1. General Provisions
General business conditions disclosed on this website (hereinafter referred to as “VOP”) apply to purchases through the e-shop www.dafitmotoracing.com and form an integral part of the purchase contract concluded. The operator of the internet shop www.dafitmotoracing.com is DAFIT Motoracing s.r.o., seated in Dobronická 778, 148 00 Prague 4, Company registration no.: 02013002, VAT no.: CZ02013002, registered at the Municipal Court in Prague, Section C, File no. 213019. VOP govern the relations between the purchaser and the seller, in the area of sales of goods between DAFIT Motoracing s.r.o. (hereinafter also referred to as the “Seller”) and its business partners (hereinafter also referred to as the “Purchaser”).
The Purchaser has an access to these VOP and may thus become familiar with them before placing an order. By placing an order, the Purchaser confirms that he/she was acquainted with these VOP, which also include a complaints procedure, and agrees with them.
All contractual relations are entered into in compliance with the legislation the Czech Republic. If the contractual party is a consumer, relations are governed by Act No. 40/1964 Coll., the Civil Code, and Act No. 634/1992 Coll., the Consumer Protection Act. If the contractual party is an entrepreneur, relations not governed by business conditions are governed by Act No. 513/1991 Coll., Act No. 513/1991 Coll., the Commercial Code, as amended.
Consumer agreement is a purchase contract, contract for work, or other contracts, if their contractual parties are the consumer on the one hand, and the supplier on the other.
The Seller is an entity acting within its business or other entrepreneurial activity when entering into and executing the contract. It is an entrepreneur who supplies products or renders services to the Purchaser directly or through other entrepreneurs. In relations which these VOP apply to it is:
DAFIT Motoracing s.r.o., Dobronická 778, 148 00 Praha 4
VAT no.: CZ02013002
Acc. no. : 216181090/0600 at GE Money Bank
The customer of our Internet shop is the Purchaser. With respect to the valid legislation, the Purchaser who is a customer and the Purchaser who is not a customer are distinguished.
The Purchases-customer is a physical entity acting within its business or other entrepreneurial activity when entering into and executing the contract.
The Purchases-non customer (hereinafter "the Purchaser, not the Customer") is an entity acting within its business or other entrepreneurial activity when entering into and executing the contract. This Purchaser is governed by business conditions to the extent which apply to him/her, and by the Commercial Code.
3. Business Hours
Orders through the internet shop at the address www.dafitmotoracing.com may be placed 7 days a week 24 hours a day. The goods are distributed on business days only, within business hours from 09:00 a.m. to 05:00 p.m.
4. Orders and Prices
The Purchaser shall submit his contact information to the Seller, which is necessary for trouble-free processing of the order. The Purchaser shall eventually also supplement data required by him in purchase documents.
The Purchaser is acknowledges that by purchasing products stated in the business offer of the Seller, no rights arise to the Purchaser related to the use of registered trademarks, business names, company logos or patents of the Seller or other companies.
Each order sent by the Purchaser is considered a binding offer to enter into a purchase contract. The purchase contract is established at the moment when the proposal is confirmed by the Seller, which the Purchaser shall receive without unnecessary delay at the e-mail address specified. The contract entered into (including the agreed price) can be modified or cancelled based on an agreement of both parties or based on the law only. Reference to current VOP wording is an appendix to order confirmation. We suggest that the Purchaser puts these business conditions safely aside, in case a dispute later arises regarding their content at the time the contract was entered into.
For the purpose of the purchase contract, the valid goods offer, including the purchase price disclosed on the server at the time the order, is sent by the Purchaser. The electronic order validity is subject to completion of all prescribed details and particulars in the order form. If the customer requests lower price, he/she may ask for it electronically, by phone, or in person - however always prior to placing his/her order.
The goods order may be placed using the following methods:
- through the internet shop at the address www.dafitmotoracing.com
- via electronic mail to the address email@example.com
- by phone on 777 771 541, even also as an SMS,
- by personal visit
The contract is entered into in Czech; unless prevented by circumstances on the part of the Seller or Purchaser, the contract may be entered into also in another language understandable to both parties.
