Všeobecné obchodní podmínky

General terms and conditions

business company
KOALA ELEKTRONIK s.r.o.
with its registered office at Firmní 709/4, 619 00 Brno
identification number: 60746149
registered in the Commercial Register kept by the Regional Court in Brno, Section C, File 18806
tel.: (+420) 539 050 630, email: info@koala.cz

for the sale of goods through the online store located at the internet address www.koala.cz

I. Introductory provisions
1.1. These business terms and conditions, issued pursuant to the provisions of Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter also referred to as the “Civil Code”), govern the mutual rights and obligations of KOALA ELEKTRONIK s.r.o. with its registered office at Firemní 709/4, 619 00 Brno, Company ID: 60746149 (hereinafter also referred to as the “Seller”) and a natural person who concludes a purchase contract outside of his business activity as a consumer, or within his business activity (hereinafter also referred to as the “Buyer”) via the web interface located on the website at www.koala.cz (hereinafter also referred to as the “Online Store”). The Buyer, who is not a consumer, is an entrepreneur. This Buyer is governed by the General Terms and Conditions to the extent that they concern him, i.e. in this case it is not a consumer contract and the provisions on consumer protection under legal regulations and these General Terms and Conditions do not apply to him.

1.2. Provisions deviating from the General Terms and Conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the General Terms and Conditions.

1.3. The provisions of the General Terms and Conditions are an integral part of the purchase contract.

1.4. The Seller may amend or supplement the text of the General Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the General Terms and Conditions.

II. Ordering goods and concluding a contract
2.1. All presentation of goods placed in the online store catalog is of an informative nature and the Seller is not obliged to conclude a purchase contract regarding these goods. The presentation of goods is not an offer within the meaning of Section 1732, paragraph 2, of the Civil Code.

2.2. The Buyer agrees to the use of distance communication means when concluding a purchase contract. The costs incurred by the Buyer when using distance communication means in connection with concluding a purchase contract (costs of Internet connection, costs of telephone calls) are paid by the Buyer himself, and these costs do not differ from the basic rate.

2.3. The buyer orders the goods by selecting the goods (inserting them into the electronic shopping cart of the web interface of the online store), choosing the number of pieces of goods, the method of payment for the purchase price of the goods, information about the desired method of delivery of the goods and information about the costs associated with the delivery of the goods. The buyer does this either through his customer account after prior registration, or simply by filling out the order form without registration. Before sending the order, the buyer can check all the data entered by him and change them if necessary. The buyer sends the order to the seller by clicking on the "SEND ORDER" button.

2.4. The data specified in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer's confirmation that he has read these general terms and conditions.

2.5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is automatic and is not considered to be the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded only after the seller has accepted the order. The notification of acceptance of the order is delivered to the buyer's e-mail address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is considered to be the conclusion of the contract. The seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded by the seller's confirmation of the order to the buyer's e-mail address.

From the moment the contract is concluded, mutual rights and obligations arise between the seller and the buyer, which are defined by the purchase contract and these general terms and conditions, which are an integral part of it.

2.6. If the seller cannot meet any of the requirements specified in the order, he will send the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his e-mail address eshop@koala.cz.

2.7. All orders accepted by the seller are binding. The buyer may cancel the order until the buyer receives a notification of acceptance of the order from the seller. The buyer may cancel the order by phone at +420 539 050 641 or by e-mail to the seller at eshop@koala.cz.

2.8. The Seller is entitled to request additional confirmation of the order from the Buyer in connection with the nature of the order (quantity of goods, price, estimated shipping costs).

2.9. In the event that there was an obvious technical error on the Seller's part when indicating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this obviously incorrect price, even if the Buyer has been sent an automatic confirmation of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to his e-mail address. The amended offer shall be considered a new draft of the purchase contract and the purchase contract shall in such case be concluded by confirmation of acceptance by the Buyer to the Seller's e-mail address.

2.10. Orders for goods marked as non-standard or Non-Cancelable Non-Returnable (hereinafter referred to as “NCNR”), are irrevocable and non-refundable after their acceptance. The Seller may mark the products as non-standard or “NCNR” in various forms, including such a marking in the price offer, on product lists or in attachments.

III. User account
3.1. Based on the Buyer’s registration on the website of the online store, the Buyer may access his/her user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as “user account”).

3.2. When registering on the website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data provided in the user account in the event of any change. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.

3.3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

3.4. The Buyer is not entitled to allow the use of the user account by third parties.

3.5. The Seller may cancel the user account, in particular if the Buyer does not use his user account for more than 12 months, or if the Buyer breaches his obligations under the purchase contract (including the general terms and conditions).

3.6. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.

IV. Price of goods and payment terms
4.1. The buyer can pay the price of the goods and any other costs associated with the delivery of the goods under the purchase contract to the seller in the following ways:

in cash or by credit card at the premises at Firmní 709/4, 619 00 Brno
by bank transfer to the seller's bank account No. 216097964 / 0300 held at Československá obchodní banka, a.s.
by bank transfer by credit card
by bank transfer to the seller's account via a payment gateway
by cash on delivery (or by credit card) upon delivery of the goods at the location specified by the buyer in the order
4.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods (shipping fee) in the agreed amount. Unless otherwise expressly stated, the purchase price also includes the costs associated with the delivery of the goods.

