TERMS AND CONDITIONS
Seller's
Ing. Viktor Pohořelý, Čínská 717/13, 160 00 Praha 6, CZ
ID: 76518558, FO registered in the Trade Register. No. OŽV/189/2010/Str/3
for the sale of goods via the on-line shop located at the internet address
http://www.pojezdy.eu
1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the Seller regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as "Buyer") through the Seller's online store. The online shop is operated by the Seller on the website located at http://www.pojezdy.eu (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
1.2 Deleted. The Terms and Conditions do not apply where the person intending to purchase goods from the Seller is a legal person or a person acting in the course of his business or profession when ordering goods.
1.3 Provisions deviating from the terms and conditions may be agreed in the contract of sale. The deviating provisions in the purchase contract 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 Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
1.6 The goods sold are of a collector's nature, are intended for adults over 14 years of age and cannot be considered a toy in terms of legislation.
2. USER ACCOUNT
2.1 Upon registration of the Buyer made on the Website, the Buyer may access his/her user interface. From his user interface, the Buyer can order goods (hereinafter referred to as "user account").
2.2 When registering on the Website and when ordering Goods, the Buyer is obliged to provide all information correctly and truthfully. The information provided by the Buyer in the User Account and when ordering Goods shall be deemed correct by the Seller.
2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
2.4 The Buyer is not entitled to allow third parties to use the user account.
2.5 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 1 year or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1 All presentation of the goods on the web interface of the shop is of an informative nature and the Seller is not obliged to conclude a purchase contract in respect of these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2 The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are stated as final including all related charges. The prices of the 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 contract on individually agreed terms.
3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:
3.4.1. the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping
shopping cart in the web interface of the shop),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery
of the ordered goods and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as
"Order").
3.5 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct any errors made in entering data into the Order. The data provided in the submitted order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
3.7 The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
3.8 The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself and shall not differ from the basic rate.
4. PRICE OF THE GOODS AND PAYMENT TERMS
4.1 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
in cash upon personal collection of the goods;
in cash on delivery at the place specified by the Buyer in the order;
by wire transfer to the Seller's account No. 670 100 - 220 745 3209 / 6210 (hereinafter referred to as the "Seller's account");
4.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3 The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4 In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of the conclusion of the purchase contract.
4.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. 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.
4.6 The Seller is entitled to demand payment of the full purchase price before the goods are sent to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8 If it is customary in the course of business or if provided for by generally binding legal regulations, the Seller shall issue an invoice to the Buyer in respect of payments made under the Purchase Contract. The issued document is available to the Buyer in electronic form under the tab "My Account".
4.9 The Seller reserves the right to demand full payment of the order price in advance from customers who have not received any of the previous orders sent on delivery.
4.10. The Seller is not VAT payer.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a purchase contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, from a purchase contract for the supply of goods that have been irretrievably mixed with other goods after delivery, and from a purchase contract for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.
5.2 Unless the case referred to in Article 5.1 or any other case in which the Purchase Contract cannot be withdrawn from, the Purchaser shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, among other things, to the Seller's address or to the Seller's e-mail address info@pojezdy.eu .
5.3 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5.4 In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. 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 to him or proves that he has sent the goods to the seller.
5.5 The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
5.6 The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.
5.7 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.
5.8 If the Buyer chooses a more expensive shipping method (in particular, COD, credit card payment or express shipping), the Seller shall be entitled to deduct from the returned amount the additional fee paid to the carrier for the additional service requested by the Buyer.
6. TRANSPORT AND DELIVERY OF GOODS
6.1 If the method of transport is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods on delivery.
6.3 In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6.4 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
6.5 Other rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the parties with regard to rights of defective performance are governed by the applicable generally binding regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2 The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of the legislation.
7.3 The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.
7.4 If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.
7.5 The Buyer shall assert the rights arising from the defective performance at the Seller's business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.
7.6 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
8.2 The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3 The out-of-court handling of consumer complaints is provided by the Seller via the electronic address "info@pojezdy.eu". The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's electronic address.
8.4 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
8.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PROTECTION AND PROCESSING OF PERSONAL DATA
9.1 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.
9.2 The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and other data voluntarily provided (hereinafter collectively referred to as "personal data") for the purpose of maintaining his customer account.
9.2.1 The Buyer acknowledges that the personal data necessary for the execution of the concluded contract will be transferred to the extent necessary to the selected shipping company. They will also be kept for the necessary period of time after the conclusion of the order. No consent for data processing is required for this purpose.
9.3 The Buyer may consent to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data pursuant to this article is not a condition that would in itself prevent the conclusion of the purchase contract.
9.4.The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
9.5 The Seller may delegate the processing of the Buyer's personal data to a third party processor. Except for the persons transporting the goods, personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.
9.6 Personal data will be processed for the duration of the customer account. Personal data will be processed in electronic form in an automated manner or in hard copy in a non-automated manner.
9.7 The Buyer confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data.
9.8 In the event that the Buyer believes that the Seller or the Processor (Article 9.5) is carrying out processing of his/her personal data which is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, the Buyer may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the condition so caused.
9.9 If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1 The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and may further consent to the sending of commercial communications by the Seller to the Buyer's electronic address.
10.2 The Buyer consents to the storage of cookies on his computer. In the event that the purchase on the website can be made and the Seller's obligations under the Purchase Agreement can be fulfilled without the storage of cookies on the Buyer's computer, the Buyer may withdraw the consent under the previous sentence at any time.
11. SUBMISSION
11.1 The Buyer may be delivered to the electronic mail address specified in his/her user account or specified by the Buyer in the order.
12. FINAL PROVISIONS
12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall 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. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.
12.3 The Purchase Agreement including the Terms and Conditions is archived by the Seller in electronic form and is accessible to the User in the "My Account" tab.
12.4 A sample form for withdrawal from the Purchase Agreement is attached to the Terms and Conditions.
12.5 Contact details of the Seller: Turlock Company s.r.o, Anglická 336/21,120 00 Prague 2, Czech Republic, e-mail address info@pojezdy.eu, telephone +420 777 676 575.
In Prague on 1 January 2022.