Prices are final, i.e. including VAT, or all other taxes and fees, which the consumer must pay in order to acquire the goods.
Before placing an order, the Purchaser may be acquainted with the fact, for what period the offer or price remain in effect (in case of action offers, the validity date is stated on shop websites, this information may also be obtained by phone on 777 771 541.
5. Contradiction with the Purchase Contract
In case the item is at the time of the Purchaser's acceptance not in compliance with the purchase contract (hereinafter referred to as the "Conflict with the Purchase Contract"), the Purchaser is entitled to have the Seller restore the item according to the purchase contract without undue delay, under the Purchaser's request - either by replacement of this kind of item or its repair; if such a procedures is impossible, the Purchaser may ask for a reasonable price reduction of the item, or withdraw from the contract. This does not apply, if the Purchaser was aware of the Conflict with the Purchase Contract before acceptance of the item, or caused the conflict by him/herself.
The Conflict with the Purchase Contract which becomes evident within six months from acceptance of the item is considered in existence at the moment of acceptance, unless it contravenes the nature of the item, or unless otherwise proven.
The Conflict with the Purchase Contract is especially understood as the fact that the item sold has no quality and properties required by the contract, described by the Seller, manufacturer, or their representative, or expected based on their advertising, or the quality and properties usual for this type of item, that it does not comply with the requirements of legislation, it is not in a corresponding amount, volume, or weight, and it does correspond with the purpose, which is stated by the Seller for the use of this item, or for which the item is usually used.
6. Contract Withdrawal, Order Cancellation
The Purchaser is eligible under Sec. 53 par. 7 of the Civil Code to withdraw from the purchase contract within 14 days and return the accepted goods, best in intact and preferably in an intact package, at his/her own expense – he/she is thus eligible to withdraw (we suggest in writing) from the purchase contract concluded without stating reasons and without any sanction whatsoever.
In our shop, the Purchaser may exercise this right within 21 days from acceptance of the order, in the event the contract was entered into by means of distance communication, and the goods was delivered by a transport service. If the Purchaser decides to withdraw from the contract within this extended period, it is necessary to meet the conditions below:
- to send a letter (in writing to the address of the Seller, or in electronic format to the address firstname.lastname@example.org) with information on the Purchaser's intention to withdraw from the purchase contract (i.e. "I hereby withdraw from the purchase contract…“), or to deliver such a letter in person to the shop, if possible stating the number of the purchase contract (invoice number), the Purchaser's bank account number (if you request repayment of the purchase price to your account, otherwise please state your address for purchase price repayment using a money order), date, and signature,
- the goods must be delivered to the address DAFIT Motoracing s. r. o., Dobronická 778, 148 00 Prague 4 together with a copy of the letter mentioned; the goods sent back to the address of the Seller must be in the original, possibly intact package, best unpacked, it must not show signs of use, must be undamaged and complete, if possible together with a copy of the proof of payment; the goods may not be sent using the collect on delivery method (in such case, it will not be picked up); we suggest effect insurance for the goods; the goods may also be delivered to the shop in person,
- upon meeting all conditions for the return of the goods, we will send back the money for the goods or its portion (corresponding with the purchase price paid for the goods reduced by the amount proportional to the wear, or by expenses spent actually in connection with the goods’ return) by transfer to the Purchaser's bank account, via money order to the Purchaser's address, or we will hand the money over to the Purchaser in our shop, no later than within 30 business days after physical receipt of the goods,
- in case of failure to meet any of the above necessary conditions, the Purchaser may not accept withdrawal from the contract in the extended period (15 - 21 days) provided on the Seller's part, and the goods will be returned back at the expense of the Seller; the Seller is in such case eligible to charge the Purchaser the potential further expenses incurred.
