Terms and Conditions

I. Basic Provisions

1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").

EV Racing s.r.o.
ID: 29414156
VAT ID: CZ29414156
registered office: Černochova 1291/4, Košíře, 158 00, Prague registered with the Municipal Court in Prague, file number C205310/MSPH
contact details: Ing. Petr Kortánek  
email: info@evacing.cz
www (hereinafter referred to as the "seller")

2. These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as the "buyer") through the web interface located on the website at the internet address….. (hereinafter referred to as the "online store").

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

4. These terms and conditions and the purchase contract are concluded in the Czech language.

II. Information about Goods and Prices

1. Information about goods, including the prices of individual goods and their main characteristics, is provided for individual goods in the catalog of the online store. The prices of goods are inclusive of value-added tax, all related fees, and costs for returning the goods, if the goods by their nature cannot be returned by the usual postal route. The prices of goods remain valid for the period they are displayed in the online store. This provision does not preclude the negotiation of a purchase contract under individually agreed conditions.

2. All presentations of goods placed in the catalog of the online store are of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

3. The online store provides information about the costs associated with packaging and delivering the goods. The information about the costs associated with packaging and delivering the goods provided in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of goods cannot be combined unless the seller and the buyer agree otherwise.

III. Order and Conclusion of Purchase Contract

1. The costs incurred by the buyer when using 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 themselves. These costs do not differ from the basic rate.

2. The buyer orders goods in the following ways:

• through their customer account, if they have previously registered in the online store,
• by filling out the order form without registration.

3. When placing an order, the buyer selects the goods, the number of items of goods, the method of payment, and delivery.

4. Before sending the order, the buyer is allowed to check and change the data they have entered in the order. The buyer sends the order to the seller by clicking on the button……. The data provided in the order are considered correct by the seller. The validity of the order is conditional on the completion of all mandatory data in the order form and the buyer's confirmation that they have read these terms and conditions.

5. Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer when placing the order. This confirmation is automatic and is not considered a contract. The attachment of the confirmation is the current terms and conditions of the seller. The purchase contract is concluded only after the acceptance of the order by the seller. The notification of acceptance of the order is delivered to the buyer's email address. / Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer when placing the order. This confirmation is considered a contract. The attachment of the confirmation is the current terms and conditions of the seller. The purchase contract is concluded by confirming the order by the seller to the buyer's email address.

6. If the seller cannot fulfill any of the requirements stated in the order, they will send the buyer a modified offer to their email address. The modified offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by confirming the acceptance of the modified offer by the buyer to the seller's email address provided in these terms and conditions.

7. All orders received by the seller are binding. The buyer can cancel the order until the buyer receives a notification of acceptance of the order by the seller. The buyer can cancel the order by phone or email to the seller's contact details provided in these terms and conditions.

8. In the event of an obvious technical error on the part of the seller when stating the price of goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer received an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer a modified offer to their email address. The modified offer is considered a new draft purchase contract and the purchase contract is concluded in such a case by confirming the acceptance of the buyer to the seller's email address.

IV. Customer Account

1. Based on the buyer's registration made in the online store, the buyer can access their customer account. From their customer account, the buyer can order goods. The buyer can also order goods without registration.

2. When registering for a customer account and ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account upon any change. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.

3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.

4. The buyer is not entitled to allow the use of the customer account by third parties.

5. The seller may cancel a user account, especially if the buyer has not used their user account for a long time, or if the buyer violates their obligations under the purchase contract and these terms and conditions.

6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the seller, or necessary maintenance of the hardware and software equipment of third parties.

V. Payment Terms and Delivery of Goods

1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

• cashless transfer to the seller's bank account No….., maintained with…..
• cashless payment by credit card
• cashless transfer to the seller's account via the payment gateway….,
• cash on delivery upon receipt of the goods,
• in cash or by credit card upon personal collection at the establishment
• in cash or by credit card upon personal collection at the parcel delivery point…...

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivering the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods. For oversized shipments over 30 kg, the shipping cost is initially set to 0 CZK and will be calculated additionally, with the buyer bearing the costs.

3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within …. days of the conclusion of the purchase contract.

4. In the case of payment via the payment gateway, the buyer proceeds according to the instructions of the relevant electronic payment provider.

5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.

6. The seller does not require any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before sending the goods is not a deposit.

7. According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, they are obliged to register the received revenue with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.

8. The goods are delivered to the buyer:

• to the address specified by the buyer in the order
• through the parcel delivery point to the address of the delivery point specified by the buyer,
• by personal collection at the seller's establishment

9. The choice of delivery method is made during the ordering of the goods.

10. The costs of delivering the goods depending on the method of dispatch and receipt of the goods are specified in the buyer's order and in the seller's order confirmation. If the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport. For oversized shipments over 30 kg, the shipping costs will be calculated additionally.

11. If the seller is obliged under the purchase contract to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, immediately notify the carrier. In the event of finding a breach of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.

13. The seller issues a tax document – an invoice to the buyer. The tax document is sent to the buyer's email address./The tax document is attached to the delivered goods.

14. The buyer acquires ownership of the goods by paying the full purchase price of the goods, including delivery costs, but not before taking over the goods. The risk of accidental destruction, damage, or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but did not do so in violation of the purchase contract.

