General Terms and Conditions for Online Shopping
1. Opening Provisions
These General Terms and Conditions (the "GTC") of IKEA Česká republika, s.r.o., with its registered office at Skandinávská 131/1, 155 00 Praha 5-Zličín, tax ID no. 270 81 052, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 94828 (the “Company”) shall enter into force and effect on 21 August 2020. The Company reserves the right to amend and supplement these General Terms and Conditions at its discretion. Amendments to these GTC shall be published on the website: www.IKEA.cz. Any amendments and supplements to these General Terms and Conditions shall not apply to goods orders placed before the effective date of such amendment or supplement.
These GTC apply to purchases in the online store at www.IKEA.cz. The GTC further define and specify the rights and obligations of the Company as the vendor and the customer as the purchaser (the "Customer"). All contractual relations between the Company and Customers are governed by Czech law.
2. The Consumer is the Customer
A consumer is any person who, outside the scope of their business activity or outside the scope of independent performance of their profession, enters into a contract or otherwise deals with the Company. By placing an order, the Customer confirms that they have read these GTC prior to entering into the contract and that they expressly agree with them, as amended and effective at the time of sending the order.
The Customer acknowledges that the purchase of products that form part of the Company's commercial offer does not grant them any rights to use trademarks, trade names, company logos, etc. of the Company or the Company's contractual partners, unless expressly agreed otherwise in a special agreement.
3. Ordering Goods
All presentation of goods placed on the online interface at www.IKEA.cz is of an informative nature. Section 1732 (2) of the Civil Code shall not apply and the presentation of goods does not constitute an offer within the meaning of this provision.
The Customer orders goods by placing their chosen goods in the shopping bag and filling in the order form. The Company reserves the right to restrict the number of pieces of certain goods that the Customer can purchase when purchasing goods in the www.IKEA.cz online store. This restriction shall be indicated in the offer of the goods in question. Before placing the order, the Customer can check all the data entered and change it if necessary. The Customer places an order by clicking on the "Binding order" button.
The sending of an order by the Customer does not cause the creation of a purchase agreement. The purchase agreement is created when the Company confirms the Customer's order. From this moment, mutual rights and obligations arise between the Customer and the Company, which are defined by the purchase agreement and these GTC, and which constitute an integral part of the purchase agreement. The conclusion of a purchase contract without negotiation of all of its requisites as laid out by the Civil Code is excluded under Section 1726 of the Civil Code. Furthermore, in accordance with the provisions of Section 1740 (3) of the Civil Code, the Company excludes the acceptance of an offer with an amendment or deviation. Upon completion of the order, the Customer is immediately sent e-mail confirmation of the order. The current version of the GTC and the Company's Claims Procedure will be attached to this confirmation in PDF format.
The concluded agreement is archived by the Company solely for the purpose of its successful fulfilment and the fulfilment of any obligations arising from liability for defects, and is not accessible to the Customer or third parties. The purchase agreement is made out in Czech.
4. Ownership of Goods
Under the purchase agreement, the Company undertakes to hand over to the Customer the goods which are the subject of the purchase and to enable them to acquire ownership of it, and the Customer undertakes to receive the goods and pay the purchase price to the Company.
The Company reserves the right of ownership of the item, and the Customer therefore only becomes the owner on full payment of the purchase price. The Company shall hand over the goods to the Customer, as well as the documents relating to the goods, and shall enable the Customer to acquire ownership of the goods in accordance with the contract.
The goods are delivered to the Customer at the moment they are handed over to them by the Carrier.
5. Delivery Methods
The Company provides the following delivery methods:
- Delivery of goods - personal pick up (at the Company's premises, external Pick up Point or IKEA Drive)
- Delivery of goods - home delivery
The Customer chooses the method of delivery of goods in the order.
6. Delivery of goods - personal pick up
If the goods are in stock, the delivery time is usually three store opening days from confirmation of the order. In exceptional cases, or if the goods are not in stock, the delivery time may be longer, of which the Customer will be notified immediately after this fact is discovered.
Delivery does not include the assembly or installation of goods. Together with the goods, the Customer shall receive instructions in Czech for the installation and use of the goods. These instructions are also available for the offer of the relevant goods in the www.IKEA.cz online store.
The Customer is obliged to carefully check the integrity of the packaging upon receipt of the goods at all times. In the event that the packaging is damaged, the Customer shall notify the Company co-worker responsible for the delivery of the goods, and the Customer shall receive the goods with undamaged packaging.
