TERMS AND CONDITIONS

company

Scootering s.r.o.

with registered office at Zdeňka Fibicha 1210, 75701 Valašské Meziříčí, Czechia  

identification number: 11823526     

registered in the Commercial Register maintained by the Regional Court in Ostrava, section C, file 86965

for the sale of goods via the online store located at the internet address www.scootering.cz / www.scootering.eu

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of Scootering s.r.o., with its registered office at Zdeňka Fibicha 1210, 757 01 Valašské Meziříčí, identification number: 11823526, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 86965 (hereinafter referred to as the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contractual 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”) via the Seller’s online store. The online store is operated by the Seller on the website at https://www.scootering.cz or https://www.scootering.eu(hereinafter referred to as the “Website”), through the website interface (hereinafter referred to as the “Webshop Interface”).

1.2. The Terms and Conditions do not apply to cases where a person intending to purchase goods from the Seller is a legal entity or acts when ordering goods in the course of their business activity or independent profession.

1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating agreements in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and Terms and Conditions are drafted in the Czech language. The Purchase Contract can only be concluded in the Czech language.

1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.

2. USER ACCOUNT

2.1. Based on the Buyer’s registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can place orders for goods (hereinafter referred to as the “User Account”). If the Webshop Interface allows, the Buyer can also order goods without registration directly via the Webshop Interface.

2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information in their User Account whenever it changes. The information provided by the Buyer in their User Account and when ordering goods is considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access their User Account.

2.4. The Buyer is not authorized to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account, in particular if the Buyer has not used their User Account for more than 3 years, or if the Buyer violates their obligations under the Purchase Contract (including the Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be continuously available, especially due to necessary maintenance of the Seller’s hardware and software or third-party hardware and software.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentations of goods displayed in the online store interface are for informational purposes only, and the seller is not obliged to conclude a purchase contract regarding such goods. The provision of § 1732(2) of the Civil Code shall not apply.

3.2. The online store interface contains information about the goods, including the prices of individual goods and the costs of returning goods if such goods cannot be returned by ordinary postal means due to their nature. The prices of goods are stated including value-added tax (VAT) and all related charges. Prices are given including VAT at the rate applicable in the Czech Republic. Upon specifying the destination country, the price will be adjusted according to the VAT rate valid in that country. Prices of goods remain valid for as long as they are displayed in the online store interface. Prices of goods are not adapted to the individual buyer through automated decision-making. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed terms.

3.3. The online store interface also contains information about the costs associated with packaging and delivery of goods, as well as the method and time of delivery. Information about packaging and delivery costs provided in the online store interface applies only when goods are delivered within the territory of the Czech Republic. In cases where the seller offers free delivery, the buyer’s right to free delivery arises upon payment of the minimum total purchase price of the delivered goods as specified in the online store interface. If the buyer partially withdraws from the purchase contract and the total purchase price of goods not withdrawn by the buyer does not reach the minimum amount required for the right to free delivery under the previous sentence, the buyer’s right to free delivery expires, and the buyer is obliged to pay the seller for the delivery.

3.4. To order goods, the buyer fills out an order form in the online store interface. The order form contains, in particular, information about:

3.4.1. the ordered goods (the buyer "adds" the goods to the electronic shopping cart in the online store interface),

3.4.2. the method of payment for the goods, the requested method of delivery of the ordered goods, and

3.4.3. information about costs associated with the delivery of goods (collectively referred to as the "order").

3.5. Before sending the order to the seller, the buyer is allowed to review and modify the entered data in the order, including the possibility of detecting and correcting errors made when entering the order data. The buyer submits the order to the seller by clicking the "ORDER WITH PAYMENT OBLIGATION" button. The information provided in the order is considered correct by the seller. The seller shall immediately confirm receipt of the order to the buyer by e-mail, to the buyer's e-mail address provided in the user account or in the order (hereinafter referred to as the "buyer’s e-mail address").

3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, expected delivery costs), to request additional confirmation of the order from the buyer (for example, in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail to the buyer’s e-mail address.

3.8. The buyer agrees to the use of remote communication means in concluding the purchase contract. Costs incurred by the buyer for the use of remote communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) shall be borne by the buyer, and such costs do not differ from the basic rates.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller using the following methods:

• in cash or by payment card at the seller’s premises at Zdeňka Fibicha 1210, 757 01 Valašské Meziříčí, CZ;

• in cash or by payment card on delivery at the location specified by the buyer in the order, if permitted by the seller;

• by bank transfer to the seller’s account no. 33033001/2010 in CZK or to the seller’s account IBAN: CZ9220100000000033033044 BIC: FIOBCZPPXXX in EUR, held with Fio banka, a.s. (hereinafter referred to as the "seller’s account");

• cashless via the ComGate payment system;

• cashless by payment card via the ComGate payment system;

• in cash or by payment card upon personal collection at the parcel pickup point.

