TERMS AND CONDITIONS
of Rotorama, s.r.o., with its registered office at Okrajová 1351, 674 01 Třebíč, Czech Republic, Company ID (IČ): 051 57 692, for the sale of goods through the online shop located at the web address www.rotorama.com
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter the “Terms and Conditions”) of the company Rotorama, s.r.o., with its registered office at Okrajová 1351, 674 01 Třebíč, Czech Republic, Company ID (IČ): 051 57 692 (hereinafter the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on the website located at the web address www.rotorama.com or at similar web addresses according to the national TLD domain (hereinafter the “Website”), through the Website interface (hereinafter the “Shop Web Interface”).
1.2. All contractual relationships are concluded in accordance with the legal order of the Czech Republic.
1.3. The Terms and Conditions do not apply in cases where the person intending to purchase goods from the Seller is a legal entity or a person acting, when ordering goods, in the course of their business activity or independent profession.
1.4. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Deviating arrangements in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
1.5. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.
1.6. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.
1.7. All information contained on these pages, including the design, texts, product images and other components forming the website of the online shop www.rotorama.com, is the intellectual property of the operator and is protected by copyright. The content of these pages may not be copied, further distributed or otherwise processed, except for acts related to the process of purchasing goods. The Buyer undertakes not to perform any activity that could enable the Buyer or third parties to interfere with or use without authorisation the software or other components forming the Shop Web Interface.
2. USER ACCOUNT
2.1. Based on the Buyer’s registration on the Website, the Buyer may access their user interface. From their user interface, the Buyer may order goods (hereinafter the “User Account”). If the Shop Web Interface allows it, the Buyer may also order goods without registration directly from the Shop Web Interface.
2.2. 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 stated in the User Account whenever it changes. The data provided by the Buyer in the User Account and when ordering goods are 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 confidentiality regarding the information necessary to access their User Account.
2.4. The Buyer is not entitled 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 2 years, or if the Buyer breaches their obligations under the Purchase Contract (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller’s hardware and software, or necessary maintenance of the hardware and software of third parties.
3. INFORMATION PROVIDED BEFORE CONCLUDING THE PURCHASE CONTRACT
3.1. Rotorama.com, as the Seller, states that the subject of the purchase are individual components and, should the Buyer be interested in an assembly service, this is an additional service provided by the Seller to the Buyer.
3.2. Rotorama.com, as the Seller, states in accordance with Section 1820 of the Civil Code that:
4. CONCLUSION OF THE PURCHASE CONTRACT
4.1. All presentation of goods placed in the Shop Web Interface is for information purposes only and the Seller is not obliged to conclude a Purchase Contract regarding such goods. Section 1732(2) of the Civil Code does not apply.
4.2. The Shop Web Interface contains information about the goods, including the prices of individual goods and the costs of returning goods if, by their nature, the goods cannot be returned by regular post. Prices of goods are stated including value added tax and all related fees. Prices of goods remain valid for as long as they are displayed in the Shop Web Interface. This provision does not limit the Seller’s ability to conclude a Purchase Contract under individually agreed terms.
4.3. The Shop Web Interface also contains information about the costs associated with packaging and delivery of the goods. The information on packaging and delivery costs stated in the Shop Web Interface varies according to the country of destination.
4.4. To order goods, the Buyer fills in the order form in the Shop Web Interface. The order form contains in particular information about:
A valid Order requires that all mandatory data and particulars stated in the order form are filled in. Without completing the Order in full, the system will not allow the Buyer to complete and submit such Order.
By concluding the Purchase Contract, the Buyer confirms that they have read these Terms and Conditions and agree with them. The Buyer is sufficiently made aware of these Terms and Conditions before placing the Order and has the opportunity to read them.
4.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered in the Order, including the possibility to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking the “Complete order” button. The data stated in the Order are considered correct by the Seller. Immediately after receiving the Order, the Seller will confirm its receipt to the Buyer by e-mail, to the Buyer’s e-mail address stated in the User Account or in the Order (hereinafter the “Buyer’s E-mail Address”).