The place of delivery are the premises of the Company. The specific place of delivery of the goods in the order shall be determined by the Customer. The Customer is obliged to pick up goods delivered in this way within three store opening days from the day on which the Company confirms to them that the goods are ready for pick up, otherwise the order is considered cancelled. In such a case, the Company shall refund the money using the same means as the original payment.
It is possible to pick up goods in person
a) at the following premises of the Company:
Brno: IKEA Store, Skandinávská 4, 619 00 Brno-Dolní Heršpice
Ostrava: IKEA Store, Rudná 110, 700 30 Ostrava - Zábřeh or IKEA Pick up Point, Lihovarská 690/40b, 718 00 Ostrava - Kunčičky
Praha-Černý Most: IKEA Store, Chlumecká 10/664, 198 00 Praha 9
Prague-Zličín: IKEA Store, Skandinávská 1, 155 00 Praha 5
b) at an external Pick up Point:
Hradec Králové: Pick up Point, Kutnohorská 226, 500 04 Hradec Králové
Liberec: Pick up Point, Budyšínská 1400, 460 01 Liberec
Zlín: Pick up Point, Jateční 169, 760 01 Zlín7. Delivery of Goods - Home Delivery
If the Customer chooses to have the goods delivered to a destination, the Company will arrange the transport of the goods within the Czech Republic to the address specified by the Customer in the order (max. one flat). The Customer shall state in the order the contact details that are necessary for the successful transport of the goods, i.e. name, surname, telephone number, address of the place of delivery of the goods, quantity and name of the delivered goods and, if applicable, e-mail address.
If the goods are in stock, the delivery time is usually within seven days of order confirmation. In exceptional cases, or if the goods are not in stock, the delivery time may be longer, of which the Customer will be notified immediately after this fact is discovered.
In the order, the Customer also selects the preferred date and time of delivery of the goods, which is subsequently confirmed by the Company. The customer is obliged to ensure receipt of the goods within this period.
Delivery is provided by the Company for the IKEA Praha-Zličín store. The Company realises delivery through its contractual partner Hral s.r.o. (the “Carrier”) for the IKEA Ostrava and IKEA Brno stores and for the IKEA Praha-Černý Most store.
In the case of a Delivery with a maximum weight of up to 30 kg, the Company provides delivery through its contractual partner PPL CZ s.r.o. (the "Carrier") for all stores in the Czech Republic. The online ordering system automatically offers a price for the delivery of goods with the following parameters:
Maximum weight of the Delivery: 30 kg
Maximum length (longest side) of Delivery: 200 cm
Maximum circumferential length of Delivery: 360 cm
Formula for calculating the circumferential length: 2× width + 2× height + 1× length.The Company reserves the right to exclude fragile goods and goods that are difficult to handle from the Service.
Delivery does not include the assembly or installation of goods. Together with the goods, the Customer shall receive instructions in Czech for the installation and use of the goods. These instructions are also available for the offer of the relevant goods in the www.IKEA.cz online store.
The Company is obliged to deliver goods with a maximum weight of 30 kg within three working days of receiving an order. Deliveries are realised between 09.00 am and 06.00 pm on working days. The Customer is informed of the exact delivery date by the Carrier by means of a short text message. The Customer has the right to agree another delivery date with the Carrier.
The Customer is obliged to accept the delivered goods from the Carrier. If the Customer wishes to have the goods delivered again, they must place a new order for the delivery service.
The Customer is obliged to ensure that there is enough space for the safe delivery of goods at the entrance to the house and flat and in the corridor at the place of delivery of goods. In the case of deliveries with a maximum weight of up to 30 kg, the Delivery shall be handed over as a package in front of the building and shall not be delivered to the place specified by the Customer.
Upon receipt of the goods, the Customer is obliged to carefully check the integrity of the packaging and the number of delivered pieces at all times. The Carrier will provide the Customer with a reasonable period of time for inspection. In the delivery document (the "Bill of Delivery"), the Customer confirms with their signature the correctness of the delivery, i.e. that the correct number of pieces of goods has been delivered and that it is not visibly damaged. If the goods are incomplete or are visibly damaged, the Customer shall state in the Delivery Note a record of the incompleteness of or damage to the goods with a description of the missing goods or damage caused. The record of the incompleteness of or damage to goods does not constitute a claim for damages. The Customer has the right to compensation for damage caused to the delivered goods in the period from the receipt of the goods by the Carrier from the Company until the time of receipt of the goods by the Customer from the Carrier.
