Terms and Conditions
TATRA TRUCKS, a.s., with registered office at Areál Tatry 1450/1, 742 21 Kopřivnice, Company ID: 01482840, registered in the Commercial Register kept at the Regional Court in Ostrava, volume B, file 10443 for the sale of goods through the on-line shop (e-shop) located at the Internet address https://www.tatra-store.cz
Introduction provisions
1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of TATRA TRUCKS, a.s. with registered office at Areál Tatry 1450/1, 742 21 Kopřivnice, Company ID: 01482840, registered in the Commercial Register kept at the Regional Court in Ostrava, Volume B, file 10443 (hereinafter referred to as the "Seller") regulate in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), Act No. 634/1992 Coll, on consumer protection, and other effective legislation, the parties' mutual rights and obligations arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person or legal entity (hereinafter referred to as the "Buyer") through the Seller's online store. The Seller operates the online shop through a website at https://www.tatra-store.cz (hereinafter referred to as the "Website"), through a website interface (hereinafter referred to as "e-shop web interface").
1.2. By entering into the Purchase Contract, the Buyer declares that they purchase the Goods exclusively for their personal use, and acknowledges that without written consent they are not entitled to resell the Goods from e-shop https://www.tatra-store.cz/ for business purposes or making profits.
1.3. Divergent provisions agreed upon in the Purchase Contract shall prevail over the Terms and Conditions.
1.4. These Terms and Conditions form an integral part to the Purchase Contract. The Purchase Contract and the Terms and Conditions are prepared in the Czech language, and the Purchase Contract may only be concluded in Czech. The Buyer, who has a permanent residence in a Member State of the European Union outside the territory of the Czech Republic, or who is a citizen of a Member State of the European Union outside the territory of the Czech Republic, agrees to conclude the Purchase Contract in the Czech language.
1.5. The Seller shall have the right change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising after the effective period of the previous version of the Terms and Conditions.
User Account
2.1. Based on the Buyer's registration made on the website, the Buyer shall have the right to access their user interface. The Buyer shall order the Goods from their user interface (hereinafter referred to as the "User Account"). Should the e-shop web interface allow so, the Buyer shall also order the Goods without signing in, directly from the e-shop web interface.
2.2. When registering on the website and when ordering goods, the Buyer shall provide all information correctly and truthfully. The Buyer shall keep the data specified in the user account update upon any change thereto. The Seller shall deem the data specified by the Buyer in the user account and when ordering the Goods to be correct.
2.3. Access to the user account is secured by a username and password. The Buyer shall maintain confidentiality regarding the information necessary to access their user account.
2.4. The Buyer is not entitled to enable a third party to use the user account.
2.5. The Seller shall be entitled to cancel the user account, and that particularly in the event that the Buyer has not used their user account for more than 2 years, or should the Buyer breach their duties arising from the Purchase Contract (including the Terms and Conditions).
2.6. The Buyer understands that the user account may not always be accessible, and that particularly with respect to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of the third party’s hardware and software equipment.
Conclusion of the Purchase Contract
3.1. All presentations of the Goods placed in the e-shop web interface are informative and the Seller shall not be obliged to conclude a Purchase Contract regarding the respective Goods. The provisions of section 1732 par. 2 of the Civil Code shall not apply.
3.2. The e-shop web interface contains information about the Goods and their purchase, including the prices of the individual Goods, the costs associated with delivery and their return, if the Goods by their nature cannot be returned by normal postal means. The Goods prices listed include the value added tax and all related charges. The prices of the Goods remain valid as long as they are displayed in the e-shop web interface. This provision does not limit the Buyer’s option to conclude a Purchase Contract under individually negotiated conditions.
3.3. The e-shop web interface shall also contain information on the costs associated with the Goods packaging and delivery.
3.4. To order the Goods, the Buyer shall fill in the order form in the e-shop web interface. In particular, the order form contains the information about:
3.4.1. ordered Goods (the Buyer shall add the ordered goods into an electronic shopping cart of the e-shop web interface),
3.4.2. method of payment of the purchase price, details of the desired delivery method of the ordered Goods and
3.4.3. the information on the costs associated with the delivery of the Goods (hereinafter collectively referred to as the "Order").
