General terms and conditions

K MOTORSHOP s.r.o.

Company ID: 250 28 448

with registered office at Ústecká 408, 403 39 Chlumec

  1. Introductory provisions and purpose of the general terms and conditions

    1. These general terms and conditions (hereinafter referred to as " GTC") govern the contractual relations established in connection with the conclusion of contracts between the Seller and the Buyer, for the purpose of selling goods (hereinafter referred to as " Goods ").

    2. Contractual relations according to these GTC are governed by Czech law and apply in full, unless the contracting parties agree in writing on certain conditions otherwise. In such a case, deviating provisions contained in the Contract (order) take precedence over these GTC.

    3. By concluding the Agreement, the buyer confirms that he has familiarized himself with these General Terms and Conditions, agrees with them and that he expressly acknowledges that these General Terms and Conditions are an integral part of the contractual arrangement between him and the Provider.

  2. Definiton of terms

    1. The seller is the trading company K MOTORSHOP s.r.o., company ID: 250 28 448, with registered office at Ústecká 408, 403 39 Chlumec, registered in the commercial register kept at the Regional Court in Ústí nad Labem, section C, insert 13089; phone: +420 475 209 033 , e-mail: info@kmotorshop.com.

    2. Buyer means a client, customer, user who concludes a Contract with the Seller. The buyer can be a consumer, i.e. a natural person who, when concluding and performing the Agreement, is not acting as part of his business or other business activity or as part of the independent performance of his profession (in this case, the term "Consumer" is used in these terms and conditions ). If the Buyer provides his company ID number in the order form, it is considered that the Contract is not concluded with the consumer.

    3. According to these GTC, the contract means the purchase contract concluded between the Seller and the Buyer during the purchase of the Goods, and the content of which is the obligation of the Seller to send the Goods to the address specified in the Order or prepare them for personal collection at the Seller's headquarters, and the obligation of the Buyer to pay the Price, if applicable, including shipping costs .

    4. The website means the website of the Seller with the domain www.kmotorshop.com.

    5. OZ means Act No. 89/2012 Coll., Civil Code, as amended.

  3. User account

    1. Based on the Buyer's registration on the Website, the Buyer can access its user interface. From its user interface, the Buyer can create Orders. If the web interface of the store allows it, the buyer can also order goods without registration directly in the online store.

    2. When registering on the Website and when ordering Goods, the Buyer is obliged to enter all data correctly and truthfully. The Buyer is obliged to update the data in the user account in case of any change.

    3. 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.

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

    5. The Seller may cancel the user account, especially if the Buyer does not use his user account for more than 12 months, or if the Buyer violates his obligations under the Agreement (including the GTC).

    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 necessary maintenance of hardware and software equipment of third parties.

  4. Order and contract conclusion

    1. The Buyer orders Goods from the Seller in the following ways:

      1. via the e-shop, i.e. via the Seller's electronic catalog published on the Website,

      2. by phone,

      3. by email,

      4. through EDI platforms

      5. in another way after agreement with the Seller (in this case, the Seller has the right to request written confirmation of the order from the Buyer; the written form will be preserved if the order is placed in electronic form ),

      (hereinafter referred to as the “ Order”).

    2. Before sending the Order, the Buyer is obliged to check and, if necessary, modify the filled-in data. The seller is not responsible for false, incorrect or incomplete data. By sending the Order, a binding Order for Goods is made, or a proposal for the conclusion of the Contract.

    3. In the Order, the Buyer also specifies the method of taking over the Goods, the type of transport and the place of delivery (address).

    4. The seller is not obliged to accept the order. The Order becomes binding for the Buyer from the moment of its acceptance by the Seller (acceptance of the Order creates a purchase contract, including these GTC).

    5. Acceptance of the Order will be confirmed to the Buyer by sending an e-mail to his e-mail address specified in the Order. Attached to the confirmation email is a summary of the Order and these GTC. By the delivery of this confirmation e-mail, the Agreement is concluded and this e-mail constitutes at the same time a confirmation of its conclusion. Any changes to the concluded Contract (including cancellation of the Order) are then only possible based on an agreement with the Seller.

