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TERMS AND CONDITIONS FOR THE SALE OF KNIHOBOT (BOOKBOT) GOODS

The Bookbot brand and its abbreviations are trademarks of the company Knihobot s.r.o.

INTRODUCTORY PROVISIONS
PURCHASE AGREEMENT
TRANSFER OF GOODS
ADDITIONAL AUTHORIZATION
PURCHASE PRICE
PAYMENT OF THE PURCHASE PRICE TO THE SELLER
ASSESSMENT OF THE MARKETABILITY OF GOODS AND DISPOSAL OF UNSALEABLE GOODS
TERMINATION OF THE PURCHASE AGREEMENT
FINAL PROVISIONS

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions for the sale of books by the seller to Knihobot s.r.o. („Terms and Conditions„) regulate the mutual rights and obligations of Knihobot s.r.o., ID: 054 00 651, based at Dukelských hrdinů 359/21, Holešovice, 170 00 Prague 7, registered in the Commercial Register at the Municipal Court in Prague, Section C, Insert 289573 („Knihobot„), and a natural person („Seller„), arising from a purchase agreement concluded under the provisions of § 1746 para. 2 and § 2079 ff. of Act No. 89/2012 Coll., Civil Code, between the seller and Knihobot („the buyer„) on the sale of goods („Purchase Agreement„).

1.2. Knihobot operates an online store available at www.bookbot.com („E-Shop„), primarily focusing on selling second-hand books and other publications („Goods„). A list of goods traded by Knihobot and of potential interest for purchase is available on the website www.bookbot.com.

1.3. The seller submits an offer to Knihobot to conclude a purchase agreement under the conditions specified in these Terms and Conditions. The seller acknowledges that Knihobot is not obliged to accept the seller’s offer or conclude a purchase agreement for the offered goods. For unsaleable goods (see Art. 7.4 ff.), the seller authorizes Knihobot to dispose of them environmentally responsibly at Knihobot’s expense.

2. PURCHASE AGREEMENT

2.1. The seller undertakes, under the purchase agreement, to transfer the goods covered by the contract to Knihobot and to enable the acquisition of ownership by Knihobot, while Knihobot, as the buyer, undertakes to accept the goods and pay the purchase price to the seller.

2.2. The purchase agreement between the seller and Knihobot can be concluded:
2.2.1. as a distance contract (e.g., online via the website at www.bookbot.com; or
2.2.2. if the seller does not use the online option for concluding the purchase agreement, personally (in a Knihobot branch) or implicitly, i.e., non-verbally (e.g., if the seller unilaterally hands over the goods to a transport company without prior agreement with Knihobot) under the same conditions as specified in these Terms and Conditions.

2.3. For the sale of goods, the seller must create their own account on the Bookbot website („Customer Account„). Knihobot will automatically create the Customer Account for the seller upon receiving the seller’s email address. The seller can, via the Customer Account, check the goods for which a purchase agreement has been concluded, as well as other information regarding the sale of goods to Knihobot, at any time. The seller manages the Customer Account via the email address provided to Knihobot. The seller is advised to regularly log into their Customer Account and monitor the information contained therein about the goods that are the subject of the purchase agreement.

Proposal for Online Conclusion of the Purchase Agreement
2.4. The seller proposes to conclude a purchase agreement with Knihobot by sending the books at their own expense to Knihobot, and accepting these Terms and Conditions.

Proposal for Conclusion of the Purchase Agreement at a Knihobot Branch
2.5. The proposal to conclude a purchase agreement can also be made in person by bringing the goods directly to a Knihobot branch without first completing the online form.

2.6. The staff at the Knihobot branch will familiarize the seller with the terms of the purchase agreement and provide them with the opportunity to review the Terms and Conditions, which are available in written form at every Knihobot branch.

Proposal for Implicit Conclusion of the Purchase Agreement (i.e., non-verbal)
2.7. The seller may also propose to conclude a purchase agreement through a unilateral action, such as handing over the goods to a transport company or another third party for delivery to Knihobot without first completing the online form or visiting a Knihobot branch, placing the goods in a designated collection box, or bringing them to a drop-off point of partner companies („Drop-off Point„)

2.8. In the case of an implicit (i.e., non-verbal) proposal for concluding a purchase agreement, the seller is required to familiarize themselves with these Terms and Conditions before dispatching the goods to Knihobot or placing them in a collection box.

