1. INTRODUCTORY PROVISIONS
These General Terms and Conditions (hereinafter referred to as "GTC" or "Terms and Conditions") govern the mutual rights and obligations between ŠKODA AUTO a.s., with its registered office at tř. Václava Klementa 869, Mladá Boleslav II, 293 01 Mladá Boleslav, ID no: 00177041, registered in the Commercial Register, conducted by the Municipal court in Prague, Section B, number 332 (hereinafter referred to as „ŠKODA AUTO“ or „Seller“) and the Customer in connection with the use of the ŠKODA E-shop, available at http://eshop.skoda-auto.cz (hereinafter referred to as „e-shop“) and in particular in connection with sale or offering of products in this e-shop.
Contact details of the Seller:
ŠKODA AUTO a.s.
with its registered office at tř. Václava Klementa 869, Mladá Boleslav II, 293 01 Mladá Boleslav, delivery no: 29360
tel. no: 800 600 000.
The customer is a visitor to the website at http://eshop.skoda-auto.cz (hereinafter referred to as "Customer").
A consumer means any person who, outside the scope of his business or outside the framework of the independent pursuit of his profession, enters into a contract with the Seller or otherwise negotiates with him.
An entrepreneur means a person who by himself performs, on his own account and responsibility a profitable activity in a trade or similar manner, with the intention to do so consistently for the purpose of making a profit. If the Customer mentions his identification number in the order, he acknowledges that he is subject to the General
Terms and Conditions for entrepreneurs.
A dealer is the contractual partner of ŠKODA AUTO (hereinafter referred to as "Dealer").
These Terms and Conditions are published at eshop.skoda-auto.cz and thus their archiving and reproduction by the Customer is enabled. The Customer will also receive a copy of the GTC as an attachment to the order confirmation, sent to the specified e-mail address.
Rights and obligations between ŠKODA AUTO and the Customer are governed by the law of the Czech Republic, except for conflict-of-law-rules. The application of the UN Convention on Contracts for the International Sale of Goods shall be excluded.
The purchase contract through the e-shop can be concluded in Czech and English.
The offer in the e-shop is valid until the stock is sold out.
2. PURCHASE CONTRACT
2.1 Order, its confirmation and conclusion of the purchase contract
The draft to conclude a purchase contract is the location of the offered goods by the Seller in the e-shop. The order is made by the Customer using the e-shop. Before placing the order, the Customer is allowed to review and change the input information he has placed in the order. The order is sent by the Customer to the Seller directly from the e-shop environment by electronic means. The order sent this way is a valid and binding purchase contract draft, if it contains all the requirements requested in the order form.
By submitting the order, the Customer also confirms that he has familiarized himself with these Terms and Conditions prior to the conclusion of the contract and that he agrees with them in the version valid and effective at the moment of creating the order. The provisions of the GTC become an integral part of the purchase contract.
The Seller confirms the acceptance of the order sent by Customer to the Customer's e-mail address.
The Seller has the right to refuse an order, especially in the following cases:
(a) The Customer has not bought or properly paid the goods in the past;
(b) the product can no longer be supplied or replaced by another model, or if its price has changed significantly and the Customer does not accept this before the actual creation of the purchase contract. The Seller informs the Customer about this fact;
(c) if the order contains more than 4 pieces of at least one discounted item and at the same time the Customer applies the discount code;
(d) orders with more than one applied discount code or products with a unit price of less than 1,- CZK;
(e) the product is shown at the e-hop with the wrong price, i.e. the price of the product is lower than normally offered and it is not a discount action.
The contractual relationship between the Customer and the Seller arises by confirming the order sent by the Seller to the Customer by e-mail to the address of his e-mail. The purchase contract is not archived by the Seller after its conclusion and therefore it is not accessible. The contract in question may be amended or cancelled only by agreement of the contracting parties or on the basis of legal reasons. The Customer can correct errors incurred during entering data before placing the order using the Infoline 800 600 000 or by e-mail email@example.com.
