Terms and Conditions

These general terms and conditions (hereinafter referred to as the "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").

Gas - Parts s.r.o.

Company ID (IČ): 29850941

VAT ID (DIČ): CZ29850941

Registered office: 5. května 1905, Chotěboř 58301

registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 57282

Contact details:

gas-parts@gas-parts.com

602 220 237

gas-parts.com (hereinafter referred to as the "Seller")

These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as the "buyer"), through the web interface available at the internet address ..... (hereinafter referred to as the "online store").

The provisions of these terms and conditions form an integral part of the purchase contract. Any differing arrangements in the purchase contract take precedence over these terms and conditions.

These terms and conditions and the purchase contract are concluded in the Czech language.

Information about goods, including prices of individual products and their main characteristics, is provided for each product in the online store catalog. Product prices are stated including value-added tax, all related fees, and the costs of returning goods where such goods cannot be returned by ordinary mail due to their nature. Prices remain valid for as long as they are displayed in the online store. This provision does not exclude concluding a purchase contract under individually agreed conditions.

All presentation of goods in the online store catalog is for informational purposes only, and the seller is not obliged to conclude a purchase contract for such goods.

The online store publishes information on costs related to packaging and delivery of goods. The information on packaging and delivery costs provided in the online store applies only when goods are delivered within the territory of the Czech Republic.

Any discounts on the purchase price of goods cannot be combined unless agreed otherwise by the seller and the buyer.

The buyer bears costs incurred when using distance communication means in connection with negotiating the purchase contract (internet connection costs, telephone call costs). These costs do not differ from the basic rate.

The buyer may express interest in goods through the contact form on the seller's website or by phone.

Submitting a contact form or making a phone inquiry does not constitute a binding order or conclusion of a purchase contract.

Based on the buyer's inquiry, the seller will provide information about product availability, price, delivery method, shipping costs, and other sales conditions.

The purchase contract is concluded only at the moment the buyer accepts the seller's offer and the seller confirms such acceptance.

If there is a change in price, availability, or other conditions, the seller is entitled to send the buyer a revised offer. Such an offer is considered a new proposal to conclude a purchase contract.

Until the purchase contract is concluded, either party may terminate negotiations without penalties.

The seller reserves the right to refuse conclusion of a purchase contract, particularly in case of an obvious technical error, incorrect product information, or another similar circumstance.

The buyer may pay the price of goods and any costs related to delivery under the purchase contract using the following methods:

• by non-cash transfer to the seller's bank account no. ....., held with .....
• by non-cash payment card
• by non-cash transfer to the seller's account via payment gateway ....,
• cash on delivery upon handover of goods,
• in cash or by card upon personal collection at the premises
• in cash or by card upon personal collection at the parcel pickup point ......

Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the term purchase price also includes delivery costs.

In case of cash payment, the purchase price is due upon receipt of goods. In case of non-cash payment, the purchase price is due within .... days from conclusion of the purchase contract.

When paying via a payment gateway, the buyer follows instructions of the relevant electronic payment provider.

In case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.

The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before shipment is not a deposit.

Under the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register received payments with the tax administrator online, or in case of technical outage no later than within 48 hours.

Goods are delivered to the buyer:

• to the address specified by the buyer in the order
• via a pickup point to the pickup address selected by the buyer,
• by personal collection at the seller's premises

The delivery method is selected during the ordering process.

Costs of delivery depending on shipping and receipt method are stated in the buyer's order and in the seller's order confirmation. If a transport method is agreed based on the buyer's special request, the buyer bears risk and any additional costs associated with that transport method.

If the seller is obliged under the purchase contract to deliver goods to a place designated by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If, for reasons on the buyer's side, goods must be delivered repeatedly or in a manner other than stated in the order, the buyer is obliged to pay costs associated with repeated delivery or with an alternative delivery method.

