The General Terms
I. Introductory Provisions
- The General Terms (the “GT”) regulate the rights and obligations of the parties to the purchase agreement entered into between the company Klasik Moto a.s., with its registered office at Prague, U Šalamounky 41/769, Id.No.: 25735781, Tax Id. No.: CZ25735781, registered in the Commercial Register administered by the Municipal Court in Prague, File No. B 5781, e-mail: firstname.lastname@example.org, hereinafter the “Seller” on one hand and a natural person or a legal entity, hereinafter the “Buyer“ on the other hand.
- The Buyer is a natural person or legal entity who orders the goods offered by the Seller. A natural person who concludes an agreement or otherwise deals with an entrepreneur outside its business activities or outside the independent conduct of its employment is a consumer. Legal relations between the Seller and the consumer which are not expressly regulated by these GT shall be governed by the respective provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended, and by related regulations. If the Buyer indicates his Id. No. or Tax Id. No. in his order, it applies that he/she is an entrepreneur and the purchase agreement pertains to his/her business, unless he/she expressly stated the contrary.
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II. Conclusion of the Purchase Agreement
- The Seller offers goods published on the Seller´s website at https://eshop.h-d.prague115.com for sale.
- The Buyer orders goods
- through an e-shop order application at the specified Internet address by selecting the offered goods and adding it to basket, acquainting himself/herself with the information for consumers (Section 1811(2), Section 1820(1) and Section 1826 of the Civil Code), acquainting himself/herself acquainted with the general
terms and approving of them, filling in the order form, indicating therein his/her personal data, confirming the identification of the ordered goods including their quantity, selecting the mode of delivery of the goods and the purchase price payment and sending the order. The order is a proposal for the conclusion of a purchase agreement and by sending the order, the Buyer confirm he has been acquainted with these GT and approves thereof. The Seller shall confirm the order receipt without delay.
The Purchase Agreement comes into existence when the Seller confirms the order and the order confirmation is delivered to the Buyer. For delivery purposes the Buyer shall state his/her working email address he/she is entitled to use in the order form.
When concluding an Agreement through an online e-shop application, the Seller shall email the Buyer the Purchase Agreement including GT as a text file with the order confirmation. In the event the Purchase Agreement is concluded by phone, the Agreement, including GT, will be emailed as a text file to the contact email of the Buyer he/she provided when making the order by phone.
III. Purchase Price
- By order confirmation, the Seller undertakes to deliver the ordered goods at the purchase price indicated in the order.
- The Buyer pays the purchase price by online payment by payment card in advance via the payment gate.
- Until the full payment and take-over, the goods remain the Seller´s property, however, the risk of damage to the goods is transferred to the Buyer upon take-over of the goods.
IV. Terms of Delivery
- The Seller shall deliver the goods of the nature of digital content (such as electronic tickets, electronic vouchers etc.) by sending a unique QR code containing data required for the implementation of services provided based on the ordered digital content, at the latest within the particular number of business days specified for the offer of the goods from the date of the purchase price payment. The goods are delivered upon the delivery of the corresponding QR code by an e-mail to the e-mail address indicated by the Buyer. The Buyer declares that prior to the sending of the order, he/she was informed by the Seller that he/she may not withdraw from the agreement, the subject of which is the delivery of the digital content (Section 1837(l) of the Civil Code) or which pertains to the use of leisure time (Section 1837(j) of the Civil Code).
- The Seller shall deliver the goods of a material nature at Výstaviště Holešovice, Výstaviště 67, 170 90 Praha 7, Prague from 5 to 8 August 2018 in the event of the “115th Anniversary of Harley – Davidson“ where the Buyer undertakes to take over the goods.
- Upon the take-over of the goods, the Buyer shall check the package of the goods and then the goods. By the signature of document on take-over of the goods, the Buyer confirms he/she has taken over the goods without any visible defects. The Buyer may reject the taking over of the consignment which is not in compliance with the purchase agreement (the consignment is damaged, incomplete etc.).
- The Seller does not request any fee for the delivery of the goods pursuant to Art. 4.2 and Art. 4.3.
V. Liability for Defects
- The Seller shall be liable for defects in the goods upon delivery.
