Terms and Conditions

IDENTIFICATION OF THE SELLER

Seller:
CAD – Czech auto devices s.r.o., registered office: ul. Nákupní 468/14, 736 01 Havířov, Czech Republic,
Company ID: 07451962, VAT No.: CZ07451962,
entered in the Commercial Register kept by the Regional Court in Ostrava, Section C, File No. 75844
(hereinafter the “Seller”)

Operating premises (place of actual business activity / dispatch / complaints handling):
Na Kopci 426/1b, 735 64 Havířov – Dolní Suchá, Czech Republic

Contact details:
E-mail: info@auto-majaky.cz
Phone: +420 553 038 925

These Terms and Conditions govern the rights and obligations of the parties arising in connection with purchase agreements concluded via the Seller’s online store at www.auto-majaky.cz/en (the “E-shop”).

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (the “Terms and Conditions”) of the Seller govern, within the meaning of Section 1751 of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with and/or on the basis of a purchase agreement (the “Purchase Agreement”) concluded between the Seller and another natural or legal person (the “Buyer”) through the Seller’s online store. The online store is operated by the Seller at www.auto-majaky.cz/en via the web interface (the “E-shop Web Interface”).

1.2. These Terms and Conditions also govern the rights and obligations of the parties when using the Seller’s website located at www.auto-majaky.cz/en (the “Website”) and other related legal relationships. These Terms and Conditions shall also apply to Purchase Agreements concluded with Buyers whose habitual residence or registered office is in another Member State of the European Union, provided that the Seller enables delivery of the goods to that state; any territorial restrictions on delivery are stated in the E-shop Web Interface.

1.3. The Buyer is either a consumer or an entrepreneur. A consumer is any natural person who, outside the scope of their business activity or outside the independent performance of their profession, concludes a contract with an entrepreneur or otherwise deals with them. An entrepreneur means a person within the meaning of Sections 420 and 421 of the Civil Code.

1.4. Provisions deviating from these Terms and Conditions may be agreed in the Purchase Agreement. Deviating arrangements in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.

1.5. The Terms and Conditions form an integral part of the Purchase Agreement. The Terms and Conditions are drawn up in the Czech language. The Seller may also make the Terms and Conditions available in other language versions (e.g., SK/EN/DE). The Purchase Agreement may be concluded in the language selected by the Buyer in the E-shop Web Interface. In the event of any discrepancy between language versions, the language version in which the Purchase Agreement was concluded shall prevail for consumers; for Buyers who are entrepreneurs, the Czech version shall prevail unless expressly agreed otherwise.

1.6. The Seller may amend or supplement the wording of the Terms and Conditions to a reasonable extent, without affecting rights and obligations arising during the effectiveness of the previous wording. The Seller will announce any change by publishing it on the Website. For Purchase Agreements already concluded, the wording effective on the date of conclusion of the relevant Purchase Agreement shall apply.

2. USER ACCOUNT

2.1. On the basis of the Buyer’s registration on the Website, the Buyer may access their user interface. From the user interface, the Buyer may place orders for goods (the “User Account”). If the E-shop Web Interface allows it, the Buyer may also order goods without registration.

2.2. When registering on the Website, using the User Account and ordering goods, the Buyer shall provide all required information correctly, completely and truthfully. The Buyer shall update the data in the User Account without undue delay whenever it changes. Data provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller. The Seller shall not be liable for damage incurred by the Buyer and/or a third party to the extent it arose due to the Buyer’s breach of obligations under this Article 2.2; this does not affect the Seller’s liability for breach of its own legal obligations.

2.3. Access to the User Account is secured by a username (typically an e-mail address) and a password. The Buyer shall keep their access data confidential and ensure its confidentiality. All actions carried out via the User Account shall be deemed actions of the Buyer. If the Buyer becomes aware of misuse or a risk of misuse of the User Account, they shall notify the Seller without undue delay. The Seller is not liable for unauthorised access to the User Account or for damage arising in connection with unauthorised access unless such situation was caused by the Seller’s breach of its obligations.

