Terms and conditions

Terms and Conditions

General Terms and Conditions of Business

in accordance with Act No. 89/2012 Coll., the Civil Code, as amended

(hereinafter referred to as the "Civil Code"),

MOTORSERVIS ŠVEC s.r.o.

Bus. ID: 48398187

Business address at Temenická 2244/98, 787 01 Šumperk

583 250 930, email: motorservis@motorservis.cz

Article I.

Introductory provisions

These general terms and conditions (hereinafter referred to as the "Terms and Conditions"), in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), further define and specify the rights and obligations of the Seller and the Buyer arising under the purchase contract (hereinafter referred to as the "Contract") concluded through the Seller's distance web shop operated on the Internet at www.motorservis.cz (hereinafter referred to as the "Web interface of the shop“)
Provisions differing from the Terms and Conditions may be agreed in the Contract. Different provisions in the Contract take precedence over the provisions of the Terms and Conditions.
The provisions of the present Terms and Conditions are an integral part of the Contract. The Contract and the Terms and Conditions are drawn up in the Czech language. The Contract may be concluded in the Czech language.
The Seller may change or supplement the wording of these Terms and Conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
All contractual relations are governed by the law of the Czech Republic. If the contracting party is a consumer, relations not regulated by the Terms and Conditions shall be governed by Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as the "Consumer Protection Act").

Article II.

Definition of some terms

1. The Seller is the company MOTORSERVIS Švec s.r.o., Temenická 2244/98, 787 01 Šumperk, registered in the Commercial Register at the Regional Court in Ostrava, Section C, Insert 10324, 36903/99 (hereinafter referred to as "Seller"). The Seller acts within the scope of its commercial or other business activities when concluding and performing the Contract. It is an entrepreneur which directly or through other entrepreneurs supplies products or services to the Buyer.

2. The Buyer is a customer of the Seller's online store at the Internet address www.motorservis.cz. The Buyer is either the Buyer-consumer within the meaning of Section 2 (1) (a) of the Consumer Protection Act (hereinafter referred to as the "Buyer-consumer") or the Buyer-entrepreneur who acts within the scope of their business activity when concluding and performing the contract (hereinafter referred to as the "Buyer-entrepreneur"). The Buyer-consumer and the Buyer-entrepreneur are hereinafter jointly referred to as the "Buyer" in case that any rights and obligations apply to both the Buyer-entrepreneur and the Buyer-consumer.

Article III.

Ordering goods and contract conclusion

1. The web interface of the shop contains a list of Goods offered by the Seller for sale, including the prices of individual Goods, description, characteristics, nature of the Goods. The prices of the Goods offered are inclusive of value added tax and all related charges. The offer for sale of the Goods and their price shall remain valid for as long as they are displayed on the Web interface of the Shop. This provision does not limit the Seller's ability to conclude the Contract on individually agreed terms.

2. The process of concluding an individual Distance Contract between the Buyer and the Seller consists of three phases, namely:

I. Processing of the order by the Buyer and sending it to the Seller,

II. The Seller's message to the Buyer regarding the delivery of their order = receipt of the order,

III. Acceptance = the Buyer's acceptance of the Seller's offer and the message of dispatch of the Goods in accordance with the order.

3. To order the Goods, the Buyer shall fill in the order form on the Web interface of the shop. The order form contains in particular information about:

a) the ordered Goods (the ordered Goods are "inserted" by the Buyer into the electronic shopping cart of the Web interface of the shop),

b) the method of payment of the price of the Goods,

c) the details of the requested method of delivery of the ordered Goods,

d) information on the costs associated with the delivery of the Goods (hereinafter collectively referred to as the "Order").

4. Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the order, including with regard to the Buyer's ability to detect and correct errors arising when entering data into the order. The Buyer sends the order to the Seller by clicking on the "BUY" button (hereinafter referred to as the "order"). The data provided in the order is considered correct by the Seller.

5. The Buyer acknowledges that by sending the order and checking the appropriate box, they agree with the wording of these Terms and Conditions and the Complaints Procedure and at the same time declares that they have read these Terms and Conditions and the Complaints Procedure, understand their contents and agree with them.