- A defective performance mainly refers to the following cases • The Seller provides a subject of performance which does not display the determined or agreed features; • The Seller does not provide notification of the defects which the subject of performance has, even though they are not usually inherent to the subject; • The Seller assures the creditor inconsistently with the real situation that the subject of performance is free from any defects, or that the item is fit for a certain use; • The Seller alienates a third-party´s item illegally as his/her own; or • The Seller fails to hand over the subject of purchase in the agreed quantity, quality and make, and if the quantity and make are agreed, in the quantity and make suitable for the purpose apparent from the agreement; otherwise for the usual purpose.
- If a defective performance represents a material breach of the agreement, the Buyer has the right
- to the removal of the defect by delivery of a new item free from defects, or by the delivery of a missing item;
- to the removal of the defect by the repair of the item;
- to a reasonable discount from the purchase price; or
- to withdraw from the agreement.
- If a defective performance represents a non-material breach of the agreement, the Buyer has the right for defect removal, or for a reasonable discount from the purchase price.
- The Buyer does not have any rights from defective performance if before taking over the item, the Buyer knew that the item had a defect, or if the Buyer caused the defect himself/herself.
- If a defect becomes apparent within six months from take-over, the item is deemed to have been defective already at its take-over. The Buyer may exercise the right from a defect which occurs with consumer goods within twenty-four months from its take-over.
- The Buyer has the right to notify the Seller of defects and lay claims from defects with the Seller. The Seller shall rebuke visible defects (defects in quantity or the type of goods) immediately after the take-over of the goods via e-mail at email@example.com. In the event of the damage of the goods package, the Buyer may reject taking over the consignment and shall notify the Seller immediately thereof. The Buyer shall notify the Seller of other defects without undue delay after they are found.
- Together with the application of claims or immediately after it, the Buyer shall deliver the goods to the Seller to settle the complaint, unless the parties agree otherwise, by means of personal hand-over of the goods at the Seller´s premises, or by sending the goods to the Seller. During the transport of the claimed goods to the Seller, the Buyer shall ensure the prevention of the goods from damage and the compensation of losses, if any.
- If the Buyer exercises the right from defective performance, the Seller shall confirm to the Buyer in writing when he/she exercised the right, together with the procedure and period of complaint settlement.
- The Seller may settle the complaint in accordance with the applicable laws.
VII. Withdrawal from the Agreement
- The Buyer, who is a consumer (see Art. 1.2.), is entitled to withdraw from the Purchase Agreement within 14 days unless stipulated otherwise hereinafter. The period for withdrawal commences from the take-over of the goods, and in the case of an agreement with several types of goods or the delivery of several parts as its subject, from the date of take-over of the last consignment of the goods; in the case of an agreement with the regular repeated delivery of goods as its subject, from the date of delivery of the first consignment of the goods, if the agreement was concluded remotely (via remote communication means) or outside the Seller´s business premises. For the purposes of the exercise of the right for withdrawal from the agreement, the Buyer must inform the Seller about his/her withdrawal from the agreement in writing, at the address of the Seller´s registered office or his e-mail address. For the purposes of withdrawal, the Buyer may use the form attached to these GT.
- In the case of the withdrawal from the agreement, the Buyer shall bear the direct costs related to the return of the goods.
- If the Buyer withdraws from the agreement, the Buyer shall hand over the goods to the Seller without undue delay, at the latest within fourteen days from the withdrawal from the agreement. Returning the delivered goods after withdrawal from the agreement, the Buyer shall return the goods in a condition and value in which he/she took the goods over, including the original package, if possible.
- If the Buyer withdraws from the agreement under paragraph 7.1, the Seller shall return to him/her all money it received from the Buyer under the agreement, at the latest within fourteen days from the withdrawal from the agreement. The Seller, however, is not bound to return such received money before the consumer hands over the goods to the Seller or proves that he/she sent the goods properly, in accordance with the provisions of these GT. The Buyer agrees that the purchase price is returned to the bank account from which it was transferred on the Seller´s account, if the Buyer paid the purchase price by wire transfer, unless the Buyer indicates a different bank account for the return of the purchase price in the notice of withdrawal from the Agreement. In other cases, the Buyer agrees that the purchase price will be returned by a postal receipt at the address of the Buyer´s place of residence, or registered office indicated in the order. In the case of personal take-over of the goods by the Seller, the Seller may also return the purchase price in cash and the Buyer shall confirm the take-over of cash to the Seller.
