Terms and Conditions of
Motoholders s.r.o.
1. Introductory provisions
These Terms and Conditions relate to sale of goods through online shop www.motoholders.cz, www.motoholders.de, www.motoholders.com.
Seller:
Motoholders s.r.o.
company identification No.: 28304829
with the registered office at Zahradnická 286/9, Brno, 603 00 e-mail: Diese E-Mail-Adresse ist vor Spambots geschützt! Zur Anzeige muss JavaScript eingeschaltet sein!
Purchaser:
Natural person and/or legal entity, which orders goods from online shop www.motoholders.cz, www.motoholders.de, www.motoholders.com.
If contracting party is a consumer, relations not regulated hereby shall be governed by the Civil Code (No.89/2012 Coll.) and
Consumer Protection Act (No. 634/1992 Coll.). If contracting party is a business entity, relations not regulated hereby shall be governed by the
Civil Code (No. 89/2012 Coll.).
By submitting of binding order the Purchaser expresses its consent to these Terms and Conditions and payment terms and assumes an obligation to respect them fully.
2. Manner of ordering and entering into a purchase agreement
Goods (in particular components for racing motorcycles) are ordered by the Purchaser on websites www.motoholders.cz, www.motoholders.de, www.motoholders.com by means of electronically completed form. Only the duly completed order containing all prescribed requisites shall be considered as valid. Orders placed by means of online shop shall be considered as binding.
The photographs of the Goods are illustrated. The Purchaser acknowledges that the graphic form of the
Goods may defer from the graphic form depicted on the photographs.
Electronic system serving for purchase of the goods on the above-mentioned websites is set in such manner that in the case of ordering to certain countries it contains quantification of costs for transport of the goods and thus the order may be completed within such form (see var. A below). If however the selected countries are not concerned, the order may not be completed within the electronic system since the price for transport must be calculated by the Seller individually before this step (see var. B below).
A) Orders to countries, at which the electronic system allows quantifying of transport price
The below-mentioned conditions stated under this letter relate to orders of the goods, which will be delivered to the countries, at which the electronic system calculates the price for transport of the goods.
Placement and description of offered goods on the Seller’s websites shall be considered as proposal for entering into a purchase agreement (offer). The agreement comes into existence at the moment of sending of the order (acceptance) by the Purchaser. Before sending of the order to the Seller the Purchaser is allowed to check and change data entered by it in the order. By sending of the order the Purchaser confirms at the same time that it acquainted itself with these Terms and Conditions and that it agrees with it. By sending of the order the Purchaser accepts the price of the goods, chosen manner of transport, payment and all other agreed terms.
After entering into the agreement the Purchaser shall receive an invoice with a 7-day maturity. After payment thereof a tax document shall be issued for the Purchaser and the goods shall be sent.
Place of delivery of the goods is delivery address stated by the Purchaser in the order form. The Purchaser agrees with use of means of distant communication when entering into the purchase agreement. The Purchaser shall pay the costs arisen to it when using means of distant communication in connection with entering into the purchase agreement (costs for Internet connection, costs for telephone calls) by itself.
Only the goods placed on the Seller’s websites may be subject of the purchase agreement.
B) Orders to countries, at which the electronic system does not allow quantifying of transport price
The below-mentioned conditions stated under this letter relate to orders of the goods, which will be delivered to the countries, at which the electronic system does not calculate the price for transport of the goods. Price for the transport is thus not mentioned here and the Seller shall calculate it individually.
Thus sending of the Purchaser’s order by means of shopping cart on the mentioned web portals shall be proposal for entering into the purchase agreement (offer). Before sending of the proposal to the Seller the Purchaser is allowed to check and change data entered by it in the proposal. By sending of the proposal the Purchaser confirms at the same time that it acquainted itself with these Terms and Conditions and that it agrees with it. The Seller shall then price transport of the goods to the locality chosen by the Purchaser and send to the Purchaser by e-mail offer of price for the transport. In the case that the Purchaser agrees with the price for transport and sends confirming e-mail to the Seller, the purchase agreement is concluded. By sending of confirming e-mail the Purchaser accepts price of the goods, chosen manner of
transport, payment and all other agreed terms and confirms at the same time that it acquainted itself with these Terms and Conditions and that it agrees with it.
