General Terms and Conditions for the Guaranteed Buyback service
1. Opening Provisions
IKEA Česká republika, s. r. o. is a member of the IKEA Group and in its stores it offers customers the sale of furniture and a wide range of household accessories, including services. For this purpose, IKEA Česká republika, s. r. o., with its registered office at Skandinávská 131/1, 155 00 Praha 5, tax ID no.: 27081052, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 94828 (“IKEA”), issues these General Terms and Conditions for Guaranteed Buyback, which enter into effect on 21 January 2020 and replace the previous version of these Terms and Conditions.
The Company reserves the right to alter and amend these General Terms and Conditions for Guaranteed Buyback at its own discretion.
Any alterations or amendments to these General Terms and Conditions ("GTC") shall not affect Purchase Agreements concluded prior to the day on which such alterations or amendments come into effect. These GTC are governed by Act no. 89/2012 Coll., the Civil Code, and constitute an integral part of every Purchase Agreement concluded between the Company and its customers ("Customer"). By agreeing to hand a product over to Guaranteed Buyback the Customer confirms that they are familiar with its contents and accept them without reservation. The Company and the Customer enter into a Purchase Agreement based on payment of the purchase price.2. Customer Declaration
The Customer hereby declares and guarantees to the Company that they are a member of IKEA Family and that the product has no legal defects, i.e. that, in particular, it is not subject to a lien, other rights of use, or any other third-party rights. The Customer further declares that no proceedings for the implementation of a decision or distraint proceedings are being conducted against them, that the product is not burdened with a distraint order or the implementation of a decision through the sale of movable assets, and that the product is not listed in a register of movable assets acquired by a bailiff or debt collector. If the product is jointly owned by a married couple, the Customer hereby declares that they have informed their spouse of the intended sale of the product under the terms and conditions for Guaranteed Buyback. In the event that this declaration is untrue, the Customer is obliged to compensate the Company for all damage incurred. The Customer further declares that the product comes from a non-smoking environment. The Customer hereby declares that they shall not intentionally misuse the Service for their own enrichment. IKEA shall deem this a breach of the rules of the service and shall refuse to purchase the goods.
3. Liability for Defects
The Customer shall bear liability for defects in the product at the time of handover to the Company, with the exception of defects that the Company would have been able to recognise while taking normal notice during Guaranteed Buyback, unless these defects were concealed from the Company by the Customer, or the Customer has the Company of the non-existence such defects. The Company accepts normal wear and tear when buying back goods.
In the event of the finding of any defects for which the Customer bears liability, the Company shall be entitled to withdraw from the right to Guaranteed Buyback. The Customer further declares that the product was not purchased in the Discounted Goods department.4. Handover of Product and Transfer of Risk for Product
The Customer shall present their IKEA Family card when handing over the product. By handing over the product to the Company, the Customer agrees to the price stipulated in the price list (web calculator) according to the product parameters (article number and length of ownership of product). The Customer shall receive the appropriate amount on their IKEA card. Risk for the product is transferred to the Company at the moment of acceptance of the product by the Company.
5. Withdrawal
In addition to the reasons stated in the law or other provisions of these GTC, the Company is also entitled to withdraw from Guaranteed Buyback following the sale of the product to a new owner if it emerges that any of the declarations made by the Customer in these GTC was untrue, irrespective of whether the Customer was aware of this fact or not at the time of agreeing the Guaranteed Buyback. If the effectiveness of Guaranteed Buyback ceases, the Customer is obliged to take back the product from the Company no more than 5 (five) working days from the end of the effectiveness of Guaranteed Buyback. In the opposite case, a storage fee of 80 Kč/day shall be charged. In such a case the Customer is obliged to return the discount card to the Company.
6. Information Service
The Company shall respond to Customers' queries 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.
7. Privacy Policy
In accordance with valid personal data protection regulations, the Company shall process the personal data of the Customer for the purposes of fulfilling the contract for the period necessary for its fulfilment, settlement of any claims of the Customer due to defective performance, and if processing is required due to statutory regulations (in particular taxation laws). The legal basis for processing is the contract concluded between the Customer and the Company.
The provision of personal data is required in order to conclude a contract. However, if the Customer does not provide their data, it will not be possible to provide the Guaranteed Buyback service. The Customer has the right to access to their personal data and the right to their alteration, deletion, restriction of their processing and their transferability, or to raise an objection to their processing. The Customer can assert these rights through the following contacts. The Customer has the right to file a complaint with the supervisory body for the protection of personal data, which is the Office for Personal Data Protection. Its address and contact details can be found at www.uoou.cz.8. Customer Satisfaction Survey and Offer of Products and Services
The Company shall use the Customer's personal contact details for a customer satisfaction survey and to offer its products and services based on its justified interest. The Customer has the right to refuse such communication, either when concluding the contract or through the contacts listed below. Personal data used for the purposes of evaluating customer satisfaction shall be stored for a period of 1 year.
9. Contacts for the Assertion of Rights
In writing to Privacy Policy, IKEA Česká republika, s. r. o., Skandinávská 15a, 155 00 Praha, or by e-mail to [email protected].
10. Closing Provisions
The authorised supervisory body is the Czech Trade Inspection Authority. Any consumer disputes between the Company and the Customer concerning obligations arising from Order concluded can be resolved out of court. The subject for the out-of-court resolution of disputes is the Czech Trade Inspection Authority (www.coi.cz).