General terms and Conditions
- These general terms and conditions (“terms andconditions“) are issued pursuant to § 1751 et seq. Act No. 89/2012 Coll., Civil Code (“Civil Code“)
- Tomas Németh
Company ID: 75778475
Čechtín 32, 67507 Czech Republic
- Email: firstname.lastname@example.org
- Phone: 00420 739439132
- WWW: www.avaparts.cz
(hereinafter referred to as “theseller“)
- These terms and conditions govern the reciprocal rights and obligations of the seller and the natural person who concludes the contract of sale outside his business activity as a consumer or in the course of his business (hereinafter: “buyer“) Via the Web interface located on the Web site available at www.avaparts.cz (hereinafter referred to as “online store“).
- The provisions of the terms and conditions are an integral part of the purchase contract. The derogating arrangements in the contract of sale shall prevail over the provisions of these Terms and conditions.
- These terms and conditions of sale and purchase agreement are concluded in Czech, German or English language.
Information about goods and prices
- Information about the goods, including the indication of the prices of the individual goods and its main characteristics, are given for the individual goods in the online store catalogue. The prices of the goods are indicated including value added tax, all related fees and return costs, if the goods cannot by their nature be returned by the usual postal route. The prices of the goods remain in force as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually negotiated conditions.
- All presentations of goods placed in the catalogue of the online store are informative and the seller is not obliged to conclude a purchase contract for these goods.
- Information on the costs associated with packaging and delivery of goods is published in the online store.
- Any discounts with the purchase price of the goods cannot be combined, unless the seller agrees otherwise with the buyer.
Order and conclusion of the purchase contract
- Costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (the cost of Internet connection, the cost of telephone calls) is borne by the buyer himself. These costs do not differ from the base rate.
- The buyer makes an order for goods in the following ways:
- Through your customer account, if you have made a prior registration in the online shop,
- By filling in the order form without registering.
- When placing an order, the buyer chooses the goods, the number of items, the method of payment and delivery.
- Before submitting an order, the buyer is allowed to check and change the information entered into the order. The buyer sends the order to the seller by clicking the Finish button the data specified in the order is considered correct by the seller. The condition of the order is the completion of all mandatory information on the order form and confirmation of the buyer that he is acquainted with these terms and conditions.
- Immediately upon receipt of the order, the seller will send the buyer confirmation of receipt of the order to the email address entered by the purchaser when ordering. This acknowledgement is automatic and is not considered to be a conclusion of the contract. An attachment is the current trading conditions of the seller. The purchase contract is concluded only after the seller has accepted the order. The Order acceptance notification is delivered to the buyer’s email address.
- If any of the requirements specified in the order cannot be fulfilled by the seller, he will send the buyer an amended offer to his e-mail address. The amended offer is considered to be a new draft of the purchase contract and in such case the purchase contract is concluded by a confirmation by the purchaser of acceptance of this offer to the seller to his email address specified in these Terms and conditions.
- All orders received by the seller are binding. The buyer may cancel the order until the buyer receives notice of receipt of the order by the seller. The buyer may cancel the order by telephone to the telephone number or email of the seller specified in these Terms and conditions.
- In the event that there is an obvious technical error on the part of the seller when the price of the goods is placed in the online shop or during ordering, the seller is not obliged to deliver the goods to the purchaser for this clearly erroneous price even if the buyer was An automatic confirmation of receipt of the order is sent according to these terms and conditions. The seller informs the purchaser of the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract and in such case the purchase contract is concluded by acknowledgement of receipt by the buyer to the seller’s email address.
- Upon registration of the buyer made in the online store, the buyer can access his customer account. From your customer account, the buyer can order goods. The buyer can also order goods without registration.
- When registering for a customer account and when ordering goods, the buyer is obliged to accurately and accurately disclose all data. The buyer is obliged to update the data provided in the user account upon any change. The information given by the buyer in the customer account and when ordering the goods is considered correct by the seller.
- Access to the customer account is secured by a user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. Seller is not responsible for any misuse of customer account by third parties.
- The buyer is not entitled to allow third parties to use the customer account.
- The seller may cancel the user account, especially if the buyer does not use his user account longer, or if the buyer breaches his obligations under the purchase contract and these terms and conditions.
- Buyer acknowledges that the user account may not be available continuously, especially with respect to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of hardware and software equipment of third parties.
Terms of payment and delivery of goods
- The buyer may pay the price of goods and any costs associated with the delivery of goods according to the purchase contract in the following ways:
- Wire transfer to the seller’s bank Account No. 4068547369/0800 The Czech Savings bank
- Non-cash payment card
- Transfer to the seller’s account via the GOpay payment gateway
- Cash on delivery of goods,
- In cash or by credit card for personal collection at the premises
- Together with the purchase price, the buyer is obliged to reimburse the seller for the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods shall also be understood.
