Terms & Conditions

 

General Business Terms and Conditions for Consumers

 

 

 

The present General Business Terms and Conditions for Consumers (hereinafter referred to as “Business Terms and Conditions”) shall apply to contracts concluded through the oemvwshop online shop located on the web interface

 

 

 

www.oemvwshop.com (hereinafter referred to as “Web Interface”) between

 our company:

TSE Slovakia s.r.o., having its registered office at Fraňa Mojtu 18, 949 01 Nitra

 Company Reg. No.: 55983600

Tax Id. No.: SK2122153649

 Registered: at the Municipal Court in Nitra under the file ref. no. 62337/N

 Delivery address: Fraňa Mojtu 18, 949 01 Nitra

 Telephone number: +420 601 334 444

Contact e-mail address:

info@oemvwshop.com

 

 as the Seller 

and you as the Purchaser.

 

 

 

INTRODUCTORY PROVISIONS

 

 

  • Summary of the contents of the Business Terms and Conditions

 

We undertake, by the Contract of Purchase, to deliver the goods specified in the order to you and you undertake to take over the goods and pay us the purchase price. In order to enter into a contract, it is necessary for you to place an order and the order must be accepted by us (according to Article 2). The information on prices is provided for in Article 3. The possible methods of payment and delivery can be found in Articles 4 and 5. The information about the possibility of withdrawal from the contract after the takeover of the goods can be found in Article 6. Complaints shall be governed by our Complaints Procedure for Consumers.

 

  • Is the Contract of Purchase a consumer contract?

 

It is a consumer contract in the case that you are a consumer, i.e., if you are a natural person and you are buying the goods outside the framework of your business activities or outside the framework of independent performance of your profession. Otherwise, it is not a consumer contract and you are not covered by consumer protection under applicable legal regulations and under the present Business Terms and Conditions.

 

  • What governs our mutual rights and obligations?

First and foremost, the Contract, which consists of the following documents:

 

  • the present Business Terms and Conditions defining our mutual rights and obligations;
  • the Complaints Procedure for Consumers, which shall be followed at a claim concerning the goods;
  • the Privacy Policy, governing the protection of your personal data;
  • the terms and conditions and instructions provided for on the Web Interface, in particular when concluding a Contract;
  • the order and its acceptance on our part,

and in matters not covered by the Contract, our mutual rights and obligations shall be governed by Czech law, in particular by the following legal provisions:

  • the Act no. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as “the Civil Code”);
  • the Act no. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).

If your domicile or seat is situated outside the Czech Republic, or if our legal relationship contains any other international element, you agree that our relationship will be governed by Czech law. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than Czech law, you are then afforded the such higher level of protection.

 

  • How do you express your consent to the Business Terms and Conditions?

By placing an order and also by acknowledgement on the Web Interface you confirm that you have made yourself familiar with and agree to the present Business Terms and Conditions.

 

  • What else should you know about the Business Terms and Conditions?

In the event that any provision of the present Business Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision that is closest in meaning to such an invalid provision shall apply instead. This shall be without prejudice to the validity of the other provisions.

We may change or amend the wording of the Business Terms and Conditions. Your rights and obligations are always governed by the version of the Business Terms and Conditions under which they arose. It is only possible to amend or supplement the Business Terms and Conditions in writing.


 




CONTRACT OF PURCHASE

 

 

  • How do we conclude a Contract of Purchase?

In order to enter into a Contract, it is necessary for you to place an order in accordance with the present Business Terms and Conditions and for that order to be accepted on our part. Please note that the presentation of the goods on the Web Interface is informative and does not constitute a proposal by us to conclude a Contract within the meaning of section 1732 (2) of the Civil Code.

 

  • How to place an order?

You can always place an order through the Web Interface (by filling in the form) or in any other way which we make possible according to the information on the Web Interface. The order must contain all the information prescribed in the form.

Before submitting your order through the order form, you will be provided with a summary of your order, including the final price (including all taxes, duties and charges). Within the framework of that summary, you have the last opportunity to change the information entered.

