BUSINESS TERMS AND CONDITIONS
These Business Terms and Conditions apply to purchases in the eshops www.rotomotor.cz. The Conditions describe in detail the rights and duties of the Seller and the Buyer.
Name: ROTOmotor s.r.o.
Registered office: Zbečník 259, 549 31 Hronov, Czech Republic
Company Reg. No.: 25279874. Registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, File 12538
Contact address: ROTOmotor s.r.o., Zbecnik 259, 549 31 Hronov.
The Seller undertakes to respond to written or electronic correspondence from the Buyer without undue delay, but no later than within five business days.
The information about the goods and prices as given by the Seller are binding, except in the case of an obvious mistake. The prices are quoted including all taxes (such as VAT) and fees, excluding transportation costs. Information on the accepted methods of payment (the Seller does not charge any fees depending on the payment method, with the exception of COD):
advance payment - by credit card
advance payment - by bank transfer
advance payment - by PayPal
COD (cash on delivery) - only deliveries in the Czech Republic (cash is accepted from the customer by the carrier)
Any confirmation of the content of a contract that was concluded in another form than in writing, containing differences from the actually agreed content of the contract, will not be legally effective.
The images displayed at the eshop websites correspond to the sold goods, but they may differ in the colour or size of a product, or in another detail which does not affect the product function.
The Seller will deliver complete goods to the Buyer no later than within 7 business days from the order confirmation, unless a different delivery period is specified for particular goods. If "in stock" is indicated with the goods, the Seller will send the goods within five business days. The Buyer is obligated to accept and pay for the goods. We advise the Buyer to check the goods on delivery or as soon as possible. The documents to the goods, predominantly the invoice and certificates, will be sent by the Seller to the Buyer together with the goods. At the Buyer's request, the Seller will confirm in writing what is the scope and period of Seller's obligations in the case of defective delivery, and how the Buyer can exercise his rights.
ORDER CANCELLATION AND CONTRACT TERMINATION
The Buyer can terminate the contract within 14 days from receipt of the goods or the last part of delivery, without regard to the way of goods acceptance and method of payment.
If the Buyer terminates the contract, he has to send or hand the goods back to the Seller within a period of 14 days. The Buyer does not have to specify the reason for which he terminates the contract. To facilitate communication, it is good to specify the date of purchase or order number in the notice of termination, or of the sales receipt, bank details and chosen method of sending the goods back.
If the price of the goods is refunded by bank transfer, it is free of charge. A fee as per the list of rates of Česká pošta is charged for a postal money order.
The Seller must refund the full price of the goods to the Buyer within 14 days from receipt of the goods returned, using the same method as used for the payment of the goods by the Buyer. Goods should be returned (COD should not be used) to the Seller complete, in the original package, and should not contain any signs of wear or damage. The costs of goods transportation back to the Seller will be borne by the Buyer.
If a customer chose and then received goods that are not suitable for him, the Seller will send new suitable goods to the Buyer, if possible. In such cases, the postage as per the list of rates and a difference in the price of the new goods, if any, will only be charged.
If any returned goods are damaged, because the Buyer breached his obligations, the Seller is entitled to claim compensation for decreasing the value of the goods and set it off against the refund.
RIGHTS AND DUTIES IN THE CASE OF DEFECTIVE DELIVERY
QUALITY ON DELIVERY
If any goods received contain defects (for example do not have the agreed or expected properties, or are not suitable for the standard or agreed purpose, or are not complete, or a different quantity of goods was delivered, or the quality does not comply with other legal, contractual or pre-contract parameters), the Seller assumes liability for such defects.
The Buyer can claim that the Seller should eliminate the defects free of charge or a reasonable discount from the price within two years from receipt of the goods. If it is not inadequate with respect to the nature of a defect (particularly if a defect cannot be eliminated without undue delay), the Buyer can claim delivery of a new product free of defects, or a new part of the product free of defects if only a part of the product is defective.
If a repair or replacement of the goods is not possible, the Buyer can terminate the contract and claim that the full price of the goods be refunded.
The Seller is not obligated to satisfy the Buyer's claim if it is proven that the Buyer knew that the goods were defective before their acceptance, or if the Buyer caused the defect.
