- General provisions
These Terms and Conditions (OP) govern the relationship between buyer and seller. The buyer is required before ordering the goods, get acquainted with the Complaint Procedure and Terms and Conditions.
These terms and conditions govern the rights and obligations contractual relationship in accordance with all generally binding regulations valid in the Czech Republic and are valid for ordering goods and services listed on the website www.moto-ustinl.cz through an online store (hereinafter referred to as "trade ").
Shop operator, while party seller is: MOTO Ústí nad Labem s. r. o., Identification Number 286 84 761, VAT: CZ28684761, registered at Chuderovská 167, 403 40 Usti nad Labem, registered in the Commercial Register maintained by the Regional Court in Usti nad Labem case number C 26815th.
Customer in the online store's buyer:
- consumer - a person who at the conclusion of the contract is not in his commercial or other business activity
- enterpriser – a person who buys goods or services used for the purposes of his business with these products or services. This buyer is governed by terms and conditions to the extent that it is involved and the Commercial Code.
- Identification and registration data of buyers
- consumer – when the contract passes seller only their contact information necessary for the smooth execution of the contract, or the data that wants to be listed on tax documents.
- enterpriser – is required before entering into a contract to perform in the trade register. Upon registration, the seller may require evidence to entrepreneurs about their business licenses and their legal personality (certificate of incorporation, copy of business license, tax registration VAT). Any amendments of the enterpriser is obliged to inform the seller, at the latest before the contract is concluded.
Entrepreneurs are able to order products or services, to marketing authorization seller. When the marketing authorization is entrepreneurs belonging to him set prices (wholesale, repair and individual). Seller reserves the right not to allow the registration of entrepreneurs, temporarily or completely cancel.
- Contractual relationship
- If the buyer is a consumer proposal to conclude a purchase contract or contract for work (hereinafter the "Contract" is the location of the offered goods or services contractor on the website. The contract is sending an order buyer and the seller accepting an order. This acceptance seller confirms the buyer informative e-mail them to a specified e-mail, contract formation, however, this does not affect the confirmation. For service contract formation is conditioned by sending an order number to the buyer.
- If the buyer is a businessman, a proposal to conclude a purchase contract is sent to the buyer to order goods and the actual purchase contract is concluded at the moment of sending goods to the buyer or the expiry of 3 working days from receipt of the order, if the seller will not refuse it. Adoption of the order confirms the seller to the buyer informative e-mail them to a specified e-mail, to refuse orders the buyer is informed in the same way. At the service delivery contract is signed at the moment of sending the order number to the buyer.
Resulting contract (including the agreed price) can be changed or canceled only by agreement of the parties or based on legal grounds, including removing the agreed goods or services the seller. To remove the goods or services, the contract is entitled to unilaterally seller if the item is not in stock at any given time, or not to implement the required service with regard to the unavailability of components that are necessary to the service. In this case, the change in the sales contract the seller to the buyer return the money or proportion, if it was all or part of the contractual price paid. The money will be refunded to the buyer account.
By concluding the purchase contract the buyer confirms that he is familiar with these terms and conditions, including claims procedure, and agrees with them. These business terms and regulations are adequately buyer prior to concluding the contract and has advised to become acquainted with them.
Orders are accepted only via e-commerce (e-shop).
Orders can be combined for single billed traffic. This can only be done if the previous order(s) is(are) still pending.
You need to request an ordering link in a text note indicating the previous order number.
- Contract price, maturity
Contract price consists of the price of goods on the buyer's order and the prices of transport (packaging is not charged). The price of transport is made up of transport costs based on weight and commodity prices C.O.D. determined according to the level of prices of goods, depending on the chosen method of transport and payment.
Prices are valid for online store and under the following conditions:
- sending a binding order through an online store
- select the collection of goods according to Article V (Delivery)
In other cases, prices in the online and physical store may be different.
Requesting the internet price in a store and it is not possible under any circumstances.
Registered customer (entrepreneur) must always place an order. If a registered customer order does not yet require the personal collection of goods directly in our store, you can be upheld, but only according to our time and shipping options because the expedition does not take place in the building storefront.