6. Immediately upon receipt of the order, the Seller shall confirm receipt of the order to the Buyer in accordance with Section 1827 of the Civil Code by electronic mail to the Buyer's electronic mail address specified in the order (hereinafter referred to as the "Buyer's electronic address").

7. The Seller shall always be entitled, depending on the nature of the order (quantity of the Goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional order confirmation (for example, in writing or by telephone).

8. The contractual relationship between the Seller and the Buyer is established by delivery (acceptance) of the order and its subsequent confirmation by the seller. Confirmation of the order by the Seller establishes a purchase contract, which may be amended, cancelled or supplemented only by mutual agreement between the Buyer and the Seller, unless otherwise provided by law or other legal regulation.

9. The Seller shall, in accordance with Section 1827 of the Civil Code, attach to their report of receipt of the Buyer's order pursuant to Article III. paragraph 8 of these Terms and Conditions the subject Terms and Conditions, the Complaints Procedure, the withdrawal form, the complaint form and the electronic receipt, and shall send all of this to the Buyer at the Buyer's electronic address. The Buyer acknowledges that by agreeing to these Terms and Conditions, the Buyer agrees to be sent an electronic receipt in accordance with Act No. 112/2016 Coll., on the registration of sales.

The Buyer hereby acknowledges that the Seller is not obliged to conclude every Contract, i.e. to accept every order of the Buyer. This applies in particular to any Buyers who have previously breached the concluded Contracts (including the Terms and Conditions).
The Buyer agrees to the use of remote means of communication in concluding the Contract. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.
The Seller reserves the right to cancel the order or part of it before the conclusion of the Contract, by agreement with the Buyer, in the following cases: the Goods are no longer produced or delivered or the price of the supplier of the Goods has changed significantly. In the event that the Buyer has already paid part or all of the purchase price, this amount will be transferred back to the Buyer's account.
The Seller further reserves the right to cancel the order for Goods marked "On Request" or "In Stock at Supplier" in the event that the Goods can no longer be delivered or replaced by another model or if its price has changed significantly and the Buyer does not accept this before the actual conclusion of the Contract. The Seller shall inform the Buyer of this situation. If the Buyer has already paid part or all of the purchase price, this amount will be transferred back to the Buyer's account.

Article IV.

Purchase price and payment conditions

1. The price of the Goods is indicated on the Web interface of the shop for each type of Goods. Together with the price, the Buyer is also obliged to pay the Seller any costs associated with packaging and delivery of the Goods.

2. The Buyer may pay the purchase price of the Goods and any costs associated with the delivery of the Goods under the Contract to the Seller in the following ways:

a) in cash or by credit card upon personal receipt of the goods from the Seller;

b) in cash on delivery upon receipt of the goods at the place specified by the Buyer in the order;

c) by credit card on delivery upon receipt of the goods at the place specified by the Buyer in the order;

d) in non-cash payment in advance by transfer to the Seller's account No. 27907841/0100, kept at Komerční banka a.s. (hereinafter referred to as the "Seller's account");

e) non-cash online via the GoPay service (payment by card, online banking button, internet banking)

3. In case of non-cash payment, the purchase price is payable within 14 days of the Contract conclusion, with the Buyer's obligation to pay the purchase price being fulfilled when the relevant amount is credited to the Seller's account.

4. In case of non-cash payment, the Buyer is obliged to pay the purchase price of the Goods together with the variable symbol of the payment.

5. Any discounts on the price of the Goods provided by the Seller to the Buyer cannot be combined with each other.

6. For the payments made under the Contract the Seller shall issue the Buyer with a tax document – an invoice. The Seller is a value-added tax payer.

7. If the supply of goods or services is made without VAT to a Buyer who is a VAT payer in the Slovak Republic, the tax liability passes to the Buyer - the tax is paid by the Buyer. By confirming the order and agreeing to the Terms and Conditions, the Buyer becomes fully responsible for the accuracy and truthfulness of the billing information provided in the order.

Article V.

