Terms and Conditions

1. Preamble

These General Terms and Conditions (also referred to as the “Terms”) apply to purchases in the online shop www.cmkarting.cz, operated by CM Karting s.r.o., company ID 22395474, with its registered office at Báštěcká 85, 250 69 Klíčany. They govern the sale of goods between CM Karting s.r.o., company ID 22395474, with its registered office at Báštěcká 85, 250 69 Klíčany (the “Seller”), and its business partners (the “Buyer”).

All contractual relationships are concluded in accordance with the laws of the Czech Republic. By placing an order, the Buyer confirms that they have read and agree to these Terms, which include the complaints procedure. The Buyer is adequately informed of these Terms before placing the order and has an opportunity to read them.

2. Definitions

1. Seller
The Seller is CM Karting s.r.o., company ID 22395474, with its registered office at Báštěcká 85, 250 69 Klíčany.

2. Buyer
The Buyer is a consumer or a business customer.

A consumer is an individual who, when concluding and performing a purchase contract with the Seller, is not acting within their trade, other business activity or independent profession. At the start of the business relationship, the consumer provides only the contact details necessary to process the order, and any details they wish to have included on purchase documents.

Legal relationships between the Seller and a consumer not expressly governed by these Terms are governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, both as amended, and related legislation.

A business customer means:
• a person entered in the Commercial Register, particularly a company;
• a person doing business under a trade licence, registered in the Trade Register;
• a person doing business under an authorisation other than a trade licence pursuant to special legislation, including independent professions such as lawyers;
• a person engaged in agricultural production and registered under special legislation.

Legal relationships between the Seller and a business Buyer not expressly governed by these Terms or the contract between the Seller and Buyer are governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, and related legislation.

An individual contract between the Seller and Buyer takes precedence over these Terms.

3. Consumer contract
A purchase contract, contract for work or other contract under the Civil Code where one party is a consumer and the other is a supplier or Seller.

3. Processing of personal data

All handling of Buyers’ personal data is governed by Act No. 101/2000 Coll., on Personal Data Protection, as amended, and other legislation applicable in the Czech Republic. By their free decision (pressing the button), the Buyer indicates that they are aware of the above and agree to further processing of their personal data to perform the commercial contract with the operator of this online shop. Providing personal data is voluntary. You have the right to access your data and the protection of rights provided by law. You may always request erasure. Personal data will be fully protected against misuse. Data will be retained and will not be shared with third-party applications.

The Controller informs data subjects of their rights under Act No. 101/2000 Coll., on Personal Data Protection, particularly that providing personal data is voluntary, that they have the right to access it, and that they may withdraw the above consent in writing at the Controller’s address at any time. If their rights are infringed, they may contact the Office for Personal Data Protection and seek appropriate remedies, including cessation of the Controller’s conduct, rectification of the situation, an apology, correction or completion, blocking or destruction of personal data, monetary compensation, and other rights under Sections 11 and 21 of that Act. A Buyer wishing to correct personal data processed by the Operator or Seller may request this at rezervace@cmkarting.cz or at the Operator’s or Seller’s postal address above.

Under Article 13 of the General Data Protection Regulation, we process personal data only to perform the commercial contract. The retention period is the period necessary for the tax administrator’s purposes, as prescribed by law.

4. Orders and conclusion of the contract

The Buyer may submit an order to the Seller only through the online shop’s ordering system.

The Seller’s display of goods on the website constitutes an offer to conclude a purchase contract. The purchase contract is formed when the consumer Buyer sends the order and the Seller accepts it. The Seller promptly confirms acceptance by an informational email to the supplied email address; this confirmation does not affect formation of the contract. The resulting contract, including the agreed price, may be changed or cancelled only by agreement of the parties or on statutory grounds.

These Terms are drawn up in Czech, and a purchase contract may also be concluded only in Czech. By confirming the order, a consumer permanently resident in an EU Member State outside the Czech Republic, or a citizen of such a Member State, agrees to conclude the purchase contract in Czech.

Once the purchase contract has been concluded, it is not possible to determine whether errors occurred during data processing before the order was submitted or to correct such errors. The Seller archives the concluded purchase contract and makes it available to the Buyer on request for one year from signing.

5. Price and payment

The offers and prices in the Seller’s online shop are contractual, final, current and valid for as long as the Seller offers them there. Delivery costs are set out under “Delivery period and conditions”. The Buyer bears the costs of using remote communication. The final price calculated after completion of the order form includes delivery. The price applicable when the contract is concluded is the price shown for the goods when the Buyer orders them.

The tax document issued under the purchase contract also serves as the delivery note. Unless otherwise agreed, the Buyer may take delivery only after paying in full.

If the Buyer pays and the Seller subsequently cannot deliver the goods, the Seller promptly refunds the payment in the agreed manner. The refund period depends on the selected method, but must not exceed 30 days from when delivery became impossible.

The goods remain the Seller’s property until paid for in full. The Seller accepts:
• GoPay
• Cash on collection

6. Delivery period and conditions

The Seller fulfils delivery by handing the goods to the Buyer or to the first carrier; the risk of damage passes to the Buyer at that point. Product availability is shown in the product details. Delivery depends on product availability, payment conditions and delivery conditions, and takes no more than 14 days. Normally, goods are dispatched within three working days of payment of the full purchase price. The final delivery date is always stated in the order confirmation email. Installation is not included. The Buyer receives a tax document/invoice with the shipment.