2.4. The Buyer is not entitled to transfer or make the User Account available to a third party; this does not affect the Buyer’s right to allow access to persons authorised by the Buyer (e.g., the Buyer’s employees or collaborators), while the Buyer shall be liable for the actions of such persons as if acting themselves.

2.5. The Seller is entitled to cancel the User Account or restrict its availability, in particular if:
- the Buyer does not use the User Account for more than 1 year, or
- the Buyer breaches their obligations under the Purchase Agreement (including these Terms and Conditions), or
- there is a reasonable suspicion of account misuse, a security incident or other conduct jeopardising the operation of the E-shop or the rights of the Seller or third parties.

The cancellation of the User Account does not affect the rights and obligations of the parties arising from Purchase Agreements already concluded.

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 or the necessary maintenance of third parties’ hardware and software.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentation of goods placed in the E-shop Web Interface is of an informational nature and the Seller is not obliged to conclude a Purchase Agreement regarding such goods. Section 1732(2) of the Civil Code shall not apply.

3.2. The E-shop Web Interface contains information about the goods, including the prices of individual items and the costs of returning the goods if, by their nature, such goods cannot be returned by ordinary postal means. Prices are stated including value added tax and all related fees. Prices remain valid for as long as they are displayed in the E-shop Web Interface. The prices of goods are not personalised based on automated decision-making. This does not limit the Seller’s ability to conclude a Purchase Agreement on individually agreed terms.

3.2.1. In the event of an obvious technical error in the E-shop Web Interface (in particular, an obviously incorrect price), the Seller is not obliged to accept such order; the Seller will contact the Buyer without undue delay and offer the possibility to conclude the Purchase Agreement under the correct terms.

3.3. The E-shop Web Interface also contains information about costs associated with packaging and delivery of the goods and about the method and time of delivery. Where the Seller offers free delivery, the Buyer’s right to free delivery is conditional upon payment of the minimum total purchase price of the delivered goods in the amount stated in the E-shop Web Interface.

3.4. To order goods, the Buyer completes the order form in the E-shop Web Interface. The order form contains in particular information about:
3.4.1. the ordered goods (the Buyer “places” the ordered goods into the electronic shopping cart of the E-shop Web Interface),
3.4.2. the method of payment of the purchase price and the required method of delivery of the ordered goods, and
3.4.3. information about the costs associated with delivery of the goods
(hereinafter collectively referred to as the “Order”).

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the input data they have entered into the Order, also with regard to the Buyer’s ability to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking a button clearly labelled to indicate an obligation to pay (e.g., “Order with obligation to pay”).

3.5.1. The Seller shall promptly confirm receipt of the Order to the Buyer by e-mail to the Buyer’s e-mail address stated in the User Account or in the Order (the “Buyer’s E-mail Address”). The confirmation includes a summary of the Order and the current wording of the Terms and Conditions in text form. This confirmation of receipt of the Order is not, by itself, an acceptance of the Order (conclusion of the Purchase Agreement), unless expressly stated otherwise in the confirmation.

3.6. Depending on the nature of the Order (quantity of goods, amount of the purchase price, expected shipping costs), the Seller is always entitled to request additional confirmation of the Order from the Buyer (e.g., in writing or by phone). If the Buyer does not confirm the Order without undue delay, at the latest within 2 business days of the Seller’s request (unless agreed otherwise), the Seller is entitled to cancel the Order.

3.7. The contractual relationship between the Seller and the Buyer arises at the moment the Seller accepts the Buyer’s Order. The Order is accepted in particular when:
- the Seller dispatches the goods to the Buyer (i.e., hands the goods over to the carrier for delivery to the Buyer), or
- the Seller enables the Buyer to collect the goods at the Seller’s premises (for personal collection).

3.7.1. If the Buyer is a consumer, the Seller shall provide the consumer, in text form, confirmation of the concluded Purchase Agreement and its content (including the wording of these Terms and Conditions) within a reasonable time after conclusion, at the latest upon delivery of the goods. Confirmation may be provided electronically (e.g., in a dispatch notice) and/or enclosed with the shipment. The Terms and Conditions are already provided to the consumer in the confirmation of receipt of the Order under Article 3.5.1.