2.2 Rights and obligations arising out of the purchase contract
According to the purchase contract, the customer is obliged primarily to buy the ordered products and pay the purchase price, including the shipping fee, if it is charged and to fulfil the other obligations listed below. According to the purchase contract, the Seller is obliged, in particular, to deliver the ordered products and to fulfil the other obligations listed below.
(a) Purchase price
The purchase price is the price indicated with the ordered products in the e-shop catalogue at the time the order is being sent by the Customer. All prices in the e-shop catalogue are given in Czech crowns (CZK), always incl. VAT.
Unless otherwise stated, the prices indicated apply to the selected type of product as described.
If the goods are delivered to the Customer by messenger service and paid for on receipt, the total payment made in cash may be rounded up to the nearest valid denomination of legal financial values in circulation.
Products requiring professional assembly can be mounted by the Dealer for the Customer. The assembly is not part of the price for the product and the assembly will be charged directly to the Customer by the Dealer according to the price list of the Dealer.
(b) Terms of delivery
The Seller undertakes to deliver only intact products and in accordance with the specifications or characteristics usual for the type of goods, complying with the given standards, regulations and directives in force in the Territory of the Czech Republic and at the same time properly equipped with Czech operating instructions, warranty certificates, lists of warranty and post-warranty service centers, if this is usual for the type of products in question. The Seller is obliged to fulfil his obligations properly, in a timely manner and with due diligence, he is also obliged to protect, within the framework of his or her or her possibilities, the rights and legitimate interests of the Customer in a reasonable manner.
The Seller usually delivers the products to the Customer within 5 working days after conclusion of the purchase contract.
The place where the products are delivered is the delivery address indicated by the Customer in the order form or the Dealer's address listed therein. The Seller does not make reservations of products. In the case of the payment condition “payment in advance", the products are shipped only after the purchase price for the products incl. shipping fee for postage and packing, if charged, has been credited to the Seller's account.
(c) The Seller delivers the products according to the choice of the Customer:
(i) using the parcel delivery service DPD CZ (former Geis Parcel CZ s.r.o.) ID: 63077051, registered in the Commercial Register conducted by the Regional Court in Pilsen, Section C, number 9503;
(ii) in cases of oversized deliveries using the parcel delivery service Geis CZ, ID: 44567359, registered in the Commercial Register conducted by the Regional Court in Pilsen, Section C, number 14475;
(iii) via the Czech Post (Česká pošta, s.p., ID no: 47114983, registered in the Commercial register of the Municipal Court in Prague Section B, number 7565), or
(iv) by delivery to a selected Dealer (service partner) of ŠKODA AUTO, which the Customer has chosen in the List of Dealers when creating the order.
(d) Payment terms
One of the following payment methods can be chosen for payment (payment methods may vary depending on the mode of transport you choose):
(i) payment on receipt (cash on delivery);
(ii) payment in advance using the standard bank transfer;
(iii) payment online by credit card;
(iv) payment on-line by direct transfer (so-called payment button). In case of payment to a bank account, the Customer is obliged to pay the appropriate amount to the account indicated on the invoice or otherwise communicated by the Seller in the e-shop. The amount is considered as paid to the Seller at the time of crediting the relevant amount to his bank account.
(e) Taking over the goods
The Customer is obliged to take over the products from the carrier/Dealer properly, check the integrity of the packaging, the amount of the packages and, in the event of defects, notify the carrier/Dealer about this fact immediately. In case of finding a violation or damage, we recommend that the Customer should refuse the shipment in his own interest. By signing the delivery note/invoice without reservation, the Customer confirms that the consignment met all the conditions and requirements mentioned above and a later complaint concerning the intactness of the packaging will not be taken into account.
The ownership of the products passes to the Customer by complete payment of the purchase price and the receipt of the products.
(f) Withdrawal from the contract by the Seller
The Seller is entitled to withdraw from the contract if:
(i) the products from the time from the conclusion of the purchase contract for the products until the time of crediting the purchase price for the products incl. shipping fee for postage and packing will be sold out;
(ii) the Customer fails to fulfil his obligation to pick up the products or pay the purchase price for the products, including shipping fee;
(iii) the Customer otherwise substantially violates his obligations under or in connection with the purchase contract.
