buyer can reasonably expect, whether the Digital content or Digital content service is to be provided once according to the Contract; this will be assessed based on the type and purpose of the goods, the nature of the Digital content or Digital content service, and taking into account the circumstances at the conclusion of the Contract and the nature of the obligation.

   9.5.3. Paragraph 9.5.2 It will not be used in the event that the Seller specifically informed the Buyer before the conclusion of the Contract that updates would not be provided and the Buyer expressly agreed to this when concluding the Contract.

   9.5.4.  The seller is entitled to designate a new version as a mandatory update. In such a case, the buyer is not entitled such reject update and is obliged to update Digital content and replace the original version with a new version without unnecessary postponement. Did not perform-li Buyer mandatory update according to this paragraph in the average duration, has no rights from a defect that arose solely as a result of non-performance update, Digital content then may not be safe and/or functional; tIt does not apply in the event that the Buyer was not informed of the update or the consequences of not implementing it, or if the update was not implemented or was implemented incorrectly due to deficiencies 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. This occurs automatically and these Terms and Conditions also apply to na changed Digital content. Does not establish-If the sellers sell differently, the buyers are not entitled to refuse the changes.; However, the buyer has the option to terminate the use of Digital Content, worsens-If there is a change in his access to Digital content or its use not just insignificantly, within 30 (thirty) days from the day he was notified of the change or from the moment the Digital content was changed, whichever occurs later. It terminates-li user Contract, the paragraphs will be used 9.4.11 until 9.4.14 similarly.

10. PROCEDURE FOR CLAIMING AND HANDLING COMPLAINTS

The rights and obligations of the Seller and the Buyer arising from the exercise of rights due to defective performance by the Buyer are governed by the Seller's Complaints Procedure, which is available at I'm sorry, but I can't access external websites. However, if you provide the text you want translated, I can help with that!

11. WITHDRAWAL FROM THE CONTRACT
11.1. Withdrawal from the Contract by the Buyer 

   11.1.1.  The buyer has the right to withdraw from the Contract within 14 (fourteen) days from the date of receipt of the goods or services in accordance with the provisions of § 1829 paragraph 1 Oof the Commercial Code, provided that in the case where the subject of the Contract is several types of goods or the delivery of several parts, this period runs from the day of receipt of the last delivery of goods.

   11.1.2.  However, the buyer does not have the right to withdraw from the Contract according to the provisions of § 1837 of the Civil Code if the subject of the Contract is:

   11.1.2.1. provision of services, if they have been provided in full, and it for assuming that the fulfillment started with the previous explicit consent The Seller informed the Buyer before the expiration of the withdrawal period from the Contract and before the conclusion of the Contract that the right to withdraw from the Contract is extinguished by the provision of performance.

        11.1.2.2. delivery of goods made according to the requirements of the Buyer or adapted to their personal needs,

        11.1.2.3. the delivery of goods in sealed packaging, which for reasons of health protection or for hygienic reasons is not suitable for return after the Buyer has broken it,

        11.1.2.4. delivery Ddigital content that is not delivered on a tangible medium, after the performance has begun, provided that:

              11.1.2.4.1.1. The fulfillment began with the prior explicit consent of the Buyer before the expiration of the withdrawal period from the Contract,

              11.1.2.4.1.2. The buyer has been informed that the right to withdraw from the Contract is lost, and

              11.1.2.4.1.3. The seller provided him with a confirmation according to § 3.7.2 and 3.10. 

   11.1.3.  Withdraw-If the Buyer is from the Agreement, the subject of which is the delivery of Digital Content, the Buyer does not bear in connection with I will not incur any costs if the Digital content was not delivered on a tangible medium and the Seller provided it before the expiration of the withdrawal period from the Contract, even though the Buyer did not expressly request it, or did not expressly acknowledge that the right to withdraw from the Contract would expire.

