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Terms and conditions


GENERAL TERMS AND CONDITIONS

AMC spare parts, s.r.o., Company ID No. 26013142, with its registered office at No. 19, 503 27 Radíkovice,

incorporated in the Companies Register kept by the Regional Court in Hradec Králové, Section C, File 20114

(hereinafter referred to as “Seller”), for purchase agreements for the sale of

“RIF” off-road equipment and 4x4 accessories

Article I.

INTRODUCTORY PROVISIONS

  1. Within the scope of its business, the Seller (i.e. AMC spare parts, s.r.o., Company ID No. 26013142, with its registered office at No. 19, 503 27 Radíkovice, incorporated in the Companies Register kept by the Regional Court in Hradec Králové, Section C, File 20114) inter alia sells “RIF” off-road equipment and 4x4 accessories (hereinafter referred to as “Goods”), which are in particular customized for Lada, UAZ, GAZ, Toyota, Ford, Mitsubishi, Isuzu and other motor vehicles.

  2. These General Terms and Conditions (hereinafter referred to as “GTC”) have the character of a general part of the purchase agreement and, together with the specific part of the purchase agreement under Section 1.3 GTC, they form the purchase agreement within the meaning of Section 1724 et seq. in conjunction with Section 2079 et seq. of Act No. 89/2012 Sb., the Civil Code, as amended (hereinafter referred to as “CC”), the subject matter of which is the purchase of the Goods under Section 1.1 GTC and which is entered into by and between the Seller under Section 1.1 GTC and the Buyer under Section 1.4 GTC. The GTC become binding on both parties only upon valid conclusion of the purchase agreement unless the parties agree otherwise in writing. Until then, however, starting from the first legal act of the Seller towards conclusion of the agreement, the GTC shall be subsidiary and decisive rules for actions of both the Seller and the interested buyer of the Goods or more precisely the future Buyer. To facilitate access of the interested buyer or more precisely the future Buyer to the contents of the GTC, the text of the GTC, as amended, is available on the Seller’s website at: rif4x4.cz (hereinafter referred to as “Website”).

  3. Specific part of the purchase agreement shall mean the part of the purchase agreement which provides for individual terms and conditions of an individual particular business transaction linked to a specific Buyer under Section 1.4 GTC and to specific Goods. Any provision of the specific part of the purchase agreement derogating from the GTC shall take precedence over the provisions of the GTC. The specific part of the purchase agreement in conjunction with the GTC shall form the purchase agreement (hereinafter referred to as “Agreement”).

  4. For the purposes of the Agreement, Buyer shall mean a legal or natural person within the meaning of Section 18 CC provided that it is indicated as the buyer in the Agreement (hereinafter referred to as “Buyer” or “party”). Buyer-Consumer shall mean any natural person who enters into the Agreement with the Seller or otherwise deals with the Seller outside the scope of the natural person’s business activity or self-employment (natural persons only).

  5. For the purposes of the Agreement, Goods shall mean specific “RIF” off-road equipment and 4x4 accessories, always customized to the needs of the Buyer; their catalogue is available on the Seller’s Website.

 

Article II.

CONCLUSION OF THE PURCHASE AGREEMENT

  1. The Agreement shall come into force and take effect on the date of its signature by both parties.

  2. By entering into the Agreement, the Buyer agrees to these GTC and declares that they had the opportunity to gain full knowledge of these GTC prior to the conclusion of the Agreement.

  3. The subject matter of the Agreement is the purchase of the Goods from the Seller into the ownership of the Buyer under the terms and conditions laid down in the Agreement.

  4. Under those terms and conditions, the Seller shall deliver the Goods to the Buyer and transfer the title to the Goods to the Buyer. Under the terms and conditions laid down in the Agreement, the Buyer shall buy the Goods from the Seller and take possession of the Goods.

 

Article III.

PURCHASE PRICE AND PAYMENT TERMS

  1. Any presentation of the Goods placed on the Seller’s Website is purely informative and the Seller is not obliged to enter into any Agreement regarding the Goods. The provision of Section 1732(2) CC shall not apply.

  2. Unless agreed otherwise in writing, purchase price shall mean the price of the Goods as expressly indicated in the written Agreement (hereinafter referred to as “Purchase Price”).