LEGAL RIGHTS ARISING IN THE CASE OF DEFECTS
The Seller is liable for defects in the goods upon their acceptance for a 24-month warranty period, or for a shelf life as specified in advertisements, on the package of the goods, or in the attached instructions. Within these periods, the Buyer can make a complaint and if the discovered defect means a major breach of the contract (irrespective of whether the defect is reparable or not), the Buyer can claim:
delivery of a new product free of defect, or delivery of a missing product;
repair of defective goods free of charge;
reasonable discount from the purchase price; or
refund of the purchase price on the basis of the contract termination.
If a reparable defect occurs repeatedly after a repair (the third complaint about the same defect or the fourth complaint about different defects), or if the goods contain several defects (at least three defects simultaneously), the Buyer can exercise the right to a discount from the purchase price, to replacement of the goods, or may terminate the contract. The Seller is not liable for defects resulting from ordinary wear and tear, or from not keeping the instructions for use.
When reporting a defect, or without undue delay afterwards, the Buyer has to notify the Seller of the right he intends to exercise. The Buyer can only change his request for settling a claim without the Seller's approval if the Buyer asked for a repair of a defect which showed to be irreparable.
The Buyer has to prove that he purchased the goods (preferably by a certificate of the purchase). The period for settlement of a claim commences on the day that the goods are handed over/delivered to the Seller, or to the determined place where the goods should be repaired. For transport, the goods should be packed in a suitable package to prevent any damage, and should be clean and complete.
The Seller has to decide on the way in which a complaint should be settled within 30 days from making the complaint. The Seller will also notify the Buyer of whether an expert opinion is required within that period. Complaints, including elimination of defects, must be settled by the Seller without undue delay, no later than within 30 days from their receipt. After expiry of this period, the Buyer has the same rights as if the contract was materially breached.
Should the Seller refuse to eliminate a defect, the Buyer can claim a reasonable discount from the price, or terminate the contract.
The warranty period will be extended by a period from filing a complaint till the complaint is settled, or till the Buyer was obligated to pick up the goods. If goods or a portion thereof are replaced, the Seller's liability will apply as if new goods or a portion thereof were bought.
If it is not possible to monitor the progress of handling a complaint on-line, the Seller undertakes to notify the Buyer of whether the Buyer's complaint is settled as requested by the Buyer by e-mail or SMS.
PROTECTION OF PERSONAL DATA
The Buyer agrees that any personal data provided by him would be processed and stored by the Seller in accordance with the Personal Data Protection Act (No. 101/2000 Coll.) for the fulfilment of the subject matter of the contract. The Buyer is entitled to be informed about the nature of the data filed about him by the Seller, and to change such data, or possibly to disagree with their processing. The protection of personal data is supervised by the Office for Personal Data Protection.
The Seller undertakes not to disclose the Buyer's personal data to other third parties than to the contractual carrier so that the carrier could deliver the goods.
The Seller will allow purchases without registration, and the data of the buyers who are not registered will only be used for the fulfilment of the subject matter of the contract, not for marketing or business purposes.
The Seller is only entitled to send his promotional materials to the Buyer if the Buyer actively asks for such services, and only till the Buyer notifies the Seller that he intends to terminate such services. The Buyer can notify the Seller of such a fact at the e-mail address obtained in relation to the fulfilment of the contract, without any costs incurred by the Buyer.
Mutual disputes between the Seller and the Buyer will be resolved by ordinary courts having local jurisdiction. The fulfilment of the duties under Act. 634/1992 Coll., on Consumer Protection, as amended, is supervised by the Czech Trade Inspection Authority (www.coi.cz).
For the purposes of these Business Terms and Conditions, the Buyer means a consumer who is an individual and who in contrast to the Seller does not make a deal as part of his business or self-employment when entering into and performing the contract. For the purposes of these Business Terms and Conditions, the Seller means an entrepreneur who in contrast to the Buyer makes a deal as part of his business or self-employment when entering into and performing the contract. Any issues not detailed herein will be governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legal regulations, as amended. The contract and issues related to the contract are governed by Czech law.