The Purchaser-consumer cannot not withdraw from contracts in the following cases:
- for services, if their execution started with the Purchaser's consent before expiration of the 14-day period from acceptance of the execution,
- for the delivery of goods or services, the price of which depends on fluctuation of the money market independently of the supplier's will,
- for the delivery of goods modified according to the consumer's request or for his entity, and also the goods liable to quick spoilage, wear, or obsolescence,
- for the delivery of audio and video recordings and computer software, if the consumer disturbed its original package,
- for the delivery of newspapers, periodicals, and magazines,
- based on a game or lottery.
The Seller may withdraw from the contract if the goods are sold out, are impossible to acquire within 31 days from acceptance of the order, or if there is an apparent error in presentation of the discount price of the goods on the Seller's website, assuming that the apparently unreasonable price or discount are not accompanied with "action" or "action offer" indications.
7. Payment Conditions and Ownership Right
The payment for the goods ordered can be made using the following methods:
- in cash in case of goods collection in person,
- in cash when the goods are delivered COD (collect on delivery; the cash is collected by transporter's worker),
- by bank transfer,
- through on-line banking of selected banks
The ownership right to the goods is passed on to the Purchaser upon acceptance of the goods, when the purchase price is paid. The payment day is the day when the amount of the purchase price incl. VAT is credited to the Seller's bank account, or the day of payment in cash.
8. Delivery Conditions
The goods may be delivered to the customer as follows:
- delivery in person by the Seller's employee,
- consignment through Česká pošta as a commercial package,
- consignment through PPL,
- the Purchaser's collection in person at any of the Seller's branch.
The price for delivery is stated at www.dafitmotoracing.com .
An incomplete or damaged shipment must be reported without undue delay to the address email@example.com. In case of a damaged shipment, it is necessary to draw up a damage report with the transporter and send it immediately to the Seller.
9. Warranty Conditions
On the consumer's request, the Seller is obliged to provide a written warranty (certificate of guarantee). If the nature of the item allows, it is sufficient to issue a purchase document to the Purchaser, stating the information obligatory for the certificate of guarantee. If the warranty period provided is longer than the statutory warranty, the Seller will define conditions and extent of the extended warranty in the certificate of guarantee. The certificate of guarantee must include the name and surname, title or company of the Seller, company registration no. in case of a legal entity or a national ID no. in case of a natural person, registered office in case of a legal entity, or residential address in case of entity natural person.
Warranty conditions are governed by the Complaints Procedure of the Seller and the valid legislation of the Czech Republic. The purchase document (invoice) serves as a certificate of guarantee in case such a certificate is not issued.
10. Personal Data Protection
The Seller declares that all personal data provided by the Purchaser will be used for processing of the Purchaser's order. They will not be disclosed or provided to third parties under any circumstances whatsoever. The only exception might be formed by situations related to the distribution or payment system regarding the goods ordered. Information on customers is kept in compliance with the valid legislation of the Czech Republic, in particular with Act No. 101/2000 Coll., on Personal Data Protection, as amended. By signing the contract, the Purchaser agrees with the processing and collection of his/her personal data in the database of the Seller after successful performance of the contract, until the moment when he/she expresses his/her written disagreement with such processing. The Purchaser is entitled to access his/her personal data and correct them, and has all other statutory rights to these data. Personal data may be deleted from our database on the customer's written request. Personal data of customers are fully secured against misuse and/or abuse. The supplier shall not provide personal data of customers to any other third party. The only exception is represented by external transporters who receive personal data of customers to the minimum extent necessary for the delivery of goods. Individual contracts are archived upon being entered into by an operator in electronic format and accessible to the shop operator only.
The Purchaser agrees that the e-mail address provided by him/her may be used for the distribution of commercial messages of the Seller in compliance with registration conditions. The Purchaser is however eligible to reject the further sending of such messages at any time.
11. Final Provisions
These VOP come into effect on 02.10.2013 and make null and void all previous provisions and conventions. The Seller reserves the right to change these VOP without previous notification (which however has no effect on orders completed before; VOP version effective at the time of contract conclusion applies to them).
These VOP were approved on behalf of DAFIT Motoracing s. r. o. by:
David Ouředníček, Company Executive