TAC | LOKNI

Terms and conditions for the LOKNI services

I. Basic provisions

1. Provider. These terms and conditions of the LOKNI services (hereinafter referred to as “conditions”) have been published according to § 1751 and also Act No. 89/2012 of the legal code, civil code, as subsequently amended (hereinafter referred to as “civil code”), by the company

LOKNI s.r.o.
IČO: 025 08 991
DIČ: CZ02508991
based in Vratislavova 4/27, 128 00 Praha 2
registered at the Municipal Court in Prague, C 220255

contact details
e-mail: info@lokni.cz
phone: +420 725 122 310
website: www.lokni.cz

(hereinafter referred to as “provider”).

2. Services. The provider operates a network of filtration devices for sparkling and still water which can be used by:

a) registered users who utilize the mobile application LOKNI (hereinafter referred to as “application”) on condition that they either had paid a lump sum fee or for free in case they use the sponsored part of the filtration devices network;

b) non-registered users on condition that they had paid a one-time fee on the NAYAX payment terminal situated at the particular filtration device.

(operation of the filtration devices and the application together with all the related services hereinafter referred to as “services”).

Parts of the network of filtration devices can be operated apart from the provider also by different business partners of the provider.

3. Availability of the application. The application is available for iOS and Android. For downloading the application via a distribution service of a third subject (for example App Store or Google Play), the conditions of the provider of such a distribution service can be also valid.

II. Concluding a contract

1. Agreement with the conditions. By installing and using the application the user manifests their consent to the conditions and confirms that he has got acquainted with their content.

2. Contract. The provider by means of these conditions makes a public offer for concluding a contract on the conditions mentioned herein. The contract about providing the services (hereinafter referred to as “contract”) will be concluded between the user and provider at the moment when the registered user confirms the selection of a particular tariff and the non-registered user pays the fee for the service on the payment terminal. The registered user is eligible to use the services according a particular tariff after the price of the selected tariff has been credited to the account of the provider.

3. Language of the contract. The contract is concluded in Czech or English language.

4. Publishing the conditions. These conditions are made available to the user via the application or on the website https://lokni.cz/vop/, and in a format which enables the user to save them locally in their device and display them later.

5. Saving the contract. The provider saves the text of this contract represented primarily by these conditions or as the case may be by describing of the selected tariff in an electronic form. The user can get acquainted with these conditions and conditions of the tariffs right in the application at any time.

6. Unentitled service. The user does not have any legal claim to conclude the contract.

III. User account

1. Registration. Based on the registration of the user in the application, the registered user can access their user account. By means of their user account the registered user can identify themself to consume water in the network of filtration devices.

2. Data. When registering to the user account and using the application the user is obliged to enter all the data correctly and truthfully. The registered user is obliged to update the data entered in the user account when they get changed.

3. Credentials. The access to the user account is secured by a username and a password. The registered user is obliged to maintain confidentiality regarding the information necessary to access their user account. The provider is not responsible for potential abuse of the user account by a third party.

4. Third party. The registered user is not entitled to allow a third party to use their user account.

5. Cancellation of the account. The provider can cancel the user account, namely when the registered user is not using the account any longer or if they infringe their obligations following from these conditions.

IV. Application and services

1. Functionality of the application. The application is used by the registered user namely to log in at the filtration devices using the QR code, displaying the statistics on water consumption of a particular registered user, displaying advertisement banners and the information on rewards. The provider can add new functions and change the current functions or cancel them without compensation.

2. Availability. The user takes into account that neither the application nor the services have to be available ceaselessly, namely due to necessary maintenance of the hardware and software equipment of the provider, or due to necessary maintenance of the hardware and software equipment of the third parties or due to the opening hours and operation limits of the places where the filtration devices are located.

3. Right to changes. The provider reserves the right to use their discretion to change the range of the provided services.