After entering into the agreement the Purchaser shall receive an invoice with a 7-day maturity. After payment thereof a tax document shall be issued for the Purchaser and the goods shall be sent.
Place of delivery of the goods is delivery address stated by the Purchaser in the order form. The Purchaser agrees with use of means of distant communication when entering into the purchase agreement. The Purchaser shall pay the costs arisen to it when using means of distant communication in connection with entering into the purchase agreement (costs for Internet connection, costs for telephone calls) by itself.
Only the goods placed on the Seller’s websites may be subject of the purchase agreement.
3. Price and payment terms
Information on the goods and price stated by the Seller shall be binding except for an apparent mistake. The prices are presented including all taxes and fees. Charges for packing are included in total price.
Goods produced in the Czech Republic are free from VAT:
• in the case of their delivery to another member state of EU, however only under condition that the Purchaser is an entrepreneur,
VAT payer within international system.
• in the case of delivery to a country, which is not a member state of EU
In the case the VAT is not payed in the Czech Republic, the Purchaser is obliged to pay the VAT in the country of delivery.
Costs for delivery of the goods by the third party are in the case of delivery within EU countries added to price of the goods already in the order form (see Article 2A). Costs for delivery of goods by the third party in the case of delivery outside of EU countries are discussed with the Purchaser within e-mail communication (see Article 2B)
4. Delivery terms
The Purchaser shall be obliged to state the correct and complete postal address, to which the ordered goods shall be sent. The Seller shall not be liable for stating of incorrect address and failure in delivery of the goods.
The goods shall be sent to the Purchaser at the latest within 10 business days from crediting of the Seller’s bank account with the purchase price. In the case that it is not possible to deliver the goods in the due term, the Purchaser shall be notified at the latest on the 5th business day after the date of placement of the order.
The Purchaser shall be obliged to take over the goods duly from the carrier, check integrity of packaging and in the case of any defects to inform the carrier immediately. Complaint procedure should be initiated at the carrier immediately and copy of the record should be sent to the Seller without undue delay otherwise there shall be no right to additional complaints about incompleteness or damage to the delivery. In the case that any damage is found we recommend to the Purchaser to refuse the consignment in its own interest. By signing of delivery note the Purchaser confirms that the consignment fulfilled all above-
mentioned conditions and requisites and later complaints concerning damage to packing of the consignment shall not be taken into account.
In the case that the Purchaser refuses to take over the goods groundlessly, the Seller shall be entitled to apply against it contractual penalty of 5% of the invoiced amount and mail charges for delivery back to the Seller.
5. Rights and duties from defective performance
A) Quality at takeover
If the taken goods have deficiencies (e.g. it is not complete, quantity differs from ordered quantity etc.), these are defects of the goods, for which the Seller is liable.
The Purchaser may lodge at the Seller, at the latest within two years from takeover of the goods under its requirement, claim to free removal of defect or to appropriate discount of the price; unless it is
inadequate to nature of the defect (in particular, if the defect may not be removed without undue delay), requirement for delivery of new thing without any defects or new part without defect, if defect relates only to such part, may be exercised.
If repair or replacement of the goods is not possible, the Purchaser may on the basis of withdrawal from the agreement require reimbursement of the price at its full amount.
During six months from takeover it shall be presumed that defect of the goods existed already before takeover of the goods. The Seller shall not be obliged to comply with the Purchaser’s claim, if it proves that the Purchaser knew about the defect before takeover or that it caused it.
B) Statutory laws from defects
The Seller provides warranty for goods being sold of 24 months. The Seller undertakes that the sold thing will be fit for the mentioned period for use for common purpose or that it will keep its usual properties.
Exclusions from warranty:
• Use of goods in contradiction with legal regulations
• Use of goods in contradiction with their purpose or incorrect use by user
• Use of the goods in competitions and races
• Defects caused by unprofessional or incorrect assembly of the goods
• Wear and tear of the goods caused by its customary use
The Purchaser shall be obliged to exercise at the Seller the right from defect without undue delay, however at the latest in the warranty period.
In this period the Purchaser may lodge a claim and require at its discretion concerning defect that means material breach of the agreement:
- Removal of the defect by delivery of new thing without defect or by delivery of missing thing
- Free removal of defect by repair
- Adequate discount of the price, or
- Refunding of price on the basis of withdrawal from agreement
Material shall be such breach of the agreement, on which the breaching party knew or must have known already when concluding the agreement that the other party would not enter into the agreement, if it anticipated such breach.
