The seller is the company Xmotos s.r.o.
COMPANY REGISTRATION NUMBER 29383277
All photos of goods in the e-shop are illustrative only and may not completely correspond to the goods sold. The goods do not have to have identical descriptions and stickers, the color of the goods may not completely match the color in the photo.
Our e-shop generates and then sends emails with discounts and offers automatically to all registered customers. By agreeing to the terms and conditions, you also agree to this marketing communication.
1. All orders are considered binding. By sending the order, the customer confirms that he agrees with the rules of the store, with the payment options, delivery conditions, complaint procedure and has read the provisions on personal data protection.
2. We ask you to provide accurate and true data in the order form in your interest. After sending, each order is confirmed by an e-mail message, in which you have the last chance to check the correctness of the data entered. If there is an error in the order for any reason, please contact us immediately.
3. If there is a change in prices between the execution and dispatch of the order, the prices stated in the already executed order always apply.
4. The seller reserves the right to contact the customer by phone to verify or specify the order, if, for example, a higher value of the order, any missing or inaccurate data, etc.
The warranty period is 24 months.
The warranty period for demonstration and used goods is 12 months (for goods it is stated that it is demonstration or used goods.
In the case of consumables, its service life according to the load is a maximum of 6 months.
We recommend having the motor machines delivered in boxes assembled and adjusted by a professional service. Defects caused by improper installation are not covered by the warranty.
In the event that the goods are purchased on an invoice - ID number, or for the purpose of resale, it is considered that a business relationship has been agreed with reference to the Commercial Act. In this case, a warranty period of 6 months is provided .
Terms and Conditions
1. Introductory provisions
These terms and conditions further define and specify the rights and obligations of the seller and the buyer in the contractual relationship concluded through the online store www.xmotos.cz. The buyer has the opportunity to get acquainted with these terms and conditions before sending his order and is sufficiently notified in advance. By sending your order, the buyer confirms that he has read these terms and conditions and that he agrees with them.
All contractual relations are governed by the law of the Czech Republic.
2. Definition of terms
· Consumer contract - a purchase contract, a contract for work, or other contracts according to the Civil Code, if the contracting parties are the consumer on the one hand and the seller on the other.
· Consumer - is a natural person who does not act within the scope of his business or other entrepreneurial activity or within the scope of independent performance of his profession when concluding and fulfilling a contract.
· A buyer who is not a consumer - is a person who, in concluding and performing a contract, acts within the scope of his business or other entrepreneurial activity or within the scope of independent performance of his profession.
3. Conclusion of the purchase contract
Sending an order via the online store www.xmotos.cz, or made by phone is a binding proposal for the conclusion of a purchase contract with the seller
The seller shall immediately confirm receipt of the order in the sense of § 1827 paragraph 1 of the Civil Code by e-mail to the e-mail address specified by the buyer in the order, and this confirmation is not an acceptance of the proposal to conclude a purchase contract. The purchase contract itself is concluded by the acceptance of the proposal for the conclusion of the purchase contract by the seller, and the acceptance is considered the sending of goods by the seller to the buyer or explicit acceptance of the proposal to conclude the purchase contract by the seller by e-mail or phone.
The consumer has the right to cancel the order, ie to withdraw his proposal to conclude a purchase contract, without any penalties until the moment of dispatch of the goods. The consumer is obliged to notify the seller of this fact by e-mail or telephone.
4. Withdrawal of the consumer from the contract according to § 1829 par. 1 of the Civil Code
The consumer has the right to withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods.
For the purposes of exercising the right to withdraw from the contract, the consumer must inform the seller of his withdrawal from this contract. For registered customers, it is possible to fill in the form directly in the order history.
If the consumer withdraws from the purchase contract, he will be refunded the payment for the returned goods no later than 14 days from the date of fulfillment of all conditions for withdrawal from the purchase contract. In no case will this result in additional costs for the consumer. The payment will be returned by the seller only after receiving the returned goods. The consumer bears the direct costs associated with returning the goods. The deadline is considered to have been met if the consumer sends the goods back to the seller before the expiry of 14 days.