4.3. The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4.6 of the General Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within three (3) days of concluding the purchase contract. In the case of payment via a payment gateway, the Buyer shall proceed according to the instructions of the relevant electronic payment provider.

4.5. In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.

4.6. The Seller is entitled, in particular if the Buyer does not provide additional confirmation of the order (Article 2.8.), to demand payment of the entire purchase price before the goods are sent to the Buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined with each other.

4.8. If this is customary in business transactions or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer regarding payments made on the basis of the purchase contract. The Seller is a payer of value added tax. The tax document is sent by email to the Buyer's address within 2 business days after the goods are dispatched. The Seller is obliged to register the received sales with the tax administrator online, in the event of a technical failure then no later than within 48 hours.

4.9 Slovakia: In the case of cashless payment by credit card, the price of the goods is charged including VAT. The buyer shall claim the VAT refund according to local customs.

V. Transport and delivery of goods
5.1. The goods are delivered to the buyer:

to the address specified by the buyer in the order,
through the delivery office to the delivery office address specified by the buyer,
by personal collection at the seller's premises.
5.2. The choice of the delivery method is made during the process of ordering the goods (see 2.3. above).

5.3 The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's order confirmation. In the event that the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

5.4. If the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the buyer's side, the goods must be delivered repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

5.5. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.

5.6 The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods.

5.7. Liability for accidental destruction, damage or loss of goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but did not do so in violation of the purchase contract.

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

VI. Withdrawal from the contract
6.1. The buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract. The Buyer also acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the supply of goods that have been modified according to the wishes of the Buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in a sealed package that the Consumer has removed from the package and cannot be returned for hygiene reasons, and from a purchase contract for the supply of an audio or video recording or a computer program if the original packaging has been broken (the Consumer is not entitled, pursuant to Section 1838(d) of the Civil Code, to withdraw from a purchase contract concluded for goods marked by the Seller as NCNR in accordance with No. 2, Paragraph 2.10 of these Terms and Conditions).

6.2. Unless it is the case specified in Article 6.1. above, or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. If the subject of the contract is a regular repeated delivery, from the date of receipt of the first delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which is an annex to the terms and conditions. The buyer can send the withdrawal from the purchase contract, among others, to the address of the seller's business premises or to the seller's e-mail address eshop@koala.cz.

6.3. In the event of withdrawal from the purchase contract pursuant to Article 6.2 of the General Terms and Conditions, the purchase contract shall be cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract to the Seller. If the Buyer withdraws from the purchase contract, the Buyer shall bear the costs associated with returning the goods to the Seller, even in the event that the goods cannot be returned by normal postal service due to their nature.

6.4. In the event of withdrawal from the contract pursuant to Article 6.2 of the General Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the purchase contract by the Buyer, in the same manner in which the Seller received them from the Buyer. The amount refunded upon withdrawal from the contract shall also include the costs of delivering the goods to the Buyer, but only the cheapest option that the Buyer could have chosen at the time of ordering. Free personal collection is not included. The Seller is also entitled to return the performance provided by the Buyer when the Buyer returns the goods or in another way, if the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods were sent to the Seller.

6.5. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation for the damage incurred by the Buyer. The Seller shall be entitled to unilaterally offset the claim for compensation for damage incurred to the goods against the Buyer's claim for refund of the purchase price.

6.6. Until the Buyer takes over the goods, the Seller shall be entitled to withdraw from the purchase contract at any time. In such a case, the Seller shall refund the purchase price to the Buyer without undue delay, by bank transfer to the account designated by the Buyer.

6.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller along with the goods.

Withdrawal from the contract - sample form (docx, 13 kB)
VII. Complaints and product warranty
The warranty conditions, conflict with the purchase agreement and the complaint process, the exercise of rights from liability for defects are regulated in detail in the complaints procedure.

Complaints procedure

VIII. Delivery
8.1. The contracting parties may deliver all written correspondence to each other via electronic mail.

8.2. The buyer delivers correspondence to the seller to the e-mail address specified in his user account or order.

IX. Out-of-court dispute resolution
9.1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for out-of-court resolution of consumer disputes arising from a purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from a purchase contract.

9.2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant 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 the resolution of consumer disputes on-line).

9.3. The seller is authorized to sell goods on the basis of a trade license. Trade license control is carried out within its scope by the relevant trade license office. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection.

X. Personal data
10.1. Information on the protection of personal data can be found in a separate document:

Personal Data Protection Principles

XI. Final Provisions
11.1. All agreements between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.

11.2. If any provision of the general terms and conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

11.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

11.4. The appendix to the terms and conditions consists of a sample form for withdrawal from the purchase contract.

These general terms and conditions shall enter into force on April 1, 2025