   11.1.4. Is-if Sellers are in default with the availability of Digital content in contrary to paragraph 9.2, the Buyer may withdraw from the Contract, or its part, to the extent of Digital content, withdraw, will not fulfill-if the Seller fails to fulfill his obligation without unnecessary delay after being called upon by the Buyer to perform or within an additional period agreed upon by the parties. The Buyer may withdraw from the Contract immediately without an additional period only if it is evident from the Seller's statement or from the circumstances that the Seller will not provide the Digital content or it follows-from the agreement of the parties or from the circumstances at the conclusion Contracts, that the filling at the designated time is essential.

   11.1.5. The notice of withdrawal from the Contract must be sent to the Seller within the withdrawal period. The Buyer may use the sample form available at https://kloki.cz/policies/refund-policy

   11.1.6. The signed notice of withdrawal from the Contract can be sent by the Buyer, among other things, na The address of the Seller's registered office or as an attachment in PDF format to the email: support@kloki.cz. 

   11.1.7. In In the event of withdrawal from the Contract, the Contract is canceled from the beginning. The goods must be returned to the Seller within 14 (fourteen) days from the withdrawal from the Contract. Returns of goods in the form of cash on delivery will not be accepted by the Seller. Withdraws-If the Buyer withdraws from the Contract, the Buyer bears the costs associated with the return of the goods to the Seller, even in the case where the goods cannot be returned by the usual postal route due to their nature.

   11.1.8. If the Buyer withdraws from the Contract, the Seller will return the received monetary funds to the Buyer without unnecessary delay, no later than 14 (fourteen) days from the withdrawal from the Contract. However, the Seller is not obliged to return the monetary funds to the Buyer before the Buyer hands over the goods or proves that he has sent the goods to the Seller.

   11.1.9. The Seller is entitled to inspect the returned goods, especially for the purpose of any damage or wear of the returned goods. The Seller is entitled to unilaterally offset any claim for damages incurred on the goods against the Buyer's claim for the return of the purchase price.

11.2. Withdrawal from the Contract by the Seller 

   11.2.1. The buyer acknowledges that the seller has the right to withdraw from the contract within the deadline. 30(thirty) days from its conclusion, if it was caused by a technical error E-shop to the incorrect display of the goods offer and consequently to the conclusion of the Contract under conditions that the Seller clearly did not intend to conclude - typical in cases where it is on E-the shop consequently displays a purchase price of goods that is evidently disproportionately low compared to the value of the goods, unless it is stated that it is a clearance or discount promotion, also in the case of an incorrect currency conversion of the goods price, or in the case of other errors in the offer of goods on E-shop. In such a case, the Seller will inform the Buyer about the situation that has arisen.-by email. The contract expires od from the moment of delivery of such notification to the Buyer. The Seller will return the entire price of the goods paid by the Buyer no later than 30 (thirty) days from the withdrawal by the Buyer.

   11.2.2. The other legal options for termination of the Contract or withdrawal from the Contract by the Seller are not affected hereby.

12. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

12.1. The Buyer acquires ownership of the goods upon payment of the full purchase price of the goods. The risk of damage to the item passes to the Buyer at the moment of taking over the goods, or if they do not take over.-If the Buyer purchases goods, although the Seller has allowed him to handle them.

12.2. The seller is not responsible for the use of the goods in a manner that does not correspond to the intended purpose of the goods, or which is in inconsistency with the instructions for the use of the goods provided by the Seller. The Seller is also not liable for any damage or defects in the goods arising from the use of the goods in such an improper manner.

12.3. In in the event that the Seller is unable to fulfill the Contract properly and on time due to force majeure (such as extraordinary, unpredictable, and insurmountable obstacles arising independently of the Seller's will), they will inform the Buyer without unnecessary delay. All deadlines k The fulfillment of the Seller is extended for the duration of the force majeure obstacle. The provision of § 2913 of the Civil Code is not affected by this.

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 remote communication means when concluding the Contract. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Contract (especially costs for internet connection, costs for phone calls) shall be borne by the Buyer themselves, and these costs do not differ from the basic rate of the relevant remote communication service providers.

