Terms and Conditions for Online Orders of Motor Vehicles

company

Louda Auto a.s.
with registered office at No. 166, 290 01 Choťánky
Company ID: 46358714
Tax ID: CZ699002678
registered at the Municipal Court in Prague, section B, insert 19975
(hereinafter referred to as "Company")

INTRODUCTORY INFORMATION

These terms and conditions (hereinafter referred to as "Terms and Conditions") of the Company (hereinafter referred to as "Seller" or "Louda Auto") govern the mutual rights and obligations of the contracting parties arising in connection with the ordering of a motor vehicle and other offered services (hereinafter referred to as "vehicle" or "goods") and the subsequent conclusion of a purchase contract and possibly other contracts related to the purchase contract, or concluded in connection with the purchase contract, which are concluded between the Seller and another natural or legal person (hereinafter referred to as "Buyer" or "Customer") through the Seller's online store. The online store is operated by the Seller on the website located at www.autolouda.cz (hereinafter referred to as "Website"), through the interface of the website (hereinafter referred to as "Store Interface").

The wording of the Terms and Conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the validity of the previous wording of the Terms and Conditions.

These Terms and Conditions do not apply to cases of contractual relationships between the Customer and a third party, in which Louda Auto acts as an intermediary (e.g., financial services, insurance).

USER ACCOUNT

Based on the registration of the Buyer made 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 "User Account"). Upon registration, the Seller requires the Buyer to provide the following information: first name, last name, email address.

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 provided in the User Account whenever it changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

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.

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

The Seller may cancel the User Account, especially in cases where the Buyer has not used their User Account for a long time, or if the Buyer violates their obligations from the purchase contract (including the Terms and Conditions).

The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of the hardware and software of third parties.

RESERVATION FEE

One of the conditions for successfully ordering goods is the obligation of the Buyer to pay a reservation fee in the amount specified in the order form (hereinafter referred to as "Reservation Fee"). The Reservation Fee is paid exclusively cashless, via the payment gateway on the Website.

If, for any reason, there is an erroneous deduction of funds from the Buyer's account, the Buyer is entitled to dispute the payment via the Seller's email. In the complaint, the Buyer is obliged to state specific reasons for the complaint. The Seller will resolve the complaint within 30 days of receipt of the complaint.

The Seller will return the paid reservation fee to the Buyer in the following cases: if the purchase contract is not concluded; if the Buyer fails to meet the conditions for obtaining a loan when choosing to pay by loan.

If the purchase contract is concluded and the Buyer subsequently does not pay the full purchase price within 7 working days from the payment of the Reservation Fee, the reservation fee will not be refunded to the Buyer.

PRICE OF GOODS AND PAYMENT TERMS

The purchase price and any other related fees and costs associated with the delivery of goods (unless stated otherwise, hereinafter collectively referred to as "Purchase Price") can be paid by the Buyer to the Seller in the following ways: cashless transfer to the Seller's account specified on the Website, or through a loan provided by a third party.

In addition to the purchase price, the Seller requires the Buyer to pay a reservation fee in the agreed amount (see separate article). This does not affect the provision of the Terms and Conditions regarding the obligation to pay the Purchase Price in advance.

The Seller is entitled to require the payment of the entire Purchase Price before the delivery of the goods to the Buyer. The provision of § 2119 paragraph 1 of the Civil Code shall not apply.

The Seller will issue an invoice to the Buyer regarding payments made based on the purchase contract. The Seller is a VAT payer. The tax document – invoice will be issued by the Seller to the Buyer after the price of the goods is paid and sent electronically to the email address of the Buyer, or the tax document – invoice will be available for download in the User Account.

CONCLUSION OF THE PURCHASE CONTRACT

The Store Interface contains information about the goods, including the prices of individual goods and related fees. The prices of goods are stated including value-added tax.

The Store Interface also contains information about the costs associated with the delivery of goods and the method and time of delivery of goods. The information about the costs associated with the delivery of goods stated in the Store Interface applies in cases where the goods are delivered within the territory of the Czech Republic.

To order goods, the Buyer fills out the order form in the Store Interface. As part of ordering goods, the Buyer is obliged to pay the Reservation Fee.

