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Terms and Conditions

Company

ZOOKEE s.r.o.
Klimentská 2067/34
Praha 1, 110 00
CRN: 26001217
VAT No.: CZ26001217
Commercial Register: the Municipal Court in Prague. section C, file115886
for the sale of goods through an online store located at www.sensor.cz

1. INTRODUCTORY PROVISIONS

1.1.     The following Business Terms and Conditions (hereinafter referred to as the ‘Business Terms and Conditions’) of ZOOKEE s.r.o., with its registered office at Klimentská 2067/34 Prague 1, 110 00, CRN: 26001217, registered in the Commercial Register maintained by: the Municipal Court in Prague. section C, file 115886 (hereinafter referred to as the ‘Seller’) regulate, in accordance with the provisions of Section 1751 (1) of Act No 89/2012 Coll, the Civil Code (hereinafter referred to as the ‘Civil Code’), the mutual rights and obligations of the parties arising from or based on the purchase contract (hereinafter referred to as the ‘Purchase Contract’) entered into between the Seller and another natural person (hereinafter referred to as the ‘Buyer’) via the Seller’s online store. The Seller operates an online store at the website located at the internet address www.sensor.cz (hereinafter the ‘Website’) through the Website's interface (hereinafter the ‘Online Store Web Interface’).
1.2.     The Business Terms and Conditions shall not cover cases when the person that intends to buy the Goods from the Seller is a legal person or a person acting in ordering the Goods as part of their regular business or as part of their sole business performance.
1.3.     Provisions that deviate from the Business Terms and Conditions may be agreed upon in the Purchase Contract. Derogating provisions under the Purchase Contract shall take precedence over those of the Business Terms and Conditions.
1.4.     The provisions of the Business Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Business Terms and Conditions have been prepared in the Czech language. The Parties hereto can enter into the Purchase Contract in the Czech language.
1.5.     The Seller may change or add to the wording of the Terms. This provision is without prejudice to any rights and obligations existing during the effective term of the previous version of the Business Terms and Conditions.

2. USER ACCOUNT

2.1.     Based on the Buyer's registration through the Website, the Buyer must be allowed to access the Website's user interface. From the user interface (hereinafter the ‘User Account’), the Buyer may order Goods. If the web interface enables it, the Buyer may also order Goods without registration directly from the Online Store Web Interface.
2.2.     When registering at the Website and when ordering Goods, the Buyer must provide correct and true information for all the requested data. The Buyer is obliged to update the details provided in their User Account in the event they change. The data specified by the Buyer in the User Account and when ordering the Goods shall be considered accurate by the Seller.
2.3.     The access to the User Account is secured by a username and password. The Buyer is required to protect the confidentiality of all information essential for accessing the User Account.
2.4.     The Buyer is not authorised to allow third parties to use their User Account.
2.5.     The Seller may cancel the Buyer’s User Account, in particular if the Buyer has not used their User Account for more than 2 years, or if the Buyer breaches their obligations under the Purchase Contract (including the Business Terms and Conditions).
2.6.     The Buyer must acknowledge that its User Account may not be accessible at all times due to necessary maintenance of the hardware and software equipment of the Seller, or, if need be, due to the necessary maintenance of the hardware and software of third parties.

3.     ENTERING INTO A PURCHASE CONTRACT

3.1.     All the Goods presented in the Online Store Web Interface shall be solely for information purposes, and the Seller shall not be obliged to conclude a specific contract for these particular Goods. Section 1732 (2) of the Civil Code shall not apply.
3.2.     The Online Store Web Interface shall provide information on the Goods along with prices for single articles. The prices of the Goods are specified including VAT and all related fees. The prices of the Goods shall remain valid for as long as they are displayed in the Online Store Web Interface. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually negotiated terms.
3.3.     The Online Store Web Interface also contains information on the costs connected with the packaging and delivery of the Goods. Information on the costs connected with the packaging and delivery of the Goods provided at the Online Store Web Interface only applies as long as the Goods are to be delivered to an address within the Czech Republic.
3.4.     To order Goods, the Buyer must fill in the order form available at the Online Store Web Interface. The order form contains, in particular, information about:
3.4.1.     the ordered Goods (the Buyer shall ‘place’ the ordered Goods in an electronic cart in the Online Store Web Interface)    

3.4.2. the payment method of the purchase price of the Goods, information about the requested delivery method of the ordered Goods, and    