4.2. Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.3. The seller does not require the buyer to pay a deposit or any similar payment. This does not affect the provision of Article 4.6 of these terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of cash payment, payment on delivery, or payment at a pickup point, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within seven days of concluding the purchase contract.

4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with providing the variable payment symbol. The buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s account.

4.6. The seller is entitled, especially if the buyer fails to provide additional confirmation of the order (Article 3.6), to require payment of the full purchase price before sending the goods to the buyer. The provision of § 2119(1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

4.8. If customary in commercial practice or required by generally binding legal regulations, the seller shall issue a tax document – invoice – regarding payments made based on the purchase contract to the buyer. The seller is a VAT payer. The tax document – invoice – will be issued by the seller to the buyer after payment of the purchase price and sent in paper form together with the goods to the delivery address of the buyer specified in the order.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The buyer acknowledges that, pursuant to § 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the delivery of:

5.1.1. goods manufactured according to the buyer’s specifications or customized to their personal needs;
5.1.2. goods that are perishable or have a short shelf life, as well as goods that, after delivery, have been irreversibly mixed with other goods due to their nature;
5.1.3. goods in a sealed package which, for reasons of health protection or hygiene, are not suitable for return once the buyer has opened the package; and
5.1.4. audio or video recordings or computer software in a sealed package, if the buyer has opened it.

5.2. If the case is not covered by Article 5.1 of these Terms and Conditions, or any other case where withdrawal from the purchase contract is not allowed, the buyer shall have the right to withdraw from the purchase contract in accordance with § 1829(1) and (2) of the Civil Code, within fourteen (14) days from the day the buyer or a third party designated by the buyer, other than the carrier, takes delivery of the goods, or:

5.2.1. the last unit of goods, if the buyer ordered multiple units of goods delivered separately within a single order;
5.2.2. the last item or part of a delivery of goods consisting of multiple items or parts; or
5.2.3. the first delivery of goods if the contract stipulates regular delivery of goods for an agreed period.

5.3. Withdrawal from the purchase contract must be sent to the seller within the period specified in Article 5.2 of these Terms and Conditions. The buyer may use the sample withdrawal form provided by the seller, which is attached to the Terms and Conditions. Withdrawal may be sent, among other ways, to the seller’s business address or to the seller’s email address: reklamace@scootering.cz.

5.4. In the event of withdrawal from the purchase contract, the purchase contract is canceled from the outset. The buyer shall return or deliver the goods to the seller without undue delay, no later than fourteen (14) days from withdrawal from the contract, unless the seller has offered to collect the goods themselves. The period is deemed met if the buyer sends the goods before its expiry. If the buyer withdraws from the purchase contract, they bear the costs associated with returning the goods to the seller, even if the goods cannot be returned via ordinary postal services due to their nature.

5.5. In the case of withdrawal under Article 5.2, the seller shall return the funds received from the buyer within fourteen (14) days from withdrawal from the purchase contract, using the same payment method as the buyer used or to the buyer’s bank account. The seller may also return the consideration provided by the buyer upon the return of the goods or by another method, if agreed by the buyer, without additional costs for the buyer. The seller is not obliged to return the funds to the buyer before receiving the goods or before the buyer proves that the goods have been sent back, whichever occurs first.

5.6. If the buyer requests a return or exchange of goods within 15–90 days, the seller shall return the consideration provided by the buyer in the form of a discount code for a future purchase, valid for one year, sent to the email address provided by the buyer in the order.

5.7. The seller is entitled to offset any claims for damage to the goods against the buyer’s claim for a refund of the purchase price.

5.8. In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829(1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time up until the goods are received by the buyer. In such a case, the seller shall return the purchase price to the buyer without undue delay, cashlessly to the account specified by the buyer.

5.9. If a gift is provided to the buyer along with the goods, the gift agreement between the seller and the buyer is concluded with a resolutive condition that, in the event of the buyer withdrawing from the purchase contract, the gift agreement regarding such gift shall cease to be effective, and the buyer shall return the gift to the seller together with the goods.

5.10. If a loyalty discount is provided to the buyer along with the goods, the loyalty discount is granted with a resolutive condition that, in the event of the buyer withdrawing from the purchase contract, the loyalty discount shall cease to apply and will be deducted from the price of the returned goods.

5.11. In general, when returning goods within the statutory period, the seller shall return the consideration to the buyer in the same form as it was paid for the goods. If the payment was made using a gift voucher, even partially, the buyer shall receive a new gift voucher code from the seller corresponding to the value of the returned goods. This applies preferentially even if only part of the goods from the order is returned.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If the method of delivery is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of delivery.

6.2. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.