- In the case of cash payment, the purchase price is payable upon receipt of the goods. In case of non-cash payment, the purchase price is due within 5 days of the conclusion of the purchase contract.
- In case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled upon crediting the relevant amount to the seller’s bank account.
- The seller does not require any prepayment or other similar payment from the buyer in advance. Payment of the purchase price before dispatch of the goods is not an advance.
- According to the sales record law, the seller is obliged to issue a receipt to the purchaser. At the same time, he is obliged to register the received sales with the tax administrator online, in case of technical outage then not later than 48 hours
- The goods are delivered to the buyer:
- To the address specified by the purchaser of the order
- Personal collection at the seller’s premises
- The choice of mode of delivery is performed when ordering goods.
- The cost of delivery of the goods depending on the method of dispatch and receipt of the goods are specified in the buyer’s order and in order confirmation by the seller. In the event that the method of transport is contracted on the basis of a special request by the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
- If the seller under the purchase contract is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take the goods on delivery. If, for reasons on the buyer’s part, the goods are to be delivered repeatedly or in any other way than indicated in the order, the buyer is obliged to reimburse the costs associated with the repeated delivery of the goods, respectively. Costs associated with other delivery method.
- Upon receipt of goods from the shipper, the buyer must check the integrity of the packaging of goods and in case of any defects immediately notify the carrier. In the event of a breach of the package indicating unauthorised intrusion into the consignment, the buyer may not accept the shipment from the shipper.
- The seller shall issue the invoice to the purchaser. The tax document is attached to the supplied goods.
- The buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the purchaser upon receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
- A buyer who has concluded a purchase contract outside his business as a consumer shall have the right to withdraw from the purchase contract.
- The withdrawal period is 14 days
- From the date of receipt of the goods,
- From the date of receipt of the last supply of goods, if the contract is subject to several types of goods or supplies of several parts
- From the date of receipt of the first supply of goods, if the contract is subject to regular repeated delivery of goods.
- The buyer cannot, among other things, withdraw from the purchase contract:
- The provision of services, if they were fulfilled with his prior express consent before the expiry of the withdrawal period, and the seller, before concluding the contract, told the buyer that in such a case he does not have the right to withdraw from the contract,
- For the supply of goods or services the price of which depends on deviations of the financial market irrespective of the seller’s will and which may occur during the withdrawal period,
- The supply of alcoholic beverages, which may be delivered only after thirty days, and the price of which depends on deviations of the financial market independent of the seller’s will,
- About the delivery of goods which have been modified according to the buyer’s wishes or for his person,
- The delivery of perishable goods as well as goods which have been irretrireably mixed with other goods after delivery,
- The supply of sealed goods which the purchaser has exempted from the package and cannot be returned for hygienic reasons,
- Delivery of an audio or video recording or a computer program if the original packaging has been violated,
- Delivery of newspapers, periodicals or magazines,
- The supply of the digital content, unless it was delivered on a tangible medium and delivered with the buyer’s prior express consent before the expiry of the withdrawal period and the seller, before concluding the contract, informed the buyer that in such a case it does not have the right to Withdrawal
- In other cases referred to in § 1837 of the Civil Code.
- To comply with the withdrawal period, the buyer must send the withdrawal statement within the withdrawal period.
- To withdraw from the purchase contract, the buyer may use a model form to withdraw from the contract provided by the seller. The buyer will send the withdrawal from the purchase contract to the seller’s email or delivery address specified in these Terms and conditions. The seller confirms receipt of the form promptly.
- The buyer who withdrew from the contract is obliged to return the goods to the seller within 14 days of the withdrawal from the contract to the seller. The purchaser bears the costs associated with returning the goods to the seller, even if the goods cannot be returned to their nature by the usual postal route.
- If the buyer withdraws from the contract, the seller shall reimburse him promptly and at the latest within 14 days of the withdrawal, all funds including the cost of delivery, which he received from him in the same way. The seller will reimburse the buyer for the money received by other means only if the buyer agrees and if it does not incur additional costs.
- If the buyer has chosen a different than the cheapest method of delivery of the goods offered by the seller, the seller returns the cost of delivering the goods in the amount corresponding to the cheapest offered method of delivery of the goods.
- If the buyer resigns from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer transmits the goods or proves that the goods were sent to the seller.
- The buyer must return the goods to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging. The seller is entitled to unilaterally offset the claim for damages incurred on the goods against the buyer’s right to return the purchase price.
- The seller is entitled to withdraw from the purchase contract on account of the sale of supplies, the unavailability of goods, or when the manufacturer, importer or supplier of goods interrupted the production or importation of goods. The seller immediately informs the buyer by means of the email address specified in the order and returns, within 14 days of the notice of withdrawal from the purchase contract, all funds including the cost of delivery, which he received from him under the contract, In the same manner or as specified by the purchaser.
