Terms & Conditions | ROTOmotor
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BUSINESS TERMS AND CONDITIONS

CONTACT INFORMATION

Name: ROTOmotor s.r.o. 
Registered office: Zbečník 259, 549 31 Hronov, Czech Republic
Company Reg. No.: 25279874. Registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, File 12538
Email: rotomotor@rotomotor.cz

           info@rotomotor.cz
Contact address: ROTOmotor s.r.o., Zbecnik 259, 549 31 Hronov.
The Seller undertakes to respond to written or electronic correspondence from the Buyer without undue delay, but no later than within five business days.

INFORMATION

The information about the goods and prices as given by the Seller are binding, except in the case of an obvious mistake.Prices are inclusive of all taxes (such as VAT) and charges are shown in the order summary.
Information on accepted payment methods (the seller does not charge any fees depending on the payment method):

  • advance payment - by credit card

  • advance payment - by PayPal
     

Any confirmation of the content of a contract that was concluded in another form than in writing, containing differences from the actually agreed content of the contract, will not be legally effective.  

The images displayed at the eshop websites correspond to the sold goods, but they may differ in the colour or size of a product, or in another detail which does not affect the product function.

SHIPPING AND DELIVERY

Delivery time varies for each product based on availability. The expected delivery time after sending the goods is indicated for each product when ordering at https://www.rotomotor.cz. If your order contains several products, the estimated delivery time will depend on the product that will take the longest. We do not separate orders or combine products and do not ship before the estimated shipping time. If you would like to receive the products individually as they become available, please order them separately.

Detailed information can be found in the Shipping and delivery section

ORDER CANCELLATION AND CONTRACT TERMINATION

The buyer can withdraw from the contract within 14 days of taking over the goods or the last part of the delivery, regardless of the method of taking over the goods and the method of payment.
If the buyer withdraws from the contract, he is obliged to send or hand over the goods back to the seller within 14 days. The buyer does not have to state the reason for withdrawing from the contract. In order to facilitate communication, it is a good idea to state the date of purchase or the order number, possibly the sales document, bank details and the selected method of returning the goods in the notice of withdrawal.
If the price of the goods is returned by bank transfer, it is free of charge.
The seller is obliged to return the full price of the goods to the buyer within 14 days of receiving the returned goods, in the same way as was used when paying for the goods by the buyer. The goods should be returned to the seller complete, in the original packaging and should not show signs of wear or damage. The cost of transporting the goods back to the seller is paid by the buyer.
If the customer has chosen and subsequently received goods that are not suitable for him, the seller will send the buyer, if possible, new suitable goods. In such cases, only postage according to the price list and any difference in the price of the new goods will be charged.
If the returned goods are damaged because the buyer has breached his obligations, the seller is entitled to make a claim for compensation for the reduction in the value of the goods and count it towards the refund.

RIGHTS AND DUTIES IN THE CASE OF DEFECTIVE DELIVERY

  • QUALITY ON DELIVERY

If any goods received contain defects (for example do not have the agreed or expected properties, or are not suitable for the standard or agreed purpose, or are not complete, or a different quantity of goods was delivered, or the quality does not comply with other legal, contractual or pre-contract parameters), the Seller assumes liability for such defects. 
The Buyer can claim that the Seller should eliminate the defects free of charge or a reasonable discount from the price within two years from receipt of the goods. If it is not inadequate with respect to the nature of a defect (particularly if a defect cannot be eliminated without undue delay), the Buyer can claim delivery of a new product free of defects, or a new part of the product free of defects if only a part of the product is defective. 
If a repair or replacement of the goods is not possible, the Buyer can terminate the contract and claim that the full price of the goods be refunded.  
The Seller is not obligated to satisfy the Buyer's claim if it is proven that the Buyer knew that the goods were defective before their acceptance, or if the Buyer caused the defect. ​

  • LEGAL RIGHTS ARISING IN THE CASE OF DEFECTS 

The Seller is liable for defects in the goods upon their acceptance for a 24-month warranty period, or for a shelf life as specified in advertisements, on the package of the goods, or in the attached instructions. Within these periods, the Buyer can make a complaint and if the discovered defect means a major breach of the contract (irrespective of whether the defect is reparable or not), the Buyer can claim: 

  1. delivery of a new product free of defect, or delivery of a missing product; 

  2. repair of defective goods free of charge; 

  3. reasonable discount from the purchase price; or 

  4. refund of the purchase price on the basis of the contract termination.

