GENERAL BUSINESS TERMS

WildMotors Agency s.r.o.,

Company ID:03566951, seated at

Cimburkova 321/25, 130 00, Prague 3

1. PREAMBLE

These general business terms (hereinafter GBT) apply to purchases in the internet shop www.wildmotors.cz, operated by WildMotors Agency s.r.o., Company ID: 03566951, seated at Cimburkova 321/25, 130 00, Prague 3, registered in the Register of Companies maintained by the Municipal Court in Prague, Section C, insert 234005. These GBT regulate the relationship between the Purchaser and the Seller in the field of sale of goods between Wildmotors Agency s.r.o., Company ID: 03566951, seated at Cimburkova 321/25, 130 00, Prague 3, registered in the Register of Companies maintained by the Municipal Court in Prague, Section C, insert 234005 (hereinafter “the Seller”) and its business partners (hereinafter “the Purchaser”).

All contractual relationships are concluded in compliance with the legal order of the Czech Republic. By filing the order, the Purchaser confirms that he has read these business terms that include the Complaints Code as an integral part and that he agrees with them. The Purchaser was sufficiently informed about these business terms before executing the order and has the opportunity to read them.

2. DEFINITIONS

1. Seller

The seller is (the company) WildMotors Agency s.r.o., Company ID: 03566951, seated at Cimburkova 321/25, 130 00, Prague 3, registered in the Register of Companies maintained by the Municipal Court in Prague, Section C, insert 234005.

2. Purchaser

The Purchaser is the consumer or an entrepreneur.  Consumer is a physical person who, concluding and fulfilling the Purchase Contract with the Seller, does not act in its business or other entrepreneur activity or as part of an individual performance of his occupation. The consumer provides the Seller only with his contact data while initiating business relationship necessary for problem free processing of the order, or data that are to be stated on purchase documents.

Legal relationships between the Seller and the consumer that are not expressly regulated by these GBT are subject to relevant provisions of Act No. 89/2012 Coll., Civil Code and Act on Consumer Protection, as amended and related regulations.

Entrepreneur is:

person registered in the Register of Companies (predominantly business company),
person conducting business based on trade license (licensee registered in the trade license register),
person conducting business based on different entitlement according to special regulations (including for instance free professions such as advocacy, etc.),
a and person operating agricultural production registered in the registry according to a special regulation.

Legal relationship between the Seller and the Purchaser who is an entrepreneur not expressly regulated by these GBT or by a Contract between the Seller and the Purchaser are subject to the relevant provisions of Act No. 90/2012 Coll., Commercial Code, as amended, and related regulations.
Individual contract between the Seller and the Purchaser prevails the business terms.

3. Consumer Contract

Purchase Contract, Contract for Work, or different contracts pursuant to Civil Code, if the parties are the consumer on one side and supplier, i.e. the Seller on the other.

3. PROCESSING OF PERSONAL DATA

All processing of personal data of the Purchaser is subject to Act No. 101/2000 Sb., on Protection of Personal Data, as amended, and other legal regulations valid in the territory of the Czech Republic. By his free decision (by pushing the “I cormfirm my order” button) order.JPG, the Purchaser agrees that he is aware of the above stated facts and agrees with processing of his personal data for the purposes of business activity of the operator of this e-shop.

Provision of personal data is voluntary, you have the right to access the data and you are entitled to the protection of rights in the scope stated by the law. This consent can be revoked any time in writing. Personal data shall be fully secured against abuse. The data shall be saved and not shared with third party applications.

By providing the stated personal data and clicking the confirming icon, the Purchaser voluntarily agrees that the data provided in the scope he filled them in or that were acquired based on a concluded Purchase Contract or as part of browsing on the website of the Provider shall be processed by the Seller stated in the Preamble of these terms, as an administrator in order to offer services and products of the administrator, to send information about the activities of the administrator also through electronic means (in particular e-mail, SMS, telemarketing) pursuant to Act No. 480/2004 Coll., for the period until revocation of this consent (for instance by sending any message to: info@wildmotors.cz). The administrator may authorize third party as a processor to process the above stated personal data.