You can place a binding order by pressing the “submit order” button. We consider the information provided for in the binding order to be correct and complete. Please inform us immediately by phone or e-mail if you change them.

 

  • Can you cancel or change an order already placed?

You can cancel or change an order which we have not accepted yet, by phone or e-mail.  All orders accepted by us are binding. Subsequent cancellations or changes to an order are only possible by means of an agreement with us. If an order for goods for which it is not possible to withdraw from the Contract is cancelled this way (see Article 6 for more details), we are entitled to compensation for the costs already incurred by us in connection with the Contract.

 

  • How do you know that we have accepted the order and when the Contract is concluded?

We will inform you about the receipt of the order. The information about the receipt of the order is sent automatically and does not constitute acceptance of the order by us.

The Contract of Purchase is concluded at the moment when you receive the acceptance of the order on our part to the e-mail address which you stated in the order.

Should acceptance of the order not be received, the Contract is concluded at the latest at the moment when you take over the delivery of the goods ordered.

 

  • Do you have the option to receive the Contract in a text form?

The documents constituting the Contract will be sent to you by e-mail  or printed by post at your request. When they are to be sent by post, we may ask you to pay the associated costs.

We will store the documents constituting a Contract electronically. The Contract is not accessible to third parties.

 

 

 

PRICES

 

 

  • Can the price on the Web Interface change?

If the price listed for the goods on the Web Interface or during the ordering process is no longer current, we will notify you immediately thereof. However, the accepted orders are not affected by a price change which has occurred between the time when the order was placed and our acceptance of the order.

In the event that there is an absolutely obvious technical error on our part in the price of the goods on the Web Interface or in the course of the ordering process, we are not obliged to deliver the goods to you at the obviously incorrect price due to the “apparent legality” of our legal action pursuant to Section 552 of the Civil Code or due to a mistake pursuant to Section 571 of the Civil Code

Prices for customers from the European Union are stated as the prices including the VAT. For customers outside the European Union, the prices are exclusive of VAT.

 

  • Is it possible to combine the discounts on the price of goods?

Any discounts on the price of the goods cannot be mutually combined with each other, unless explicitly stated otherwise on the Web Interface.

 

 

 

PAYMENT TERMS

 

 

  • What payment methods do we accept?


You can pay the purchase price mainly by using the following methods:

  • in a cashless way before the delivery of the goods online by means of a payment card or through a payment gateway;

 

  • in a cashless way before the delivery of the goods by means of a wire transfer to our bank account (the instructions will be communicated to you in the order confirmation).

Any additional payment methods and any fees associated with certain payment methods are provided for on the Web Interface.

 

  • When is the purchase price due?

For cashless payment before delivery of the goods, the price is due within three days from the acceptance of the order, the price is paid when the relevant amount is credited to our bank account. If we do not receive the price by the due date, we reserve the right to withdraw from the Contract.

 

  • Can we require a deposit or payment in advance?

Please note that, in accordance with Section 2119 (1) of the Civil Code, we are authorised to ask you to pay the full price of the goods (or a deposit) before the dispatch or handover of the goods.

 

  • What about the customs clearance of the goods?

All shipments delivered outside the European Union must be properly cleared. The goods are always accompanied by a tax document with a description of the goods and the amount paid. Customs fees are paid by the Purchaser.

Please refer to the order form for more detailed information on the amount of the customs duty.

 

  • How do we issue a tax document?


By agreeing to the present Business Terms and Conditions, you give us your consent to the issuing of a tax invoice in an electronic way.

 

 

DELIVERY TERMS



  • How do we send the goods?

The methods of delivery of the goods, including the amount of the delivery costs, are indicated on the Web Interface. You can choose the specific method of delivery of the goods in the order.

The order will always include the final price, which already includes the cost of the chosen shipping method.

 

  • When will we deliver the goods to you?

