Terms and Conditions for Online Orders of Motor Vehicles

Company

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

INTRODUCTORY INFORMATION

These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the Company (hereinafter referred to as the "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 the "vehicle" or "goods") and the subsequent conclusion of the purchase contract and, if applicable, other contracts related to or concluded in connection with the purchase contract, which are concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer" or "Customer") through the Seller’s online store. The online store is operated by the Seller on the website located at the internet address www.autolouda.cz (hereinafter referred to as the "Website"), through the website interface (hereinafter referred to as the "Web 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 Buyer’s registration carried out on the Website, the Buyer may access their user interface. From their user interface, the Buyer can place orders for goods (hereinafter referred to as the "User Account"). When registering, the Seller requires the Buyer to provide the following data: first name, last name, email address.

When registering on the Website and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The data provided in the User Account must be updated by the Buyer whenever changed. The data provided by the Buyer in the User Account and when ordering goods are considered correct by the Seller.

Access to the User Account is secured by a username and password. The Buyer is obliged to keep confidential 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 if the Buyer does not use their User Account for a long time or if the Buyer breaches their obligations under the purchase contract (including the Terms and Conditions).

The Buyer acknowledges that the User Account may not be available continuously, especially due to necessary maintenance of the Seller’s hardware and software equipment or the necessary maintenance of third parties’ hardware and software equipment. If the Web Store Interface allows, the Buyer may also place orders for goods without registration directly from the Web Store Interface.

RESERVATION FEE

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

If, for any reason, an incorrect debit of funds from the Buyer’s account occurs, the Buyer is entitled to claim the payment via the Seller’s email. The claim must specify the exact reasons for the complaint. The Seller will handle the complaint within 30 days of receipt.

The paid Reservation Fee will be refunded to the Buyer in the following cases: if the purchase contract is not concluded; if the Buyer does not meet the conditions for obtaining a loan when choosing payment by credit.

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 is non-refundable.

PRICE OF GOODS AND PAYMENT TERMS

The purchase price and, if applicable, other related fees and costs associated with the delivery of goods (unless otherwise stated, hereinafter collectively referred to as the "Purchase Price") may be paid by the Buyer to the Seller in the following ways: cashless by transfer to the Seller’s account specified on the Website or Web Store Interface; 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 provisions of the Terms and Conditions regarding the obligation to pay the Purchase Price in advance.

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

The Seller will issue an invoice to the Buyer for payments made under the purchase contract. The Seller is a value-added tax payer. The tax document – invoice will be issued by the Seller to the Buyer after payment of the price of the goods and sent electronically to the Buyer’s email address provided in the User Account or in the Order (hereinafter referred to as the "Buyer’s Email Address").

CONCLUSION OF THE PURCHASE CONTRACT

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

To order goods, the Buyer fills in the order form in the Web 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 entered into 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 "Sign Contract" button. The data stated in the Order are considered correct by the Seller. The Seller will immediately confirm receipt of the Order to the Buyer by email to the Buyer’s email address provided in the User Account or in the Order (hereinafter referred to as the "Buyer’s Email Address").

After receiving the Order, a purchase contract and related documents, especially the protocol on the technical condition of the vehicle, are generated in the User Account in the Web Store Interface. The documents are available after generation and can also be downloaded in the User Account.

After generating the purchase contract and related documents, the Buyer has 24 hours to decide whether to purchase the vehicle or not.

The Seller requires the signature of all generated documents by the Buyer in electronic form. If the Buyer does not sign the purchase contract and related documents within 24 hours, the Order is cancelled.

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

The purchase contract is considered concluded at the moment when its wording signed by the Buyer by the above means comes into the Seller’s sphere of disposition.

AGREEMENT ON SERVICES PROVIDED BY THIRD PARTIES

FINANCING

If the Buyer decided before concluding the purchase contract to pay the purchase price or part of it by a loan through financing offered by the Seller and has met all conditions for granting the financing, i.e., the financial service provider cooperating with the Seller has agreed to provide the selected financial service (loan) under the conditions of the provider of this financial service and according to the parameters stated by the Buyer during the loan approval process, then the Buyer may, if deciding 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 such a case, the Buyer concludes the relevant contractual documents with the financial service provider (especially the loan agreement, including applicable contractual terms) according to the conditions and instructions of this provider.

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

If the Buyer wishes to choose a financial service provider other than the one offered by the Seller, this will be done by 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 will 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 of the purchase price for the vehicle. The withdrawal from the concluded loan agreement itself does not affect the validity of the concluded purchase contract.

INSURANCE

Every vehicle that the Buyer takes over and is eligible to be operated in the Czech Republic must have liability insurance for motor vehicle operation in accordance with Act No. 168/1999 Coll., on liability insurance for damage caused by vehicle operation and on amendments to certain related laws (Compulsory Insurance). If the Buyer expresses interest in arranging Compulsory Insurance in the order form in the Web Store Interface, the Seller will mediate the conclusion of the relevant insurance contract for the Buyer through an insurer cooperating with the Seller. For this purpose, the Buyer will provide the Seller with the necessary data to mediate the conclusion of the Compulsory Insurance. The conditions of the Compulsory Insurance are governed by the relevant insurer’s conditions.

