The following General Business Terms and Conditions (“General Business Terms and Conditions”) regulate the relationships of parties to a purchase/licence agreement entered into by and between Ivo Foltýn, Hornosušská 1472 / 6B, 735 64 Havířov 4, IČO: 65502761 or Hana Foltýnová, Hornosušská 1472 / 6B, 735 64 Havířov 4, IČO: 03168174 (“Aluo”), and the purchaser (“Purchaser”).
Both ALUO parties are not VAT payer.
Purchaser is a consumer or an entrepreneur.
Consumer is a private individual acting in a private capacity, entering into an agreement or otherwise dealing with Aluo.
Entrepreneur is an individual licensed to get engaged in business on one’s own account and responsibility with an intention to generate profit on a continuous basis. For the purposes of consumer protection, an entrepreneur is (including but not limited to) an individual entering into contracts/agreements relating to the entrepreneur’s business, manufacturing or similar activities or employment; or an individual acting on behalf or on account of an entrepreneur in question. For the purposes hereof, an entrepreneur is an individual acting in compliance with the preceding sentence as part of one’s own business. If completing the registration number in the order, the entrepreneur acknowledge having been bound by the rules stipulated in the General Business Terms and Conditions for Entrepreneurs.
By placing the order, the Purchaser acknowledges having been familiarised with these General Business Terms and Conditions prior to entering into the agreement, namely with the representations and warranties given in Part II hereof, as well as with the Shipping details constituting an integral part hereof, and explicitly agrees to the same in the wording valid and effective as at the moment of placing the order.
When accepting the goods and/or services, the Purchaser is issued an invoice including the basic details of the agreement. An invoice containing essential contract information, including receipts according to the registration of sales and tax records law will be provided to the customer in the form of email and also available at "My orders" section under your user account ( if you have agreed to create account ).
II. Pre-Contractual Representations and Warranties
Aluo represents and warrants that:
- The prices for goods and services displayed on the website operated by Aluo are correct, with all statutory fees (if any). Shipping costs, however, vary with reference to the selected shipping method, carrier and payment method.
- Purchasers-consumers can and may withdraw from the agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of:
- receiving the goods and do so in writing either by sending the notice of withdrawal to the Aluo address by post or email.
The costs incurred in association with returning the goods (withdrawn agreements)/costs of returning the goods are borne by the consumer.
- The agreements (respective invoices) are saved in the electronic archive accessible by the registered Aluo users directly from their user account.
The Purchaser acknowledges that the goods to be claimed under the warranty are to be delivered to the Czech Republic by the Purchaser.
The Purchaser enters into the agreement by accepting the offer to enter into the agreement as displayed on the website operated by Aluo and in particular by adding the requested product (goods, services) to the cart. The Purchaser is informed about the executed agreement in a confirmation email letter sent by Aluo to the email address provided by the Purchaser.
The executed agreement is archived by Aluo for at least five years from the execution day, however, not longer than for the period stipulated by relevant law.
Under the purchase agreement, Aluo undertakes to deliver the product to the Purchase; the Purchaser undertakes to receive the product from and pay the purchase price to Aluo.
Aluo delivers the purchased product to the Purchaser in the agreed amount, quality and design.
3. Warranty and liability
Aluo guarantees to the Purchaser that the product is free from defects when received by the Purchaser. In particular, Aluo guarantees to the Purchaser that, at the moment the product is received by the Purchaser:
- The product has the characteristics agreed by the parties or (if no agreement is reached), the characteristics described by Aluo or the
manufacturer or expected by the Purchaser with reference to the nature of the goods and related advertisement.
Aluo will not be liable for any direct, indirect, incidental, punitive, consequential, or any other damages whatsoever that result from the misuse, improper installation, wrong use, illegal use and/or when advertised purpose not approved for advertised purpose by local authorities, of product(s) purchased by buyer.
- Purchaser may and can claim faulty consumer goods within 24 month after receipt. This does not apply to:
- - discount-related defects;
- - usual wear and tear;
- - defects caused by ordinary use or wear and tear and evident at the moment of receipt by the Purchaser; or
- - cases implied by the nature of the case.
4. Copyright and Trademark Responsibility
- By accepting this Terms and Conditions purchaser agrees and represents that he/she owns or have permissions to use all copyrights, trademarks, service marks, intellectual property, trade dress, and trade names incorporated into the Content that is provided by purchaser to Aluo in connection with any Content and the Services provided under this Agreement. Aluo is not responsible for any infringement of copyrights, trademarks, service marks, intellectual property, trade dress, and trade names caused by purchaser in connection with any Content and the Services provided under this Agreement.
5. Inappropriate, False, or Misleading Content
- Purchaser agrees that he/she will not provide any content to Aluo that are abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement.
Consumers may and can withdraw from the agreement within a period of 14 days. The period stated in the first sentence commences on the day the agreement is executed, this being the day of:
- receiving the goods
Consumers may withdraw from the agreement also by sending a notice of withdrawal to our email address or to:
73564 Havirov 4
If withdrawing from the agreement, the consumer is to return to Aluo the goods delivered by Aluo and do so at consumer’s cost without undue delay, however, no later than within 14 days after withdrawing from the agreement.
The goods are to be returned complete, i.e. along with the delivered accessories and complete documentation, undamaged, clean, in the original packaging (if possible) and in the condition and value in which the goods have been received by the Purchaser.
Consumers deciding to withdraw from the agreement in the given period are recommended by Aluo to send the goods to Aluo address along with a cover letter incl. the reason for withdrawal (not necessary), reference number of the proof of purchase.
Consumers withdrawing from the agreement are refunded the entire amount paid under the agreement whereby this amount is refunded by Aluo without undue delay, however, no later than within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the agreement.
