The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these business conditions (hereinafter referred to as the “Business Conditions”).
1.1 In these Terms and Conditions.
1.1.1 “E-shop” means a computer program – an Internet application that is available on the Internet through the Internet address jt-moto.cz, whose main functionality is the display, selection and ordering of goods by the User;
1.1.2 “Purchase contract” means a purchase contract within the meaning of the provisions of § 2079 et seq. Of the Civil Code concluded between the Operator as the seller and the User as the buyer through the E-shop;
1.1.3 “Shopping Cart” means a part of the E-shop, which is automatically generated by the activation of the relevant functions by the User within his actions in the user environment of the E-shop, especially by adding or removing the Goods and / or changing the quantity of the selected Goods;
1.1.4 “Civil Code” means Act No. 89/2012 Coll., The Civil Code, as amended;
1.1.5 “Operator” means JT-MOTO Tomáš Voves, IČ: 88030881, with place of business 28. Října 636, 258 01 Vlašim, registered office Prokopova 1591, 258 01 Vlašim;
1.1.6 “Access data” means a unique login name and the password assigned to it entered by the User into the E-shop database during Registration;
1.1.7 “Registration” means the electronic registration of the User in the E-shop database, by filling in at least the mandatory registration data in the user interface of the E-shop and the Access Data and their subsequent storage in the E-shop database;
1.1.8 “Consumer” means the User – a person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a Contract with the Operator or otherwise deals with him;
1.1.9 “User” means any legal or natural person who uses the E-shop;
1.1.10 “User Account” means the part of the E-shop that is set up for each User by the Registration (ie is unique for each User) and made available after entering the Access Data;
2 Pre-contractual information for consumers
2.1 The operator enters into contracts, their subject is the provision of services, and contracts according to which copyrighted digital content is delivered on CD/DVD, event. another carrier.
2.2 Regarding the price of the Goods and shipping costs and other fees, it applies that:
2.2.1In the case of license agreements concluded for an indefinite period, the price of the license is agreed for the entire period of licensing, unless otherwise stated.
2.2.2 The prices of the provided goods, provided services and licensed content are listed on the website including VAT, including all fees stipulated by law, however, the costs of delivery of goods or services vary according to the chosen method and transport provider and method of payment. The agreed price does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the agreed price; such costs are borne exclusively by the User.
2.2.3 In the event of withdrawal from the contract, the Consumer shall bear the costs associated with the return of the Goods, and in the case of a contract concluded by means of distance communication, the costs of returning the Goods.
2.3 In the event that the subject of the contract will be the delivery of digital content that will not be delivered on a tangible medium, the Consumer expressly agrees that this content will be delivered before the expiration of the statutory period for withdrawal from the contract.
2.4 Withdrawal from the contract applies that:
2.4.1 Pursuant to the provisions of Section 1829, Paragraph 1 of the Civil Code, the Consumer has the right to withdraw from the Purchase Agreement within 14 days of receiving the Goods. In the event that the subject of the Purchase Agreement is several types of Goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Agreement must be sent to the Operator (as the seller) within the period specified in this paragraph.
2.4.2 Withdrawal from the contract should be sent at your expense to the Operator at the address JT-MOTO Tomáš Voves, 28. Října 636, 258 01 Vlašim.
2.4.3 The Consumer is obliged to return them to the Operator without undue delay, no later than within 14 days from the date of withdrawal from the given Purchase Agreement, or to hand them over at the address of the Operator’s establishment or registered office. The deadline is considered to be maintained even if the Goods are sent to the Operator no later than the last day of the above deadline.
2.4.4 The consumer may not withdraw from the contract within the meaning of Section 1837 of the Civil Code:
a) on the provision of services, if they were fulfilled with his prior express consent before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such a case he has no right to withdraw from the contract,
b) on the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the entrepreneur and which may occur during the period for withdrawal from the contract,
c) on the supply of alcoholic beverages, which may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the entrepreneur,
d) on the supply of goods which have been adapted to the wishes of the consumer or to his person,
e) on the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery,
f) repair or maintenance carried out at a place designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the delivery of spare parts other than those requested,
g) on the delivery of goods in closed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return,
h) on the delivery of an audio or video recording or a computer program, if he has broken their original packaging,
i) on the supply of newspapers, periodicals or magazines,
j) on accommodation, transport, catering or use of free time, if the entrepreneur provides these services within the specified period,
k) concluded on the basis of a public auction in accordance with the law governing public auctions, or
l) on the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such a case he has no right to withdraw from the contract.
