Business Terms
Basic Information:
Seller: Bateria Slaný CZ, s.r.o.
Seller's Address: Netovická 875, 274 01 Slaný
Seller’s Premises: Netovická 875, 274 01 Slaný and Průmyslová 11/1472, 102 00 Prague
Company Registration Number: IČO: 25139096
VAT Number: DIČ: CZ25139096
The company is registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 52910.
Bank Account (EUR): CZ6501000001313178730207 (SWIFT/BIC: KOMBCZPPXXX)
Telephone Contact: +420 720 838 428
Email: sales@bateria.cz
Opening Hours for the Prague Office: Mon – Fri 9.00 - 15.00
1. General Provisions
1.1. These General Terms and Conditions (hereinafter referred to as the “GTC” or “Terms and Conditions”) are prepared in accordance with Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter also referred to as the “CC”), and Act No. 634/1992 Coll., on Consumer Protection, as amended, and regulate in accordance with Section 1751(1) of the Civil Code, the legal relations (rights and obligations) arising in connection with and based on a purchase contract concluded between Bateria Slaný CZ, s.r.o., with its registered office at Netovická 875, 274 01 Slaný, as the seller (hereinafter referred to as the “seller”) and the consumer as the buyer (hereinafter referred to as the “buyer”).
1.2. For the purposes of these Terms and Conditions, the buyer is considered a consumer, which is a natural person who, when concluding and fulfilling the purchase contract, does not act in the scope of their business activity nor in the scope of their independent profession.
1.3. An entrepreneur is a person (natural or legal) who independently performs gainful activity on their own account and responsibility in a trade or similar manner with the intention of doing so regularly for the purpose of profit. If the buyer provides their identification number in the order, they acknowledge that these Terms and Conditions do not apply to the legal relations arising from the purchase contract concluded between the seller and this buyer.
These GTC do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or a person acting in the course of their business activity or in the course of their independent profession when ordering goods.
1.4. The seller is an entrepreneur and, when concluding and fulfilling the purchase contract, acts within the scope of their business activity.
1.5. These Terms and Conditions apply to all purchase contracts concluded between the seller and the buyer and are an integral part of the purchase contract when purchasing in the seller's online store (so-called e-shop on the website http://www.bateria.cz/), at the seller’s premises and registered office.
1.6. The seller reserves the right to change the Terms and Conditions. The changed Terms will be announced in an appropriate manner on the website www.bateria.cz (hereinafter referred to as the “website”) as well as at the seller’s premises and registered office. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
1.7. By concluding the purchase contract (making a binding order), the buyer confirms that they have read these Terms and Conditions and the Complaints Procedure, which is an integral part of these Terms and Conditions, and that they agree with them. The buyer is sufficiently informed about the Terms and Conditions before placing the order, and has the opportunity to familiarize themselves with them. The concluded contract - order is archived by the seller for the purpose of its successful fulfillment and is not accessible to third parties.
1.8. Upon concluding the purchase contract according to Article 2, the buyer will receive a copy of the GTC as an attachment to the order confirmation to the provided email address. The GTC are also displayed on the website of the online store, where they can be downloaded in PDF format for the buyer to store. The buyer will receive an invoice containing the basic details of the contract, including a receipt according to the Act on Registration of Sales and a tax document, via email to the email address provided by the buyer in the order or in paper form.
1.9. Deviations in the purchase contract take precedence over the provisions of these Terms and Conditions.
2. Conclusion of the Purchase Contract – Online Store
2.1. The online store is operated by the seller on the website located at the internet address www.bateria.cz (hereinafter also referred to as the "online store"). On the seller’s website, you can find goods offered by the seller for sale, including the prices of individual items. The prices of goods are stated inclusive of VAT and all related fees, excluding shipping and handling costs. In the details of individual items, it is indicated whether the displayed items are in stock.
