GENERAL TERMS AND CONDITIONS – USED CARS (hereinafter referred to as "GTC")

A. Introductory Provisions

A.1. Louda Auto a.s., Company ID: 46358714, located at No. 166, 290 01 Choťánky, registered in the commercial register maintained by the Municipal Court in Prague under file no. B 19975, engages in the purchase and sale of used cars as part of its business activities. For this purpose, it operates under the name "Louda auto" a network of car dealerships in the Czech Republic.

A.2. These general terms and conditions govern the legal conditions and relationships that arise between Louda auto a.s. and its customers in the purchase and sale of used cars or the mediation of the sale of used cars, and are an integral part of the contracts concluded between Louda auto a.s. and the customer, having the nature of § 1751 et seq., Act No. 89/2012 Coll., Civil Code, as amended.

A.3. These general terms and conditions apply to all transactions concerning used cars conducted between Louda auto and the customer, including all services provided in this context. Deviations from these general terms and conditions can only be made in individual cases based on an agreement concluded in writing by both contracting parties.

A.4. These general terms and conditions are binding on the customer from the moment they demonstrably enter into a legal relationship with Louda auto, i.e., from the moment any legal act is made between the company and the customer in written form or electronically with a demonstrably recorded written record.

A.5. Purchase contracts concerning cars are concluded by Louda auto with its customers exclusively in written form. Louda auto does not enter into contractual relationships concerning the purchase or sale of cars based on oral agreements.

B. Definitions

B.1. The term "Louda auto", "company", or "Louda auto" in these GTC refers to the company listed in Article A.1. of these general terms and conditions.

B.2. The term "customer" refers to any natural or legal person interested in selling a used car, buying a used car, or using any other service that Louda auto offers in connection with used cars. If a person acts on behalf of the customer based on a power of attorney, the signatures on such power of attorney must be verified and not older than 3 months. A legal entity may also be represented by a procurator.

B.3. The terms "buyer", "seller", or "interested party" refer to any customer who has concluded a contract with Louda auto regarding a specific used car, depending on whether they are buying a used car from Louda auto, selling a used car to this company, expressing interest in the mediation of the sale of a used car, or using other related services offered by Louda auto.

C. Rights and Obligations of Louda auto

C.1. Louda auto is obliged to provide its services properly and with due professional care.

Louda auto reserves the right to:

• charge the customer administrative costs associated with concluding the purchase contract and verifying the condition of the car according to the current price list of Louda auto, even in the event of withdrawal from the contract due to discrepancies between the information provided by the customer and the actual condition of the car, for legal defects, and for other reasons stated in the purchase contract or in these general terms and conditions.
• charge the customer costs incurred in preparing a leasing or loan agreement in the event that the car is sold in the form of leasing or on credit.
• Louda auto is not obliged to hand over the car to the buyer until these costs are paid and also until other obligations of the buyer to the company are settled, unless otherwise agreed in writing.
• use statistical information obtained from its activities (e.g., percentage representation of education, average age of customers, percentage representation of professions, and similar statistical or demographic data) for purposes related to the services provided.

C.3. Louda auto undertakes to:

• process changes in the vehicle registration based on the granted power of attorney for the seller or buyer.
• protect all obtained customer data in accordance with Act No. 110/2019 Coll., on the protection of personal data.

D. Rights and Obligations of the Customer

D.1. The customer agrees to carefully familiarize themselves with the terms of the transaction being concluded, specifically with the content of the contracts, the complaint procedure, these general terms and conditions, and any other documents that will be provided by Louda auto.

D.2. Customer Rights:

• to take a test drive with the selected vehicle in order to properly familiarize themselves with the technical condition and functionality of the vehicle
• to inspect the selected vehicle in detail well in advance of its acceptance, including on the ramp in the presence of an expert invited by the customer at the premises of Louda auto
• to familiarize themselves with the content of the contracts, the complaint procedure, these general terms and conditions, and other documents provided by authorized persons of Louda auto in a publicly accessible place and at any time.