If the consumer has chosen a method other than the cheapest method of delivery of the goods offered by the entrepreneur, the entrepreneur will refund the cost of delivery of the goods to the consumer in the amount corresponding to the cheapest method of delivery of the goods offered. The consumer is only responsible for the reduction in the value of the goods as a result of handling the goods in a way other than that which is necessary to become familiar with the nature and properties of the goods, including their functionality. To familiarize yourself with the vehicles and their driving characteristics, it is sufficient to drive a maximum distance of 500 meters.
In accordance with Section 1837 of the Civil Code, the consumer may not withdraw from the contract:
· a) on the provision of services, if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the trader has informed the consumer before concluding the contract that in such a case he has no right to withdraw from the contract,
· b) the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the entrepreneur and which may occur during the period for withdrawal from the contract,
· c) the supply of alcoholic beverages, which may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the entrepreneur,
· d) on the delivery of goods which have been adjusted according to the wishes of the consumer or for his person,
· e) the delivery of perishable goods, as well as goods which have been irretrievably mixed with other goods after delivery,
· (f) repair or maintenance carried out at a place designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
· g) on the delivery of goods in a closed package, which the consumer has removed from the package and for hygienic reasons it is not possible to return,
· h) on the delivery of an audio or video recording or a computer program, if he has broken their original packaging,
· i) the supply of newspapers, periodicals or magazines,
· j) on accommodation, transport, meals or the use of free time, if the entrepreneur provides these services within the specified period,
· (k) concluded on the basis of a public auction in accordance with the law governing public auctions, or
· l) on the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such a case he has no right to withdraw from the contract.
It is not possible to withdraw from the contract without giving a reason if the goods have already been partially consumed. It is also not possible to withdraw from the contract for goods whose nature precludes it, especially for hygienic reasons. If the returned goods are incomplete, damaged or visibly worn, the seller can claim damages.
5. Withdrawal of the non-consumer buyer from the contract
In the case of a buyer who is not a consumer, it is not possible to withdraw from the contract.
The costs of postage and packaging, which the buyer has chosen in the order, are borne by the buyer and these costs are visible before confirming the order.
7. Payment terms
· Cash on delivery - the buyer pays money for the goods only upon receipt of the goods by the postal courier (courier) or at the post office.
· Bank transfer - after receiving the order (proposal to conclude a purchase contract), the seller will send the buyer the amount of the purchase price, account number and variable payment symbol. The goods will be paid by the buyer to the bank account of the seller before sending the goods, otherwise the goods will not be sent or. handed over. This method of payment of the purchase price is considered as an advance payment on the purchase price.
· Cash (personal collection) - the buyer pays for the goods in cash upon receipt of the goods at the seller's branch, after confirmation by e-mail from the seller that the goods are ready at the branch in stock.
· By credit card - the goods are paid for by the buyer online by credit card.
8. Rights from defective performance
The right of the buyer from defective performance is based on the defect that the thing has when the risk of damage passes to the buyer, even if it manifests itself later. The right of the buyer is also established by a later defect caused by the seller in breach of his obligation.
If the defective performance is a material breach of contract, the buyer has the right to:
· a) to eliminate the defect by delivering a new item without a defect or by delivering a missing item,
· b) to eliminate the defect by repairing the thing,
· (c) at a reasonable discount to the purchase price, or
· d) withdraw from the contract.
The buyer shall inform the seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The buyer cannot change the choice made without the consent of the seller; this does not apply if the buyer has requested the repair of a defect which proves to be irreparable. If the seller does not eliminate the defects within a reasonable time or notifies the buyer that he will not eliminate the defects, the buyer may request a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract.
If the buyer does not choose his right in time, he has the rights as in the case of a minor breach of contract.
If the defective performance is a minor breach of contract, the buyer has the right to eliminate the defect or a reasonable discount on the purchase price.
Until the buyer exercises the right to a discount on the purchase price or withdraws from the contract, the seller may supply what is missing or eliminate the legal defect. Other defects may be removed by the seller at his option by repairing the item or by delivering a new item; the choice must not impose disproportionate costs on the buyer.
If the seller does not remove the defect in time or refuses to eliminate the defect, the buyer may request a discount on the purchase price, or may withdraw from the contract. The buyer cannot change the choice without the consent of the seller.
