1. INTRODUCTORY PROVISIONS
1.1. In accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the ‘Civil Code’), these Terms and Conditions (hereinafter referred to as the ‘Terms and Conditions’) of the sole trader Macháč Motors s.r.o. with his registered office at Dolina 212, 742 72 Mořkov, Czech Republic ID no. 29396727, Tax ID no. CZ29396727 (hereinafter referred to as the ‘Seller’) govern the mutual rights and obligations of the Contracting Parties arising in connection with the conclusion of the Purchase Agreement (hereinafter referred to as the ‘Purchase Agreement’) between the Seller and another physical person (hereinafter referred to as the ‘Buyer’) via the Seller’s e-shop. The e-shop is operated by the Seller on a website located at https://www.kartengineshop.com (hereinafter referred to as the ‘website’) through the interface of the Website (hereinafter referred to as the ‘web interface of the shop’).
1.2. The Terms and Conditions do not apply to cases when a person intending to buy goods from the Seller is a legal person or person who acts in the framework of their business activity when ordering goods or in the framework of the independent pursuit of their profession. For wholesale relations, we will send you terms of sale on request.
1.3. Provisions derogating from the Terms and Conditions may be negotiated in the Purchase Agreement. Derogating arrangements in the Purchase Agreement shall take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drafted in English. The Purchase Agreement can only be concluded in English.
1.5. The Buyer is obligated to become acquainted with these Terms and Conditions of the Seller. By placing the order, the Buyer accepts these Terms and Conditions and agrees with their content.
2. USER ACCOUNT
2.1. Based on the Buyer’s registration made on the website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can perform the ordering of goods (hereinafter referred to as the ‘user account’). The Buyer can also order goods without registration directly from the web interface of the shop.
2.2. When registering on the website and when ordering goods, the Buyer is obligated to state all data correctly and truthfully. The Buyer is obligated to update the data stated in the user account upon any change. Data provided by the Buyer in the user account and when ordering goods are considered by the Seller to be correct.
2.3. Access to the user account is secured by a user name and password. The Buyer is obligated to maintain confidentiality regarding the information necessary to access his/her user account.
2.4. The Seller may cancel the user account, especially when the Buyer does not use his/her user account for more than a year, or immediately in a case when the Buyer breaches his/her obligations under the Purchase Agreement (including Terms and Conditions).
2.5. The Buyer notes that the user account may not be available continuously, especially with respect to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of the hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentations of the goods placed in the web interface of the shop are informative and the Seller is not obligated to conclude a purchase agreement for these goods. The provision of Section 1732 (2) of the Civil Code shall not apply. The order is a proposal for the conclusion of a purchase agreement.
3.2. The web interface of the shop contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods cannot, by definition, be returned through their normal postal route. Prices of goods are listed excluding VAT and all other taxes and fees. However, the prices of goods do not include the costs associated with the delivery of the goods (postage, transport). Prices of goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the Seller’s ability to conclude a purchase agreement for individually negotiated terms.
3.3. The web interface of the shop also excluding information on packaging and shipping costs. The price of the goods does not include costs associated with the delivery of the goods.for all orders, the shipping price will be calculated individually.
3.4. To order the goods, the Buyer shall complete the order form in the web interface of the shop. The order form contains, in particular, information on other ordered goods (the Buyer shall ‘place’ the ordered goods into the electronic shopping cart of the web interface of the shop).
The method of payment of the purchase price of the goods, details of the required way of delivery of the ordered goods, and information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the ‘Order’).
The errorless completion of the contact details is a prerequisite for the conclusion of the Purchase Agreement. In particular, if the e-mail address is not entered correctly, the receipt of the Order is not confirmed by the Seller and the Buyer is obligated to duly correct this data.