In this case, the registered customer pays for goods standard retail price, which is valid for unregistered customers.
Part of that price is the value-added tax (DPH).
When paying by bank transfer, the buyer pays the contractual price of the due date of the invoice seller. When the buyer's delay in payment of the contract price in excess of the payment period, the buyer must pay the seller a contractual penalty of 5% of the contract price plus interest on arrears amounting to 0.5% of the outstanding amount for each day of delay. Penalty and interest for late payment paid by the buyer based on the invoice sent by the seller to the buyer.
Entrepreneur trading in goods purchased at the e-shop can not resell the goods for less than the suggested price. Infringement of this provision entrepreneur buyer, the seller reserves the right to modify the sanction rebates group to which the buyer is included, or cancel the registration of the buyer entrepreneurs.
Prices freight shipments listed in the online store orders addressed to the Czech Republic are set identically for all courier services. For foreign orders, the price of freight shipments governed by the price lists of individual carriers, therefore, the basic price of shipping will be calculated difference to the price according to price list shipments abroad.
- Payment Terms
The goods remain until full payment property of the seller.
Payment can be made in the following ways:
- cash on delivery (cash from a customer takes the carrier)
- upon personal collection in-store
- payment by card (credit card, debet card atc.) in personal posible
- for contract customers transfer to the bank account indicated on the invoice
Document is issued in a currency (Czech crown, CZK). Payment order must be entered in this currency for the amount due (not to reimburse the currency of the country where payment is sent). Failure to comply with the taxpayer runs the risk that the amount paid does not match the effect of exchange rate differences with the amount on the invoice.
Recommendation: Our company uses the payment system to foreign service of The Western Union Company (www.westernunion.com)
- Terms of delivery
The delivery time for goods is within 14 days after the conclusion of the contract, otherwise the contract is invalid and the parties may not claim any rights unless otherwise agreed. By agreement, the delivery date can be shifted later.
For services, the delivery time is sent to the buyer along with the order number. Delivery time for services is given by type of service, according to its difficulty and scope.
Incoming orders are handled in sequence as they are registered according to their number series and by the deadline specified in the order. You can not claim a priority order.
Goods can be delivered in the following ways:
- transport PPL - the shipment sent by us is usually delivered by the carrier anywhere in the Czech Republic the next day. The shipping price is governed by the current price list on the day of shipment.
- Czech post (Česká pošta) - takes place via Insured Parcel dispatch and carry on working days (Mon, Wed, Fri). Delivery time according to the conditions of the Czech Post. Price of transport is governed by the current price list on the day of departure.
- delivery abroad Czech post (Česká pošta) - takes place via Priority package (Slovakia) or Economy package (other countries) and expedition carry on working days (Mon, Wed, Fri). Delivery time according to the conditions of the Czech Post. Price of transport is governed by the current price list on the day of departure.
- delivery abroad (only Slovakia) transport service PPL - expedition takes place via the Export package. Price of transport is governed by the current price list on the day of departure.
- own transport buyer - seller notifies the buyer via email, that the shipment is ready to take over the carrier and the buyer can pick up the shipment during working hours at the store in Usti nad Labem. The buyer sends the seller specifying carrier, which pick up the shipment. Payment on delivery, the carrier must pay the seller upon delivery of the consignment.
- personally consumption (shop Usti nad Labem) – notify the seller via email, SMS buyer that the goods are ready for delivery and the buyer has the option to be picked up during business hours at the shop sellers in Usti nad Labem. Taking of goods during the lunch break (12: 00-13: 00) it is by appointment on tel. 734 255 005.
- The advantage of a personal collection is saving costs for postage and freight.
Damaged or incomplete shipment must be reported immediately by e-mail at the e-mail address email@example.com, draw up a damage report and this promptly sent by fax, e-mail or by mail to the seller. Additional complaints incompleteness or external damage to the shipment gives the seller the opportunity to demonstrate that there is no conflict with the contract.
