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1. INTRODUCTORY PROVISIONS

These Terms and Conditions of Business (hereinafter referred to as the „Terms and Conditions of Business“) of Historic cars, s.r.o, with its registered office at Rýnská 950/11, Prague 196 00, ID No.: 28320611, CZ28320611, registered in the Commercial Register kept at the Municipal Court in Prague, Section C, File No. 244425.

  1. (hereinafter referred to as the „Seller“), govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the Parties to the Agreement arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) entered into by and between the Seller and another natural person or legal entity (hereinafter referred to as the “Purchaser”) via the Seller’s Internet shop. The Internet shop is operated by the Seller on the website at www.historic-cars.net (hereinafter referred to as the “E-Shop”), using the web interface (hereinafter referred to as the “E-Shop Web Interface”).

The provisions of the Terms and Conditions of Business are an integral part of the Purchase Agreement. The wording of the Terms and Conditions of Business may be changed or amended by the Seller.

2. USER ACCOUNT

  1. Based on the Purchaser’s registration made on the website, the Purchaser may access its user interface. The Purchaser may order goods using its user interface (hereinafter referred to as the “User Account”). The Purchaser may also order goods without registration directly from the E-Shop Web Interface.
  2. When registering on the webpage and ordering goods, the Purchaser shall be obliged to state all data correctly and truthfully. The Purchaser shall be obliged to update the data stated in the User Account in the event of any change. The data stated by the Purchaser in the User Account and when ordering goods shall be deemed correct by the Seller.

3. ENTERING INTO A PURCHASE AGREEMENT

  1. The E-Shop Web Interface contains a list of goods offered for sale by the Seller, including the prices of the individual goods offered. The offered sale of goods and the prices of such goods shall remain valid for as long as they are displayed on the E-Shop Web Interface. This provision shall not limit the Seller’s possibility to enter into a Purchase Agreement under individually agreed conditions.
  2. The E-Shop Web Interface also includes information on the costs for the packaging and delivery of the goods. The information on the costs for the packaging and delivery of the goods listed on the E-Shop Web Interface can be found in the main menu on the E-Shop homepage, or they are individually calculated and sent in the order.
  3. To order goods, the Purchaser shall complete the order form on the E-Shop Web Interface.
  4. The order form contains, in particular, information on: .the goods ordered (the ordered goods “added” by the Purchaser to the electronic shopping cart on the E-Shop Web Interface), .the method of payment of the purchase price of the goods, as well as details of the required means of delivery of the ordered goods, .information on the costs for the delivery of the goods (hereinafter collectively referred to as the “Order”).

Depending on the characteristics of the Order (quantity of goods, purchase price amount, estimated transport costs), the Seller shall always be entitled to ask the Purchaser for additional confirmation of the Order (for example, in writing or by telephone).

The contractual relationship between the Seller and the Purchaser arises upon delivery of the Order receipt confirmation (upon acceptance), which is sent by the Seller to the Purchaser via email, namely to the Purchaser’s email address.

The Purchaser acknowledges that the Seller is not obliged to enter into a Purchase Agreement, especially with persons who have previously substantially violated their obligations in relation to the Seller.

4. PRICE OF GOODS AND PAYMENT TERMS

  1. The Seller is a VAT payer. The prices are quoted inclusive of VAT.

    VAT Act, Chapter III, Section 9 (1) (a)
  2. In the event of a change in any price in the virtual shop for various reasons, the price may be changed subject to the Purchaser’s approval.
  3. The price of the goods and costs, if any, for the delivery of the goods (the transport price being calculated individually based on the Seller’s conditions) pursuant to the Purchase Agreement may be paid by the Purchaser to the Seller as follows:
      • by cashless transfer to the Seller’s account No. IBAN: CZ9520600000000001005049, BIC: CITFCZPPXXX, held at Citfin, spořitelní družstvo, Radlická 751/113E, 158 00 Prague 5 (hereinafter referred to as the “Seller’s Account”);
      • by cashless payment via the PayPal payment system ;

    PayPal payment contact info@historic-cars.cz
  4. In addition to the purchase price, the Purchaser shall be obliged to pay the Seller the costs for the packaging and delivery of the goods at the agreed amount, as well as the amount of the foreign transfer fees. Except as expressly provided otherwise, the purchase price below also means the costs for the delivery and payment of the goods.
  5. In the case of cashless payment, the Purchaser’s obligation to pay the purchase price, including all costs, shall be met at the moment when the relevant amount is credited to the Seller’s Account.
  6. After the price of the goods has been paid, the tax document (invoice) shall be issued by the Seller for the Purchaser and sent in electronic form to the Purchaser’s email address.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