4.6. Depending on the nature of the Order (quantity of goods, amount of the purchase price, expected shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example in writing or by telephone).
4.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order, which the Seller sends to the Buyer by e-mail to the Buyer’s E-mail Address.
4.8. The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Contract, in particular with persons who have previously materially breached a Purchase Contract (including the Terms and Conditions).
4.9. The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract, as described above in Article 3. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) are borne by the Buyer, and these costs do not differ from the basic rate.
5. PRICE OF GOODS AND PAYMENT TERMS
5.1. The Buyer may pay the price of the goods and any costs associated with delivery of the goods under the Purchase Contract to the Seller in the following ways:
5.2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.
5.3. The Seller does not require a deposit or any similar payment from the Buyer. This does not affect the provision of Article 5.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
5.4. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of conclusion of the Purchase Contract.
5.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol (payment reference) of the payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.
5.6. The Seller is entitled, in particular if the Buyer fails to provide additional confirmation of the Order (Article 4.6), to require payment of the full purchase price before dispatching the goods to the Buyer. Section 2119(1) of the Civil Code does not apply.
5.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
5.8. If customary in business relations or required by generally binding legal regulations, the Seller will issue the Buyer a tax document – invoice – for payments made under the Purchase Contract. The Seller is a VAT payer. The Seller will issue the tax document – invoice – to the Buyer after payment of the price of the goods and will send it electronically to the Buyer’s E-mail Address.
6. WITHDRAWAL FROM THE PURCHASE CONTRACT AND RETURN OF GOODS
6.1. A Buyer who is a consumer and has concluded a contract with the Seller by means of distance communication (in the online shop www.rotorama.com) has, in accordance with Section 1829(1) of the Civil Code, the right to withdraw from the contract without giving any reason within fourteen (14) days of:
The above provision does not apply to other Buyers!
The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Contract for the supply of goods that have been modified according to the Buyer’s wishes or for the Buyer personally, which also includes assembly from a complete kit at the Buyer’s request as an additional service of the Seller, as described in more detail in Article 3.1, and further from a Purchase Contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from a Purchase Contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons, and from a Purchase Contract for the supply of an audio or video recording or computer program if the original packaging has been broken.
6.2. The withdrawal from the Purchase Contract must be sent to the Seller within the period stated in Article 6.1. The Buyer may use the online form provided by the Seller to withdraw from the Purchase Contract. The Buyer may send the withdrawal from the Purchase Contract, among other things, to the address of the Seller’s business premises or to the Seller’s e-mail address vratky@rotorama.cz.
6.3. In the event of withdrawal from the Purchase Contract, the Purchase Contract is cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by regular post due to their nature; goods cannot be sent back cash on delivery.
6.4. The Buyer must return the goods complete, with full documentation, undamaged, in the original packaging, and in the condition and value in which the Buyer received them. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or removed from a sealed protective packaging, the Seller is entitled to compensation from the Buyer for the damage thus caused. The Seller is entitled to unilaterally set off the claim for compensation for the damage against the Buyer’s claim for a refund of the purchase price.
6.5. In the event of withdrawal from the contract pursuant to Articles 6.1 and 6.2 of the Terms and Conditions, the Seller will return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Contract, in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the payment provided by the Buyer upon the return of the goods by the Buyer or in another manner, if the Buyer agrees 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 have been sent to the Seller.
6.6. In cases where the Buyer has the right to withdraw from the Purchase Contract pursuant to Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the goods are received by the Buyer. In such a case, the Seller will refund the purchase price to the Buyer without undue delay, by bank transfer to the account designated by the Buyer. The Buyer is entitled to a refund of shipping costs only in the amount of the cheapest shipping option offered (if the Buyer chose a more expensive shipping method).