V. Terms of payment

1. Conditions and prices. The registered user is entitled to choose from the tariffs mentioned in the application and/or in the e-shop of the provider, which is available on the website https://www.lokni.cz. The conditions of using individual tariffs (e.g. daily amount of available water consumption and the range of the available network of filtration devices) and their prices are stated right in the application and/or in the e-shop of the provider. The non-registered user pays the price stated at the filtration device after they had selected the desired volume of water they are going to draw.

2. Means of payment. The registered user can pay price of the tariff by transfer via the GoPay payment gateway. The non-registered user pays the price of the water they draw via the NAYAX payment terminal situated on the filtration device. The user follows the instructions of the relevant provider of the electronic means of payment.

3. Right to changes. The provider reserves the right to change unilaterally the conditions of usage and the prices of the individual tariffs or the volumes of the one-time drawn water, namely for business reasons or due to changes in the cost of the operation of the network of filtration devices.

VI. Sale of goods

1. Means of delivery. The goods are delivered to the user:

via an issuing office at the address of an issuing office which the user had chosen,
by means of personal collection in the business premises of the provider.

2. Tax document. The provider will issue a tax document to the registered user. The tax document will be sent to the e-mail address of the registered user. Upon the one-time purchase of the non-registered user, the provider will issue the tax document only based on a written request delivered to the email address info@lokni.cz together with a scan of the receipt to the payment card confirming the completion of the payment – the payment for the goods – on the payment terminal situated on the filtration device. The tax document will be sent to the email address from which the request had been sent.

3. Other matters. Regarding the questions related to the sale of goods which are not literally regulated in these conditions, the general terms and conditions of the provider available on the website https://www.lokni-shop.com/o-nakupu/obchodni-podminky/ will be used.

VII. Licence and using the services

1. Reservation of the rights. All the rights to the application and other content of the services, namely the copyright to the content, including the layout of the pages, photographs, films, graphics, trademarks, logo and any other content or components belong to the provider. It is forbidden to copy, adapt or anyhow use the application and services or their parts without the consent of the provider contrary to their purpose.

2. Licence. For the period of the contract the user obtains the non-exclusive and non-transferable right to use the application, which represents an author’s work protected by the act No. 121/2000 of the legal code, on copyright, on rights related to copyright and on changes of some acts (authorial law), as subsequently amended. The user is not entitled to grant sublicenses.

3. Prohibition of interventions. The provider is not responsible for the errors which result from the intervention of third parties to the application or from using the application contrary to its purpose. The user is forbidden to use the application in a way which would negatively influence its operation and cannot perform any activity which would enable them or any third party to intervene without authorisation or wrongfully use the services or application or its parts in a way which would be contrary to their purposes.

VIII. Technical requirements

1. Data and updates. For the proper operation of the application and providing of the services it is required that the device of the user works properly including the data transmission and operation of their used mobile network. Furthermore, it is necessary to update the operation system as well as the application of the user on regular basis.

2. Liability of the user. It is up to the user to ensure the technical requirements and it is not subject to the performance of the contract on the side of the provider. The user is solely responsible for the expenses related to that.

3. Liability of the provider. The provider cannot be taken responsible if the application is not fully compatible with a different software or hardware. Namely with older devices it is possible that they will no longer be in compliance with the requirements of the application, which will either stop operating or will operate only to a certain limited extent.

IX. Misuse of the services

1. For the designated purposes only. The user can use the services only for the purposes for which they had been designated by the provider. Violation of this obligation represents a misuse of the services.

2. Examples of the misuse of services. The misuse of the services is considered to be namely

a) deliberate stating of incorrect or misleading data;
b) circumventing the technical security of the services;
c) using the services for commercial purposes;
d) using the services to send unrequested communication, spam or communication containing inappropriate, deceptive or harmful content or content which would impair the provider or third parties or would be contrary to good manners; and
e) activities which could result in overload or disruption of stability, security or operation of the application or providing of the services.

