Terms and Conditions

Ondřej Havlas

with his registered office at Sudovo Hlavno 87, Sudovo Hlavno, 294 76

Company ID No.: 74461826 (VAT payer)

VAT ID No.: CZ8507101933

for the sale of goods via the online store available at www.moparshop.eu.

1. INTRODUCTORY PROVISIONS
   
   • These terms and conditions (hereinafter the “Terms and Conditions”) of Ondřej Havlas, with his registered office at Sudovo Hlavno 87, Sudovo Hlavno, 294 76, Company ID No.: 74461826, (hereinafter the “Seller”), pursuant to the provisions of Section 1751 (1) of Act No. 89/2012 Sb., the Civil Code, as amended (hereinafter the “Civil Code”), govern the mutual rights and obligations of the Parties arising from or in connection with the purchase agreement (hereinafter the “Purchase Agreement”) between the Seller and another natural person (hereinafter the “Buyer”) via the Seller’s online store. The online store is operated by the Seller on the moparshop.cz website (hereinafter the “Website”), via a website interface (hereinafter the “Online Store Interface”).
   • The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or where the person purchasing the goods does so as a part of his/her business or freelance activities.
   • Provisions that deviate from the Terms and Conditions may be agreed upon in the Purchase Agreement. Where otherwise stipulated by the Purchase Agreement, such provisions will take precedence over the provisions of the Terms and Conditions.
   • The provisions of these Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in Czech. The Purchase Agreement may be executed in Czech.
   • The Seller is entitled to modify or amend these Terms and Conditions. This provision is without prejudice to the rights and obligations that may have arisen during the period of validity of the previous version of these Terms and Conditions.o The Seller is entitled to modify or amend these Terms and Conditions. This provision is without prejudice to the rights and obligations that may have arisen during the period of validity of the previous version of these Terms and Conditions.
     
     
2. USER ACCOUNT
   
   • Upon registering on the Website, the Buyer is granted access to the user interface. The Buyer can use the user interface to order goods (hereinafter the “User Account”). If the Online Store Interface allows it, the Buyer can also order goods without registration directly through the Online Store Interface.
   • When registering on the Website and ordering goods, the Buyer is obligated to provide correct and accurate information. The Buyer is also obligated to reflect any change to such information in his/her User Account. The information provided by the Buyer in the User Account and in the order of goods is considered accurate by the Seller.
   • Access to the User Account is secured by a username and password. The Buyer is obligated to maintain confidentiality regarding the information necessary to access the User Account.
   • The Buyer shall not allow third parties to use his/her User Account.
   • The Seller may cancel any User Account, in particular, if the Buyer does not use the User Account for more than 90 days or if the Buyer violates his/her obligations arising from the Purchase Agreement (including the Terms and Conditions).
   • The Buyer acknowledges that the User Account may not be available without limitation, primarily in the event of necessary maintenance carried out on the hardware and software of the Seller or third parties.
     
     
3. CONCLUSION OF PURCHASE AGREEMENT
   
   • Any presentation of the goods given in the Online Store Interface is for information purposes, and the Seller is not obligated to conclude a Purchase Agreement regarding such goods. Section 1732(2) of the Civil Code shall not apply.
   • The Online Store Interface contains information about the goods, including the prices of the individual items and the cost of returning the goods in the event they cannot be returned via a regular postal service because of their nature. The prices of goods are inclusive of VAT and all related charges. The prices of goods remain valid as long as they are displayed in the Online Store Interface. This provision is without prejudice to the right of the Seller to conclude a Purchase Agreement under individually stipulated conditions.
   • The Online Store Interface also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the Online Store Interface applies only in cases where the goods are delivered within the Czech Republic.
   • To order goods, the Buyer must complete the order form in the Online Store Interface. In particular, the order form contains information about the following:
     