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and modify the data that the Buyer has placed in the Order, also with respect to the Buyer’s ability to identify and correct the errors incurred when entering the data into the Order. The Order shall be sent by the Buyer to the Seller by clicking on the appropriate order button. The data stated in the Order are deemed correct by the Seller. By properly filling in and sending the Order, the Buyer confirms, inter alia, that he/she agrees to these Terms and Conditions and the data and consents contained therein. Upon receipt of the Order, the Seller shall confirm this receipt to the Buyer by e-mail, to the e-mail address of the Buyer stated in the user account or in the Order (hereinafter referred to as the ‘e-mail address of the Buyer’). If the ordered goods are not in stock, or the stated delivery date cannot be met, or if the Order cannot be accepted for any other reason, the Buyer shall be informed about this via the e-mail address of the Buyer.
3.6. The Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing, by telephone, via SMS, or by double-checking), depending on the nature of the Order (quantity of goods, purchase price, estimated transport costs).
3.7. The Purchase Agreement is concluded between the Seller and the Buyer by delivery of the acceptance of the Order (acceptance), which is sent to the Buyer by the Seller by e-mail to the e-mail address of the Buyer.
3.8. The Buyer agrees to the use of remote means of communication when concluding the Purchase Agreement. Costs incurred to the Buyer when using remote means of communication in connection with the conclusion of the Purchase Agreement (costs of Internet connection, telephone call costs) are borne by the Buyer him-/herself, in which case these costs do not differ from the basic rate.
4. PRICE OF GOODS AND TERMS OF PAYMENT
4.1. According to the Purchase Agreement, the price of the goods and potential costs associated with the delivery of goods may be paid by the Buyer to the Seller in the following manner:
via a cashless wire transfer to the Seller’s bank account no. CZ06 0300 0000 0002 5058 2699, maintained by the Československé obchodní banky, a.s (BIC/SWIFT code: CEKOCZPP) company or to another bank account of the Seller (hereinafter referred to as the ‘Seller’s bank account’).
4.2. Together with the purchase price, the Buyer is also obligated to pay the Seller the costs associated with the delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price is understood as also the costs associated with the delivery of the goods.
4.3. The Seller does not ask the Buyer for a deposit or other similar payments. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions on the obligation to pay the purchase price of the goods in advance, nor to the case when the Buyer has chosen a cashless wire transfer to the Seller’s bank account or via a payment card as the payment method for the payment of the purchase price.
4.4. In the case of cashless payment, the purchase price is due within five working days of the conclusion of the Purchase Agreement.
4.5. In the case of cashless payment, the Buyer is obligated to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s bank account.
4.6. The Seller is entitled, in particular, in the event that the Buyer does not provide additional confirmation of the Order (Article 3.6), to request the payment of the full purchase price before the goods are dispatched to the Buyer. The provision of Section 2119 (1) of the Civil Code shall not apply. Similarly, if the Buyer has opted for a payment method for the payment of the purchase price using a cashless wire transfer to the Seller’s bank account or via a payment card, the goods shall be dispatched only after the purchase price has been credited to the Seller’s bank account.
4.7. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
4.8. If it is customary in the course of trade or if stipulated by generally binding legal regulations, the Seller shall issue a tax document – invoice, to the Buyer concerning the payments made under the Purchase Agreement. The Seller is a value-added taxpayer. The tax document – invoice, shall be issued by the Seller to the Buyer after the payment of the purchase price of the goods and shall be sent in the electronic form to the e-mail address of the Buyer.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the Purchase Agreement for the supply of goods, which had been adjusted according to the Buyer’s wish or for his/her person.
5.2. If the situation mentioned in Article 5.1. or another situation when it is not possible to withdraw from the Purchase Agreement is not the case, the Buyer, in accordance with the provision of Section 1829 (1) of the Civil Code has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods, in which case the subject matter of the Purchase Agreement consists of several types of goods and the delivery of several parts, this period runs from the date of the receipt of the last delivery of goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer may use the e-mail address: firstname.lastname@example.org, in the text of which he/she shall state: ‘I declare that I hereby withdraw from the Purchase Agreement of these goods: ….., order number ……….’. The Buyer may also send the withdrawal from the Purchase Agreement by correspondence to the address of the Seller’s business premises or to the e-mail address of the Seller stated in the contact details in Article 12 of the Terms and Conditions (hereinafter referred to as the ‘e-mail address of the Seller’).