3.5. Before sending the Order to the Seller, the Buyer shall be allowed to check and modify the data entered into the Order by the Buyer, even with regard to the Buyer’s option to detect and correct errors occurred during data entry into the Order. The Buyer shall sends the Order to the Seller by clicking on the "Order" button. The Seller shall deem the data specified in the Order to be correct. Immediately upon receipt of an order, the Seller shall confirm the receipt to the Buyer by e-mail, at the e-mail address listed in the Buyer's user account or in the Order (hereinafter referred to as the "Buyer's electronic address").
3.6. The Seller shall always be 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 (e.g. in writing).
3.7. The contractual relationship between the Seller and the Buyer arises upon the Order acceptance confirmation to be sent by the Seller to the Buyer’s e-mail address.
3.8. The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer by using a means of distance communication in connection with concluding the Purchase Contract (the cost of Internet access, telephone costs) shall be borne by the Buyer.
Price and Payment Terms
4.1. The Buyer shall have the right to pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways: in cash on delivery at the place specified by the Buyer in the order; cashless by credit card;
4.2. Along with the Purchase Price, the Buyer shall pay the costs associated with packaging and delivery of the Goods at an agreed rate. Unless expressly stated otherwise, the Purchase Price includes the costs associated with the Goods packaging and delivery.
4.3. The Seller shall not require a deposit (advance payment) or other similar payment from the Buyer. This is without prejudice to the provisions of Art. 4.5 of the Terms and Conditions concerning the obligation to pay the Purchase Price in advance.
4.4. For payment on delivery, the purchase price shall be payable upon receipt of the Goods. In the case of cashless payment, the Purchase Price shall payable upon payment execution.
4.5. The Seller shall be entitled, in particular where there is no additional order confirmation by the Buyer (Article 3.6), to require payment of the full purchase price before the Goods are dispatched to the Buyer. The provisions of section 2119 par. 1 of the Civil Code shall not apply.
4.6. Any discounts from the price of the Goods provided by the Seller to the Buyer can not be combined.
4.7. The Seller shall issue a tax document (invoice) to the Buyer in respect of payments made under the Purchase Contract. The Seller is VAT registered. The Seller shall issue the tax document (invoice) to the Buyer after payment of the price of the Goods and send it electronically to the Buyer's e-mail address.
Purchase Contract Termination
5.1. The Buyer acknowledges that the Purchase Contract cannot be terminated, among others, where the Goods have been adjusted to meet the Buyer’s or their staff wishes, or where the Goods are subject to rapid deterioration, as well as the Goods that were irrevocably mixed with other goods after delivery, or where the consumer removed the Goods from the sealed packaging and they can not be returned for hygienic reasons, or where the Goods are audio or video recordings or computer program and their original packaging have been broken.
5.2. Unless the case referred to in Article 5.1 or any other case where the Purchase Contract cannot be terminated, the Buyer shall be entitled, in accordance with the provisions of Section 1829 par. 1 of the Civil Code, to terminate the Purchase Contract within fourteen (14) days of the receipt of the Goods, where in the case the Purchase Contract covers several types of Goods or supplies of several portions, this period shall lapse from the date of receipt of the final delivery. The Contract termination notice must be sent to the Seller within the period mentioned in the previous sentence. To terminate the Purchase Contract, the Buyer can use the sample form located on the website. The Buyer shall be entitled to send the termination notice, among others, to the address of TATRA TRUCKS, a.s. with its registered office at Areál Tatry 1450/1, 742 21 Kopřivnice (hereinafter referred to as the "Seller's premises") or to the Seller's electronic mail address store@tatra.cz.
5.3. Should the Purchase Contract be terminated pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall fully be cancelled from the beginning. The Goods shall be returned within fourteen (14) days from the termination. Should the Buyer terminate the Contract, the Buyer shall bear the cost of returning the Goods to the Seller, even where the Goods cannot be returned via usual mail due to their nature.
