Terms & Conditions
TERMS AND CONDITIONS
M-Style distributor s.r.o.
Located at Spojovací 182/11 Praha 9 - Vysočany 190 00
Identification number: 29276713, VAT CZ29276713
Registered in the commercial register maintained in Prague, section C, file 329328
For the sale of goods through the online store located at the internet address
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the company M-Style distributor s.r.o., with its registered office at Spojovací 182/11, Prague 9 - Vysočany, 190 00, identification number: 29276713, registered in the Commercial Register maintained in Prague, Section C, Insert 329328 (hereinafter referred to as the "seller") regulate in accordance with Section § 1751(1) of Act No. 89/2012 Sb., the Civil Code, as amended (hereinafter referred to as the "Civil Code") the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store(hereinafter referred to as the "webshop"). The online store is operated by the seller on the website located at the internet address www.mstylemoto.com (hereinafter referred to as the "website"), through the web interface of the website (hereinafter referred to as the "website interface").
1.2. These terms and conditions do not apply in cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts in connection with ordering goods within the scope of its business activity or independent professional performance.
1.3. Deviations from the terms and conditions may be agreed in the purchase agreement. Deviating agreements in the purchase agreement shall take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are prepared in the English language. The purchase agreement can be concluded in the Czech, Slovak or English language.
1.5. The seller may change or supplement the wording of the terms and conditions. This provision shall not affect rights and obligations that have arisen during the validity of the previous wording of the terms and conditions.
2. USER ACCOUNT
2.1. Based on the buyer's registration carried out on the website, the buyer may access their user interface. From their user interface, the buyer may place orders for goods (hereinafter referred to as the "user account"). If the webshop interface allows it, the buyer may also place orders for goods without registering directly from the webshop interface.
2.2. When registering on the website and placing an order for goods, the buyer is obliged to correctly and truthfully provide all information. The buyer is obliged to update the information given in their user account in case of any change. The information provided by the buyer in their user account and when placing an order for goods is considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.
2.4. The buyer is not entitled to allow third parties to use their user account.
2.5. The seller may cancel the user account, particularly in the event that the buyer has not used their user account for more than 1 year or if the buyer violates their obligations under the purchase contract (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, particularly with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentations of goods placed in the online interface of the store are of an informational nature, and the seller is not obligated to conclude a purchase agreement regarding this goods. The provisions of § 1732, paragraph 2 of the Civil Code shall not apply.
3.2. The online store interface contains information about the goods, including the prices of individual goods and the costs of returning the goods if this goods cannot be returned by regular mail due to its nature. The prices of the goods are stated including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the online store interface. This provision does not limit the possibility of the seller to conclude a purchase agreement under individually negotiated conditions.
3.3. The online store interface also contains information about the costs associated with packaging and delivery of the goods according to the relevant carrier and delivery location.
3.4. To order the goods, the buyer fills out the order form in the online store interface. The order from contains information about:
3.4.1. the ordered goods (the buyer "places" the ordered goods in the electronic shopping cart of the online store interface),
3.4.2. the payment method of the purchase price of the goods, the information about the desired delivery method of the ordered goods, and
3.4.3. information about the costs associated with delivery of the goods (hereinafter referred to collectively as the "order").
3.5. Before sending the order to the seller, the buyer is given the opportunity to review and modify the information entered into the order, including the possibility for the buyer to check and correct errors in data entered into the order. The order is sent by the buyer to the seller by clicking the "CONFIRM ORDER" button. The information specified in the order is considered correct by the seller. The seller shall promptly confirm receipt of the order to the buyer by electronic mail, at the electronic mail address of the buyer specified in the user account or in the order (hereinafter referred to as the "buyer's electronic address").
3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.7. The contract between the seller and the buyer is established upon delivery of the order acceptance, which is sent by the seller to the buyer by email, to the email address of the buyer.
3.8. The buyer agrees to use remote communication means in connection with the purchase contract. The costs incurred by the buyer in connection with the use of remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.
