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Business Terms and Conditions

of TRUE TRAC s.r.o., company ID number 270 87 611,
with its registered office at Prague 8 - Dolní Chabry, Dopraváků 723/1, postal code 184 00

I. Basic provisions

1. These GBTC regulate the relations between the contracting parties to the purchase contract, in terms of which one contracting party is TRUE TRAC s.r.o., company ID number 270 87 611, with its registered office at Prague 8 - Dolní Chabry, Dopraváků 723/1, postal code 184 00, incorporated in the Commercial Register maintained by the Municipal Court in Prague, in Section C, Insert 95315 as the seller (hereinafter referred to as the “Seller”) and the other party is the buyer and/or client, which may also be a consumer (hereinafter referred to as the “Buyer”). More detailed information about the Seller can be found on the following website: www.true-trac.com.  

II. Definition of terms

1. The Buyer is a consumer or entrepreneur.

2. A consumer is a natural person, who is not acting in terms of his business or other commercial activity or in terms of independent performance of his profession whilst concluding and performing the purchase contract with the Seller.

3. Legal relations between the Seller and the Buyer - consumer not explicitly regulated for by these GBTC shall primarily be governed by the respective provisions of Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, both as amended.

4. An entrepreneur shall be understood to mean:

  • a party registered in the Commercial Register, 
  • a party which does business on the basis of a trade licence, 
  • a party which does business on the basis of an authorisation other than a trade licence in accordance with special regulations, and 
  • person who enters into a contract related to their commercial, industrial or similar activities, or in the exercise of his own profession, or person acting for or on behalf of the entrepreneur

5. Legal relations between the Seller and the Buyer - entrepreneur not explicitly regulated for by these GBTC or by the contract between the Seller and the Buyer shall be governed by the respective provisions of Act No. 89/2012 Coll., the Civil Code, as amended, as well as by related regulations. In the event of any differences between the GBTC and any possible individual contract, the text of the contract shall always take precedence.

6. By placing an order, the Buyer confirms that he has familiarised himself with these GBTC and that he agrees to them, this being in the version amended and effective at the moment the order is sent. The Claims regulations constitute an integral part of the GBTC.

7. The Buyer acknowledges that by purchasing products which are included in the Seller’s commercial offer, no right is created for him to use the registered trademarks, brands, trade names, company logos or patents of the Seller or other companies, unless agreed otherwise by means of a separate contract in a specific case.

III. Purchase contract

1. If the Buyer is a consumer, the proposal for the conclusion of a purchase contract is constituted by the placement of the offered goods by the Seller on its website, with the exception of the exhaustion of stocks or loss of the seller's ability to perform. A purchase contract is created by the sending of an order by the Buyer who is a consumer and the acceptance of the order by the Seller. The Seller shall confirm this acceptance for the Buyer without delay by means of an informational e-mail to the stipulated e-mail address in addition the seller can inform the buyer about the exhaustion of stocks or loss of the seller's ability to perform. The created contract (including the agreed price) may only be altered or cancelled on the basis of an agreement by the parties or on the basis of legal grounds.

2. If the Buyer is an entrepreneur, the proposal for the conclusion of a purchase contract is constituted by the order of goods sent by the Buyer who is an entrepreneur and the actual purchase contract is concluded at the moment of delivery of the Seller’s binding consent to this proposal sent to the Buyer who is an entrepreneur.

3. Resolution of disputes. The relations and any possible disputes which arise on the basis of this contract shall be resolved exclusively in accordance with the valid law of the Czech Republic by the materially and locally pertinent courts of the Czech Republic.

 

4. Contractual language. The contract is concluded in Czech. If a translation is made of the text of the contract for the requirement of the Buyer, the decisive version of the text of the contract shall be the Czech version.

 

5. Archiving. The concluded contract is archived by the Seller for a period of at least five years from its conclusion, no longer however than for the period as stipulated by the respective legal regulations, for the purpose of its successful performance and shall not be available to third parties who are not involved. Information about the individual technical steps leading towards the conclusion of a contract is evident from these GBTC where this process is described in a comprehensible manner. The Buyer has the option, before actually sending the order, to check this order and to correct it if necessary. These GBTC are available on the Seller’s website and their archiving and reproduction by the Buyer are thus facilitated. Seller voluntarily follows the Code of Ethics, which is published on the website of the seller.   