3.8. The Buyer acknowledges that the Seller reserves the right not to conclude a Purchase Agreement with the Buyer, especially if:
- the ordered goods are objectively unavailable (out of stock, discontinued production, stock availability error),
- there is a reasonable suspicion of misuse of payment instruments, fraudulent conduct or another security incident,
- the Buyer has materially breached their obligations to the Seller in the past (in particular, repeatedly failed to collect shipments or failed to pay the purchase price).

3.9. The Buyer agrees to the use of distance communication means when concluding the Purchase Agreement. Costs incurred by the Buyer when using distance communication means in connection with the conclusion of the Purchase Agreement (internet connection costs, telephone call costs) shall be borne by the Buyer.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the purchase price of the goods and any costs associated with delivery of the goods to the Seller in the following ways:
- cash on delivery at the place specified by the Buyer in the Order,
- cashless by bank transfer to the Seller’s account,
- cashless via the ComGate online payment system,
- in cash or by payment card upon personal collection (if personal collection is available),
- by credit provided by a third party,
- cashless by invoice with 14-day maturity (only for Buyers who are entrepreneurs, subject to prior agreement and approval by the Seller).

4.2. Together with the purchase price, the Buyer is 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 delivery of the goods.

4.3. The Seller is entitled to require the Buyer to pay the full purchase price in advance (especially in the case of cashless payment, orders of higher value, non-standard orders or where it is reasonable given the circumstances of the Order). This does not affect Article 4.6.

4.4. In the case of cash payment, cash on delivery or personal collection, the purchase price is due upon receipt of the goods. In the case of cashless payment (transfer to the Seller’s account), the purchase price is due within 5 days from sending the Order by the Buyer, unless otherwise specified for a particular Order. If the purchase price is not credited to the Seller’s account within this period, the Seller may cancel the Order.

4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price together with the payment reference (variable symbol). In the case of cashless payment, the Buyer’s obligation to pay is fulfilled at the moment the relevant amount is credited to the Seller’s account.

4.6. The Seller is entitled, especially if the Buyer does not provide additional confirmation of the Order (Article 3.6), to require payment of the full purchase price before dispatching the goods. The Seller is not obliged to accept the Order or dispatch the goods before the full purchase price is paid.

4.7. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.

4.8. Where customary in business dealings or required by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer regarding payments made under the Purchase Agreement. The Seller is a VAT payer. The Seller shall issue the invoice after the taxable supply has taken place, at the latest within the statutory time limit, and send it electronically to the Buyer’s E-mail Address. In the case of cash on delivery payment, the invoice may be sent together with the shipment.

4.9. Individual payment methods may be restricted or unavailable in some cases, especially depending on restrictions of carriers, payment service providers, or with regard to the nature of the Order (quantity of goods, purchase price amount, expected shipping costs). Available payment methods are always transparently offered in the cart.

4.10. (B2B) Trade invoice with 14-day maturity. If the Buyer is an entrepreneur, the Seller may, upon prior mutual agreement and approval by the Seller, allow payment of the purchase price by invoice with 14-day maturity (the “Trade Invoice”). The Buyer has no entitlement to this payment method.

4.11. (B2B) Maturity and change of payment method. In the case of a Trade Invoice, the purchase price is due within 14 days from the date of issue of the invoice, unless stated otherwise on the invoice. The Seller is entitled at any time to require advance payment or another method of payment from an entrepreneur (in particular in case of the Buyer’s delay, deterioration of payment discipline or a justified concern as to recoverability).

4.12. (B2B) Penalties for late payment. If the Buyer – entrepreneur is in delay with payment of any monetary obligation to the Seller, the Buyer is obliged to pay the Seller:
- statutory default interest under Section 1970 of the Civil Code (the amount of default interest is determined under Government Decree No. 351/2013 Coll.),
- a lump-sum reimbursement of costs associated with enforcement of the receivable in the amount of EUR 48 for each individual monetary claim (unpaid invoice) under Government Decree No. 351/2013 Coll.,
- a contractual penalty of 0.2% of the outstanding amount for each commenced day of delay.

