Terms and Conditions
INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions of Business of the company GOODPED, s.r.o., with registered office at Pod Hřištěm 93, Zaječice, 251 67 Pyšely, identification number: 09607731, registered in the Commercial Register maintained by the Municipal Court in Prague, file number C 338879 (hereinafter referred to as the “Seller”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on the website located at www.mopedix.cz (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “Shop Web Interface”).
1.2 The Terms and Conditions do not apply if the person intending to purchase goods from the Seller is a legal person or a person acting in the course of his business or profession when ordering goods.
1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Commercial Terms.
1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
USER ACCOUNT
2.1 Based on the Buyer’s registration on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as “user account”). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.
2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3 Access to the user account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
2.4 The Buyer is not entitled to allow third parties to use the user account.
2.5 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 12 months or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
CONCLUSION OF THE PURCHASE CONTRACT
3.1 The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.
3.2 The web interface of the shop also contains information on the costs associated with the packaging and delivery of goods. The information on the costs associated with packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic. In the case where the Seller offers free delivery of the goods, the right to free delivery of the goods on the part of the Buyer is conditional upon payment of the minimum total purchase price of the goods to be delivered in the amount specified in the web interface of the shop. In the event that the Purchaser partially withdraws from the Purchase Agreement and the total purchase price of the goods for which the Purchaser has not withdrawn from the Purchase Agreement does not reach the minimum amount required for the right to free transport of the goods under the preceding sentence, the Purchaser’s right to free transport of the goods shall cease and the Purchaser shall be obliged to pay the Seller for the transport of the goods.
3.3 To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:
3.3.1 ordered goods (ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),
3.3.2 the method of payment of the purchase price of the goods,
3.3.3 details of the required method of delivery of the ordered goods and
3.3.4 information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).
3.4 Prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer’s ability to detect and correct errors made when entering data into the order. The Buyer sends the order to the Seller by clicking on the “Send Order” button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as the “Buyer’s e-mail address”).
3.5 The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional order confirmation (for example, in writing or by telephone).
3.6 The contractual relationship between the Seller and the Buyer is established by delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address.
3.7 The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.
3.8 Prices quoted on www.mopedix.cz do not include postage.
PAYMENT
4.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:
- in cash or by card on delivery at the place specified by the buyer in the order;
- cashless via PayPal payment system;
- cashless by credit card.
4.2 Discount codes. If the Customer has a valid discount code or gift voucher code, the Customer shall enter the code in the appropriate field on the web form to submit the order. Individual discounts cannot be combined. Discount coupons do not apply to discounted packages and discounted products. The Seller reserves the right to modify or cancel discount coupons or loyalty discounts without giving any reason.
4.3 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.4 The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.5), to demand payment of the full purchase price before the goods are shipped to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.5 If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax. The tax document – invoice – shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer’s electronic address.
WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 The Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, and in the event that the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence.
5.2 Withdrawal from the Purchase Contract may be sent by the Buyer to the Seller’s electronic mail address: info@mopedix.com.
5.3 In the event of withdrawal from the Purchase Contract pursuant to Article 5.1 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. GOODPED, s.r.o., Pod Hřištěm 93, Zaječice, 251 67 Pyšely. The buyer is entitled to a refund of the transport costs. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
5.4 In the event of exercising the right of withdrawal within 14 days of receipt of the performance, the Buyer shall hand over to the Seller everything he has received under the Purchase Contract. If this is no longer possible (e.g. the goods have been destroyed or consumed in the meantime), the buyer must provide monetary compensation in return for what can no longer be delivered. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation from the Buyer for the damage caused to him.
5.5 If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift ceases to be effective and the buyer is obliged to return the gift together with the goods to the seller.
TRANSPORT AND DELIVERY OF GOODS
6.1 If the method of transport is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.
6.3 If for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
6.4 The ordered goods will be delivered as soon as possible by post or other carrier, depending on their availability and operational possibilities of the Seller, usually within 3 working days from the binding confirmation of the order, but no later than 7 working days. The Buyer is informed by e-mail that the Seller has forwarded the shipment to the chosen carrier for dispatch.
6.5 In the event that the ordered goods are not in stock for a long period of time or cannot be delivered to the carrier within the agreed period of time, the seller has the right to withdraw from the purchase contract (binding order). If part or all of the order has been paid, the money will be refunded to the buyer’s account within 14 days of mutual agreement.
6.6 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event that the packaging is found to have been tampered with, the Buyer may not accept the shipment from the carrier.
6.7 The Seller recommends that the Buyer inspect the contents of the shipment immediately upon receipt from the carrier. Any discrepancies (damaged goods, missing goods or incorrectly sent items) must be reported by the Buyer to the Seller immediately.
6.8 Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.
RIGHTS FROM DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the contracting parties with respect to rights arising from defective performance shall be governed by the applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:
7.2.1 the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2 the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,
7.2.3 the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern,
7.2.4 the goods are in the appropriate quantity, measure or weight; and
7.2.5 the goods comply with the legal requirements.
7.3 Any consumer rights cannot be exercised in respect of gifts that are provided free of charge. Such goods shall comply with the terms of the Gift Agreement and all standards under applicable Czech legislation.
7.4 If the Buyer exercises the right based on § 2173 of the Civil Code on the basis of a defective performance, the Seller shall confirm to the Buyer in writing when the Buyer exercised the right, as well as the repair and the duration of the repair. The Seller shall inform the Buyer of the settlement of the claim by telephone or in writing (see the Complaints Procedure for details).
OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
8.2 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 00020869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Purchase Contract.
FINAL PROVISIONS
9.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.
9.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments to the contract of sale or the terms and conditions shall be in writing.
9.3 The cost of using remote means of communication (telephone, internet, etc.) to place an order is at the normal rate, depending on the tariff of the telecommunication services used by the buyer. These costs are borne by the buyer.
9.4 The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
9.5 The Czech Trade Inspection Authority (ČOI – www.coi.cz) is the subject of out-of-court settlement of consumer disputes. The online dispute resolution platform is located at http://ec.europa.eu/consumers/odr.
9.6 Contact details of the Seller: delivery address: GOODPED, s.r.o., Pod Hřištěm 93, Zaječice, 251 67 Pyšely, Czech Republic; e-mail address: info@mopedix.com; telephone: +420602617498.
10. In case of any discrepancies or contradictions in the English version of this document, the Czech version shall prevail.