6.7. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded subject to a condition subsequent that if the Buyer withdraws from the Purchase Contract, the gift contract regarding such gift ceases to be effective and the Buyer is obliged to return the gift to the Seller together with the goods. If the gifts are not returned, this will be considered unjust enrichment of the Buyer. If the return of the subject of unjust enrichment is not reasonably possible, the Seller is entitled to monetary compensation in the amount of the usual price of the gifts.
6.8. The Buyer cannot withdraw from the contract if:
7. TRANSPORT AND DELIVERY OF GOODS
7.1. If the goods are sent to the Buyer, the place of delivery of the goods is the address specified by the Buyer in the Order. If the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
7.2. If, under the Purchase Contract, 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.
7.3. If, 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 pay the costs associated with the repeated delivery of the goods, or the costs associated with the other method of delivery.
7.4. 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, to notify the carrier immediately. If the packaging is found to be damaged in a way indicating unauthorised entry into the shipment, the Buyer does not have to accept the shipment from the carrier.
7.5. Further rights and obligations of the parties during the transport of goods may be governed by the Seller’s special delivery terms, if issued by the Seller.
7.6. Estimated delivery times are stated on the Shipping and Payment page and are also communicated to the Buyer during the checkout process when creating the Order. These times are indicative only, are based on the usual delivery times stated by the individual carriers, and are not guaranteed by the Seller. The actual delivery time may be longer, in particular due to carrier workload, public holidays, adverse weather or other circumstances beyond the Seller’s control. Exceeding the estimated delivery time does not constitute a breach of the Seller’s obligations and does not in itself entitle the Buyer to a discount, reimbursement of costs or withdrawal from the contract. This does not affect the rights granted to the Buyer by law in the event of the Seller’s delay in delivering the goods.
8. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
8.1. Before unpacking and assembling the goods, we strongly recommend studying the warranty terms and any instructions for unpacking and assembly, and strictly following this information. Otherwise, the Buyer runs the risk of damaging the item through improper handling or assembly and will not be able to claim the resulting defect under the rights arising from liability for defects.
8.2. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
8.3. The Seller is liable to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer received the goods:
8.4. The provisions of Article 8.3 of the Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear that the goods had when received by the Buyer, or if this results from the nature of the goods.
8.5. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective upon receipt. The Buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt.
8.6. The Buyer exercises rights arising from defective performance with the Seller at the address of the Seller’s business premises where acceptance of the claim is possible with regard to the range of goods sold, or also at the registered office or place of business.
8.7. Further rights and obligations of the parties related to the Seller’s liability for defects may be governed by the Seller’s complaints procedure.
9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
9.1. The Buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
9.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
9.3. Consumer complaints are handled by the Seller via the e-mail address info@rotorama.cz. The Seller will send information on the handling of the Buyer’s complaint to the Buyer’s E-mail Address.
9.4. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID (IČ): 000 20 869, web address: http://www.coi.cz. is competent for out-of-court resolution of consumer disputes arising from the Purchase Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from the Purchase Contract.
9.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, web 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 consumer ODR).
9.6. The Seller is authorised to sell goods on the basis of a trade licence. Trade inspection is carried out within its competence by the relevant Trade Licensing Office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, to a defined extent, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
9.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
10. PERSONAL DATA PROTECTION
10.1. The protection of personal data of a Buyer who is a natural person is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
10.2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address and telephone number (hereinafter jointly the “Personal Data”).
10.3. The Buyer agrees to the processing of Personal Data by the Seller for the purposes of exercising the rights and obligations under the Purchase Contract. Consent to the processing of Personal Data in its entirety under this Article is not a condition that would in itself prevent the conclusion of the Purchase Contract.
10.4. The Buyer acknowledges that they are obliged to provide their Personal Data (during registration, in their User Account, when ordering from the Shop Web Interface) correctly and truthfully and that they are obliged to inform the Seller without undue delay of any change in their Personal Data.
10.5. The Seller may entrust the processing of the Buyer’s Personal Data to a third party as a processor. Apart from persons transporting the goods, Personal Data will not be passed on by the Seller to third parties without the Buyer’s prior consent.
