GENERAL TERMS AND CONDITIONS
These Terms and Conditions regulate the legal relationship between the Seller and Buyer carried out either through the online store www.arp-racingparts.com or on the basis of the Buyer’s separate order. The conditions further define and specify the Seller and the Buyer’s rights and obligations. All contractual relations are governed by Czech Republic legal regulations, in accordance with the provisions of Article 3 of Regulation of the European Parliament and of the Council (EC) No. 593/2008 (Rome I), or Act No. 91/2012 Coll., on Private International Law, respectively.
If the Buyer is a consumer, the relations not regulated by the Terms and Conditions are governed by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.).
If the Buyer is an entrepreneur, relations that are not regulated by the Terms and Conditions and that apply to entrepreneurs are governed by the Civil Code (Act No. 89/2012 Coll).
All products and goods manufactured and sold by the Seller are only intended for use on closed circuits and racetracks and are not homologated for use in road traffic. The use of goods and products delivered by the Seller in normal road traffic is at the customer's own risk. The Buyer agrees that the Seller is not liable for personal injury or property damage that would incur as a result of failure - a motorcycle crash or failure of the Seller's products or goods caused by improper installation. By ordering goods or products, the Buyer agrees to these Terms and Conditions.
Seller - Bc. Radek Novotný, Novosady 34, 594 01 Velké Meziříčí, Business ID No: 74641671, Tax ID No: CZ8412274255, operating under the name "arp-racing parts".
Consumer Agreement - is a purchase agreement if the Contracting Parties are the consumer as the Buyer, on the one hand, and the Seller, on the other hand.
Our online store Customer is the Buyer. Due to the applicable legal regulation, a distinction is made between a Buyer who is a consumer and a Buyer who is not a consumer.
Buyer - Consumer - a person who, as a Buyer, does not act within the scope of their business or other entrepreneurial activity when concluding and fulfilling an agreement. This is a natural person who buys products or uses services for a purpose other than doing business with those products or services.
Buyer - Entrepreneur - A Buyer who is not a consumer but an entrepreneur who buys products or uses services for the purpose of their business with these products or services. This Buyer complies with the Terms and Conditions to the extent that apply thereto and the Civil Code. Buyer - Entrepreneur may open their user account with the Seller by registering. Discounted prices may subsequently be linked to the account. It is possible for the Seller to cancel the user account at any time.
Purchase Agreement - by placing an offer to sell goods on the website, the Seller expresses their will to enter into a Purchase Agreement for the goods, or services under the given conditions. The Purchase Agreement is formed at the moment the Seller confirms the Buyer's order. As of this moment, mutual rights and obligations arise between the Buyer and Seller, which are defined by the Purchase Agreement and Terms and Conditions, and that are an integral part of this Agreement.
II. PURCHASE AGREEMENT CONCLUSION, INFORMATION ABOUT THE CONCLUDED AGREEMENT AND TERMS AND CONDITIONS
II.A. Orders through the online store:
By sending the order, the Buyer confirms that they have read these Terms and Conditions and that they agree therewith. The Buyer is sufficiently informed of these Terms and Conditions before the order’s actual execution and has the opportunity to become acquainted with them, this is confirmed by ticking the box "By ordering, you agree with our Terms and Conditions". These Terms and Conditions form an integral part of the concluded agreement.
If the Buyer is the holder of a discount promo code, this must be placed in the basket in the field marked "discount code", which will upload the discount that is subsequently reflected in the Purchase Price amount.
The Purchase Agreement is concluded when the Seller informs the Buyer of the order confirmation / acceptance to the email address that they provided.
If the goods are not in stock, the Seller will inform the Buyer of the price and delivery date based on their order. The Purchase Agreement is concluded by the Buyer’s confirmation.
II.B. Order via email:
Based on the Buyer’s request, whether by e-mail or telephone, the Seller will send the Buyer an offer by e-mail containing the identification of goods, the price, transport mode and price and the expected delivery date. These Terms and Conditions will be attached to the offer. The Purchase Agreement is concluded by the Buyer’s acceptance of the offer (confirmation). These Terms and Conditions form an integral part of the concluded agreement.
II. Joint arrangement:
The Agreement is concluded in Czech language, and unless circumstances on the Seller’s or Buyer’s part prevent this, the Agreement may be concluded in another language understandable to the Parties. The concluded Agreement is archived by the Seller for the purpose of its successful fulfilment and is not accessible to third parties, except for the performance of the Seller's legal obligations. Information concerning the individual technical steps leading to the Agreement’s conclusion is evident from the ordering process in our online store and the Buyer has the opportunity to check and possibly correct the order before sending it. These Terms and Conditions are displayed on our online store’s website and therefore the Buyer’s archiving and reproduction is enabled. Each of the Contracting Parties bears their own communication costs, the Seller does not operate any charged telephone lines.