4. PRICE OF THE GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of the goods according to the purchase agreement can be paid by the buyer to the seller as follows:
- in cash at the seller's premises (Czech Crown)
- in cash on delivery at a location specified by the buyer in the order, or by non-cash payment with a credit card
- non-cash transfer to the seller's account number 2501875656/2010 for payment in CZK, or to the IBAN account CZ3620100000002701207038 for payment in Euros, held at Fio bank (hereinafter referred to as the "seller's account");
- non-cash through the Comgate payment system ;
- non-cash payment by credit card at the seller's premises
4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, it is understood that the purchase price also includes the costs associated with delivery of the goods.
4.3. The seller does not require a deposit or similar payment from the buyer except for goods that are custom made for the buyer, where the seller may set a deposit before the goods are put into production. This deposit is binding and non-refundable. This does not affect the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of cash payment, non-cash payment at the point of sale, or payment on delivery, the purchase price is due upon receipt of the goods. In the case of remote non-cash payment, the purchase price is due within 5 days of the conclusion of the sales contract. In the case of non-payment of the purchase price in the case of remote non-cash payment, we consider this to be a withdrawal from the contract by the buyer.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods along with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
4.6. The seller is entitled, especially in the case of non-confirmation of the order by the buyer (Article 3.6), to require payment of the entire purchase price before the goods are sent to the buyer. The provisions of Section § 2119, Paragraph 1 of the Civil Code do not apply.
4.7. Discounts on goods provided by the seller cannot be combined.
4.8. If the description of goods or prices on the e-shop is clearly incorrect (the error is obvious and is for example caused by a typo or incorrect function of the online tool), the seller is not bound by this.
4.9. If it is customary in commercial practice or if it is established by generally binding legal regulations, the seller will issue an invoice with respect to payments made under the purchase agreement to the buyer. The seller is a value-added tax payer. The seller will issue an invoice to the buyer after the price of the goods has been paid and will send it in electronic form to the buyer's electronic address.
4.10. According to the Act on the Evidence of Sales, the seller is obliged to issue a receipt to the buyer. He is also obliged to record the received revenue with the tax administrator online; in case of a technical failure, then no later than 48 hours.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that under the provisions of section § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase agreement for the supply of goods that have been altered at the buyer's request (custom-made production) or for their person, from the purchase agreement for the supply of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from the purchase agreement for the supply of goods in a sealed package, which the consumer has taken out of the package and cannot be returned for hygiene reasons, and from the purchase agreement for the supply of sound or visual recordings or computer software, if they have breached their original packaging.
5.2. If it is not a case referred to in Article 5.1 of these terms and conditions or another case in which it is not possible to withdraw from the purchase agreement, the buyer has the right to withdraw from the purchase agreement in accordance with section § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from receipt of the goods. In the event that the subject of the purchase agreement is several types of goods or several deliveries, this period shall run from the day of receipt of the last delivery of goods. The withdrawal from the purchase agreement must be sent to the seller within the time frame stated above. The buyer may use the sample form provided by the seller, which can be downloaded at https://mstylemoto.com/complaint-withdrawal, to withdraw from the purchase agreement. The buyer may also send the withdrawal from the purchase agreement to, among other things, the address of the seller's business or the seller's email address email@example.com
5.3. In the event of a withdrawal from the purchase agreement under Article 5.2 of these terms and conditions, the purchase agreement is cancelled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days from receipt of the withdrawal from the purchase agreement by the seller. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned due to their nature by ordinary postal means.
5.4. In case of withdrawal from the purchase agreement in accordance with Article 5.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase agreement to the buyer, in the same manner as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer until the buyer returns the goods or proves its shipment.
5.5. The seller shall return the purchase price and the cost of delivery of the goods to the buyer, but only in the amount corresponding to the cheapest offered method of delivery of the goods. The costs of returning the goods to the seller shall be borne by the buyer.