The delivery time of the goods shall always depend on their availability and on the chosen method of transport and payment. However, we cannot influence the delivery time of the goods transported by external carriers. In case of problems regarding delivery time, please contact us and we will try to resolve the situation with the carrier.

The goods which are in stock are usually dispatched by us within two business days from the date when the payment has been credited to our account (for cashless payment before the delivery of the goods).

The goods which are not in stock are dispatched by us as soon as possible. We will inform you about the exact date.

The delivery of the goods under the present Business Terms and Conditions shall denote the moment when the goods are delivered to you. If you unreasonably refuse to take over the goods, it shall not be deemed to be a failure on our part to deliver the goods or a withdrawal from the Contract on your part.

You will acquire the title to the goods at the time of payment of the full purchase price, but not before you have taken delivery of the goods.

 

  • What is the procedure for takeover of the goods?

Check the integrity of the packaging of the goods during the takeover of the goods.

If you find any shortcomings, please inform both the carrier and us immediately. If you refuse to take over a shipment with damaged packaging, it shall not be considered an unreasonable refusal of the goods.

From the moment when you take over the goods (or from the moment when you were obliged to take over the goods but you failed to do so in breach of the Contract), the liability for accidental destruction, damage or loss of the goods shall pass to you.

 

  • What happens if you do not take over the goods?

If it is necessary, for reasons on your part, to deliver the goods repeatedly or in a manner other than the one agreed upon, you are obliged to pay the costs associated with such delivery.

If you fail to take over the goods without a reason, we will be entitled to compensation for the costs associated with the delivery and storage of the goods, as well as any other costs incurred by us as a result of the failure to take over the goods.

If you have already paid the purchase price (in the case of payment before the delivery of the goods), we are also entitled to proceed with the sale of the goods by ourselves pursuant to Section 2126 of the Civil Code.

 

 

WITHDRAWAL FROM THE CONTRACT OF PURCHASE

 

 

  • How can you withdraw from the Contract?

As a consumer, you may withdraw from the Contract of Purchase without specifying any reason within 14 days from the date of takeover of the goods; if the delivery is divided into several parts, from the date of takeover of the last delivery. We recommend you to send the notice of withdrawal from the Contract of Purchase to our delivery address, together with the goods, or by e-mail and to send the goods to our delivery address immediately afterwards. A sample form can be used to withdraw from the Contract.

 

  • What are the consequences of withdrawal from the Contract?

By withdrawing from the Contract, the Contract shall be cancelled from the outset and is regarded as if it had not been concluded.

If a gift has been given to you together with the goods with your consent, the donation agreement shall cease to be effective upon withdrawal by either Party. You must send the gift back to us together with the returned goods.

 

  • In what way will you return the goods to us?


You are obliged to return the goods to us within 14 days from withdrawal from the Contract to our delivery address, to any operation plant or to our registered office. Please do not send the goods in the cash-on-delivery mode, we are not obliged to accept them if they are sent this way.

We recommend that the returned goods should be accompanied by:

  • a copy of the delivery note, a copy of the invoice (if they have been issued) or other proof of purchase of the goods;
  • a written statement of withdrawal (by using our form or otherwise) and the method of refund chosen.

A failure to submit any of the above-mentioned documents will not prevent the positive processing of your withdrawal from the Contract in accordance with the statutory terms.

 

  • When will you get your money back?

We will refund to you all monies received by us within 14 days from your withdrawal. Please note, however, that we are not obliged to refund your money before you return the goods to us or before you prove that you have sent the goods back to us.

In addition to the purchase price, you are also entitled to a refund of the cost of delivering the goods to you. However, if you have chosen a method of delivery other than the cheapest method of delivery offered by us, we will refund you the cost of delivery of the goods at the amount corresponding to the cheapest offered method of delivery of the goods.

We will refund your money in the same way as the one in which we have received it (unless you ask us for another way within ten days from your withdrawal from the Contract and unless any additional costs are incurred by you as a result) or in the way you request.