 3.4.3. information about the costs relating to delivery of the Goods (hereinafter referred to together as the ‘Order’).
3.5.     Before the Order is sent to the Seller, the Buyer is entitled to check and edit data on the Order, including the Buyer's option to identify and correct mistakes made when entering data in the order. The Order shall be sent by the Buyer to the Seller by clicking on the ‘Order’ button. The details specified in the Order are considered accurate by the Seller.
3.6.     The act of sending the Order shall be regarded as an action performed by the Buyer which clearly and unambiguously identifies the ordered Goods, the purchase price, the Buyer, and the purchase price payment method and which shall serve as a draft Purchase Contract binding for both parties. A necessary condition is to fill out all mandatory information on the Order form, indicating knowledge of these Business Terms and Conditions available at the Website and a confirmation that the Buyer has acquainted themselves with these Business Terms and Conditions.
3.7.     Immediately after receiving the Order, the Seller shall confirm such receipt to the Buyer by email to the Buyer's email address provided in the User Interface or in the Order (hereinafter the ‘Buyer's Electronic Address’).
3.8.     The Seller is always entitled, depending on the character of the Order (the quantity of the Goods, the amount of the purchase price, and the expected costs for transport), to ask the Buyer for additional confirmation of the Order (e.g. in writing or by phone).
3.9.     The draft Purchase Contract in the form of the Order shall remain valid for 15 days.
3.10.     The contractual relationship between the Seller and the Buyer shall be established by the Seller delivering the acceptance of the Order to the Buyer via email to the Buyer's Electronic Address.
3.11.     The Seller reserves the right to combine two or more Orders into one, if the invoicing and delivery data are identical in the Buyer’s orders. In this case, the transport costs and marketing events are calculated only once.
3.12.     If the Seller is unable to meet any of the requirements shown in the Order, the Seller shall send to the Buyer's Electronic Address a changed offer stating the possible alternatives of the Order, and shall ask for the Buyer's opinion.
3.13.     The changed offer shall be considered a new proposal for a Purchase Contract and, in this event, the Purchase Contract shall only be concluded upon acceptance by the Buyer through email. 
3.14.     The Buyer consents to using remote communication means during the process of forming a Purchase Contract. The costs that arise for the Buyer during the use of remote communication means in connection with entering into the Purchase Contract (costs for internet connection, costs for phone calls) shall be paid by the Buyer alone, whereas these costs shall not differ from the basic rate.
3.15.     The Buyer agrees to send documents by email.

4.     GOODS PURCHASE PRICE AND PAYMENT METHOD

4.1.     The price of the Goods and any costs associated with the delivery of the Goods according to the Purchase Contract may be paid by the Buyer to the Seller in cash on delivery to the shipping company, online payment card, or pro forma invoice.
4.2.     In addition to the purchase price, the Buyer shall also pay to the Seller the agreed costs connected with the packaging and delivery of the Goods. Unless expressly specified otherwise, the purchase price shall also include the costs relating to delivery of the Goods.
4.3.     The Seller shall not require payment of an advance or another similar payment from the Buyer. This shall not affect the provision of clause 4.6 in the Business Terms and Conditions regarding the obligation to pay the Goods contractual price in advance.
4.4.     For cash payments and cash on delivery, the purchase price is payable upon acceptance of the Goods. For cashless payments, the purchase price is payable within 14 days of the conclusion of the Purchase Contract.
4.5.     In case of cashless payment, the Buyer shall be obliged to make the payment for the purchase price of the Goods along with the respective payment variable symbol. In the case of cashless payment, the Buyer’s commitment to pay the purchase price is fulfilled at the moment the respective amount is credited into the Seller’s account.
4.6.     The Seller is entitled, in particular when the Buyer does not confirm the Order to a sufficient extent (Article 3.5), to require payment of the entire purchase price before sending the Goods to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.7.     Individual discounts from the price of the Goods provided by the Seller to the Buyer, as the case may be, cannot be combined.
4.8.     If required by normal business practices or stipulations of generally binding regulations, the Seller shall issue the Buyer with the respective tax document (invoice) regarding payments ensuing from the Purchase Contract. The Seller is a VAT payer. The Seller shall issue a tax document (invoice) to the Buyer after payment is made for the Goods, and shall send it in electronic form to the Buyer’s Electronic Address.

