1. Operator / Contact
Contact address: U lipové aleje 719/26, 107 00, Praha 10 - Dubeč
The entrepreneur is registered in the Trade Register. List of establishments: the mtbrzdy.cz internet portal operates only as a forwarding e-shop or as a retail outlet operated outside of a regular establishment.
The information about the goods and the price given by the seller is binding except for obvious errors. Prices are presented inclusive of all taxes (e.g. VAT) and charges, except for delivery costs.
Information on accepted methods of payment is set out in paragraph 3. Payment options. The Seller does not charge any fees depending on the payment method.
The Buyer cannot deviate from the Seller's offer when selecting the goods. If the Buyer specifies in the order goods other than those offered by the Seller or goods with different characteristics, the contract will not be formed. At the same time, the seller cannot deliver goods other than those ordered by the buyer, unless otherwise agreed.
According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. He is also obliged to register the sales received with the tax authorities online; in case of technical failure, within 48 hours at the latest.
The contract of sale is concluded in the Czech language.
The resulting purchase contract or tax document will be stored in the seller's electronic archive. Customers will be sent the contract in electronic form upon request.
Acceptance of unsolicited performance by the buyer does not imply acceptance of the offer.
Pictures of the goods are for illustrative purposes only and may not correspond to the actual form of the item.
3. Payment option
You can pay in our shop in the following ways:
by cash on delivery - you pay for the goods when you pick up the shipment from the shipping company
by bank transfer - payment by bank transfer from your account to our account. We ship or hand over the goods only after receiving payment.
Payments in CZK
to our bank account: 1014105035 / 3030 variable symbol: your order or invoice number
Payments in EUR
to our bank account: 1014105051 / 3030 IBAN: CZ20 3030 0000 0010 1410 5051
variable symbol: your order or invoice number
- by PayPal to our PayPal account: email@example.com. You do not pay anything to the delivery courier, the parcel will be handed over to you upon presentation of your ID (ID card, passport)
- by credit card. You do not pay anything to the delivery courier, the parcel will be handed over to you upon presentation of an identity document or signature of acceptance of the parcel
4. Delivery of goods
The Seller shall deliver the goods to the Buyer complete, no later than 15 days from the order confirmation, unless a different delivery period is specified for individual goods. These delivery times are approximate and valid only for the Czech Republic. Delivery times may vary depending on the type of goods. If the goods are listed as "in stock", the Seller shall ship the goods within three working days at the latest, unless otherwise agreed with the Buyer. If the delivery time is longer or if it is not possible to deliver the goods, the customer is informed immediately after discovering this fact. The buyer is obliged to accept and pay for the goods. The buyer is advised to check the goods as soon as possible upon receipt.
The Seller shall send the documents for the goods, in particular the tax document, receipts and certificates, to the Buyer immediately upon receipt of the goods, but at the latest within two days of the Buyer's receipt of the goods.
If the Buyer so requests, the Seller shall confirm to the Buyer in writing to what extent and for how long the Buyer's obligations under the defective performance continue and how the Buyer may exercise his rights thereunder.
For price and method of delivery see: DELIVERY TERMS
If the Buyer fails to take delivery of the goods within the agreed time by breach of his obligation, the Buyer shall be obliged to pay the Seller the costs of the unsuccessful delivery of the goods, up to a maximum of CZK 300. The Seller shall be entitled to set off the costs of storage and the costs of unsuccessful delivery of the goods due to lack of cooperation on the part of the Buyer in the amount necessary against the proceeds of the sale.
If the Buyer is in default in taking delivery of the goods, the Seller is entitled to sell the goods in a suitable manner after giving the Buyer a notice by e-mail and a new reasonable period of time for taking delivery.
5. Order cancellation and withdrawal from the contract
In the case of contracts concluded at a distance (remotely), the buyer may withdraw from the contract within 14 days of receipt of the goods or the last part of the delivery, regardless of the method of receipt of the goods or payment. This period is intended to allow the buyer to become reasonably familiar with the nature, characteristics and functionality of the goods.
The buyer is also entitled to withdraw from the contract at any time before delivery of the goods.
The buyer shall send or deliver the withdrawal to the seller within 14 days. The buyer does not have to state the reason for which he withdraws from the contract. To facilitate communication, it is advisable to include the date of purchase or contract/sales receipt number, bank account and the chosen method of return in the withdrawal.