    6. Until the confirmation of acceptance of the Order is delivered to the Buyer, the Buyer can cancel the Order by phone or e-mail.

    7. The Seller is always entitled, depending on the nature of the Order (quantity of Goods, amount of the purchase price, estimated transport costs), to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).

    8. If the Seller contacts the Consumer via a telephone or similar device, the entrepreneur shall inform the Consumer at the beginning of each call of the business purpose of the call and his/her identity details, and if he/she is calling on behalf of another person, also his/her identity details.

    9. The Seller will confirm the offer made during the call to the Consumer in text form without undue delay. The consumer is bound by the offer only after he has expressed his consent electronically or by signing the confirmation of the offer on the deed.

    10. The Seller can provide the Buyer with a price discount according to the Contract under individually agreed conditions.

    11. Any discounts from the purchase price of the Goods cannot be combined with each other, unless the Seller and the Buyer agree otherwise.

    12. The Seller is entitled to withdraw from the concluded contract at any time before the delivery of the Goods, especially if he is unable to deliver the Goods to the Buyer within a period reasonable for the circumstances due to third-party reasons, or if the Goods are no longer manufactured or delivered, or if it becomes clear that the Buyer has violated the previously concluded Agreement with the Seller . If the Buyer has already paid the purchase price, it will be returned to him.

    13. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the Buyer when using means of communication at a distance in connection with the conclusion of the Agreement (costs of Internet connection, costs of telephone calls) are covered by the Buyer himself.

    14. In the event that an incorrect price of the Goods is indicated in the online store due to an obvious mistake by the Seller (unreasonably low price, typo when entering the price, etc.), or a similar error in the process of concluding the Contract, then the Seller is not obliged to deliver the Goods at such an obviously incorrect price, and even if the acceptance of the Order has been confirmed. In the event that the Buyer has already paid such an obviously incorrect price, the Seller is entitled to withdraw from the Contract.

  5. Price and payment

    1. The price of the goods is determined by the Seller's price list at the time the Order is created (specified in the sent order form), unless the parties have agreed otherwise.

    2. In case of doubt or dispute, the Buyer is obliged to pay the Price stated (possibly together with the shipping fee) on the invoice/delivery note that the Buyer signs upon delivery of the Goods.

    3. The seller reserves the right to change prices. Current prices are always listed on the Website for the relevant Product. Without the consent of the Buyer, it is not possible to change the Prices for which the Contract was concluded.

    4. Unless otherwise stated, prices are always without VAT. The price of the Goods does not include transport charges, which may be billed to the Buyer in the actual amount, usually according to the carrier's price list.

    5. If there was an obvious error in the price statement (this means primarily a typo, an error in entering prices) or a similar error in the process of concluding the Contract, then the Seller is not obliged to deliver the Goods at such an obviously incorrect price, even if there was automatic confirmation of receipt of the Order. In the event that the Buyer has already paid such an obviously incorrect price, the Seller is entitled to withdraw from the Contract.

    6. The price of the Goods and any costs associated with the delivery of the Goods under the Contract may be paid by the Buyer to the Seller in the following ways:

      1. in cash upon acceptance of the Goods,

      2. in cash on delivery at the place specified by the Buyer in the Order,

      3. cashless in advance to the Seller's account on the basis of a pro forma invoice,

      4. by card through the PayPal payment system.

    7. Any other payment methods and possible fees associated with some payment methods are listed on the Website for the specific Goods.

    8. In the case of non-cash payment based on a pro forma invoice, the Buyer is obliged to pay the purchase price of the Goods together with the indication of the variable payment symbol. 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.

    9. Stock levels of the Seller's suppliers are displayed on the Website. Goods that are not in stock at the time the Order is created will not be secured by the Seller from the supplier until they are paid by the Buyer.