2.4.5 The consumer is obliged to pay a proportion of the price in the event of withdrawal from the contract, the subject of which is the provision of services and the performance of which has already begun.
2.4.6 If the Consumer withdraws from the Purchase Agreement, he is obliged to provide in writing his bank account number for the return of the purchase price for the Goods, which may be reduced, if legal reasons are met.
2.4.7 If the Consumer withdraws from the Purchase Agreement regarding the Goods, which he returns to the Operator damaged and / or worn, especially if the original markings of the Goods (ie labels, stickers, etc.) are removed, the Consumer is obliged to reimburse the Operator for the cost of restoring the Goods.
2.4.8 The form for withdrawal from the Purchase Agreement forms Annex No. 1 to these Business Conditions.
2.5 The Consumer is liable to the Operator for the reduction of the value of the Goods as a result of handling these goods in a manner other than that which is necessary to become acquainted with the nature and properties of the Goods, including its functionality.
2.6 The operator uses the possibility of out-of-court settlement of consumer complaints. In the event of a complaint, Consumers may contact the relevant employee of the Operator free of charge via the e-mail address email@example.com. You can lodge a complaint with the supervisory or state supervisory authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions stipulated by the relevant legal regulations.
3 The process of concluding the Contract
3.1 Through the E-shop, the Operator offers Users the purchase of the Goods by stating the designation of the Goods, detailed information about the properties of the Goods, prices of the Goods including value added tax and all related fees, transport costs and possibly return costs, if this cannot be returned by ordinary mail.
3.2 To order the Goods, the User adds the ordered Goods to the E-shop Shopping Cart by clicking on the “Add to Cart” button on the cart’s graphic icon or on a button with a similar meaning. He then fills in the order form, which contains in particular information about:
3.2.1 ordered Goods;
3.2.2 method of payment of the purchase price;
3.2.3 method of delivery / delivery of the ordered goods, while being informed of the costs associated with such delivery / delivery, hereinafter also referred to as the “Order”.
3.3 Before sending the Order, the User is entitled to check the Order and change its content and the data he has filled in.
3.4 The User undertakes to fill in the true and complete data in the relevant text fields in the User Account or in the Order, in particular his e-mail address, telephone number, identification data and, if applicable, delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him to be correct and complete and is not entitled to check the entered data.
3.5 The User sends the order to the Operator by clicking on the button marked “Complete order” or “Send order” or on the button with similar meaning.
3.6 Immediately after receiving the Order, the Operator will confirm this receipt to the User by e-mail to the User’s address specified in the User Account or in the Order.
3.7 The Operator is entitled to ask the User for additional confirmation of the Order.
3.8 The purchase contract between the Operator and the User is concluded by delivery of the acceptance of the Order (proposal for concluding the contract), which is sent to the User in accordance with 3.6 of these business conditions.
3.9 The user agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred in connection with the conclusion of the purchase contract are borne by the user himself, and these costs do not differ from the basic rate.
3.10 All Goods presented within the user environment of the E-shop are only informative and the Operator is not obliged to enter into an Agreement regarding these Goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
4 Purchase contract
4.1 By concluding the Purchase Agreement, the following provisions enter into force:
4.1.1 The User buys from the Operator the Goods that the User has chosen in the user environment of the E-shop by adding them to the Shopping Cart, in the quantity that the User has chosen and / or set for the given Goods in the user environment of the E-shop, and the User undertakes to pay the Operator. for the given goods the price stated for such Goods in the user environment of the E-shop.
4.1.2 The Operator has the right to withdraw from the Purchase Agreement until the moment of sending the Goods to the User, for any reason or without stating a reason. The legal action of the Operator consisting in notifying the User that he cannot deliver the Goods ordered by him is also considered a withdrawal from the Purchase Agreement.
4.1.3 The method of packaging the Goods is determined exclusively by the Operator; the provisions of § 2097 of the Civil Code are hereby excluded.
4.1.4 The User is obliged to pay the Operator the costs associated with the packaging and delivery of the goods to the User, in the amount specified in the Order in the user environment of the Portal.
4.1.5 The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and any other monetary benefits to the Operator.
4.1.6 If any of the payment methods contains information on the costs of making such a payment, the User is obliged to bear the costs of making such a payment, which are listed for the payment in the user environment of the E-shop.
