Terms and Conditions

Terms and Conditions of the Moto.gs Online Store

(Purchase Rules)

The customer is obliged to familiarize himself with these terms and conditions before purchasing.

Terms and Conditions of the Online Store

(Purchase Rules)

The customer is obliged to familiarize himself with these terms and conditions before purchasing.

All accepted orders are considered binding.

The seller reserves the right to change prices. The customer pays the price of the confirmed order.

The usual availability of goods is always indicated for individual goods. We reserve the right to extend the delivery period (Article III. Paragraph 3) in the event of unforeseen events.

The customer is immediately informed of a longer delivery period.

The customer is informed of a successfully sent order by automatic e-mail.

Individual descriptions of goods are for information only, they may be subject to content changes.

We are VAT payers – all prices of goods listed in the e-shop are final with VAT and incl. statutory fees. The price of the goods is added to the price of the goods, which the customer chooses and whose prices are listed in these terms and conditions in part VI. Payment terms, discounts, delivery methods.

I. Introductory provisions

These terms and conditions apply to ordering goods from the assortment listed on the seller's website www.moto.gs via the online store. The terms and conditions further define and specify the rights and obligations of the entrepreneur, (hereinafter the seller) W-Media s.r.o., Škrovád 199, 538 21 Slatiňany, IČ: 288 51 323, DIČ: CZ28851323, and its customers (buyers) and in their current version form the content of the purchase contract (for the delivery of goods).

The buyer, who is also a consumer, is a natural person who is not acting within the scope of his business or profession. (hereinafter referred to as the buyer-consumer)

A buyer who is not a consumer and who states his/her ID number or the ID number of the company on whose behalf he/she is acting in the order is a buyer-entrepreneur. (hereinafter referred to as the buyer-entrepreneur)

Notification before concluding the purchase contract

If the parties' negotiations aim to conclude a contract and if the entrepreneur uses exclusively at least one means of communication that allows the conclusion of a contract without the simultaneous physical presence of the parties (hereinafter referred to as the "means of distance communication") or if such negotiations aim to conclude a contract outside the usual premises for the entrepreneur's business, the entrepreneur shall also inform the consumer in good time before concluding the contract or before the consumer makes a binding offer,

- that the costs of means of distance communication do not differ from the basic rate, the fees for internet and telephone connections are according to the terms and conditions of the buyer's operator and the seller does not charge any additional fees for this connection. This does not apply to the fees for delivering goods (postage) to the buyer, which are described in more detail in these terms and conditions.

- that the seller requires payment of the full purchase price before the buyer takes over the goods and in some cases a deposit may be required for the delivery of the goods if the goods are delivered to an order adjusted according to the customer's requirements.

- that the right to withdraw from the contract can be used, the conditions, period and procedures for exercising this right, as well as the form for withdrawal from the contract, the requirements of which are set out in the implementing legal regulation. Details of withdrawal from the contract are described in these terms and conditions in Part IV. Return of goods

- that in the event of withdrawal from the contract, the customer-consumer will bear the costs associated with returning the goods, and in the case of a contract concluded via a means of distance communication, the costs of returning the goods if these goods cannot be returned by regular mail due to their nature,

- that in some cases the customer-consumer cannot withdraw from the contract. These conditions are described in more detail in these terms and conditions in Part IV. Return of goods

- that in the event of consumer complaints, this can be addressed to the seller or to the supervisory or state supervision authority.

II. Order, conclusion of a purchase contract

The condition for the validity of an electronic order is the completion of all data and requirements prescribed in the form. The order is a draft purchase contract.

The purchase contract is concluded by the buyer-consumer when the order is processed by the entrepreneur and a report on the dispatch of the goods. The seller confirms each order.

An automatic response from the e-shop is not considered confirmation of the order.

III. Order Cancellation

Order Cancellation by the Buyer

The order is considered binding 1 hour after it is sent. During this hour, you have the option to cancel the order at any time by phone or e-mail without giving a reason.

Order Cancellation by the Seller at www.moto.gs

We reserve the right to cancel the order or part of it in the following cases:

- the goods are sold out and are no longer produced or delivered

- the price has changed significantly and the buyer does not accept the new price

In the event that this situation occurs, the buyer is immediately contacted by email or phone and we will agree with him on the next step (replacement of the ordered goods with others, cancellation of the order, ...).

IV. Return of goods

To make shopping truly risk-free for you, we adhere to the principle of "Money Back Guarantee", which should increase your confidence in shopping online.

If you find out immediately after receiving the goods that they do not suit you for any reason, you have the option to return them and your money will be refunded.