  3. The Purchase Price shall be charged to the Seller upon conclusion of the Agreement in the form of an advance by an invoice – an advance invoice.

  4. The Buyer shall pay the Seller the advance on the Purchase Price in the agreed amount on the basis of the issued advance invoice no later than within 7 working days from the date of signature of the Agreement. Where the advance on the Purchase Price is not paid, it is a fundamental breach of the Agreement by the Buyer and the Seller is entitled to withdraw from the Agreement.

  5. Credit transfer shall be considered properly made and the amount to be paid shall be considered duly paid only when the relevant amount credits the bank account of the Seller.

  6. The title to the Goods shall pass to the Buyer only upon full payment of the Purchase Price, including the costs of delivery, but upon receipt of the Goods at the earliest; this provision represents an agreement on reservation of title to the Goods.

 

Article IV.

DELIVERY TERMS

  1. In view of the fact that the manufacture of the Goods (or more precisely customizing the Goods to the needs of the Buyer) will start only after conclusion of the Agreement and full payment of the advance on the Purchase Price, the delivery period for the delivery of the Goods shall be 10 weeks from the date of full payment of the advance on the Purchase Price of the Goods.

  2. Place of delivery shall be the address of the Seller’s registered office.

  3. The Seller’s obligation to hand the Goods over to the Buyer is fulfilled on the day when the Goods are ready for receipt at the Seller’s registered office. Where the Seller is supposed to, according to Buyer’s requirements, dispatch the Goods to an address specified by the Buyer, the obligation to hand the Goods over to the Buyer is fulfilled upon handover of the Goods for transport to the first carrier.

  4. The method and place of delivery of the Goods as well as the exact costs of delivery of the Goods (shipping and handling) shall be agreed by the parties in the Agreement. The costs of delivery of the Goods (shipping and handling) shall be borne by the Buyer and they shall be charged to the Buyer together with the Purchase Price by an invoice (an advance invoice) issued in accordance with Section 3.3 hereof.

  5. Upon the receipt of the Goods from the carrier, the Buyer shall check integrity of packaging of the Goods and inform the carrier without delay about any defects. Where any damage to the packaging is detected, indicating intrusion into the consignment, the Buyer is not obliged to take delivery of the consignment from the carrier.

 

Article V.

PROVISIONS APPLICABLE TO A BUYER-CONSUMER

  1. This Article V. GTC shall apply only to Agreements entered into with a Buyer who is a consumer within the meaning of Section 419 CC. In so far as the provisions of this Article VI. conflict with other provisions of the GTC, this Article V. shall prevail.

  2. The Buyer-Consumer is entitled to out-of-court resolution of disputes arising from the Agreement in accordance with Section 20d et seq. of Act No. 634/1992 Sb., on consumer protection, as amended, by the Czech Trade Inspection Authority (www.coi.cz), (hereinafter referred to as “CTIA”).

  3. Out-of-court consumer dispute resolution shall be instituted by lodging an application of the Buyer-Consumer, which may be lodged in particular in writing, in the form of an oral application placed on record, or by electronic means via an online form on CTIA’s website, no later than within one year from the day on which the Buyer-Consumer first asserted their disputed right with the Seller.

  4. Before resorting to out-of-court dispute resolution, the Buyer-Consumer shall first attempt to resolve the dispute directly with the Seller.

  5. None of the provisions of this Article rules out the option of the Buyer-Consumer to turn with their claim to the competent court.

 

Article VI.

LIABILITY FOR DEFECTS AND GUARANTEE

  1. Rights and obligations of the parties as to the Seller’s liability for defects shall be governed by the relevant provisions of the Civil Code (in particular provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 CC, and Act No. 634/1992 Sb., on consumer protection, as amended).

  2. The provisions of Sections 6.3. to 6.9. GTC below shall apply only where the Buyer is a consumer (i.e. not an entrepreneur); otherwise, general provisions on delivery under Sections 1914 to 1925 CC and on the purchase agreement under Sections 2099 to 2117 CC shall apply.