     • the goods ordered (the Buyer “places” these goods into the electronic shopping cart in the Online Store Interface);
     • the method used for the payment of the purchase price for the goods, the requested delivery of the goods ordered, and
     • the costs associated with the delivery of the goods (hereinafter the “Order”).
   • Before sending the Order to the Seller, the Buyer will be allowed to check and amend the information submitted in the Order and identify and correct any errors made when completing the Order. The Buyer will send the Order to the Seller by clicking the “Submit order” button. The information provided in the Order will be considered correct by the Seller. Upon receiving the Order, the Seller will immediately confirm its receipt to the Buyer via email to the Buyer’s email address stated in the User Account or in the Order (hereinafter the “Buyer’s Email Address”).
   • With respect to the nature of the Order (quantity of goods, total purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (e.g. in writing or by phone).
   • The contractual relationship between the Seller and the Buyer is established with the delivery of the confirmation of the acceptance of an Order to the Buyer’s email address.
   • The Buyer agrees to use remote means of communication when concluding a Purchase Agreement. The costs incurred by the Buyer when using remote means of communication in connection with the conclusion of a Purchase Agreement (the costs of internet access, telephone costs) shall be borne by the Buyer, and such costs correspond to the basic rate.
     
     
4. PRICE OF GOODS AND TERMS OF PAYMENT
   
   • The price of goods and any costs associated with the delivery of the goods under a Purchase Agreement may be paid by the Buyer to the Seller as follows:

• by wire transfer to the Seller’s account (hereinafter the “Seller’s Account”).
  
  • Along with the purchase price, the Buyer is also obligated to pay the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stipulated otherwise, the purchase price is deemed to include the costs associated with the delivery of the goods.
  • The Seller does not require the Buyer to make any advance or other equivalent payment. This is without prejudice to Article 6 of the Terms and Conditions regarding the obligation to pay the purchase price of goods in advance.
  • In the case of a cash payment or cash payment upon delivery, the purchase price is due upon the receipt of the goods. In the case of non-cash payment, the purchase price is due within three days from the conclusion of the Purchase Agreement.
  • In the case of non-cash payment, the Buyer is obligated to pay the purchase price of the goods with the indication of the variable symbol of the payment. In the case of non-cash payment, the obligation of the Buyer to pay the purchase price is deemed fulfilled upon the date on which the Seller’s Account is credited with the corresponding amount.
  • The Seller is entitled, in particular, if the Buyer does not provide additional confirmation of the Order (Article 6), to demand payment of the purchase price in full before sending the goods to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
  • Any discounts on the price of goods granted by the Seller to the Buyer cannot be mutually combined.
  • If it is common practice in business relations or if so stipulated by the generally binding legal regulations, the Seller will issue a tax invoice for the payment performed under the Purchase Agreement to the Buyer. The Seller is a payer of value-added tax. The Seller will issue the tax invoice to the Buyer after the payment of the price of the goods and send it electronically to the Buyer’s email address.
  • In accordance with the Act on the Registration of Sales, the Seller is obligated to issue a receipt to the Buyer. The Seller shall also register the sale online with the tax authority; in the event of a technical failure this will take place no later than within 48 hours.