If a reparable defect occurs repeatedly after a repair (the third complaint about the same defect or the fourth complaint about different defects), or if the goods contain several defects (at least three defects simultaneously), the Buyer can exercise the right to a discount from the purchase price, to replacement of the goods, or may terminate the contract. The Seller is not liable for defects resulting from ordinary wear and tear, or from not keeping the instructions for use. 

  • HANDLING COMPLAINTS

The Buyer has to file a complaint to the Seller or person authorized to repair defective goods without undue delay after establishing a defect. If the Buyer files a complaint in writing or by e-mail, he should give his contact details, describe the defect and specify the way in which the complaint should be resolved.
When reporting a defect, or without undue delay afterwards, the Buyer has to notify the Seller of the right he intends to exercise. The Buyer can only change his request for settling a claim without the Seller's approval if the Buyer asked for a repair of a defect which showed to be irreparable.  
The Buyer has to prove that he purchased the goods (preferably by a certificate of the purchase). The period for settlement of a claim commences on the day that the goods are handed over/delivered to the Seller, or to the determined place where the goods should be repaired. For transport, the goods should be packed in a suitable package to prevent any damage, and should be clean and complete.  
The Seller has to decide on the way in which a complaint should be settled within 30 days from making the complaint. The Seller will also notify the Buyer of whether an expert opinion is required within that period. Complaints, including elimination of defects, must be settled by the Seller without undue delay, no later than within 30 days from their receipt. After expiry of this period, the Buyer has the same rights as if the contract was materially breached. 
Should the Seller refuse to eliminate a defect, the Buyer can claim a reasonable discount from the price, or terminate the contract. 
The warranty period will be extended by a period from filing a complaint till the complaint is settled, or till the Buyer was obligated to pick up the goods. If goods or a portion thereof are replaced, the Seller's liability will apply as if new goods or a portion thereof were bought. 
If it is not possible to monitor the progress of handling a complaint on-line, the Seller undertakes to notify the Buyer of whether the Buyer's complaint is settled as requested by the Buyer by e-mail or SMS. ​

PROTECTION OF PERSONAL DATA

The Buyer agrees that any personal data provided by him would be processed and stored by the Seller in accordance with the Personal Data Protection Act (No. 101/2000 Coll.) for the fulfilment of the subject matter of the contract. The Buyer is entitled to be informed about the nature of the data filed about him by the Seller, and to change such data, or possibly to disagree with their processing. The protection  of personal data is supervised by the Office for Personal Data Protection. 
The Seller undertakes not to disclose the Buyer's personal data to other third parties than to the contractual carrier so that the carrier could deliver the goods. 
The Seller will allow purchases without registration, and the data of the buyers who are not registered will only be used for the fulfilment of the subject matter of the contract, not for marketing or business purposes. 
The Seller is only entitled to send his promotional materials to the Buyer if the Buyer actively asks for such services, and only till the Buyer notifies the Seller that he intends to terminate such services. The Buyer can notify the Seller of such a fact at the e-mail address obtained in relation to the fulfilment of the contract, without any costs incurred by the Buyer.

DISPUTE RESOLUTION

Mutual disputes between the Seller and the Buyer will be resolved by ordinary courts having local jurisdiction. The fulfilment of the duties under Act. 634/1992 Coll., on Consumer Protection, as amended, is supervised by the Czech Trade Inspection Authority (www.coi.cz).

MISCELLANEOUS

For the purposes of these Business Terms and Conditions, the Buyer means a consumer who is an individual and who in contrast to the Seller does not make a deal as part of his business or self-employment when entering into and performing the contract. For the purposes of these Business Terms and Conditions, the Seller means an entrepreneur who in contrast to the Buyer makes a deal as part of his business or self-employment when entering into and performing the contract. Any issues not detailed herein will be governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legal regulations, as amended.  The contract and issues related to the contract are governed by Czech law. 

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