(g) Withdrawal from the purchase contract by the Customer who is the consumer, without giving reasons
The Customer – the consumer has the right to withdraw from the contract without giving a reason no later than 14 days from the date he received the products. In order to comply with the withdrawal period, it is sufficient to send withdrawal note before the relevant period expires.
The Customer - the consumer - is obliged to deliver the withdrawal from the contract to the Seller by e-mail to firstname.lastname@example.org or by a registered letter to ŠKODA AUTO, a. s., E-SHOP, tř. Václava Klementa 869, 293 01 Mladá Boleslav or through a dealer of ŠKODA AUTO according to customer's choice (dealer must be partner of the e-shop). The withdrawal form is available for download HERE.
In the event of a withdrawal from the contract, the Customer / consumer is obliged to send the products without undue delay - no later than 14 days from the date on which the withdrawal was made - back to the ŠKODA AUTO Dealer to the address according to Customer's choice (the dealer must be an e-shop partner) or he has to send them at his own expense to ŠKODA AUTO, a. s., E-SHOP, tř. Václava Klementa 869, 293 01 Mladá Boleslav.
The Customer – the consumer is obliged to return products to the Seller, which is undamaged, has no signs of use or wear, preferably in the original packaging. Returned goods, which will be sent back by the Customer – by the consumer with cash on delivery, will not be taken over by the Seller.
The Seller will return the payment after having received the returned goods only. All payments received by Seller from the Customer – the consumer will be refunded, including delivery costs (except additional costs incurred in the result of the mode of delivery chosen by the Customer, which is different from the cheapest method of delivery for standard delivery offered by the Seller).
The seller is entitled to deduct from the refunded amount a proportionate part of the purchase price corresponding to the decrease in value of the product.
Costs in connection with the return of goods are borne by the Customer.
The Customer - consumer uses the same payment method for refunding he had used to execute the initial transaction, unless the two parties have agreed otherwise. The Customer is obliged to provide the account number for refunding, including the code and state of the bank.
The ŠKODA AUTO dealer is a partner who mediates the product return and performs a basic control of the quantity and quality of the products being subject to returning. ŠKODA AUTO as the Seller has the right to make the final decision on recognition/non-recognition of withdrawal from the contract.
The customer/consumer is not entitled to withdraw from the contract in the cases specified in the Czech Civil Code, in particular he cannot withdraw from the contract:
(i) on provision of services if they have been provided completely;
(ii) on delivery of goods manufactured according to the requirements of the Customer / consumer or adapted to his personal needs;
(iii) on delivery of goods in sealed packaging which, for health or hygiene reasons, are not suitable for return after the consumer has opened it;
(iv) on delivery of digital content that is not delivered on a tangible medium after performance has begun.
(h) Rights arising from a defective performance
The Seller shall be liable that the goods are free from defects upon receipt by the Customer. In particular, that the goods correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics, that they are suitable for the purpose for which the Customer requires them and to which the Seller has agreed, and that they are delivered with the agreed accessories and instructions for use, including instructions for assembly or installation.
If ŠKODA AUTO´s defective performance infringes the purchase contract insignificantly, the Customer has the right to 1) have eliminated the defect or 2) a reasonable discount on the purchase price; if the defect of the product cannot be eliminated without undue delay, the Customer may request the delivery of a new product without defects, unless this is inappropriate due to the nature of the defect (for a component of the product only this component);
If the Seller does not correct the defect in a timely manner or refuses to correct the defect, the Customer may withdraw from the contract. The Customer cannot change the choice made without the consent of ŠKODA AUTO.
If the seller infringes the purchase contract substantially, the Customer has the right to:
(i) rectify the defect by supplying new goods or supplying the missing one/s;
(ii) its repair;
(iii) discount on the purchase price; or
(iv) withdrawal from the Purchase Contract under the condition, that together with the notification of the defect or without undue delay thereafter, the Customer must inform the Seller which right he has chosen; the choice cannot be changed without the Seller's consent.
The Customer / consumer has the right to demand a reasonable discount or withdrawal from the contract if:
(i) The seller refused or failed to remove the defect;
(ii) if the defect occurs repeatedly;
(iii) the defect is a substantial violation of the contract, or
(iv) it is evident from the Seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Customer.
