General Terms and Conditions of TOP DRIVE CLUB

v. PS2023/11/1

This document constitutes the General Terms and Conditions (hereinafter referred to as “GTC“ or “Terms and Conditions“) for the purchase of “TOP DRIVE CLUB“ goods (hereinafter referred to as “TDC“), in particular in connection with the purchase of passenger vehicles and related services, issued by AMILO s.r.o, ID: 48529214, VAT ID: CZ48529214, with its registered office at Přímá 526, Prštné, 760 01 Zlín, a company registered in the Commercial Register at the Regional Court in Brno, Section C, Insert 9873 (hereinafter referred to as the “Seller“).

I. Basic Provisions

These GTC regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code“), the relations between the contracting parties, where on the one hand is the Seller and on the other hand is the Customer to whom the goods or services of TDC are provided (hereinafter referred to as the “Customer“). The Customer within the meaning of these GTC is a consumer or an entrepreneur.
These GTC shall apply to the sale of all goods, items and other movable property of the Seller to the Customer and the provision of services related thereto, in particular the sale of passenger cars, motor vehicles and their accessories (hereinafter referred to as “TDC Goods“). The subject matter of the contract may also include services provided to the Customer as specified in the contract (hereinafter referred to as “Services“). The Services provided to the Customer shall generally include credit brokerage, operating lease brokerage, compulsory insurance brokerage and collision insurance brokerage.
These GTC do not apply to the rental of vehicles and related services and to the scope of services set out in the General Terms and Conditions for Vehicle Rental.
These GTC form an integral part of the purchase contract concluded between the Seller and the Customer (hereinafter referred to as the “Purchase Contract“). The Purchase Contract constitutes a binding agreement between the Seller and the Customer for the TDC Goods. In the event of a conflict between the Purchase Contract and these GTC, the provisions set forth in the Purchase Contract shall prevail.
These GTC shall also apply to all cases where negotiations between the Customer and the Seller are initiated for TDC Goods, the provision of services by the Seller and/or where the sale of TDC Goods and provision of services is made without a written contract.
The contractual relationship is concluded by signing the relevant purchase contract between the Seller and the Customer, if the requirements for its conclusion imposed by the relevant generally binding legal regulations are also met.
These GTC and legal relations between the Customer and the Seller arising on the basis of these GTC are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code“).
These Terms and Conditions are available online on the TDC Web Portal (as that term is defined below).
The last update of the GTC took place on 1 November 2023.

II. Offer of goods

The Operator is the sole owner and operator of the Top Drive Club website available at www.topdriveclub.com (hereinafter referred to as the “TDC Portal“).
All presentation of TDC Goods placed in the web interface of the TDC Portal is of an informative nature and the Seller is not obliged to enter into a purchase contract in respect of such Goods. Section 1732(2) of the Civil Code shall not apply.
The subject of purchase is the TDC Goods specified exclusively in the Purchase Agreement.
The Customer agrees and acknowledges that the TDC Portal serves as a non-binding presentation of the TDC Goods for possible future provision by the Seller. By posting a presentation of the relevant passenger car, the Seller does not represent that the TDC Goods are in stock, available or of a quality and specification fully consistent with the presentation on the TDC Portal.
The Seller reserves the right to specify all the details of the TDC Goods only in the written draft Purchase Agreement, which is the only binding proposal for the conclusion of a contract between the Seller and the Customer.
In the event that there was an obvious technical error on the part of the Seller when listing the price of the goods on the TDC Portal or in communication with the Customer, or during the ordering process, the Seller is not obliged to deliver the goods to the Customer for this obviously erroneous price. The Seller shall inform the Customer of the error without undue delay and send the Customer an amended offer.
The Customer acknowledges that there may be cases when the contract between the Seller and the Customer is not concluded, especially if the Customer orders goods at a price published in error due to an error of the Seller or the Seller's staff. In such a case, the Seller is entitled to withdraw from the purchase contract, of which the Seller shall inform the Customer without undue delay. The Customer acknowledges that in these cases the purchase contract cannot be validly formed and the Customer also acknowledges that the Seller is entitled to claim, among other things, unjust enrichment. Examples where an incorrectly published price may occur are in particular the following:
1. the price of the goods is incorrect at first sight (e.g. it does not take into account the purchase price or the normal price of the goods),
2. the price of the goods is missing or missing one or more digits,
3. the discount on the goods exceeds 50%, without the goods being part of a special marketing campaign or sale marked with a special symbol advertising the corresponding level of discounts. The Seller points out that the information system automatically indicates, even for goods with an apparently incorrect price, that the goods are discounted or on sale, etc. In case of doubt whether the goods are actually discounted or whether there is an obvious error in the price of the goods, the Customer is therefore obliged to contact the Seller and verify the information about the correctness of the price.