The Seller is obliged to refund the Buyer the amount fully corresponding to the price of the goods and the costs paid for their delivery within 14 days of withdrawal from the contract, in the same way as the payment was received from the Buyer, or according to a previously agreed method. Within the same period (within 14 days) at the latest, the buyer is obliged to send or hand over the purchased goods to the seller. The goods should be returned to the seller (not on delivery) complete, preferably in the original packaging, and must not show signs of wear or damage. The cost of returning the goods is borne by the buyer.
If the returned goods are damaged due to a breach of the buyer's obligations, the seller is entitled to make a claim against the buyer for the depreciation of the value of the goods and deduct it from the amount returned.
Exceptions. for contracts for the supply of goods and services, including alcoholic beverages, the price of which depends on the fluctuations of the financial market independently of the will of the seller; for contracts for the supply of goods adapted to the wishes of the consumer or for his person; and for contracts for perishable goods, goods which have been irretrievably mixed with other goods or removed from their sealed packaging and cannot be returned for hygienic reasons; for the supply of sound or visual recordings or computer programs where the original packaging has been damaged by the purchaser; for the supply of newspapers, magazines or other periodicals; for contracts for accommodation, transport, catering or leisure provided at a specified time or for contracts concluded by public auction under the law governing public auctions and for contracts for repair or maintenance carried out at a place specified by the consumer at his request.
The withdrawal form is available here: WITHDRAWAL FORM.
6. Rights and obligations arising from defective performance
Quality on receipt
If the goods received have defects (e.g. they do not have the agreed or reasonably expected characteristics, are not suitable for the usual or agreed purpose, are not complete, do not correspond to the quantity, measure, weight or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects of the goods for which the seller is liable.
The buyer may, within two years of receipt of the goods, claim from the seller free of charge or a reasonable discount on the price if he so requests; if this is not disproportionate to the nature of the defect (in particular if the defect cannot be removed without undue delay), a claim may be made for the delivery of a new item without defects or a new part without defects if the defect relates only to that part.
If repair or replacement of the goods is not possible, the buyer may claim a full refund of the purchase price upon withdrawal from the contract.
If the defect manifests itself within six months of the consumer's receipt of the goods, the goods shall be deemed to have been defective upon receipt.
The seller is not obliged to satisfy the buyer's claim if he proves that the buyer knew about the defect before taking over the goods or caused it himself.
In the case of second-hand goods sold, the seller is not liable for defects corresponding to the degree of previous use or wear and tear. For goods sold at a lower price, the seller is not liable for the defect for which the lower price was agreed. In such cases, the buyer shall be entitled to a reasonable discount in lieu of the right of exchange.
Legal rights from defects
The consumer buyer is entitled to exercise the right to claim the right from a defect that occurs in consumer goods within twenty-four months from the date of receipt
A business buyer is entitled to claim a right in respect of a defect which was present when the risk of damage passed to the buyer, even if it does not become apparent until later. The right of the purchaser-entrepreneur shall also be established by a defect arising later which the seller has caused by a breach of his duty.
The buyer is obliged to notify the seller of the defect without undue delay after he could have discovered it by timely inspection and sufficient care.
Within this period, the buyer may make a claim and, at his option, claim for a defect that constitutes a material breach of contract (regardless of whether the defect is remediable or irremediable):
- remedy the defect by supplying a new item without the defect or by supplying the missing item;
- remedying the defect by repair free of charge;
- a reasonable discount on the purchase price;
- refund of the purchase price on the basis of withdrawal from the contract.
A material breach of contract is one which the party breaching the contract already knew or must have known at the time of entering into the contract that the other party would not have entered into the contract if it had foreseen the breach.
In the case of a defect that constitutes an insubstantial breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to have the defect remedied or to a reasonable reduction in the purchase price.
If the removable defect has occurred repeatedly after repair (third claim for the same defect or fourth claim for different defects) or the goods have a greater number of defects (at least three defects at the same time), the buyer may exercise the right to a discount on the purchase price, replacement of the goods or withdrawal from the contract.
The seller is not liable for defects resulting from normal wear and tear or failure to follow the instructions for use.
