Ogólne warunki handlowe
1.1. These general commercial terms and conditions (hereinafter the “commercial terms”) are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter the “Civil Code”).
VANS CENTRE s.r.o.
Company ID No: 274 46 174
registered office at Chemická 951, Kunratice, 148 00 Prague 4
company registered with the Municipal Court in Prague under File No. C 112950
(hereinafter the "Seller")
1.2. These commercial terms apply exclusively to the reservation of goods from the internet shop at the website www.vanscentre.com, meaning primarily used utility vehicles (hereinafter the “goods”).
1.3. These commercial terms regulate the mutual rights and obligations of the seller and the business concluding the reservation contract within its business activity (hereinafter the “client”) via the web interface located on the website available at www.vanscentre.com (hereinafter the “internet shop”).
1.4. The client takes into account that the internet shop is designated only for businesses and not for consumers. If the client is interested in purchasing the displayed goods, they may purchase them directly at the seller’s facility.
1.5. The provisions of the commercial terms are an integral part of the reservation contract, based on which a purchase contract for the ordered goods may subsequently be concluded. The discrepant provisions of the reservation or purchase contract take precedence before the provisions of these commercial terms.
1.6. These commercial terms and the reservation contract are concluded in the language of the internet shop which the client chooses.
2. Information about goods and prices.
2.1. Information about the goods, including specification of the price of individual goods, its main features and the reservation fee, are specified next to the individual goods in the internet shop catalogue. The prices of goods are specified including value added tax. The price of the goods remains valid for the period for which they are displayed in the internet shop. This provision does not preclude the agreement of a purchase price based on individually agreed conditions.
2.2. The entire presentation of goods located in the internet shop catalogue is of an informational character and the seller is not obliged to conclude a reservation or purchase contract regarding these goods.
2.3. Given the specific type of sold goods, the client acknowledges that the goods must be taken over at the seller’s facility.
2.4. Potential discounts on the price of the goods, specials and loyalty programs cannot be combined, unless the seller and client agree otherwise.
2.5. The value of the reservation fee is indicated in addition to the price for every article of goods.
3. Order and conclusion of the reservation contract
3.1. The costs incurred by the client when using the means of remote communication n connection to concluding the reservation contract (costs for internet connection, costs for telephone calls) are paid by the client. These costs do not differ from the basic rates.
3.2. The client concludes the reservation agreement through an order from its customer account, which it previously registered.
3.3. Before sending the order, the client is allowed to check and change the data entered into the order. The client sends the order to the seller by clicking on PAY AND ORDER. The data provided in the order shall be considered correct by the seller. The condition for validity of the order is the completion of all the mandatory data in the order form and confirmation from the client that it has become familiar with these commercial terms.
3.4. Immediately after receiving the order, the seller will send the client confirmation of order reception to the e-mail address which the client entered when placing the order. This confirmation constitutes the concluding of the reservation contract.
3.5. By concluding the reservation contract, the seller undertakes that for a period of 14 days (hereinafter the “reservation period”), it will not conclude a reservation contract or other similar contract, agreement on a future contract or purchase contract or other similar transfer agreement concerning the reserved goods with any party other than the applicant or its authorised representative. The reservation period may be extended by agreement of the contracting parties.
3.6. Should the seller be unable to fulfil any of the requirements specified in the order, it will send an altered offer to the client’s e-mail address. The altered offer is considered to be a new draft reservation contract, and in this case the reservation contract is concluded upon the client’s confirmation of acceptance of this offer set to the seller’s e-ail address specified in these commercial terms. The seller may cancel the order or reservation contract if it cannot deliver the goods.
3.7. All orders received by the seller are binding. The client may cancel the order and reservation contract based on agreement with the seller.
3.8. In the case of an obvious technical error on the part of the seller when indicating the price of goods or the reservation fee in the internet shop or in the course of ordering, the seller is not obliged to deliver the goods to the client for this obviously incorrect price, even if the client was sent automatic confirmation or order reception pursuant to these commercial terms. The seller informs the client about the error without undue delay and sends the client an altered offer to its e-mail address. The altered offer is considered to be a new draft reservation contract, and in this case the reservation contract is concluded upon the client’s confirmation to the seller’s e-ail address.
4. Conclusion of the purchase contract
4.1. The client and seller undertake to conclude a purchase contract for the reserved goods, under which the seller undertakes to hand over the goods to the client and allow it to acquire ownership of the goods, and the client undertakes to pay the purchase price for the goods indicated in the internet shop, at latest on the last day the reservation period.
4.2. The client is obliged to come to the seller’s facility during the facility opening hours to conclude the purchase contract within the reservation period. The seller recommends that the client arrange a meeting via the seller’s contact data t conclude the purchase contract.