Consumers withdrawing from the agreement may as well be refunded the entire amount paid only after the goods are returned to Aluo or after the consumers prove that the goods have been sent to Aluo.
Aluo can cancel already confirmed order at any time, especially in the following cases:
a. if the products that are displayed on the site are not available;
b. if the products that are displayed on the web contain obvious errors,
such as an incorrect price or other incorrect product description.
In such case ALUO will inform customer about the cancellation and reason for it. Aluo will refund consumer´s payment within 5 business days via
the payment method used by purchaser during ordering process.
V. Personal Data Protection and Security - as per Directive 95/46/EC (General Data Protection Regulation)
Aluo represents and warrants that all personal data are confidential and such will be used only for the performance of the agreement entered into with the Purchaser. The personal data will not be published or disclosed to third parties, with the exception of cases where such disclosure is necessary for the distribution of and payment for the ordered goods (name, account number, shipping address) In handling the personal data, the Purchaser proceeds without detriment to the rights of the entity disclosing the personal data, namely the right to human dignity, and cares for the protection of the private and personal life of the same from unauthorised intervention.
Personal Data Protection
Aluo hereby represents and warrants that all personal data is considered private and confidential and as such is handled in compliance with the relevant law and the Business Terms and Conditions of Aluo.
What data is collected?
In order to execute a business transaction with you, we need to obtain your name (full name or corporate name, company registration number and contact person respectively), signature, address (invoice address and, as the case might be, mailing address), telephone number and email address. In addition, we keep a record of all business transactions you have executed with us so far.
How is the data used?
In order to execute a business transaction with you and deliver the goods to the designated place, we need to contact you and obtain the aforementioned details that you disclosed when you registered with us, whether temporary or permanent. Since this personal data is disclosed for the purposes of executing a respective business transaction with you, you are not required to give your explicit consent thereto.
Can I handle the disclosed data?
Once logged in to your Aluo account, you can edit or delete the data you have disclosed. You can completely cancel your registration by sending an email. Customers making a claim with Aluo are required to provide their full name, address, telephone number and signature whereby such disclosed personal data are processed exclusively for the purposes of handling the claim and in compliance with law.
Purchasers may and can access and edit their personal data, request explanation and removal of mistakes as well as exercise other rights pertaining thereto.
Information about Cookies and their use
What are Cookies?
Cookies are small text files that websites put on your computer (computer memory) to store information about you and your preferences. Cookies help us store and track information about your visits to our website, your browser settings, language preferences, etc. When you return to our website, cookies make it quicker and easier for you to navigate through our website in line with your preferences. Without cookies, navigation and browsing through our website would be much more difficult. Cookies help us to tailor our offer to your needs.
Do Cookies affect my privacy?
Aluo proceeds in compliance with the relevant law and the highest ethical standards at all times. At Aluo, we care about the satisfaction of our customers and visitors to our website alike; therefore, we also care about their privacy. Using cookies does not necessarily and automatically mean you must disclose your personal data to us. If, however, you share your personal data with us (for instance, in order for the goods you have ordered to be delivered), your personal data may be linked to the information stored in cookies – but only for the purposes of tailoring our offer more to your individual interests and needs. It goes without saying that we protect your personal data by using the best technology and disclose it to third parties only within the strictly necessary limits (for instance, to the shipping companies that deliver our goods to you). In some instances, we might be bound to disclose your personal data by law.
Can I prevent the cookies from being stored in my device?
Yes, you can. Before visiting our website, you can simply run the anonymous browsing function. However, if you do so, please note that some parts of our website might not be displayed correctly; it might be quite difficult for you to browse certain parts of our website, and the goods that match your needs might not be displayed to you.
Can I learn about the collected personal data, check that it is correct, and/or revoke my consent to process it?
Yes, you can. Simply contact us with your request or inquiry.
VI. Business Hours
Orders placed in the Aluo e-shop are accepted 24 hours a day, seven days a week. In the event of an information systems failure or force majeure, Aluo assumes no liability for non-observance of the stipulated business hours.
The prices are contract prices. Prices quoted online in the e-shop are always up to date and valid. Prices quoted for individual products are final, that is, incl. VAT and other taxes and fees (if any) payable by the consumer for a product in question (excl. shipping fees, collection fees and cost of distance communication shown in the shopping cart in the amount depending on the option selected by the Purchaser).
The Purchaser acknowledges that Aluo and the Purchaser need necessarily not enter into the agreement, especially if the goods are ordered by the Purchaser for a price mistakenly quoted on the website due to the internal Aluo system error of which the Purchaser is informed by Aluo.
Aluo reserves the right to declare the purchase agreement void in case of misused personal data, misused payment card, etc. or with reference to the intervention of an administrative or court authority of which the Purchaser is informed by Aluo. The Purchaser acknowledges that the purchase price cannot be entered into as valid in the aforementioned cases.
The price is stated on the order confirming that the order has been placed. Orders can be placed as follows:
- in the e-shop operated by Aluo (e-shop)
Aluo accepts several payment methods. List of available payment methods will be shown during checkout process based on your country of residence.
Aluo delivers the goods in co-operation with a shipping company.
Aluo is not able to gurantee exact delivery date or how many days the dellivery will take as goods are sent by standart registered post
The delivery time shown HERE is only an estimate based on average statistics and not providing delivery time guarantee.
However we guarantee maximal delivery time after which we provide new shipment of goods or payment refund - as specified HERE.
Delivery of goods is limited by public holidays in the place of delivery and the Czech Republic.
These General Business Terms and Conditions and parts hereto come into force and effect on February 15th 2024, repealing the previous versions.