    10. From the sales prices listed on the Website, the Seller provides the Buyer with wholesale discounts for the resale of the Goods. The buyer will find information about the amount of the discount on the Website after registering and logging into their account. The price of the Goods after deduction of the discount is without shipping costs; shipping will be charged according to actual costs. Action or Seasonal discounts do not add up to wholesale discounts, the higher discount always applies.

    11. In the case of larger orders or orders, the Buyer has the option to request individual conditions (discounts, shipping, etc.), which are part of the agreement with the Seller.

  6. Terms of delivery

    1. The Seller will send the goods no later than 30 days from the date of payment, unless otherwise stated on the Website or unless the parties have agreed otherwise.

    2. The goods will be shipped after payment of the total price, including shipping costs (with the exception of cash on delivery).

    3. In the event that the mode of transport is contracted on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.

    4. If, according to the Contract, the Seller is obliged 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.

    5. If, for reasons on the part of the Buyer, it is necessary to deliver the Goods repeatedly or in a different way than was specified in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the Goods, or costs associated with another delivery method.

    6. When taking over 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, to notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the Buyer does not have to accept the shipment from the carrier. The buyer has the right to request a record of damage to the shipment.

    7. Additional rights and obligations of the parties during the transportation of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

    8. If the Buyer does not take over the Goods, they will be stored at the Seller's headquarters for 30 days. The costs related to the return of the Goods are borne by the Buyer. The Provider is entitled to charge for the storage of warehousing Goods in the amount of CZK 200 per day.

  7. Withdrawal from contract

    1. A buyer who is not a consumer may withdraw from the Agreement only in the cases specified in the OZ.

    2. The consumer may withdraw from a contract concluded remotely (including via the Internet) or from a contract concluded off-premises within fourteen days without giving reasons. Unless otherwise specified, the period ends fourteen days after the date of conclusion of the Agreement.

    3. If the subject of the obligation is the purchase of Goods, the period ends with the expiry of fourteen days from the day on which the Consumer or a third party designated by him other than the carrier transports the Goods, or

      1. the last piece of Goods, if the Consumer orders several pieces of Goods that are delivered separately within one Order,

      2. the last item or part of a delivery of Goods consisting of several items or parts, or,

      3. the first delivery of the Goods, if the Contract stipulates a regular delivery of the Goods for an agreed period.

    4. If the Consumer has not been informed about the right to withdraw from the Contract according to paragraph 2 of this article, he may withdraw from the Contract within one year from the date of expiry of the period according to paragraph 1 of this article. In the event that the Seller has informed the Consumer of the right to withdraw from the Contract within one year from the date specified in paragraph 2 of this article, the period for withdrawal will end fourteen days from the day the Consumer received the instruction.

    5. The Seller is obliged to return to the Buyer, who is a Consumer (in case of proper withdrawal from the Contract) an amount fully corresponding to the Price, including the delivery costs, which the Seller received from him on the basis of the Contract, within fourteen days of withdrawal from the Contract, in the same way as payment received from the Buyer. The costs related to the return of the Goods are borne by the Buyer. The Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the Goods to him or proves that he has sent the Goods to the Seller.

    6. A buyer who is not a Consumer and a buyer from outside the EU (in case of proper withdrawal from the Contract) does not have the right to a refund of the amount corresponding to the delivery costs. The costs related to the return of the Goods are borne by the Buyer.

    7. If the Buyer has chosen a method other than the cheapest method of delivery of the Goods offered by the Seller, the Seller will reimburse the Buyer for the cost of delivery of the Goods only in the amount corresponding to the cheapest method of delivery of the Goods offered.

    8. In the event that the Buyer withdraws from the contract, the subject of which was the Goods delivered by the Seller's foreign supplier, the Buyer is obliged to reimburse the Seller for the costs associated with returning the Goods (logistics, storage, etc.) to this foreign supplier, in the amount of up to 50% of the purchase price of this Goods. The Seller informs the Buyer in advance that the Goods in question cannot be returned due to a reason on the part of the Seller's foreign supplier.