Before sending the order to the Seller, the Buyer is allowed to check and change the input data that they entered into the Order, including the possibility for the Buyer to identify and correct errors that occurred when entering data into the Order. The Buyer sends the order to the Seller by clicking the "Sign Contract" button. The data provided in the Order is considered correct by the Seller. The Seller will promptly confirm receipt of the Order to the Buyer via email, to the email address provided by the Buyer in the User Account or in the Order (hereinafter referred to as "Buyer's Email Address").

After receiving the Order, a purchase contract and related documents, especially a protocol on the technical condition of the vehicle, will be generated in the User Account in the Store Interface. The documents will be available for download in the User Account after generation.

After the purchase contract and related documents are generated, the Buyer has one hour to decide whether to purchase the vehicle or not.

The Seller requires the signature of all generated documents from the Buyer in electronic form. If the Buyer does not sign the purchase contract and related documents within 5 working days, the Order will be canceled.

The Buyer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the purchase contract (costs for internet connection, costs for phone calls) are borne by the Buyer.

The purchase contract is considered concluded at the moment when its wording signed by the Buyer through the above-mentioned means comes into the Seller's sphere of disposal.

PROVISION OF SERVICES BY THIRD PARTIES

FINANCING

If the Buyer decides to pay the purchase price or part of it through a loan offered by the Seller before concluding the purchase contract and meets all the conditions for obtaining financing, i.e., the financial service provider cooperating with the Seller agrees to provide the selected financial service (loan) according to the conditions of the provider of this financial service and according to the parameters provided by the Buyer during the approval process for the provision of the loan to the Buyer, then the Buyer may, if they decide to conclude the purchase contract, pay the purchase price reduced by any down payment from their own funds, through the agreed financial service (usually a loan). In this case, the Buyer will conclude the relevant contractual documents (especially the loan agreement, including applicable contractual conditions) with the financial service provider according to the conditions and instructions of this provider.

The relevant financing agreement will be concluded by the Buyer with the financial service provider always before taking over the vehicle. The Seller is not a party to this contractual relationship in this case (External Financing).

If the Buyer wishes to choose a different financial service provider than the one offered by the Seller, this will be done according to a separate agreement with the Seller, who is entitled not to accept such a method of external financing of the vehicle.

If the Buyer, as a consumer, exercises their right to withdraw from the concluded loan agreement within 14 days of its conclusion, they must either also withdraw from the purchase contract with the Seller or it will be necessary to agree with the Seller on another method of payment for the purchase price of the vehicle. The withdrawal from the concluded loan agreement does not affect the validity of the concluded purchase contract.

INSURANCE

Every vehicle that the Buyer takes over and is capable of being operated in the Czech Republic must have liability insurance for the operation of motor vehicles in accordance with Act No. 168/1999 Coll., on liability insurance for damage caused by the operation of vehicles and on the amendment of certain related laws (Mandatory Insurance). If the Buyer expresses interest in arranging Mandatory Insurance in the order form in the Store Interface, the Seller will facilitate the conclusion of the relevant insurance contract for the Buyer, through an insurer cooperating with the Seller. For this, the Buyer will provide the Seller with the necessary information for facilitating the conclusion of Mandatory Insurance. The conditions of Mandatory Insurance are governed by the relevant conditions of the insurer.

If the Buyer is interested, they can also arrange for the conclusion of an insurance contract for damage to the vehicle (Comprehensive Insurance) according to the current offer of the Seller. If the Buyer expresses interest in arranging Comprehensive Insurance in the order form in the Store Interface, the Seller will facilitate the conclusion of the relevant insurance contract for the Buyer, through an insurer cooperating with the Seller. For this, the Buyer will provide the Seller with the necessary information for facilitating the conclusion of Comprehensive Insurance. The conditions of Comprehensive Insurance are governed by the relevant conditions of the insurer. The premiums for Mandatory Insurance and Comprehensive Insurance will be paid by the Buyer according to the contractual conditions of the relevant insurance contract.

In neither of the insurance services – Mandatory Insurance or Comprehensive Insurance, is the Seller a party to the concluded contractual relationship. Detailed legal information regarding individual insurances will be provided by the Seller to the Buyer always after expressing interest in these services.