III. GOODS DELIVERY
After concluding the Purchase Agreement, the Seller prepares the goods to be sent to the Buyer. Goods deliveries will be realised in the shortest possible time, usually 2 - 10 working days of the Purchase Agreement’s conclusion, or of the payment, if a payment method other than cash on delivery is agreed. In exceptional cases, the delivery time may be longer. The place of collection is determined on the basis of the Buyer's order. Delivery of the item to the address provided by the Buyer is considered as fulfilling the delivery. The delivery does not include installation of the subject-matter.
The choice of transport mode is made by the Seller depending on the size and weight of the ordered goods. Goods are usually delivered via a contractual transport service.
When summarising the order in the basket, the Buyer will see the transport price, which will be calculated according to the delivery location and the consignment size. By sending the order, the Buyer also confirms their agreement with the transport price.
In case of an email request, the Buyer will be informed of the transport price within the Seller's offer.
IV. PAYMENT TERMS
All goods are delivered together with a tax document (invoice - for the Consumer Buyer it serves as a warranty card). The goods remain the Seller’s property until full payment. The offer (including special offers, sales and flyer offers) is valid until the sale of stock. The Seller reserves the right to change prices. The purchase price is the price valid at the time of ordering.
- Cash on delivery - when sending a commercial parcel by courier service.
- Payment by bank transfer - the goods can be paid by ordinary payment order to the following account 1388814012/3030.
- Payment by payment gateway
After the order’s completion, the Seller will send the Buyer the necessary payment information by e-mail (account number, amount and unique reference number). The goods will be shipped after the payment has been credited to the Seller’s account.
If the Buyer fails to take over the goods due to their own reasons (for example, they are unable to pay the purchase price), the Buyer bears the costs associated with the delivery of goods in full.
In the event that the supplier cancels the order or part thereof (such as when the goods are sold out), the purchase price of such goods is immediately returned to the account number from which it was transferred, unless otherwise agreed.
V. THE BUYER’S WITHDRAWAL FROM THE AGREEMENT
The Buyer has the right to withdraw from the order at any time before goods are dispatched, except for goods that have been customised. In case of withdrawal before goods are dispatched, withdrawal is sufficient either by telephone or e-mail at: firstname.lastname@example.org.
In accordance with § 1829 (1) of the Civil Code, as amended, the consumer may withdraw from the Agreement within 14 days of goods receipt. The Buyer must give notice of the withdrawal in writing to: Radek Novotný, Novosady 34, 594 01 Velké Meziříčí, or by email (to email@example.com). A sample withdrawal form is available HERE.
Goods returned to the Seller's address by the Buyer as part of the agreement withdrawal must be undamaged, show no signs of use, must be complete (including accessories, invoice, etc.) and with the original proof of purchase. Goods may not be sent as cash on delivery, the Seller recommends that the Buyer insures the shipment. The Buyer bears the transport costs for goods returned to the Seller upon the agreement withdrawal.
If all the above conditions return of goods return are met, the goods purchase price will be sent by money order or by bank transfer to the Buyer’s account, no later than 14 days after the goods physical return.
Upon goods being delivered in a damaged, incomplete or otherwise depreciated condition, the Seller may demand compensation from the Buyer for a reduction in the value of the returned goods pursuant to § 1833 of the Civil Code, without prejudice to the consumer's right to withdraw from the agreement without any penalty. Normal damage to the original packaging caused by unpacking the goods cannot be considered as goods depreciation. The Seller is only entitled to reimbursement of the costs actually incurred in connection with the return of goods.
Withdrawal from the agreement is effective if it is sent within 14 days of receipt of performance. In the event of non-fulfilment of any of the above conditions (such as sending the returned goods without the expression of the will to withdraw from the agreement), the goods will be returned at the Buyer’s expense.
The Buyer acknowledges that according to § 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement for customised or personalised Goods.
VII. THE SELLER’S WITHDRAWAL FROM THE AGREEMENT
The Seller reserves the right to withdraw from the concluded Agreement (i.e., to unilaterally terminate the Purchase Agreement or part thereof) at any time without giving a reason.
If such a situation occurs, the Seller should notify the Buyer immediately and agree on the refund method in regard to the Purchase Price, if the Buyer has already paid it. If the Buyer has already paid part or all the Purchase Price, this amount will be returned to their account or address as soon as possible, within 10 working days, but no later than 30 days from the Seller’s withdrawal from the Agreement.
Among other things, the Seller is entitled to withdraw from the Agreement in the event of a material breach by the Buyer. For example, a delay in payment of more than 5 days is considered as a material breach of the Buyer’s obligations.
VIII. GOODS DEFECT LIABILITY
Prior to first use, the Buyer is obliged to read through the defect liability conditions specified in these Terms and Conditions. The Buyer is obliged to follow the assembly instructions received with the goods, which contain a link to detailed assembly instructions available on the Seller’s website, and subsequently strictly follow this information, otherwise there is a risk that improper use will damage the item and therefore not be possible to claim the defect within the scope of their right arising from defect liability.