2.2. To order goods, the buyer must fill out the order form on the website of the online store. When purchasing from the online store, the following steps lead to placing an order: adding goods to the shopping cart, selecting the delivery method, entering identification data, choosing the payment method, confirming acceptance of the Terms and Conditions, and sending the order. An order created on the online store’s website is a proposal for concluding a purchase contract. Before submitting the order to the seller, the buyer is allowed to check and modify the data entered into the order, including the possibility for the buyer to detect and correct errors that occurred when entering data into the order. The prices of goods are valid at the time of placing the order.
2.3. After submitting the order, the seller will inform the customer about the receipt of the order via electronic mail to the address provided by the buyer. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price amount, estimated shipping costs), to request additional confirmation of the order from the buyer (for example, in writing or by phone). This notice of receipt of the order is considered confirmation and acceptance of the buyer’s offer to conclude the contract, thereby concluding a purchase contract between the seller and the buyer.
2.4. The confirmation includes the current version of the GTC, including the Complaints Procedure.
2.5. The purchase contract (including the agreed price) can be modified or canceled only by mutual agreement of the parties or based on legal grounds unless otherwise specified in these Terms and Conditions. The seller reserves the right to cancel the order or part of it if: a) the goods are no longer produced or delivered, b) the price of the goods has significantly changed on the part of the supplier, or c) the goods are displayed with an obvious price error on the seller's website. If the buyer has already paid the seller the purchase price or part of it, this amount will be returned to the buyer immediately by the seller.
2.6. 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 are borne by the buyer.
3. Delivery of Goods – Transfer of Risk of Damage
3.1. By concluding the purchase contract, the seller undertakes to deliver the goods that are the subject of the purchase to the buyer and to allow the buyer to acquire ownership rights to them, and the buyer undertakes to accept the goods and pay the purchase price to the seller.
3.2. The buyer acknowledges and agrees that the transfer of ownership rights to the goods to the buyer occurs only after full payment of the purchase price (the so-called retention of title).
3.3. The seller fulfills the obligation to deliver the goods to the buyer by allowing them to handle the goods at the place of performance and by notifying them of this in a timely manner.
3.4. The seller shall deliver the goods to the buyer in the agreed quantity, quality, and design.
3.5. Unless otherwise agreed, the seller will package the goods according to customary practices; if there are none, then in a way necessary to preserve the goods and protect them. The seller will package the goods in the same way for transport.
3.6. The goods are defective if they do not have the agreed-upon properties. A defect is also considered to be the delivery of a different item or defects in documents necessary for the use of the goods.
3.7. The buyer's rights from defective performance are established by a defect that the goods have at the moment of the transfer of the risk of damage to the buyer, even if it becomes apparent later, as well as by a defect that arises later if the seller caused it by breaching their obligation.
3.8. The buyer shall inspect the goods as soon as possible after the transfer of the risk of damage and shall verify their properties and quantity. The risk of damage passes to the buyer upon the buyer's receipt of the goods. The risk of damage also passes to the buyer if the buyer fails to accept the goods despite the seller allowing them to handle the goods.
3.9. Damage to the goods that occurs after the transfer of the risk of damage to the buyer does not relieve the buyer of the obligation to pay the purchase price, unless the damage was caused by a breach of the seller’s obligation.
4. Information about Goods and Prices. Payment Terms
4.1. Information about the prices of goods and the main characteristics of the goods is provided for each item in the online store.
4.2. Installation or assembly of goods is not included in the purchase contract.
4.3. Prices provided by the seller are listed in Czech crowns (CZK), including value-added tax (VAT), and other taxes and fees that the buyer must pay to acquire the goods. However, this does not include potential shipping and cash-on-delivery fees, which are indicated during the ordering process and depend on the buyer's choice.
4.4. The prices listed in the seller's online store are contractual prices, and they are valid and binding for the duration of their display on the seller's website at the time the order is confirmed by the seller to the buyer, except in the case of an obvious error. The buyer acknowledges that if they order goods at a price mistakenly published (i.e., due to a visible error in the pricing system), the seller is entitled to withdraw from the purchase contract even after the buyer receives an order confirmation. The seller reserves the right to change prices.