The costs associated with the sending of the goods returned to our address shall be borne by you, even if the goods cannot be returned by normal postal means due to their nature.

 

  • What if the returned goods have been damaged?

When you are sending the goods, please wrap them in suitable packaging so that they shall not be damaged or destroyed.

If we find out that the goods returned by you are damaged, worn, soiled or partially consumed, you will be liable to us for this diminution in the value of the goods.

 

  • When is it not possible to withdraw from the Contract?


In accordance with Section 1837 of the Civil Code, it is not possible to withdraw from the following contracts (among other ones):

  • on the delivery of the goods which have been modified according to your wishes or for your person (including any goods specially modified and programmed according to the VIN number);
  • on the delivery of perishable goods or the goods which have been irretrievably mixed with other goods after the delivery thereof;
  • on the supply of an audio or video recording or computer program if you have damaged the original packaging thereof;
  • on the supply of digital content, unless it was supplied on a tangible medium and was supplied with your prior express consent before the expiry of the deadline for withdrawal from the Contract and you were informed about this consequence.

 

  • When can we withdraw from a Contract of Purchase?

We reserve the right to withdraw from the Contract in the following cases:

  • we have not received the purchase price from you by the due date or you have not taken over the goods;
  • the goods cannot be delivered under the original terms and conditions for objective reasons (mainly due to the fact that the goods are no longer manufactured, the supplier has stopped delivering to the Czech Republic, etc.);
  • the performance becomes objectively impossible or unlawful.

In the event that any of the above-mentioned circumstances should occur, we will inform you immediately about our withdrawal from the Contract.

If you have already paid the purchase price in full or in part, we will reimburse you the amount received within five days from the withdrawal from the Contract, in a cashless manner to the account which you announce to us for this purpose or from which you made the payment.

 

Complaint protocol and Withdrawal form for consumers

 

 

RIGHTS FROM DEFECTIVE PERFORMANCE

 

Your rights arising from defective performance shall be governed by the applicable generally binding legal regulations (in particular Sections 1914 to 1925, 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code). When exercising rights arising from defective performance, we will proceed in accordance with our　Complaints Procedure for Consumers.

 

 

 

ADDITIONAL INFORMATION FOR CONSUMERS

 

 

  • What authorisations do we have to carry out our activities?

We are authorised to sell goods on the basis of a trade licence. Our activities are not subject to any other authorisation.

 

  • How do we handle complaints?

We handle any complaints through our contact e-mail address. You can also contact the competent Trade Licensing Authority or the Czech Trade Inspection Authority.

 

  • What rights do you have in the event of the arising of a consumer dispute?

If you are a consumer and if a dispute arises between us under a Contract, which we are unable to resolve directly, you have the right to refer the dispute to the Czech Trade Inspection Authority (address: Česká obchodní inspekce, Ústřední inspektorát - oddělení ADR, Štěpánská 15, 120 00 Praha 2; web interface:

www.coi.cz, www.adr.coi.cz; electronic contact: adr@coi.cz; telephone: +420 296 366 360) or to the Association of Czech Consumers (address: Sdružení českých spotřebitelů, z. ú. Tř. Karla IV. 430, 500 02 Hradec Králové, web interface: www.konzument.cz, electronic contact: spotrebitel@regio.cz, telephone: +420 495 215 266) for the purpose of resolving a consumer dispute out of court. You may exercise this right not later than within 1 year from the date on which you first exercised the right which is the subject of this consumer dispute with us.

For lodging a complaint concerning the goods or services which you have purchased from us and for finding an alternative dispute resolution entity you can also use the online platform which has been set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

 

 

 

REGISTRATION ON THE WEB INTERFACE

 

 

  • How can you register on the Web Interface?

By registering through the registration form situated on the Web Interface, a user account is created. Keep the access data to the user account confidential. We are not responsible for any misuse of the user account by a third party.

The information provided during the registration procedure must be true and complete. We may cancel an account which was created with the use of false or incomplete information without any compensation. In the event of any changes in your details, we recommend you to amend them in your user account without any delay.

