Terms and Conditions of company

CAD - Czech auto devices s.r.o.

with its registered office at Nákupní 468/14, 736 01, Havířov - Město

Company ID: 29381266, VAT ID: CZ29381266

for sale of goods and services through an online store located at www.auto-majaky.cz

The company is registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, File No. 37754.

 

1. INTRODUCTORY PROVISIONS
2. USER ACCOUNT
3. PURCHASE CONTRACT
4. PRICE OF GOODS AND PAYMENT CONDITIONS
5. WITHDRAWAL FROM THE BUYER'S CONTRACT
6. TRANSPORT, DELIVERY AND TRANSFER OF GOODS
7. WARRANTY CLAIM
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
9. PROTECTION OF PERSONAL DATA
10. DELIVERY
11. FINAL ARRANGEMENTS

 

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the Seller adjust, in the sense of Section § 1751 of Act No. 89/2012 ("Civil Code"), the mutual rights and obligations of the parties arising out of and / (hereinafter referred to as the "Purchase Agreement") concluded between the seller and another regular or legal person (hereinafter referred to as the "Buyer") through the seller's Internet e-shop. The e-shop is operated by the seller at www.auto-majaky.cz via the web interface (hereinafter referred to as the "web interface of the e-shop").

1.2. The Business Terms also govern the rights and obligations of the parties in using the Seller's Website located at www.auto-majaky.cz (hereinafter referred to as the "Website") and other related legal relationships.

1.3. The buyer is a consumer or a businessman. A consumer is any person who act outside his / her business activity. Businessman means a person referred in § 420 and 421 of the Civil Code.

1.4. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.

1.5. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language.

1.6. The Seller may modify or supplement the terms and conditions of business terms to the extent appropriate, without prejudice to the rights and obligations arising during the effective date of the Business Terms and Conditions. The Seller shall notify the seller of the change of business terms by publication on the website. It is true that the buyer accepts the terms of business if he agrees to the terms of business by submitting an order under Article 3.4. these terms of service or by logging into the user account (see below).

2. USER ACCOUNT

2.1. Based on buyer registration made on a website, buyers can access their user interface. From the user interface, the buyer can perform the ordering of the goods (hereinafter referred to as the "user account"). In case the web-based interface of the e-shop allows, the buyer can also order the goods without registration.

2.2. For the purpose of registering a buyer on a website, using it for purchasers, and for the purpose of ordering the goods and closing and fulfilling the purchase contract, the Buyer is obliged to provide the Seller with the correct, complete and truthful data regarding the buyer, to the extent required by Seller, which by their very nature may be personal data buyer. The buyer is obliged to notify the seller of any change to the buyer's data. Seller is not liable for any damage incurred by the buyer or third party as a result of breach of Buyer's obligations under this clause 2.2 of the Business Terms and Conditions.

2.3. Authorized access to a user account is only possible after entering the user name and password of the buyer on a website. Buyer is required to keep secret and not to provide his / her username and password to any person and acknowledges that the seller is not responsible for any unauthorized access to the user account or any damage arising from unauthorized access to the buyer's user account.

2.4. The buyer is not authorized to allow the use of the user account to third parties.

2.5. Seller may cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates his obligations under the sales contract (including business terms).

2.6. The Buyer notes that the user account may not be available continuously, especially regarding the necessary maintenance of the hardware and software of the Seller, necessary maintenance of hardware and software of third parties.

 

3. PURCHASE CONTRACT

3.1. The e-shop's web interface includes a list of merchandise offered by the seller for sale, including the prices of the individual goods offered. The prices of the offered goods are listed including all related fees. The sale of goods and the prices of these goods remain valid for as long as they are displayed in the e-shop's web interface. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms. All offers of goods placed in the e-shop's web interface are non-binding and the seller is not obliged to conclude a purchase contract with the buyer regarding the offered goods.

3.2. The web interface of the e-shop also contains information on the costs associated with packing and delivery of goods.

3.3. To order the goods, the buyer will complete the order form in the e-shop's web interface, especially information about the buyer required by the seller. The buyer inserts the ordered goods into the electronic shopping cart where information is available on the total price of the goods purchased and the costs associated with the delivery of the ordered goods (hereinafter collectively referred to as the "order").

3.4. The order is sent by the buyer to the seller by clicking the "FINISH ORDER" button. By submitting the order, the buyer confirms that he has become acquainted with these terms and conditions, and their integral parts, which are their attachments to the Warranty claim, Transport, and their contents. agrees with them, in the version valid and effective at the time of sending the order.