Herein, the administrator informs the subject of the data and provides him with express information about the rights ensuing from Act No. 101/2000 Coll., on Protection of Personal Data, i.e. in particular the fact that providing the administrator with personal data is voluntary and that the subject is entitled to aces them, to revoke the above-stated consent at any time in writing at the address of the administrator and has the right, if his rights are breached, to approach the Office for Personal Data Protection and request corresponding amendment, which is for instance refraining from such activity by the administrator, removal of the current status, providing an apology, executing correction or completion, blocking of personal data destruction, paying monetary reimbursement, as well as other rights ensuing from paragraphs 11 and 21 of the Act. If the Purchaser wants to correct personal data processed by the Operator or Seller about him, he can ask him to do so at info@wildmotors.cz or at the above stated mailing address of the Operator or the Seller.

4. ORDER AND CONTRACT CONCLUSION

The Purchaser is entitled to send an order to the Seller only through the order system of the e-shop. The proposal to conclude a Purchase Contract is placing of the offered goods at the website by the Seller, and the Purchase Contract is created upon sending of the order by the Purchaser and receiving it by the Seller. This receipt shall be immediately confirmed by the Seller to the Purchaser by an informative e-mail sent to the stated e-mail address, however, this confirmation does not affect creation of the Contract. The created Contract (including the agreed price) can be amended or canceled only based on an agreement between the parties or based on legal reasons.
These GBT are in Czech and the Purchase Contract can also be concluded in Czech. Purchaser with a permanent address in a member state of the European Union but outside the territory of the Czech Republic, or who is a citizen of a member state of the European Union outside the territory of the Czech Republic, agrees, by confirming the order, with the conclusion of the Purchase Contract in Czech. After conclusion of the Purchase Contract, it is impossible to find out whether errors were created during processing of the data before filing the order or to correct these errors. The concluded Purchase Contract is archived by the seller and upon request available to the Purchaser for 1 year since its conclusion.

5. PRICE AND PAYMENT

The prices stated in the e-shop are contractual, final, always updated and valid for the time the Seller states them at the e-shop. Transport costs are stated in the part “Delivery period and terms”. Costs of the use of communication tools are borne by the Seller. The final calculated price after filling out the order form includes the transport fee. The price upon conclusion of the Contract between the Seller and the Purchaser is the price stated for the goods at the time they were ordered by the Purchaser.
Tax document based on the Purchase Contract between the Seller and the Purchaser also serves as a delivery note. The Purchaser can take the goods over only after full payment, unless agreed otherwise.
If the Purchaser executes the payment and the Seller is then not able to provide the goods, the Seller shall immediately reimburse the payment to the Purchaser in an agreed way. The period for reimbursement of the payment depends on the chosen way of payment, however it must not exceed 30 days since the day this inability occurred.
The goods remain the property of the Seller until full payment of their price.

The Seller accepts the following payment terms:

Payment in advance by bank transfer

6. DELIVERY PERIOD AND TERMS

The Seller shall fulfill the delivery by handing the goods over to the Purchaser, or by handing it over to the first shipper, which also means shifting the danger of damage to the goods to the Purchaser. The availability of the product is always stated in the detail of the product. The delivery period depends on the availability of the product, payment terms and delivery terms, and is 3 days in maximum. Generally, we ship the goods within 3 business days since payment of the full purchase price. The final date of delivery is always stated in the e-mail confirming the order. The delivery does not include installation of the purchased goods.
The Purchaser will receive, along with the delivery, a tax document/invoice.
The delivery period starts for the goods to be paid for by the Purchaser upon delivery, (i.e. cash on delivery) upon valid conclusion of the Purchase Contract pursuant to Article IV. of these GBT. In case the Purchaser chose another option of payment than cash on delivery, the delivery period starts upon full payment of the purchase price, i.e. when the relevant amount is credited to the account of the Seller.

The seller accepts the following delivery terms:

-       electronic

In case of exchange of goods within 3 days since the purchase of goods by the Purchaser, the Purchaser pays the costs of shipping for each individual sending of goods to the Purchaser. If the Purchaser returns the goods to the Seller within 3 days, the costs of shipping are borne by the Purchaser.

