I. INTRODUCTORY PROVISIONS
- These general Terms and Conditions ("GTC" or "Terms and Conditions") of KB BARKO s.r.o., with its registered office at Na Zizkově 266/55, Liberec 6, postal code 460 06, ID: 25026917, registered in the Commercial Register, conducted by the Regional Court in Usti nad Labem, Section C, insert 12981 (hereinafter referred to as "KB BARKO s.r.o." or "Seller"), in accordance with the provisions of section § 1751 of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the "Civil Code") regulate mutual rights and obligations of the contracting parties arising in connection or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller´s online e-shop. The internet shop is operated by the seller on a website located at the internet address www.retro-auta.com (hereinafter referred to as the "website") via a web interface (hereinafter referred to as the "web interface of the shop").
- The Terms and Conditions shall not apply in cases where the person who intends to purchase the goods from the seller is a legal person or a person who acts in ordering the goods in the course of his business or in the course of his own profession.
- Provisions deviating from the Terms and Conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the Terms and Conditions.
- The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract can be concluded in the Czech language.
- The wording of the Terms and Conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
II. USER ACCOUNT
- Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
- When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
- Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
- The buyer is not entitled to allow the use of the user account to third parties.
- The seller may cancel the user account, especially if the buyer does not use his user account for more than 2 years, or if the buyer violates its obligations under the purchase agreement (including Terms and Conditions).
- The Buyer acknowledges that the user account may not be available continuously, especially in the case of necessary maintenance of hardware and software equipment of the seller or the necessary maintenance of hardware and software equipment of third parties.
III. CONCLUSION OF THE PURCHASE CONTRACT
- All presentation of goods placed in the web interface of the e-shop is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 paragraph 2 of the Civil Code shall not apply.
- The web interface of the e-shop contains information about the goods, including the prices of the individual goods offered and the costs for returning the goods, if these goods cannot, by their nature, be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the e-shop. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions. All offers for the sale of goods placed in the web interface of the e-shop are non-binding and the seller is not obliged to enter into a purchase agreement regarding these goods.
- The web interface of the e-shop also contains information on the costs associated with the packaging and delivery of goods. The actual costs of packaging and delivery may in fact differ from the information on costs associated with packaging and delivery of goods listed in the web interface of the e-shop according to the method and country of delivery.
- The buyer fills in the order form in the web interface of the e-shop to order the goods. The order form contains in particular information about:
◦ the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the e-shop),
◦ the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods
◦ information on costs associated with the payment and delivery of goods (hereinafter collectively referred to as "order")
◦ contact details required for trouble-free delivery of the consignment.
- Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Order now" button. The seller considers the data stated in the order to be correct. Immediately after receiving the order, the seller will confirm this order to the Buyer by e-mail to the Buyer's e-mail address specified in the order (hereinafter referred to as the "Buyer's e-mail address").
- The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example in writing or by phone) or prepayment for this order before sending the goods.
- The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order, which the seller sends to the buyer by e-mail, to the buyer's e-mail address.
- The buyer acknowledges that the seller is not obliged to enter into a purchase agreement, especially with persons who have previously materially breached the purchase agreement (including the terms and conditions).
- The buyer agrees to the use of means of distance communication when concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding the purchase agreement (the cost of Internet access, telephone costs) are paid by the buyer himself, these costs do not differ from the standard rate.
IV. PURCHASE PRICE AND PAYMENT TERMS
- The purchase price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
- Paypal payment or non-cash transfer to the seller's account No. 2301525440/2010 kept at Fio banka Liberec (hereinafter referred to as the "seller's account") before delivery of the goods;
- all prices in the e-shop catalogue are given in euros (EUR), always incl. VAT.
- Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
- The seller does not require a deposit or other similar prepayment from the buyer. This does not affect the provisions of Article IV, paragraph 6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
- In the case of payment cash on delivery or in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract.
- In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods and indicate the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
- The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article III, paragraph 6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 paragraph 1 of the Civil Code shall not apply.
- Any discounts on the price of goods provided by the seller cannot be combined with each other.
- If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and is sent in printed form with the goods or in electronic form to the buyer´s electronic address.
V. WITHDRAWAL FROM THE PURCHASE AGREEMENT
- The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods modified according to the Buyer's wishes or for him, from the purchase contract for the delivery of perishable goods and goods, which has been irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in a sealed package which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of audio or video recordings or computer program packaging.
- If it is not a case referred to in Article V. paragraph 1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen days from the receipt of the goods, and in the event that the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence to the address of the seller's office or to the seller's e-mail address email@example.com.
- In the event of withdrawal from the contract pursuant to Article V. paragraph 2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail. The goods must be returned to the seller undamaged and with undamaged protective original packaging.