Goods delivery

The method of delivery of the Goods shall be determined by the Seller, unless otherwise requested by the Buyer in the order. If the method of delivery is agreed upon at the Buyer's request, the Buyer shall bear the risk and any additional costs associated with this method of delivery.
If the Seller is obliged under the Contract to deliver the Goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the Goods on delivery. If the Buyer fails to take delivery of the Goods, the Seller shall be entitled to demand a storage fee of CZK 120 (one hundred and twenty Czech crowns) and shall be entitled to withdraw from the Contract.
If, for reasons on the Buyer's side, it is necessary to deliver the Goods repeatedly or in a different way than specified 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.
Upon receipt of the Goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the Goods and in the event of any defects, immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized entry into the shipment, the Buyer may not accept the shipment from the carrier. By signing the delivery note, the Buyer confirms that the shipment has met all conditions and requirements and that any subsequent claims regarding the breach of the packaging of the shipment cannot be taken into account.

Article VI.

Withdrawal from the contract

If this is not the case referred to in Article VI, paragraph 4 of these Terms and Conditions or in another case under the Civil Code, when the purchase contract cannot be withdrawn from (see, for example, Section 1840 of the Civil Code or Section 2110 of the Civil Code), the Buyer-Consumer shall, in accordance with Section 1829, paragraph 4 of the Civil Code, have the right to withdraw from the purchase Contract within 14 days of receipt of the Goods without giving any reason (if the subject of the Contract is several types of Goods or the delivery of several parts, this period starts from the date of receipt of the last delivery of the Goods). The Buyer-Entrepreneur shall not be entitled to the right to withdraw from the Contract under Article VI of the Terms and Conditions, irrespective of whether the term "Buyer" is used in this Article VI without the specific addition of "-Consumer".
Withdrawal from the Contract must be sent to the Seller within the period specified in the previous sentence, to the Seller's business address Temenická 2244/98, 787 01 Šumperk or to the Seller's e-mail address motorservis@motorservis.cz
To withdraw from a specific Contract, the Buyer-Consumer may use the form for withdrawal from the Contract ( link to the form ), an integral part of which is also the instruction pursuant to Section 1820(1)(f), Section 1829(2) of the Civil Code. In particular, the Buyer acknowledges that they are liable for the depreciation of the Goods within the meaning of paragraph 6 of this Article, as they are entitled to dispose of the Goods before withdrawal only as they could have done when they purchased them at the Seller's premises. The Seller has provided the Buyer with the withdrawal form in accordance with Article III, paragraph 9 of these Terms and Conditions. If the Buyer claims defects at the same time as withdrawing from the Contract, they are obliged to fill in and use the claim form provided to them in accordance with Article III. paragraph 9 of these Terms and Conditions. If the Buyer does not claim defects at the same time, the Buyer may withdraw from the Contract by any statement made to the Sellers and delivered to the Seller in accordance with Article X. of these Terms and Conditions.
The Buyer who has concluded the Contract by distance and/or off-premises acknowledges that they cannot withdraw from the Contract:

a) for the provision of services, if they have been performed with their prior express consent before the expiry of the withdrawal period and the trader has informed the consumer before the conclusion of the contract that they have right of withdrawal in such a case,

b) for the supply of goods or services the price of which depends on financial market fluctuations independent of the entrepreneur's will and which may occur during the withdrawal period,

c) for the supply of goods which have been adapted to the consumer's wishes or to them personally,

d) for repairs or maintenance carried out at a place designated by the consumer at their request; this shall not apply, however, to the subsequent carrying out of repairs other than those requested or the supply of spare parts other than those requested,

e) for the delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons,

f) for the delivery of goods which are not normally in stock and have been ordered on a binding order for the Buyer,

g) for the delivery of goods whose nature makes it impossible to verify their functionality unambiguously (electronic components)