4.5. The prices of goods offered in the online store may differ from the prices of goods offered at the seller's premises and registered office.
4.7. The seller issues receipts according to the Act on Registration of Sales, either in electronic form sent by email or in paper form, depending on the method of concluding the purchase contract, the chosen payment method, and the method of delivery.
4.8. Payment terms – accepted payment methods for the purchase price:
Bank transfer for online orders (advance payment based on the details sent to the buyer when the order is confirmed).
Cash on delivery (cash payment to the transport company’s employee, who will issue a receipt for the amount received).
Advance payment (based on an issued advance invoice, which is not automatically issued for online purchases but can be provided upon request).
The seller is entitled to request an advance payment of up to 100% of the order value before delivering the goods. If an advance payment is required, an "Advance Invoice" will be issued. Once the advance payment is made, the goods are shipped with a tax document - an invoice.
4.9. By concluding the purchase contract, the buyer acknowledges that the product photos displayed in the seller's online store, catalog, and other materials are for illustrative purposes only.
5. Delivery Conditions
5.1. Goods deliveries will be carried out according to the availability of products and the seller’s operational capabilities as quickly as possible, usually within 7 business days for items in stock. In exceptional cases, the delivery time may be longer. If goods are not in stock, it is necessary to verify the delivery time with the seller. In individual cases, shorter or longer delivery times may be agreed upon.
5.2. The place of delivery is determined based on the buyer’s order. Delivery is considered fulfilled when the goods are delivered to the address provided in the buyer's order.
5.3. Installation of the delivered goods and transport of the goods to the buyer’s apartment are not included unless otherwise agreed or contractually arranged. Delivery to the address provided by the buyer is arranged by the seller. The shipment with the goods typically contains an invoice (if the invoice is not included in the package, it will be sent to you by email), instructions for use in Czech, and a warranty card (if the manufacturer includes one with the product). The warranty card is always unconfirmed (due to the buyer's right to withdraw from the contract); confirmation will be provided promptly after sending it to the seller’s address along with a copy of the invoice or in person at the seller's premises. If the manufacturer does not provide a warranty card with the product, the tax document (invoice) will suffice.
5.4. Options for withdrawal for entrepreneurs – The buyer, if an entrepreneur, is not entitled to withdraw from the contract regarding goods that were delivered properly, on time, and without defects unless explicitly agreed with the seller.
5.5. Upon receiving the goods from the carrier, it is recommended to thoroughly inspect the goods immediately upon receipt. In the event that the packaging is damaged or other facts suggest that the goods themselves may be damaged, it is recommended not to accept the shipment or to make a damage report with the carrier's driver. A damage report will facilitate the resolution of any complaints.
5.6. Incomplete or damaged shipments must be reported immediately by email to sales@bateria.cz.
5.7. Bateria Slaný CZ, s.r.o. reserves the right to verify the identity of the buyer or the person authorized to pick up the goods during personal collection at the seller's premises and registered office, particularly in cases where the goods are prepaid by bank transfer or invoiced with payment terms.
5.8. Timeframes for goods dispatch – Goods deliveries will be carried out according to the availability of products and the seller’s operational capabilities as quickly as possible, usually within 7 business days for items in stock. If the goods are not in stock, the seller will dispatch the goods without undue delay after receiving the order. The buyer will be informed of the exact dispatch date in advance. Partial deliveries of the ordered goods are permissible unless otherwise specified in the order. The buyer may be asked for additional order confirmation or identity verification, which may delay the dispatch date.
5.9. Transfer of risk of damage to goods – The risk of damage to goods passes to the buyer at the moment of handing the goods over to the carrier. The buyer is obliged to check the condition of the goods’ packaging upon receipt from the carrier and promptly report any defects to the carrier and the seller.
