Terms and Conditions
Internet portal operator
Business: VMP Motorcycles s.r.o.
Sokolovská 231/35
Prague, 186 00
State: Czech Republic
ID: 02985730
DIC: CZ02985730
Responsible person and contact
Veronika Stepankova
info@jawapisek.cz
+420 603 369 162
Warehouse address (return shipments)
VMP Motorcycles s.r.o.
( Indian Motorcycle Písek dealership )
Hradišťská, area of ČS MOL
Písek
397 01
PUBLIC TERMS AND CONDITIONS
Terms and conditions relating to the e-shop www.obleceni-jawa.eu, VMP Motorcycles s.r.o. with registered office at Sokolovská 231/35, Karlín, Prague, 186 00, ID: 02985730, VAT: CZ02985730, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 226217, Bank account: 1387743208/2700; IBAN CZ64 2700 0000 0013 8774 3208, SWIFT: BACXCZPP
- INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions"), where VMP Motorcycles s.r.o. with registered office at Sokolovská 231/35, Karlín, Prague, 186 00, ID No.: 02985730, VAT No.: CZ02985730, registered in the Commercial Register, (hereinafter referred to as "Seller") regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "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 the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The Seller's online shop is operated by the Seller on a website located at www.obleceni-jawa.eu (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Web Shop Interface").
1.2 The Terms and Conditions do not apply where the person intending to purchase the goods from the Seller is a legal person or a person acting in the course of ordering the goods in the course of his business or in the course of his independent exercise of his profession.
1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract. 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 does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1 Based on the Buyer's registration on the Website, the Buyer can access his/her user interface. The Buyer can order goods from his/her user interface (hereinafter referred to as "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 obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in case of any change. 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 username 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 12 months 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, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of third party hardware and software equipment.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1 All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. 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 inclusive of value added tax. 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 goods. The information on the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within 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. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
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 on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.5 Prior to sending the order to the Seller, the Buyer is 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 errors made when entering data into the order. The Buyer shall send the order to the Seller by clicking on the "Send Order" button. The data provided in the 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 account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6 By sending the order, the buyer confirms that he/she has read and agrees to the terms and conditions.
3.7 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 (for example, in writing or by telephone).
3.8. The contractual relationship between the Seller and the Buyer is established by 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.
3.9 The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. 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 these costs shall not differ from the basic rate.
4. PRICE OF 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:
By transfer to the Seller's account No. 1387743208/2700 (hereinafter referred to as the "Seller's account");
By payment card
4.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the 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 other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.5 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4 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.
4.5 The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.8), to demand payment of the full purchase price before the goods are shipped to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.6 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.7 If it is customary in commercial relations or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made on the basis of the Purchase Agreement. The Seller is not a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
4.8 According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a purchase contract for the delivery of goods that have been modified according to the Buyer's wishes or for the Buyer's person, from a purchase contract for the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase contract for the delivery of goods in closed packaging.
5.2 Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where the Purchase Contract cannot be withdrawn from, the Purchaser has 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, where 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 goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer may send a letter containing: the order number, the date of ordering, the date of delivery, the type of goods, the name, surname, telephone number, address and bank account of the buyer to which the payment is to be returned. The letter can be sent to the address VMP Motorcycles s.r.o.,( Indian Motorcycle Písek shop ),Hradišťská, premises of ČS MOL, Písek, 397 01 or to e-mail info@jawapisek.cz.
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 by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by normal postal means.
5.4 It is not possible to withdraw from the contract without giving a reason if the goods have already been partially consumed.
5.5 In the event of withdrawal from the Purchase Agreement 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 Purchase Agreement. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods to the Seller.
5.6 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. The Seller is entitled to make a claim for reimbursement in the event that the returned goods are incomplete or damaged.
5.7 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time up to the time of acceptance of the goods by the Buyer. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.
5.8 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 condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the Goods to the Seller.
6. TRANSPORT AND DELIVERY OF GOODS
6.1 In the event that the method of transport is agreed on the basis of a special 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 order, the Buyer is obliged to take delivery of the goods upon delivery.
6.3.In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with another method of delivery.
6.4 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event that the packaging is found to be damaged, indicating unauthorized intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the applicable generally binding regulations (in particular the provisions of 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 shall be liable to the Buyer that at the time the Buyer took delivery of the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of 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 stated by the seller for their use or for which goods of this kind are usually used,
7.2.3. the goods are in the appropriate quantity, measure or weight; and
7.2.4. the goods comply with the requirements of the legislation.