Acceptance of the Proposal to Conclude a Purchase Agreement
2.9. If Knihobot, pursuant to Article 7 of these Terms and Conditions, concludes that the goods (or a portion thereof) are marketable, Knihobot will confirm the conclusion of the purchase agreement (accepting the seller’s proposal) regarding the selected goods (or only specific items) via the Customer Account, by displaying the goods (i.e., the specific items that are the subject of the purchase agreement) in the Customer Account. The seller will also be notified of this via the provided email address.

Purchase Agreement
2.10. The purchase agreement is concluded with a retention of title, meaning Knihobot becomes the owner of the goods (or specific items) at the point when Knihobot concludes a purchase agreement for the goods with an interested buyer.

2.11. The purchase agreement is concluded with a suspensive condition in cases where the goods are deemed unsaleable pursuant to Article 7.8 of the Terms and Conditions.

2.12. The purchase agreement becomes valid and effective at the moment the goods are displayed in the Customer Account.

3. TRANSFER OF GOODS

3.1. The seller is fully responsible for all the costs associated with the transportation of goods.

4. ADDITIONAL AUTHORIZATION

4.1. The seller authorizes Knihobot, from the time the purchase agreement becomes effective until a buyer for the goods is found, to store the goods at its own premises and at its own expense. The seller further authorizes Knihobot to:

i. assess the marketability of the goods and determine the initial price of the goods in accordance with the principles outlined in Articles 5 and 7 of the Terms and Conditions, and display this information in the Customer Account;

ii. photograph the goods, create, and manage its own sales offer for the goods in the E-Shop;

iii. offer the goods for sale in its own name and at its own expense in the E-Shop and, if applicable, in Knihobot branches.

5. PURCHASE PRICE

5.1. The price payable by Knihobot to the seller for the goods is set at 60% of the sale price of the goods, minus €1.19 („Purchase Price„).

5.2. For the purposes of Article 5.1 of these Terms and Conditions, the sale price refers to the price at which a new customer purchases the goods from Knihobot via the E-Shop („Purchasing Customer„).
The initial price at which individual goods are offered in the E-Shop is determined based on relevant criteria, which include in particular:

The condition of the goods;
The current availability of the goods on the market and the current market demand for the goods; and
The database of historical sales.
(„Initial Price„)

5.3. Knihobot undertakes to set the initial price of the goods in accordance with Article 5.2 of the Terms and Conditions such that it corresponds to the initial price of identical goods in the same condition already advertised in the E-Shop.

5.4. For the purpose of maximizing the marketability of the goods, the seller explicitly agrees and authorizes Knihobot to adjust the initial price gradually (both increasing and decreasing it, considering changes in market demand and supply) until the goods are purchased by a customer („Sale Price„).

Example Calculation of the Purchase Price:

The initial price of the goods was set at €10. At this price, the goods were not sold, so the initial price was reduced to €8, at which the goods were purchased by a purchasing customer.

The purchase price payable to the seller by Knihobot for the goods is calculated as follows:

(60% of the Sale Price) – €1.19. In the above case:
(60% of €8) – €1.19, i.e., €4.80 – €1.19 = €3.61 is the purchase price payable to the seller for the goods.

5.5. The current sale price of the goods (including other relevant information about the status and duration of the sale offer) is always visible and accessible in the Customer Account, and the seller can review this information at any time.

6. PAYMENT OF THE PURCHASE PRICE TO THE SELLER

6.1. Knihobot pays the purchase price to the seller in the form of a fully withdrawable credit to the seller’s Customer Account at the time a purchasing customer buys the goods via the E-Shop. The total amount of the seller’s credit with Knihobot is always visible in the „Billing“ section of the Customer Account. The seller can use this credit:

6.1.1. For the purchase of any goods in the E-Shop (i.e., the seller’s credit is offset against the price of their order), where:

6.1.1.1. If the seller’s credit exceeds the total price of their order, the credit is reduced by the amount of the order price, and the remaining credit remains available.

6.1.1.2. If the seller’s credit is less than the total price of their order, the credit is fully utilized, and the seller is obligated to pay the remaining balance of the order.

6.1.2. The credit can also be transferred to the seller’s bank account as monetary funds:

6.1.2.1. By submitting a one-time withdrawal request via the Customer Account; or

6.1.2.2. By setting up automatic withdrawals via the Customer Account (currently not available).

6.2. The purchase price is credited to the seller’s Customer Account immediately after Knihobot sells the goods to the purchasing customer and becomes available within 14 days from the sale of the goods.

6.3. If, after 14 days from the crediting of the purchase price to the Customer Account, the seller requests a transfer of the purchase price to their bank account, these funds will be transferred within 14 days, typically within one week after the seller’s request is submitted via the Customer Account.