    9. The Seller shall reimburse the Buyer, who is a Consumer, the costs associated with the return of the Goods, if he did not notify the Consumer of the obligation to bear these costs in accordance with the provisions of § 1820 paragraph 1 letter j) OZ (i.e. the Seller informs the Buyer that in case of withdrawal from the Contract, the Consumer will bear the costs associated with the return of the Goods, and if it is a Contract concluded via a means of distance communication, the amount of the costs associated with the return of the Goods, if it cannot be nature returned by usual postal route).

    10. The Consumer is liable to the Seller only for the reduction in the value of the goods that occurred as a result of handling the goods in a manner other than what is necessary to familiarize himself with the nature, properties and functionality of the goods. This does not apply if the Seller has not disclosed the data to the Consumer in accordance with § 1820 paragraph 1 letter i) OZ ((i.e. the conditions, deadline and procedure for exercising the right to withdraw from the contract, as well as the sample form (DOCX, PDF) for withdrawing from the contract, if this right can be used; the details of the sample form are determined by the implementing legislation).

    11. The Consumer may withdraw from the Agreement by any clear statement made to the Seller.

    12. The form for making a complaint can be found in electronic form on the Website (DOCX, PDF). The Seller will send the Buyer a written confirmation of receipt of the withdrawal form.

  8. Rights from defective performance, complaints procedure

    1. In the event that the Buyer, who is a Consumer, notices a defect in the Goods within one year of receipt, it is considered that the item was already defective upon receipt. The consumer can complain about a defect that appears on the item within two years of receipt, unless the nature of the item or the defect precludes this. This period does not run for the period during which the buyer cannot use the item, if he has justly complained about the defect.

    2. When buying a used thing, the parties can shorten the period according to § 2165 of the Civil Code up to one year.

    3. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular OZ and Act No. 634/1992 Coll., on consumer protection).

    4. The Consumer may exercise the right from defective performance with the Seller without undue delay after the defects have been discovered, but no later than two years after taking over the Goods. In the case of a buyer who is not a Consumer, it is possible to exercise the right from defective performance without undue delay after the defects have been discovered, but within one year at the latest. The Buyer then hands over the goods to the Seller, or stores them according to his instructions, or disposes of them in another appropriate manner so that the defect can be examined.

    5. If the thing has a defect, the Buyer, who is a Consumer, can request its removal. According to his choice, the Buyer can demand the delivery of a new item without a defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other.

    6. The seller can refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the importance of the defect and the value that the item would have without the defect.

    7. The Buyer, who is a Consumer, is entitled to a reasonable discount or withdrawal from the Contract (and thus a refund) if:

      1. The seller refuses to remove the defect or does not remove it,

      2. the defect manifests itself repeatedly,

      3. the defect is a material breach of the Contract,

      4. it is apparent from the statement or from the circumstances that the defect will not be remedied within a reasonable time or without considerable difficulty for the Buyer.

    8. The defect can be blamed on the Seller from whom the item was purchased. However, if another person who is at the Seller's location or at a location closer to the Buyer is designated for the repair, the Buyer will point out the defect to the person designated to carry out the repair.

    9. The Buyer shall inform the Seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed by the Buyer without the consent of the Seller; this does not apply if the Buyer requested the repair of a defect that turns out to be irreparable.

    10. The Seller issues a written confirmation to the Consumer when the complaint is made, stating the date the Consumer made the complaint, what it contains, what method of handling the complaint the consumer requires and the Consumer's contact details for the purpose of providing information on the handling of the complaint. This obligation also applies to other persons designated to carry out the repair.

    11. The Seller will issue the Consumer with a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.

    12. The complaint, including the removal of the defect, must be processed and the Consumer must be informed about it no later than 30 days from the date of the complaint, unless the parties agree on a longer period. After this period has expired in vain, the Consumer may withdraw from the Agreement or request a reasonable discount.

    13. The Seller is responsible to the Buyer, who is a Consumer, that the item has no defects upon receipt. In particular, the Seller responds to the Buyer that the item

      1. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,

      2. is suitable for the purpose for which the Buyer requires it and to which the Seller has agreed, and

      is supplied with agreed accessories and instructions for use, including instructions for assembly or installation.

