This Automotive Web Server - website is managed by AllCAR - CZ ID: 26315980, EU VAT No. CZ26315980, registered in the Commercial Register maintained in Pilsen, CZ, Section C, File 12961, for the sale of goods through an on-line shop located at https://allcar.eu
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Terms of internet commerce is governed by regulations set forth herein, as well as applicable legislation and business practices.
TERMS AND CONDITIONS
1. INTRODUCTORY PROVISIONS
These terms and conditions (hereinafter referred to as the "terms and conditions") of the AllCAR Vehicles & Parts sro, registered office in Pilsen, identification number: 26315980, registered in the Commercial Register maintained in Pilsen, CZ, section C, insert 12961 (hereinafter referred to as "Company") in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the contracting parties arising in connection with or Purchase ("Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “ Buyer ”) through the Company's online store.
The online store is operated by the Company on a website located on the Internet address https://allcar.eu (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “Web Interface”).
The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person who acts in ordering goods in the course of his business activity or in the course of his / her independent profession.
Provisions deviating from the terms and conditions can be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech, English or German language. The purchase contract can be concluded in either language
The Seller may change or supplement the wording of the Terms and Conditions. This provision is without prejudice to rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
2. USER ACCOUNT
Based on the buyer's registration on the website, the buyer can access his user interface. From its user interface, the Buyer can order goods (hereinafter referred to as "user account
When registering on the website and ordering goods, the Buyer is obliged to provide correct and truthful information. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.
Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
The Buyer is not entitled to allow the use of the user account by third parties.
The Seller may cancel the user account, if the buyer breaches his obligations under the purchase contract (including terms and conditions).
The Buyer acknowledges that the user account may not be available at all times, especially with respect to the necessary maintenance of the hardware and software equipment.
3. CONCLUSION OF THE PURCHASE CONTRACT
All presentation of the goods placed in the web interface of the shop is of informative character and the Seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods cannot by their nature be returned by the normal postal route.
Prices of goods include VAT and all related fees. Prices of goods remain valid as long as they are displayed in the web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
The Website also contains information about the costs associated with packaging and delivery.
To order goods, the Buyer fills in the order form on the Website. The order form contains information about:
ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
Before sending the Order, the Buyer is allowed to check and change the data entered into the Order, also with regard to the Buyer's ability to detect and correct errors arising when entering purchase data.
The Buyer sends the Order by clicking on the "SUBMIT" button.
The data listed in the Order are deemed correct.
The Seller shall confirm the receipt to the Buyer immediately upon receipt of the Order 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”).
Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (eg. in writing or by telephone).
The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order, which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
The price of the goods and any costs associated with the delivery is paid by the Buyer.
Together with the purchase price, the Buyer is obliged to pay the costs associated with packaging and delivery of goods in the agreed amount.
The Seller normally does not require the Buyer to pay a deposit or other similar payment.
In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods.
In the case of a cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
The Seller is entitled to request payment of the entire purchase price before sending the goods to the Buyer.
Any discounts on the price of goods provided by the Seller cannot be combined.
If required, the Seller shall issue to the Buyer a tax document - invoice.
Pursuant to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer.
If not specified otherwise, the purchase confirmation supplied by email to the Buyer is such a receipt.
Payment receipt is supplied by the transportation company on goods arrival.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
The Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days from receipt of the goods, and if the purchase contract is subject to several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery.
Therefore, the Buyer can return the goods purchased.
The Buyer acknowledges, that under the provisions of Sections of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract and return the goods that have been modified by the Buyer after delivery.
Withdrawal from the contract of sale must be sent to the seller within the period specified in the previous sentence.
For withdrawal from the purchase contract, the buyer can use any means written, may be sent to Seller's via e-mail address or as post letter.
In case of withdrawal from the purchase contract according to Article 5.1 of the Terms and Conditions, the purchase contract is canceled from the beginning.
The Goods must also be returned to the Seller within fourteen (14) days from the delivery. In this case the Buyer bears the cost of returning the goods, if not specified otherwise.
The Seller shall also return the funds received within fourteen (14) days latest from the withdrawal from the Purchase Agreement by the Buyer.
The Seller is also entitled to return the performance provided by the Buyer upon returning the goods by the Buyer, it means, if the Buyer withdraws from the contract, the Seller is not obliged to return the funds received before the buyer returns the goods or proves that the goods has been sent to the seller.
The Seller is entitled to unilaterally set off the claim for compensation of damage (if any) incurred to the Goods against the Buyer's claim for refund of the purchase price.
In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with Sections above, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer returns the goods.