5. Customer account
5.1. Based on the client’s registration performed in the internet shop, the client can access its user account. From its user account, the client can place orders - reserve goods.
5.2. During registration to the customer account and when ordering goods, the client is obliged to provide all data correctly and truthfully. The client is obliged to specify its company ID number; if it is not specified, the reservation cannot be made. The client is obliged to update the data provided in the customer account during any change thereof. The data provided by the client in the customer account and when ordering goods are considered to be correct by the seller.
5.3. Access to the customer account is secured by a username and password. The client is obliged to preserve the confidentiality of information required to access its customer account. The seller does not bear liability for the potential misuse of the customer account by third parties.
5.4. The client is not authorised to allow the use of the customer account by third parties.
5.5. The seller may cancel the user account, especially in cases when the client has not used the user account for a long time, or in cases when the client breaches its obligations from the purchase contract and these commercial terms.
5.6. The client acknowledges that the user account may not be available non-stop, especially with regard to the necessary hardware and software maintenance of the seller’s equipment, or the necessary hardware and software maintenance of third-party equipment.
6. Payment terms and delivery of goods
6.1. After reserving the goods, the client is obliged to pay the reservation fee.
6.2. The client is obliged to pay the reservation fee using a card via the payment gateway immediately after placing the order.
6.3. The reservation fee will be offset against the purchase price of the goods.
6.4. The client will pay the balance of the purchase price when concluding the purchase contract, unless the seller and client agree on a different maturity date.
6.5. The reservation fee is agreed as strictly non-refundable. The reservation fee may be refunded to the client only if the purchase contract is not concluded for reasons on the part of the seller. In this case, the seller will refund the reservation fee to the client within 10 (ten) days from the end of the reservation period.
6.6. If the client does not arrive to conclude the purchase contract or if the purchase contract is not concluded during the reservation period for any other reason on the part of the client, the client undertakes to pay the seller a contractual penalty equal to the paid reservation fee. In the case of the seller’s claim to a contractual penalty, the client agrees that the seller’s claim to the contractual penalty be offset against the paid reservation fee.
6.7. The seller undertakes to hand over the goods to the client at the seller’s facility after conclusion of the purchase contract and full payment of the purchase price unless agreed otherwise.
6.8. After paying the reservation fee, the seller will issue a tax document - invoice to the client. The tax document is sent to the client’s e-mail address.
6.9. Any claim of the client to the compensation of damages arsing from the fact that the seller did not conclude the purchase contract is precluded.
7. Rights from defective performance
7.1. Upon takeover of the goods, all the risks associated with the hazard of accidental destruction, accidental deterioration of the subject of purchase including the risk of its damage, destruction, theft, etc. are passed to the client. The seller is not liable for defects in the goods (except legal defects) which the client identifies only after takeover of the goods. Furthermore, the seller is not liable for hidden defects in the goods which became obvious only after takeover by the client. The client acknowledges and agrees that with the exception of legal defects, it is obliged to report all defects in the goods to the seller at latest during inspection of the goods and the test drive.
7.2. The client is informed and agrees that if it comes to light at any later time that the goods suffered a defect at the time of concluding the reservation contract, which was not known to either contracting party, and which became apparent only after concluding this contract, the seller is in no way liable for this defect. The client declares that it is informed that the goods is a used vehicle and that the parts may suffer wear at any time in the future, which cannot be considered a hidden defect because it is impossible for either contracting party to know or foresee which part may become worn or when. The client takes into account and accepts all the said risks with the understanding that the seller cannot be and is not liable for the condition of the goods and their wear. Given that the goods were possessed (owned) by several parties, the seller is not liable in particular for the accuracy and truthfulness of the data indicated on the mileage meter; the aforementioned listed data about this number is merely the data declared and identified from the respective meter, which the seller does not have the opportunity to verify; furthermore, the seller is not liable for the accuracy of the listed goods manufacturing date. Given that the goods were possessed (owned) by several parties, the seller does not guarantee to the client that the condition of the respective goods meets the conditions imposed by Decree No. 302/2001 Coll. for the Registration inspection of vehicles - goods, which the client acknowledges and agrees to.
7.3. Given that the goods are used - used vehicle - the client does not acquire any rights from defects corresponding to the degree of use of the article or wear of the goods in the period of transfer of the risk of damage to the client, even if these become apparent later and the seller did not expressly point them out; the seller is not liable for any damages arising from such defects. Furthermore, the client has no rights from defective performance as concerns any defect in the goods or damage arising from the neglect of maintenance tasks on the goods or usual maintenance by the client, or in consequence of the fact that the client did not perform repairs or maintenance on the goods, of the need for which it was informed or the need or suitability of which is generally known. The client is obliged to prove that the defect already existed at the time of takeover of the goods.