5.4. The Buyer shall return the Goods to the Seller undamaged, unworn and uncontaminated and, if possible, in their original packaging. The Seller shall be entitled to unilaterally set off the claims for liquidated damages caused to the Goods against the Buyer’s claim to refund the Purchase Price.
5.5. In case of Contract termination pursuant to Art. 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days from the Contract termination by the Buyer, in the same way as the Seller received them from the Buyer. The Seller shall also be entitled to return the funds provided by the Buyer upon returning the Goods by the Buyer or otherwise, providing the Buyer agrees with it and no additional costs incur to the Buyer. Should the Buyer terminate the Purchase Contract, the Seller shall not be obliged to return the received funds to the Buyer before the Buyer returns the goods or demonstrates that the Goods have been sent to the Seller.
5.6. The Seller shall be entitled to terminate the Purchase Contract due to stock-outs, unavailability of the Goods or when the manufacturer, importer or supplier of the Goods has discontinued production or importation of the Goods. The Seller shall promptly inform the Buyer at the Buyer's electronic address and shall return all funds, including delivery costs, received from the Buyer under the Purchase Contract within 14 days of the notice of cancellation in the same manner or in the manner specified by the Buyer, as the case may be.
5.7. The Seller shall be entitled to terminate the Purchase Contract at any time until the Buyer has accepted delivered Goods. In such a case, the Seller shall return to the Buyer the Purchase Price, without undue delay, via a bank transfer to an account designated by the Buyer.
5.8. Should a gift be provided to the Buyer along with goods, a gift contract shall be concluded between the Seller and the Buyer with a resolutive condition that if the Purchase Contract is terminated by the Buyer the gift contract regarding such a gift shall no longer be effective and the Buyer shall also return the provided gift along with the goods to the Seller.
Goods transport and delivery
6.1. The Buyer shall be entitled to use the following Goods delivery or transport methods:
- a) use of the services of carriers within the territory of the Czech Republic according to the order form offer in the e-shop web interface at the prices specified therein;
- a) use of the services of a mail-order company within the territory of the Czech Republic according to the order form offer in the e-shop web interface at the prices specified therein;
- c) based on mutual agreement between the Buyer and the Seller, personal collection at the Seller's premises without charge;
- d) based on mutual agreement between the Buyer and the Seller, other than the offered method of delivery of goods to the Buyer according to the Buyer's request, with the Buyer bearing the risk and normal and additional costs associated with this delivery method.
6.2. Should the Seller be obliged under the Purchase Contract to deliver the Goods to the location specified by the Buyer in the purchase order, the Buyer shall accept the Goods upon delivery.
6.3. Should the Goods need to be delivered repeatedly or in any other way than stated in the order for the reasons on the Buyer’s side, the Buyer shall to pay the costs associated with repeated delivery of the Goods, or the costs associated with another delivery method.
6.4. The Buyer shall check the integrity of the Goods packaging upon receiving the Goods from the carrier, and immediately notify the carrier in case of any defects found out. Should a broken packaging be found out, indicative of intrusion into the shipment, the Buyer shall be entitled to refuse accepting the Goods from the carrier.
6.5. Other rights and obligations of the parties in the transport of the Goods can be governed by the Seller’s specific delivery conditions, if issued the Seller.
Rights of defective performance
7.1. The Parties’ rights and obligations regarding defective performance are governed by generally binding regulations (in particular, the provisions of Sections 1914-1925, 2099-2117 and 2161 to 2174 of the Civil Code).