3.5. The Buyer declares that the information given in the order is correct, complete and true. The Seller shall acknowledge receipt by the Seller to the Purchaser by e-mail to Buyer's e-mail address specified in the User Interface or in the Purchase Order (hereinafter referred to as the "Buyer's E-mail Address"), as well as a Buyer's Purchase Agreement.

3.6. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).

3.7. The contractual relationship between the seller and the buyer arises at the moment of delivery of the vendor's confirmation of acceptance of the order (acceptance), which is sent to the buyer by e-mail to the buyer by e-mail to the buyer's e-mail address.

3.8. The Buyer acknowledges that the seller reserves the right not to conclude any sales contract at his discretion with the buyer.

3.9. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) pays the buyer himself.

 

4. PRICE OF GOODS AND PAYMENT CONDITIONS

4.1. All prices are negotiable. In the web interface of the e-shop are always current and valid prices. Prices are final, ie including VAT or VAT. all other taxes and charges that the consumer has to pay to obtain the goods, this does not apply to any shipping charges, etc.

4.2. Possible special prices are valid while stocks last, when the number of items of action goods is specified or for a fixed period.

4.3. 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 manner specified in the annex to these terms and conditions available on the website and named as Shipping and Payment

4.4. Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

4.5. In the case of cash on delivery, the purchase price is payable upon receipt of the goods.

4.6. In the case of a bank transfer payment, the buyer's obligation to pay the purchase price is met when the relevant amount is credited to the seller's account. In case of payment by bank transfer, the purchase price is due within 5 days from the conclusion of the purchase contract. If the purchase price is not paid by bank transfer within 5 days, the seller will cancel the order and notify the buyer by e-mail to the address specified in the order.

4.7. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account. In the case of cashless payment, the purchase price is due within 5 days of the conclusion of the purchase contract. If the purchase price is not paid by cashless payment within 5 days, the seller will cancel the order and notify the buyer by e-mail to the address specified in the order.

4.8. The Seller is entitled at any time to request payment of the entire purchase price before sending the goods to the Buyer.

4.9. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

4.10. By concluding the purchase contract, the buyer gives the seller consent to the processing of his contact data until his written statement of disagreement with this processing. The contact details provided by the Buyer at the time of ordering are for our own use only and will not be provided to other entities except for payment providers and carriers of goods.

4.11. Upon mutual agreement of the Seller with the Buyer, it is possible to pay the purchase price on the basis of invoices payable within 14 days from the date of issue of the invoice. This option is individually approved by the seller and is intended exclusively for long-term business partners, municipal authorities, state departments, etc. Payment of the invoice is usually allowed to registered buyer entrepreneurs after a minimum of 3 orders with a sum of at least 50000 CZK.

a) The day of payment shall be the day on which the invoiced amount is credited to the seller's account.

b) In the event that the Buyer is in default of payment of the invoice, the contracting parties have agreed a contractual penalty of 0.2% per day for each day of commencement of delay until full payment.

c) The contractual penalty is payable within 14 days of delivery of the penalty.

d) Delay of payment longer than 10 days or repeated delay of payment longer than 2 days is considered a gross breach of contractual obligations.

e) The Seller and the Buyer may terminate this Agreement without giving reasons. The notice of termination is valid immediately after informing the contractor.

 

5. WITHDRAWAL FROM THE BUYER'S CONTRACT

Withdrawal from the contract by the buyer

5.1. In accordance with Section 1829 of the Civil Code, the buyer has the right to withdraw from the purchase contract within 14 days of receipt of the goods, if the purchase contract was concluded by means of distance communication. If the consumer decides to exercise this right, he must rescind the contract to the seller no later than 14 days after receipt of the goods. The Buyer shall bear the costs of returning the goods to the Seller and the direct costs of returning the goods if they cannot be returned by their normal postal nature.

5.2. The withdrawal form is available to the buyer here in WORD and PDF format

5.3. Withdrawal from the purchase contract, the buyer can send, inter alia, the address of the seller CAD- Czech auto devices s.r.o. Okrajová 2b, 736 01 Havířov or to the seller's e-mail address info@auto-majaky.cz In case of withdrawal from the contract pursuant to Article 5.1 of the Terms and Conditions, the purchase contract is canceled from the beginning. Goods must be returned to the Seller within 14 calendar days of sending the withdrawal to the Seller to the address of our CAD-Czech auto devices s.r.o. Okrajová 2b, 736 01 Havířov. The goods must be returned to the Seller undamaged and not worn and, if possible, in the original packaging. The Buyer shall be liable to the Seller only for the diminution of the value of the goods resulting from the handling of these goods in a manner other than that which must be disposed of with regard to their nature and characteristics.