6.4. If the seller has set up automatic withdrawals of their credit from the purchase price in their Customer Account, such withdrawals are generally processed once every 7 days, at least once every 30 days, after the request is submitted (currently not available).

6.5. The seller acknowledges and agrees that the transfer of the purchase price is only allowed to bank accounts held in EUR currency. Knihobot will not be able to transfer funds to any other bank account.

6.6. If the seller does not decide how to utilize their credit within 2.5 years of its accrual, Knihobot will automatically transfer the credit to the bank account specified by the seller in their Customer Account within the next 6 months. If no bank account is specified, Knihobot will contact the seller via email. If contact cannot be established and the credit remains unsettled for 3 years from its accrual, the credit will expire in favor of Knihobot.

7. ASSESSMENT OF THE MARKETABILITY OF GOODS AND DISPOSAL OF UNSALEABLE GOODS

7.1. After receiving the goods, Knihobot will conduct a definitive assessment based on a physical inspection to determine whether the goods are suitable for resale or purchase. The seller is obligated to provide Knihobot with all relevant information and not withhold anything that could affect the marketability or value of the goods. Furthermore, the seller declares that they are the sole owner of the goods or, if not, that they are authorized by the owner or co-owner of the goods to conclude a purchase agreement concerning the goods.

7.2. Knihobot will inform the seller about which items it has assessed as marketable and about the initial price of each item by displaying this information in the Customer Account no later than 30 business days after receiving the goods.

7.3. If the goods received are in poor condition, Knihobot will classify them as unsaleable. Poor condition includes, in particular, damaged goods (damage includes, but is not limited to, stains, abrasions, tears, missing pages, markings, handwritten notes, etc.) or goods affected by mold. Even goods with minor mold contamination cannot be offered for sale for hygiene reasons.

7.4. Goods may also be deemed unsaleable if their initial price is less than €2 or if they remain unsold for one year from the time of their first listing in the E-Shop.

7.5. Knihobot is obligated to notify the seller through the Customer Account if the goods have been classified as unsaleable or have become unsaleable.

Unsaleable Goods from the Outset

7.6. The seller authorizes Knihobot to dispose of unsaleable goods for the reasons mentioned above in an environmentally responsible manner at Knihobot’s expense.

Unsaleable Goods Due to Low Sale Price or After One Year

7.7. If goods are deemed unsaleable under Article 7.5 of the Terms and Conditions, the validity and effectiveness of the purchase agreement concerning these goods expire on the day the seller receives notification via the Customer Account about the goods being unsaleable.

7.8. The provisions of Article 7.7 of the Terms and Conditions apply analogously in such cases.

8. TERMINATION OF THE PURCHASE AGREEMENT

8.1. Both the seller and Knihobot may terminate the purchase agreement only in cases provided for by Act No. 89/2012 Coll., Civil Code, as amended in the Czech Republic, or by other generally binding legal regulations.

8.2. In the event of termination of the purchase agreement by either the seller or Knihobot, both parties agree to return the received benefits to each other no later than 14 days after termination. Each party shall bear its own costs associated with the return of benefits.

9. FINAL PROVISIONS

9.1. All provisions and legal relationships arising from the purchase agreement concluded between Knihobot and the seller, including these Terms and Conditions, are governed by the laws of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply pursuant to Article 6 of the Convention. In the event of a dispute, Knihobot and the seller agree to make every effort to resolve the dispute amicably.

9.2. The purchase agreement is concluded in the English language.

9.3. The concluded purchase agreement will be retained by Knihobot for at least three years after its conclusion, but no longer than the period specified by applicable legal regulations. Knihobot allows the seller to inspect the purchase agreement in justified cases.

9.4. Knihobot reserves the right to supplement or amend the Terms and Conditions in connection with changes in applicable legal regulations or market conditions for the goods it offers.

9.5. Knihobot’s contact information is as follows:

Customer Service Phone Number: +49 78 195 633 044 (Mon–Sun 8:00–20:00)
Email Address: info@bookbot.com
Other contact details are available at: https://bookbot.com/c/contact

Any questions, suggestions, comments, or complaints can be sent to info@bookbot.com. Knihobot will respond to all complaints in writing within seven days of receipt.

9.6. These Terms and Conditions for the sale of goods by Knihobot are valid and effective as of January 8, 2024, including their annexes, and supersede all previous versions, including annexes.

9.7. If any provision of the Terms and Conditions is or becomes invalid or contrary to generally binding legal regulations, the remaining provisions shall remain unaffected and continue to be valid. Knihobot and the seller agree that such invalid provisions will be replaced by valid provisions that closely approximate the meaning and purpose of the replaced provisions.