    14. The Seller is responsible to the Buyer, who is a Consumer, that in addition to the agreed properties

      1. is the item (understand the Goods) suitable for the purpose for which the thing of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,

      2. the quantity, quality and other properties of the item, including durability, functionality, compatibility and safety, correspond to the usual properties of things of the same kind that the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular by advertising or labeling,

      3. the item is delivered with accessories, including packaging, assembly instructions and other instructions for use that the Buyer can reasonably expect, and

      4. the item corresponds to the quality or design of the sample or template that the Seller provided to the Buyer before the conclusion of the Contract.

    15. The seller declares that the Goods require professional assembly and do not contain assembly instructions. The buyer acknowledges this.

    16. The Seller's liability for defective performance towards the Buyer, who is not a Consumer, is limited to a maximum amount equal to the price of the Goods that this Buyer paid for the Goods.

    17. The sums of money which the Seller has to issue to the Buyer due to defective performance, whether due to the provision of a reasonable discount or if the Buyer withdraws from the Contract, will be returned by the Seller at its own expense without undue delay, but no later than fourteen days from the date on which the Buyer applied to the Seller the relevant right from defective performance.

    18. These restrictions do not apply if the properties of the Goods, which are in conflict with the above conditions, have been expressly agreed by the Buyer and the Seller, exchanged or declared by the Seller, or can be expected due to the advertising carried out or the usual way of using the goods.

    19. Rights from defective performance do not belong to the Buyer in the event of:

      1. defects caused by improper use or storage of the Goods, non-compliance with the instructions, inappropriate maintenance,

      2. that the Buyer knew that the Goods had a defect or caused the defect himself.

    20. A defect in an item is not wear and tear of the item caused by its usual use or, in the case of a used item, wear corresponding to the extent of its previous use.

  9. Handling of complaints, resolution of consumer disputes

    1. In the event of a complaint regarding the performance of the Agreement or the activities of the Seller, contact the Seller at the e-mail address info@kmotorshop.com .

    2. Consumers can also address their complaints to supervisory and state supervision authorities, the Czech Trade Inspection or the Office for Personal Data Protection.

    3. If a consumer dispute arises between the Seller and the Buyer, who is a consumer, the Consumer has the right to an out-of-court settlement. The subject of an out-of-court settlement pursuant to Act No. 634/1992 Coll., on consumer protection, is the Czech Trade Inspection. All details on the out-of-court settlement can be found on the website of the Czech Trade Inspection www.coi.cz. The consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr

  10. Final provisions

    1. Legal relations between the Seller and the Buyer not regulated by these General Terms and Conditions are governed by the relevant provisions of the General Terms and Conditions and, in the case of a contractual relationship with a consumer, by Act No. 634/1992 Coll., on consumer protection, as amended.

    2. If any provision of these GTC is or becomes invalid or ineffective, the invalid or ineffective provision will be replaced by a provision whose meaning comes as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of the provisions of the General Terms and Conditions does not affect the validity and effectiveness of the other provisions of the General Terms and Conditions.

    3. The seller is entitled to change or cancel the GTC in cases where there is a reasonable need for their later change. In the event of a change to the General Terms and Conditions, the amended General Terms and Conditions govern relationships concluded after the effective date of the amended General Terms and Conditions.

    4. In the event that the Seller decides to change or cancel the General Terms and Conditions, the currently valid and effective wording of the General Terms and Conditions will always be published on the Website and, possibly, on other web portals of the Seller, so that all Buyers can become familiar with the current wording of the General Terms and Conditions.

    5. The Seller obtains the personal data of the Buyers on the basis of granting "Consent to the processing of personal data”. The Seller uses these personal data exclusively in connection with the pre-contractual offer, the creation of the Contract, the realization of deliveries under the Contract and the exercise of rights and obligations under the Contract in accordance with the provisions of these General Terms and Conditions. Further information on this issue is part of a separate document " Principles of Personal Data Processing ", which is available on the Website.

These GTC are effective from 1/1/2023 / ver. 2301