7.4. The client is obliged to apply the rights from liability for defects and report these to the seller at latest when concluding the purchase contract and takeover of the goods, which it is obliged to perform pursuant to Section 2112 of the Civil Code when taking over the goods from the seller; otherwise, its claims from liability for defects will be void. The client acknowledges that it cannot withdraw from the reservation contract or purchase contract, or demand the delivery of new goods, if it cannot return the goods in the condition in which it received them. The application of Section 2110 of the Civil Code is precluded. Given the nature of the subject of purchase, the client is not authorised to demand replacement of the article (delivery of a new article). If the client requires repair of the goods, it is obliged to deliver the goods to the seller’s facility where it purchased the goods, unless agreed otherwise. After repair, the client is obliged to take over the goods upon notice from the seller. The seller decides about the means of performing repair.
8.1. The contracting parties may mutually deliver all written correspondence via electronic mail.
8.2. The client delivers correspondence to the seller to the e-mail address specified in these commercial terms. The seller delivers correspondence to the client to the e-mail address specified in its customer account or in the order.
9. Personal data protection
9.1. This article stipulates the rules of personal data protection of the client, if they are a natural person, in the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council - General Data Protection Regulation (hereinafter the “GDPR”). The seller observes the GDPR when processing the client’s personal data and processes personal data only in accordance with the GDPR.
9.2. When registering a user account and concluding a reservation and purchase contract, the client’s personal data are provided to the seller and subsequently processed by the seller.
9.3. The personal data which the seller processes about the client are their name, e-mail, telephone number, invoicing data (street, house number, city, post code) and purchases made.
9.4. The legal grounds for personal data processing are that these personal data are needed to conclude the purchase contract, perform the purchase contract, perform invoicing and apply rights from warranties or return of goods.
9.5. The personal data will be processed by the seller only throughout the term of contract performance, the warranty period and 10 years after the end of the warranty period as evidence against legal claims. The personal data which must be stored pursuant to the respective laws even afterwards will be processed for the period specified by the respective legal regulations. The personal data processed in relation to the user account will be processed for 10 years after the last login, unless the client cancels their account at an earlier time.
9.6. The personal data will be accessible to the seller’s employees and external processors - those being the accountants, tax, legal and marketing advisors of the seller.
9.7. Personal data may be provided to a third country or international organization only in the case of data backup for the better protection of information and personal data from loss and destruction.
9.8. The client has the right to the rectification or completion of personal data, to request the restriction of processing, to object or complain about personal data processing, to request data porting, access to their personal data, to be informed about the breach of personal data security, erasure and the other rights stipulated in the GDPR.
9.9. The client may file a complaint concerning personal data processing or breach of obligations by the controller arising from the GDPR to the supervisory authority. The supervisory authority in CZ is the Office for Personal Data Protection, registered office at Pplk. Sochora 27, 170 00 Prague 7, www.uoou.cz.
9.10. Detailed information about personal data protection is provided in the Principles of personal data protection, which the seller abides by. These principles also stipulate and describe in detail the rights concerning personal data protection which the client can apply in connection to their personal data. The principles are available on the website at www.vanscentre.com.
10. Final Provisions
10.1. All the arrangements between the seller and client are governed by the legal code of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by the laws of the Czech Republic. This doe snot affect the consumer rights arising from generally binding legal regulations.
10.2. The seller is not bound by any codes of ethics vis-a-vis the client in the meaning of Section 1826(1)(e) of the Civil Code.
10.3. All rights to the seller’s website, in particular copyright to content, including the page layout, photographs, videos, graphic design, trademarks, logos and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or parts thereof without consent from the seller.
10.4. The seller does not bear liability for mistakes arising from third-party interference in the internet shop or in consequence of its use contrary to its designation. When using the internet shop, the client must not use procedures which could have a negative impact on its operation, and must not perform any activities which could allow it or third parties to perform unauthorised interference in or use of the programming equipment or other parts constituting the internet shop, and to use the internet shop and parts or software equipment thereof in a manner that is contrary to its designation or purpose.
10.5. The client hereby accepts the risk of change in circumstances pursuant to Section 1765(2) of the Civil Code.
10.6. The reservation agreement including the commercial terms is archived by the seller in electronic form and is not accessible.
10.7. The seller may alter or supplement the text of the commercial terms. This provision does not affect the rights and obligations arising during the effective period of the prior version of the commercial terms.
These commercial terms come into effect on 22 May 2018.