4.1.7 In the case of non-cash payment by bank transfer, the user is obliged to indicate the variable symbol specified by the Operator. 4.1.8 In the case of non-cash payment, the User’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Operator’s bank account.
4.1.9 The Operator has the right to provide the User with a discount on the price of the Goods. Discounts on the price of the Goods cannot be combined with each other, unless explicitly stated otherwise.
4.1.10 The purchase price for the Goods does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are exclusively the costs of the User.
4.1.11 The Operator reserves the ownership right to the Goods, which is the subject of the Purchase Agreement, until the full payment of the purchase price for the Goods by the User.
4.1.12 The Operator undertakes to deliver the Goods to the User within a reasonable period of time from the conclusion of the Purchase Agreement. All deadlines for delivery of the Goods listed in the user interface of the E-shop are for guidance only.
4.1.13 The Operator always sends the User a tax document – invoice in electronic form, to the User’s email address entered in the given order in the User Environment of the E-shop.
4.1.14 If the Operator provides a gift to the User together with the Goods, the donation agreement between the User and the Operator is concluded with the untying condition that if the Purchase Agreement terminates (eg to withdraw from the Purchase Agreement), the donation agreement expires with the Purchase Agreement and the User is obliged to return the provided gift to the Operator together with the goods.
4.1.15 The Operator provides the User with a warranty for the Goods if the warranty period is specified for the given Goods in the user environment of the E-shop, for the period of the specified warranty period, while such warranty is valid only for the Consumer.
4.1.16 The User is entitled to exercise the right to withdraw from the contract and the right from defective performance with the Operator at the address of its Establishment. The moment when the Operator received the claimed Goods from the User is considered to be the moment of the complaint.
4.1.17 If it is stated within the user environment of the E-shop that the Goods are used, the User buys the Goods in the used condition, including the stated defects of such Goods.
4.1.18 Risk of loss, damage and / or destruction of the Goods which are the subject of the Purchase Agreement. passes to the User, who is the Consumer, at the moment of taking over the goods by the User.
4.1.19 The risk of loss, damage and / or destruction of the Goods that are the subject of the Contract passes to the User, who is not a Consumer, at the moment of taking over the goods by the User.
5 User account
5.1 The User has the right to establish a User Account by Registration.
5.2 The User is obliged to enter the Access Data before entering the User Account.
5.3 The identification data of the User entered during Registration are considered to be the data entered when ordering each Goods that the User makes after logging in to his User Account..
5.4 The User may not provide Access Data or any other access to the User Account to third parties. The user is obliged to take all reasonable measures to keep them confidential. The User is fully responsible for the unauthorized use of these access data or the User Account and for the damage thus caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the User is obliged to notify the Operator immediately. The Operator shall provide the User with new access data within a reasonable period of time.
5.5 In the case of User Registration, the conditions of the provisions of § 1752 paragraph 1 of the Civil Code are met and the Operator is entitled to unilaterally change these Business Conditions; the change will be notified to the User via the E-shop and / or by an e-mail message to the User’s e-mail address entered in the E-shop database. The User has the right to reject the change of the Business Conditions within 5 working days from the first login to the User Account after notification of the change of the Business Conditions (if delivery via E-shop) or from the delivery of the given e-mail message to the User’s e-mail box (if delivered by e-mail) and the obligation to terminate for this reason within 5 working days, which the parties agree to be sufficient to procure similar services from another supplier.
6 Complaints Procedure
6.1 The Operator is responsible to the Consumer that the Goods are free from defects upon receipt.
6.2 If the Goods contain defects, the Consumer has the right to request the delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the Goods, the Consumer may only request replacement of the part; if this is not possible, he has the right to withdraw from the Purchase Agreement.
6.3 The Consumer has the right to deliver new Goods or replace parts even in the event of a remediable defect, if he cannot use the Goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.
6.4 If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to deliver new Goods without defects or to replace its components or to repair the Goods, he may request a reasonable discount. The Consumer is entitled to a reasonable discount even if the Operator is unable to deliver new Goods without defects, replace its part or repair the Goods, as well as if the Operator does not remedy it within a reasonable time or if arranging remediation would cause the Consumer difficulties.
6.5 The right to defective performance does not belong to the Consumer if the Consumer knew before taking over the Goods that the Goods were defective, or if the Consumer himself caused the defect.