When exercising the right to compensation, the Customer shall submit to the Company a Delivery Note, which, in case of incomplete or visibly damaged delivery of Goods, shall include a record of the incompleteness of or damage to the goods and, if applicable, photographic documentation of the damaged goods. IKEA shall process asserted rights to compensation for damage within 30 days of their assertion.
In the event of the loss or destruction of goods during the delivery process, the Customer shall receive replacement goods from the Company. If this is not possible, the Company shall reimburse the Customer for the price of the goods at the time when they were handed over to the Carrier.
The Company bears no liability for delays in the delivery of Goods that are caused by the provision of incomplete contact details by the Customer. Subsequent claims for visible damage to and incompleteness of Goods caused during delivery shall be ignored if the Goods are accepted by the Customer as perfect and complete. These GTC do not apply to claims for defects in goods (i.e. for defects in goods not caused during the delivery process); Customers are referred to the Company's Claims Procedure.
8. Payment Terms
The Customer may pay the purchase price online by payment card or simplified bank transfer, or may choose to pay by payment card upon delivery of goods (this option is only available for orders with delivery worth up to 30,000 Kč incl. VAT). The Company shall prepare goods for pick up only after the purchase price has been credited in full to the Company's account or the Customer confirms acceptance of payment on delivery. All prices of goods are final and are inclusive of VAT and other fees that the Customer is obliged to pay for the goods. In the event that the goods from the order are located in an external warehouse or in the warehouse of a store to which Customers do not have access, Customers purchasing goods via Online Shopping shall not pay for the pick up service according to the price list. All goods are delivered with the original cash document (receipt). If the Customer requires an invoice (tax document), they can request it on the infoline at 234 567 890 or by e-mail at IKEA.cz/napistenam. The Company reserves the right to make changes in its online store, including changes to the purchase price. The purchase price of promotional goods, goods on sale or goods offered as part of leaflet promotions displayed on www.IKEA.cz applies to the number of promotional items specified in the offer, for the specified period of time, or until stocks run out. The purchase price is valid at the time of ordering the goods. If the goods that are part of the order are, at the time of ordering, part of a promotion at your chosen store, the Company shall refund the overpayment on the price of those products to the bank account from which the order was paid.
9. Withdrawal from the Contract by the Customer
The Customer is entitled to withdraw from a purchase agreement at any time prior to delivery of the goods without stating a reason on the infoline at the telephone number: +420 296 181 650 or at IKEA.cz/napistenam every day, or at any of the Company's stores in the Czech Republic.
In accordance with Section 1829 of the Civil Code, the Customer has the right to withdraw from the Contract without stating a reason within 14 days of receipt of the goods, or from the receipt of the last delivery of goods, if the content of the purchase contains several types of goods or the goods consist of several parts (it is sufficient to send notice of withdrawal to www.IKEA.cz/napistenam on the fourteenth day of the notice period). The Customer can, but is not obliged to, use the specimen form for withdrawal from the contract. The withdrawal form is attached to the order confirmation.
If the Customer decides to withdraw within this period, the Company shall refund the purchase price and other payments received from the Customer, including the cost of the best-priced delivery method offered. IKEA shall use the same means of payment for refunds as that used by the Customer to make the initial transaction, unless the Customer has expressly stated otherwise. In no case will the Customer incur additional costs.
If the Customer withdraws from only a part of the contract, the Company shall return the purchase price of the returned goods. Further payments are refunded by the Company only in the amount of the difference if the Customer falls to a lower price level for the price of delivery by withdrawing from part of the contract. In this case, the Company returns the difference between these price levels.
The Company shall use the same means of payment for refunds as that used by the Customer to make the initial transaction, unless the Customer has expressly stated otherwise.
The Company shall return the paid portion of the purchase price to the Customer only following receipt of the returned goods or after the Customer has proven that they have sent the goods back, whichever occurs first. The Customer shall return the goods to the Company without undue delay, and no later than within 14 days from the date of withdrawal from the contract, to the premises of the Company in which they created the order. The deadline is deemed to have been observed if the Customer sends the goods back before the expiration of the fourteen-day period.