The buyer cannot withdraw from the contract or demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply,
· a) if the condition has changed as a result of an inspection in order to detect a defect in the item,
· b) if the buyer used the item before the discovery of the defect,
· c) if the buyer did not cause the impossibility of returning the thing in an unaltered state by act or omission, or
· d) if the buyer sold the item before the discovery of the defect, if he consumed it, or if he changed the item in normal use; if this has happened only in part, the buyer will return to the seller what he can still return and give the seller compensation up to the amount in which he benefited from the use of the thing.
If the buyer does not report the defect in time, he loses the right to withdraw from the contract.
Defective situation rights apply to the seller at the address of the establishment.
9. Defective performance rights and quality guarantee in the case of a consumer buyer
The seller is responsible to the buyer, who is a consumer, that the goods are not defective upon receipt, in particular, the seller is responsible to the buyer that at the time when the buyer took over the thing,
· (a) the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and the advertising they make;
· b) the thing is suitable for the purpose stated by the seller for its use or for which a thing of this kind is usually used,
· c) the item corresponds in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
· (d) the item is in the appropriate quantity, measure or weight; and
· e) the matter complies with the requirements of legal regulations.
The buyer is entitled to exercise the right of defect within 24 months of receipt of the goods.
If the item does not have the above characteristics, the buyer may also request the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the buyer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
The buyer has the right to deliver a new item or replace a part even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount. The buyer is entitled to a reasonable discount even if the seller cannot deliver a new item to him without defects, replace its part or repair the item, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the consumer.
Defective situation rights apply to the seller at the address of the establishment.
10. Quality guarantee in the case of a buyer who is not a consumer
The seller does not provide the buyer, who is not a consumer, with a guarantee for the quality of the goods, unless expressly agreed between the parties.
The buyer is entitled to exercise the right of defect within 6 months of receipt of the goods.
11. Prices and validity of the offer
All prices include VAT, which is valid at the time of sending the order. In the event that VAT until the conclusion of the purchase contract or. changes to the goods before dispatch, the buyer is obliged to pay the arrears of the purchase price or taking into account the type of payment chosen by the buyer. the seller will immediately send the buyer by e-mail a message inviting a notice of where it is possible to pay the buyer an overpayment of the purchase price. A part of the delivery of goods is a proper tax document. All prices of goods, including promotional items, are valid until stocks are canceled or sold out.
12. Discounts and discount coupons
The seller provides various types of discounts.
In the event that the discount or discount coupon is applied in violation of the rules of the discount or discount coupon, the seller has the right to refuse such application of the discount or discount coupon. In such a case, the buyer is informed and will be offered the opportunity to process the order without this discount or redeemed coupon.
13. Protection of personal data
All personal data communicated to the seller will not be provided to third parties or other entities without the buyer's consent and will be handled in accordance with Act No. 101/2000 Coll., On the protection of personal data. The buyer can request their change or deletion by e-mail at any time. The buyer can change his data on the website www.xmotos.cz in the section "Your account".
After placing the order, the customer's e-mail can be handed over to Miton Media, as to send an evaluation questionnaire within the "Verified by customers" service. Within 10 days of purchase, a link to a questionnaire will be sent to the given e-mail address, in which the customer can evaluate the quality of services and products, with which the buyer expressly agrees.
14. Final agreement
After its delivery to the seller, the consumer order is archived as a proposal for concluding a purchase contract for the purpose of its fulfillment and further registration. The individual technical steps leading to the conclusion of the contract are clear to the consumer from the order process itself. The buyer has the opportunity to detect and correct errors made when entering data before sending the order. The cost of using means of distance communication (telephone, internet, etc.) to carry out the order itself is borne by the buyer. These terms and conditions allow the consumer to archive and reproduce them.
In cases where the goods are no longer produced or delivered or the price of the supplier of the goods has changed significantly, the buyer will be contacted immediately and another procedure will be agreed with him, including the possibility of canceling the order or part thereof.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: http://www.coi.cz , is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract .
In the event of any discrepancies between the Czech and English versions, the Czech version shall prevail.
Business conditions are valid from 1.12.2019