The contractual penalty is payable upon the Seller’s request. Default interest and the contractual penalty are calculated from the currently outstanding (unpaid) amount; partial payment reduces the basis for further calculation.

4.13. (B2B) Relationship between penalties and damages. The arrangement on contractual penalty under Article 4.12 does not replace default interest or the lump-sum reimbursement of costs under Article 4.12. Payment of the contractual penalty does not affect the Seller’s right to compensation for damages in full.

4.14. (B2B) Suspension of performance. If the Buyer – entrepreneur is in delay with payment of any monetary obligation, the Seller is entitled to suspend further deliveries, refuse to dispatch further Orders and/or change the payment method to advance payment, until all due obligations of the Buyer to the Seller have been fully paid.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. Articles 5.1 to 5.11 apply only to a Buyer who is a consumer.

5.2. A consumer has the right to withdraw from a Purchase Agreement concluded at a distance (through the E-shop) without giving any reason within 14 days.

5.3. The withdrawal period runs from the day the consumer or a third party designated by the consumer (other than the carrier) takes possession of the goods. If the subject of the Purchase Agreement is several types of goods or delivery of several parts, the period runs from the day of receipt of the last delivery of goods.

5.4. To withdraw from the Purchase Agreement, the consumer may use the model form provided by the Seller; the consumer may also withdraw by any other unequivocal statement made to the Seller (e.g., by e-mail). It is recommended to state the order number, identification of the goods and contact details to expedite processing.

5.5. In the event of withdrawal, the consumer shall send or hand over the goods to the Seller without undue delay, at the latest within 14 days of withdrawal. The consumer sends the goods to the operating premises address: Na Kopci 426/1b, 735 64 Havířov – Dolní Suchá, Czech Republic. Shipments sent cash on delivery will not be accepted by the Seller.

5.6. The consumer bears the costs associated with returning the goods, even if, by their nature, the goods cannot be returned by ordinary postal means; information about such costs is provided in the E-shop Web Interface.

5.7. If the consumer withdraws from the Purchase Agreement, the Seller shall refund to the consumer without undue delay, at the latest within 14 days of withdrawal, all monetary funds received from the consumer on the basis of the Purchase Agreement, including the costs of delivery. If the consumer chose a delivery method other than the least expensive delivery method offered by the Seller, the Seller shall refund the delivery costs corresponding to the least expensive delivery method offered.

5.8. The Seller is not obliged to refund the received funds to the consumer before the consumer hands the goods over to the Seller or proves that the goods have been sent back, whichever occurs first.

5.9. The consumer is liable to the Seller for any diminution in the value of the goods resulting from handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods. The Seller is entitled to unilaterally set off the claim for compensation of diminution in value against the consumer’s claim for a refund of the purchase price.

5.10. The consumer cannot withdraw from the Purchase Agreement in the cases listed in Section 1837 of the Civil Code, in particular if it concerns:
- goods modified according to the consumer’s wishes or for the consumer,
- goods that are subject to rapid deterioration, as well as goods with a short use-by period,
- goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons,
- supply of digital content not supplied on a tangible medium, if supplied with the consumer’s prior express consent before the expiry of the withdrawal period and if the consumer was informed that by giving such consent they lose the right of withdrawal.

5.11. If a gift is provided together with the goods, the gift agreement is concluded with a resolutory condition that, if the consumer withdraws from the Purchase Agreement, the gift agreement shall cease to be effective and the consumer shall return the provided gift together with the goods.

Download form for withdrawal:

Form for withdrawal from the contract of sale Word

Contract of withdrawal form PDF

Return of goods by an entrepreneur (B2B)

5.12. Articles 5.12 to 5.16 apply to a Buyer who is an entrepreneur.

5.13. The entrepreneur is entitled to return goods without giving any reason within 14 days of receipt of the goods (the “Return of Goods”), under the conditions set out in Articles 5.14 to 5.16.

5.14. The condition for the Return of Goods is that the goods are unused, undamaged, complete (including accessories, manuals, etc.) and returned in the original packaging if it was supplied with the goods. The goods must be returned clean and in saleable condition. The Seller is entitled to refuse to accept goods that do not meet these conditions, or to return them to the entrepreneur at the entrepreneur’s expense.