 

  • What is the purpose of a user account?

You can primarily order goods, track orders and administer your user account details through your user account. Any additional functions of the user account are always listed on the Web Interface.

 

  • When can we cancel your user account?

Please take cognisance of the fact that we have the right to cancel your user account without any compensation if there is a violation of good morals, applicable law or the present Business Terms and Conditions through your account.

 

 

 

COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE

 

  • Is the content of the website protected by copyright?

The content of the web pages located on the Web Interface (texts, including the Business Terms and Conditions, photographs, images, logos, software and others) is protected by our copyright or by the rights of other persons. You may not modify, copy, reproduce, distribute or use the content for any purpose without our consent or without the consent of the copyright holder. In particular, it is prohibited to make the photographs and texts placed on the Web Interface accessible, whether free of charge or for consideration.

The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.　

 

  • Responsibility and use of the web interface


We shall not be liable for errors resulting from third-party interference with the Web Interface or from its use contrary to its intended purpose. When using the Web Interface, you must not use any procedures which may interfere with the functioning of the system or place an unreasonable load on the system.

If, while using the Web Interface, you commit any illegal or unethical act, we are authorised to restrict, suspend or terminate your access to the Web Interface without any compensation. In this case, you shall furthermore be obliged to reimburse us in full for the damages which your actions have demonstrably caused pursuant to this paragraph.

We hereby draw your attention to the fact that clicking on certain links on the Web Interface may cause the Web Interface to be abandoned and redirection to third-party websites.

 

　



The present Business Terms and Conditions are valid and effective from 1. 1. 2022

 

 

 

 

 

General Business Terms and Conditions for

Entrepreneurs and Legal Entities

 

The present General Business Terms and Conditions for Entrepreneurs and Legal Entities (hereinafter referred to as “Business Terms and Conditions”) shall apply to contracts concluded through the oemvwshop online shop located on the web interface

 

www.oemvwshop.com (hereinafter referred to as “Web Interface”) between our company:

 

TSE s.r.o., having its registered office at Fráňa Mojtů 18, 949 01 Nitra

 

Company Reg. No.: 50326031

 

Tax Id. No.: SK2120286432

 

Registered: at the Municipal Court in Prague under the file ref. no. B 111485

 

Delivery address: Fráňa Mojtů 18, 949 01 Nitra

 

Telephone number: +420 601 334 444

 

Contact e-mail address:

 

info@oemvwshop.com

 

 

 

as the Seller

 

and the entrepreneur or legal entity

 

as the Purchaser

 

(both of them hereinafter jointly referred to also as “the Parties”).

 

 




Introductory provisions

 

 

 

 

  • The Business Terms and Conditions shall define and clarify the basic rights and obligations of the Parties in entering into a contract of purchase or any other contract referred to herein (hereinafter referred to as “the Contract”) through the Web Interface.
  • The provisions of the Business Terms and Conditions shall form an integral part of the Contract. The Parties may negotiate rights and obligations in derogation of the Business Terms and Conditions. The deviating arrangements of the Parties shall prevail over the provisions of the Business Terms and Conditions. The Seller may change or amend the wording of the Business Terms and Conditions. The rights and obligations of the Parties shall always be governed by the wording of the Business Terms and Conditions under the effectiveness of which they arose. The rights and obligations of the Parties shall further be governed by the Complaints Procedure for Entrepreneurs and Legal Entities, the Privacy Policy, as well as by the terms and conditions and instructions provided on the Web Interface, in particular at the conclusion of the Contract. In matters not regulated herein, the relations of the Parties shall be governed by legal regulations, in particular by the Act no. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as “the Civil Code”).
  • The present Business Terms and Conditions shall apply to the Purchasers who are entrepreneurs and/or legal persons. The present Business Terms and Conditions shall not apply to the Contracts concluded with a consumer, as such Contracts shall be subject to the General Business Terms and Conditions for Consumers.
  • The ownership right to the goods shall be acquired by the Purchaser upon payment of the full purchase price, but not before the Purchaser takes possession of the goods.
  • By sending an order, the Purchaser confirms that they have read the present Business Terms and Conditions and that they agree with their content.
  • If your registered office is located outside the Czech Republic, or if our legal relationship contains another international element, you agree to our relationship being governed by Czech law.