6. Rights and Obligations Arising from Defective Performance
6.1. The legal relationships arising from the seller’s liability for defects are governed by the relevant provisions of generally binding legal regulations, particularly Sections 1914 to 1925, Sections 2099 et seq., and Sections 2161 et seq. of the Civil Code.
6.2. The seller is liable to the buyer that the goods have no defects upon receipt by the buyer. In particular, the seller guarantees that at the time the buyer receives the goods:
The goods have the properties that the parties have agreed upon, and in the absence of such an agreement, the goods possess the properties that the seller or manufacturer described or that the buyer expected considering the nature of the goods and based on the advertising carried out by them,
The goods are suitable for the purpose that the seller indicates or for which goods of this kind are normally used,
The goods correspond in quality or design to the agreed sample or model, if quality or design was determined according to an agreed sample or model,
The goods are in the appropriate quantity, measure, or weight, and
The goods comply with the requirements of legal regulations.
6.3. If the goods delivered by the seller do not have the properties stated in paragraph 6.2 of this article, the buyer may request the delivery of new goods without defects unless it is unreasonable due to the nature of the defect. If the defect concerns only a part of the goods, the buyer may only request the replacement of that part. If replacement is not possible, the buyer may withdraw from the purchase contract. If, however, it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to have the defect remedied free of charge. The buyer has the right to the delivery of new goods or replacement of parts even in the case of a remediable defect if the buyer cannot properly use the goods due to the recurrence of the defect after repair or due to a greater number of defects. In such a case, the buyer also has the right to withdraw from the purchase contract.
6.4. If the buyer does not withdraw from the purchase contract or does not claim the right to the delivery of new goods without defects or to repair, the buyer may request a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver new goods without defects, replace parts of the goods, or repair the goods, as well as in cases where the seller does not remedy the defect within a reasonable time or where remedying the defect would cause significant inconvenience to the buyer.
6.5. Unless a longer period is specified for the goods, the buyer is entitled to exercise the right from a defect that occurs in the goods within 24 months from the receipt of the goods. If the defect manifests itself within 12 months of receipt, the goods are deemed to have been defective upon receipt.
6.6. The buyer is not entitled to exercise the right from defective performance if the buyer knew before accepting the goods that they had a defect, or if the buyer caused the defect themselves.
6.7. The seller is not liable for a defect in the goods according to paragraph 6.2 of this article in the following cases:
for goods sold at a lower price due to a defect for which the lower price was agreed upon, and the buyer was informed of the defect by the seller before concluding the purchase contract,
due to wear and tear caused by normal use,
where it arises from the nature of the goods (e.g., for goods with a limited shelf life).
6.8. The seller is also not liable for defects in the goods that occur after 24 months from the receipt of the goods by the buyer.
6.9. The warranty period cannot be confused with the usual service life of the goods, i.e., the period during which the goods, with proper use, can be expected to last given their properties, intended use, and differences in intensity of use. Excessive use of goods may lead to a reduction in the normal service life of the goods compared to what is typically declared. The buyer acknowledges this by entering into the purchase contract.
6.10. If a defect is resolved by the seller replacing defective goods with new defect-free goods, no new warranty period applies to the new goods.
6.11. The right to claim liability for defects lapses in the following cases:
breaking of protective seals and labels on the goods,
mechanical damage to the goods,
damage to the goods caused by electrical overvoltage,
improper installation, handling, or operation, use contrary to the instructions or other documentation for use,
damage to the goods caused by natural disasters or force majeure,
damage to the goods caused by excessive use, use contrary to the conditions specified in the instructions or other documentation or general principles, or use in conditions that do not correspond to the temperature, dust, humidity, chemical, and mechanical influences of the environment intended by the seller or manufacturer, or improper storage of the goods,
damage to the goods by connecting them to a network that does not comply with relevant technical standards,
due to the natural decline of the battery capacity caused by its wear.
7. Complaint Handling
7.1. The buyer is obliged to submit a complaint to the seller or a person designated for repair without undue delay from the discovery of the defect, either in person (at the seller's premises or office) or in writing (including electronically), stating their contact information, a description of the defect, and a request for how the complaint should be handled.