6. The costs for using means of remote communication (telephone, internet, etc.) to place an order are at their usual level, based on the tariff for telecommunications services used by the Buyer.

 

IV. Security and protection of information

1. The Seller declares that all personal data is confidential, shall only be used to implement the performance of the contract with the Buyer and the Seller’s marketing campaigns and shall not be published otherwise or provided to any third party with the exception of situations relating to the distribution or payment transactions relating to the ordered goods (communication of names and addresses for delivery). The Seller shall proceed in such a way that the subject of data does not suffer any injury to his rights, especially to the right to the preservation of human dignity, and shall also ensure protection against unauthorised encroachment into the privacy and private life of the subject of the data.

2. Personal data which is provided voluntarily by the Buyer to the Seller for the purpose of implementing the order and the marketing campaigns of the Seller, is gathered, processed and stored in accordance with the valid laws of the Czech Republic, especially with Act No. 101/2000 Coll., on Personal Data Protection, as amended and effective.

3. The Buyer grants the Seller his consent to gather and process this personal data for the purposes of the performance of the subject of the concluded purchase contract and to use it for the marketing purposes of the Seller and entities linked in terms of personnel and assets with the Seller (especially for sending commercial messages, telemarketing, sms), this being until his written statement of objection to such processing sent to the appropriate address. In this case, an electronic statement, especially via the contact form on the website, shall also be regarded as a written statement.

4. The Buyer is entitled to access his personal data and has the right to correct it.

 

V. Prices

1. All prices are contractual prices. Prices are final, i.e. inclusive of VAT and, as the case may be, other taxes and fees which the consumer must pay for the goods acquired, this does not relate to any possible fees for transportation and similar.

2.  Special offer prices always apply while the stock of the stipulated number of items of goods on special offer lasts or until the specified time limit has expired.

 

VI. The order process

1. The Buyer acquires the goods for the price valid at the time the order is placed. A Buyer who is a consumer has the option, before the implementation of the order, of familiarising himself with the total price including VAT and all other fees. This price will be stipulated in the order and in the message confirming acceptance of the order for the goods. A Buyer who is a consumer has the option, before the implementation of the order, of familiarising himself with the duration of the period over which the offer or price will remain valid.

 

2. Orders can be placed in the following ways:

  • via the e-shop at www.true-trac.com (hereinafter referred to as the “e-shop”)
  • by e-mail to the address objednavky@true-trac.com
 

VII. Withdrawal from the contract

A. Withdrawal from the contract by the Buyer - consumer

1. A Buyer who is a consumer in entitled, in accordance with § 1829 paragraph 1 ofthe Civil Code, to withdraw from the contract within a deadline of 14 days from acceptance of the goods if the contract was concluded with the aid of a means of remote communication. If the consumer decides to exercise this right, he must deliver a notice of withdrawal from the contract to the Seller no later than by the 14th day from the acceptance of the goods. The Seller is only entitled to compensation for actually incurred costs relating to the return of the goods. Seller is not obligated to return received funds to the buyer - consumer before the buyer - consumer returns goods.

 

2. The notice of withdrawal and the goods must be sent to the following address:
 TRUE TRAC s.r.o.,
Dopraváků 723/1,
Prague 8 - Dolní Chabry, postal code 184 00

3. If the consumer exercises his right to withdraw from the contract within 14 days from the acceptance of the performance, the consumer must surrender everything he gained on the basis of the purchase contract to the Seller. If this is no longer possible (e.g. the goods have been destroyed or used in the meanwhile), the consumer must provide monetary compensation as consideration for that which can no longer be surrendered. If the returned goods are only partially damaged, the Seller may exercise the right towards the consumer of compensation for the damages and offset his entitlement against the refunded purchase price. In such a case, the Seller is obliged to prove the damage caused.