6.6 The Operator’s liability for defects in the Goods does not apply to wear and tear of the Goods caused by its normal use, for Goods sold at a lower purchase price for a defect for which a lower purchase price was agreed, for used Goods for a defect corresponding to the degree of use or wear the Goods had when taken over by the Consumer. , or if it follows from the nature of the Goods.
6.7 If a warranty is provided for the Goods, the Consumer has the right to claim liability for defective performance during the warranty period.
6.8 At the request of the Consumer, the Operator is obliged to provide the Consumer with a guarantee certificate. If the nature of the Goods allows it, it is sufficient to issue the Consumer a proof of purchase of the Goods instead of the warranty card, which contains data that must contain data such as the warranty card. The guarantee certificate must contain the name and surname, name or business name, ID number and registered office of the Operator.
6.9 In the event that the Consumer exercises his right to eliminate defects of the Goods by repairing the Goods, for which the purpose of warranty repairs is an entrepreneur different from the Operator, whose registered office or place of business is in the same place as in the case of the Operator or in a place closer to the Consumer. The consumer has the right to warranty repair at this entrepreneur.
6.10 Complaints about the Goods, including the elimination of defects in the Goods, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Operator and the Consumer agree on a longer period. After this period, the Consumer has the same rights as if it were a material breach of the Contract.
6.11 The period for settling a complaint is stopped if the Operator has not received all the documents necessary for settling the complaint, until the documents are delivered.
6.12 The Operator or the entity designated by it shall, after the proper settlement of the given complaint, invite the Consumer to take over the repaired Goods.
6.13 The right to exercise rights from defects of the Goods expires in case of unprofessional assembly or unprofessional commissioning of the Goods, as well as in unprofessional handling, ie especially when using the Goods in conditions that do not correspond to the parameters specified in the documentation for the Goods.
7 Protection of personal data
7.1 The operator is obliged by law to protect and secure the personal data provided. The operator therefore uses various effective security technologies to protect personal data from unauthorized disclosure or use.
8 Using the E-shop
8.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Business Conditions.
8.2 The Operator has the right to change the E-shop, ie its technical solution and / or user interface.
8.3 The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time strictly necessary for reasons of maintenance or repair of the E-shop or other reasons on the part of the Operator or a third party.
8.4 The user is obliged to comply with valid and effective legal regulations of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate all damages that would thus be incurred by the Operator or third parties in full.
8.5 In the event of a breach of these Business Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account.
9 Operator ‘s declaration
9.1 Provozovatel prohlašuje, že záznamy údajů v E-shopu, jakožto elektronickém systému, jsou spolehlivé a jsou prováděny systematicky a posloupně a jsou chráněny proti změnám.
9.2 Due to a technical error in the E-shop, the purchase price of the Goods may be displayed, the amount of which does not roughly correspond to the usual price for such Goods on the market; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price, contacts the User and informs the actual purchase price of the Goods and the User has the right to decide whether to accept the Goods at the actual purchase price, and if not at the beginning.
9.3 The User acknowledges that the photos of the Goods in the E-shop may be illustrative or may have a distorting effect due to their conversion into the User’s technical means, therefore the User is always obliged to get acquainted with the full description of the Goods and contact the Operator in case of doubt. .
9.4 The contact details of the Operator for communication with the User are listed in the user interface of the E-shop in the Contacts section.
10 Take-back of electrical appliances
10.1 With regard to the obligation imposed on the Operator by the provisions of Section 38 of Act No. 185/2001 Coll., The Waste Act and on Amendments to Certain Other Acts, as amended, the Operator hereby informs the User that it allows Users to return old appliances for disposal to the Operator at JT-MOTO Tomáš Voves, 28. Října 636, 258 01 Vlašim.
11 Electronic sales records
11.1 According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer and at the same time he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
11.2 The User will receive an invoice containing mandatory data and a receipt pursuant to Act No. 112/2016 Coll., On the registration of sales, in the form of a link to download these documents or as an e-mail attachment. The buyer agrees to this.
11.3 More information is available on the following websites: http://www.etrzby.cz/cs/zakladni-informace-pro-zakazniky.
12 Applicable law
12.1 These Business Terms and Conditions, as well as the Purchase Agreement, are governed by the laws of the Czech Republic, in particular the Civil Code.
13.1 These Business Terms and Conditions enter into force on 01.01.2021
Attachment Nr.1 – Withdrawal form from the Purchase Agreement