III. Conclusion of the Purchase Agreement

The Customer requests a vehicle through the TDC Portal or by communicating with a representative of the Seller. Based on the Customer's request, the Seller will verify the availability of the requested goods, their equipment and technical condition.
If the goods are available, the Seller will prepare a draft purchase contract. The purchase contract shall be concluded in paper form at the Seller's place of business. Unless otherwise agreed, the place of signing the Purchase Contract is the address Vídeňská 84, 252 50 Vestec u Prahy.
The Customer acknowledges that the Seller incurs costs in connection with the provision of the requested vehicle (hereinafter referred to as “Provision Costs“). Provision Costs consist in particular of the costs reasonably incurred for the provision of the transport of the TDC Goods, operating and administrative expenses, costs of importing the TDC Goods to the place of delivery, customs duties, taxes and other taxes and mandatory payments, costs for translations from foreign languages, costs for legal services, etc.
All contracts are numbered and traceable and linkable to the annexes under that number.
The Seller shall not be liable beyond the contractual arrangements for decisions of its contractual partners that are contrary to the concluded contracts. The Provider cannot exert pressure on its contractual partners beyond contractual and legal limits. By signing the contract with the Operator, the Customer acknowledges the above.
The purchase contract is concluded by signature by both parties.
The Purchase Agreement may be amended only by written agreement of both parties or for reasons provided by law, in the form of written amendments numbered in ascending order.
The contract is concluded in the Czech language. In the event of the contract being concluded in another language, the interpretation of the contract in the Czech language shall apply in the event of a dispute as to the interpretation of the contract or the terms contained therein.
Information about the purchase contract and the purchase contract itself are properly archived by the Seller in accordance with the relevant legislation and are not disclosed to third parties.
The Seller reserves the right to declare the Purchase Contract null and void if there has been misuse of personal data, misuse of payment cards, etc., or due to the intervention of an administrative or judicial authority, the Customer will be informed of such a procedure.
The customer agrees to the use of remote means of communication when concluding the purchase contract. Costs incurred by the Customer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Customer.