12.6. The contract can be concluded in the Czech language. The concluded contracts are archived by the Seller in electronic form. The Buyer will be provided with e-email confirmation of the conclusion of the Contract according to these Terms and Conditions, The user can access the concluded contracts through the User Account on E-shop.

13. USE AND OPERATION OF THE E-SHOP

13.1. E-shop, including its content and software ensuring its operation, They are intangible assets protected by law, primarily as copyrighted works.and in the sense of Copyrighthis lawa, possibly like other intangible assets protected by lawem.

13.2.  The buyer is E-shop a further protected assets v do not use occupied only for the duration, for purposes, to the extent and in the ways necessary for the use of E-shop in accordance with these Terms and Conditions (tj. k realization of purchases, browsing goods, RRegistration and use of the User Account dle Business terms). The buyer is not entitled to E-shop and its content are primarily used ke for commercial purposes (whether for their own benefit or for the benefit of a third party). The buyer is not entitled to grant any sublicenses to third parties. ani transfer the license to a third party. The buyer must not enter E-to the shop or its content in any way, to intervene, modify it, to perform decompilation, connect it with another work or include it in a collective work.

13.3.  Sellers make reasonable efforts to to ensure that it is E-shop available and functional. However, the buyer acknowledges that E-The shop may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or third parties. To the Buyer v in case of unavailability or malfunction of E-The shop does not incur any claims for defective fulfillment or for compensation for damages.

14. PROTECTION OF PERSONAL DATA

14.1. Information on the processing of personal data of the Buyer or persons acting on behalf of the Buyer in connection with the conclusion and fulfillment of the Contract can be found in the document "Information on the processing of personal data" which is available at https://kloki.cz/policies/privacy-policy

15. CONSUMER DISPUTE RESOLUTION

15.1 In the event that a consumer dispute arises between the Buyer and the Seller from the Contract, which cannot be resolved by mutual agreement, the Buyer may submit a proposal for extrajudicial resolution of such a dispute to the designated entity for extrajudicial resolution of consumer disputes, which is: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, address: Štěpánská 15 120 00 Prague 2, website: www.coi.cz.

15.2 K the out-of-court resolution of disputes, the online dispute resolution platform located at http://ec.europa.eu/consumers/odr can also be used. The contact point according to 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, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz.

16. MUTUAL COMMUNICATION

16.1.  All designations between the Buyer and the Seller that relate k These Terms and Conditions, the Contract or Registration, or any that are to be made on their basis, must be made in writing and delivered to the other party. The requirement for written form is also met if the notification is sent in electronic form as an attachment to an email.-email messages in PDF format through the following contacts:

   16.1.1.  contact details of the Seller: e-mail: support@kloki.cz phone number: +420 222 960 196,

   16.1.2.  contact e-email of the Buyer provided v Order or User Account.

16.2.  Buyers and Sellers agree that in the event of a change in contact details, they will inform the other party of this change (i.e., update their details in the User Account) no later than 3 (three) working days.

16.3. VInvoices will be sent electronically to e-the email address of the Buyer provided v Order, or User account.

17. COMMON AND FINAL PROVISIONS

17.1.  The buyer agrees that the seller has the right to assign the contract or any part thereof to a third party.

17.2.  The seller is entitled to supplement or change these Terms and Conditions at any time. This supplement and/or change will be published in the E interface.-shop and information about this supplement and/or change will also be sent to the registered Buyer at their contact e--mail uvedenial v User account. As of the effective date of the new version of the Terms and Conditions, the previous version of the Terms and Conditions ceases to be effective. In the event that the Buyer does not agree with the changes, they have the right to terminate the Registration at any time. Changes to the Terms and Conditions do not affect Contracts concluded while the original Terms and Conditions were in effect.

17.3 If any provision of these Terms and Conditions is invalid or unenforceable, such fact shall not affect the validity or enforceability of the remaining provisions of the Terms and Conditions.

17.4 This wording of the Terms and Conditions comes into effect on 1.8.2024