5.15. The Return of Goods does not apply in particular to: goods modified according to the entrepreneur’s requirements or for their person, goods subject to rapid deterioration or with a short use-by period, food, goods in sealed packaging that has been opened for hygienic reasons, and other goods whose return the Seller cannot accept due to the nature of the goods.

5.16. The costs of returning the goods are borne by the entrepreneur. The entrepreneur shall send or hand over the goods to the Seller without undue delay, at the latest within 14 days of notifying the Return of Goods, to the operating premises address: Na Kopci 426/1b, 735 64 Havířov – Dolní Suchá, Czech Republic. Shipments sent cash on delivery will not be accepted by the Seller. The Seller shall refund the paid purchase price to the entrepreneur (excluding the costs of the original delivery, unless agreed otherwise) within 14 days of physical receipt of the returned goods and inspection of compliance with Article 5.14; the Seller is entitled to set off against the refunded amount the reasonably incurred costs arising in connection with incompleteness or damage to the goods.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If the method of transport is agreed based on the Buyer’s special request, the Buyer bears the risk and any additional costs associated with such transport method.

6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery. If the Buyer fails to accept the goods without a legal reason, the Buyer is in delay with acceptance.

6.3. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner different from that stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery or with a different method of delivery.

6.4. Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging and in case of any defects shall notify the carrier without undue delay. If a breach of the packaging indicating unauthorised entry into the shipment is found, the Buyer is entitled not to accept the shipment from the carrier. It is recommended to draw up a damage report with the carrier and take photographic documentation. This does not affect the Buyer’s rights from liability for defects and other rights arising from generally binding legal regulations.

6.5. The risk of damage to the goods passes to the Buyer upon acceptance of the goods. If the Buyer is a consumer, the Seller bears the risk of damage to the goods until the moment the consumer takes possession of them, unless the consumer designated a carrier outside the transport methods offered by the Seller; in such a case, the risk passes upon handing the goods over to such carrier.

6.6. Failure to collect a shipment or unjustified refusal to accept the goods is not considered withdrawal from the Purchase Agreement. In such a case, the Buyer is obliged to reimburse the Seller for reasonably and demonstrably incurred costs arising in connection with delivery and return of the shipment (in particular transport costs there and back, any cash-on-delivery fees and reasonably incurred packaging costs) upon the Seller’s request.

6.7. If the Buyer is in delay with acceptance of the goods or if, for reasons on the Buyer’s side, the goods must be stored, the Seller will keep the goods for the Buyer in an appropriate manner and will notify the Buyer of the storage.

6.7.1. The Seller is entitled to require the Buyer to reimburse the reasonably incurred costs associated with keeping (storing) the goods and repeated delivery (in particular storage, handling and administrative costs). Unless agreed otherwise, the Seller is entitled to charge storage fees in the amount of EUR 1.20 for each commenced day of storage, from the 8th day following the day on which the Seller notified the Buyer that the goods are ready for collection, or from the 8th day following the day on which the goods were returned to the Seller as undelivered due to reasons on the Buyer’s side; for oversized or otherwise specific goods, the Seller may charge storage fees corresponding to the actual storage costs.

6.7.2. The total amount of storage fees and costs under Article 6.7.1 may be charged only up to the purchase price of the stored goods.

6.7.3. The Seller is entitled to retain the goods until payment of the due costs under Article 6.7.1.

6.7.4. If the total amount of storage fees and costs under Article 6.7.1 reaches the limit under Article 6.7.2, the Seller will notify the Buyer without undue delay and provide an additional reasonable period for collection of the goods and payment of due costs. If the Buyer does not collect the goods even within this additional period, the Seller is entitled to sell the goods on the Buyer’s account in an appropriate manner in accordance with Section 2126 of the Civil Code; from the proceeds, the Seller will pay storage fees and related costs (up to the limit under Article 6.7.2) and pay any remaining balance to the Buyer.

6.8. Further rights and obligations of the parties in the transport of goods may be governed by the Seller’s special delivery terms, if issued by the Seller.