WITHDRAWAL FROM THE PURCHASE CONTRACT – THE FOLLOWING PROVISIONS APPLY ONLY TO BUYERS IN THE POSITION OF CONSUMERS

The Buyer is entitled to withdraw from the purchase contract within 14 days of taking over the vehicle, or signing the takeover protocol. The Buyer acknowledges that the withdrawal period serves according to applicable (including European) legal regulations solely for the Buyer to physically familiarize themselves with the vehicle and its driving characteristics, as the purchase contract was concluded adhesively outside the Seller's business premises. Such familiarization should be to the same extent as if the purchase contract were concluded in the Seller's business premises. For this reason, the Buyer is entitled to drive the vehicle for a maximum of 100 km until the statutory withdrawal period expires.

Until the expiration of this statutory withdrawal period, the Buyer is not entitled to make any repairs or modifications, changes, or adaptations to the vehicle; otherwise, the Buyer loses the right to withdraw from the purchase contract. The Buyer also does not have the right to withdraw from the purchase contract if the vehicle has any defect arising from improper operation, or service or other intervention, or in direct connection with such intervention, or the use of unsuitable fluids (e.g., oil, fuel).

On the Website, the Buyer can electronically fill out and send a form for withdrawal from the purchase contract or in any other unequivocal statement. If the form is used, the Seller will promptly send confirmation of receipt of this withdrawal notice. In the case of withdrawal by the Buyer, the purchase contract will be canceled ex tunc, and the Buyer will be obliged to return the vehicle to the Seller no later than 7 days from the withdrawal, including Documentation, at their own expense, to the nearest branch of the Seller (the list of Seller's branches is provided on the Website), under the conditions specified below. In the case of justified withdrawal, the Seller will subsequently return the purchase price paid by the Buyer, possibly reduced by fees and costs as specified below.

Immediately after the return of the vehicle, the Seller will inspect the vehicle and may deduct from the purchase price that they are obliged to return to the Buyer the amount necessary to return the vehicle to the condition it was in at the time of delivery, including: a fee for use of 0.01% of the purchase price of the vehicle for each additional kilometer if the vehicle has been driven more than 100 kilometers from the time of its takeover by the Buyer to its return to the Seller; compensation for damage corresponding to the costs of repairing any damage to the interior and/or exterior of the vehicle beyond the condition of the vehicle at the time of its takeover by the Buyer, calculated according to the authorized valuation system Audatex; a fee of 4,000 CZK for cleaning any stains, dirt, odors, or mud that arose as a result of the Buyer's use of the vehicle and that exceed the threshold that can reasonably be expected during the testing of the vehicle to verify its driving characteristics and functionality; administrative fees and/or other possible costs necessary for the transfer of ownership of the vehicle back to the Seller, especially if the Buyer does not return all necessary documentation with the vehicle.

In all cases where the Buyer is obliged to make any payment to the Seller under this paragraph, the Seller will be entitled to offset their claim against the Buyer's claim for the return of the Purchase Price. The Seller's right to compensation for damages is not affected by the above provisions.

SELLER'S LIABILITY FOR DEFECTS IN THE VEHICLE AND QUALITY WARRANTY

The Seller is liable for defects in the vehicle to the extent specified in the contractual documents, or legal regulations, especially the provisions of § 2099 and following of Act No. 89/2012 Coll., Civil Code, as amended.

The Seller does not personally provide a quality warranty. However, the current general warranty conditions of the importer/manufacturer of the specific vehicle apply.

The Seller is not liable especially for defects: a. corresponding to the degree of use or wear that the vehicle had at the moment of takeover by the Buyer; b. that arose after the vehicle was taken over by the Buyer; c. for which the Buyer was expressly warned, especially in the protocol on the technical condition of the vehicle; d. obvious defects, i.e., defects that the Buyer knew or should have known with the usual attention at the time of taking over the vehicle and nevertheless took over the vehicle; e. that the Buyer caused themselves or as a result of their own actions; f. that the Buyer caused by neglecting proper care and maintenance of the vehicle with regard to its type, purpose, and the Seller's recommendations; g. caused by external events beyond the Seller's influence; h. caused by exposure of the vehicle to excessive temperatures, concentrations of pollutants (e.g., dust, chemicals, processes, and influences), or extraordinary atmospheric phenomena; i. if, regardless of the moment of the defect's occurrence, there was an intervention in the vehicle by the Buyer or a third party before asserting rights from defective performance against the Seller in connection with such intervention.