6.3. If, for reasons on the buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than specified in the order, the buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with the alternative method of delivery.

6.4. Upon taking delivery of the goods from the carrier, the buyer is obliged to check the integrity of the goods’ packaging and immediately notify the carrier of any defects. If the buyer finds a breach of the packaging indicating unauthorized access to the shipment, they are not obliged to accept the shipment from the carrier. This does not affect the buyer’s rights regarding liability for defects in the goods or other rights arising from generally binding legal regulations.

6.5. Additional rights and obligations of the parties regarding the transport of goods may be governed by special delivery conditions issued by the seller, if such conditions are provided.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contractual parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. If the subject of the purchase is a tangible movable item connected with digital content or a digital content service in such a way that it cannot perform its functions without them (hereinafter referred to as a “thing with digital features”), the provisions on the seller’s liability for defects shall also apply to the provision of the digital content or digital content service, even if provided by a third party. This does not apply if it is evident from the purchase contract or the nature of the item that they are provided separately.

7.3. The seller is liable to the buyer that the item is free of defects upon delivery. In particular, the seller is responsible that the item:

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

7.3.2. is suitable for the purpose for which the buyer requires it and which the seller has agreed to; and

7.3.3. is delivered with the agreed accessories and instructions for use, including assembly or installation instructions.

7.4. The seller is liable to the buyer that, in addition to the agreed properties:

7.4.1. the item is suitable for the purpose for which items of this type are usually used, taking into account third-party rights, legal regulations, technical standards, or industry codes of conduct;

7.4.2. the item, in terms of quantity, quality, and other properties, including durability, functionality, compatibility, and safety, corresponds to the usual properties of items of the same type reasonably expected by the buyer, also considering public statements made by the seller or another person in the same contractual chain (e.g., advertising or labeling), unless the seller proves that they were unaware or that it was adjusted in a comparable manner at the time of the contract, or that it could not have influenced the purchase decision;

7.4.3. the item is delivered with accessories, including packaging, assembly instructions, and other instructions reasonably expected by the buyer; and

7.4.4. the item corresponds in quality or execution to a sample or model provided by the seller to the buyer before the conclusion of the contract.

7.5. The provisions of Article 7.4 shall not apply if the seller specifically informed the buyer before concluding the contract that a certain property of the item differs and the buyer explicitly agreed to it.

7.6. The seller is also liable for defects caused by incorrect assembly or installation performed by the seller or under their responsibility. This also applies if the assembly or installation was carried out by the buyer and the defect arose due to insufficient instructions provided by the seller or the provider of digital content or service, in the case of a thing with digital features.

7.7. If a defect appears within one year from delivery, it is assumed that the item was defective upon delivery, unless the nature of the item or defect excludes this. This period does not run while the buyer cannot use the item if they justifiably claimed the defect.

7.8. If the subject of the purchase is a thing with digital features, the seller shall ensure that the agreed updates of the digital content or digital content service are provided. In addition to agreed updates, the seller shall ensure that necessary updates are provided so that the item maintains its properties under Articles 7.3 and 7.4, and the buyer is notified of their availability:

7.8.1. for two years if digital content or a digital content service is to be provided continuously for a certain period; if provision is agreed for longer than two years, for the entire agreed period;

7.8.2. for a reasonable period if digital content or service is to be provided as a one-time provision, considering the type and purpose of the item, the nature of the digital content or service, and circumstances at the time of contract conclusion.

7.9. The provisions of Article 7.8 do not apply if the seller specifically informed the buyer before the contract that updates would not be provided, and the buyer explicitly agreed.

7.10. If the buyer fails to perform the update within a reasonable period, they have no rights regarding defects that arose solely due to the failure to update. This does not apply if the buyer was not informed about the update or its consequences or if the update was not performed or performed incorrectly due to insufficient instructions. If digital content or service is to be provided continuously and a defect appears during the period under Articles 7.8.1 and 7.8.2, it is assumed that the digital content or service was provided defective.

7.11. The buyer may claim a defect that appears within two years from delivery. For things with digital features provided continuously, the buyer may claim defects occurring or appearing within two years; if provision exceeds two years, the buyer may claim defects within that period. The defect notification period does not run while the buyer cannot use the item if the defect was justifiably claimed.

7.12. If the item is defective, the buyer may request its remedy. At their choice, the buyer may request delivery of a new defect-free item or repair of the item unless the chosen remedy is impossible or disproportionately costly compared to the other; assessed particularly considering the defect significance, item value without defect, and whether the defect can be remedied otherwise without significant difficulty for the buyer.

7.13. The seller shall remedy the defect within a reasonable time without causing significant inconvenience to the buyer, considering the nature and purpose of the item. The seller shall take the item at their expense. If dismantling is required, the seller shall perform dismantling and reassembly of the repaired or new item or cover the related costs.