In the case of defect that means immaterial breach of the agreement the Purchaser shall be entitled to removal of the defect or appropriate discount of the purchase price.
If removable defect occurred after repair repeatedly (third complaint for the same defect or the fourth for different defects), the Purchaser may exercise the right to discount of the purchase price, replacement of the goods or it may withdraw from the agreement.
The Seller shall not be liable for defects arisen in the consequence of ordinary wear and tear, careless handling of the goods by the Purchaser or by damage by the Purchaser. It shall also not be liable for variations in color, design etc.
Rights from defective performance shall be asserted by the Purchaser at the Seller through electronic address Diese E-Mail-Adresse ist vor Spambots geschützt! Zur Anzeige muss JavaScript eingeschaltet sein!. It shall send the product for consideration of the complaint to the Seller’s address. The Seller shall decide within 30 days on result of the complaints procedure.
6. Withdrawal from agreement
The Purchaser (only if it is a consumer) shall have the right to withdraw from the agreement at the latest within 14 days from takeover of the goods. In such case the Purchaser shall be obliged, without undue delay, at the latest within 14 days from withdrawal from the agreement, to hand over the goods, which it received from the Seller, to the Seller. The goods must be handed over undamaged. Costs for delivery shall be borne by the Purchaser. In the case of non-observance of such conditions, the withdrawal may not be considered as due. The Purchaser shall be obliged to inform the Seller on its intention to withdraw from the agreement to the address Diese E-Mail-Adresse ist vor Spambots geschützt! Zur Anzeige muss JavaScript eingeschaltet sein!. Returned goods sent cash on delivery shall not be taken over.
After receipt of the returned goods the Seller shall return to the Purchaser immediately the corresponding sum (price of the goods) in the manner agreed in advance (postal order, transfer to account). Costs connected with transport of returned goods shall be paid by the Purchaser.
An integral part hereof is formed under provision of Section 1820 of the Civil Code, paragraph 1. letter f) by a withdrawal form.
7. Copyright
Materials, products and other accompanying materials published on www.motoholders.cz, www.motoholders.de, www.motoholders.com, are subject of intellectual property, they are subject to copyright and industrial right protection. Any treatment (publishing, copying of content, disclosing by means of electronic communication networks, imitation, multiplication, dissemination, displaying, etc.) without prior written consent of the right holder is prohibited by law.
Also subject of this agreement proper is subject to copyright protection. It is forbidden to multiply, copy, imitate, disseminate or use it for other than the set purpose.
In the case of interest in use of protected products the prior consent of the Seller and granting of a license by the Seller shall be necessary.
8. Out-of-court dispute resolution
Mutual disputes between the Seller and the Purchaser shall be solved by general courts of the Czech repubic and they shall always be governed by Czech law.
The Purchaser, which is a consumer, has the right, under Act No. 634/1992 Coll., on Consumer Protection, to out-of-court solution of consumer dispute. Entity entitled to carry out the out-of-court dispute solution is the competent Czech Trade Inspection Authority, with the registered office at Štěpánská 567/15, 120 00 Prague 2, identification No.: 00020869, www.coi.cz.
Out-of-court resolution of consumer dispute shall be instituted solely upon the consumer’s proposal and only in the case that solving of the dispute directly with the Seller failed. The proposal may be filed at the latest within 1 year from the day, when the consumer exercised its right, which is subject of the dispute, at the Seller for the first time.
9. Final provisions
The purchase agreement and the Terms and Conditions are drawn up in Czech and English language. In the case of ambiguities between the language versions, the Czech version shall prevail. The purchase agreement including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
The Seller shall not be bound in relation to the Purchaser by any codes of conduct within the meaning of provision of Section 1826 paragraph 1 letter e) of the Civil Code.
Annex No. 1 to these Terms and Conditions is formed by a withdrawal form. Annex No. 2 to these Terms and Conditions is formed by information on handling and processing of personal data by the Seller.
The Terms and Conditions shall be binding for the contracting parties in the wording valid on the day of sending of electronic order. These Terms and Conditions become effective as of 1 May 2018. The Seller shall have the right to change the Terms and Conditions without prior notice. This provision shall not affect rights and duties arisen for the period of effectiveness or previous wording of the Terms and Conditions.