The customer/consumer may complain about a defect in the goods that becomes apparent within two years after receipt. If the object of purchase is an item with digital properties and if a digital content or digital content service is to be provided continuously for a certain period of time according to the contract, the Customer/consumer may complain about a defect that occurs in the digital content within two years after receipt. If the performance is to be carried out for a period longer than two years, the Customer/consumer has the right arising from a defect that occurs or manifests itself during this period.
The Customer - entrepreneur is obliged to notify and complain the defect without undue delay after he could have discovered it, but no later than within three days after receipt of the goods.
(i) Settlement of complaints The customer is obliged to inspect the goods immediately after delivery and inform the Seller about any defects detected without undue delay. If the Customer finds any apparent difference or discrepancy between the purchase contract or the data on the delivery note and the goods actually delivered (for example, in type or quantity) or if he does not receive a properly completed invoice with the delivery, he is obliged to inform the Seller of this after taking over the delivery without undue delay.
When claiming, the Customer is obliged to proceed as follows:
(i) if it is a supply claim (e.g. difference in quantity between the products ordered and the amount delivered), the Customer may claim the supply at the ŠKODA AUTO dealer, at whom he picked up the products or using the Infoline 800 600 000 (operation time 24/7), e-mail: email@example.com;
(ii) in the case of a claim of functional defects of the products, the Customer may claim the goods at the ŠKODA AUTO dealer at whom he picked up the products, or at a Dealer of Customer´s choice (the dealer must be e-shop partner ) or he can send the products with the completed Complaint Sheet (download HERE) to the address ŠKODA AUTO, a. s., E-SHOP, Tř. Václava Klementa 869, 293 01, Mladá Boleslav;
(iii) The customer shall submit together with the consignment the delivery note and invoice.
The ŠKODA AUTO dealer is the partner who mediates the complaint of goods and performs the basic control of the quantity and quality of the products. ŠKODA AUTO has the right to a final decision on recognition/non-recognition of the complaint.
The complaint will be settled as soon as possible. In the case of the Customer – consumer, it will be settled no later than 30 days from the complaint date, unless the Seller agrees with the Customer otherwise. In the case of a Customer – entrepreneur, the complaint will be settled without undue delay.
3. INFORMATION OBLIGATION ON OUT-OF-COURT SETTLEMENT INCASE OF CONSUMER DISPUTES
The entity for out-of-court consumer dispute resolution (ADR - Alternative Dispute Resolution) between the Customer, which is the consumer, and ŠKODA AUTO is the Czech Trade Inspection Authority. A request to initiate ADR proceedings may be submitted via the web form at the internet address https://adr.coi.cz/cs, by mail, or in person at an ADR contact point: Česká obchodní inspekce, Ústřední inspektorát - oddělení ADR, Štěpánská 15, 120 00 Praha 2, email: firstname.lastname@example.org
4. PERSONAL DATA PROTECTION
Customer's personal data included in orders or bookings is considered confidential information and is protected against misuse.
Personal data will be processed by ŠKODA AUTO and, where applicable, by the Dealer from whom the Customer takes over the products, in the function as controllers of personal data or entities contractually authorized by the controller to process personal data for the purpose of performing the contract with the Customer and for the purpose of offering ŠKODA products and services, of detecting customer satisfaction, as well as for the purpose of disseminating commercial communications in line with Act No. 480/2004 Coll., on certain information society services, as amended, until his written disagreement with this processing will be issued.
The customer has further rights in detail specified in the European Data Protection Regulation no. 2016/679. You can find their list HERE. The provision of personal data by the Customer is voluntary. If the Customer does not wish to receive information about offers concerning business and services, he communicates this fact to ŠKODA AUTO on the infoline tel. 800 600 000 or by e-mail: email@example.com.
5. BINDINGNESS OF THE TERMS AND CONDITIONS
For the relationship between ŠKODA AUTO and the Customer, the wording of the Terms and Conditions being effective at the date the order has been made by the Customer is decisive.
These Terms and Conditions take effect 1st of January 2023.