IV. Conclusion of the purchase contract with the consumer

A customer within the meaning of these GTC is a consumer or an entrepreneur.
A consumer is a natural person who, when concluding and performing contracts with the Operator, is not acting within the scope of his/her trade or other business activity or within the scope of his/her independent exercise of his/her profession. The legal relations of the Consumer with the Seller not directly regulated by these GTC are governed by the relevant provisions of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, both as amended and in force, as well as related regulations.
If the purchase contract is concluded by means of distance communication and concerns the sale of goods, the consumer has the right to withdraw from the contract within 14 days of receipt of the performance without giving any reason, in accordance with Section 1829(1) of the Civil Code. The withdrawal from the contract must be sent to the Seller within the period specified in the previous sentence.
In the event that the consumer wishes to withdraw from the contract within 14 days according to the previous paragraph, he/she shall contact the Seller and indicate in writing that he/she is withdrawing from the contract, indicating the contract number, tax document number (see invoice), variable symbol (see invoice), name and surname, contact telephone number, email address, bank account number/bank code (for refund of the price paid) and the reason for returning the services or goods (this information is for the purpose of improving the quality of the service). The consumer also has the option of using the sample withdrawal form available on the TDC Web Portal (www.topdriveclub.com).
In the event that the consumer withdraws from the contract in accordance with the preceding paragraphs, the Seller shall return the funds received from the consumer (except for the amount representing the additional costs of delivery of the goods incurred as a result of the Customer's chosen method of delivery of the goods, which is different from the cheapest method of standard delivery of the goods offered by the Seller) within 14 days of the consumer's withdrawal from the purchase contract, in the same manner as the Operator received them from the consumer, unless the consumer determines otherwise.
If the consumer withdraws from the contract, the subject of which is the provision of services, and the Operator has started the performance based on the consumer's explicit request before the expiration of the withdrawal period, he/she shall pay the Operator a proportionate part of the agreed price for the performance provided up to the moment of withdrawal. If the agreed price is unreasonably high, the consumer shall pay the Operator a proportionate part of the price corresponding to the market value of the performance provided.
In addition to the general provisions of these terms and conditions, the following special provisions apply to customers in their capacity as consumers. In the event of a conflict with the general provisions of the GTC, the special provisions of this section shall always apply to the consumer.
The contract concluded by means of remote communication will be stored with the Operator. A copy will be sent to the consumer at the request of the consumer sent to the e-mail address czech@topdriveclub.com.
An entrepreneur is a person registered in the Commercial Register or a person who operates on the basis of a trade licence or a person who operates on the basis of a licence other than a trade licence under special regulations. The entrepreneur as a Customer acts within the scope of his/her trade or other business activity. Both the Operator and the Customer are entitled to exercise their right to make enquiries with the relevant inspection body.
By placing an order, signing a contract or depositing a financial amount to the Seller's account, the Customer, whether a consumer or an entrepreneur, confirms that he/she has read these GTC, of which the Complaints Procedure forms an integral part, and that he/she agrees to them in the wording valid and effective at the time of his/her consent. Each Customer shall receive a copy of the GTC upon request.

V. Prices and payments

The Customer is obliged to pay the Seller the agreed purchase price for the purchase of TDC Goods and the provision of services.
The binding purchase price is contractually agreed exclusively in the purchase contract. If the price for the TDC Goods or service is not specified in the Purchase Contract, the Seller's price list shall apply. The price list is placed on the TDC Web Portal (www.topdriveclub.com) or delivered to the Customer in the form of a special price list sent directly to the Customer.
All prices are contractual. Prices on the TDC Web Portal are always approximate. In the case of orders for services or goods on a contractual basis, prices may be determined by an individual price list that is valid for the specific Customer.
Services and goods are delivered with a tax document and, where applicable, a delivery note.
Together with the purchase price, the Customer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount as well as the cost of the collateral. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods and the Cost of Collateral. The price is composed of the price of the ordered services or goods, including VAT, and other charges such as handling fee, transport insurance, recycling fee, or other charges as provided by law, these terms and conditions or other conditions set by the Operator.
In the case of a purchase contract concluded with an entrepreneur, the purchase price includes only the price for the TDC Goods, excluding VAT. The purchase price in the case of a contract concluded with an entrepreneur does not include taxes, costs associated with packaging and delivery of the Goods, costs of security or other charges, unless otherwise specified in the purchase contract.
The price for the services or goods can be paid for in the following ways.
1. in the case of personal collection in cash to the hands of a responsible representative of the Seller;
2. by wire transfer from the account to the Seller's account specified in the relevant contract or tax document.
In case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 3 working days of the conclusion of the purchase contract.
Payment in cash can only be made at the Seller's premises. In the event that a cash payment is to be made outside the premises of the Seller's premises, this must be agreed in writing at least one day in advance of the relevant payment. Payment in cash may only be made to the extent provided by law for cash payments.
In the case of non-cash payment, the customer shall transfer the funds for the purchase of goods or for the payment of services on the basis of the invoice issued to the account specified in the tax document. If the bank account is not specified in the tax document, the Customer shall pay the purchase price to the bank account number 668668668/0300 maintained with Československá obchodní banka, a. s., in CZK. Payment may be made in Czech crowns or, upon written agreement, to another agreed bank account also in euros. In case of payment by wire transfer, the number of the contract, order or invoice - tax document, if sent to the Customer, will be indicated as a variable symbol.
The Seller shall issue a tax document (invoice) in accordance with the requirements of specific tax legislation, in particular Act No. 235/2004 Coll., on value added tax. The invoice may be sent electronically, by post or by other means.
In case of cancellation of the order or its part by the Seller, the paid price (or its part - according to the terms of the respective contract) is sent back to the account number from which it was transferred, usually within 30 days, unless the Seller and the Customer agree otherwise.
Unless otherwise agreed in writing, all deposits made by the Customer in its capacity as an entrepreneur are non-refundable and shall be used primarily for the payment of all costs and expenses in connection with the procurement and provision of the TDC Goods, compensation for lost profits and compensation for the Provisioning Costs.