4.9.     According to the Act on Registration of Revenue, the Seller is obliged to issue a receipt to every Buyer. The Seller shall also register the revenue received with the tax administrator online, no later than within 48 hours (in the event of a technical failure).

5.     WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1.     The Buyer understands that, according to the provision of Section 1837 of the Civil Code, it is not possible to withdraw from Purchase Contracts in the following cases, among others:
5.1.1.     for the supply of Goods whose price depends on fluctuations of the financial market independent of the Seller’s control and which may occur during the period for withdrawal from the Contract,    

5.1.2. on the delivery of alcoholic beverages which may only be delivered after a 30-day period and the price of which depends on financial market fluctuations independent of the Seller's will,
5.1.3.     for the supply of Goods which have been modified according to the wishes of the Buyeror its person,
5.1.4.     supply contracts for perishable Goods as well as Goods that were irreversibly mixed with other Goods after delivery,
5.1.5.     for the supply of sealed Goods which the Buyer has removed from the packaging and which cannot be returned for hygiene reasons,
5.1.6.     on the delivery of an audio or video recording or a computer programme if they have damaged the original packaging,
5.1.7.     on the delivery of magazines or periodicals,
5.1.8.     on the delivery of digital contents, unless such contents were stored on physical media and provided that these Goods were delivered based on the previous and explicit consent of the Buyer before the contract withdrawal time period expired, and provided that the Seller notified the Buyer before the conclusion of the relevant contract that in such scenario the Buyer has no right to withdraw from the contract.
5.2.     In cases other than those defined in clause 5.1 or where the Purchase Contract could not be cancelled, the Buyer shall, pursuant to the provisions of Section 1829 paragraph 1 of the Civil Code, be entitled to cancel the Purchase Contract within 14 days of accepting the Goods, whereas in such cases as the Purchase Contract covers several kinds of Goods or the delivery of several parts, the time for cancellation shall start once the last delivery of Goods is accepted. The Buyer is obligated to send its withdrawal notice within the time period specified in the previous clause.
5.3.     Withdrawal from the Purchase Contract may be sent by the Buyer to the address of the Headquarters – Online Store, which is specified in the Online Store contact details. The provisions contained in Article 11 of these Business Terms and Conditions shall apply to the delivery of the notice of termination of/withdrawal from the Online Store contact details.
5.4.     In the event of withdrawal from the Purchase Contract pursuant to clause 5.2 of the Business Terms and Conditions, the Purchase Contract shall be cancelled from the beginning. The Goods shall be returned to the Seller within 14 days of the cancellation of the Purchase Contract by the Buyer. If the Buyer withdraws from the Purchase Contract, the Buyer shall be responsible for the costs connected with the return of the Goods to the Seller, even if the Goods cannot be returned via the normal workings of the postal system due to their nature.
5.5.     In the event of withdrawal from the Purchase Contract pursuant to clause 5.2 of the Business Terms and Conditions, the Seller shall return the payment received from the Buyer within 14 days of the cancellation of the Purchase Contract by the Buyer in the same way the Seller received the payment. Furthermore, the Seller is entitled to return the funds provided by the Buyer at the time the Goods are returned by the Buyer by way of another method, as long as the Buyer agrees to the same and as long as the Buyer does not incur additional costs by doing so. If the Buyer withdraws from the Purchase Agreement, the Seller shall not be required to return any received funds to the Buyer sooner than by the time the Buyer returns the Goods to the Seller or proves that they have been sent to the Seller.
5.6.     The Seller shall be entitled to unilaterally include the title for compensation for any damage caused to the Goods against the Buyer's entitlement for the purchase price return.
5.7.     Until the Goods are taken over by the Buyer, the Seller shall be entitled to withdraw from the Purchase Contract at any time. In such a case, the Seller shall return the purchase price to the Buyer without any unnecessary delay via bank transfer to the bank account specified by the Buyer.
5.8.     If the Buyer is provided with a gift along with the Goods, a deed of gift between the Seller and the Buyer shall be concluded with the subsequent condition stating that in case the Buyer cancels the Purchase Contract, the deed of gift for such a gift shall lose its effect and the Buyer shall be obliged to return the Goods along with the gift provided.