Upon receipt of goods from the carrier, the buyer is obliged to check integrity of product packaging and immediately report any defects to the carrier. If package damage indicating unauthorized intrusion into the shipment is found, the buyer does not have to accept the shipment.

The seller will issue a tax document - invoice - to the buyer. The tax document is sent to the buyer's email address.

The tax document is enclosed with the delivered goods.

The buyer acquires ownership of goods by paying the full purchase price including delivery costs, but no earlier than upon receipt of goods. Liability for accidental destruction, damage, or loss of goods passes to the buyer at the moment of receipt, or at the moment the buyer was obliged to receive the goods but failed to do so in breach of the purchase contract.

A buyer who concluded a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.

The withdrawal period is 14 days

• from the date of receipt of goods,
• from the date of receipt of the last delivery, if the contract concerns several types of goods or delivery of several parts
• from the date of receipt of the first delivery, if the contract concerns regular recurring delivery of goods.

Among other cases, the buyer cannot withdraw from the purchase contract for:

• provision of services if fulfilled with the buyer's prior explicit consent before expiry of the withdrawal period and if the seller informed the buyer before conclusion that in such case the right of withdrawal does not apply,
• delivery of goods or services whose price depends on financial market fluctuations beyond the seller's control that may occur during the withdrawal period,
• delivery of alcoholic beverages that may be delivered only after thirty days and whose price depends on financial market fluctuations beyond the seller's control,
• delivery of goods customized according to the buyer's wishes or for their person,
• delivery of goods subject to rapid deterioration, as well as goods irreversibly mixed with other goods after delivery,
• delivery of goods in sealed packaging that the buyer removed from the package and cannot be returned for hygiene reasons,
• delivery of audio or video recordings or computer software if their original packaging was broken,
• delivery of newspapers, periodicals, or magazines,
• delivery of digital content not supplied on a tangible medium, if supplied with the buyer's prior explicit consent before expiry of the withdrawal period and if the seller informed the buyer before conclusion that in such case the right of withdrawal does not apply,
• other cases listed in Section 1837 of the Civil Code.

To meet the withdrawal deadline, the buyer must send a withdrawal notice within the withdrawal period.

To withdraw from the purchase contract, the buyer may use the model withdrawal form provided by the seller. The buyer sends withdrawal from the purchase contract to the seller's email or delivery address specified in these terms and conditions. The seller shall confirm receipt of the form to the buyer without undue delay.

A buyer who has withdrawn from the contract is obliged to return goods to the seller within 14 days from withdrawal. The buyer bears costs associated with returning goods to the seller, including where goods cannot be returned by ordinary post due to their nature.

If the buyer withdraws from the contract, the seller shall return all funds received from the buyer, including delivery costs, without undue delay and no later than 14 days from withdrawal, using the same payment method. The seller may return funds by another method only if the buyer agrees and no additional costs are incurred.

If the buyer selected a delivery method other than the cheapest one offered by the seller, the seller will reimburse delivery costs only up to the amount of the cheapest offered delivery method.

If the buyer withdraws from the purchase contract, the seller is not obliged to return received funds before the buyer hands over the goods or proves that goods have been sent back.

The buyer must return goods to the seller undamaged, unworn, and clean, and if possible in original packaging. The seller is entitled to unilaterally offset compensation for damage to goods against the buyer's claim for refund of the purchase price.

The seller is entitled to withdraw from the purchase contract due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier has discontinued production or import of goods. The seller shall inform the buyer without undue delay via the email address provided in the order and return within 14 days from notice of withdrawal all funds received under the contract, including delivery costs, using the same method or a method designated by the buyer.

The seller is liable to the buyer that goods are free of defects upon receipt. In particular, the seller is liable that at the time the buyer received the goods:

• the goods have characteristics agreed by the parties, and if no agreement exists, characteristics described by the seller or manufacturer or expected by the buyer with regard to the nature of goods and related advertising,
• the goods are fit for the purpose stated by the seller or for which goods of that kind are usually used,
• the quality or design corresponds to the agreed sample or template where quality or design was determined according to such sample or template,
• the goods are in corresponding quantity, measure, or weight, and
• the goods comply with legal requirements.