3. Rights of the provider. In case of the misuse of the services the provider can block providing the services to the user. The provider can also block or remove a content which causes or leads to misuse of the services. No other rights of the provider in relation to the user (e.g. the right for compensation of damage or other detriment or the right for surrender of unwarranted self-enrichment) are affected by this.

X. Term of the contract

1. Duration of the contract. The contract is concluded for the duration mentioned in the conditions of the selected tariff. In case of sponsored tariffs, the contract is concluded for the duration of the tariff supported by the relevant sponsor.

2. Termination from the side of the user. The contract can be terminated by the notice on the part of the user only in case of the unilateral change of these conditions. The notice period is two months and starts on the first day of the month following the delivery of the notice to the provider.

3. Termination from the side of the provider. The mere end of providing the services to the user is considered to be the notice on the part of the provider, in case it is not just a mere failure of the services or it is not clear from the circumstances that the providing is to be renewed later. The end of the operation of the filtration devices in a certain locality is not considered a notice. The notice period is not applicable.

XI. Withdrawal from a contract

1. The right of the user for withdrawal. The user who concluded a contract by means of distance communication and not within their business activities as a consumer has got the right to withdraw from the contract before the first use of the filtration device but within a two-week period from the moment when the contract was concluded, without the necessity to mention the reason and without any sanctions. In order to fulfil the period for the withdrawal from the contract the user has to send the provider a notice about the withdrawal.

2. Request for providing the services without delay. The user requests the imminent commencement of providing the services after the contract has been concluded in the sense of article II of these conditions, i.e. before the end of the period for withdrawal.

3. Sample form. For the withdrawal from the contract the user can use the sample form for withdrawal from the contract, which is the attachment of these conditions.

4. Procedures of the withdrawal. The user sends the withdrawal from the contract to the e-mail or delivery address of the provider mentioned above in these conditions. The provider confirms the delivery of the form without any delay.

5. Obligation to return the goods. The user who appropriately withdrew from the contract in the sense of paragraph 1 of this article is obliged to return any obtained goods to the provider within the period of 14 days after the withdrawal from the contract. The user bears the costs related to the return of the goods to the provider.

6. Condition of the returned goods. The user has to return the goods to the provider without any damage, not worn or unclean and if possible in the original packaging. The right for the compensation of damage done to the goods can be unilaterally offset by the provider as a claim against the claim of the user for a refund.

7. Period for a refund. If the user withdraws from the contract, the provider returns them without any delay, within a 14 day period after the withdrawal from the contract at the latest, the total amount of money including the shipping costs which the provider had obtained from them. If the user withdraws from the contract, the provider is not obliged to return the obtained amount of money sooner than the user returns the goods or proves that they have done so.

8. Means of returning the money. The provider returns the amount of money in the same way in which they have obtained it from the user. The provider returns the amount of money in a different way only on the condition that the user agrees with that and if it does not result in any other costs.

9. More expensive means of delivery. If the user decides for a different than the cheapest means of delivering the goods which the provider offers, the provider returns the user the cost of the delivery of the goods at the amount that corresponds with the cheapest means of delivery of the goods.

10. The right of the provider to withdraw. The provider is entitled to withdraw from the contract due to the sellout of the goods, unavailability of the goods or services, or if the producer, importer or supplier of the goods interrupted the production or supply of the goods. The provider informs the user without any delay and within the period of 14 days after the announcement of the withdrawal from the contract the whole amount of money including the shipping cost which the provider had obtained from the user based on the contract.

XII. Rights from defective performance

1. Rights from defective performance. The provider is responsible for the defects of the provided services, namely for the functionality of the application and the operation of their filtration devices.

2. Exercise of the rights from defective performance. The user has got the right to file a warranty claim for the provided services. The warranty claim has to be filed in short order and it has to be done electronically via the email address info@lokni.cz.
3. Settlement of the warranty claim. The provider will handle the warranty claim within a 30-day period from the day of its delivery.