 

 



 

 

Order and conclusion of the Contract

 

 

 

 

  • The Web Interface provides a list of the goods including a description of the main characteristics of the individual items. The presentation of the goods provided for on the Web Interface is of an informative nature and does not constitute a proposal by the Seller for the conclusion of a Contract within the meaning of Section 1732(2) of the Civil Code. For the conclusion of a Contract, it is necessary that the Purchaser has sent an order in accordance with the present Business Terms and Conditions and that the order has been accepted by the Seller.
  • The Purchaser shall place the order through the Web Interface, or in any other manner specified on the Web Interface or as agreed by the Parties. The order must always contain the exact name of the goods ordered (or the numerical designation of the goods), the number of items of the goods, the chosen method of payment and transport and the Purchaser’s contact details (first name and surname or company name, identification number, delivery address, telephone number, e-mail address). The Purchaser is obliged to prove that they are an entrepreneur by specifying their valid identification number in the order.
  • In the case that the Purchaser cancels the order before it is accepted by the Seller, the Seller shall be entitled to reimbursement of the costs incurred by the Seller in connection with the processing of the Purchaser’s order.
  • The Seller is not obliged to accept the order received. An unaccepted order is not binding on the Seller. The Seller is authorised to contact the Purchaser and to verify that the Purchaser is an entrepreneur and to verify the completeness, authenticity and seriousness of the order. An unverified order may be rejected by the Seller.
  • The Information about the receipt of an order shall be sent automatically and does not constitute acceptance of the order by the Seller. The Contract is concluded at the moment when the information about the acceptance of the order by the Seller has been delivered to the Purchaser.
  • The Purchaser is not authorised to unilaterally cancel an accepted order and therefore the concluded Contract. An accepted order may only be cancelled at the request of the Purchaser and the Contract may only be terminated on the basis of an agreement made between the Seller and the Purchaser.
  • In the case of cancellation of an accepted order and therefore termination of the Contract at the request of the Purchaser and with the consent of the Seller, the Seller is entitled to a cancellation fee amounting to 50 % of the price of the goods. If any costs have already been incurred by the Seller in connection with the Contract, the Seller shall also be entitled to reimbursement of these reasonable costs in full.

 

 



 

 

Delivery terms

 

 

 

 

  • The Seller is obliged to deliver the goods to the Purchaser in the manner agreed upon, properly packed and equipped with the necessary documents. Unless agreed upon otherwise, the documents are provided in the Czech language.
  • On the basis of an agreement of the Parties, the Seller may arrange for transport of the goods and, where applicable, the insurance of the goods during the period of transport for the Purchaser. The Purchaser shall be obliged to pay the cost of transport and insurance according to the applicable tariff. The delivery of the goods to the Purchaser shall be deemed to be the handing over of the goods to the first carrier. The risk of damage to the goods shall pass to the Purchaser upon the delivery of the goods. The Seller shall not be liable for any damage caused by the carrier.
  • The Purchaser is obliged to check the integrity of the packaging of the goods before the takeover of the delivery of the goods, and to notify the carrier immediately of any defects. A report on the defects shall be drawn up if there are any defects. If a report on defects is not drawn up, the Purchaser shall lose any claims arising from the defective packaging of the goods.
  • Immediately upon the takeover of the goods, the Purchaser is obliged to check the goods, in particular to check the number of items and their completeness. In the event of a discrepancy, the Purchaser shall notify the Seller thereof without any undue delay, but no later than within 2　business days from the takeover of the goods. The Purchaser is obliged to document the defects found in an appropriate manner and to send this documentation to the Seller, together with the notification of the defect.
  • The Purchaser’s failure to take over the goods shall not affect the Seller’s right to demand payment of the purchase price in full. In the event of non-acceptance of the goods by the Purchaser, the Seller shall be entitled to reimbursement of the costs associated with the delivery of the goods and their storage, as well as other costs incurred by the Seller due to non-acceptance of the goods. In the event of non-acceptance of the goods by the Purchaser, the Seller shall furthermore have the right to withdraw from the Contract. Withdrawal from the Contract shall not extinguish the Purchaser’s obligation to reimburse the Seller for the costs of delivery and storage of the goods as well as other costs incurred by the Seller due to the failure to take over the goods.