The buyer-consumer has the right to withdraw from the contract within fourteen days. The period according to the previous sentence runs from the date of conclusion of the contract and in the case of

a) a purchase contract, from the date of receipt of the goods,

b) a contract whose subject is several types of goods or the delivery of several parts, from the date of receipt of the last delivery of goods, or

c) a contract whose subject is a regular repeated delivery of goods, from the date of receipt of the first delivery of goods.

In the event of withdrawal from the contract within 14 days, the buyer-consumer should contact the seller preferably in writing (by e-mail) or via the form that can be found in the appendix to the terms and conditions on the website www.moto.gs, where he/she should state that he/she is withdrawing from the purchase contract, state the order number or otherwise identify the contract from which he/she is withdrawing. The withdrawal from the contract must also include the bank account number to which the money will be refunded.

Withdrawal from the purchase contract can also be sent to the seller's address: W-Media s.r.o., Škrovád 199, 53821 Slatiňany, or to the e-mail info@moto.gs

The seller will confirm receipt of the withdrawal from the purchase contract to the consumer without undue delay in text form.

If the buyer-consumer withdraws from the contract, he will send or hand over to the seller without undue delay, no later than fourteen days from the withdrawal from the contract, the goods he received from him.

The seller may only demand reimbursement of the costs stipulated in the Civil Code from the buyer-consumer.

If the buyer-consumer withdraws from the contract, the seller shall return to him without undue delay, no later than 14 days from the withdrawal from the contract, all funds, including delivery costs, received from him under the contract, in the same way. The seller shall return to the consumer the funds received in another way only if the consumer has agreed to this and if this does not incur additional costs.

If the consumer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall return to the consumer the costs of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

In the event of withdrawal from the purchase contract, the buyer-consumer shall bear the costs associated with returning the goods.

If the buyer-consumer withdraws from the purchase contract, the seller is not obliged to return the funds received to the consumer before the consumer hands over the goods to him or proves that he has sent the goods to the seller.

The goods do not have to be returned in the original packaging, but the seller has the right to pay the costs associated with repackaging the goods.

It is also possible to return used goods, but the seller has the right to pay the costs associated with restoring the goods to their original condition. These costs can theoretically reach the full price of the goods.

Before sending the returned goods, please contact us by e-mail or telephone, we will tell you the address where you will send the goods back.

Do not send the goods back to the billing address!

Send the goods only by regular parcel post, cash on delivery will not be accepted!

If you are a buyer-entrepreneur, i.e. you purchase the goods as part of your business or entrepreneurial activity (which is determined by the identification number in the order), you do not have the right to withdraw, because the law does not provide for this option.

The consumer may not withdraw from the contract

a) for the provision of services if they were performed with his prior express consent before the expiration of the withdrawal period and the entrepreneur informed the consumer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract,

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

c) for the supply of alcoholic beverages which can only be supplied after the expiration of thirty days and whose price depends on fluctuations in the financial market independent of the entrepreneur's will,

d) for the supply of goods which have been adapted to the consumer's wishes or for his person,

e) for the supply of goods which are subject to rapid deterioration, as well as goods which have been irretrievably mixed with other goods after delivery,

f) for repairs or maintenance carried out at a location designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the delivery of spare parts other than those requested,

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

h) the delivery of an audio or video recording or a computer program if the original packaging has been broken,

i) the delivery of newspapers, periodicals or magazines,

j) accommodation, transport, catering or leisure time, if the entrepreneur provides these services within a specified period,

k) concluded on the basis of a public auction pursuant to the law governing public auctions, or

l) the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the consumer's prior express consent before the expiry of the withdrawal period and the entrepreneur informed the consumer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract.

V. Delivery terms, deadline

The place of performance is the registered office/residence/or place of business of the buyer indicated in the order form, unless the buyer specifies another place in the order.

The delivery of the goods is considered to be their personal receipt at the seller's premises or receipt from the carrier. The ownership of the goods passes to the buyer on the day of payment of the purchase price.

The seller will deliver the goods in the shortest possible time (goods in stock are usually sent within the second working day, otherwise usually within five working days) after the delivery of a valid order to his electronic mailbox, or after its authorization or in the case of using electronic payment or bank transfer order (see below) after the total amount has been credited to the seller's account.

We reserve the right to extend the delivery period in the event of unforeseen events. The customer will be informed immediately of a longer delivery period. If the seller does not deliver the goods within a demonstrably additional reasonable period, the buyer is entitled to withdraw from the contract without further notice.

The goods will be delivered in ordinary paper or other usual packaging, unless special requirements arise from their nature or from the agreements of the participants.

