Terms and conditions

I. Basic provisions

1. These general business conditions (hereinafter referred to as „business conditions“) are issued in accordance with § 1751 et seq. Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)

Jan Čapek
Company ID: 04242301
registered address: Domaslavice 25, 463 43, Proseč pod Ještědem
Physical (natural) person operating under the Trade Licensing Act of the Czech Republic, not entered in the Trade Register
email: info@jcapek.cz

(hereinafter referred to as the „seller“)

2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside his business as a consumer or within his business (hereinafter: „buyer“) through a web interface located on a website www.jcapek.cz.

3. The provisions of the business conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.

II. Information about prices

1. Information about the goods, including the prices and their main properties are given on the seller’s webpage. The prices of the goods remain valid as long as they are displayed on the seller’s webpage.

2. All presentation of goods placed on seller’s webpage is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.

III. Order

1. The buyer orders the goods by filling in the order form without registration.

2. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. The purchase contract is concluded only after the acceptance of the order by the seller.

3. The buyer can cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer can cancel the order by email of the seller specified in these terms and conditions.

4. In the event that there is an obvious technical error on the part of the seller when stating the price of goods on seller’s webpage, the seller is not obliged to deliver the goods to the buyer for this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order in accordance with these terms and conditions. The seller informs the buyer of the error without undue delay and sends the amended offer to the buyer to his email address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded by a confirmation of acceptance by the buyer to the email address of the seller.

IV. Payment and delivery

  1. The price of the goods the buyer may pay in the following ways:
  • cashless transfer to the bank account of the seller
  • cashless payment with credit/debit card VISA, VISA Electron, MasterCard, Maestro
  • online transfer to bank account of the seller

2. All payment methods are connected to ComGate Payments a.s. payment interface. This payment provider offers secure and safe technology for accepting payment cards (credit/debit) and for accepting online bank transfers. All data the buyer enters (Credit/debit card numbers, bank account numbers and passwords), the buyer enters through secured and trusted connection managed by ComGate Payments, a.s.

3. The goods are delivered to the buyer via Moto assistant interface, where buyer enters his data (email and variable symbol/order number) and Moto assistant checks the data and if they are correct, unlocks advanced functions known as Moto assistant PLUS.

VI. Withdrawal from the contract

1. A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract. The provisions of this Article VI thus only concern the right of withdrawal from the buyer-consumer.

2. The period for withdrawal from the contract is 14 days

  • from the date of receipt of the goods (from the day user/buyer activated Moto assistant PLUS)

3. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.

4. Withdrawal from the purchase contract will be sent by the buyer to the email or delivery address of the seller specified in these terms and conditions. The seller will immediately confirm to the buyer the receipt of the form.

5. If the buyer withdraws from the contract, the seller shall return to him without delay, but no later than within 14 days of withdrawal from the contract, all funds. The seller will return the funds received to the buyer in another way only if the buyer agrees.

VII. Rights from defective performance

1. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:

  • the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller

2. In the event of a defect, the buyer may submit a complaint to the seller and request:

  • repair of goods,
  • withdraw from the contract.

3. The buyer has the right to withdraw from the contract:

  • if he cannot use the thing properly due to the recurrence of the defect or defects after repair,

4. A breach of contract is substantial which the party to the breach already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if it had foreseen the breach.

5. When making a complaint, the buyer is obliged to inform the seller which right he has chosen. A change of choice without the consent of the seller is possible only if the buyer has requested the correction of a defect that proves to be irreparable.

6. If repair or exchange of goods is not possible, upon withdrawal from the contract, the buyer may demand a refund of the purchase price in full.

7. If the seller proves that the buyer knew about the defect of the goods before taking over or caused it himself, the seller is not obliged to comply with the buyer’s claim.

8. The seller is obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, or in the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint requires the buyer, as well as confirmation of the date and manner of handling the complaint, including confirmation of repair and duration, or written justification. rejection of the complaint.

9. The seller informs the buyer in writing about the result of the complaint.

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

IX. Personal data

1. All information you provide in our cooperation is confidential and we will treat it as such. Unless you give us written permission to do so, we will not use your data for any purpose other than for the purpose of performing the contract, except for the email address to which commercial communications may be sent, as this is permitted by law unless you reject it. These communications may only concern similar or related goods and may be unsubscribed at any time in a simple manner (by sending a letter, email or by clicking on a link in the commercial communication). The email address will be kept for this purpose for a period of 5 years from the conclusion of the last contract between the parties.

X. Extraordinary dispute resolution

1. The Czech Trade Inspection Authority, with its internet address: https://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.

XI. Final provisions

1. All agreements between the seller and the buyer with the law of the Czech Republic. If the relationship established by the purchase 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 arising from generally binding legal regulations.

2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.

3. All rights to the seller’s website, in particular copyright to the content, including page layout, 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 consent of the seller.

4. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

5. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.

6. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

These terms and conditions take effect on 16 .4. 2021.