  1. The Purchaser acknowledges that, pursuant to the provisions of Section 53 (8) of Act No. 40/1964 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”), it is not possible, inter alia, to withdraw from a Purchase Agreement for the delivery of goods modified according to the Purchaser’s wish, or for goods subject to rapid decay, wear and tear or obsolescence.
  2. Unless it is a case referred to in Article 5.1 or another case where the Purchase Agreement may not be withdrawn from, the Purchaser has the right to withdraw from the Purchase Agreement, in accordance with the provisions of Section 53 (7) of the Civil Code, within 14 days from takeover of goods. The notice of withdrawal from the Purchase Agreement must be delivered to the Seller within 14 days from takeover of the goods. The notice of withdrawal from the Purchase Agreement may be sent by the Purchaser, inter alia, to the Seller’s address or to the Seller’s email address info@historic-cars.cz.
  3. In the event of withdrawal from the agreement pursuant to Article 5.2 hereof, the Purchase Agreement shall be rescinded from its commencement. The goods must be returned to the Seller within 14 working days from the date on which the notice of withdrawal from the agreement was sent to the Seller. The goods must be returned to the Seller undamaged and unused and, if possible, in the original packaging.
  4. Within a period of fifteen (15) days from the date on which the goods are returned by the Purchaser in accordance with Article 5.3 hereof, the Seller shall be entitled to review the returned goods, in particular to determine whether the returned goods are damaged, worn out or partially consumed.
  5. In the event of withdrawal from the agreement pursuant to Article 5.2 hereof, the Seller shall return the performance provided by the Purchaser to the Purchaser within ten (10) days from the end of the period for review of the goods pursuant to Article 5.4 hereof, but no later than thirty (30) days from the delivery of the notice of withdrawal from the Purchase Agreement to the Purchaser, by cashless transfer to the account specified by the Purchaser. In addition, the Seller shall be entitled to return the performance provided by the Purchaser upon return of the goods by the Purchaser.
  6. The Purchaser acknowledges that if the goods he/she has returned are damaged, worn out or partially consumed, the Seller shall become entitled to claim damages incurred by the Seller from the Purchaser. The Seller shall be entitled to unilaterally offset a claim to damages incurred against the Purchaser’s claim to a refund of the purchase price.
  7. The Seller shall be entitled to withdraw from the Purchase Agreement at any time until the goods have been taken over by the Purchaser. In such a case, the Seller shall return the purchase price to the Purchaser without undue delay, by cashless transfer to the account specified by the Purchaser.
  8. What can't be returned in the warranty and post-warranty period.
    Custom goods
    Goods sold in meters, chrome moulding, sealing, U-profiles, etc.

6. TRANSPORT AND DELIVERY OF GOODS

  1. If the mode of transport is agreed based on the Purchaser’s special request, the Purchaser shall bear the risk and additional costs, if any, associated with such a mode of transport.
  2. If, pursuant to the Purchase Agreement, the Seller is obliged to deliver the goods to the place specified by the Purchaser in the Order, the Purchaser shall be obliged to take over the goods upon delivery.
  3. If, for reasons on the part of the Purchaser, it is necessary to deliver the goods repeatedly or using a mode other than that stated in the Order, the Purchaser shall be obliged to pay the costs for such repeated delivery of the goods or, as the case may be, costs for another mode of delivery.
  4. Upon takeover of the goods from the carrier, the Purchaser shall be obliged to check that the packaging of the goods is intact and, in the event of any defects, to notify the carrier without undue delay. In the event of damage to the packaging indicating unauthorised opening of the consignment, the Purchaser shall not be obliged to take over the consignment from the carrier. By signing the takeover certificate, the Purchaser confirms that the packaging of the consignment containing the goods was intact.
  5. If the Purchaser of the goods has taken over a consignment that has been visibly damaged, the Purchaser SHALL BE OBLIGED TO DRAW UP a “damage report” with the carrier.