Contractor is obliged to procure goods or packaged for transport in a way that is usual and according to the conditions of the carrier.
- Conflict with the contract
In the event that the matter on receipt by the buyer is not in conformity with the contract (hereinafter referred to as "conflict with the contract"), the buyer has the right to the seller free of charge and without undue delay, put the product in conformity with the contract, and according to the buyer in exchange either things, or correction. Unless such a procedure is not possible, the buyer may request a reasonable discount on the price or withdraw from the contract. This does not apply if the buyer about the conflict with the contract knew or conflict with the contract he has caused.
- The consumer's right to cancel the contract
If the purchase contract concluded by means of distance communication (the Internet), the consumer in accordance with § 53 par. 7 of the Civil Code, the right to withdraw from the contract within 14 days of receipt of goods. In this case, the consumer contacts the seller and preferably in writing, that it was withdrawing from the contract, stating the order number, purchase date and account number for the refund and possibly stating the reason for withdrawal. The withdrawal must be delivered to the Seller no later than the last day of the 14 day period.
Diese Bestimmung kann nicht als kostenloser Verleih von Waren angesehen werden. Verbraucher im Hinblick auf die Verwendung des Rechtes, vom Vertrag innerhalb von 14 Tagen nach Erhalt der Leistungen zurücktreten. Muss aber dem Lieferant alles, was er mit Vertrag gewann, zurückgeben. Ist es nicht denkbar (z. B. in der Zwischenzeit die Waren vernichtet sind oder konsumiert sind ), muss der Verbraucher finanzielle Entschädigung dafür zu schaffen, was nicht mehr ausgestellt sein kann. Wenn zurückgebrachte Waren nur teilweise beschädigt sind, kann der Verkäufer an dem Verbraucher das Recht anwenden, auf Entschädigung und kann seinen Anspruch auf Erstattung des Kaufpreises verlangen. Der Verkäufer ist in diesem Fall pflichtig die Schäden zu beweisen. In diesem Fall gibt Verkäufer dem Verbraucher nur um so reduzierten Kaufpreis.
This provision can not be understood as an opportunity to borrow free goods. Consumers in the case of using the right of withdrawal within 14 days of receipt of benefits, suppliers must give everything under a contract awarded. If it is not quite possible ( In the meantime the goods are destroyed or consumed), the consumer must provide monetary compensation in return, what can no longer be issued. If returned goods is only partially damaged, the seller may apply to the consumer the right to compensation and off its claim for refund of the purchase price. The seller in this case is required to prove the damage incurred. The seller in this case, the consumer returns the only way to lower the purchase price.The purchase price to be refunded to the buyer, the seller can also set off its actual expenses incurred for returning the goods.
The right of withdrawal the consumer has, in respect of contracts:
- na provision of services if their performance was started with agreement before the expiry of 14 days from the receipt of benefits.
- na supply goods or services whose price depends on fluctuations of financial markets beyond the control of the seller.
- na delivery of goods adjusted as desired by the buyer or his person, as well as goods subject to rapid deterioration, wear and tear.
- Right entrepreneurs withdraw from the contract
In the event that the buyer is an entrepreneur, it may be offered an alternative purchaser withdraw from the contract depending on the condition of returned goods, loss of guarantee and the actual price of the returned goods. Status goods is assessed by the seller. In the case nedohodnutí conditions acceptable to both parties, the goods will be returned at the expense of the buyer back. The seller is entitled to charge any additional costs incurred.
- Warranty conditions
The seller is responsible for the integrity and soundness of the delivered goods and its accessories at the time of delivery.
Seller warrants that the goods shall keep the usual features, functionality and suitability for use for the usual purpose minimum period specified by applicable law (unless stated otherwise).
The warranty period for goods is governed by §2161 and §2165 Law No. 89/2012 Coll. Civil Code.The service life of the product gives sellers a guarantee of six months from the time of receipt by the buyer. The buyer is entitled to exercise the right of defects that occur in consumer goods in the period of 24 months from acceptance.
Substantially defective goods is exclusively its full inapplicability.