Sample form for withdrawal from agreement
under Goverment Order No. 363/2013 Coll.
(fill in this form and send it back only in the case that you want to withdraw from the agreement)
Notice of Withdrawal
Adress: Motoholders s.r.o.
company identification No.: 28304829
with the registered office at Zahradnická 286/9, Brno, 603 00
I/we would like to inform you*, that I/we hereby withdraw* from the purchase agreement for purchase of the following goods:
……………………………………………………………………………………………………………
…………………………………………………………………………………………………
(invoice No., name of product, number of pieces etc.)
Date of ordering of the goods:
Date of receipt of the goods (date, when I took over the goods):
Your name and surname: Your address:
Signature:
Date:
INFORMATION ON PROCESSING OF PURCHASER’S PERSONAL DATA
The Seller as a controller of personal data processes on the basis of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the “General Data Protection Regulation”) personal data of the Purchaser provided by it to the Seller in connection with entering into a purchase agreement (hereinafter referred to as the “Purchase Agreement”). The Seller shall process such personal data under Article 6, paragraph 1, letter b) of the General Data Protection Regulation for the purpose of performance of the contract for work (billing, transport of goods etc.), and further under Article 6, paragraph 1, letter f) of the General Data Protection Regulation for the purpose of protection of Seller’s rights in the case of dispute.
Personal data shall be deemed to be, under Article 4, paragraph 1 of the General Data Protection Regulation, any and all information, by means of which such subject may be identified (for example name, identification No., location data, online identifier, reference to physical, physiological, genetic, psychic, economic, cultural or social elements of this subject.)
Processing of personal data shall be deemed to be, under Article 4, paragraph 2 of the General Data Protection Regulation any operation or set of operations with personal data or sets of personal data, which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
Processing of personal data by the Seller for these purposes is necessary for fulfillment of purpose of the contract for work and thus it is not conditioned by consent of the data subject (Purchaser).
Personal data of the Purchaser shall be processed and kept for the period of duration of obligations from the Purchase Agreement and for another 4 years from extinction of all obligations from the Purchase Agreement arisen between the Purchaser and the Seller, unless the legal regulations stipulate in the case of particular documents longer archiving period.
The Seller shall process personal data of the Purchaser by itself or possibly by means of the third parties (processors) ensuring for the Seller accounting. Personal data of the Purchaser may be disclosed to carriers securing delivery of the goods and also to the Seller’s advisers bound by the duty of confidentiality or to persons, for which there will be lawful reason for access to such personal data, or to other persons, if it is necessary for protection of the Seller’s rights.
The Seller shall collect personal data of the Purchaser and process them only in the scope corresponding to the above-mentioned purpose.
The Purchaser shall have all the rights of data subject under the General Data Protection Regulation, in particular :
a. the right to obtain from the Seller confirmation whether the personal data of the Purchaser are processed or not and if they are processed, the right to obtain
access to such personal data and to other information stated in Article 15 of the General Data Protection Regulation, in particular on purpose of their
processing, categories of affected personal data, categories of recipients, to which they were or will be disclosed and planned period, for which they will be stored;
b. right to require rectification of inaccurate data relating to the Purchaser, under Article 16 of the General Data Protection Regulation;
c. right to require erasure of personal data relating to the Purchaser if any of the reasons stated in Article 17
of the General Data Protection Regulation is given, for example if the personal data of the Purchaser are no longer necessary for the purposes, for which they
were collected or otherwise processed;
d. right to require so that the Seller restricted processing, if any of the cases stated in Article 18 of the General Data Protection Regulation occurs, in particular
if the Purchaser contests accuracy of the processed personal data;
e. if the Purchaser assumes that by processing of its personal data the General Data Protection Regulation is breached, it shall have the right to file complaint
at any of supervisory authorities, in particular in member state of its habitual residence or place, where the alleged breach was committed.
In the Czech Republic it shall be the Office for Personal Data Protection.
By ticking of consent to the Terms and Conditions in connection with order of subject of transfer on web portal www.motoholders.cz, www.motoholders.com, www.motoholders.de the Purchaser confirms that it has been advised on processing of its personal data by the Seller and that it understood this advice.