Under Section 1829 of the Civil Code, direct costs associated with the return of the goods upon withdrawal from a purchase agreement shall be borne by the Customer. The Customer is liable for any reduction in the value of goods as a result of handling the goods in a manner other than that which is necessary to become familiar with the nature and properties of the goods, including their functionality. In this case, the Company reserves the right to unilaterally offset its claim for damages caused by a reduction in the value of the goods against the Customer's claim for a refund of the purchase price.
At an external Pick up Point, it is possible to withdraw from an agreement only in the case of orders that have been specified by the Customer for the relevant Pick up Point. The Customer is obliged to contact the IKEA Customer Support Centre in advance.
The Customer is not entitled to withdraw from a concluded agreement in the cases specified in Section 1837 of the Civil Code, and in particular they may not withdraw from an agreement:
- for the delivery of goods in a closed package, which the Customer has removed from the package, and which may not be returned for hygienic reasons,
- for the delivery of goods that have been modified according to the Customer's wishes or for their person.
10. Return of Goods within 365 days
The Customer is entitled to return goods purchased in the www.IKEA.cz online store even after the expiry of the fourteen-day period of mentioned above no later than 365 days from the receipt of the goods, or from the acceptance of the last delivery of goods, if the content of the purchase is several types of goods or the goods consist of several parts, under the conditions laid down by the Company in the Claims Procedure. The Customer may only exercise this right at premises of the Company.
11. Claims
Any claims in relation to goods are resolved in accordance with the Company's Claims Procedure.
12. Withdrawal from the Contract by the Company
The Company is entitled to withdraw from the contract entered into with the Customer if the goods have been discontinued or are no longer delivered or if the supplier is unable to deliver the goods to the Company at the original stated price, and also in case of obvious error in the purchase price of goods. (i.e. prices are evidently different than that typical for that type of goods).
An obvious error in the purchase price of goods is considered to be, for example, a purchase price that is one digit (order) lower than usual (i.e. when one digit "goes missing" when entering the price); an obviously low price for goods (e.g. purchase price is 50 % lower than is usual for that type of goods without stating that the goods are a sale or part of another promotion); and other obvious errors in writing, obvious errors in the description of the goods, picture, etc.
In the event that the Company decides to exercise its right to withdraw from the purchase agreement, it will immediately inform the Customer thereof. In the event of withdrawal from the contract, the Company shall return the purchase price already paid to the Customer as soon as possible, but no later than ten working days following withdrawal from the contract, to a bank account of which the Customer shall inform the Company in writing (by e-mail), unless agreed otherwise agreed (return of payment in cash).
13. Privacy policy
In accordance with the valid regulations on the protection of personal data, the Company shall process the personal data of the Customer as stated in the Order for the purposes of fulfilling the contract for the period necessary for its fulfilment, the processing of any claims asserted by the Customer due to defects, and in cases where such processing is required in accordance with statutory regulations (chiefly taxation regulations). The legal basis of such processing is the contract entered into between the Customer and the Company. The recipients of personal data are the contractual partners of the Company that facilitate fulfilment of the Order.
The provision of personal data is required for the conclusion of a contract, but in the event that the Customer does not provide their data for this purpose, the Order cannot be processed.
The Customer has the right to access their personal data, the right to correct, delete or restrict its processing, the right to its portability, and the right to object to its processing. The Customer may assert this right through the contacts listed below. The Customer has the right to submit a complaint to the supervisory body for the protection of personal data, which is the Czech Trade Inspection Authority, the registered address and contact data for which can be found at www.uoou.cz.
14. Customer satisfaction survey and offers of products and services
The Company shall use the Customer's contact information for the purposes of a customer satisfaction survey and to offer its products and services on the basis of its justified interest. The Customer has the right to refuse such communication, either when entering into the contract or through the contacts listed below. Personal data shall be stored for one year for the purpose of evaluating customer satisfaction.
15. Contacts for the assertion of rights
In writing at Privacy Policy, IKEA Česká republika, s.r.o., Skandinávská 15a, 155 00 Praha, or by e-mail at [email protected].
16. Closing Provisions
The authorised supervisory body is the Czech Trade Inspection Authority.
Any consumer disputes between the Company and the Customer (consumer) regarding obligations from purchase agreements entered into on the online store www.IKEA.cz can be resolved out of court. The subject of the out-of-court settlement of these disputes is the Czech Trade Inspection Authority (www.coi.cz; https://adr.coi.cz/cs).
The online consumer dispute resolution platform at https://webgate.ec.europa.eu/odr can also be used.