General Terms and Conditions
1. Basic provisions
1.1. These General Terms and Conditions (hereinafter referred to as the " Business Terms ") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the " Civil Code ").
Truck Center Praha sro
with its registered office at Chemická 951, Kunratice, 148 00, Prague 4
company registered at the Municipal Court in Prague under sp. C 63211 (hereinafter referred to as the " Seller ")
1.2. These Terms and Conditions apply exclusively to the reservation of goods from the internet shop located at www.vanscentre.com, mainly used commercial vehicles (hereinafter referred to as " goods ").
1.3. These terms and conditions regulate mutual rights and obligations of the seller and businessman who closes the reservation contract in course of his business, (hereinafter referred to as "candidates") via a web interface located on a Web site available on the Internet at www.vanscentre.com (hereinafter the "Internet trade ").
1.4. The applicant acknowledges that the online shop is intended only for entrepreneurs and not for consumers. If the consumer is interested in purchasing the exhibited goods, they can buy them directly at the seller's premises.
1.5. The terms and conditions of the Business Terms and Conditions are an integral part of the reservation agreement, on the basis of which the purchase contract for the ordered goods is to be concluded. Distinctive arrangements in a reservation or purchase agreement take precedence over the provisions of these terms and conditions.
1.6. These Terms and Conditions and the Reservation Agreement are concluded in the language of the online store chosen by the customer.
2. Product and price information
2.1. Information on the goods, including the prices of the individual goods, their main features and the booking fee, are given for individual goods in the online store catalog. Goods prices are listed including VAT. Product prices remain valid for as long as they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually negotiated terms.
2.2. All presentations of the goods placed in the internet shop catalog are informative and the Seller is not obliged to make a reservation or purchase contract for these goods.
2.3. Due to the specific type of goods sold - it takes the purchaser to know that the goods must be taken over at the seller's premises.
2.4. Any discounts on the purchase price of goods, events and loyalty programs can not be combined together unless the seller and the buyer agree otherwise.
2.5. For each item, the price of the reservation fee is stated in addition to its price.
3. Booking and conclusion of a reservation agreement
3.1. Costs incurred by the interested party when using remotely communication means in connection with the conclusion of the reservation contract (costs of internet connection, costs of telephone calls) are borne by the applicant himself. These costs do not differ from the basic rate.
3.2. The customer concludes the reservation agreement through an order from his customer account, which he has previously registered.
3.3. Before the order is sent, candidates are allowed to check and modify the data they have placed in the order. The order will be sent to the seller by clicking the PAUSE & ORDER button. The data listed in the order they are deemed correct by the seller. The condition of the validity of the order is the filling in of all required data in the order form and confirmation of the interested party that he has become acquainted with these terms and conditions.
3.4. Immediately upon receipt of the order, the seller will send a confirmation of receipt of the order to the email address entered by the bidder. This acknowledgment is considered to be a reservation agreement.
3.5. By signing the reservation agreement, the seller undertakes not to enter into a reservation contract or other similar contract, a contract for future purchase contract or a sales contract or other similar transfer agreement for a reserved item with a person other than the one for a period of 14 days (hereinafter referred to as the " reservation period " with a candidate or a person authorized by him / her. The reservation period may be extended by agreement between the Contracting Parties.
3.6. In the event that one of the requirements specified in the order can not be fulfilled by the seller, the applicant will send a modified offer to his / her email address. The amended offer is considered as a new draft of the reservation agreement and the reservation agreement is then concluded by a confirmation of the applicant for acceptance of this offer to the seller at his email address given in these terms and conditions. Seller may cancel the order or reservation agreement if it can not deliver the goods.
3.7. All orders accepted by the seller are binding. The applicant can cancel the order and reservation only on the basis of an agreement with the seller.
3.8. In the event of an obvious technical error on the part of the seller when the price of the goods or the booking fee is stated in the online store or during the ordering, the seller is not obliged to deliver the goods to the buyer for this completely incorrect price even if the applicant has been sent an automatic confirmation to receive an order in accordance with these terms and conditions. The seller shall inform the prospective buyer without undue delay and send the bidder a modified offer to his / her email address. The amended offer is considered as a new draft of the reservation contract and the reservation agreement is then concluded with a confirmation of receipt by the applicant to the seller's email address.
4. Closing the Purchase Agreement
4.1. The bidder and the seller undertake to conclude the purchase contract for the reserved goods, which the seller undertakes to hand over to the persons interested in the goods and allow him / her to acquire the right of ownership, and the bidder commits to pay the purchase price of the goods stated in the online store no later than the last day of the reservation .