7.2. The Seller shall be liable to the Buyer that the Goods are free from defects on receipt. In particular, the Seller shall be liable to the Buyer for the following at the time when the Buyer accepted the Goods:
7.2.1. the Goods shall have qualities that the Parties have agreed upon, and should an agreement not be made, the Goods shall have the characteristics described by the Seller or the manufacturer, or expected by the Buyer given the nature of the Goods and based on related advertising,
7.2.2. the Goods shall be fit for the purpose which the Seller declares or for which the goods of the same type are normally used,
7.2.3. the Goods shall match the agreed sample or template through their quality or design, if their quality or design have been specified in accordance with the agreed sample or template,
7.2.4. the Goods shall be in the conforming quantity, measure or weight and
7.2.5. the Goods shall comply with the legal requirements.
7.3. The provisions referred to in Art.7.2 of the Terms and Conditions shall not apply to the Goods sold at a lower price due to a fault for which the lower price was negotiated, due to wear and tear of the Goods caused by normal use, for the used Goods due to a fault corresponding to the use or wear that the Goods had when received by the Buyer, or if implied by the nature of the Goods.
7.4. Should a defect show up within six months from the receipt, it shall be assumed that the Goods were defective at the time of the receipt. The Buyer shall be entitled to exercise the right of defect that would occur in consumer goods during 24 months after the receipt.
7.5. The Buyer shall exercise the rights arising from the defective performance at the Seller's business address, or at the Seller's registered office or place of business. The moment when the Seller receives notification from the Buyer of the defect of the Goods complained of and the Goods to which the defect relates shall be considered to be the moment of claim application.
7.6. If the Goods are defective, the Buyer shall be entitled to demand delivery of new Goods without defects, unless this is unreasonable in view of the nature of the defect, but if the defect relates only to a part of the Goods, the Buyer shall be entitled only to demand replacement of the part, repair of the Goods or a reasonable discount on the purchase price. The Buyer shall also be entitled to the delivery of new Goods or the replacement of a component part in the case of a removable defect if the Goods cannot be used properly due to the recurrence of the defect after repair or due to a higher number of defects. In such a case, as in the case of a material breach of contract, the Buyer shall be entitled to terminate the Contract.
7.7. The Seller shall decide on the claim immediately, in complex cases within three working days. This time limit does not include the time required for a professional assessment of the defect, which is reasonable according to the type of Goods. The complaint, including the removal of the defect, shall be settled without delay, within 30 days of the date of the complaint at the latest, unless the Seller and the Buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the Buyer shall be entitled to terminate the Purchase Contract.
Other rights and obligations of the Parties
8.1. The title to the Goods shall be transferred to the Buyer upon full payment of the Purchase Price of the Goods.
8.2. The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 par.1, letter e) of the Civil Code.
8.3. In the event of a dispute between the Buyer as a consumer and the Seller, the Buyer shall also have the right to use the possibility of out-of-court dispute settlement. In such a case, the Buyer shall be entitled to contact an out-of-court dispute resolution body, which is the Czech Trade Inspection Authority (http://www.coi.cz) and follow the rules set out there. For more information on out-of-court dispute resolution see also the website of the Czech Trade Inspection Authority.
8.4. The Seller is authorized to sell the Goods on the basis of a trade licence. The Trade Office shall carry out the trade control out under their authority. The Office for Personal Data Protection shall supervise the privacy. The Czech Trade Inspection performs, among others within the defined scope, the supervision over compliance with Act no. 634/1992 Coll., regarding consumer protection, as amended.
8.5. The Buyer hereby assumes the risk of change of circumstances within the meaning of § 1765 (2) of the Civil Code.
Personal data protection
9.1. The Seller complies with the relevant legislation on the protection of personal data, including the regulation in Act No. 119/2019 Coll. on the processing of personal data and 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 (hereinafter referred to as the "GDPR").
9.2. The Seller, as a personal data controller, processes only the Buyer's personal data - name and surname, delivery address, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as "personal data") provided by the Buyer for the purpose of exercising the rights and obligations under the Purchase Contract and/or for the purpose of maintaining the User Account, due to legal requirements.
9.3. With the Buyer's consent, the Seller shall also be entitled to process the Buyer's personal data for the purpose of sending information and commercial communications to the Buyer. The Buyer shall have the right to withdraw consent at any time. Failure to grant or withdrawal of consent to the processing of personal data in its entirety pursuant to this article or objection to such processing shall not affect the validity of the Purchase Contract or the possibility to conclude the Purchase Contract.