D.3. Customer Obligations:

• to always provide correct, true, and valid verification data in all documents, especially their first and last name, permanent residence address, or the registered office of a legal entity and contact details. For the purpose of verifying the provided data, the customer is obliged to prove their identity to the company with at least an ID card (or another official document, but such other document must fundamentally contain a photograph). A representative of a legal entity will provide proof of authorization to act and an extract of the legal entity from the commercial register.
• to inform the company of any additional data if it relates to the execution of the transaction, is necessary for execution, and is required by the company
• to familiarize themselves with the technical and legal condition of the vehicle as offered for sale and subsequently confirm the acceptance or transfer of the vehicle on an official and designated written document
• to follow all recommendations for repairs and inspections of the vehicle
• to present the company on the day of concluding the purchase contract (no later than within 3 days) all documents necessary for the transfer of ownership rights to the new owner and for their registration in the vehicle register. Otherwise, Louda auto has the right to withdraw from the contract.
• to pay the contractually agreed price of the vehicle in the agreed manner
• to fulfill their obligations arising from the relationship with Louda auto properly and on time
• to comply with generally binding legal regulations (including fire and other safety regulations) and to follow the instructions of Louda auto employees related to the matter. Any damages caused by a violation of this paragraph will be borne by the customer.

D.4. The customer declares that they have informed their spouse about the intended sale/purchase of the vehicle, and that this person has consented to the sale or purchase.

D.5. The customer agrees to the processing of their personal data in accordance with Act No. 110/2019 Coll., on the protection of personal data.

E. Reservation of a Used Vehicle

E.1. The customer can reserve the selected vehicle from Louda auto by paying a reservation fee based on a deposit slip, which specifies the amount, its due date, the deadline for concluding the purchase contract, and all related conditions. Upon receipt of this payment (reservation fee) by the company, the vehicle in question will be prepared for sale to the buyer by the agreed date.

E.2. If Louda auto agrees with the customer on the reservation of a specific vehicle and the customer pays the reservation fee to Louda auto with the understanding that they will conclude a purchase contract for the vehicle within a certain specified period, this reservation fee will be forfeited to Louda auto if the purchase contract is not concluded within the agreed period for any reason on the part of the customer.

F. Sale of the Vehicle

F.1. The customer purchases the vehicle from Louda auto in the condition they discovered during the inspection (and test drive, which they were invited to) and acknowledges that used vehicles are worn according to their age and mileage, unless otherwise stated in the purchase contract.

F.2. An integral part of the purchase contract is the Protocol on the Condition of the Motor Vehicle and the Protocol on the Test Drive. The Protocol on the Condition of the Motor Vehicle records the condition of the vehicle as of the date of its sale to the customer, and the Protocol on the Test Drive records the course of the test drive in the vehicle with the customer.

F.3. The release of the vehicle to the buyer is possible only upon fulfillment of all obligations arising from the purchase contract and these general terms and conditions. Until the total purchase price is duly paid by the buyer according to the relevant concluded contract, Louda auto remains the owner of the vehicle.

F.4. The buyer acknowledges that any claims from the company's marketing actions must always be made before concluding the purchase contract and cannot be combined with other actions and discounts, and any discounts provided are not cumulative with other discounts and other actions unless explicitly stated otherwise in individual cases.

G. Car Buyback

G.1. The company exclusively buys cars that are validly registered in the Czech Republic, and whose technical and registration data correspond to the original document (technical certificate, vehicle registration certificate).

G.2. The customer is obliged to provide proof of ownership of the relevant car. In the case of a legal entity, the person acting on behalf of this entity must prove their authority with an extract from the Commercial Register or another authorization to act on behalf of the legal entity (with officially verified signatures).

G.3. The moment the car is taken over by the company occurs with the signing of the Car Buyback Agreement and the Vehicle Condition Protocol by both contracting parties.

H. Related Services

H.1. In exceptional cases, the company accepts cars as an intermediary that the customer entrusts to Louda auto based on a Vehicle Sale Mediation Agreement, for the purpose of arranging the sale of the car on behalf of the customer (represented by the intermediary) at the customer's expense. In this case, the car remains the property of the customer until the purchase price is paid by the new owner.

H.2. The company may buy back the car from the buyer at the highest possible price set by the company, corresponding to the current condition of the vehicle, if the buyer is interested. The company can also buy back the car in exchange if the buyer purchases another car from Louda auto.

H.3. More information about the individual services of Louda auto can be obtained at all Louda auto branches, on the website www.autolouda.cz, or on the phone line (+420) 325 400 400.