Rights from defective performance
- The seller is responsible to the purchaser that the goods are not defective. In particular, the seller is responsible to the purchaser that at the time the purchaser took over the goods:
- The goods have the characteristics which the parties have negotiated and, in the absence of the arrangement, the characteristics which the seller or the manufacturer has described or which the purchaser has expected with regard to the nature of the goods and the advertising they perform,
- The goods are suitable for the purpose for which the seller refers or to which goods of this kind are normally used,
- The goods conform to the quality or execution of the contracted sample or template, provided that the grade or design has been determined according to the agreed sample or template,
- The goods are in the appropriate quantity, scale or weight, and
- Complies with the requirements of the legislation.
- If the defect is manifested within six months of receipt of the goods by the purchaser, the goods shall be deemed to have been defective at the time of receipt. The purchaser is entitled to claim the right of defects occurring in the consumer goods during the twenty-four months following receipt. This provision does not apply to goods sold at a lower price to a defect for which a lower price has been negotiated, to wear goods caused by its normal use, for used goods on a defect corresponding to the level of usage or wear that the goods had when taking over By the purchaser or if it arises from the nature of the goods.
- In the event of a defect, the buyer may submit a complaint to the seller and request:
- Replacement for new goods,
- Repair of goods,
- A reasonable discount on the purchase price,
- Withdraw from the contract.
- The buyer has the right to withdraw from the contract
- If the goods have a substantial defect,
- If the case cannot be properly used for repeated occurrence of a defect or defect after repair,
- More defects of the goods.
- The seller is obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, possibly even at the headquarters or place of business. The seller is obliged to give the buyer a written confirmation of when the buyer exercised the right, what is the contents of the complaint and what method of handling the complaint the buyer requires, as well as a confirmation of the date and method of handling the complaint, including confirmation of the execution of the repair and Or a written justification for rejection of the claim.
- The seller or his authorized worker decides on the claim immediately, in complex cases within three working days. This period does not include time proportional to the type of product or service required for the professional assessment of the defect. Claims including the removal of the defect must be dealt with promptly, no later than 30 days from the date of the claim, unless the seller agrees with the buyer for a longer period. The expiry of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of claiming of the claim is the moment when the buyer’s will (exercising the right of defective performance) occurs to the seller.
- The seller informs the buyer in writing about the outcome of the claim.
- The right of defective performance does not belong to the buyer, if the purchaser knew before the takeover of the case that the case has a defect or if the buyer caused the defect himself.
- In case of a legitimate claim, the buyer has the right to reimbursement of reasonably incurred costs incurred in connection with the claim. This right may be exercised by the buyer within a period of one month after the expiration of the warranty period.
- The buyer has the choice of claim method.
- The rights and obligations of the Contracting Parties concerning rights arising from defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.
- The Contracting Parties may deliver all written correspondence to each other by electronic mail.
- The buyer delivers correspondence to the seller on the email address listed in these Terms and conditions. The seller delivers correspondence to the buyer at the email address specified in his customer account or in the order.
Extrajudicial dispute resolution
- An extrajudicial settlement of consumer disputes arising from the purchase contract is the relevant Czech Trade inspection office, with its seat Štěpánská 567/15, 120 00 Praha 2, Company ID: 000 20 869, Internet address: https://adr.coi.cz/cs. Online dispute resolution platform located on The Internet at HTTP://EC.EUROPA.EU/CONSUMERS/ODR can be used to resolve disputes between the seller and the buyer from the purchase contract.
- European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point under Regulation (EU) No. 524/2013 of 21 December May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer dispute resolution online).
- The seller is entitled to sell the goods on the basis of a trade licence. The Trade Licensing authority shall, within its jurisdiction, carry out a commercial inspection. The Czech Trade Inspectorate carries out, to the extent specified, supervision of compliance with Act No. 634/1992 Coll., on consumer protection.
- All arrangements between the seller and the buyer with the legal order of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties negotiate that the relationship is governed by the law of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legislation.
- The seller is not bound in relation to the buyer by any codes of conduct within the meaning of the provisions of § 1826 para. (1) (e) The Civil Code.
- All rights to the website of the seller, including, but not only, the copyrights to the content, such as page layouts, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the seller’s consent.
- The seller shall not be liable for errors resulting from interference by third parties in the online store or as a result of its use contrary to its intended purpose. When using an 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 unduly exploit the software or other components constituting an online store, and to use the online store or its parts or software in a manner that would be contrary to its intended purpose.
- The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para. 2 of the Civil Code.
- The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
- The seller may amend or supplement the wording of the terms and conditions. This provision shall not affect the rights and obligations arising during the effective period of the previous version of the terms.
- An annex to the terms and conditions is a model withdrawal form.
These terms and conditions become effective on the day 7.2.2019