I. Basic provisions
1. These General Terms and Conditions (hereinafter the “ Terms and Conditions ”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “ Civil Code ”)
Adela Sobotkova, Ing.
ID number: 08078432
registered office: České Budějovice, Roudenská 492/20
registered at the Municipal Office of České Budějovice, file number Ž / 3282/2019 / BV / 1033095
Phone: +420 736 676 331
www: http://www.holder4bikers.eu (hereinafter referred to as “Seller”)
2. These Terms and Conditions govern the mutual rights and obligations of the Seller and the natural person who concludes the purchase contract outside its business as a consumer or in the course of its business (hereinafter referred to as " Buyer ") through a web interface located on a website available on the Internet to the address http://moto-drzak-mobilu.kvalitne.cz (hereinafter referred to as the " Internet shop ").
3. The provisions of the Terms and Conditions form an integral part of the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of these terms and conditions.
4. These Terms and Conditions and the Purchase Agreement are concluded in the Czech language.
II. Product information and prices
1. Information about the goods, including the prices of the individual goods and its main features are given for the individual goods in the e-shop catalog. The prices of the goods are inclusive of value added tax, all related fees and the cost of returning the goods, if such goods cannot by their nature be returned by the normal postal route. The prices of the goods remain valid for as long as they are displayed in the online store. This provision shall not preclude the conclusion of a purchase contract under individually negotiated conditions.
2. All presentations of goods placed in the catalog of the e-shop are of informative character and the seller is not obliged to conclude a purchase contract regarding these goods.
3. Information on the cost of packaging and delivery of goods is published in the online shop. Information on the costs associated with packaging and delivery of goods stated in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
III. Order and conclusion of the purchase contract
1. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself. These costs do not differ from the standard rate.
2. The buyer orders the goods in the following ways:
- through his / her customer account if he / she has previously registered in the online store,
- filling in the order form without registration.
3. When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and change the data entered in the order. The buyer sends the order to the seller by clicking on the "SEND ORDER" button. The data listed in the order they are deemed correct by the seller. The condition of validity of the order is to fill in all required information in the order form and to confirm the buyer that he / she has become acquainted with these terms and conditions.
5. Upon receipt of the order, the Seller shall send the Buyer a confirmation of receipt of the order to the email address entered by the Buyer upon ordering. This confirmation is automatic and is not considered a contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded after the receipt of the order by the seller. The order receipt is delivered to the buyer's email address. / Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation shall be deemed to be the conclusion of the contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded by the seller confirming the order to the buyer's email address.
6. If any of the requirements specified in the order cannot be met by the Seller, the Seller shall send the Buyer a modified offer to the Buyer's email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is in this case concluded by the buyer confirming the acceptance of this offer to the seller's email address specified in these terms and conditions.
7. All orders received by the Seller are binding. The buyer may cancel the order until the buyer receives a notification of receipt of the order by the seller. The Buyer may cancel the order by telephone to the Seller's telephone number or email specified in these Terms and Conditions.
8. If there is an obvious technical error on the part of the Seller in the price of the goods in the online store or during the ordering process, the Seller shall not be obliged to deliver to the Buyer the goods for this obviously erroneous price. receiving an order according to these terms and conditions. The Seller shall inform the Buyer of the error without undue delay and send the Buyer a modified offer to the Buyer's email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is in this case concluded by confirmation of receipt by the buyer to the email address of the seller.
IV. Customer's account
1. Based on the buyer's registration in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
2. When registering in the customer account and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
3. Access to the customer account is secured by username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer account by third parties.
4. The Buyer is not entitled to allow the use of the customer account by third parties.
5. The Seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer breaches his obligations under the purchase contract and these terms and conditions.
6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, respectively. necessary maintenance of third party hardware and software.
V. Payment terms and delivery of goods
1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer in the following ways:
- bank transfer to the bank account of the seller no.1023303658 / 6100, held at Equa bank
- payment via Gopay gateway
- Cash on delivery at handover
- in cash or by credit card for personal collection
2. Together with the purchase price, the buyer is obliged to pay to the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price includes the costs associated with the delivery of goods.
3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 14 days of the conclusion of the purchase contract.
4. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the bank account of the seller.
5. The Seller does not require any advance or other similar payment from the Buyer. The payment of the purchase price before sending the goods is not a deposit.
6. The goods are delivered to the buyer:
- to the address specified by the buyer to the order
- through the parcel dispatcher to the address of the dispenser designated by the buyer,
- personal collection at the seller's premises
7. The method of delivery is selected when ordering the goods.
8. The cost of delivery of the goods depending on the method of sending and receiving the goods are stated in the Buyer's order and in the order confirmation by the Seller. If the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.
9. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. costs associated with other delivery methods.
10. Upon receipt of goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods and in case of any defects notify the carrier immediately. In the event of a violation of the packaging, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier.
11. The Seller shall issue to the Buyer an invoice - document. The document is enclosed with the delivered goods.
12. The buyer acquires title to the goods by paying the full purchase price for the goods, including delivery costs, but at the earliest upon receipt of the goods. Liability for accidental destruction, damage or loss of the goods shall pass to the Buyer at the moment of acceptance of the goods or at the moment when the Buyer was obliged to take over the goods, but did not do so contrary to the purchase contract.