5. WITHDRAWAL FROM A PURCHASE AGREEMENT
   
   • The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, the Buyer may not, inter alia, withdraw from a Purchase Agreement for the supply of goods that have been modified according to the wishes of the Buyer, a Purchase Agreement for the supply of goods subject to rapid deterioration or goods that were, after delivery, irrevocably mixed with other goods, a Purchase Agreement for the supply of sealed goods which the consumer has removed from their packaging and which cannot be returned for sanitary reasons, and from a Purchase Agreement for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.
   • If it is not a case referred to in Article 1 of the Terms and Conditions or any other case where one may not withdraw from a Purchase Agreement in accordance with Section 1829 (1) of the Civil Code, the Buyer is entitled to withdraw from the Purchase Agreement within fourteen (14) days from the receipt of the goods; if the subject of the Purchase Agreement is the delivery of several kinds or parts of goods, this period shall commence on the date of receipt of the last shipment of goods. The notice of withdrawal from the Purchase Agreement will be sent to the Seller within the time period specified in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer may use the model form provided by the Seller attached as an annex to the Terms and Conditions. The Buyer may also send a notice of withdrawal from a Purchase Agreement to the address of the Seller’s establishment or to the email address of the Seller.
   • In the case of withdrawal from a Purchase Agreement pursuant to Article 2 hereof, the Purchase Agreement becomes null and void. The Buyer shall return the goods to the Seller within fourteen (14) days from the Seller’s receipt of the notice of withdrawal from the Purchase Agreement. Should the Buyer withdraw from the Purchase Agreement, the Buyer bears the costs of returning the goods to the Seller, even in a case where the goods cannot be returned through the usual postal service because of their nature.
   • In the event of withdrawal from a Purchase Agreement pursuant to Article 2 hereof, the Seller returns the funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase Agreement in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the payment made by the Buyer as early as when the Buyer returns the goods to the Seller or in any other manner if agreed by the Buyer and unless any additional costs are incurred by the Buyer as a result thereof. Should the Buyer withdraw from the Purchase Agreement, the Seller is not obligated to return the funds to the Buyer before the Buyer returns the goods to the Seller or proves that the Buyer has sent the goods to the Seller.
   • The Seller is entitled to unilaterally set off any compensation for damage caused to the goods against the Buyer’s claim for the refund of the purchase price.
   • In those cases where the Buyer is entitled to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the acceptance of the goods by the Buyer. In such an event, the Seller shall refund the purchase price to the Buyer without undue delay by means of a wire transfer to the account designated by the Buyer.
   • Should any gift be provided to the Buyer along with the goods, the gift agreement between the Buyer and the Seller is concluded with the condition that if the Buyer withdraws from the Purchase Agreement, the agreement with regard to such a gift becomes ineffective, and the Buyer is obligated to return the goods along with such a gift to the Seller.
     
     
6. SHIPPING AND DELIVERY OF GOODS
   
   • In the event that the shipping method is stipulated on the basis of a special request of the Buyer, the Buyer bears the risk and additional costs associated with this shipping method.
   • If the Seller is obligated to deliver the goods under the Purchase Agreement to the place specified by the Buyer in the Order, the Buyer is obligated to accept the goods upon delivery.
   • In the event that, for reasons on the Buyer’s part, it is necessary to deliver the goods repeatedly or in any other way than stipulated in the Order, the Buyer is obligated to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
   • When accepting the goods from the carrier, the Buyer is obligated to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. Should the packaging show any damage indicative of unauthorised tampering, the Buyer is not obligated to accept such a delivery from the carrier.
   • Other rights and obligations of the Parties with regard to the transport of the goods may be regulated in the Seller’s special terms of delivery, if any. 

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
   
   • The rights and obligations of the Parties arising from any defective performance shall be governed by the applicable generally binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Sb., on consumer protection, as amended).
   • The Seller shall guarantee to the Buyer that the goods have no defect on delivery. In particular, the Seller shall guarantee to the Buyer when the Buyer accepts the goods that:
     
     • the goods have the properties agreed between the Parties or, in the absence of such an agreement, the properties described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and based on the Seller’s advertising;
     • the goods are fit for the purpose specified by the Seller or for the purpose for which the goods are typically used;
     • the quality and workmanship of the goods correspond to the agreed sample or model if the quality or workmanship was determined in accordance with an approved sample or model;
     • the goods are delivered in the appropriate quantity, measure or weight; and
     • the goods comply with the legal requirements.
   • The provisions of Article 2 of the Terms and Conditions shall not apply to goods sold at a lower price because of a defect for which the lower price has been agreed, to standard wear and tear of the goods, to used goods because of a defect corresponding to the level of wear and tear of the goods prior to their acceptance by the Buyer or if it results from the nature of the goods.
   • o Should any defect manifest itself within six months from the acceptance, it is assumed that the goods were defective at the time of acceptance. The Buyer is entitled to exercise the right ensuing from a defect in consumer goods within four months from their acceptance.
   • The Buyer’s rights arising from the Seller’s liability for defects, including the Seller’s warranty liability, shall be exercised by the Buyer at the Seller’s registered office at Sudovo Hlavno 87, Sudovo Hlavno, 294 76, preferably following prior agreement by phone or email.
     