VI. Withdrawal from the Contract

1. The buyer, who has concluded a purchase contract outside their business activity as a consumer, has the right to withdraw from the purchase contract.

2. The withdrawal period is 14 days

• from the date of receipt of the goods,
• from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
• from the date of receipt of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.

3. The buyer cannot, among other things, withdraw from the purchase contract:

• for the provision of services, if they were fulfilled with their prior express consent before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case they do not have the right to withdraw from the contract,
• for the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the seller's will and which may occur during the withdrawal period,
• for the delivery of alcoholic beverages, which can be delivered only after thirty days and whose price depends on fluctuations in the financial market independent of the seller's will,
• for the delivery of goods that have been modified according to the buyer's wishes or for their person,
• for the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery,
• for the delivery of goods in a sealed package that the buyer has removed from the package and for hygienic reasons cannot be returned,
• for the delivery of an audio or video recording or computer program if they have broken their original packaging,
• for the delivery of newspapers, periodicals, or magazines,
• for the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case they do not have the right to withdraw from the contract,
• in other cases specified in § 1837 of the Civil Code.

4. To comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the buyer can use the sample withdrawal form provided by the seller. The buyer sends the withdrawal from the purchase contract to the seller's email or delivery address specified in these terms and conditions. The seller will confirm the receipt of the form to the buyer without delay.

6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.

7. If the buyer withdraws from the contract, the seller will return all monetary funds, including delivery costs, received from the buyer, without delay, but no later than 14 days from the withdrawal from the contract, in the same way. The seller will return the received monetary funds to the buyer in another way only if the buyer agrees and if no additional costs are incurred.

8. If the buyer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller will refund the buyer the cost of delivery of the goods in the amount corresponding to the cheapest offered method of delivery of the goods.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received monetary funds to the buyer before the buyer hands over the goods or proves that they have sent the goods to the seller.

10. The buyer must return the goods to the seller undamaged, unworn, and unsoiled and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

11. The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has discontinued the production or import of the goods. The seller will immediately inform the buyer via the email address provided in the order and will return all monetary funds, including delivery costs, received from the buyer under the contract, within 14 days of the notification of withdrawal from the purchase contract, in the same way, or in the manner specified by the buyer.

VII. Rights from Defective Performance

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

• the goods have the properties that the parties have agreed upon, and if there is no such agreement, the goods have the properties that the seller or the manufacturer has described or that the buyer has expected with regard to the nature of the goods and based on the advertising carried out by them,
• the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
• the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
• the goods are in the appropriate quantity, measure, or weight, and
• the goods comply with the requirements of legal regulations.

2. If a defect becomes apparent within six months of receipt of the goods by the buyer, it is assumed that the goods were defective at the time of receipt. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or if it results from the nature of the goods.

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

• replacement with new goods,
• repair of the goods,
• a reasonable discount on the purchase price,
• withdrawal from the contract.

4. The buyer has the right to withdraw from the contract,

• if the goods have a substantial defect,
• if they cannot properly use the item due to the repeated occurrence of the defect or defects after repair,
• in the case of a larger number of defects in the goods.

5. The seller is obliged to accept the complaint at any establishment where the acceptance of the complaint is possible, or at 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 the content of the complaint is, and what method of handling the complaint the buyer requires, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification for rejecting the complaint.

6. The seller or an authorized employee will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for professional assessment of the defect. Complaints, including the removal of defects, must be handled without delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period is considered a substantial breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of the complaint is considered the moment when the buyer's will (exercise of the right from defective performance) is received by the seller.

7. The seller will inform the buyer in writing about the result of the complaint.

8. The buyer is not entitled to the right from defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect themselves.

9. In the case of a justified complaint, the buyer has the right to reimbursement of the costs reasonably incurred in connection with the complaint. The buyer can exercise this right with the seller within one month after the expiration of the warranty period.

10. The choice of the method of complaint belongs to the buyer.

11. The rights and obligations of the contracting parties regarding the rights from defective performance are governed by § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.

12. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure.

VIII. Delivery

1. The contracting parties can deliver all written correspondence to each other via electronic mail.

2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in their customer account or in the order.

XI. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located 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 contract.

2. 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 the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).

3. The seller is authorized to sell goods based on a trade license. Trade control is carried out within the scope of its competence by the relevant trade licensing office. The Czech Trade Inspection Authority supervises, to a defined extent, compliance with Act No. 634/1992 Coll., on consumer protection.

X. Final Provisions

1. All agreements between the seller and the buyer are governed by the legal order of the Czech Republic. If a 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 within the meaning of § 1826 para. 1 letter e) of the Civil Code.

3. All rights to the seller's website, especially copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or its part without the consent of the seller.

4. The seller is not responsible for errors resulting from third-party interventions in the online store or its use contrary to its purpose. The buyer must not use procedures when using the online store that could have a negative impact on its operation and must not perform any activity that could allow them or third parties to interfere with or misuse the software or other components forming the online store and use the online store or its parts or software in a way that would be contrary to its purpose or purpose.

5. The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para. 2 of the Civil Code.

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

7. 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 effect of the previous wording of the terms and conditions.

8. The attachment to the terms and conditions is a sample form for withdrawal from the contract.

 

These terms and conditions take effect on 23 March 2025.