VI. Withdrawal from the contract
1. The buyer who concluded the purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
2. The withdrawal period shall be 14 days
- from the date of receipt of the goods,
- from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts
- from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
3. The buyer may not withdraw from the purchase contract:
- the provision of services if they were performed with his prior explicit consent before the withdrawal period has expired and the seller has informed the buyer before the conclusion of the contract that in this case he is not entitled to withdraw from the contract,
- on the supply of goods or services the price of which depends on fluctuations of the financial market independently of the seller's will and which may occur during the withdrawal period,
- on the supply of alcoholic beverages, which can be delivered only after thirty days and whose price depends on fluctuations in the financial market independent of the seller's will,
- on the delivery of goods which have been modified according to the wishes of the buyer or for his person,
- the delivery of perishable goods and goods which have been irreversibly mixed with other goods after delivery,
- delivery of goods in a sealed package which the buyer has removed from the package and cannot be returned for hygienic reasons,
- delivery of audio or video recordings or computer programs if they have breached their original packaging,
- delivery of newspapers, periodicals or magazines,
- delivery of digital content, unless delivered on a tangible medium and delivered with the Buyer's prior express consent before the withdrawal period has expired and the Seller has informed the Buyer before the conclusion of the contract that he is not entitled to withdraw from the contract,
- in other cases referred to in § 1837 of the Civil Code.
4. To comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
5. For withdrawal from the contract, the buyer may use the model withdrawal form provided by the seller. Withdrawal from the Purchase Agreement shall be sent by the Buyer to the Seller's email or delivery address specified in these Terms and Conditions. The Seller shall confirm the receipt of the form to the Buyer without delay.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the withdrawal from the contract to the seller. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by their normal postal nature.
7. If the Buyer withdraws from the Contract, the Seller shall return to the Buyer without delay, but no later than 14 days after withdrawal from the Contract, all funds including delivery costs received from him in the same manner. The Seller shall return the funds received to the Buyer by other means only if the Buyer agrees with it and does not incur additional costs.
8. If the Buyer has chosen a method other than the cheapest method of delivery offered by the Seller, the Seller shall return to the Buyer the cost of delivery of the goods corresponding to the cheapest method of delivery offered.
9. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that the goods sent to the seller.
10. The goods must be returned to the Seller undamaged, unused and unpolluted and if possible in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer's claim for refund of the purchase price.
11. The Seller is entitled to withdraw from the Purchase Agreement due to the sellout of the inventory, unavailability of the goods, or if the manufacturer, importer or supplier of the goods has stopped the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return within 14 days of the notice of withdrawal from the Purchase Contract all funds including delivery costs received from him under the Contract in the same way or in the manner specified by the Buyer.
VII. Rights from defective performance
1. The seller is liable to the buyer that the goods are free from defects. In particular, the seller is liable to the buyer that at the time when the buyer took over the goods:
- the goods have the properties agreed by the parties and, in the absence of an agreement, the goods described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out,
- the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
- the goods conform to the quality or design agreed upon in the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
- the goods are of an appropriate quantity, measure or weight, and
- the goods comply with legal requirements.
2. If the defect becomes apparent within six months of receipt of the goods by the buyer, the goods shall be deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed, to wear of the goods caused by its normal use, to second-hand goods with a defect corresponding to the level of use or wear because of the nature of the goods.
3. In the event of a defect, the Buyer may submit a claim to the Seller and request:
- exchange for new goods,
- repair of goods,
- reasonable discount on the purchase price,
- withdraw from the contract.
4. The buyer has the right to withdraw from the contract,
- if the goods have a material defect,
- if he / she cannot properly use the item for repeated occurrence of a defect or defects after repair,
- in the case of multiple defects of goods.
5. The Seller is obliged to accept the complaint at any establishment in which acceptance of the complaint is possible, possibly also at the registered office or place of business. The Seller is obliged to give the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and what method the complaint is requested by the Buyer, as well as confirmation of the date and method of handling the complaint, rejection of the complaint.
6. The Seller or an employee authorized by the Seller shall decide on the claim immediately, in complex cases within three working days. This period does not include a reasonable time depending on the type of product or service required for expert assessment of the defect. Complaints, including the removal of defects, must be settled without delay, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The expiry of this period in vain is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract. The moment when the claim of the buyer (exercise of the right from defective performance) occurs to the seller is considered the moment of the claim.
7. The Seller shall inform the Buyer in writing of the result of the claim.
8. The buyer does not have the right from defective performance if the buyer knew before the takeover of the thing that the thing was defective or if the buyer caused the defect himself.
9. In the case of a justified claim, the buyer has the right to reimbursement of reasonably incurred costs incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the warranty period has expired.
10. The buyer has the choice of way of claim.
11. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
12. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaints procedure.
1. The Contracting Parties may transmit all written correspondence to each other by electronic mail.
2. The Buyer shall deliver correspondence to the Seller at the email address stated in these Terms and Conditions. The Seller shall deliver the correspondence to the Buyer to the email address stated in his customer account or order.
XI. Out-of-court settlement of disputes
1. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the sales contract.
2. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
3. The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection.
X. Final provisions
1. All arrangements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legal regulations.
2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 para. e) of the Civil Code.
3. All rights to the Seller's website, in particular copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or its part without the consent of the seller.
4. The Seller shall not be liable for errors resulting from interference of third parties in the Internet shop or due to its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not engage in any activity that could allow him or third parties to tamper with or use the software or other components of the online store and use the online store, or parts or software equipment in such a manner as to conflict with its purpose or purpose.
5. The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
7. The text of the Terms and Conditions may be amended or supplemented by the Seller. This provision shall be without prejudice to rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
8. An annex to the Terms and Conditions is a sample withdrawal form.
These Terms and Conditions come into effect on 1 January 2019