- A consumer may not withdraw from the agreement if the goods are modified upon his/her request or for him/her, and in other cases, as provided by the Civil Code.
VIII. Special provisions for ticket sales
- These provisions stipulate the rights and obligations of the contractual parties regarding sales of tickets to social, sports or cultural events (hereinafter referred to as ‘events’), or sales of other products or services directly associated with such an event organised by Klasik Moto, a.s.,registered office in Prague, U Šalamounky 41/769, ID No.: 25735781, Tax ID No.: CZ25735781,registered in the Commercial Register managed by the Municipal Court in Prague, File Ref. B 5781, mail:firstname.lastname@example.org, hereinafter ‘Seller’ as one party and natural or legal person hereinafter referred to as ‘Buyer’ as the other party.
- A ticket is a proof of the conclusion of an Agreement between the Seller and the Buyer, the subject of which is the right of the Buyer to participate in a specific event organised by the Seller.
- The Seller provides tickets to events electronically upon the purchase made by electronic means or in print through direct sales. The ticket may be provided as part of a package containing, in addition to the ticket entitling to participate in the event, other special rights regarding the event and its topic. If the Buyer discloses any personal data to the Seller as part of the ticket purchase or exercising the right to enter, by doing so the Buyer gives consent to process the data within the meaning of Art. VIII of the General Terms of the Seller.
- After purchasing a ticket or a package containing a ticket to an event outside the commercial premises of the Seller, the Buyer is prohibited to withdraw from the Agreement according to the provision of Section 1829 of the Civil Code (within 14 days), as the Agreement concluded between the parties concerns leisure time utilisation the performance of which is ensured by the Seller during a specific period of time within the meaning of the provision of Section 1837 Letter j) of the civil Code.
- After using the ticket to enter the event, the Buyer is obligated to adhere to the rules stipulated by the event organiser. The event organiser is entitled to order a participant to leave, without any entitlement to claim entrance fee refund, if such participant’s conduct causes risk of damage to health and property, grossly violates instructions of the organiser, disturbs the event, or by any other conduct violates good morals.
The Seller, as an organiser, reserves the right to amend and modify the programme, to make short-term shifts of individual parts of the event, or cancel the entire event. The Buyer can exercise the right to claim refund of the entrance fee only if the entire event is cancelled. The most up to date information on the specific event is published on the Seller’s website stated on the ticket.
With regards to any other rights and obligations of the contractual parties concerning ticket sales not explicitly stated in this Article, other provisions of these T&Cs apply.
IX. Personal Data Protections
- By sending the order, the Buyer expressly approves of the processing of any and all personal data indicated by him/her in the order. The Buyer agrees that his/her personal data are used for the implementation and performance of the agreement, including the disclosure to third parties required for the purposes of delivery of the goods and the collection of the purchase price. The Buyer also agrees with the use and processing of personal data for the Seller´s marketing purposes, namely sending advertising offers, commercial communications etc. The Seller represents that all personal data are collected, processed and kept in accordance with Act No. 101/2000 Coll., on Personal Data Protection.
X. Out-of-court Dispute Resolution
- Disputes between the Seller and Buyer may be resolved out-of-court. A buyer who is a consumer may contact an organization for the out-of-court resolution of disputes which is for example the Czech Business Inspection or use the ODR platform for on-line resolution of disputes at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=CS.
XI. Final Provisions
- These GT shall be valid and effective as of 1 June 2017.
- The Agreement has been made in the Czech language and shall be governed by Czech Law.
- The Buyer acknowledges he/she was able to study these GT in detail prior to sending his/her order, he/she understands the contents thereof and on the General Terms hereof, he/she orders the goods by sending his/her order and shall be fully bound by these GT after the origination of the purchase agreement.
Attachment: Withdrawal from the Agreement Form
Prague, 1 June 2017
Withdrawal from the Agreement Form
(fill-in this form and return only in the case you intend to withdraw from the Agreement)
Withdrawal from the Agreement Form
Klasik Moto a.s., with its registered office in Prague, U Šalamounky 41/769, Id. No.: 25735781, Tax Id. No.: CZ25735781, registered in the Commercial Register administered by the Municipal Court in Prague, File No. B5781, e-mail: email@example.com.
I/we* hereby inform that I/we* withdraw from the agreement on the purchase of these goods*/on the provision of these services*
Order date*/receipt date*
Consumer´s/consumers´* name(s) and surname(s)