If the vehicle is delivered with defects, the Buyer may: a. request the delivery of the missing part of the vehicle/documentation and request the removal of legal defects if the defect consists of a lack of performance or the existence of a legal defect. b. request the removal of the defect by repairing the item if the defect is repairable. However, if the Seller refuses to remove the defect or does not remove the defect within the statutory (only applies to consumers, unless a different period is agreed) or agreed or reasonable time, or if the defect occurs repeatedly (at least 3 times the same defect) or the defect itself is so serious that it constitutes a substantial breach of the purchase contract or it is evident that the defect will not be removed within a reasonable time or without significant difficulties for the Buyer, the Buyer may: c. request a reasonable discount on the purchase price of the vehicle, d. withdraw from the purchase contract.

The Buyer is not entitled to change the already chosen right from defective performance without the Seller's consent.

The Seller states that the fuel consumption stated in the technical certificate is a technical parameter of the vehicle determined in an artificial environment under constant conditions. When operating the vehicle on public roads, the actual fuel consumption may be higher, especially due to driving style, weather conditions, use of air conditioning, and other appliances, etc. The values of fuel consumption and emissions in exhaust gases stated in the vehicle documentation are valid for the specific vehicle in the configuration as delivered by the manufacturer. Any use of accessories or additional equipment or installation of such accessories or additional equipment into/on the vehicle may affect relevant vehicle parameters such as weight, rolling resistance, and aerodynamics and, in connection with weather and traffic conditions and individual driving style, may affect fuel consumption, electrical energy consumption, range, and CO2 emissions as well as performance indicators of the vehicle. Higher consumption is therefore not a defect in the vehicle unless proven otherwise by authorized tests.

The Seller is not responsible for the accuracy of the data stated in the service book, especially with regard to the impossibility of verifying the accuracy of such records.

INFORMATION FOR BUYERS IN THE POSITION OF CONSUMERS:

For new vehicles, the maximum period in which the Buyer can assert rights from defective performance is 24 months from the takeover of the vehicle.

For used vehicles, the maximum period in which the Buyer can assert rights from defective performance is 12 months from the takeover of the vehicle.

The Buyer is obliged to assert rights from defective performance (hereinafter referred to as "Complaint") exclusively with the Seller. If the Buyer does not report the defect without undue delay after they could have discovered the specific defect with timely inspection and sufficient care, rights from defective performance do not apply to the Buyer. The same applies to hidden defects, unless the defect was reported without undue delay after the Buyer could have discovered it with sufficient care, but no later than within the periods specified by law. The moment of asserting the Complaint is understood as the moment when the Seller (or a person authorized by them) received the complained vehicle from the Buyer.

The Seller will decide on the Complaint in accordance with the relevant provisions of the law and subsequently inform the Buyer of the method of handling the Complaint in an appropriate manner.

The Seller expressly warns the Buyer that any service intervention on the vehicle in connection with the complained defect may only be performed by the Seller's service technicians. Any service intervention in the vehicle performed by a person other than the Seller or a person authorized by the Seller will result in the Seller's inability to properly assess the Complaint and thus possibly satisfy the Complaint.

OUT-OF-COURT RESOLUTION OF CONSUMER DISPUTES

The Seller informs the Buyer that in accordance with § 14 paragraph 1 of Act No. 634/1992 Coll., on consumer protection, as amended, the relevant authority for out-of-court resolution of consumer disputes is the Czech Trade Inspection (www.coi.cz), or another entity authorized by the Ministry of Industry and Trade (www.mpo.cz).

FINAL PROVISIONS

These Terms and Conditions are published on the Seller's Website.

The Seller is entitled to unilaterally change the Terms and Conditions, especially in connection with changes in the complaint process, developments in the automotive market, legislative developments, and for other reasons.

The change of the Terms and Conditions takes effect on the day the Seller announces this change in an appropriate manner, e.g., by publishing the new wording of the Terms and Conditions on the Seller's Website. Complaints received by the Seller before the effectiveness of the change of the Terms and Conditions will be governed by the updated wording of the Terms and Conditions if it is more favorable for the Buyer.

The Terms and Conditions are prepared in multiple language versions; in case of doubts or ambiguities, the version in the Czech language always takes precedence.

These Terms and Conditions take effect on May 1, 2026.

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