5.4. In the event of withdrawal pursuant to Article 5.1 of the Terms and Conditions, the Seller shall return to the Buyer within 14 days of withdrawal from the contract all funds, including delivery costs received from him under the contract in the same way, but not before delivery of returned goods back to the address of our company CAD- Czech auto devices sro Okrajová 2b, 736 01 Havířov (or before proving that the returned goods have been shipped to us). The Seller shall return to the Consumer the received funds in another way only if the Consent has consented to it and does not incur additional costs. If the Buyer chooses a method other than the cheapest method of delivery offered by the Seller, the Seller shall return to the Buyer the cost of delivery of the goods corresponding to the cheapest method of delivery offered.

5.5. Except where the withdrawal is expressly agreed, the consumer may not withdraw from the contracts:

a) on the provision of services, if they were fulfilled with his / her prior explicit consent before the expiry of the withdrawal period and the entrepreneur informed the consumer that he / she is not entitled to withdraw from the contract before concluding the contract,

b) the supply of goods or services the price of which depends on fluctuations in the financial market, irrespective of the undertaking of the trader, and which may occur during the withdrawal period;

c) the supply of alcoholic beverages, which may only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of the will of the trader;

d) the supply of goods which have been modified according to the wishes of the consumer or for him,

e) the delivery of perishable goods and goods which have been irreversibly mixed with other goods after delivery;

f) repair or maintenance work carried out at the place designated by the consumer at his request; however, this shall not apply in the event of subsequent repairs or delivery of other than requested spare parts,

g) the supply of goods in sealed packaging which the consumer has removed from the packaging and for hygienic reasons it cannot be returned,

h) the supply of a sound or video recording or a computer program if it has breached their original packaging;

i) the supply of newspapers, periodicals or magazines;

j) accommodation, transport, meals or use of free time, if the entrepreneur provides these services within the set deadline,

k) concluded by public auction pursuant to the Public Auction Act; or

l) the supply of digital content, unless delivered on a tangible medium and delivered with the consumer's prior express consent before the withdrawal period has expired and the trader has informed the consumer that he has no right of withdrawal before concluding the contract.

5.6. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller shall be entitled to compensation from the Buyer for damages incurred by the Buyer. The Seller is entitled to unilaterally set off the claim for damages against the Buyer's claim for refund of the purchase price.

5.7. Until the buyer accepts the goods, the seller is entitled to withdraw from the contract at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay in the same manner by which the Seller accepted the payment. The Seller shall return to the Consumer the received funds in another way only if the Consent has consented to it and does not incur additional costs.

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 proviso that if the consumer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective. provided gift.

5.9. The seller accepts withdrawal from the purchase contract within 14 days of receipt of goods also in the case of the buyer of the entrepreneur. Withdrawal by the buyer by the entrepreneur is only accepted for goods which have not been installed, damaged and are returned in the original undamaged original packaging. As with the consumer buyer, it is not possible to withdraw from the contract in the cases referred to in Article 5.5. In the case of a business buyer, the condition of returning the money for the goods is also the delivery of a possible confirmed corrective tax document by the buyer.


6. TRANSPORT, DELIVERY AND TRANSFER OF GOODS

6.1. The method of delivery of the goods is determined by the seller, unless stipulated otherwise in the sales contract. If the mode of transport is agreed upon by the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.

6.3. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.

6.4. Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. By signing the delivery / shipping slip, the buyer confirms that the shipment of the goods has met all the terms and conditions, and any later complaint about the shipment may not be taken into account.

6.5. Other rights and obligations of the parties in the transport of goods are covered by the Transport and Payment terms documents

7. WARRANTY CLAIM

7.1. The rights and obligations of the parties regarding the seller's liability for defects, including the seller's warranty, are governed by the applicable generally binding regulations and the Warranty claim.

7.2. Buyer's rights arising from Seller's liability for defects are claimed by the buyer at the seller's address at the address CAD- Czech auto devices s.r.o. Okrajová 2b, 736 01  Havířov

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES


8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. The Purchaser acknowledges that the software and other components that make up the web-based interface of the e-shop (including photographs of the offered goods) are copyrighted. Buyer undertakes not to engage in any activity that could allow him / her or third parties to tamper with or use the software or other components that make up the web-based interface of the e-shop unjustifiably.