VI. Ordering of services and goods by the consumer

The customer receives the services and goods at the prices agreed in the draft purchase contract. The customer, if he/she is a consumer, has the opportunity to get acquainted with the total price including VAT and all other possible charges before placing the order. These must be stated together with the price in the contract or order and in the message confirming receipt of the order for services or goods. The consumer shall also have the opportunity to find out for how long the offer and price will be valid.
In the case of ordering services or goods by the Customer as a consumer, their price will be determined according to the valid price list, which is available on the Operator's website (see above) or was sent to the Customer by e-mail. In the case of ordering services by the Customer in the role of an entrepreneur, the price will be determined by the price list sent by electronic mail or traditional mail, or the price list that is an annex to the relevant contract that the Operator is interested in concluding with the Customer in the role of an entrepreneur. If this is not the case, the price shall be the same as for consumers, where the determination is the same, see above.

VI. Insurance

The operator complies with all legal requirements for insurance. The exact information is always specified in the specific contract. Any goods are insured for the duration of the transport.

VII. Terms of delivery

The Seller is obliged to deliver the TDC Goods to the Customer in accordance with the concluded Purchase Contract at the place and under the conditions specified in the Purchase Contract and the Customer is obliged to accept the Goods upon delivery.
The specific conditions of delivery and acceptance of the TDC Goods are set out in the relevant purchase contract concluded between the Seller and the Customer.
In the case of acceptance of TDC Services or Goods, only the persons specified in Article VIII of these GTC may accept them. The person must identify himself/herself sufficiently and, in case of doubt, provide a valid ID or valid passport.
The TDC Goods shall remain the property of the Seller until full payment and acceptance. The risk of damage to the goods shall pass upon acceptance of the goods by the Customer.
The delivery time for goods in stock is no later than 5 working days. The delivery time for goods that are not in stock shall be determined by agreement with the Seller. If no agreement is reached, the delivery period shall be 60 days.
The assumed method of acceptance is personal delivery to the Customer and/or the person specified in these GTC. If the TDC Goods are delivered by other means, the Customer shall bear the cost of transporting the TDC Goods according to the method of transport. In the event that, for reasons on the Customer's side, it is necessary to deliver the Goods repeatedly or by other means, the Customer shall be obliged to pay the costs associated with the repeated delivery of the Goods or the costs associated with other means of delivery.
The Seller is entitled to demand payment of the full purchase price before the goods are shipped to the Customer. The provisions of Section 2119 (1) of the Civil Code shall not apply.

VIII. Persons authorised to take over the subject of the contract

Specific persons in the case of the provision of services are always specified in the relevant contract concluded between the Seller and the Customer.
The authorized person to receive the shipment of goods are:
1. The customer as specified in the order of goods
2. the persons who are specified as authorised to take delivery of the consignment in the conditions of carriage according to the type of carriage service chosen

IX. Contact Centre

AMILO s.r.o., ID No.: 48529214, VAT No.: CZ48529214, business premises Vídeňská 84, 252 50 Vestec u Prahy (on working days from 9:00 to 11:00 and from 12:00 to 17:00) email: czech@topdriveclub.com (the deadline for processing is 3 working days from the moment of delivery) website: www.topdriveclub.com.