Ein wesentlicher Mangel der Ware ist eine völlige Unbrauchbarkeit.
Besides the statutory claims based on defects of the delivered goods buyer is not entitled to compensation for other damages, lost profits or contractual penalties.
The condition for the free removal of defects within the warranty period is the use of the goods as intended by the manufacturer or the seller's instructions that are listed in the attached instructions for use or are listed in Service Manuals vehicle manufacturer. The seller is not obliged to deliver these manuals buyer, since the majority of goods supplied by the seller these products are designed for professional installation.
If the purchaser or a person other than the seller and without authorization carry out repairs or other interventions of the goods sold during the warranty period, the buyer loses the right of the guarantees provided.
The warranty does not cover damage caused by improper commissioning, improper installation, improper handling of the goods, his improper maintenance or improper interference. Condition for claiming the complaint procedure is proof of professional installation. Seller also warrants the goods due to the manner of its use or excessive stress is subject to premature wear. Seller further warrants the goods defects caused by improper storage by the buyer.
If there is a defect in the purchased goods, covered by the guarantee for the right of liability for defects in products sold only on the basis of a completed complaint protocol seller that the buyer will deliver on-demand vendor. The buyer is always obliged to prove the origin of the goods counterparts documents (invoices, receipts and order, according to sales documents that have been issued). Sales document also serves as a warranty certificate. When it comes to accessories or other goods subject to professional installation, must submit evidence of professional installation (service station, a person with professional qualifications etc.).
The complaint decided by a person authorized seller immediately but no later than within 30 days of receiving the complaint. In more complex cases it is not possible for the seller to decide on the legitimacy of the claim without comment by manufacturers of this seller promptly notify the buyer that the claim will be processed up to 180 days, according to the Commercial Code because it is a business relationship between buyer and seller just under the Commercial Code.
- Protection of personal data
Customer information is stored in compliance with the applicable laws of the Czech Republic, especially the Law on Personal Data Protection no. 101/2000 Coll. subsequent amendments and regulations. And together in accordance with European Parliament and Council Regulation (EC) 2016/679, DATED April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Directive 95/46/EC.
The company MOTO Ústí nad Labem s.r.o. informs that:
manages and processes listed below General and organisational personal data of individuals:
- first and last name
- billing address
- shipping address
- phone number
- IP address
- Login name
- verification for the purpose of identification data
The conclusion of the contractual relationship and acts resulting therefrom in accordance with the applicable laws of the Czech Republic.
Acquired, managed and processed personal data the company MOTO Ústí nad Labem s.r.o. KEEPS TRACK of after the necessary period according to the valid legal order of the Czech Republic, in particular according to the VAT Act (law of 1.4.2004 No. 235/2004 Coll. on value added tax) and Act No. 563/ 1991 Coll. of the accounting Act, but no longer than for a period of 10 years.
Personal data of natural persons the company MOTO Ústí nad Labem s.r.o. also provides for PROCESSING the following processors are contractually bound by the secrecy and the obligation to act in accordance with the abovementioned regulation, the EU 2016/679:
- TROELL company s.r.o., registered seat, 415 01 Teplice Doubravská 1615/28, company registration number 62245279 for the purpose of processing data in the framework of the e-shop MOTO Ústí nad Labem s.r.o.
- Mrs. Mary Bosákové, registered office: 214, nicknamed the 403 21 Usti nad Labem, company registration number 11424168 in order to data processing in the framework of the accounting and tax advisory services.
The company MOTO Ústí nad Labem s.r.o. further indicates that natural persons are:
- the claim to be informed, what personal information the company has
- the claim to access your personal data
- the claim to correct your personal data
- the claim to delete your personal information
- The claim to limit the processing of their personal data on the only strictly necessary information
- the claim on the portability of their personal data in the electronic format
- the claim to object to the processing of personal data
The above claims of the data subject may a natural person to exercise in the form of a written request sent to set up for this purpose, the contact email box MOTO Ústí nad Labem s.r.o.: firstname.lastname@example.org .