7. Complaint handling
The buyer is obliged to file a claim with the seller or a person designated for repair without undue delay after the discovery of the defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the manner in which the complaint is to be handled.
Complaint form for download: WARRANTY CLAIM FORM
Upon notification of the defect or without undue delay after notification of the defect, the buyer is obliged to inform the seller what right (method of complaint settlement) he has chosen. A change of choice without the seller's consent is only possible if the buyer has requested the repair of a defect that proves to be irremediable.
If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.
The buyer is obliged to prove the purchase of the goods (preferably by proof of purchase). The time limit for the settlement of the claim runs from the handover/delivery of the goods to the seller or to the place designated for repair. The goods should be packed in suitable packaging to prevent damage during transport and should be clean and complete.
The seller must decide on the complaint without delay, within three working days at the latest, or if a professional assessment is required to make a decision. The information on the need for a professional assessment shall be communicated to the buyer within this period. The Seller shall settle the complaint, including the removal of the defect, without undue delay, at the latest within 30 days of its submission, unless a longer period is agreed in writing with the Buyer. After the expiry of this period, the buyer has the same rights as if it were a material breach of contract.
If the seller refuses to remedy the defect, the buyer may demand a reasonable reduction in the price or withdraw from the contract.
The warranty period shall be extended by the time from the time the claim is made until the claim is settled or until the buyer is obliged to collect the item.
If it is not possible to monitor the status of the claim online, the Seller undertakes to inform the Buyer of the settlement of the claim by e-mail or SMS as requested by the Buyer.
In the case of a legitimate complaint, the Buyer is entitled to reimbursement of the costs reasonably incurred.
Other rights and obligations of the parties related to the seller's liability for defects are governed by our COMPLAINT CONDITIONS.
8. Dispute Resolution
Mutual disputes between the seller and the buyer are resolved by the general courts.
According to Act No. 634/1992 Coll., on Consumer Protection, as amended, the buyer who is a consumer has the right to out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The Czech Trade Inspection Authority is the entity authorised to carry out out-of-court dispute resolution. Further information is available on the website www.coi.cz.
Out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's request, and only if the dispute has not been resolved directly with the seller. The application may be submitted within 1 year of the date on which the consumer first exercised the right at issue with the seller.
The Seller undertakes to seek out-of-court dispute resolution with the Buyer as a matter of priority, unless the Buyer refuses. This procedure is not mediation according to Act No. 202/2012 Coll., on mediation, as amended, or arbitration according to Act No. 216/1994 Coll., on arbitration and enforcement of arbitral awards, as amended, and its use does not affect the right of the parties to take their claim to the Czech Trade Inspection Authority or to court.
During the duration of the out-of-court settlement negotiations, the limitation and prescription periods under the Civil Code shall not run or commence until one of the parties to the dispute expressly refuses to continue the negotiations.
Supervision of compliance with the obligations under Act No 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech Trade Inspection Authority (www.coi.cz).
The pictures of the goods are only illustrative - the name of the product is decisive! The description of the goods is taken from the manufacturer or importer - in the event of inaccuracies (e.g. incorrect weight), the seller is not liable. For goods that are on sale or on sale, the condition is valid until stocks run out or until further notice.
The prices of goods are final in CZK including VAT at the statutory rate.
A consumer is a person who, unlike the seller, is not acting in the course of his business or profession when concluding and performing a contract.
Information on advice:
All oral and written information about the suitability and possibility of using the goods supplied is communicated to the best of the seller's knowledge. However, they represent only the value of the seller's experience and information which the seller has himself obtained from the manufacturer or his supplier.
Complaints and comments of the Buyer, which relate to the contractual relationship concluded between the Seller and the Buyer, are handled by the Seller in accordance with the applicable regulations, whereby complaints and comments can be made by the Customer by telephone: +420 606 770 993 or e-mail: firstname.lastname@example.org. If the complaint is a complaint of goods, it will be handled as a complaint in accordance with the applicable legislation.
In the case of delivery of documents between the parties, the Seller's registered office and the Buyer's address specified in the order shall be deemed to be the delivery address.
Other matters not specified herein shall be governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legislation, as amended.
The contract and related matters are governed by Czech law.
Changes to the terms and conditions in a form other than mutually agreed in writing are excluded.