5.3. In the case of withdrawal from the Purchase Agreement according to Article 5.2. of the Terms and Conditions, the Purchase Agreement shall be cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of the date of withdrawal from the Purchase Agreement. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned through their normal postal route.
5.4. The provision for the possibility to withdraw from the Purchase Agreement under Article 5.2. of the Terms and Conditions, however, cannot be understood as the possibility of free-of-charge lending of goods. In the event of the use of this right to withdraw from the Purchase Agreement, the Buyer must issue to the Seller everything he/she has acquired under the Purchase Agreement. If this is no longer possible (e.g. the goods have been destroyed or consumed in the meantime), the Buyer must provide a cash refund in return for what cannot be issued. If the returned goods are only partially damaged, the Seller may claim damages to the Buyer. Furthermore, the Buyer is liable for the reduction in the value of the goods, which arose from the handling of such goods other than necessary with respect to the nature and characteristics of the goods in order to become familiar with the nature and properties of the goods, including their functionality.
5.5. In the case of withdrawal from the Purchase Agreement according to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement, in the same manner as the Seller has received them from the Buyer. If the Buyer indicates his/her bank account details in the withdrawal notice, the Seller shall return the funds to the Buyer to the specified bank account.
The Seller is also entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or otherwise, provided that the Buyer agrees with it and no additional costs to the Buyer shall incur. If the Buyer withdraws from the Purchase Agreement, the Seller is not obligated to return the received funds to the Buyer before the Buyer has returned the goods or shows that the goods had been dispatched to the Seller.
5.6. The Seller is entitled to unilaterally count against the Buyer’s claim for a refund of the purchase price the claim for damages to the goods or other claims against the Buyer unless the set-off is legally ruled out.
5.7. Until the receipt of the goods by the Buyer, the Seller is entitled to withdraw from the Purchase Agreement for serious operational reasons (e.g. a sudden lack of capacities of the required goods, etc.). In such a case, the Seller shall return the purchase price to the Buyer without undue delay, via a cashless wire transfer to the Buyer’s bank account.
5.8. If a gift is provided to the Buyer together with the goods, the donation agreement between the Seller and the Buyer is concluded with a condition subsequent that should the Buyer withdraw from the Purchase Agreement in accordance with Article 5.2. of the Terms and Conditions, the donation agreement shall expire and the Buyer is obligated to return the given gift together with the goods to the Seller.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the mode of transport is agreed upon by a Buyer’s special request, the Buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the Seller is obligated to deliver the goods to a place specified by the Buyer in the Order, according to the Purchase Agreement, the Buyer is obligated to take over the goods upon delivery.
6.3. If for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the Order, the Buyer is obligated to pay the costs associated with the repeated delivery of the goods, or the costs associated with another delivery method.
6.4. Upon the takeover of the goods from the carrier, the Buyer is obligated to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating unauthorised entry into the consignment, the Buyer is not required to take over the consignment from the carrier.
7. DEFECTIVE PERFORMANCE RIGHTS
7.1. The rights and obligations of the Contracting Parties regarding the rights to defective performance are governed by the relevant generally binding legal regulations, in particular, Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., On Consumer Protection.
7.2. Other rights and obligations of the Contracting Parties related to the Seller’s liability for defects are governed by the Seller’s Complaints Procedure, which is an integral part of these Terms and Conditions.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods at the moment of receipt of the goods.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of provisions of Section 1826 (1) (e) of the Civil Code.
8.3. Amicable settlement of complaints of consumers is provided by the Seller through the e-mail address of the Seller. Information on the execution of complaints shall be sent by the Seller to the Buyer to the e-mail address of the Buyer.