- In the event of withdrawal from the contract pursuant to Article V, paragraph 2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
- In the event of withdrawal from the contract pursuant to Article V, paragraph 2 of the Terms and Conditions, the seller shall return the purchase price to the buyer, including the costs incurred for the delivery of goods listed on the tax document and paid by the buyer. If the buyer returned only part of the ordered goods in accordance with Article V, paragraph 2 of the Terms and Conditions, the buyer is not entitled to a refund of the costs incurred for the delivery of the goods.
- The buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to compensation from the buyer. The seller can deduct the amount of damage from the buyer's right to a refund of the purchase price.
- If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift loses effect and the buyer is obliged to return given a gift.
VI. TRANSPORTATION AND DELIVERY OF GOODS
- The method of delivery of goods is determined by the seller according to the nature and size of the goods, unless otherwise stipulated in the purchase contract. If the mode of transport is contracted on the basis of the buyer's request, the buyer bears the risk and any additional costs associated with this mode of transport.
- If, according to the purchase contract, the seller is obliged 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. If the buyer does not take over the goods upon delivery, the seller is entitled to withdraw from the purchase contract.
- In the event of the need for repeated delivery for reasons on the part of the buyer or delivery in a manner other than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods or costs associated with other methods of delivery.
- When taking the goods from the carrier the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In the event of finding a violation of the packaging indicating unauthorized entry into the shipment or damage to the shipment, the buyer does not have to take over the shipment from the carrier.
- Other rights and obligations of the parties in the transport of goods may be regulated by the delivery conditions of the seller.
VII. DEFECT LIABILITY, WARRANTY
- The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
- The seller is responsible to the buyer that the goods are not defective upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
◦ the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, the characteristics described by the seller or the manufacturer or expected by the buyer having regard to the nature of the goods and the advertising they make,
◦ the goods fit the purpose stated by the seller for their use or for which goods of this kind are usually used,
◦ the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model
◦ The goods are in the appropriate quantity, measure or weight, and
◦ the goods comply with the requirements of legal regulations
- The provisions referred to in Article 7 paragraph 2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by normal use, to used goods for a defect corresponding to the degree of use or wear accepted by the buyer when the goods were delivered, or as a result from the nature of the goods.
- If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.
- The rights arising from defective performance are applied by the buyer with the seller at the address of his establishment Kralická 79/11, 460 07 Liberec 7. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
- Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
VIII. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The buyer acquires ownership of the goods by paying the full purchase price of the goods.
- The buyer acknowledges that the software and other components that make up the web interface of the e-shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to carry out any activity that could allow him or third parties to interfere or illegally use the software or other components that make up the web interface of the store.
- The Buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the e-shop, which could have a negative effect on the operation of the web interface of the e-shop. The web interface of the store can be used only to the extent that does not restrict the rights of other customers of the seller and which is in accordance with its purpose.
- In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company Identification Number: 000 20 869, Internet address: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract.
- The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll. on consumer protection, as amended.
- The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
IX. PROTECTION OF PERSONAL DATA AND SENDING OF COMMERCIAL MESSAGES
- The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
- The buyer agrees to the processing of the following personal data: name and surname, residential address, delivery address, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as "personal data").
- The buyer agrees to the processing of personal data by the seller, for the purpose of applying the rights and obligations under the purchase agreement. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data in full range to this article is not a condition that would make it impossible to conclude a purchase contract.
- The buyer acknowledges that he is obliged to state his personal data (when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay of a change in his personal data.
- The seller may authorize a third party to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
- Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
- The buyer confirms that the personal information is accurate and that he was advised that it is voluntarily provide personal information.
- In the event that the buyer considers that the seller or processor (Article IX, paragraph 5) carries out the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if personal data inaccurate with regard to the purpose of their processing, may:
◦ ask the seller or processor for an explanation,
◦ require the seller or processor to remedy the situation thus created.
- If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
X. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
- The buyer agrees to the sending of information related to the goods, services or business of the seller to the buyer´s electronic address and agrees to the sending of commercial communications by the seller to the buyer´s electronic address.
- The buyer agrees to the storage of cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
- Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, in person or by registered mail through the postal service provider (at the option of the sender). It is delivered to the buyer to the e-mail address specified in the order.
- The message is delivered:
◦ in the case of delivery by e-mail at the time of its receipt on the incoming mail server; the integrity of messages sent by e-mail can be ensured by a certificate,
◦ in the case of delivery in person or through a postal service provider by taking over the consignment by the addressee,
◦ in the case of delivery in person or through a postal service provider, also by refusing to accept the item, if the addressee (or the person authorized to accept the item on his behalf) refuses to accept the item,
◦ in case of delivery via the postal service provider after ten days from the deposit of the item and giving the addressee an invitation to take over the stored item, if the item is deposited with the postal service provider, even if the addressee did not learn about the deposit .
XII. FINAL PROVISIONS
- If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
- If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
- The purchase contract, including terms and conditions, is archived by the seller in electronic form and is not accessible.
- Seller's contact details: delivery address KB Barko s.r.o., Kralická 79/11, 460 07 Liberec 7, firstname.lastname@example.org, telephone +420 482 770 244.
In Liberec, 31st November 2016