In the event that the Buyer intends to withdraw from the Contract pursuant to Article V. paragraph 1 of these Terms and Conditions, i.e. pursuant to Section 1829 of the Civil Code, the Seller hereby instructs the Buyer that the Buyer has the right to withdraw from the Contract pursuant to Section 1829 of the Civil Code with respect to the limited possibility of inspection of the Goods at the conclusion of the Contract or with respect to the moment of surprise at the conclusion of the Contract. The obvious abuse of the right of withdrawal pursuant to Section 1829 of the Civil Code does not enjoy the protection of Section 8 of the Civil Code.
If the Buyer as a consumer cannot return the Goods in the same condition in which the Seller delivered them to the Buyer when withdrawing according to Section 1829 of the Civil Code, (a) they are obliged to pay the reduction in the value of the Goods pursuant to Section 1833 of the Civil Code, if this is possible with regard to the nature and character of the Goods in question, or (b) they are obliged to pay the Seller compensation in the amount of the price of the Goods if they cannot return the Goods to the Seller with respect to the nature and character of the Goods.
In the event of withdrawal from the Contract in accordance with the law, the Contract shall be cancelled from the beginning. The costs of withdrawal from the Contract (in particular the costs associated with the return of the Goods) shall be borne by the Buyer, even if, due to the nature of the Goods and their size, it is not possible to return the Goods by standard mail. If the Goods are returned at the Seller's premises, there is no charge for the return. The Goods must be returned to the Seller without undue delay, but no later than 14 days after sending the withdrawal from the Contract to the Seller, and the Goods must be in the same condition as when the Seller delivered them to the Buyer. The Goods must be returned to the Seller undamaged, unworn (to the extent of necessary use), if possible, in view of their nature, characteristics, type and purpose of use.
Within ten days of the return of the Goods by the Buyer pursuant to Article V. paragraph 7 of these Terms and Conditions, the Seller is entitled to conduct an examination of the returned Goods, in particular to determine whether the returned Goods are not damaged, worn, partially consumed, or in the same condition as the Seller delivered them to the Buyer.
In the event of withdrawal from the Contract pursuant to Article V. paragraph 7 of these Terms and Conditions, the Seller shall refund the purchase price (excluding the costs incurred for delivery of the Goods) to the Buyer within fourteen days of the end of the period for examination of the Goods pursuant to Article V. paragraph 8 of these Terms and Conditions, in non-cash payment to the account designated by the Buyer. If the Buyer is a VAT payer, the money will be refunded only to the bank account kept in the VAT payers register. The Seller is also entitled to refund the purchase price in cash at the Seller's registered office.
The Buyer acknowledges that if the Goods returned by the Buyer are damaged, worn out, partially consumed or not in the same condition in which the Seller delivered them to the Buyer, the Seller shall be entitled to compensation for damages incurred by the Seller or to a reduction in the value of the Goods or to the release of unjustified enrichment. The Seller shall be entitled to unilaterally set off the claim for payment of the damages against the Buyer's claim for reimbursement of the purchase price.

Article VII.

Liability for defects, guarantee

All goods sold by the Seller are intended for professional installation. The rights and obligations of the parties regarding the Seller's liability for defects, including the seller's warranty liability, are governed by the applicable generally binding regulations.
The Seller is liable to the Buyer for the fact that the sold item is in conformity with the purchase contract, in particular that it is faultless. This means that it has the quality and performance required by the contract, described by the Seller, the manufacturer or their representative, that it has the quality and performance usual for an item of this kind and that it is fit for the purpose for which it is normally used. If the item is not in conformity with the purchase contract when taken over by the Buyer, the Buyer shall have the right to have the Seller put the item into condition corresponding to the purchase contract free of charge and without undue delay. If the goods are not used, the Seller is liable for defects that manifest themselves as a breach of the purchase contract after the goods have been taken over within the warranty period.

Article VIII.

Other rights and duties of contractual parties

The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
The Buyer bears the burden of proof of the existence of a defect and the establishment of a claim for defective performance. In the case of a Buyer-Consumer, if the defect appears in the Goods within one (1) year of receipt by the Buyer-Consumer, it shall be presumed that the Goods were already defective upon receipt, unless the Seller proves otherwise; however, this rebuttable presumption shall not apply to the Buyer-Entrepreneur. When the Buyer asserts a claim for defects in the Goods or claims for damages or similar claims, the Buyer is obliged to prove to the Seller the origin of the specific claim, e.g. by photographic documentation of the Goods, written specification of the defect in the Goods.
The buyer-entrepreneur hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
The Buyer acknowledges that the software and other components forming the web interface of the shop (including photographs of the Goods offered) are protected by copyright. The Buyer undertakes not to take any action that could enable them or third parties to interfere with or make unauthorised use of the software or other components of the web interface of the Shop.
When using the web interface of the shop, the Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the shop. The web interface of the Shop may only be used to the extent that it does not infringe the rights of other customers of the Seller and that is consistent with its purpose.
The Buyer acknowledges that the Seller shall not be liable for any errors resulting from third party interference with the Website or from the use of the Website contrary to its intended use.