The Seller is not liable for any mechanical damage caused by a motorcycle crash - accident, or normal wear and tear.
The Contracting Parties’ rights and obligations regarding the rights arising from defective performance are governed by the applicable generally binding regulations (in particular the provisions of § 1914 to § 1925, § 2099 to § 2117 and § 2161 to § 2174 of the Civil Code).
The Seller is liable to the Buyer in relation that goods are defect free upon receipt.
The Buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt.
If a remediable defect repeatedly occurred after repair (third complaint for the same defect or fourth for different defects) or the goods have a large number of defects (at least three defects simultaneously), the Consumer Buyer may claim a Purchase Price discount, exchange goods or withdraw from the Agreement.
The Buyer confirms their agreement with the Terms and Conditions by sending their order. The Buyer is obliged to inspect the goods immediately after delivery and inform the Seller of any identified defects without undue delay. If the Buyer identifies any difference between what is on the delivery note and the goods actually delivered (for example, in type or quantity), they are obliged to inform the Seller in writing without undue delay, but no later than within two working days. The complaint is delivered by the Buyer to the Seller at their own expense. The Buyer describes the defects and their manifestations as concisely as possible and provides an invoice.
The Buyer is obliged to provide the Seller with cooperation for the claimed defect’s assessment, they are particularly obliged to submit the goods in which the defect is claimed by the Seller for assessment upon the Seller’s request without undue delay. The complaint will be settled without undue delay and no later than 30 days as of the date of asserting the complaint. In case of justification regarding a complaint for goods under warranty, the Seller shall pay any transport back to the customer, if applicable.
In the event of an unjustified complaint, the complaint is rejected, the goods are returned to the Buyer at their own expense, or the repair is charged to the Buyer, whereby the Buyer must be notified in advance.
IX. COMPLAINT SETTLEMENT
After identifying the defect, the Buyer is obliged to lodge a complaint with the Seller, or the person designated for repair without undue delay. If they do so in writing or electronically, they must provide their contact details, a defect description and a request for the method regarding settling the complaint. The form can be downloaded HERE. The Buyer is obliged to inform the Seller which right (claim) they have chosen when giving notice of the defect, or immediately after giving notice of the defect. A change of choice without the Seller’s consent is only possible if the Buyer requested the defect’s repair, which then turns out to be irremovable.
If the Buyer fails to choose the right arising from a material agreement breach in time, they have the same rights as they do in the case of a minor Agreement breach.
The Buyer is obliged to prove that they purchased the goods (preferably by proof of purchase). If the Buyer complains of a defect in the delivery due to being sent products other than those ordered, or a defect in the delivered product, the time limit for settling the complaint runs from the handover / delivery of the goods to the Seller or to the designated place of repair. During transport, goods should be packed in suitable packaging to prevent damage, they should be clean and complete. If the Buyer complains about missing parts in regard to ordered goods, the period for the complaint’s settlement begins when the Seller receives the complaint.
The Seller will settle the complaint, including the defect’s removal, without undue delay and no later than 30 days after its assertion, unless they agree with the Buyer on a longer period in writing. After this period, the buyer has the same rights as they do in the case of a material Agreement breach.
If the Seller refuses to remove the defect on an item for which they are responsible, the Buyer may request a reasonable discounted price or withdraw from the Agreement.
In the case of a justified complaint, the Buyer is entitled to compensation for costs incurred.
X. FINAL PROVISIONS
If the relationship established by the Purchase Agreement includes an international (foreign) element, then the Parties agree that the relationship is governed by Czech legal regulations. This will not affect the consumer's rights arising from the generally binding legal regulations.
In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 (1)(e) of the Civil Code.
Before sending the order, the Buyer may express their consent or disagreement with sending information related to the goods, services or the Seller’s business to the Buyer’s electronic address and also the consent to the Seller for sending commercial communications to the Buyer’s electronic address.
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whereby the meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of other provisions. Modifications and amendments to the Purchase Agreement or Terms and Conditions require a written form.
The Seller reserves the right to change the Terms and Conditions. The modified Terms and Conditions will be announced on their website in a suitable way. This provision will not affect the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
The annexe to the Terms and Conditions consists of a sample form for withdrawal from the Purchase Agreement and a sample complaint form.
The Terms and Conditions shall apply in the version valid on the day of sending the electronic order. By ticking the box "By ordering, you agree with our Terms and Conditions", the Buyer expresses that they have acquainted with these Terms and Conditions and that they have legitimately become part of the Purchase Agreement.
The Czech Trade Inspection Authority, www.coi.cz, is competent to resolve disputes with consumers out of court. European Consumer Centre Czech Republic with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: www.evropskyspotrebitel.cz is a contact point pursuant to Regulation of the European Parliament and of the Council (EU) No. 524/2013.
These Terms and Conditions are effective from March 1st, 2021 and are valid until revoked, replaced by a new version or the adoption of modifications.