X. Protection of information, sending commercial communications

The rights and obligations related to the protection and processing of personal data are regulated on the Seller's website in the Personal Data Protection section, available online at https://www.topdriveclub.com/gdpr.
The Customer agrees in accordance with the provisions of § 7 paragraph 2 of Act No. 480/2004 Coll., on certain information society services and on amendments to certain acts (Act on certain information society services), as amended, to the sending of commercial communications by the Seller to the electronic address or telephone number of the Customer. The Seller fulfils its information obligation towards the Customer within the meaning of Article 13 of the GDPR related to the processing of the Customer's personal data for the purpose of sending commercial communications by means of a separate document.

XI. Liability for defects

The Seller shall be liable to the Customer that the item is free from defects upon receipt. In particular, the Seller shall be liable to the Customer that the item:
1. conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
2. it has the characteristics agreed between the parties and, in the absence of agreement, it has the characteristics described by the seller or manufacturer or expected by the Customer in view of the nature of the goods and on the basis of the advertising carried out by them,
3. is suitable for the purpose for which the seller states it is used or for which goods of that kind are usually used,
4. corresponds in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined by reference to the agreed sample or specimen
5. is supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
The Seller is liable for legal and other defects that the goods had at the time of the transfer of the risk of damage to the goods, except for defects that the Customer knew or should have known about at the time of the conclusion of the contract or except for defects apparent on sight.
The Seller shall not be liable for defects arising after the Customer has taken over the goods and for defects that have been expressly notified to the Customer.
If the TDC Goods constitute a movable item that is used, the Parties shall reduce the period of defect for one year in accordance with Section 2168 of the Civil Code.
In the event of defects in the service provided, liability is governed by the relevant sections of the Civil Code as amended. The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
The customer can only complain about a discrepancy between the service provided and the contract, not about the result of the service. However, this does not apply in cases where the result was contractually guaranteed.
The Customer is obliged to exercise the Operator's liability rights for defects in the goods and to notify the Operator of the defects in the goods without undue delay after the defect has been discovered or could have been discovered by exercising professional care, but no later than in all cases except for legal defects within one year from the date of the transfer of the risk of damage to the goods; otherwise, his claims for liability for defects shall be extinguished and cannot be asserted.
The provisions of Sections 2172 and 2173 of the Civil Code shall apply mutatis mutandis to the notification of a defect in accordance with Section 2112 of the Civil Code to which the guarantee applies and to the exercise of the right of defective performance.
The rights arising from the liability for defects are not transferable to a third party and the Customer is entitled to exercise them against the Seller only and exclusively.
If the item has a defect, the Customer may demand its removal. He may, at his option, demand the delivery of a new item without defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value the item would have without the defect and whether the defect can be removed by the other method without significant difficulty for the Customer. The Seller may refuse to remedy the defect if it is impossible or disproportionately costly to do so, having regard in particular to the significance of the defect and the value the item would have had without the defect.
The Seller shall remedy the defect within a reasonable time after the defect has been identified so as not to cause the Customer significant inconvenience, taking into account the nature of the item and the purpose for which the Customer purchased the item. The Seller shall take possession of the defect at his own expense. If the dismantling of an item whose assembly was carried out in accordance with the nature and purpose of the item before the defect became apparent so requires, the Seller shall dismantle the defective item and assemble a repaired or new item or pay the costs thereof.
The customer may demand a reasonable discount or withdraw from the purchase contract if:
1. The seller refused or failed to remove the defect,
2. the defect manifests itself repeatedly,
3. the defect is a material breach of the purchase contract, or
4. it is evident from the Seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Customer.
If the defect is insignificant, the Customer cannot withdraw from the purchase contract. If the Customer withdraws from the purchase contract, the Seller shall refund the purchase price to the Customer without undue delay after he has received the item or after the Customer has proved that he has sent the item.
The Seller is obliged to issue a written confirmation to the Customer when making a claim, in which it shall indicate the date on which the Customer made the claim, what is its content, what method of claim settlement the Customer requires and the Customer's contact details for the purpose of providing information on claim settlement.
Complaints, including the removal of defects, must be settled and the Customer must be informed of this within thirty (30) days of the date of the complaint, unless the Seller and the Customer agree on a longer period.
After the expiry of the time limit according to Article XI, paragraph 15 of the GTC, the Customer may withdraw from the purchase contract or demand a reasonable discount.
The Seller is obliged to issue the Customer with a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.
Whoever has a right from defective performance is also entitled to reimbursement of costs reasonably incurred in exercising this right. However, if the Customer does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the Seller argues that the right to compensation was not exercised in time.