7.2. The buyer must inform the seller of their chosen right when notifying them of the defect, or without undue delay after notification of the defect. A change of choice without the seller’s consent is only possible if the buyer requested the repair of a defect that proves to be irreparable.
7.3. If the buyer does not timely choose their right from a material breach of contract, they have the same rights as in the case of a non-material breach of contract.
7.4. The buyer is obliged to prove the purchase of the goods (preferably with a purchase receipt). The period for handling the complaint begins upon the delivery of the goods to the seller or the place designated for repair. The goods should be properly packed during transportation to avoid damage, and they should be clean and complete.
7.5. Complaints will be resolved without undue delay, no later than 30 calendar days from the date of submission of the complaint unless the seller agrees with the buyer on a longer period. After this period, the buyer has the same rights as in the case of a material breach of contract.
7.6. If the defect cannot be rectified but does not prevent the proper use of the product, the buyer may request a reasonable discount on the price or withdraw from the contract.
7.7. The warranty period is extended by the period from the filing of the complaint until its resolution or until the buyer was obliged to collect the item. In the case of an unjustified complaint, the warranty period is not extended.
7.8. The seller will inform the buyer about the resolution of the complaint by SMS, email, or phone.
7.9. After resolving the complaint, the seller will issue a written confirmation to the consumer about the repair and its duration. In the case of a rejected complaint, the seller will issue a written explanation of the rejection.
7.10. In the case of a justified complaint, the buyer is entitled to reimbursement of the necessary costs incurred.
8. Withdrawal from the Purchase Contract
8.1. In accordance with Section 1829(1) of the Civil Code, the consumer has the right to withdraw from the contract within 14 days of receiving the goods without stating any reason, provided that the contract was concluded via distance communication (using remote communication tools – in the online store).
8.2. The seller further allows the buyer to withdraw from the purchase contract – order, even at any time before the goods are dispatched, without any penalty. The order can be canceled either by phone (+420 720 838 482) or via email at sales@bateria.cz.
8.3. If the goods are purchased as part of a commercial or business activity, the right to withdraw from the contract does not apply.
8.4. The withdrawal from the purchase contract must be sent to the seller within the period specified in Article 8.1 (Bateria Slaný CZ, s.r.o., Průmyslová 11/1472, 102 00 Prague, email: sales@bateria.cz) in the form of a unilateral legal action (for example, via a postal service provider or email). The withdrawal should include the buyer's statement that they are withdrawing from the purchase contract (including the order number and date, and the bank account details where the refunded purchase price or part of it should be sent). A withdrawal form, which is part of these Terms and Conditions, can also be used for the purpose of withdrawal.
8.5. If the buyer withdraws from the contract, the seller will refund all payments received from the buyer, including delivery costs (except for any additional costs incurred due to the chosen method of delivery that differs from the least expensive standard delivery method offered by the seller), without undue delay, and no later than 14 days from the day the seller was informed of the buyer's decision to withdraw from the contract. Refunds will be made using a bank transfer or postal order, unless the parties agree otherwise. The seller is not obligated to return the funds received before the buyer has returned the goods or has proved that they sent the goods to the seller.
8.6. The buyer must return the goods without undue delay, no later than 14 days from the day they notified the seller of their withdrawal from the contract, to the following address: Bateria Slaný CZ, s.r.o., Průmyslová 11/1472, 102 00 Prague.
8.7. The buyer bears the direct costs associated with returning the goods. The returned goods should be carefully packed to avoid damage during transport. Do not send the goods back as cash on delivery; such a shipment will be refused.
8.8. The buyer acknowledges that if the returned goods are damaged, worn, or partially consumed, the seller is entitled to claim compensation from the buyer for the damage caused. The consumer is responsible for any reduction in the value of the goods resulting from handling the goods beyond what is necessary to ascertain their nature and characteristics, including their functionality. If a gift was provided with the goods, the buyer is obligated to return the gift to the seller along with the goods. The seller is entitled to offset any compensation for damage against the buyer’s claim for a refund of the purchase price. Normal damage to the original packaging resulting from unpacking the goods is not considered a reduction in the value of the goods.