 

 



 

 

Payment terms

 

 

 

 

  • The Purchaser has the option to pay the purchase price for the goods to the Seller in addition to the other methods listed on the Web Interface or individually agreed upon also by any of the methods listed below:
  • By means of a wire transfer before the delivery of the goods to the Seller’s bank account on the basis of an advance invoice;
  • By means of a wire transfer after the delivery of the goods to the Seller’s bank account on the basis of a tax document (invoice) before or on the due date stated in the invoice.

 

 


          The Seller is authorised not to allow payment for the goods after the delivery of the goods. This method of payment is generally reserved for regular customers. Unless agreed upon otherwise, the invoice is attached to the goods together with the delivery note.



 

  • In the case of payment by means of a wire transfer, the price shall be payable within 14 days of the receipt of the order, unless agreed upon otherwise by the Parties. The Purchaser’s obligation to pay the price of the goods is fulfilled in the case of payment by means of a wire transfer at the moment of crediting the Seller’s account with the relevant amount. 
  • In the event of non-compliance with the due date according to these Business Terms and Conditions, the Purchaser may be charged default interest at the rate of 0.5% of the amount due for each day of delay. The Seller’s right to compensation for damage incurred by the Seller due to the Purchaser’s delay shall remain unaffected.
  • In the event of a default by the Purchaser in payment of the price of the goods, the Seller is also entitled to suspend further deliveries of the goods agreed upon until all outstanding debts of the Purchaser have been paid.
  • Payment for the goods may be made in Euros (€) or in US Dollars ($).
  • All shipments delivered outside the European Union must be duly cleared. The goods shall always be accompanied by a tax document with a description of the goods and the amount paid. Customs fees shall be paid by the Purchaser. For more detailed information on customs duties and their conditions, the Purchaser shall contact the authorised customs office in the country from which the goods are ordered.

 

 

 

  • By agreeing to these terms and conditions, the Purchaser agrees to the issuing of a tax document in an electronic form. The tax document is simultaneously enclosed and delivered with the goods.

 

 




 




Withdrawal from the Contract

 

 

 

 

  • Until the Purchaser has taken the delivery of the goods, the Seller is entitled to withdraw from the Contract at any time.  In such a case, the Seller shall refund to the Purchaser the Purchase Price which has already been paid by the Purchaser in the same manner as it was paid by the Purchaser.
  • The Seller is further authorised to withdraw from the Contract if the Purchaser is in delay in the payment of the purchase price of the goods for more than 7 days. The Seller’s right to compensation for damages incurred by the Seller due to the Purchaser’s delay shall remain unaffected.
  • The Purchaser is authorised to withdraw from the Contract if the Seller is in delay with the delivery of the goods for more than 4 weeks from the delivery date agreed upon.
  • The Purchaser is not authorised to withdraw from the Contract in respect of the goods which have been delivered properly, on time and without defects. The Purchaser is furthermore not authorised to withdraw from the Contract in respect of the Goods which have been customised to the Purchaser’s wishes or for the Purchaser’s person (including the goods specially customised and programmed according to a VIN number).
  • Withdrawal from the Contract must always be made electronically. Withdrawal from the Contract is effective upon the delivery of the notice of withdrawal to the other Party.
  • In the event of withdrawal from the Contract, the Purchaser is obliged to return to the Seller the goods already received by the Purchaser, within 10 days of the effective date of the withdrawal from the Contract. The Seller is not obliged to refund the price of the goods to the Purchaser before the goods are returned to the Seller after the withdrawal from the Contract.