XII. Withdrawal from the contract

The customer acknowledges that according to the provisions of § 1837 of the Civil Code, the purchase contract cannot be withdrawn from, among other things:
1. for the provision of services, if they have been fulfilled with the Customer's prior express consent before the expiry of the withdrawal period and the Seller has informed the Customer before the conclusion of the contract that in such case he has no right to withdraw from the contract,
2. on the delivery of goods or services, the price of which depends on financial market fluctuations independent of the Seller's will and which may occur during the withdrawal period,
3. goods manufactured according to the Customer's requirements or adapted to the Customer's personal needs,
4. perishable goods or goods with a short shelf life, as well as goods which, by their nature, have been irretrievably mixed with other goods after delivery,
5. Goods in sealed packaging which, for health or hygiene reasons, should not be returned after the Customer has broken it,
6. an audio or video recording or computer program in sealed packaging if the Customer has breached it,
7. for the supply of digital content not delivered on a tangible medium, after the performance has begun; in the case of performance for consideration, if it has begun with the consumer's prior express consent before the expiry of the withdrawal period, the consumer has been advised that the right to withdraw from the contract is thereby extinguished,
8. in other cases specified in § 1837 of the Civil Code.
If the contract has been concluded by means of distance communication and if it is not a case referred to in Article XII, paragraph 1 of the GTC or another case where the purchase contract cannot be withdrawn from, the Customer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829, paragraph 1 and paragraph 2 of the Civil Code within fourteen (14) days from the date on which the Customer or a third party other than the carrier designated by the Customer takes delivery of the goods, or:
1. the last piece of goods, if the Customer orders several pieces of goods within one order, which are delivered separately,
2. the last item or part of a delivery of goods consisting of several items or parts, or
3. the first delivery of the goods, if the contract provides for regular delivery of the goods for an agreed period of time.
The Seller is entitled to withdraw from the contract if the Customer fails to pay the price for services or goods properly and on time. Furthermore, the Seller is entitled to withdraw from the contract if the Customer fails to comply with the terms of the contract concluded between the Customer and the Seller.
The customer is entitled to withdraw from the contract if the legal grounds are met.
The withdrawal from the purchase contract must be sent to the Seller without undue delay. The Customer may send the withdrawal from the Purchase Contract to, among others, the Seller's business address.
In the event of withdrawal from the contract for any reason specified in the law, the contract or these GTC, the Seller and the Customer are obliged to return the benefits provided to each other. This provision does not apply to contractually agreed non-refundable deposits and any contractual penalties.
In the event that the withdrawal from the contract occurs after the receipt of the goods or services, the Seller shall return the purchase price paid for the goods or services to the Customer within thirty (30) days of the effective date of withdrawal, against the return of the goods or subject of performance by the Customer to the Seller in its premises in the condition in which it was received from the Seller, taking into account normal wear and tear. The Seller has the right to reduce the amount returned to the Customer by contractually agreed non-refundable deposits and penalties.
The Customer is obliged to send the goods or part of the accessories, which can be sent by standard postal services, only as a registered letter or a parcel with a specified price to AMILO s.r.o., Vídeňská 84, 252 50 Vestec u Prahy.
In the event that the Customer fails to comply with his obligation to return the goods to the Seller in the condition in which he received them from the Seller, taking into account normal wear and tear, he undertakes to pay the Seller all the costs of restoring the goods to the condition in which he received them and any damage incurred by the Seller; the Seller will be able to set off his claim for payment of these amounts against the claim for reimbursement of the purchase price.
In case of withdrawal from the purchase contract, the Customer is not entitled to claim liability for defects against the Seller. The Customer is not entitled to interest on the amount of money returned to him by the Seller.
If the Customer is an entrepreneur and a contract has been concluded with him, Article XII, paragraphs 1. and 2. of the GTC shall not apply. The provisions contained in the contract concluded with the entrepreneur shall prevail over other provisions contained in these GTC.
If the Customer is an entrepreneur and no contract has been concluded with him, the provisions of § 2165 et seq. of the Civil Code shall apply.
The Seller normally refunds the money to a bank account, so he invites the Customer to attach his bank account number to the withdrawal request, to which the money will be sent within 30 days if the above claim is justified. In case the Buyer requires the money to be returned in another form, he/she shall request the Seller in writing.
In cases where the Customer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the purchase contract at any time until the Customer takes over the goods.
If a gift is provided to the Customer together with the goods, the gift contract between the Seller and the Customer is concluded with the condition that if the Customer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the Customer shall be obliged to return the gift together with the goods to the Seller. In the event of withdrawal from the gift contract, the purchase contract shall not be terminated and the contracts shall be treated separately in this respect.
The Seller is entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Customer and return all monies received from the Customer under the Contract within 14 days of the notice of withdrawal from the Purchase Contract in the same manner or in the manner specified by the Customer.
The Seller is also entitled to withdraw from the contract in the event of an obvious error in the price of the goods within 14 days from the day following the date of withdrawal from the contract by the Seller. If the Customer has already paid part of the purchase price, this amount will be transferred back to his bank account within 14 days from the day following the date of withdrawal from the contract by the Seller.
The Seller is also entitled to withdraw from the contract if the Customer has not accepted the Goods TDC. In such case, the Customer shall further be obliged to pay all costs incurred by the Seller.