4. Apart from cases when the withdrawal from the contract is explicitly arranged, the consumer cannot withdraw from contracts:

a) for the provisioning of services, if their performance was commenced with his consent before the expiry of the 14-day deadline from the acceptance of the performance and the Seller before the conclusion of the contract told the Consumer that in such case there is no right of withdrawal,
b) for the delivery of goods or services, the price of which is dependent on deviations on the financial market independently of the will of the Seller and which may occur during the period for withdrawal,
c) the supply of alcoholic beverages, which can be delivered only after a period of thirty days and whose price depends on fluctuations of financial markets beyond the control of the seller
d) for the delivery of goods modified according to the wishes of the consumer or for his person, as well as perishable goods, goods which are subject to rapid wear and tear or obsolescence,
e) for the delivery of audio and video recordings and computer programmes, if the consumer has opened their original packaging,
f) for the delivery of newspapers, periodicals and magazines,
g) the repair or maintenance work performed at the location specified by the consumer at his request; however this does not apply in the case of a subsequent execution other than the requested repairs or delivery of other than the requested spare parts,
h) the supply of sealed goods which the consumer has removed from its packaging and that cannot be returned for hygienic reasons,
i) accommodation, transport, catering or leisure activities, where the seller provides these transactions within the specified time
j) concluded at a public auction in accordance with the law governing public auctions
k) for the supply of digital content, if not delivered on a tangible medium and if it was delivered with the prior explicit consent of the consumer before the deadline for withdrawal and if the entrepreneur informed the consumer before conclusion of the contract that in this case there is no right of withdrawal from the contract.

5. In accordance to the provisions §1820 paragraph 1 of Law No 89/2012 Coll., the Civil Code, the seller informs that the buyer can turn with his complaints to the Czech Trade Inspection Authority

B. Withdrawal from the contract by the Buyer - entrepreneur

1. If the Buyer is an entrepreneur, application is made of the provisions of § 2099 and Act No. 89/2012 coll., Civil code, as amended. 

 

VIII. Payment conditions

1. The Seller accepts the following methods of payment:

a. in advance by means of a bank transfer,
b. by means of payment card via the internet payment portal,
c. by means of cash on delivery of the goods (cash is accepted from the customer by the carrier – the Buyer also pays a fee for payment through cash on delivery),

2. The goods remain the property of the Seller until payment in full and their acceptance. The risk of damage to the items is transferred to the Buyer at the moment of the acceptance of the goods.

 

IX. Delivery conditions

1.
a) Collection in person:
Only the Buyer may take receipt of the goods. This person must provide sufficient identification and prove this with a valid ID document
b) Sending by means of a forwarding service - CZ:
Goods can be sent to the Buyer by means of a forwarding service, e.g. PPL, or Česká pošta s.p. Prices for transportation are governed by the price list valid on the date of the order and are available on the Seller’s website.

2. The Buyer - entrepreneur is obliged to check the condition of the consignment together with the forwarder immediately on delivery (the number of packages, integrity of the tape with the company logo, damage to the box) according to the attached carriage document. The Buyer is entitled to refuse acceptance of a consignment which does not comply with the purchase contract in that the consignment is, for example, incomplete or damaged. If the Buyer accepts a consignment damaged in this manner from the carrier, the damage must be described in the carrier’s handover record.

 

3. An incomplete or damaged consignment must be reported immediately by e-mail to the address reklamace@true-trac.com, a damage record must be drawn up with the carrier and this must be sent without unnecessary delay by fax, e-mail or post to the Seller. Post facto claims for incompleteness or external damage to a consignment shall not deprive the Buyer of the right to make a claim for the item, but they do provide the Seller with the possibility of proving that this does not represent a conflict with the purchase contract.

   

X. Warranty conditions, rights arising from defective performance

1. Warranty conditions for the goods are governed by the Seller’s claim regulations and the valid and effective legal regulations of the Czech Republic.  

2. Proof of purchase or the receipt usually serves as a warranty certificate.

 

XI. Closing provisions

These business terms and conditions are valid and effective from 1.1.2014 and cancel the previous version of the GBTC. The Seller reserves the right to change the GBTC without prior warning.