  3. The Seller is responsible to the Buyer for ensuring that the Goods have no defects upon receipt. In particular, the Seller is responsible to the Buyer for ensuring that at the time when the Buyer takes delivery of the Goods:

    1. the Goods have the characteristics agreed by the parties and, where there is no such agreement, the characteristics which the Seller or manufacturer described or which the Buyer expected in the light of the nature of the Goods and on the basis of advertising by the Seller or manufacturer,

    2. the Goods are fit for the purpose which the Seller specifies as the purpose of their use or for which a product of that kind is usually used,

    3. quality or workmanship of the Goods comply with the agreed sample or model if the quality or workmanship was determined using an agreed sample or model,

    4. the Goods are of appropriate quantity, amount or weight, and

    5. the Goods meet legal requirements.

  4. Where a defect becomes apparent within six months of the receipt, the Goods shall be considered defective at the time of the receipt.

  5. The Buyer is entitled to exercise rights arising from a defect which occurs within twenty-four months of the receipt of the Goods. Where a period for which the Goods can be used is indicated on the Goods, on their packaging, in a manual enclosed to the Goods or in advertising in accordance with other legislation, the provisions on quality guarantee shall apply.

  6. Where the Goods do not have the characteristics referred to in Section 6.3. GTC, the Buyer may require delivery of new Goods free of defects unless it would be disproportionate in the light of the nature of the defect; where the defect affects only a part of the Goods, the Buyer may only require replacement of that part; if this is not possible, the Buyer may withdraw from the Agreement. Nevertheless, where this would be disproportionate in the light of the nature of the defect, in particular where the defect can be rectified without undue delay, the Buyer is entitled to have the defect rectified free of charge. The Buyer has the right to delivery of new Goods or to replacement of a part of the Goods in the case of a defect capable of being rectified provided that the Buyer cannot properly use the Goods due to the repeated occurrence of the defect after repair or due to a higher number of defects. In such cases, the Buyer is also entitled to withdraw from the Agreement.

  7. Where the Buyer does not withdraw from the Agreement or exercise the right to delivery of new Goods free of defects, replacement of a part of the Goods or repair of the Goods, they may claim a reasonable discount. In addition, the Buyer has the right to a reasonable discount where the Seller is unable to deliver new Goods free of defects, replace a part of the Goods or repair the Goods or where the Seller fails to remedy the situation within a reasonable period or where the remedy would cause considerable difficulties to the Buyer.

  8. The Buyer has no rights arising from defective performance if the Buyer knew before the receipt of the Goods that the Goods suffered of a defect or if the defect was caused by the Buyer themselves.

  9. Other rights and obligations of the parties as to the Seller’s liability for defects are provided for in the Complaints Procedure of the Seller which forms an integral part of these GTC.

  10. The burden of proof regarding the existence of a defect and a defective performance claim lies with the Buyer. Where the Buyer pursues a claim arising from defects of the Goods or claims arising from liability for defects or similar claims, the Buyer shall prove to the Seller that the specific claim has arisen, e.g. by photo documentation of the Goods or a written specification of the defect of the Goods.

  11. The Buyer is entitled to exercise the right from defective performance or file a complaint about the Goods with the Seller by pointing out the defect of the Goods under complaint and sending the defective Goods to the address of the Seller’s registered office: No. 19, 503 27 Radíkovice, Czech Republic.

  12. Unless indicated otherwise in the Agreement, no guarantee is offered for the Goods. This shall be without prejudice to the right of the Buyer who is a consumer as provided for in Section 2165(1) CC.

 

Article VII.

WITHDRAWAL FROM THE AGREEMENT

  1. The parties may withdraw from the Agreement only due to a fundamental breach of a contractual obligation by the other party within the meaning of Section 2002 CC. A fundamental breach means such a breach of which the defaulting party, upon conclusion of the Agreement, knew or had to know that the other party would not enter into the Agreement had it foreseen such a breach. In other cases, the breach is deemed not to be of a fundamental nature.

  2. In the event of withdrawal from the Agreement, the Buyer shall deliver the Goods in the condition in which they received them from the Seller, taking into account normal wear and tear, to the establishment or registered office of the Seller within the deadline agreed with the Seller but no later than within fifteen calendar days unless the parties agree otherwise. Where the Buyer is unable to deliver the Goods to the Seller in the condition in which they received them from the Seller, taking into account normal wear and tear, the Buyer is not entitled to withdraw from the Agreement.