8.4. The Seller is entitled to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within the defined range, inter alia, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
9. PERSONAL DATA PROTECTION
10. SENDING OF COMMERCIAL COMMUNICATIONS AND STORING OF COOKIES
10.1. The Buyer agrees to the sending of information related to the Seller’s goods, services, or business to the e-mail address of the Buyer, and also agrees to the sending of commercial communications to the e-mail address of the Buyer.
10.2. The Buyer agrees to the storing of so-called cookies on his/her computer. If it is possible to carry out a purchase on the website and fulfil the Seller’s obligations under the Purchase Agreement without so-called cookies being stored on the Buyer’s computer, the Buyer may withdraw the consent under the previous sentence at any time.
11.1. The delivery to the Buyer may be carried out to the e-mail address of the Buyer, or to the stated postal address.
12. FINAL PROVISIONS
12.1. Relationships not governed by the Terms and Conditions are governed by the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
12.2. If a relationship based on a purchase agreement contains an international (foreign) element, then the Contracting Parties agree that the relationship is governed by Czech law. If you are a consumer, and the provisions of the law of your habitual residence, from which you cannot derogate by law, provide you with a higher level of protection than the Czech legal order, this higher level of protection is provided to you in legal relations.
12.3. If any provision of the Terms and Conditions is invalid or ineffective or becomes such, a provision shall be introduced instead of the invalid provisions, the meaning of which shall be as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
12.4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.5. Seller’s contact details:
address for delivery: Machac Motors s.r.o., Lubina 252, 742 21 Kopřivnice, Czech Republic, email: email@example.com
12.6. Every consumer has the right to alternative dispute resolution of consumer disputes from a purchase agreement or a service agreement – ADR (alternative dispute resolution) A complete list of alternative dispute resolution bodies will be led by the Ministry of Industry and Trade: www.mpo.cz/cz/ochrana-spotrebitele/mimosoudni-reseni/. In most cases, the Czech Trade Inspection Authority is the supervisory authority: www.coi.cz.
12.7. These Terms and Conditions become effective from the date of their publication on the website and are applicable in the relevant wording to all orders made on that day and later. The Seller reserves the right to amend and supplement these Terms and Conditions. The new Terms and Conditions shall be published on the website. The date of its publication cancels the validity of the previous Terms and Conditions, but this does not affect the purchase agreements concluded under the current Terms and Conditions.
for customers of Machac Motors s.r.o.
The Complaints Procedure specifies the procedure of the Customer and In August Company s.r.o., (hereinafter referred to as the ‘Seller’) in the event that, despite all efforts made by the Seller to maintain the highest quality of the goods and services offered, a legitimate reason for a claim has arisen on the part of the customer.
I. Basic preconditions of claims
In the event of a defect in the purchased goods, it is the interest of the Seller to provide the Customer with such services so that the defect can be remedied in the shortest possible time period or otherwise resolved in accordance with this Complaints Procedure.
2. A change (of properties) in the goods that occurred during the period of liability for defects due to improper use or care cannot be considered as a defect.
3. The Customer makes the claim in any of the Seller’s sales galleries or directly at the Seller’s headquarters.
4. The receipt of the claim is immediately decided by the authorised worker of the sales gallery or the Seller.
5. Claims, including the removal of a defect, must be settled within 30 days of the date of making the claim at the latest unless agreed upon otherwise by the Seller and the Customer.
II. Deadlines for the enforcement of claims
The Customer is obligated to check the purchased goods immediately upon receipt.
2. The warranty period for the goods sold is twenty-four months and begins to run on the day of receipt of the goods by the Customer.
3. Rights of liability for defects of items, for which the warranty period applies, shall expire if not applied within the warranty period.
4. The Customer makes a claim without undue delay after he/she has been able to see the goods and identify the defect, but at the latest within the complaints period.