VI. Payment terms, discounts, delivery methods

The purchase price of the goods is payable upon receipt. In the case of shipments, the buyer will pay these costs in the same way as the price of the goods, in an amount precisely determined depending on the selected method of transport. If several smaller orders are combined within one shipment (e.g. additional orders), their prices can be added together, or the shipping costs will be charged for only one of the orders.

Discounts may be granted to regular customers or for larger volumes of trade. Discounts may also be provided during individual sales or marketing events. These discounts will be visibly published on the seller's website.

Currently, it is possible to pay for goods in the following ways:

- you can pay in cash at the W-Media s.r.o. collection point, Škrovád 199, 53821 Slatiňany (after telephone agreement 604 111 341)

- in cash to the GLS, PPL courier

- by payment card to the GLS and PPL courier

- by transfer to the FIO bank account in CZK:

2200282910 / 2010

The variable symbol is the order number.

- by transfer to the bank account in EUR:

IBAN: CZ2420100000002900953922

SWIFT: FIOBCZPPXXX

Account holder:

W-Media s.r.o.

Škrovád 199

538 21 Slatiňany

Czech Republic

- online payment by credit card (ComGate payment gateway)

Online payments are provided by the ComGate payment gateway. The service provider, ComGate Payments, a.s., is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted.

Card payment

The fastest way to pay online. In the ComGate payment gateway interface, you enter the card number, expiration date and CVC code – three numbers that you can find in the signature strip on the back of the card. Everything is secured by the 3D Secure standard, so you will probably be asked to enter a numeric code that you will receive by SMS from your bank.

Shipping:

Czech Republic:

- Personal collection Slatiňany 0 CZK

- PPL to the address 99 CZK (for orders over 2999 CZK it is free)

- PPL to the delivery point and to the box 99 CZK (for orders over 2999 CZK it is free)

- GLS to the address 149 CZK

- GLS to the delivery point and to the box 149 CZK

Slovakia:

- PPL delivery to the address 6 EUR (149 CZK). For orders over 2999 CZK/120 EUR it is free)

- PPL to the delivery point and to the box 6 EUR (149 CZK). For orders over 2999 CZK/120 EUR it is free)

- GLS delivery to the address 12 EUR (299 CZK)

- GLS to the delivery point and to the box 12 EUR (299 CZK)

If you choose cash on delivery, payment is made to the courier upon delivery in EUR according to the CNB exchange rate on the day the invoice is issued.

Corporate customers from Slovakia: if you request an invoice without VAT, you must be a VAT payer in Slovakia and you must send a copy of your VAT payer card (to info@moto.gs). We do not issue an invoice without VAT automatically, write this in the order notes. VAT refund is not possible.

More information for Slovakia can be found here.

Other EU countries:

- (DHL and their partners in the country of delivery) 10.40 EUR (259 CZK)

- We deliver to: Germany, Poland, Austria, Italy, France, Spain, Portugal, Ireland, Slovenia, Croatia, Romania, Belgium, Netherlands, Denmark, Bulgaria, Hungary, Estonia, Sweden, Greece, Lithuania, Latvia, Luxembourg

Belgium, Bulgaria, Denmark, Estonia, Finland, France, Croatia, Ireland, Italy, Lithuania, Latvia, Luxembourg, Hungary, Germany, Netherlands, Poland, Portugal, Austria, Romania, Greece, Slovakia, Slovenia, Spain, Sweden

Outside the EU:

- (GLS and their partners in the country of delivery) 67 EUR (1700 CZK)

Liechtenstein, Norway, United Kingdom, Switzerland

Complaint of a delivered shipment with damage or loss of content.

If the addressee discovers after receiving the shipment that the contents are damaged or that there has been a loss of content, he may file a complaint with the carrier. The complaint procedure must be initiated immediately.

The shipment must be presented in the condition in which it was delivered, i.e. including the outer and inner packaging. The addressee also has the option of reliably documenting this condition in another way.

The customer is entitled to refuse to accept an obviously damaged shipment or a shipment with damaged packaging, and will draw up a report with the carrier about the damage or damage to the packaging.

The customer must immediately inform the seller about damage to the goods during transport.

VII. Rights from defective performance

The rights and obligations of the contracting parties regarding rights from defective performance are governed by generally binding legal regulations, in particular the provisions of Act No. 89/2012 Coll., the Civil Code.

(1) A thing is defective if it is not delivered in the agreed quantity, quality and design. If the quality and design are not agreed, the seller performs in a quality and design suitable for the purpose evident from the contract; otherwise, for the usual purpose. The performance of another thing is also considered a defect. Defects in documents necessary for the use of the thing are also considered a defect.