9.4. The Buyer acknowledges that they are obliged to correctly and truthfully submit the personal data (for signing in/registration, on their user account, when ordering from the e-shop web interface) and without undue delay they shall inform the Seller about any change in their personal data.
9.5. The Seller may delegate the processing of the Buyer's personal data to a third party as a processor. The Seller shall not pass the personal data without the Buyer's prior consent to third parties except for the persons transporting the Goods.
9.6. The personal data will be processed in accordance with the applicable legal regulations and for the period of time necessary to achieve the purpose for which it was gathered. The personal data shall be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer hereby confirms that the personal data provided is accurate and that they have been informed that the provision of personal data is necessary for the conclusion and performance of the Purchase Contract.
9.8. In connection with the processing of their personal data by the Seller, the Buyer has the right to access and provide a copy of the personal data processed
9.8.1 by the Seller under the conditions set out in the relevant legislation; for additional copies, the Seller may charge the Buyer a reasonable fee corresponding to the administrative costs of their acquisition;
9.8.2. request the rectification or completion of incorrect or missing personal data;
9.8.3. request the restriction of the processing of personal data or their deletion;
9.8.4. exercise the right to the portability of personal data;
9.9. The Buyer shall have the right to object to the processing of personal data carried out by the Seller to fulfill their legitimate interest, e.g. processing for marketing purposes and sending commercial communications.
9.10. The Buyer may exercise their rights at the Seller's address. TATRA TRUCKS, a.s. based at Areál Tatry 1450/1, 742 21 Kopřivnice.
9.11. The Buyer shall be entitled to lodge a complaint with the Office for Personal Data Protection against the processing of personal data by the Seller.
9.12. The Buyer, being a legal entity or other Seller's corporate customer and who provides the Seller with personal data of their employees, associates, or members of its bodies, shall provide the Seller with only those personal data of the aforementioned persons that are necessary for the performance of the activities under the Purchase Contract and, in accordance with Article 14 of the GDPR, to inform these persons about the processing of their personal data by the Seller without undue delay (no later than 1 month) after they have provided their personal data to the Seller. Pursuant to the first sentence, the Buyer declares that they are entitled under the relevant legal regulations, including the GDPR, to provide the Seller with the personal data of their employees, associates or members of their bodies for the processing thereof for the above-mentioned purposes, they have obtained their consent to do so in the cases required by law and have duly and timely fulfilled their information obligation towards them.
Sending of commercial messages and storing cookies
10.1. In accordance with Act No. 480/2004 Coll., on Certain Information Society Services, the Seller is entitled to send the Buyer information related to the Seller's goods, services or business to the Buyer's electronic address and other commercial communications of the Seller only with the Buyer's consent.
10.2. The Buyer shall be entitled to, by ticking a specific box, agree to the storage on their computer of those cookies that are not strictly necessary for the completion of the purchase and the Purchase Contract performance. The Buyer shall have the right to withdraw their consent according to the previous sentence at any time and cancel the sending of commercial communications.
Final provisions
11.1. If the relationship established by the Purchase Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights resulting from generally binding legislation.
11.2. Should any provision of the Terms and Conditions be or come invalid or ineffective, it shall be replaced with a valid provision with the meaning closest to the said invalid provision. The invalidity or unenforceability of one provision is without prejudice to the validity of the other provisions.
11.3. The Seller archives the Purchase Contract including the Terms and Conditions in the electronic form and it is not accessible.
11.4. A sample form for contract termination is attached to the Terms and Conditions.
11.5. Seller's contact details: delivery address TATRA TRUCKS, a.s. with registered office Areál Tatry 1450/1, 742 21 Kopřivnice, e-mail address store@tatra.cz.
11.6. The Seller shall have the right change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising after the effective period of the previous version of the Terms and Conditions.
In Kopřivnice, on 3/23/2021