5. If the Customer’s claim is processed by the repair of the goods, the warranty period shall be extended from the time of the exercise of the right to remove the defect until the time when the Customer has taken over the repaired goods.
6. If a Customer’s claim is processed by the replacement of the defective goods with new goods, the new warranty period begins to run from the date of receipt of the new goods.
III. Methods of processing claims
If the defective performance is a substantial breach of contract, the Customer may request
a free of charge removal of the defect,
2. the delivery of a new item without defects, if it is not disproportionate with respect to the nature of the defect (if the defect is only a part of the item, the Customer can only request the replacement of that part),
3. if it is not possible to deliver a new item without defects, the Customer may withdraw from the contract,
4. if the Customer does not withdraw from the contract or does not exercise the right to the delivery of a new item without defects, to the replacement of its part, or the repair of the item, he/she may demand a reasonable discount.
If the defective performance is an irrelevant breach of contract, the Customer may request
1. a free of charge removal of the defect,
2. a reasonable discount on the purchase price.
Until the Buyer exercises the right to a discount on the purchase price or withdraws from the contract, the Seller can deliver what is missing or remove the legal defect. Other defects may be removed by the Seller, according to his/her choice, through repair or delivery of a new item; the choice must not cause unreasonable costs to the Buyer. If the Seller fails to remove the defect in time or refuses to remove the defect, the Buyer may demand a discount on the purchase price or may withdraw from the contract. The Buyer cannot change the carried-out option without the Seller’s consent.
IV. Claims when dispatching goods
1. Any disputes associated with the dispatch of goods must be claimed exclusively at the registered office of the company: Machac Motors s.r.o., Dolina 212, 742 72 Mořkov, Czech Republic.
2. When dispatching goods, it is, exceptionally, possible to encounter these types of claims:
a) a defect in the quality of the product or packaging,
b) damage to the goods or packaging during transport,
c) loss of the consignment,
d) other claims.
2A) The recommended customer procedure for claiming product quality:
a) send the claimed product or its part to the Seller without undue delay,
b) send a cover letter containing the following particulars or attachments together with the claimed goods:
– indicate whether this is a complaint about product quality,
– for customs purposes, indicate the price information – ‘free of charge, without commercial value’,
– a description of the claimed defect,
– the consignment identification number,
– a photocopy of the Seller’s invoice,
– the return address of the Customer,
– the Customer request for the complaint handling method,
– the Customer’s original signature.
2B) The recommended customer procedure for claiming damage to goods during transport:
a) send the following data or attachments in a cover letter to the Seller without undue delay:
– the delivery identification number (DELIVERY ORDER No.)
– at least a photograph of the damaged goods (if a photograph is not available, it is necessary to send the broken goods back), for customs purposes, indicate the price information – ‘free of charge, without commercial value’
– a description and quantity of the damaged goods,
– a photocopy of the Seller’s invoice,
– the Customer’s address,
– the Customer’s request for the complaint handling method,
b) store the damaged goods for a possible inspection by an insurance commissioner of the insurance company, the value of which is higher than 30,000 CZK (1,200 EUR)
2C) Customer procedure for claiming loss of consignment during transport:
If the consignment has not been delivered correctly and in time (within the specified time period) to the address of the Customer, it is necessary to immediately send a cover letter containing the following data and attachments to the Seller:
– the identification number of the lost consignment,
– the delivery address of the Customer,
3. The Seller shall, as soon as he/she receives the claim and the accompanying documents, inform the Customer of the manner in which his/her claim will be processed.
4. Non-delivery of a consignment due to the Customer’s erroneous indication of address cannot be considered a claim and the Customer bears all the costs associated with the re-dispatch of this consignment.
V. Final Provisions
The Complaints Procedure is governed by the relevant provisions of the Civil Code No. 89/2012 Coll., in particular Section 2161 et seq. and Act No. 634/1992 Coll., On Consumer Protection. It enters into force and is effective on February 19 2022.