4.2. The applicant is required to enter the sales contract in the booking period to the seller's premises at the time of sale. Seller proposes to negotiate a meeting via the contact details of the seller to conclude the purchase agreement.
5. Customer account
5.1. On the basis of the registration of the interested party made in the online store, the applicant can access his / her customer account. From your customer account, the customer can order - the goods reservation.
5.2. When registering to a customer account and when ordering goods, the bidder is obligated to provide all the information correctly and truthfully. The applicant is obliged to state his / her ID, if he does not mention it, so it is not possible to finish the reservation. The data listed in the user account are obligated to update any changes to the user. The information given by the customer in the customer account and when ordering the goods is considered correct by the seller.
5.3. Access to the customer account is secured by username and password. The applicant is required to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
5.4. The applicant is not entitled to allow the use of the customer account to third parties.
5.5. The vendor may cancel the user account, especially if the applicant does not use his user account any longer, or if the bidder violates his obligations under the Purchase Agreement and these Business Terms.
5.6. The applicant acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the vendor, maintenance of hardware and software of third parties.
6. Payment Terms and Delivery of Goods
6.1. After booking the goods, the applicant is required to pay the reservation fee.
6.2. The booking fee is due to be paid by the payment card via the payment gate immediately after the order has been made.
6.3. The booking fee will be included in the purchase price of the goods.
6.4. The remaining part of the purchase price will be paid to the buyer upon conclusion of the purchase contract, unless the seller sells to the buyer for another maturity.
6.5. Reservation fee is negotiated as non-refundable. The buyer can only refund the reservation fee if the sales contract is not concluded for reasons of the seller. In this case, the seller will return the reservation fee to the applicant within 10 (ten) days of the date of the reservation.
6.6. Reservation fee is negotiated as non-refundable. The buyer can only refund the reservation fee if the sales contract is not concluded for reasons of the seller. These reasons are mainly that the destruction, theft, substantial change of the goods or the seller will not conclude the purchase contract with the applicant in the reservation period, even through a written request from the bidder. In this case, the Seller will return the reservation fee to the applicant within 10 (ten) days of the date of the reservation, in the same manner as the reservation fee was paid. If the reservation fee has been paid via a credit card, the fee will be refunded to the payment card the payment was made to.
6.7. The seller undertakes to hand over the goods to the seller at the seller's premises after the purchase contract is concluded and the entire purchase price is paid, unless agreed otherwise.
6.8. Upon payment of the reservation fee, the seller will issue a tax invoice - invoice. The tax document is sent to the interested party's email address.
6.9. Any claim by a claimant for damages arising out of the failure of the seller to make a purchase contract is excluded.
7. Rights of defective performance
7.1. By taking over the goods, all risks associated with the risk of accidental destruction, accidental deterioration of the item of purchase, the risk of damage, destruction, theft etc. The Seller is therefore not responsible for any defects in the goods (except legal defects) that will be detected by the applicant only after the reception of God. Furthermore, the seller is not responsible for the hidden defects of the goods, which became apparent after the buyer has received it. The applicant acknowledges and agrees that, except for legal defects, he is obliged to notify the seller of any defects of the goods at the latest during the inspection of the goods and the test ride.
7.2. The Applicant understands and agrees that if at any later date it turns out that the goods were suffering from a defect that was not known to both parties at the time the reservation was made and which became apparent only after the conclusion of this Agreement, does not respond. The applicant declares that he understands that the goods are a used vehicle and that parts can be worn at any time in the future, which can not be regarded as a hidden defect, since it is impossible for both parties to know or predict which component or can wear out. The applicant acknowledges and accepts all of these risks, understanding that the seller can not be responsible for the state of the goods and their wear and tear. Considering the fact that the goods were owned by more than one person, the seller is not responsible in particular for the correctness and truthfulness of the data on the mileage counters, as the above-mentioned figure of this number is only the data declared and found from the respective counter that the seller can not verify and the seller is not responsible for the correctness of the date of production of the goods. Given that the goods were in possession of more than one person, the seller does not guarantee that the condition of the goods in question meets the requirements of Decree No. 302/2001 Coll. for Vehicle Audit - Goods, which the applicant acknowledges and agrees to.