XIII. Processing the personal data

The conditions of processing the personal data of the users are described in a separate document – Zásady ochrany osobních údajů (http://lokni.cz/gdpr/), which forms an integral part of the contract.

XIV. Delivery

1. Electronically. The contracting parties can exchange all the written correspondence mutually by the means of electronic mailing.

2. E-mail address. The user delivers the correspondence to the e-mail address mentioned above in these conditions. The provider delivers the correspondence to the user to the address mentioned in their user account.

XV. Solving of disputes and complaints

1. Governing law and jurisdiction. Relationships and possible disputes which will arise based on these conditions will be solved solely according to the laws of the Czech Republic and will be solved by the relevant courts in the place of business of the provider. This does not affect the rights of the consumer following from the common obligatory legal code. The UN convention on contracts for the international sale of goods (CISG) will not be applicable in the sense of article 6 of this convention.

2. Amicable settlement. The contracting parties claim that the disputes which might arise from these conditions will be primarily solved by amicable means, namely by personal negotiations of both contracting parties. For this purpose please contact us first at the e-mail address info@lokni.cz. Only if the reaching of an amicable settlement could not be sensibly presumed, the dispute will be solved by a relevant body of the public power.

3. Alternative solving of disputes. The disputes which cannot be solved by an amicable settlement can be solved also by an out-of-court settlement. In such a case the user, acting as a consumer, can contact the subject of out-of-court settlement, such as Česká obchodní inspekce or solve the case on-line by means of an ODR platform designated for this purpose. You can find more information on out-of-court solving of disputes here.

XVI. Change of conditions

1. Right for changes. The provider can change or add these conditions in an analogous way, namely because of changes of the legal code and technological advances influencing the functionality of the application or processing the data of the user. The provider can furthermore change or add these conditions due to the changes in the application or range of the services or change the conditions so that a substantial disproportion in the rights and obligations of the contracting parties cannot happen or is relieved or removed. The provider can also do so if the situation at the market is changed or if the business or licence conditions of the third parties whose system or application software or services are used by the provider in relation with providing their services get changed.

2. Information about the changes. The user will be informed about the changes and their new wording by means of the application and this wording will be also available on the website mentioned above in article I of these conditions. The new wording will come into effect on the day stated in it.

3. Disapproval of the user. If the user does not agree with the change of the conditions they have the right to refuse the conditions and terminate the contract by notice according to article X of these conditions.

XVII. Final provision

1. Separability. If individual provisions of these conditions become invalid, ineffective or unenforceable, the validity, effectiveness and enforceability of other provisions is not affected.

2. Prohibition of offset. The user is not entitled to offset neither any of their claims towards the provider nor a claim towards the provider obtained from a third party.

3. Transferability. The provider is entitled to transfer all the rights for the application and submit the contract or its part to a third party. The user expresses their consent with this procedure in advance in the sense of § 1895 of the civil code.

4. Code of conduct. The provider is not legally bound in his relationship to the user by any codes of conduct in the sense of provision § 1826 paragraph 1 letter e) of the legal code.

5. Acceptance of the danger of the change of circumstances. The user accepts the danger of the change of circumstances in the sense of § 1765 paragraph 2 of the legal code.

These conditions come into effect on 1st November 2023.

Attachment No. 1

Sample form for the withdrawal from the contract

LOKNI s.r.o.
Vratislavova 4/27
128 00 Praha 2

e-mail: info@lokni.cz

Announcement about the withdrawal from the contract

I / we* announce, that I / we* withdraw from the contract for purchase of these goods / providing these services *: [________________________]

Date of order /date of delivery *: [________________________]

Name and surname of the consumer /consumers*: [________________________]

Address of the consumer/consumers*: [________________________]

Way of returning the financial means (or else the bank account number): [________________________]

_________________________________
Signature of the consumer /consumers* (only if the form is sent in a paper form)

Date: [________________________]

* Delete where not applicable or add any data.