 

7. WARRANTY AND SERVICE

For the sale of consumer goods, the warranty period is 24 months; for food, the warranty period is eight days, for feed three weeks and for animals six weeks. If the sold thing, its wrapping or instructions for use added to it include statement of the date until which it shall be used according to special legal regulations, warranty ends on the stated date.
Warranty does not apply to wear and tear of the thing caused by its common use. For things sold for decreased price, the warranty does not apply to the defects due to which the lower price was agreed upon. If these things are second-hand, the Seller is not responsible for the defects corresponding to the use or wear and tear before the thing was taken over by the Purchaser.

In accordance with the laws of the Czech Republic is not a purchaser who is an entrepreneur and goods purchased in connection with business, a warranty on goods outside the general Seller's liability for defects during its transmission. Purchaser who are entrepreneurs and buy goods in connection with its business activities, is provided warranty 12 months.
To apply warranty repairs, document of purchase (receipt, invoice, Contract of Lease) or a warranty sheet must be submitted. If the goods are sent back to the Seller, it must be wrapped for shipping in a way so that it will not be damaged during shipping.
The Seller does not provide after-warranty service for the Purchaser.

8. CLAIMS

If a defect occurs during the warranty period, the Purchaser shall be entitled, depending on the nature of the defect, applying the warranty, to the following:

in case the defect can be removed:
a.) right to proper and timely removal of defect free of charge
b.) right to replacement of the defective goods or defective part, if reasonable with regard to the nature of the defect
c.) in case neither a) nor b) can be applied, right to reasonable discount on the purchase price or withdrawal of the purchase contract.

in case the defect cannot be removed:
a.) right to the replacement of the defective goods or withdrawal of the Purchase Contract if the defect can be removed, if the Purchaser cannot, due to repeated occurrence of the defect after repair (i.e. the goods were claimed 3 times for the same defect) or for excessive number of defects use the thing duly.
a.) right to replacement of defective goods or withdrawal of the Purchase Contract 

in case of other defects that cannot be removed and if the consumer does not request replacement of the thing:
a.) right to a reasonable discount on the purchase price or withdrawal of the Purchase Contract

The goods can be claimed at the Seller at all his places of business.

Claims do not apply to the following:
- if the defect or damage occurred provably by incorrect use, breaching the instructions for use or other incorrect behavior of the Purchaser,

-provable unauthorized interference in the thing

-if the defects occurred due to common wear and tear of the goods with the stated warranty period, are claimed after the expiration of the warranty period
-defects caused by natural disasters

9. CONTRACT TERMINATION

With regard to the nature of conclusion of the Purchase Contract through distant communication, the Purchaser who is the consumer is entitled to withdraw the Contract without any sanctions within 3 days since takeover of the goods. Also, the Purchaser who is a consumer is entitled to withdraw the Contract in compliance with provision 53 paragraphs 7 and 8 of Act No. 89/2012 Coll., Civil Code, as amended. The above-stated does not apply to a Purchaser who is an entrepreneur concluding Purchase Contract in connection with his business activities. In case of the above-stated withdrawal of the Contract, the Seller will transfer the purchase price to the bank account of the Purchaser provided by the Purchaser to the Seller for this purpose.
The Seller is entitled to withdraw the Contract if the Purchaser fails to pay the full purchase price within 30 days since conclusion of the Purchase Contract.

10. FINAL PROVISIONS

The Purchaser will allow the Seller to perform his duties in connection with the Offer/Contract and will cooperate with him accordingly.
The Purchaser undertakes to pay all costs incurred by the Seller due to sending notices and costs connected with levying of potential receivables.
The Purchaser is aware that the Seller is entitled to transfer the receivables from the Contract to a third party. The Purchaser shall inform the Seller immediately about the change of his identification data, at the latest within 5 business days since the day the change occurred.
The parties undertake to apply reasonable effort to reach an amicable solution in all disputes ensuing from the Contract and/or GBT or in connection with them.
Mutual binding relationship of the contractual parties is governed by the legal order of the Czech Republic, in particular by Act No. 40/1964 Coll., Civil Code, as amended. For the purposes of contracting with international element in compliance with Article III. Direction No. 593/2008 on governing law for contractual relationships adopted by the European Parliament and European Union Council on 17th June 2008 (hereinafter “Rome I”), the parties chose the governing law for the Purchase Contract and these GBT to be the Czech law, excluding the “UN Convention on Contracts for the International Sale of Goods”. This choice does not affect Article VI of Rome I concerning consumer contracts.