7.3. Since the goods are - the second-hand used vehicle, the buyer does not raise the right to defects corresponding to the extent of use of the item or the wear of the goods at the time the risk of damage passes over to the candidate, even if they will be reflected later and the seller expressly did not warn; seller is not responsible for any damages resulting from such defects. Applicants also do not create rights of defective performance in respect of any defects in goods or damage resulting from negligence of service operations on the goods or usual maintenance by the bidder, or as a consequence of the failure of the applicant to make repairs or maintenance for which he was notified or whose need or suitability is generally known. The fact that the defect existed already at the moment of taking over the goods is obliged to prove the applicant.
7.4. The applicant is obliged to assert the rights of liability for defects and to notify them to the seller at the latest at the conclusion of the purchase contract and acceptance of the goods he is obliged to carry out pursuant to Section 2112 of the Civil Code upon receipt of the goods from the seller, otherwise his claim for liability for defects will be extinguished. The applicant acknowledges that he can not withdraw from the reservation agreement or purchase contract or request the delivery of a new item if he can not return the goods in the state in which he received it. The provisions of Section 2110 of the Civil Code are excluded. Due to the nature of the subject of the purchase, the bidder is not entitled to request a replacement of the item (delivery of a new item). In the event that the applicant requests repairs of the goods, he is obliged to place the goods at the seller's premises in which he bought the goods, unless otherwise agreed. After the repair, the bidder is obliged to take over the goods at the seller's invitation. The seller decides how the repair is done.
8.1. The Contracting Parties may deliver all correspondence in writing via electronic mail.
8.2. The seller delivers the correspondence to the seller at the email address given in these terms and conditions. The seller delivers the correspondence to the email address specified in his customer account or in the order.
9.1. This Article sets out the rules for the protection of personal data of the person concerned if the person concerned is a natural person within the meaning of Regulation 2016/679 of the European Parliament and of the Council - General Regulation on Personal Data Protection (hereinafter referred to as "GDPR"). The GDPR vendor handles and processes personal data only in accordance with the GDPR when processing personal data.
9.2. When registering a user account and closing a reservation and purchase agreement, the personal details of the interested party are transferred to the seller and processed by the seller.
9.3. The personal information that the seller will process on the bidder is his name, email, telephone, billing information (street, number, city, postcode) and purchases made.
9.4. The legal basis for the processing of personal data is that such personal data are necessary to conclude a purchase contract, to fulfill a sales contract, to invoice and to claim warranty rights or to return goods.
9.5. Personal data will be processed by the seller for the duration of the contract, the warranty period and 10 years after the warranty period as evidence against legal claims. Personal data that is required to be retained under applicable laws will be processed for the period specified by applicable law. Personal data processed in connection with a user account will be processed 10 years after the last login, unless the applicant cancels his / her account earlier.
9.6. Personal data will be accessed by vendor employees and external processors - who are the seller's accountant, tax, legal, and marketing adviser.
9.7. Personal data will only be transferred to a third country or international organization in the event of data backups in order to better protect data and personal data from loss or destruction.
9.8. The applicant has the right to correct or supplement personal data, request a limitation of processing, object or complaint against the processing of personal data, request the transfer of data, access to his / her personal data, be informed about personal data breach, deletion and other rights set forth in the GDPR.
9.9. The applicant may at any time lodge a complaint concerning the processing of personal data or failure to comply with the GDPR's obligations to the Supervisory Authority. The Supervisory Authority is the Office for Personal Data Protection in the Czech Republic, headquartered at Pplk. Sochora 27, 170 00 Prague 7, www.uoou.cz.
10. Final provisions
10.1. All arrangements between the seller and the bidder are governed by the laws of the Czech Republic. If a relationship based on a sales contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights under generally binding legal regulations.
10.2. Seller is not bound by any codes of conduct in relation to the bidder within the meaning of Section 1826 (1) e) the Civil Code.
10.3. All rights to the Seller's website, in particular copyrights to the content, including page layouts, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the Website or any part thereof without the Seller's consent.
10.4. The Seller is not responsible for any errors resulting from third party intervention in the online store or as a result of its use contrary to its intended purpose. The applicant may not use procedures that may adversely affect his / her business and may not engage in any activity that may allow him or third parties to tamper with or use the software or other components of the Internet shop and use the Internet shop or its parts or software in a way that is inconsistent with its purpose or purpose.
10.5. The applicant takes on the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
10.6. The reservation contract, including business conditions, is archived by the seller in electronic form and is not accessible.
10.7. The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
These Terms and Conditions become effective on May 22, 2018