5.6. The right to compensation for damage caused to the goods, or other monetary claims, is entitled to be offset unilaterally by the seller against the buyer's claim for a refund of the purchase price. The buyer is responsible for returning the goods in a functional, complete and undamaged condition.
5.7. In cases where the buyer has the right to withdraw from the purchase agreement in accordance with Section § 1829 Paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time until the goods are received by the buyer. In such a case, the seller shall return the purchase price to the buyer without undue delay and without cash, to the account specified by the buyer.
5.8. If a gift is provided to the buyer together with the goods, a gift agreement between the seller and the buyer is concluded with the condition of termination, that in case of withdrawal from the purchase agreement by the buyer, the gift agreement regarding such a gift shall cease to be effective and the buyer is obliged to return the gift along with the goods to the seller.
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1. In case the method of transportation is agreed upon based on the buyer's special request, the buyer bears the risk and any additional costs associated with this method of transportation.
6.2. If the seller is obligated to deliver the goods to the location specified by the buyer in the order, the buyer is obligated to accept the goods upon delivery.
6.3. In case it is necessary to deliver the goods repeatedly or in a different manner due to reasons on the part of the buyer, the buyer is obligated to cover the costs associated with the repeated delivery of the goods or the costs associated with the delivery in a different manner.
6.4. Upon receipt of the goods from the carrier, the buyer is obligated to check the integrity of the product packaging and in case of any defects, immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized entry into the shipment, the buyer may not accept the shipment from the carrier. This does not affect the buyer's rights from liability for defects in the goods and other rights of the buyer arising from generally binding legal regulations.
6.5. The parties' additional rights and obligations in the transportation of goods may be governed by the seller's special delivery conditions, if issued by the seller.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the parties with respect to defective performance rights shall be governed by the applicable generally binding legal regulations (in particular, the provisions of sections § 1914 to 1925, § 2099 to 2117 and sections § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The seller shall be liable to the buyer that the goods are free from defects upon delivery. In particular, the seller shall be liable to the buyer that at the time when the buyer received the goods:
7.2.1. the goods have the properties agreed upon by the parties, and in the absence of such agreement, have such properties as the seller or manufacturer described or that the buyer expected based on the nature of the goods and the advertising carried out by them,
7.2.2. the goods are suitable for the purpose indicated by the seller or for which goods of this type are usually used,
7.2.3. the goods comply with the quality or execution agreed upon by sample or model, if the quality or execution was determined by the agreed sample or model,
7.2.4. the goods are of appropriate quantity, measure or weight, and
7.2.5. the goods meet the requirements of legal regulations.
7.3. If a defect appears within six months from delivery, it is considered that the goods were defective already upon delivery.
7.4. The seller is obliged to fulfill obligations of defective performance to at least the same extent as the obligations of the manufacturer of defective performance. Otherwise, the buyer is entitled to exercise the right of defect that occurs in the consumer goods within twenty-four months from the acceptance. If the time for which the goods can be used is indicated on the sold goods, on its packaging, in the manual attached to the goods, or in advertising in accordance with other legal regulations, the provisions of the quality warranty will apply. The quality warranty obliges the seller to guarantee that the goods will be suitable for use for a certain period of time for their usual purpose, or that they will retain their usual properties. If the buyer has rightfully pointed out a defect in the goods to the seller, the time limit for exercising the rights of defective performance and the warranty period will not run during the time the buyer cannot use the goods due to the defect.
7.5. The provisions specified in Article 7.4 of the business terms and conditions shall not apply to goods sold at a lower price for the defect for which the lower price was agreed upon, to wear of goods caused by its normal use, to used goods for defects corresponding to the degree of use or wear that the goods had at the time of acceptance by the buyer, or if it arises from the nature of the goods. The right of defective performance does not belong to the buyer if the buyer knew of the defect before taking possession of the goods, or if the buyer caused the defect.