     
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
   
   • The Buyer acquires the ownership title to the goods upon full payment of the purchase price.
   • In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1)(e) of the Civil Code.
   • The settlement of consumers’ complaints will be ensured by the Seller via the email address info@moparshop.eu. The Seller shall send the notice of the settlement of any complaint by a Buyer to the Buyer’s email address.
   • In the event of any consumer disputes arising from the Purchase Agreement, the competent authority is the Czech Trade Inspectorate, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs. The ODR platform available at http://ec.europa.eu/consumers/odr can be used for the resolution of disputes between the seller and the buyer arising from a Purchase Agreement.
   • The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: 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).
   • The Seller is entitled to sell the goods on the basis of its trade licence. The competent Trade Authority carries out the respective inspection within its competencies. The supervision of the protection of personal data will be exercised by the Office for Personal Data Protection. The Czech Trade Inspectorate performs, inter alia, the supervision of compliance with Act No. 634/1992 Sb., on consumer protection, as amended, within the defined range.
   • The Buyer hereby assumes the risk of a change in circumstances pursuant to Section 1765 (2) of the Civil Code.
     
     
9. PERSONAL DATA PROTECTION
   
   • The Seller fulfils his information obligation with respect to the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council 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 (the General Data Protection Regulation) (hereinafter the “GDPR”) in connection with the processing of the Buyer’s personal data for the purpose of the performance of a Purchase Agreement and the negotiations relating thereto and for compliance with the Seller’s public law obligations, through a dedicated document.
     
     
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
    • The Buyer agrees to receive information related to the goods, services or business of the Seller and the Seller’s commercial communications at the Buyer’s email address. The Seller fulfils his information obligation with respect to the Buyer within the meaning of Article 13 of the GDPR with respect to the processing of the Buyer’s personal data for the purpose of sending commercial communication through a dedicated document.
    • The Buyer also agrees to store cookies on his/her computer. In the event that the purchase on the Website can be performed and the Seller’s obligations arising from the Purchase Agreement can be fulfilled without storing cookies on the Buyer’s computer, the Buyer may revoke his/her consent under the previous sentence at any time.
      
      
11. NOTICES
    
    • The Buyer may receive the notices at the Buyer’s email address.
      
      
12. FINAL PROVISIONS
    
    • If the relationship established by the Purchase Agreement contains an international (foreign) element, the Parties agree that their relationship shall be governed by Czech law. The choice of governing law under the preceding sentence shall be without prejudice to the Buyer’s protection as a consumer granted by the provisions of the applicable legal regulations, which cannot be deviated from by agreement and which would otherwise apply in the absence of a choice of governing law under Article 6 (1) of Regulation (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
    • Should any provision of the Terms and Conditions be or become invalid or ineffective, such an invalid provision shall be replaced by a provision that comes as close as possible to the meaning of the invalid provision. The invalidity or ineffectiveness of one provision shall be without prejudice to the validity of the remaining provisions.
    • The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and will not be publicly accessible.
    • A template form for withdrawal from the Purchase Agreement is attached as an annex to the Terms and Conditions.
    • Seller’s contact details: correspondence address: Ondřej Havlas, Sudovo Hlavno 87, Sudovo Hlavno, 294 76, email address: info@moparshop.eu.

Document updated as of 05 June 2023