6.     TRANSPORT AND DELIVERY OF GOODS

6.1.     If the method of transport is agreed on the basis of the Buyer's special request, the Buyer shall bear the risk and any additional costs, if any, related to such a method of transport.
6.2.     If, under the Purchase Contract, the Seller is obliged to deliver the Goods to a location specified by the Buyer in the order, the Buyer is obliged to accept the Goods upon delivery.
6.3.     If it is necessary to deliver the Goods repeatedly or in a different way than specified in the Order for reasons on the Buyer's side, the Buyer shall be obliged to settle the costs related to repeated delivery of the Goods or the costs related to another method of delivery.
6.4.     When receiving the Goods from the carrier, the Buyer is required to check the integrity of the packaging of the Goods and, in the event of any disruptions, immediately notify the carrier. If the packaging is found to be disrupted, which implies the consignment has been tampered with, the Buyer is not obliged to accept the consignment from the carrier.

7.     DAMAGE LIABILITY RIGHTS

7.1.     Generally binding regulations (primarily the provisions of Sections 1914 through 1925, Sections 2099 through 2117, and Sections 2161 through 2174 of the Civil Code) shall govern the right and obligations of the Contracting Parties regarding the faulty performance of any Goods.
7.2.     The Seller shall be responsible for ensuring the Buyer that the Goods are free of defects. In particular, the Seller shall be liable to the Buyer at the time when the Buyer takes over the Goods for the fact that:
7.2.1.     the Goods have the properties agreed between the Parties, or if no such agreement exists, the properties described by the Seller or the manufacturer, or the properties that the Buyer can reasonably expect with regard to the nature of the Goods and based on advertisements produced by the Seller or the manufacturer;
7.2.2.     the Goods are suited to the purpose of use as indicated by the Seller, or to the purpose the concerned type of Goods normally serve;
7.2.3.     the Goods conform to the quality or execution of the contracted sample or template, provided that the grade or design has been determined according to an agreed sample or template;
7.2.4.     the Goods are in the appropriate quantity, scale, or weight; and
7.2.5.     the Goods comply with the applicable statutory requirements.
7.3.     The provisions stipulated in clause 7.2 of the Business Terms and Conditions shall not be applied to Goods sold for a reduced price due to a defect or wear and tear caused by regular use attributable to the lower agreed price; to used Goods defects corresponding to the use and wear and tear rate the Goods already display when accepted by the Buyer; or if implied by the nature of the Goods.
7.4.     If the defect appears within a period of six months from acceptance, then it shall be assumed that the Goods were already defective at the time of their acceptance.
7.5.     The Buyer shall exercise the faulty performance right at the address of the Seller's facility in which a complaint can be lodged as regards the sold Goods, or, as the case may be, at the Seller's registered address or place of business. The moment the Seller receives the claimed Goods shall be considered the moment a claim is lodged.
7.6.     The Seller's rules for claims and complaints shall also be applicable for governing other rights and obligations of the Parties regarding the Seller's responsibility for defects.

8.     OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1.     The Buyer shall acquire the title to the Goods upon payment of the full purchase price.     The Seller is not bound to any codes of conduct in relation to the Buyer as described in the provisions of Section 1826(1)(e) of the Civil Code.
8.3.     Extrajudicial clearance of the complaints of consumers shall be secured by the Seller through the electronic address info@zookee.cz . The Seller shall send information regarding the settlement of a Buyer’s complaint to the Buyer’s Electronic Address.
8.4.     The Seller is entitled to sell Goods based on a trade licence. The Trade Licensing Authority shall exercise its relevant jurisdiction to check the validity and effectiveness of trade licences. The Czech Personal Data Protection Office shall perform supervision over personal data protection. The Czech Trade Inspection Authority performs to the defined extent the supervision over observing Act No. 634/1992 Coll. on Consumer Protection, as amended.
8.5.     Therefore the Buyer hereby accepts the risk of change in circumstances pursuant to Section 1765 (2) of the Civil Code.

9.     PERSONAL DATA PROTECTION

9.1.     The protection of personal data is dealt with in a separate document of the Privacy Policy, which is published on the Seller’s Website.