Article IX.

Personal data protection and sending commercial communications

Protection of personal data of a Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
The Buyer acknowledges that for the purpose of fulfilling the Seller's obligations under the Contract, including negotiations aimed at its conclusion or termination, the Seller will process the Buyer's personal data in the following scope: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number, bank connection and any other information provided in the order, in communication with the Seller or otherwise communicated to the Seller in connection with the Contract (hereinafter collectively referred to as "personal data"). To the extent that the Seller is obliged by law to archive the personal data in question (for example, the data on an invoice), the lawful reason for the processing is the fulfilment of legal obligations. Furthermore, to the extent that the personal data is processed for the purpose of possible defence against future claims of the Buyer, the legitimate interest of the Seller is the legal basis for the processing.
The Buyer further agrees to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Seller.
The Buyer acknowledges that they are obliged to provide their personal data correctly and truthfully and that they are obliged to inform the Seller without undue delay of any change in their personal data if this is necessary for the performance of the Seller's obligations under the Contract.
The Seller may delegate the processing of the Buyer's personal data to a third party as a processor if this is necessary for the performance of the Seller's obligations under the Contract, to which the Buyer expressly agrees. However, apart from the persons transporting the Goods, personal data will not be transferred by the Seller to third parties without the Buyer's prior consent.
The personal data will be processed for no longer than necessary for the performance of the obligations under the Contract and for no longer than 10 years after the termination of the Seller's obligations under the Contract, however, to the minimum extent necessary to defend the Seller's rights against the Buyer's claims and to the extent necessary for the archiving of accounting and tax documents. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
The Buyer confirms that the personal data provided is accurate and that they have been informed that this is a voluntary provision of personal data. The Buyer declares that they have been informed that they can withdraw consent to the processing of personal data according to paragraph 3 of this article above in relation to the Seller by written notice delivered to the Seller's address, or simply by clicking on the relevant passage in the commercial communication made via e-mail.
In the event that the Buyer believes that the Seller or the processor carries out processing of their personal data that is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, they may:
request an explanation whether and what personal data about the Buyer is processed by the Seller; and, if applicable, request access to it;
request correction of the Buyer's personal data if they feel that any of it is inaccurate or incomplete;
request restriction of processing if the Buyer feels that the Seller is processing more data than is necessary;
request erasure of personal data, whereby if there is no other reason for the Seller to continue processing the personal data, the Seller will comply with the request without further delay;
request issuance of a copy of the personal data processed by automated means on the basis of the Buyer's consent or in connection with the performance of the obligations under the Contract, in a machine-readable format, or request the Seller to provide such copy to another personal data administrator;
request the Seller to temporarily cease processing personal data for the purpose of their legitimate interest;
lodge a complaint directly with the Data Protection Authority (www.uoou.cz),
if the Buyer believes that the Seller is processing their data contrary to the law.
If the Buyer requests information about the processing of their personal data, the Seller is obliged to provide them with this information. The Seller shall be entitled to charge a reasonable fee for the provision of information under the preceding sentence, not exceeding the costs necessary to provide the information in the event of repeated or vexatious requests by the Buyer.
The Buyer acknowledges that in connection with the performance of obligations under the Contract, they will be sent information related to the goods, services or business of the Seller to the Buyer's electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address if they have given prior consent to such sending of commercial communications.
In the context of providing relevant information, the Seller may store information about a previous visit to the website for a short period of time if you agree to this when you first visit the website. This information is not linked in any way to any personal information or other information about the visitor beyond the fact that they have visited the website and is used solely for the purpose of providing relevant communications on the website or in the advertising network used by the Seller. By deleting "cookies" from the Buyer's browser memory or blocking their storage, it is possible to delete this information at any time or even block any further use of it.
We determine your satisfaction with your purchase by means of e-mail questionnaires within the framework of the Customer Verified programme, in which our e-shop participates. These questionnaires are sent to you every time you make a purchase with us unless you refuse to receive them. The processing of personal data for the purpose of sending you questionnaires under the Customer Verified programme is based on our legitimate interest in determining your satisfaction with your purchase from us. We use the operator of the Heureka.cz portal as a processor to send questionnaires, evaluate your feedback and analyse our market position; we may pass on information about the goods you have purchased and your e-mail address to Heureka.cz for these purposes. Your personal data is not passed on to any third party for its own purposes when sending email questionnaires. You can object to the sending of email questionnaires within the framework of the Customer Verified programme at any time by rejecting further questionnaires using the link in the email with the questionnaire. If you object, we will not send you the questionnaire any further.