If a defect appears within six months of the buyer receiving goods, it is presumed that goods were defective already upon receipt. The buyer is entitled to claim rights from defects occurring in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price for a defect for which lower price was agreed, to wear and tear caused by ordinary use, to used goods for defects corresponding to usage or wear at receipt, or where implied by the nature of goods.

In case of a defect, the buyer may submit a complaint to the seller and request:

• replacement with new goods,
• repair of goods,
• a reasonable discount from the purchase price,
• withdrawal from the contract.

The buyer has the right to withdraw from the contract,

• if goods have a substantial defect,
• if the item cannot be properly used due to repeated occurrence of a defect or defects after repair,
• in case of a larger number of defects in goods.

The seller is obliged to accept complaints at any establishment where complaint acceptance is possible, or at registered office or place of business. The seller is obliged to issue written confirmation to the buyer stating when rights were exercised, what the complaint contains, and what method of handling is requested, as well as confirmation of complaint settlement date and method, including confirmation of performed repair and its duration, or written reasons for complaint rejection.

The seller or an authorized employee decides on the complaint immediately, in complex cases within three business days. This period excludes time reasonably necessary for expert assessment of defect based on product or service type. The complaint, including defect removal, must be settled without undue delay and no later than 30 days from complaint submission, unless a longer period is agreed with the buyer. Expiry of this period is considered a material breach of contract and the buyer has the right to withdraw. The moment of complaint submission is the moment when the buyer's declaration of intent reaches the seller.

The seller informs the buyer in writing about the complaint outcome.

The buyer is not entitled to rights from defective performance if the buyer knew before receipt that the item had a defect, or if the buyer caused the defect.

In case of a justified complaint, the buyer has the right to reimbursement of reasonably incurred costs related to complaint assertion. The buyer may claim this right with the seller within one month after the warranty period ends.

The buyer chooses the complaint method.

Rights and obligations of contracting parties regarding rights from defective performance are governed by Sections 1914-1925, 2099-2117, and 2161-2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.

Further rights and obligations related to seller liability for defects are governed by the seller's complaint procedure.

Contracting parties may deliver all written correspondence to each other by electronic mail.

The buyer delivers correspondence to the seller's email address specified in these terms and conditions. The seller delivers correspondence to the buyer's email address specified in the buyer's customer account or order.

For out-of-court settlement of consumer disputes arising from a purchase contract, the competent authority is the Czech Trade Inspection Authority, registered office Stepanaska 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used for resolving disputes between seller and buyer under a purchase contract.

European Consumer Centre Czech Republic, with registered office at Stepanaska 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.

The seller is authorized to sell goods on the basis of a trade license. Trade supervision is carried out by the competent trade licensing office within its jurisdiction. Within the defined scope, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on Consumer Protection.

All arrangements between the seller and the buyer are governed by the law of the Czech Republic. If a relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

All rights to the seller's website, in particular copyrights to content, including page layout, photos, videos, graphics, trademarks, logo, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without seller consent.

The seller is not liable for errors resulting from third-party interference with the online store or from use contrary to intended purpose. When using the online store, the buyer must not use procedures that could negatively affect operation and must not perform any activity that could allow unauthorized interference with or unauthorized use of software equipment or other components of the online store, or use the online store or its parts in a manner contrary to intended purpose.

The buyer hereby assumes the risk of changed circumstances within the meaning of Section 1765(2) of the Civil Code.

The purchase contract including these terms and conditions is archived by the seller in electronic form and is not accessible.

The seller may amend or supplement these terms and conditions. This provision does not affect rights and obligations arising during effectiveness of previous versions of the terms and conditions.

An annex to these terms and conditions is a model contract withdrawal form.