7. RIGHTS FROM DEFECTIVE PERFORMANCE (COMPLAINTS)

7.1. The rights and obligations of the parties regarding rights from defective performance are governed by the relevant provisions of the Civil Code. If the Buyer is a consumer, the rights from defective performance are governed in particular by Sections 2161 to 2174b of the Civil Code and related provisions of Act No. 634/1992 Coll., on Consumer Protection. If the Buyer is an entrepreneur, the rights from defective performance are governed by the Civil Code; the Seller provides to the entrepreneur the rights from defective performance under Articles 7.2 to 7.15 analogously, unless these Terms and Conditions expressly provide otherwise for entrepreneurs (in particular Articles 7.19 to 7.23).

7.2. The Seller is liable to the Buyer that the goods are free from defects upon acceptance. In particular, the Seller is liable that at the time the Buyer took possession of the goods:
- the goods have the characteristics agreed by the parties, and if no agreement exists, such characteristics as described by the Seller or manufacturer or as the Buyer could reasonably expect given the nature of the goods,
- the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
- the goods correspond in quality or design to the agreed sample or specimen, if the quality or design was determined according to the agreed sample or specimen,
- the goods are in the appropriate quantity, measure or weight, and
- the goods comply with legal requirements.

7.3. For goods with digital features, the Seller is also liable to the Buyer for providing agreed updates of digital content or digital content services and for notifying the Buyer of the availability of updates, for the period arising from the contract, the nature of the goods and the Buyer’s reasonable expectations.

7.4. Articles 7.2 and 7.3 do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by ordinary use, to used goods regarding a defect corresponding to the extent of use or wear and tear that the goods had upon acceptance, or where it follows from the nature of the goods.

7.5. If a defect becomes apparent for a consumer within one year of acceptance, it is presumed that the goods were defective already upon acceptance, unless this is excluded by the nature of the goods or the defect.

7.6. A consumer may assert a defect that becomes apparent within two years of acceptance. An entrepreneur may also assert a defect with the Seller within two years of acceptance, unless otherwise stated for the specific goods.

7.7. The Buyer asserts rights from defective performance with the Seller mainly by e-mail or by another demonstrable method. Depending on the nature of the defect, the Seller will inform the Buyer whether and where the complained goods should be delivered; as a rule, the complained goods are sent/delivered to the Seller’s operating premises: Na Kopci 426/1b, 735 64 Havířov – Dolní Suchá, Czech Republic, or to another address communicated by the Seller.

7.8. When making a complaint, the Buyer shall state in particular: identification of the Order (order/invoice number), description of the defect, the requested method of handling the complaint and contact details. The Seller recommends attaching photo/video documentation of the defect where appropriate.

7.9. The Buyer shall hand over the goods for complaint clean, safe and complete (including commonly supplied accessories) so that the goods can be assessed. Shipments sent cash on delivery will not be accepted by the Seller.

7.10. If the defect is to be remedied by repair or replacement, the Seller shall remedy the defect within a reasonable time after it is asserted so as not to cause significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased them.

7.11. The consumer may require that the defect be remedied. At their choice, they may require delivery of a new item without defects or repair of the item, unless the chosen method of remedy is impossible or disproportionately costly compared to the other method.

7.12. The Seller may refuse to remedy the defect if it is impossible or disproportionately costly given the significance of the defect and the value the goods would have without the defect.

7.13. The consumer may request an appropriate discount or withdraw from the contract if the Seller refused to remedy the defect or did not remedy it in accordance with Article 7.10, the defect recurs, the defect constitutes a material breach of contract, or it is apparent from the Seller’s statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience.

7.14. An appropriate discount is determined as the difference between the value of the goods without the defect and the defective goods that the Buyer received.

7.15. The consumer cannot withdraw from the contract if the defect is insignificant; it is presumed that the defect is not insignificant.

7.16. A consumer complaint, including remedy of the defect, must be handled and the consumer must be informed of it no later than within 30 days from the date the complaint is made, unless the Seller agrees with the consumer on a longer period.

7.17. The Seller shall issue the consumer a confirmation of receipt of the complaint (e.g., by e-mail), stating the date the complaint was made, its content, the requested method of handling and contact details for information about handling of the complaint.