7.6. The rights to liability for defects of goods shall be exercised at the seller's. However, if another person designated for repairing defects (in accordance with the provisions of Section § 2166 of the Civil Code) is indicated in the confirmation issued to the seller, the buyer shall exercise the right to repair from that person designated to perform the repair who is closer to the seller or to the buyer. Unless another person is designated for the repair under the previous sentence, the seller is obliged to accept the complaint at any establishment where acceptance of the complaint is possible with respect to the range of products sold or services provided, or at the headquarters or place of business. The seller is obliged to issue the buyer with a written confirmation of when the buyer exercised his right, what the content of the complaint is, and what method of processing the complaint the buyer requires; and further confirmation of the date and method of processing the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated by the seller to perform the repair.
7.7. The buyer may specifically exercise the rights to liability for defects of goods in person at M-Style Spojovací 182/11, Prague 9-Vysočany, 19000, by telephone at +420606415315, or by email at firstname.lastname@example.org.
7.8. The buyer shall inform the seller of the right chosen when reporting the defect, or without undue delay after reporting the defect. The buyer cannot change the choice made without the seller's consent; this does not apply if the buyer requested the repair of a defect that turns out to be unrepairable.
7.9. If the goods do not have the properties specified in Article 7.2 of the terms and conditions, the buyer may request a new defect-free product if it is not unreasonable in view of the nature of the defect. However, if the defect concerns only a part of the product, the buyer may request only the replacement of that part; if this is not possible, the buyer may withdraw from the contract. If, however, it is unreasonable in view of the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to have the defect removed free of charge. The right to receive a new defect-free product or to replace a part of it also belongs to the buyer in the case of a removable defect if the product cannot be properly used due to repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to receive a new defect-free product, to replace its part, or to repair the product, the buyer may request a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot deliver a new defect-free product, replace its part or repair the product, or if the seller fails to remedy the situation within a reasonable time or if doing so would cause the buyer significant inconvenience.
7.10. The right to claim compensation for expenses incurred in exercising the right under section § 1923 of the Civil Code also belongs to the person who has the right under that section. However, if the right to compensation is not exercised within one month after the deadline for pointing out the defect, the court will not grant the right if the seller claims that the right to compensation was not exercised in a timely manner.
7.11. Further rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure.
8. FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
8.2. The seller is not bound by any codes of conduct towards the buyer under the provisions of Section § 1826, paragraph 1, letter e) of the Civil Code.
8.3. The seller shall handle consumer complaints through the electronic address email@example.com. The seller shall send information about the resolution of the complaint to the buyer's electronic address.
8.4. The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, Trade registry ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent to resolve consumer disputes arising from the purchase agreement. The dispute resolution platform available at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase agreement.
8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is a contact point in accordance with Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Online Dispute Resolution Regulation).
8.6. The seller is authorized to sell goods based on a business license. The relevant trade office carries out business control within its competence. The Office for the Protection of Personal Data is responsible for supervision in the field of personal data protection. The Czech Trade Inspection Authority carries out supervision, among other things, over compliance with the Consumer Protection Act No. 634/1992, as amended.
8.7. The buyer hereby assumes the risk of change of circumstances under Section § 1765, paragraph 2 of the Civil Code..
9.1. Delivery may be made to the buyer's electronic address.
10. FINAL PROVISIONS
10.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law by the previous sentence does not deprive the buyer who is a consumer of the protection provided by the provisions of the legal system from which it cannot be contractually deviated, and which would otherwise be applied under Article 6, paragraph 1 of Regulation (EC) No. 593/2008 of the European Parliament and Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.2. If any provision of the terms and conditions is invalid or ineffective, or becomes such, instead of the invalid provisions, provisions whose meaning comes as close as possible to the invalid provisions shall apply. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.3. The purchase contract including the terms and conditions is archived by the seller in electronic form and is not accessible, the terms and conditions are sent to the buyer's email address.
10.4. Contact details of the seller: delivery address M-style Spojovací 182/11 Prague 9 - Vysočany 190 00, email address firstname.lastname@example.org, phone +420 606 415 315
In Prague, 13 February 2023