(2) If it follows from the seller's statement or from the handover document that the seller delivered a smaller quantity of things, the provisions on defects do not apply to the missing things.

(3) The buyer's right from defective performance is based on the defect that the thing has when the risk of damage passes to the buyer, even if it only becomes apparent later. The buyer's right shall also be established by a defect that arose later and that the seller caused by a breach of his obligation.

(4) The seller's obligations under the quality guarantee shall not be affected.

(5) In the event of premature performance, the seller may eliminate the defects by the time specified for handing over the item. The exercise of his right may not cause the buyer unreasonable difficulties or expenses. The buyer's right to compensation for damages shall not be affected.

(6) Paragraph 1 shall apply mutatis mutandis to defects in documents.

(7) The buyer's rights from defective performance shall not be affected if the defect was caused by the use of the item that the buyer handed over to the seller. This shall not apply if the seller proves that he notified the buyer of the unsuitability of the item handed over in good time and the buyer insisted on its use, or if he proves that he could not have discovered the unsuitability of the item handed over even with sufficient care.

(8) If the defect in the goods was caused by the seller's action in accordance with the designs, samples or documents provided by the buyer, paragraph 1 shall apply mutatis mutandis.

(9) The buyer shall not have rights arising from defective performance if the defect is one that he should have noticed with the usual care when concluding the contract. This shall not apply if the seller has expressly assured him that the goods are free from defects,

or if he has concealed the defect by deceit.

(10) The buyer shall inspect the goods as soon as possible after the risk of damage has passed to the goods and shall ascertain their properties and quantity.

(11) If the seller sends the goods, the buyer may postpone the inspection until the goods have been delivered to their destination.

(12) If the item is directed to another destination during transport or is forwarded by the buyer without the opportunity to inspect the item, and the seller knew or should have known about the possibility of such a change of destination or such further dispatch at the time of conclusion of the contract, the buyer may postpone the inspection until the item has been delivered to the new destination.

(13) If the defective performance constitutes a material breach of contract, the buyer has the right

a) to have the defect removed by delivering a new item without the defect or by delivering the missing item,

b) to have the defect removed by repairing the item,

c) to receive a reasonable discount on the purchase price, or

d) to withdraw from the contract.

(14) The buyer shall inform the seller of the right he has chosen when notifying the defect or without undue delay after notifying the defect. The buyer may not change the choice made without the seller's consent; this shall not apply if the buyer has requested the repair of a defect that proves to be irreparable. If the seller fails to remedy the defects within a reasonable period of time or notifies the buyer that the defects will not be remedied, the buyer may demand a reasonable discount on the purchase price instead of remedying the defect, or may withdraw from the contract.

(15) If the buyer fails to exercise his right in time, he has the rights under Section 2107.

(16) If the defective performance is an insignificant breach of contract, the buyer has the right to remedy the defect or to a reasonable discount on the purchase price.

(17) As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller may deliver what is missing or remove the legal defect. The seller may remove other defects at his option by repairing the item or delivering a new item; the option may not cause the buyer unreasonable costs.

(18) If the seller fails to remedy the defect in time or refuses to remedy the defect, the buyer may demand a discount on the purchase price or may withdraw from the contract. The buyer may not change the choice made without the seller's consent.

(19) Until the defect is rectified, the buyer may not pay a portion of the purchase price estimated to be reasonably equivalent to his right to a discount.

(20) When a new item is delivered, the buyer shall return the item originally delivered to the seller at the seller's expense.

(21) The buyer may not withdraw from the contract or demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply,

a) if the condition has changed as a result of an inspection to determine the defect of the item,

b) if the buyer used the item before the defect was discovered,

c) if the buyer did not make it impossible to return the item in its unaltered condition by action or omission, or

d) if the buyer sold the item before the defect was discovered, consumed it, or modified the item during normal use; if this happened only partially, the buyer shall return to the seller what he can still return and shall compensate the seller up to the amount in which he benefited from the use of the item.

(22) If the buyer has not notified the defect of the item in time, he shall lose the right to withdraw from the contract.

(23) If the buyer has not notified the defect without undue delay after he could have discovered it during a timely inspection and with sufficient care, the court shall not grant him the right to claim defective performance. If it is a hidden defect, the same applies if the defect has not been notified without undue delay after the buyer could have discovered it with sufficient care, but no later than two years after the handover of the item.

(24) For the effects under paragraph 1, the court shall only take into account the seller's objection that the defect was not notified in time. However, the seller shall not have the right to object if the defect is the result of a fact that the seller knew or should have known about at the time of handover of the item.