7.18. When handling a justified consumer complaint, the Seller bears the costs associated with making and handling the complaint, in particular reasonable transport costs of the complained goods. The consumer generally sends the goods for complaint at their own expense unless agreed otherwise with the Seller (e.g., provision of a shipping label / collection). If the complaint is recognised as justified, the consumer may request reimbursement of the lowest reasonably incurred transport costs to send the goods for complaint (and, if applicable, back) and shall provide proof of payment (e.g., a postal receipt / carrier invoice).

7.19. If the Buyer is an entrepreneur, the provisions of Articles 7.7 to 7.15 apply analogously to the assertion and handling of the complaint unless Articles 7.20 to 7.23 provide otherwise.

7.20. The entrepreneur shall inspect the goods as soon as possible after receipt. Obvious defects (in particular quantity, mix-up, mechanical damage, incompleteness) must be asserted by the entrepreneur no later than within 3 business days of receipt.

7.21. In the case of an entrepreneur’s complaint, the Seller is entitled to choose an appropriate method of handling the complaint (in particular repair, replacement, supply of a missing part or an appropriate discount), taking into account the nature of the defect, availability of spare parts and economic efficiency.

7.22. The costs associated with transport of complained goods to the Seller are borne by the entrepreneur.

7.23. The Seller will handle an entrepreneur’s complaint within a reasonable time, taking into account the nature of the defect and the goods; the 30-day period for handling complaints under consumer regulations does not apply to entrepreneurs.

Complaint protocol for download:

Complaint protocol Word

Complaint protocol PDF

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1820(1)(n) of the Civil Code.

8.2. The Seller handles Buyer complaints via e-mail. Complaints may be sent to: info@auto-majaky.cz. The Seller will send information about handling the complaint to the Buyer’s E-mail Address.

8.3. For out-of-court settlement of consumer disputes arising from the Purchase Agreement, the Czech Trade Inspection Authority (ADR) is competent: Central Inspectorate – ADR Department, Gorazdova 1969/24, 120 00 Prague 2, Czech Republic, web: coi.gov.cz/informace-o-adr/. In the case of a cross-border consumer dispute within the EU, the consumer may also use information for cross-border out-of-court dispute resolution published by the Czech Trade Inspection Authority.

8.4. The Buyer may also address a complaint to the competent supervisory authority. The Seller is authorised to sell goods on the basis of a trade licence. Trade licensing supervision is carried out by the competent Trade Licensing Office within its competence. Supervision over personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority also supervises, within the defined scope, compliance with the Civil Code and the Consumer Protection Act.

8.5. The Buyer undertakes to use the goods in accordance with the instructions, guidelines and safety warnings stated for the goods, on the packaging or in accompanying documentation.

8.6. If the Buyer is an entrepreneur, the parties agree that the Buyer assumes the risk of change of circumstances; Sections 1765 and 1766 of the Civil Code shall not apply.

9. PERSONAL DATA PROTECTION, SENDING OF COMMERCIAL COMMUNICATIONS

9.1. The Seller is the controller of the Buyer’s personal data within the meaning of Regulation (EU) 2016/679 (GDPR) and processes personal data in accordance with the GDPR, Act No. 110/2019 Coll., on the processing of personal data, and Act No. 480/2004 Coll., on certain information society services.

9.2. The Seller processes the Buyer’s personal data mainly for the purposes of:
- concluding and performing the Purchase Agreement (processing the Order, delivery of goods, communication with the Buyer),
- fulfilling the Seller’s legal obligations (in particular accounting and tax obligations, handling complaints),
- protecting the Seller’s rights and legitimate interests (in particular maintaining necessary records, enforcement of receivables),
- direct marketing to the extent and under the conditions set out in Article 9.5.

9.3. The Buyer acknowledges that providing certain personal data is necessary for concluding and performing the Purchase Agreement; without providing such data, it may not be possible to complete the Order or duly perform the Purchase Agreement.