 

 



 

 

Rights from defective performance

 

 

 

 

  • The terms and conditions for the exercising of the rights from defective performance and warranty liability shall be governed by the Complaints Procedure for Entrepreneurs and Legal Entities of the Seller.

 

 



 

 

Protection of the business secret and commercial policy of the Seller

 

 

 

 

  • In the negotiation of the Contract and its performance, the Purchaser may disclose to the Seller information that is marked as confidential or whose confidentiality results from its nature. As far as this information is concerned, the Purchaser undertakes in particular:
  • to keep it confidential;
  • not to disclose it to any other person without the consent of the Seller;
  • not to use it for any purpose other than the performance of the Contract;
  • not to use it in any other detrimental way.

 

  • The Purchaser furthermore undertakes not to make copies of documents submitted to the Purchaser by the Seller without the Seller’s consent.

 

 




 




Registration on the Web Interface

 

 

 

 

  • By registering through the registration form on the Web Interface, a user account is created. The Purchaser is obliged to keep the access data to the user account confidential. The Seller is not liable for any misuse of the user account by a third party.

 

 

 The information provided during registration must be true and complete. The Seller may cancel an account which has been created with the use of false or incomplete information without compensation. In the event of changes in the Purchaser’s data, the Seller recommends that the Purchaser should immediately modify such data in the user account.

 

  • Through the user account, the Purchaser can primarily order goods, track orders and manage the user account. Any additional functions of the user account are always listed on the Web Interface.

 

 

  • The Seller is entitled to cancel the user account of the Purchaser without compensation if the Purchaser’s account is used to violate good morals, applicable legal regulations or the present Business Terms and Conditions.

 

 



 

 

Copyright protection, liability and use of the Web Interface

 

 

 

 

  • The content of the web pages located on the Web Interface (texts, including the Business Terms and Conditions, photographs, images, logos, software and others) is protected by the Seller’s copyright or by the rights of other persons. The Purchaser may not modify, copy, reproduce, distribute or use the content for any purpose without the consent of the Seller or the copyright holder. In particular, it is prohibited to make the photographs and texts placed on the Web Interface accessible, whether free of charge or for consideration.

 

 The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.　

 

  • The Seller shall not be liable for errors resulting from third-party interference with the Web Interface or from its use contrary to its intended purpose. When using the Web Interface, the Purchaser must not use any procedures which may interfere with the functioning of the system or place an unreasonable load on the system.

If, while using the Web Interface, the Purchaser commits any illegal or unethical act, the Seller is entitled to restrict, suspend or terminate the Purchaser’s access to the Web Interface without any compensation. In this case, the Purchaser shall furthermore be obliged to reimburse the Seller in full for the damages which the Purchaser’s actions have demonstrably caused to the Seller pursuant to this paragraph.

The Seller points out that clicking on certain links on the Web Interface may cause the Web Interface to be abandoned and redirection to third-party websites.

 

 

Final provisions

 

 

 

 

  • If the relationship associated with the use of the Web Interface or the legal relationship established by the Contract contains an international (foreign) element, then the Parties agree that the relationship is governed by Czech law (with exclusion of the application of the UN Convention on Contracts for the International Sale of Goods).
  • The Parties have agreed upon the local jurisdiction of the general court of the Seller to hear any disputes associated with the legal relationship established by the present Business Terms and Conditions or by the Contract.
  • If any provision of the Business Terms and Conditions is or becomes invalid or ineffective or unenforceable, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness or unenforceability of one provision shall be without prejudice to the validity of the other provisions. Any changes in or supplements to the Contract or to the Business Terms and Conditions shall be made in writing.

 

 




 

 

The present Business Terms and Conditions are valid and effective from 16. 8. 2023