Quality guarantee

By a quality guarantee, the seller undertakes that the item will be suitable for use for its usual purpose for a certain period of time or that it will retain its usual properties. The indication of the warranty period or the shelf life of the item on the packaging or in advertising also has these effects. A guarantee may also be provided for an individual part of the item.

If the contract and the warranty statement specify different guarantee periods, the longest period shall apply. However, if the parties agree on a different guarantee period than that indicated on the packaging as the shelf life, the agreement of the parties shall prevail.

The guarantee period shall run from the handover of the item to the buyer; if the item was shipped according to the contract, it shall run from the arrival of the item at the destination. If the purchased item is to be put into operation by someone other than the seller, the guarantee period shall run from the date of putting the item into operation, provided that the buyer ordered the putting into operation no later than three weeks after taking over the item and duly and timely provided the necessary cooperation for the performance of the service.

The buyer shall not be entitled to the guarantee if the defect was caused by an external event after the risk of damage to the item passed to the buyer. This shall not apply if the defect was caused by the seller.

Procedure for complaints:

Follow the Complaints Procedure (Liability for defects) see below under the terms and conditions

VIII. Personal data protection

The e-shop www.moto.gs processes personal data in accordance with Act No. 101/2000 Coll. on the protection of personal data in the company's marketing database, while fully respecting the controller's obligations under the provisions of Section 5 of the Act. The processed data is fully protected by a functional internal data protection system (a set of internal organizational and technical measures).

We do not disclose the personal data of our customers to third parties. By concluding a purchase contract, the buyer consents to the processing of the provided personal data exclusively for the needs of the www.moto.gs store

If you do not wish your personal data to be used for marketing purposes within the www.moto.gs offer, please write to us. Your data will be deleted.

IV. Final provisions

These terms and conditions apply in the wording provided on the seller's website on the day the electronic order is sent, unless otherwise agreed in writing between the participants.

By sending an electronic order, the buyer accepts without reservation all provisions of the terms and conditions in the wording valid on the day the order is sent, as well as the price of the ordered goods (including shipping and transport costs, if applicable) valid on the day the order is sent, as stated in the price list on the website, unless demonstrably agreed otherwise in a specific case. The buyer is irrevocably bound by the sent order (draft purchase contract) for the period specified for the delivery of the goods.

The terms and conditions are valid from 1.9.2020. Changes to the terms and conditions are reserved.

Complaints procedure (Liability for defects)

1. GENERAL PROVISIONS

The Complaints Procedure of W-Media s.r.o., Škrovád 199, 538 21 Slatiňany, Company ID: 288 51 323, VAT No.: CZ28851323, (hereinafter referred to as the “Seller”) applies to goods for which the buyer’s rights from liability for defects are exercised during the warranty period (hereinafter referred to as the “Complaint”). The Complaints Procedure results from the legal regulation contained in Act No. 40/1964 Coll. as amended – the Civil Code and the legal regulation contained in Act No. 513/1991 Coll. as amended, the Commercial Code (hereinafter referred to as the “Act”) and also from the conditions agreed in the concluded purchase contract according to the Commercial Terms and Conditions between the Seller and the Buyer (hereinafter referred to as the “Purchase Contract”) and in the specific warranty conditions specified in the warranty certificate or operating and maintenance instructions, if issued for the goods.

2. COMPLAINTS BY THE BUYER-CONSUMER (hereinafter referred to as the Buyer)

2.1. BUYER’S RIGHTS

2.1.1. In the event that the goods show obvious defects upon delivery or if the goods are handed over in damaged transport packaging, the Buyer is entitled not to accept the goods from the carrier. In such a case, the Buyer shall initiate a complaint procedure with the carrier. The Buyer is obliged to inform the Seller of this fact immediately.

2.1.2. If, after the buyer has taken over the goods, defects in the goods occur within the legally stipulated (or mutually agreed upon with the seller) warranty period, the buyer may file a complaint.

2.1.3. The buyer is entitled to withdraw from the Purchase Agreement in all cases stipulated by law.

2.2. BUYER'S OBLIGATIONS

2.2.1. If the buyer has decided not to take over the goods in accordance with point 2.1.1. or if the goods have not been delivered to him, he is obliged to immediately notify the seller in writing (preferably by e-mail). E-mail: info@moto.gs

2.2.2. If the buyer makes a complaint, it is necessary to prove it:

a) by the defective goods (does not apply if the buyer only requests the delivery of the missing goods),

b) by the proof of purchase of the goods (invoice) and the warranty certificate (if the goods are provided with one),

c) by a written document with a detailed description of the defect or information about the missing goods.

2.2.3. Any withdrawal of the buyer from the purchase contract is effective at the moment of its delivery to the seller.

3. COMPLAINTS BY THE SELLER