9.4. The Seller is entitled to transfer personal data to third parties to the necessary extent, where such parties participate in performance of the Purchase Agreement or in ensuring the Seller’s statutory obligations (in particular carriers, payment service providers, IT/hosting providers and accounting or tax advisors), always only to the extent necessary for the given purpose.

9.5. Sending of commercial communications. The Seller may send commercial communications:
- based on the Buyer’s consent (e.g., newsletter subscription), or
- without prior consent if the Seller obtained the Buyer’s electronic contact in connection with sale of goods or services and the commercial communication relates to the Seller’s own similar products or services, while the Buyer had and always has an easy possibility to refuse receiving such communications.

The Buyer may refuse receiving commercial communications at any time free of charge (by unsubscribing via the link in the communication or by sending a request to the Seller’s e-mail address).

9.6. Detailed information on personal data processing, including the scope of processing, legal bases, retention periods, recipients and the Buyer’s rights (in particular the right of access, rectification, erasure, restriction of processing, data portability, objection, withdrawal of consent and the right to lodge a complaint with the Office for Personal Data Protection), is provided in a separate document “Personal Data Processing Policy” (or “Personal Data Protection”), available on the Seller’s Website.

10. DELIVERY OF NOTICES

10.1. Notices to the Buyer may be delivered in particular to the Buyer’s E-mail Address stated in the User Account or in the Order (the “Buyer’s E-mail Address”).

10.2. The Buyer shall ensure that the Buyer’s E-mail Address is correct and functional and that delivery of messages from the Seller is not blocked (e.g., by anti-spam settings, a full mailbox, etc.).

10.3. A message sent by the Seller to the Buyer’s E-mail Address is deemed delivered at the moment it enters the Buyer’s sphere of control, i.e., when it is objectively possible to become acquainted with it (regardless of whether the Buyer actually reads it).

10.4. If the Buyer frustrates delivery of a message (in particular by providing an incorrect e-mail address, failing to update it, refusing to receive messages or otherwise preventing the message from entering their sphere of control), the message shall be deemed duly delivered.

10.5. If the Buyer is an entrepreneur, the Seller may also deliver notices to the Buyer’s registered office or operating premises address stated in a public register or to another contact detail communicated by the Buyer to the Seller.

11. FINAL PROVISIONS

11.1. Governing law. The rights and obligations of the contracting parties are governed by the law of the Czech Republic.

11.2. International element. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not deprive a Buyer who is a consumer of the protection afforded by provisions of law from which no contractual derogation is permitted and which would otherwise apply, in the absence of a choice of law, pursuant to Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council (Rome I).

11.3. Exclusion of CISG for B2B. If the Buyer is an entrepreneur and the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention, CISG) would otherwise apply, the parties expressly agree that the application of the CISG is excluded.

11.4. Jurisdiction of courts.
Consumer: Jurisdiction of courts in disputes with consumers is governed by generally binding legal regulations and directly applicable EU regulations (in particular Regulation (EU) No. 1215/2012 of the European Parliament and of the Council); the Seller does not restrict the consumer’s right to choose a court according to law.
Entrepreneur: In disputes between the Seller and a Buyer – entrepreneur arising from business activity, the parties agree on the local jurisdiction of the court of first instance according to the Seller’s registered office (choice of forum), unless exclusive jurisdiction applies.

11.5. Invalidity / ineffectiveness (severability clause). If any provision of these Terms and Conditions is invalid or ineffective, or becomes so, it shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

11.6. Archiving. The Purchase Agreement including these Terms and Conditions is archived by the Seller in electronic form and is not publicly accessible.

11.7. Appendices. A model withdrawal form and a complaint form are available on the Seller’s Website (or are provided to the consumer in text form in communication as needed).

11.8. Seller’s contact details. CAD – Czech auto devices s.r.o., registered office: ul. Nákupní 468/14, 736 01 Havířov, Czech Republic, Company ID: 07451962, VAT No.: CZ07451962; operating premises: Na Kopci 426/1b, 735 64 Havířov – Dolní Suchá, Czech Republic; e-mail: info@auto-majaky.cz; phone: +420 553 038 925.

11.9. Effectiveness. These Terms and Conditions are effective as of 1 January 2026. Previous ones are available upon request.