7.3 The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a 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.The rights from defective performance are exercised by the buyer at the seller's registered office, where the buyer sends the claimed goods. The date when the Seller receives the claimed goods from the Buyer shall be considered as the moment of the claim.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires ownership of the Goods by paying the full purchase price of the Goods
8.2 The Seller is not 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 Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
8.4 The Seller is entitled 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 authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
8.6 The Buyer shall be entitled to publish on the Seller's website its evaluation of the goods purchased under the Purchase Agreement and these Terms and Conditions (hereinafter referred to as "Review"). In such case, the Buyer undertakes to make an objective evaluation of the characteristics of the goods and their effects, including recommendations for their users. In particular, the Buyer shall refrain from publishing a review with content that:
(i) fulfils the facts of a criminal offence within the meaning of Act No. 40/2009 Coll., the Criminal Code, as amended;
(ii) damages the seller's reputation;
(iii) provides manifestly false information about the product or its manufacturer;
(iv) breaches these Terms and Conditions;
(v) unlawfully interferes with the rights of third parties or their trade secrets;
(vi) unjustifiably interferes with the personality rights of natural persons or the reputation of legal persons;
(vii) breaches data protection legislation.
The information provided by the buyer in the review must not be contrary to the legal order of the Czech Republic, must not violate ethical and moral principles, must not be contrary to good morals and must not violate the interests of third parties.
8.7. The Buyer shall not, when placing a review on the Seller's website, misrepresent or misrepresent his or her identity, conduct a review for any person other than himself or herself, use or attempt to use the review of another Buyer or user of the Seller's website, harass, bully, intimidate or in any way harm another user of the Seller's website or a third party, post or distribute unsolicited commercial communications, advertisements, spam, chain letters, pyramid schemes or other unsolicited communications or information that resemble third party services or applications on the Seller's website in connection with the posting of reviews, in order to confuse or mislead Internet users (phishing).
8.8 In the event of a breach of the rules for posting reviews on the Seller's website, the Seller is entitled to ensure the deletion of the review from the location where it was posted on the Seller's website and to prevent the Buyer from further access to use the Seller's website.
8.9 The Buyer is fully responsible for any type of content that he/she makes the content of the review and is responsible for the fact that he/she owns all rights and permissions to the content of the review, that the inserted content does not violate these terms and conditions and that it does not cause damage to third parties or companies. In the event that this happens, the seller may claim damages from the buyer arising from all claims against him arising from the insertion of the content in question.
8.10. The Buyer agrees that the Seller is not responsible for the content and information of third parties (including other Buyers) or for any damage caused by the Buyer's use of or reliance on it. The Buyer agrees that the Seller shall not be liable for any harm that the Buyer may suffer as a result of the actions of other Buyers or users of the Seller's website.
9. DATA PROTECTION
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 (hereinafter collectively referred to as "personal data").
9.3 The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer agrees to the processing of personal data by the Seller also for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according 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 transferred to third parties by the Seller without the prior consent of the Buyer.
9.6 Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form by automated means or in paper form by non-automated means.
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 Should the Buyer believe that the Seller or the Processor (Article 9.5) is processing his personal data in a way that 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, he 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 further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.
10.2 The Buyer agrees to the storage of cookies on his/her 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 according to the previous sentence at any time.
11. SUBMISSION
11.1 Notices concerning the relationship between the Seller and the Buyer, in particular those concerning the withdrawal from the Purchase Contract, must be delivered by post in the form of a registered letter, unless otherwise stipulated in the Purchase Contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to be delivered and effective upon delivery by post, except for notices of withdrawal made by the Buyer, in which case the withdrawal shall be effective if the notice is sent by the Buyer within the withdrawal period.
11.2 A notice which has been refused by the addressee, which has not been collected within the storage period or which has been returned as undeliverable shall be deemed to have been delivered.
11.3.The Parties may deliver ordinary correspondence to each other by electronic mail to the electronic mail address specified in the Buyer's user account or specified by the Buyer in the order, or to the address specified on the Seller's website.
12. FINAL PROVISIONS
12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be 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 to the contract of sale or the terms and conditions shall be in writing.
12.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4 Contact details of the seller VMP Motorcycles s.r.o., Sokolovská 231/35, Prague, 186 00, ID: 02985730, VAT: CZ02985730
These terms and conditions shall take effect on the date of 01.05.2023.