7.14. The buyer may request a reasonable discount or withdraw from the contract if:

7.14.1. the seller refused or failed to remedy the defect in accordance with Article 7.13;

7.14.2. the defect recurs;

7.14.3. the defect constitutes a material breach of contract; or

7.14.4. it is evident that the defect will not be remedied in a reasonable time or without significant difficulty for the buyer.

7.15. If the defect is insignificant, the buyer may not withdraw from the contract; a defect is presumed significant. If the buyer withdraws, the seller shall refund the purchase price without undue delay after receiving the item or proof of dispatch.

7.16. A defect may be claimed from the seller from whom the item was purchased. If another designated person is responsible for the repair, the defect shall be claimed from that person.

7.17. Except when another person is designated for repair, the seller must accept complaints at any location where complaint acceptance is feasible, including their registered office. The seller must issue a written confirmation to the buyer stating the complaint date, content, requested resolution method, and contact details. This applies to others designated for repair as well.

7.18. Complaints, including defect remedy, must be resolved and the buyer informed no later than 30 days from complaint submission unless a longer period is agreed. For digital content or services, complaints must be resolved within a reasonable time considering the nature and purpose of the content or service.

7.19. If the period under Article 7.18 lapses without resolution, the buyer may withdraw or request a reasonable discount.

7.20. The seller must provide confirmation of complaint handling date and method, repair confirmation, and duration or written rejection justification. This applies to others designated for repair as well.

7.21. Rights from liability for defects can be exercised in person at Scootering s.r.o., Zdeňka Fibicha 1210, 757 01 Valašské Meziříčí, by phone at +420 774 333 283, or via email at reklamace@scootering.cz.

7.22. Whoever has a right from defective performance is entitled to reimbursement of costs reasonably incurred in exercising this right. If the buyer fails to claim within one month after the defect notification period, the court may deny the claim if the seller argues untimely exercise.

7.23. Additional rights and obligations regarding seller liability may be set out in the seller’s complaint policy.

7.24. The seller or another person may provide the buyer with a warranty beyond statutory rights.

8. ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

8.1. The buyer acquires ownership of the goods upon payment of the full purchase price.

8.2. The seller is not bound to the buyer by any codes of conduct within the meaning of Section 1820(1)(n) of the Civil Code.

8.3. Handling consumer complaints is ensured by the seller via email. Complaints can be sent to the seller’s electronic address. The seller will inform the buyer of the complaint resolution via the buyer’s electronic address. No other rules for handling complaints are established by the seller.

8.4. For out-of-court resolution of consumer disputes arising from the purchase contract, the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, website: https://adr.coi.cz/cs, is competent. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer under the purchase contract.

8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulations (EC) No. 2006/2004 and Directive 2009/22/EC.

8.6. The buyer may also contact supervisory or regulatory authorities with a complaint. The seller is authorized to sell goods based on a trade license. Trade inspections are conducted by the competent trade office. Supervision over personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended, within its defined scope.

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

9. PERSONAL DATA PROTECTION

9.1. The seller fulfills its information duty towards the buyer under Article 13 of Regulation (EU) 2016/679 of the European Parliament and Council (GDPR) concerning the processing of personal data of the buyer for the purposes of performing the purchase contract, negotiating the purchase contract, and fulfilling public-law obligations of the seller through a separate document.

10. SENDING COMMERCIAL MESSAGES AND COOKIE STORAGE

10.1. The buyer consents, pursuant to Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services, as amended, to the sending of commercial messages by the seller to the buyer’s email address or phone number. The seller fulfills its information duty under Article 13 of the GDPR regarding personal data processing for sending commercial messages through a separate document.

10.2. The seller fulfills its legal obligations regarding potential cookie storage on the buyer’s device through a separate document.

11. DELIVERY

11.1. Delivery may be made to the buyer’s electronic address.

12. FINAL PROVISIONS

12.1. If the relationship under the purchase contract has an international (foreign) element, the parties agree that it shall be governed by Czech law. The choice of law does not deprive a consumer buyer of protection provided by mandatory provisions from which no contractual deviation is allowed, which would otherwise apply under Article 6(1) of Regulation (EC) No. 593/2008 (Rome I) in the absence of choice of law.

12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.

12.3. The purchase contract, including the Terms and Conditions, is archived by the seller electronically and is not publicly accessible.

12.4. The appendix to the Terms and Conditions consists of a model withdrawal form from the purchase contract.

12.5. Seller’s contact details: registered office Scootering s.r.o., Zdeňka Fibicha 1210, 757 01 Valašské Meziříčí, email info@scootering.cz, phone +420 774 380 333. The seller does not provide any other means of online communication.

These terms and conditions are effective from 6.1.2023.