  3. By entering into the Agreement, the Buyer expressly acknowledges that the Goods are always customized to the needs of the Buyer (i.e. directly customized for use in the motor vehicle specified by the Buyer). In view of this, within the meaning of Section 1837 (d) CC, the Buyer who is a consumer is not entitled to withdraw from the Agreement within 14 days of the day of receipt of the Goods in accordance with Section 1829(1) CC.

  4. Where the Buyer withdraws from the Agreement, they have no claim for damages or for reimbursement of the costs of returning the Goods against the Seller.

 

Article VIII.

FORCE MAJEURE

  1. The Seller is not responsible for any failure to comply with an obligation under the Agreement if the failure or delay was caused by circumstances arising independently of the will of the Seller and preventing the Seller from complying with its obligations and if it cannot be reasonably expected that the obliged party could avert or overcome the obstacle or its consequences and provided that the obliged party could not reasonably foresee the obstacle at the time of entering into the obligation (hereinafter referred to as “Force Majeure).

  2. For the purposes of this agreement, Force Majeure shall mean, provided that the conditions set out in the preceding paragraph are met, especially the following:

  1. natural disasters, fires, earthquakes, landslides, floods, storms, frost, snowfalls or other significant atmospheric disturbances and phenomena, or

  2. wars, rebellions, uprisings, civil commotions or strikes, or

  3. decisions or legislative acts of public authorities, regulations, limitations, prohibitions or other interventions by the state or state and local governments, in particular emergency measures taken by relevant ministries or the government of the Czech Republic in relation to the pandemic caused by the new coronavirus SARS-CoV-2 (the so-called COVID-19), or

  4. suspension or limitation of operations of the manufacturing or distribution facility of the Goods manufacturer, an accident, explosion or other damage to the manufacturing or distribution facility.

 

Article IX.

CONDITIONS OF TAKE-BACK OF PRODUCTS

  1. In accordance with Act No. 185/2001 Sb., on waste and on amendments to some other acts, as amended, the Seller ensures the take-back of used products (Goods) at the address of its registered office and it does so free of charge and throughout working hours.

 

Article X.

PROTECTION OF PERSONAL DATA

  1. Being the controller of personal data which will be disclosed to it by the Buyer on the basis of the Agreement concluded or in the context of pre-contract negotiations, the Seller undertakes to process the personal data in accordance with legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. Further details and standard forms for exercising the rights related to the processing of personal data are available HERE.

  2. The parties state that in accordance with Article 6(1)(f) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, and in accordance with Section 7(3) of Act No. 480/2004 Sb., on certain information society services, the Seller may send, without prior consent of the Buyer, commercial communications relating to Seller’s own identical or similar goods or services (in particular information relating to news and promotions) to the Buyer’s e-mail address first specified in the Agreement.

  3. The Buyer may opt out of receiving the commercial offers referred to in the preceding paragraph at any time by an e-mail sent to the Seller’s address: info@rif4x4.cz.

 

Article XI.

FINAL PROVISIONS

  1. The Agreement is entered into in accordance with the laws of the Czech Republic; any issues which are not expressly provided for in the Agreement shall be governed by Act No. 89/2012 Sb., the Civil Code, as amended, or Act No. 634/1992 Sb., on consumer protection, as amended.

  2. The Agreement is drawn up in Czech. In case of any future dispute arising from the Agreement between the Seller and the Buyer, the Czech version of the documents shall always prevail.

  3. Any dispute which might arise from or in connection with the Agreement shall be decided by the District Court in Hradec Králové (Czech Republic). Where district courts lack material jurisdiction in accordance with the procedural law of the Czech Republic, the Regional Court in Hradec Králové (Czech Republic) shall have jurisdiction to hear the dispute.

  4. Any amendment to the Agreement shall be made in writing.

  5. Obligations arising from the Agreement cannot be assigned to a third party without the consent of the other party.

  6. The Agreement shall come into force and take effect on the date of its signature by the last of the parties.

  7. The GTC shall come into force and take effect on 1 February 2021.

     

Files to download

Complaint report (pdf)