If returned, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the account specified by the Buyer.
6. TRANSPORT AND DELIVERY OF GOODS
If the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.
If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. costs associated with other delivery methods.
Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In case of finding a breach of the package, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier. This does not affect the Buyer's rights from liability for defects of goods and other Buyer's rights resulting from generally binding legal regulations.
Other rights and obligations of the parties in the carriage of goods may be governed by special delivery conditions of the Seller, if issued by the Seller.
7. RIGHTS OF DEFECTIVE PERFORMANCE
The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding legal agreements of the European Union.
The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable at the time when the Buyer took over the goods:
the goods have properties agreed upon by the parties and, in the absence of an agreement, those properties described by the Seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out,
the goods are fit for the purpose stated by the Seller or for which goods of this kind are usually used,
the goods correspond to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
the goods are of an appropriate quantity, measure or weight, and
the goods comply with legal requirements.
The above sections apply to goods described as NEW. If goods in any other condition, eg. as USED, this case is governed by section of Civic Laws.
The Seller has obligations of non defective performance at least to the extent that the obligations of non defective performance of the manufacturer persist. The buyer is otherwise entitled to exercise the right from a defect that occurs in NEW consumer goods within twenty-four months of receipt.
If the goods to be sold, on their packaging, in the instructions accompanying the goods or in an advertisement, in accordance with other legislation, indicate the period during which the goods may be used, the quality guarantee provisions shall apply.
The Seller undertakes to ensure that the goods will be fit for normal use for specified period of time or that they will retain their normal properties.
If the Buyer has rightfully complained to the Seller of the defect of the goods, the period for exercising the rights from defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective goods.
The provisions stated in Article 7.4 of the Terms and Conditions shall not apply to goods sold at a lower price or goods NOT NEW at the time of purchase.
The Buyer shall inform the Seller of his / her right at the time of or without undue delay after the defect happened. The Buyer cannot change the choice made without the Seller's consent; this does not apply if the buyer asked for repair of the defect, which proves to be irreparable.
If the goods do not have the characteristics specified in Article 7.2 above, the Buyer may also request the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, if this is not possible, he may withdraw from the contract.
However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
The buyer has the right to deliver new goods or replace parts even in the case of a removable defect, if he cannot properly use the goods for repeated occurrence of the defect after repair or for a larger number of defects.
In this case, the buyer has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may claim a reasonable discount.
The Buyer has the right to a reasonable discount even if the Seller cannot deliver new goods without defects, replace its parts or repair the goods, as well as in the event that the seller fails to remedy the situation within a reasonable time, or if remedy to the buyer would cause significant difficulties.
Other rights and obligations of the parties related to the Seller's liability for defects may be regulated otherwise.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Sections of the Civil Code.
Consumer complaints are handled by the Seller via an electronic address. The Seller shall send information about the settlement of the Buyer's complaint to the Buyer's email address.
The online dispute resolution platform at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the sales contract.
European Consumer Center is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
The Seller is also entitled to sell goods on the basis of a trade license.
Trade control is carried out within the scope of its competence by the appropriate
Trade Licensing Office. Supervision of personal data protection is performed by the Office for Personal Data Protection.
The Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
Its duty to inform the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) hereinafter referred to as the “GDPR Regulation”) relating to the processing of Buyer's personal data for the purpose of performance of the Purchase Agreement, for the purpose of negotiating the Purchase Agreement and for the fulfillment of Seller's public obligations.
10. SENDING BUSINESS MESSAGES AND STORING COOKIES
Pursuant to Section 7 (2) of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer agrees to receive commercial communications by the Seller at an electronic address or the buyer's phone number. The Seller fulfills its obligation to inform the Buyer within the meaning of Article 13 of the GDPR Regulation regarding the processing of Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
The buyer agrees to the storing of cookies on his computer.
If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may at any time withdraw the consent under the previous sentence.
11. FINAL PROVISIONS
If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by EU law.
The choice of law referred to in the preceding sentence shall not deprive the consumer of the protection afforded by provisions of the law which cannot be contractually derogated from and which would otherwise apply in the absence of the choice of law under the provisions of Article 6 (1) (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
If any provision of the Terms and Conditions is or becomes invalid or ineffective, a provision whose meaning is as close as possible to the invalid provision shall replace the invalid provision.
The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.
A standard form for withdrawal from the purchase contract is attached to the Terms and Conditions.
Seller's contact details: delivery address see above, email address see form above, phone see form above.
These Business Terms and Conditions are effective as of the day of operation of the Website.
Thank you for attention