If the Buyer is interested, they may also arrange, according to the current offer of the Seller, an insurance contract for damage to the vehicle (Comprehensive Insurance). If the Buyer expresses interest in arranging Comprehensive Insurance in the order form in the Web Store Interface, the Seller will mediate the conclusion of the relevant insurance contract for the Buyer through an insurer cooperating with the Seller. For this purpose, the Buyer will provide the Seller with the necessary data to mediate the conclusion of the Comprehensive Insurance. The conditions of the Comprehensive Insurance are governed by the relevant insurer’s conditions. The Buyer will pay the premium for Compulsory Insurance and Comprehensive Insurance according to the contractual terms of the respective insurance contract.

In neither of the insurance services – Compulsory Insurance or Comprehensive Insurance – is the Seller a contracting party to the concluded contractual relationship. Detailed legal information regarding individual insurances will be provided by the Seller to the Buyer upon 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 handover 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 is to be of the same extent as if the purchase contract had been concluded on the Seller’s business premises. For this reason, the Buyer is entitled to drive the vehicle up to a maximum of 100 km within the statutory withdrawal period.

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

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

Immediately after the vehicle is returned, the Seller will inspect it and may deduct from the purchase price to be refunded to the Buyer an amount necessary to restore the vehicle to the condition it was in at the time of delivery, including but not limited to: a usage fee of 0.001% of the vehicle’s purchase price for each additional kilometer driven beyond 100 km from the time of takeover to return; compensation for damage corresponding to the cost of repairing any interior and/or exterior damage beyond the vehicle’s condition at takeover, calculated according to the authorized Audatex valuation system; a fee of CZK 5,000 for cleaning any stains, dirt, odors, or mud caused by the Buyer’s use exceeding what can reasonably be expected during vehicle testing to verify driving characteristics and functionality; administrative fees and/or other possible costs necessary to transfer 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 any payment to the Seller under this paragraph, the Seller is entitled to offset its claim against the Buyer against the Buyer’s claim for the refund of the Purchase Price. The Seller’s right to damages is not affected by the above provisions.

SELLER’S LIABILITY FOR VEHICLE DEFECTS AND WARRANTY

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

The Seller does not personally provide a warranty for quality. 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 the vehicle had at the time of takeover by the Buyer; b. that arose after the vehicle was taken over by the Buyer; c. of which the Buyer was expressly informed, especially in the protocol on the technical condition of the vehicle; d. obvious defects, i.e., defects the Buyer knew or should have known with usual care at the time of takeover and still accepted the vehicle; e. caused by the Buyer or as a result of their own activity; f. caused by neglecting proper care and maintenance of the vehicle considering the type, purpose, and 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 emissions (e.g., dust, chemicals, processes, and influences), or extraordinary atmospheric phenomena; i. if, regardless of the time of defect occurrence, before exercising rights from defective performance with the Seller, the vehicle was interfered with by the Buyer or a third party or in connection with such interference.

If the vehicle is delivered with defects, the Buyer may: a. demand delivery of missing parts/documentation and removal of legal defects if the defect consists in incomplete performance or legal defect; b. demand defect removal by repair if the defect is repairable. However, if the Seller refused to remove the defect or does not remove it within the statutory (applies only to consumers unless otherwise agreed) or agreed or reasonable time, or if the defect recurs (at least 3 times the same defect) or is so serious that it constitutes a substantial breach of the purchase contract or it is obvious that the defect will not be removed within a reasonable time or without significant difficulties for the Buyer, the Buyer may: c. demand a reasonable discount on the purchase price of the vehicle; d. withdraw from the purchase contract.

The Buyer is not entitled to change the 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 determined in an artificial environment under constant conditions. Actual fuel consumption during vehicle operation on public roads may be higher, especially due to driving style, weather conditions, use of air conditioning and other consumers, etc. The fuel consumption and exhaust emission values 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 thereof on or in 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, electricity consumption, range, CO2 emissions, and vehicle performance indicators. Higher consumption is therefore not a defect unless proven otherwise by authorized tests.

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

INFORMATION FOR BUYERS IN THE POSITION OF CONSUMERS:

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

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

The Buyer is obliged to exercise rights from defective performance (hereinafter "Complaint") exclusively with the Seller. If the Buyer does not notify the defect without undue delay after the defect could have been discovered during timely inspection and with due care, the Buyer is not entitled to rights from defective performance. The same applies to hidden defects if the defect was not notified without undue delay after the Buyer could have discovered it with due care, but no later than within the periods set by law. The moment of exercising the Complaint is understood as the moment when the Seller (or a person authorized by the Seller) takes over the complained vehicle from the Buyer.

The Seller will decide on the Complaint in accordance with the relevant legal provisions and will inform the Buyer of the way the Complaint is handled in an appropriate manner.

The Seller expressly warns the Buyer that any service intervention on the vehicle related to the complained defect may only be performed by the Seller’s service technicians. Any service intervention performed by a person other than the Seller or a person authorized by the Seller will result in the Seller being unable to properly assess the Complaint and thus possibly not satisfying the Complaint.

OUT-OF-COURT SETTLEMENT 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 competent entity for out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority (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 other reasons.

The change to the Terms and Conditions takes effect on the day the Seller announces the change in an appropriate manner, e.g., by publishing the new wording of the Terms and Conditions on the Seller’s Website. Complaints submitted to the Seller before the effective date of the change to the Terms and Conditions are governed by the updated wording of the Terms and Conditions if it is more advantageous for the Buyer.

The Terms and Conditions are drawn up in multiple language versions; in case of doubts or ambiguities, the Czech version shall prevail.

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