Article X.

Delivery

Unless otherwise agreed, all correspondence relating to the Contract must be delivered to the other party in writing, either by electronic mail, in person or by registered mail through a postal service provider (at the sender's option). The Buyer shall be delivered to the electronic mail address specified in the order.
The message is delivered:
in the case of delivery by electronic mail, when it is received by the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,
in the case of delivery by hand or by a postal service provider, by acceptance of the consignment by the recipient,
in the case of personal delivery or delivery through a postal service provider, also by refusal to accept the consignment if the addressee (or, where appropriate, the person authorised to accept the consignment on their behalf) refuses to accept the consignment,
in the case of delivery through a postal service provider, by the expiry of a period of ten (10) days from the deposit of the consignment and notifying the addressee to take delivery of the deposited consignment if the consignment is deposited with the postal service provider, including the event of the addressee not having learnt of the consignment deposit.

Article XI.

Final provisions

These Terms and Conditions come into force and effect on 1/11/2023.
By submitting an Order, the Buyer accepts without reservation all provisions of these Terms and Conditions and agrees to these Terms and Conditions and the use of personal data.
The rights and obligations of the contracting parties not expressly provided for shall be governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended.
If any provision of these Terms and Conditions is or becomes invalid or ineffective, the invalidity or ineffectiveness of such provision shall not invalidate the Terms and Conditions as a whole or any other provisions of these Terms and Conditions, provided that such invalid or ineffective provision is severable from the rest of the Terms and Conditions. The contracting parties undertake to replace such invalid or ineffective provision with a new valid and effective provision which shall correspond as closely as possible to the substance and meaning of the original provision.
The specific Contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
The Purchase Contract pursuant to these Terms and Conditions and in conjunction with the use of the Web Interface website can only be concluded in the Czech language.
If the Buyer believes that the Seller has violated their obligations under the Contract, they shall communicate their complaint to the email address motorservis@motorservis.cz. In the event that, despite the mutual efforts of the Buyer and the Seller, there is no agreement on the resolution of the dispute, the Buyer is entitled to file a motion for out-of-court settlement of a consumer dispute on the basis of Act No. 634/1992 Coll., on Consumer Protection. The subject of out-of-court settlement of consumer disputes between the Seller and the Buyer as a consumer is the Czech Trade Inspection Authority. The Buyer may submit a proposal to the Czech Trade Inspection via an on-line form available on the website of the Czech Trade Inspection Authority: https://adr.coi.cz/cs . The Buyer may submit a proposal to the Czech Trade Inspection within 1 year from the date on which they first exercised they right, which is the subject of the dispute, with the Seller. The Buyer may also file a claim through the EU out-of-court consumer dispute resolution platform, which is available online at:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=CS. Only a consumer living in the EU can file a claim against a trader based in the EU. If the disputing parties are not satisfied with the quality of the out-of-court settlement of the consumer dispute and believe that the Rules for Out-of-Court settlement of Consumer Disputes have been violated during the proceedings, they can file a complaint to the Ministry of Industry and Trade or to e-mail address adr@mpo.cz.
The costs of out-of-court settlement of consumer disputes are borne by the parties themselves.

In Šumperk, on 9/10/2023