7. LIABILITY FOR DEFECTS, WARRANTY

  1. The rights and obligations of the Parties to the Agreement regarding the Seller’s liability for defects, including the Seller’s warranty liability, shall be governed by the relevant generally binding regulations (in particular by the provisions of Section 612 et seq. of the Civil Code).
  2. The Seller shall be liable to the Purchaser for the fact that the item sold complies with the Purchase Agreement, in particular that it is free of defects.
  3. In the event that an item fails to comply with the Purchase Agreement upon takeover by the Purchaser (hereinafter referred to as “Conflict with the Purchase Agreement”), the Purchaser has the right to require the Seller to rectify the item free of charge and without undue delay to correspond to the Purchase Agreement, either by replacing or repairing the item, as required by the Purchaser; if such a procedure is not possible, the Purchaser may require a reasonable discount on the price of the item or withdraw from the agreement. This shall not apply if the Purchaser knew about the Conflict with the Purchase Agreement prior to taking over the item or if the Purchaser caused the Conflict with the Purchase Agreement. Any Conflict with the Purchase Agreement that occurs within six (6) months from the date of takeover of the item shall be deemed to be a conflict existing at the moment of its takeover unless it contradicts the nature of the item or unless the opposite is proved. The Purchaser shall be entitled to claim the right arising from the defect that occurs in consumer goods within twenty-four months from the takeover.
  4. The Purchaser’s rights arising from the Seller’s liability for defects, including the Seller’s warranty liability, shall be exercised by the Purchaser at the address of the establishment upon agreement with the Seller. The moment when the Seller received the goods complained about from the Purchaser shall be deemed to be the moment when the complaint is made.

8. REPLACEMENT OF GOODS

  1. Replacement of goods (for another size, colour, etc.) shall only be possible for unused goods that are packed in the original wrap upon agreement with the Seller. In the event of parcel shipment of the goods, the Purchaser shall pay the shipping costs.

9. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE AGREEMENT

  1. The Purchaser shall come into possession of the goods upon payment of the full purchase price of the goods.
  2. The Seller shall not be bound by any codes of conduct in relation to the Purchaser within the meaning of Section 53a (1) of the Civil Code.
  3. The Purchaser acknowledges that the Seller is not liable for any errors resulting from third-party actions affecting the website or any use of the website contrary to its purpose.

10. PROTECTING PERSONAL DATA AND SENDING COMMERCIAL COMMUNICATIONS

  1. Protection of the personal data of the Purchaser who is a natural person shall be provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
  2. The Purchaser agrees to the processing of the Purchaser’s following personal data: name and surname, address, email address and telephone number (hereinafter collectively referred to as “Personal Data”).
  3. The Purchaser agrees to the processing of personal data by the Seller, namely for the purposes of exercising the rights and obligations under the Purchase Agreement, for the purposes of maintaining the User Account, and for the purposes of sending information and commercial communications to the Purchaser.
  4. The Purchaser acknowledges that he/she is obliged to state his/her personal data (when registering, in his/her User Account, when ordering from the E-Shop Web Interface) correctly and truthfully, and that he/she is obliged to inform the Seller of any change in his/her personal data without undue delay.
  5. Personal data shall be processed for an indefinite period of time. Personal data shall be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
  6. The Purchaser confirms that the personal data provided is accurate and that he/she has been advised that the provision of personal data is voluntary.

11. FINAL PROVISIONS

  1. If a relationship established by the Purchase Agreement contains an international (foreign) element, the Parties to the Agreement agree that the relationship is governed by Czech law.
  2. By choosing law under this article of the Terms and Conditions of Business, the consumer is not deprived of the protection provided by the provisions of the legal system which may not be departed from in contracts and which would otherwise be used in the absence of choice of law, in accordance with the provisions of Article 6 (1) of Regulation (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).
  3. If any provision of the Terms and Conditions of Business is or becomes invalid or ineffective, such an invalid provision shall be replaced by a provision the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
  4. The Purchase Agreement, including the Terms and Conditions of Business, shall be archived by the Seller in electronic form.
  5. Annexed to the Terms and Conditions of Business is a form template for withdrawal from the Purchase Agreement.
  6. Seller’s contact details: Historic cars, s.r.o, Mořice 183, 798 28 Mořice (delivery address), info@historic-cars.cz, +420 774 751 375.
In Prague on 27 November 2018
Annex to the Terms and Conditions of Business: a form template for withdrawal from the agreement (please fill in this form and send it back only if you wish to withdraw from the agreement)

Notice of withdrawal from the agreement 

- Addressee (enter your name and surname / business name, registered office address and, as the case may be, fax number and email address of the entrepreneur)

- I/We (*) hereby declare that I/we (*) hereby withdraw from the agreement to purchase these goods (*) / for the provision of these services (*)

- Date of order (*) / date of receipt (*)

- Consumer’s/Consumers’ name and surname

- Consumer’s/Consumers’ address

- Consumer’s/Consumers’ signature (only if this form is sent in paper form)

- Date (*) Delete as appropriate or complete data.