9.2.     The Buyer agrees that any personal data provided by it would be processed and stored by the Seller in accordance with the Personal Data Protection Act (No. 101/2000 Coll.) for the fulfilment of the subject matter of the Contract.
9.3.     The Buyer consents to the processing of the following personal data: name, surname, home address, identification number, tax identification number, email address, and telephone number (hereinafter all collectively referred to as the ‘Personal Data’).
9.4.     The Buyer agrees the Seller shall process the Buyer's Personal Data for the purpose of exercising the rights and obligations under the Purchase Contract and for the purpose of keeping their User Account. Consent to processing the Personal Data in their full scope as per this article is not a condition preventing the conclusion of a Purchase Contract.
9.5.     The Buyer shall acknowledge its obligation to provide the Personal Data (upon registration, in its User Account, in placing orders via the Online Store Web Interface) correctly and truly and to inform the Seller of any changes in their Personal Data without any unnecessary delay.
9.6.     The Seller may entrust a third party processor to process the Buyer's Personal Data. Aside from persons transporting Goods, personal data shall not be provided to any third parties without the Buyer’s prior consent.
9.7.     Personal Data shall be processed for the period necessary for the performance of the Purchase Contract and pursuant to the applicable laws of the Czech Republic. The Personal Data shall be processed electronically by automated means or in printed form by non-automated means.
9.8.     The Buyer certifies that the Personal Data provided are accurate and that they have been instructed on the voluntary nature of the provision of the Personal Data .
9.9.     Should the Buyer feel that the Seller or the processor (see clause 9.5) uses their Personal Data contrary to the rules describing the protection of private and personal life, or contrary to the law, in particular if the Personal Data are inaccurate with regard to the processing purposes, the Buyer shall be entitled:
9.9.1.     to request explanation from the Seller or the data processor,     to request that the Seller or the data processor remedy the situation,

9.9.3.     to express disapproval of processing of such Personal Data in writing.
9.10.     If the Buyer requests information on processing of their Personal Data, the Seller is obliged to provide such information.

10.     DELIVERY

10.1.     Any notices related to the relations between the Seller and the Buyer, in particular notices related to the withdrawal from the Purchase Contract, must be delivered by registered mail unless otherwise specified in the Purchase Contract. Notices are to be delivered to the relevant contact address of the other Party and are considered to be delivered and effective at the moment they are delivered via the postal service, with the exception of notices of withdrawal from the Contract submitted by the Buyer when the withdrawal takes effect if the notice is sent by the Buyer within the contract withdrawal time period.
10.2.     Furthermore, a notice or other message shall be regarded as accepted even in cases where the recipient rejected the message, or if the mail is not picked up during the deposit time or if the message was returned as undeliverable.
10.3.     The Parties may each serve ordinary correspondence via emails to the email address shown in the Buyer's User Account, or by the Buyer in the Order, or as shown on the Seller's Website. 

11.     FINAL PROVISIONS

11.1.     If the relationship established by the Purchase Contract contains an international (foreign) element, then the Parties agree that the relationship is governed by the Czech law. The aforementioned does not affect the consumer's rights resulting from generally binding legal regulations.

11.2.     In the event of a dispute between the consumer and the Seller, the consumer may also avail itself of the possibility of out-of-court settlement. In such case, the Buyer may contact the subject of out-of-court dispute resolutions, which is the Czech Trade Inspection (www.coi.cz) and proceed according to the rules stated therein. More information on out-of-court dispute resolutions can be found on the website of the Czech Trade Inspection Authority. Alternative dispute resolution can also be initiated via an online form at the following address: https://webgate.ec.europa.eu/odr/.
11.3.     Should any provisions of the Business Terms and Conditions be found to be or become invalid or ineffective, then such invalid and/or ineffective provisions shall be replaced by provisions with a meaning that corresponds as closely as possible to the purpose of the replaced provisions. The invalidity or ineffectiveness of one provision shall not affect the validity of the rest of the provisions. Any changes and additions to the Purchase Contract or the Business Terms and Conditions must be made in writing.
11.4.     The Purchase Contract, including the Terms and Conditions, shall be archived by the Seller in an electronic format and shall not be accessible.
11.5.     The Seller’s contact details: mailing address, claim settlement address:

ZOOKEE s.r.o.
Milady Horákové 46
Svitavy, 568 02
Tel. 461 530 983 info@zookee.cz


In Svitavy on 23/05/2019                        

Contact details:

e-shop headquarters:
ZOOKEE s.r.o.
Milady Horákové 46
Svitavy, 568 02
Tel.: 461 530 983
info@zookee.cz

billing informations:
ZOOKEE s.r.o.
Klimentská 2067/34
Praha 1, 110 00
IČO: 26001217
DIČ: CZ26001217
OR: Městský soud v Praze. Spisová značka odd. C, vl.115886