XIV. Out-of-Court Dispute Resolution

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from purchase contracts. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Customer under the Purchase Contract.
The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under 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 online dispute resolution for consumer disputes).
The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.

XV. Final Provisions

All agreements between the Seller and the Customer are governed by the law of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, then the parties agree that the relationship shall be governed by the law of the Czech Republic.
Relations and any disputes arising under the contract shall be governed exclusively by the law of the Czech Republic and shall be resolved by the competent courts of the Czech Republic. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 of this Convention.
The above is without prejudice to the consumer's rights under generally binding legislation. The Seller is not bound by any codes of conduct in relation to the Customer within the meaning of Section 1826(1)(e) of the Civil Code.
All rights to the TDC Web Portal, in particular the copyrights to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the Website or any part thereof without the Seller's consent.
The Seller shall not be liable for errors resulting from third party interference with the TDC Portal or its use contrary to its intended use. When using the TDC Portal, the Customer shall not use any procedures that could have a negative impact on its operation and shall not perform any activity that could allow him or third parties to interfere with or make unauthorized use of the software or other components that make up the online store and use the online store or its parts or software in a manner that would be contrary to its purpose or intent.
The Customer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
If any provision of the GTC is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
The purchase contract is concluded in Czech. If a translation of the text of the contract is created for the Customer, the interpretation of the contract in the Czech language shall apply in the event of a dispute over the interpretation of terms.
The Purchase Contract including the GTC is archived by the Seller in electronic form and is not accessible.
The wording of the GTC may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the GTC.
Any agreement to amend the contract shall be in writing and must be agreed to by both parties.
Relationships and any disputes arising under the contract shall be governed exclusively by the applicable law of the Czech Republic and shall be resolved by the courts of the Czech Republic. This is without prejudice to cases where the Customer is a consumer and has a habitual residence in a state other than the Czech Republic and choice of law or prorogation of court will not be permitted.
All contracts shall come into force and effect on the date of signing by both parties. This date shall also be the date of the taxable supply.
The customer is bound by the GTC valid at the time of conclusion of the contract.
The Customer is aware that by using the services or purchasing the products that are in the Seller's commercial offer, no rights to the use of registered trademarks, trade names, company logos or patents of the Seller or other companies arise, unless otherwise agreed in a specific case by a special contract.
These GTC shall come into force and effect on 1 November 2023. The Seller reserves the right to change the GTC without prior notice.