1. INTRODUCTORY PROVISIONSThese General Terms and Conditions („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: 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 the sale of products or the offer of products in such an e-shop.
The customer is a visitor to the website at e-shop.skoda-auto.cz (hereinafter referred to as "Customer").
The customer is a consumer or entrepreneur.
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 an entrepreneur or otherwise negotiates with him.
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 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.
Rights and obligations between ŠKODA AUTO and the Customer are governed by the law of the Czech Republic, with the exception of 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 CONTRACT2.1 Order, its confirmation and conclusion of the purchase contract
A draft to conclude a purchase contract is the placement of offered goods/products by the Seller to 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 become familiar with these Terms and Conditions and that he agrees with them.
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 on the info line 800 600 000 or by e-mail firstname.lastname@example.org.
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 of sending the order 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.
Products requiring professional assembly can be mounted by the Dealer for the Customer. The assembly is not part of the product price and the assembly will be charged directly to the Customer by the Dealer according to the price list of the Dealer.
If the goods are delivered to the Customer via a mail order service and paid at the time of receipt, the total payment made in cash may be rounded up by always rounding the total amount to the nearest valid nominal value of legal money in circulation.
(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 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 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 (before Geis Parcel CZ s.r.o.), ID: 63077051, registered in the Commercial Register conducted by the Regional Court in Pilsen, Section C, number 950
(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) using the Czech Post (Česká pošta, s.p.), ID 47114983, registered in the Commercial Register conducted by the Municipal Court in Prague, Section A, number 7565)
(iv) by delivery to a selected Dealer (service partner) of ŠKODA AUTO, which the Customer has chosen in the List of Dealers (Dealer list) when creating the order.
(d) Payment terms
One of the payment methods can be chosen for payment (payment methods may vary depending on the mode of transport chosen):
(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/products
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 Customer´s reservation, the Customer confirms that the consignment met all the conditions and requirements mentioned above and a later complaint concerning the intactness/integrity of the consignment package 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 beginning with the conclusion of the purchase contract on 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 - 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 the withdrawal note before the relevant period expires.
The Customer - consumer - is obliged to deliver the withdrawal from the contract to the Seller by e-mail to email@example.com or by a registered letter to ŠKODA AUTO, a. s., E-SHOP, tř. Václava Klementa 869, 293 01 Mladá Boleslav or through the ŠKODA AUTO dealer according to customer's choice (Dealer list). The withdrawal form is available for download HERE.
In the event of the 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 taken - to the ŠKODA AUTO dealer at the address according to customer's choice (Dealer list) or he has to send them at his own expense to ŠKODA AUTO, a. s., E-SHOP, tř. Václava Klementa 869, 29301 Mladá Boleslav.
The Customer – consumer - is obliged to return products to the Seller, which are undamaged, have no signs of use or wear, preferably in the original packaging. Returned goods, which are sent back by the Customer – consumer - with the condition 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 – 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.
The Customer pays the cost for returning the products.
The Customer - consumer - uses the same payment method for refunding he has 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 Civil Code, in particular he is not allowed to withdraw from the contract for the supply of products, which have been modified according to the customer´s - consumer´s - wishes or for his person.
(h) Rights arising from a defective performance
If ŠKODA AUTO´s defective performance is infringing the purchase contract insignificantly only, 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 new products 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 he 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 products or supplying the missing one/s;
(ii) its/their repair;
(iii) discount on the purchase price; or
(iv) withdrawal from the purchase contract,
and together with the notification of the defect or without undue delay, the Customer must then disclose what right he has chosen. He cannot change the choice without the Seller's consent.
(i) Settling of complaints
The customer is obliged to inspect the products immediately after delivery and inform the Seller of 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 products 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 fact after having taken over the delivery without undue delay.
When claiming, the Customer is obliged to proceed as follows:
(i) in the case of 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 info line 800 600 000 (operation time 24/7), e-mail: firstname.lastname@example.org;
(ii) in the case of a claim of functional products defects, the Customer may claim the products at the ŠKODA AUTO dealer at whom he picked up the products, or at a Dealer of Customer´s choice (must be an 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 bring together with the consignment the delivery note and invoice.
The ŠKODA AUTO dealer is the partner who mediates the complaint of products 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 product complaint.
The complaint will be settled as soon as possible. In the case of a Customer as 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 the Customer as entrepreneur, the complaint will be settled without undue delay.
3. INFORMATION OBLIGATION ON OUT-OF-COURT SETTLEMENT IN CASE OF CONSUMER DISPUTESThe 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. An application to initiate ADR proceedings can be submitted via the web form at https://www.coi.cz/informace-o-adr/, by classical mail or you can submit an application in person at the ADR contact point: Česká obchodní inspekce, Ústřední inspektorát - oddělení ADR, Štěpánská 15, 120 00 Praha 2, Email: email@example.com.
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 other rights specified in the European Data Protection Regulation number 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 will communicate this fact to ŠKODA AUTO on the info line tel. 800 600 000 or by e-mail: firstname.lastname@example.org.
5. BINDING CHARACTER OF THE TERMS AND CONDITIONSFor 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 18.02.2020