For goods paid for on receipt, i.e. cash on delivery, the delivery period begins on valid conclusion of the purchase contract under Article IV of these Terms. If the Buyer chooses another payment method, the delivery period begins only after the purchase price has been paid in full, meaning the relevant amount has been credited to the Seller’s account.

The Seller accepts these delivery methods:
• PPL
• Personal collection
• Email

When exchanging goods within 14 days of purchase, the Buyer is charged postage for each individual shipment to them.

If the Buyer returns goods to the Seller within 14 days, the Buyer pays postage.

For rides purchased online, cancellation may be requested no later than 48 hours before the purchased ride.

7. Warranty and service

The warranty period for consumer goods is 24 months; for food it is eight days. If an expiry or use-by period is marked on the goods, packaging or accompanying instructions in accordance with special legislation, the warranty ends when that period expires.

The warranty does not cover wear caused by normal use. For goods sold at a reduced price, it does not cover the defects for which the reduced price was agreed. For used goods, the Seller is not liable for defects corresponding to the extent of use or wear present when the Buyer received them.

Under the applicable laws of the Czech Republic, a Buyer purchasing in connection with their business is not provided with a warranty beyond the Seller’s general liability for defects present on delivery. Business Buyers purchasing goods in connection with their business activities are provided with a 12-month warranty period.

To claim a warranty repair, a purchase document (receipt, invoice or lease agreement) and, where applicable, a warranty certificate must be presented. Goods sent to the Seller must be packaged to prevent damage during transport.

The Seller does not provide post-warranty service.

8. Complaints procedure

If a defect occurs during the warranty period, the Buyer has the following rights depending on its nature.

For a repairable defect:
a) free, proper and timely repair;
b) replacement of the defective goods or component, unless disproportionate to the nature of the defect;
c) if neither a) nor b) is possible, a reasonable reduction in the purchase price or withdrawal from the purchase contract.

For an irreparable defect:
a) replacement of the defective goods or withdrawal from the purchase contract.

For a repairable defect that prevents proper use because it recurs after repair (the same defect has already been the subject of three claims), or because there are multiple defects:
a) replacement of the defective goods or withdrawal from the purchase contract.

For other irreparable defects where the consumer does not request replacement:
a) a reasonable reduction in the purchase price or withdrawal from the purchase contract.

A complaint may be submitted to the Seller at any of its premises.

Complaints do not cover:
• faults or damage demonstrably caused by improper use, use contrary to the instructions, or other improper conduct by the Buyer;
• demonstrably unauthorised interference with the goods;
• defects caused by normal wear;
• consumer goods with a statutory use-by period where the complaint is submitted after that period;
• defects caused by natural disasters.

9. Termination of the contract

Because the purchase contract is concluded by distance communication, a consumer Buyer may withdraw without penalty within 14 days of receiving the goods. A consumer Buyer may also withdraw under Section 53(7) and (8) of Act No. 40/164 Coll., the Civil Code, as amended. This does not apply to a business Buyer concluding the purchase contract in connection with their business. On such withdrawal, the Seller refunds the purchase price to the bank account notified by the Buyer for that purpose.

The Seller may withdraw if the Buyer fails to pay the full purchase price within 30 days of conclusion of the purchase contract.

10. Final provisions

The Buyer shall enable the Seller to fulfil its obligations under the offer/contract and provide all necessary cooperation.

The Buyer undertakes to pay all costs incurred by the Seller in sending reminders and recovering outstanding debts.

The Buyer acknowledges that the Seller may assign its claim under the contract to a third party.

The Buyer shall promptly notify the Seller of changes to identification details, no later than five working days after the change.

The parties undertake to make every effort to settle amicably all disputes arising from or connected with the contract and/or these Terms.

The parties’ contractual relationship is governed by Czech law, particularly Act No. 40/1964 Coll., the Civil Code, as amended. For contracts with an international element, under Article III of Regulation No. 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council on 17 June 2008 (“Rome I”), the parties choose Czech law for the purchase contract and these Terms, excluding the UN Convention on Contracts for the International Sale of Goods. This choice does not affect Article VI of Rome I concerning consumer contracts.

If a provision of the contract and/or these Terms is, becomes or is found invalid or unenforceable, this does not affect the validity and enforceability of the remaining provisions to the fullest extent permitted by law. The parties undertake to replace it with a valid, enforceable provision whose lawful meaning and effect match the intended provision as closely as possible.

As a legal precaution, for contracts with an international element and disputes other than those within an arbitrator’s exclusive jurisdiction and/or related to them, or where a final court decision finds that the arbitrator lacks jurisdiction under this article, the parties agree under Article 23 of Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters to the exclusive jurisdiction of the municipal court in [place not specified in the supplied Czech text] for all future disputes arising from or connected with the contract and/or these Terms. The parties likewise establish the exclusive jurisdiction of the municipal court in [place not specified in the supplied Czech text] for all disputes connected with the contract and these Terms, except disputes within an arbitrator’s exclusive jurisdiction and/or related to them.

These Terms become valid and effective on 1 February 2016 and are also available on the Seller’s website. The Seller may amend them at any time. They cease to be valid and effective when later Terms take effect.