8.3. The buyer is not entitled to use mechanisms, software or other procedures that could negatively affect the web interface of the e-shop when using the e-shop web interface. The e-shop web interface can only be used to the extent that it does not detract from the rights of the other customers of the seller and is in accordance with its intended purpose.

8.4. The Seller is not bound by any Code of Conduct in relation to the Purchaser within the meaning of Section § 1826 odst. 1 of the Civil Code.

8.5. The Buyer acknowledges that Seller is not responsible for any errors resulting from third-party attacks on a website or the use of a website contrary to their designation.

8.6. In accordance with § 1820 odst. 1 písm. j) purchasers acknowledge that in the context of out-of-court complaint handling of consumers, the buyer can turn to the Czech Trade Inspection. Submissions to the Czech Trade Inspection may be submitted in writing or, via an e-mail on the internet web pages www.coi.cz.

 

9. PROTECTION OF PERSONAL DATA

 

9.1. The protection of the 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, company name, delivery address, billing address (if different from delivery), identification number, tax identification number, e-mail address, telephone number (collectively referred to as "personal data").

9.3. The Buyer agrees with the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the purchase contract and for sending information and commercial communications to the Seller.

9.4. The Buyer acknowledges that he / she is obliged to state his / her personal data (upon registration, in his / her user account, when ordering from the web interface of the e-shop) correctly and that he / she is obliged to inform the Seller without any undue delay.

9.5. The Seller may authorize a third party to process the Buyer's personal data as a processor. In addition to the carriers of goods and payment providers, the Seller's personal data will not be passed on to third parties without the Buyer's prior consent.

9.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.

9.7. The Buyer confirms that the personal information provided is accurate and that he / she has been advised that this is a voluntary disclosure of personal information. The Buyer declares that he / she has been advised that he / she can withdraw the consent to the processing of personal data in relation to the Seller by written notice delivered to the Seller's address.

9.8. Should the Buyer believe that the Seller or the processor (Article 9.5) is processing his personal data that is contrary to the protection of the Buyer's private and personal life or the law, especially if the personal data are inaccurate with respect to for the purpose of their processing, it may:

ask the seller or processor for an explanation,

require the seller or processor to remedy the situation. This may include blocking, correcting, supplementing or destroying personal data. If the Buyer's request under the previous sentence is found justified, the Seller or the processor shall immediately remedy the defective condition. If the seller or the processor does not comply with the request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision is without prejudice to the Buyer's right to contact the Office for Personal Data Protection directly.

9.9. If the buyer asks for information about the processing of their personal data, the seller is obliged to provide this information. The Seller has the right to request adequate compensation not exceeding the costs necessary for providing the information pursuant to the previous sentence.

9.10. The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address.

10. DELIVERY

 

10.1. Unless otherwise agreed, any correspondence relating to the Purchase Agreement shall be delivered to the other Party in writing, by e-mail, in person or by registered postal service provider (at the option of the sender). The buyer is delivered to the email address listed in his user account.

10.2. Message received:

in the case of delivery by e-mail, when it is received at the incoming mail server; the integrity of messages sent by e-mail can be secured by a certificate,

in the case of delivery in person or through a postal service operator by taking over the consignment by the addressee,

in the case of delivery in person or through the postal service operator, also by refusing to accept the consignment, if the addressee (or the person authorized to take over the consignment) refuses to take over the consignment,

in the case of delivery through the postal service provider within ten (10) days from the deposit of the consignment and the giving of the request to the addressee to take over the stored consignment, if the postal item is deposited with the postal operator, even if the addressee did not know the deposit.

11. FINAL ARRANGEMENTS

11.1. If the relationship associated with the use of the website or the legal relationship established by the Purchase Agreement contains an international element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.

11.2. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.

11.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

11.4. Contact details of the seller: Delivery address CAD- Czech auto devices s.r.o. Okrajová 2b, 736 01  Havířov, e-mail address info@auto-majaky.cz

These Terms and Conditions come into effect on 1.3.2018

Terms and conditions valid from 28.2.2017 to 28.2.2018 download here

Terms and conditions valid from 17.9.2015 to 27.2.2017 for download here

Terms and conditions valid from 1.1.2014 to 17.9.2015 for download here

Terms and conditions valid until 31.12.2013 can be downloaded here


Free shipping ČR

Free shipping all over the Czech Republic from orders with a minimum value of 1210CZK. This action does not apply to oversized shipments!

Free shipping SR

Free shipping throughout Slovakia from minimum order value of 146Eur. This action does not apply to oversized shipments!

Online payments

We accept card and accelerated bank transfers from the Czech Republic and Slovakia.