I. Liability of Louda auto for Vehicle Defects

I.1. The company declares that the purchased car does not originate from criminal activity and that prior to its sale, the company did not unlawfully alter or manipulate the chassis number and engine number. In the opposite case, the buyer is entitled to withdraw from the concluded purchase contract.

I.2. In the event of the buyer's withdrawal from the concluded purchase contract based on paragraph I.1, Louda auto will return the purchase price of the car to the buyer upon its return to the company's premises in the condition in which it was received from Louda auto, taking into account normal wear and tear. In this case, the buyer has no right to compensation for damages or reimbursement of costs related to the return of the car. The buyer is not entitled to interest on the monetary amount returned to them by the company.

I.3. The right to withdraw from the contract, as well as rights from liability for defects or rights from any provided warranty, are not transferable to third parties and can only be asserted against Louda auto by the buyer.

I.4. The company declares that the car can be re-registered to a new owner in the territory of the Czech Republic. This declaration explicitly applies only to the territory of the Czech Republic, and the company does not ensure administrative procedures related to the export and registration of the car outside the territory of the Czech Republic.

I.5. Any complaints regarding the used vehicle are governed by the valid complaint procedure of Louda auto, which is freely available on the website www.autolouda.cz/reklamacni_rad.

I.6. The buyer acknowledges and agrees that Louda auto is not liable for defects

• corresponding to the degree of use or wear that the car had at the moment of receipt by the buyer;
• that arose after the buyer took over the car;
• to which the buyer was explicitly warned;
• that the buyer was aware of or should have recognized with due diligence at the time of concluding the purchase contract, based on a personal inspection of the car or a test drive, thus for obvious defects;
• that the buyer caused themselves;
• that arose due to the use of the car contrary to its purpose or due to its use in a manner other than normal, considering the type and designation of the car;
• that the buyer caused by neglecting proper care and maintenance considering the type and designation of the car;
• caused by external events beyond the Seller's influence;
• caused by exposure of the car to excessive temperature, dust concentration, chemicals, processes and influences, or extreme atmospheric phenomena;
• resulting from the Vehicle Condition Protocol, which is an integral part of the car purchase contract;
• if the defect on the car was already present at the time of receipt, but the Seller warned the buyer about it, or for such a defect a discount on the purchase price was agreed;
• that the buyer was aware of considering the circumstances before taking over the car;
• that correspond to the degree of use or wear that the car exhibited at the time of receipt by the buyer;
• arising on the car from wear caused by normal use, or resulting from the nature of the matter (e.g., expiration of the lifespan of the car or its components);
• caused by the buyer (or another third party) and arising from improper use, storage, improper maintenance, intervention by the buyer (or another third party) or mechanical damage;
• regardless of the moment of the defect's occurrence, if there was an intervention in the car by the buyer or a third party before the complaint was made to the Seller.

I.7. The buyer is obliged to assert rights from liability for defects of the car and to report defects of the car to the company without undue delay after they have discovered or could have discovered the defect with due diligence; otherwise, their claims from liability for defects expire.

J. Transfer of Risk of Damage to the Car and Acquisition of Ownership Rights to the Car

J.1. From the moment of taking over the car, the buyer has full responsibility for complying with legal regulations regarding the operation of vehicles on public roads and is obliged to have a valid insurance contract for liability for damage caused by the operation of the car at that moment. Otherwise, they are liable to the seller or a third party for any damage that arises.

J.2. The risk of damage to the car passes to the buyer at the moment of taking over the car by the buyer.

K. Customer Service

K.1. The buyer has the option to contact all Louda auto branches with their comments or requests during their working hours published on the website www.autolouda.cz or on the phone line (+420) 325 400 400

K.2. More information about the services of Louda auto can be obtained at all Louda auto branches, on the website www.autolouda.cz, or on the phone line (+420) 325 400 400.

L. Content of the Terms and Conditions and Relationship to Different Declarations or Documents

L.1. Different agreements between Louda auto and the customer contained in the contract between these parties take precedence over the provisions of these general terms and conditions.

L.2. These general terms and conditions take precedence over any different declarations made by persons acting on behalf of Louda auto, except for declarations made in writing and signed by a person who is authorized to act on behalf of Louda auto in accordance with the relevant legal provisions.

M. Final Provisions

M.1. These general terms and conditions are governed by the valid legislation of the Czech Republic.

These general terms and conditions come into effect on January 1, 2020.