10.6. Personal Data will be processed for an indefinite period. Personal Data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
10.7. The Buyer confirms that the Personal Data provided are accurate and that they have been informed that the provision of Personal Data is voluntary.
10.8. If the Buyer believes that the Seller or the processor (Article 10.5) is processing their Personal Data in a manner that is contrary to the protection of the Buyer’s private and personal life or contrary to the law, in particular if the Personal Data are inaccurate with regard to the purpose of their processing, the Buyer may:
10.9. If the Buyer requests information on the processing of their Personal Data, the Seller is obliged to provide this information. The Seller is entitled to request reasonable compensation for providing the information under the previous sentence, not exceeding the costs necessary to provide the information.
10.10. The Seller is registered with the Office for Personal Data Protection, registration number: 00068107
11. SENDING OF COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES
11.1. The Buyer may give consent to the sending of information related to the goods, services or business of the Seller to the Buyer’s E-mail Address and further agrees to the sending of commercial communications by the Seller to the Buyer’s E-mail Address. This consent is not required for the conclusion of the Purchase Contract.
11.2. The Buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the Website and fulfil the Seller’s obligations under the Purchase Contract without storing cookies on the Buyer’s computer, the Buyer may withdraw the consent under the previous sentence at any time.
12. DELIVERY OF DOCUMENTS
12.1. Documents may be delivered to the Buyer at the Buyer’s E-mail Address.
13. TAKE-BACK OF ELECTRICAL EQUIPMENT
13.1. Through its contractual partner ASEKOL a.s., the company ensures the take-back of electrical equipment from households and the separate collection of electrical waste, batteries and accumulators in accordance with the relevant legal regulations. The customer is entitled to hand over old electrical equipment or a battery or accumulator at any collection point of the above-mentioned contractual partner. The addresses of these collection points are listed on the websites www.asekol.cz, www.ecobat.cz and also https://visoh2.mzp.cz/RegistrMistZO/RegistrMistZOPublic/MapaMistZpetOdberu.
13.2. The customer is further entitled to return electrical equipment, electrical waste, batteries or accumulators at other collection points designated for the collection of such waste.
13.3. The customer acknowledges that electrical equipment, electrical waste, batteries and accumulators must not be disposed of together with mixed waste, but must be deposited at designated places, i.e. at collection yards or their take-back points, e.g. at the places listed above. These devices and waste will be further used for the production of new equipment. Hazardous and harmful substances from these devices and waste may damage the environment or human health. More information on handling electrical equipment, as well as the meaning of the graphic symbol for marking electrical equipment for the purposes of its take-back and separate collection of electrical waste, can be found on the above-mentioned websites.
14. FINAL PROVISIONS
14.1. The risk of damage to the goods passes to the Buyer at the moment of receipt of the goods. The same consequence applies if the Buyer does not take over the goods even though the Seller has enabled the Buyer to dispose of them. If the Seller hands over the goods to a carrier for transport to the Buyer at the place specified in the Purchase Contract, the risk of damage passes to the Buyer upon handover of the goods to the carrier at that place and, if no place was agreed, upon handover to the first carrier for transport to the place of destination. Damage to the goods occurring after the risk of damage has passed to the Buyer does not affect the Buyer’s obligation to pay the purchase price, unless the Seller caused the damage by breaching any of its obligations.
14.2. The Buyer acknowledges that for goods requiring assembly, a defect caused by incorrect assembly or other unprofessional intervention is not a defect of the goods, and the negative consequences of unprofessional installation or assembly of the goods are borne by the Buyer.
14.3. If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of the consumer arising from generally binding legal regulations.
14.4. If any provision of the Terms and Conditions is or becomes invalid or ineffective, it shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
14.5. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
14.6. Seller’s contact details: address for delivery and all correspondence: Rotorama, s.r.o., Türkova 828/20, 149 00 Prague 4, Czech Republic
These Terms and Conditions come into effect on 1 January 2025.