8.9. In addition to cases where withdrawal from the contract is explicitly agreed upon, the consumer is not entitled to withdraw from the contract, in particular for contracts:
a) for the provision of services, if they have been fully performed with the consumer’s prior explicit consent before the withdrawal period expires, and the seller informed the consumer before concluding the contract that they would lose the right to withdraw in such cases,
b) for the supply of goods or services whose price depends on fluctuations in the financial market that are beyond the seller’s control and may occur within the withdrawal period,
c) for the supply of alcoholic beverages, which may only be delivered after thirty days, and whose price depends on fluctuations in the financial market that are beyond the seller’s control,
d) for the supply of goods customized according to the consumer’s wishes or made specifically for the consumer,
e) for the supply of goods that are perishable or have been irreversibly mixed with other goods after delivery,
f) for repairs or maintenance carried out at the consumer’s request at a location specified by the consumer; this does not apply in cases where subsequent repairs or the supply of other than requested spare parts are performed,
g) for the supply of goods in sealed packaging that the consumer has unsealed and which cannot be returned for hygienic reasons,
h) for the supply of audio or video recordings or computer programs, if the original packaging has been breached by the consumer,
i) for the supply of newspapers, periodicals, or magazines,
j) for accommodation, transport, catering, or leisure services, if the seller provides such services at a specific date or period,
k) concluded on the basis of a public auction in accordance with the law governing public auctions, or
l) for the supply of digital content that is not supplied on a tangible medium, if its supply has begun with the consumer’s prior explicit consent before the withdrawal period expires, and the seller informed the consumer before concluding the contract that they would lose the right to withdraw in such cases.
9. Alternative Dispute Resolution
9.1. In the event of a dispute between the seller and the buyer arising from the purchase contract, the buyer, as a consumer, has the right to alternative dispute resolution in accordance with Act No. 634/1992 Coll., on Consumer Protection, as amended, via a proposal to the entity ensuring out-of-court resolution of consumer disputes, known as ADR (alternative dispute resolution), which is:
Czech Trade Inspection Authority,
Headquarters: Štěpánská 567/15, 120 00 Prague 2,
Company Registration Number: IČ: 00 02 0869,
Email: adr@coi.cz,
Website: www.adr.coi.cz
9.2. The aim of the out-of-court resolution of consumer disputes is to reach an amicable settlement and an agreement between the parties. ADR at the Czech Trade Inspection Authority is a notified body for out-of-court resolution of consumer disputes, registered on the list of the European Commission.
9.3. The consumer may also use the online dispute resolution platform established by the European Commission at the address http://ec.europa.eu/consumers/odr/
10. Final Provisions
10.1. The purchase contract is concluded in the Czech language and in English. If a translation of the contract text is required for the buyer, it is understood that in the event of a dispute over the interpretation of terms, the interpretation of the contract in Czech shall prevail.
10.2. These Terms and Conditions are an integral part of the purchase contract and are available for the buyer to review at the seller's premises and office, or electronically on www.bateria.cz.
10.3. An attachment to these Terms and Conditions includes a sample form for withdrawal from the purchase contract and the Complaints Procedure.
10.4. These Terms and Conditions come into effect on October 14, 2024, and supersede all previous versions of the Terms and Conditions, including their parts and practices. The seller reserves the right to amend these Terms and Conditions without prior notice (however, such amendments will not affect contracts already concluded or orders already placed, for which the version of the Terms and Conditions in effect at the time of contract conclusion applies).
10.5. Contract Archiving - The concluded purchase contract is archived by the seller for a period of at least five years from its conclusion, but no longer than the period stipulated by applicable legal regulations. The purchase contract is not accessible to third parties, except as required by law.