General Terms and Conditions

  1. General provisions
    1. These General Terms and Conditions (hereafter referred to as "GTC") provide for the rights and obligations of the buyer and the seller which is the trading company SKARAB, s.r.o., based at 9. května 1162, 74258 Příbor, Company ID No.: 25857631, registered at the Regional Court in Ostrava, under section C, number 22394.
    2. All contractual relations are concluded in compliance with the legislation of the Czech Republic.
    3. These GTC are an integral part of every purchase contract concluded between the seller and the buyer.
    4. The purchase contract and terms and conditions are written in Czech. The purchase contract can be concluded in Czech.
    5. For the purposes of the purchase contract and these GTC, the consumer is considered to be every person who concludes a contract with the seller or otherwise deals with the seller outside their business activity or self-employed activity.
    6. The seller may modify or supplement the text of terms and conditions.
    7. The establishments of the seller also offer free of charge the take-back of used tires.​
  2. Conclusion of Purchase Contract
    1. The buyer's order is a draft purchase contract and the purchase contract itself is concluded when the buyer’s and seller’s binding consent to the draft purchase contract is delivered (a binding confirmation of the order by the seller or the counter offer by the buyer). From this moment, mutual rights and obligations are formed between the buyer and the seller.
    2. The seller reserves the right to cancel the order or its part before the conclusion of the purchase contract in the following cases: the goods are no longer produced or supplied or the supplier’s price has changed significantly. In such a situation, the seller shall contact the buyer immediately in order to agree on the next steps. If the buyer has already paid a part or the whole amount of the purchase price, this amount shall be transferred back to the buyer’s account or address and the purchase contract shall not be concluded.
    3. The seller shall deliver to the buyer the goods which the buyer has ordered under the terms and conditions stated in the purchase contract and these GTC. The buyer agrees to take over the ordered goods and to pay the entire purchase price properly and in due time.​
  3. Purchase Price and Payment Conditions
    1. The purchase prices are stated in CZK, excluding VAT, next to each product, or, alternatively, the seller shall inform the buyer about the prices upon the buyer’s request. Upon request, the seller shall also inform the buyer about the method to calculate the prices including VAT.
    2. As a general rule, the buyer is obliged to pay the purchase price in cash at the time of the fulfilment of the delivery.
    3. Should the seller accede to cashless payments after the fulfilment, the buyer shall pay the purchase price on the basis of the seller's invoice, no later than on the due date of the invoice.
    4. The due date is set at 14 days after the issue of the invoice, unless otherwise specified.
    5. As a general rule, the invoice shall be issued upon the handover of the goods (if the invoice is not issued, a delivery note shall be issued upon the handover of the goods and the invoice shall be sent to the buyer additionally). The buyer (or an entitled person) shall take over a copy of the invoice (or the delivery note) upon the takeover of the goods. The seller shall also receive a copy of the invoice (or the delivery note), and the buyer (or an entitled person) shall confirm in this copy the takeover of the purchased goods. If the purchase contract is concluded orally, the invoice (or the delivery note) also serves as confirmation of existence of such a contract.
    6. At the moment of conclusion of the purchase contract, the buyer takes on the risk of change in circumstances in the sense of section 1765, clause 2, Act No. 89/2012 Coll. of the Civil Code.
    7. The buyer shall pay a default interest of 0.05% of the due amount for each day of delay in fulfilment of the pecuniary obligations.​
  4. Delivery of goods
    1. The seller shall perform his obligation to deliver the goods according to the contract by handing over the goods to the buyer. Handover of the goods to the buyer means that the goods are submitted to the buyer at the place of the fulfilment which is the seller's shop.
    2. If the contract states other place of fulfilment, the seller shall provide the transport of goods in the Czech Republic for the contractual partners (i.e. the buyers which have submitted a year-long order) free of charge. The transport shall be free of charge for other customers if the price exceeds CZK 10,000. If the price does not exceed CZK 10,000, a fee of CZK 150 shall be charged for the area of Moravia and CZK 250 for the area of Bohemia, Slovakia and Hungary.
    3. If the buyer does not intend to use the above mentioned mode of transport of goods, the buyer must state so in the order.
    4. The seller shall pay a contractual penalty of 0.05% of the price of the goods not delivered for each day of delay in complying with the obligation to deliver the goods.
    5. The buyer is obliged to check the goods delivered by the seller as soon as possible after the delivery and make sure of its quality and quantity.
    6. Compliance with the time of performance depends on the proper and timely cooperation of the buyer. During this time, the buyer is obliged to properly take over the delivery of the goods. If the buyer does not come to take over the goods on the specified date (or does not take over the goods at other place than the seller's shop) for reasons not caused by the seller, the performance is fulfilled on this date, the risk of damage to the goods passes to the buyer.
    7. If the buyer defaults on taking over the goods from the seller more than 15 days, the buyer is obliged to pay a contractual penalty of 0.5% of the price of the goods not taken over for each day of delay.
    8. The proprietary right to the goods is transferred to the buyer at the moment of full payment of the purchase price (retention of title).
    9. In cases of force majeure (such as fire, explosion, flooding, strikes at the establishments of the seller or suppliers of materials), the seller is entitled to extend reasonably the delivery period or to withdraw from the purchase contract for the impossibility of performance without the buyer's right to damages.
    10. Minor, irrelevant defects do not result in the postponement of the obligation to pay the purchase price.
  5. Rights Arising from Defective Performance
    1. If there is a defect in the purchased goods which the buyer did not cause, the buyer may exercise the right from liability for defects in the goods according to the terms set out below.
    2. Unless otherwise specified, the rights and obligations of the parties regarding the rights arising from defective performance shall be governed by generally binding regulations (in particular, the provisions of sections 1914 to 1925 and 2099 to 2117, Act No. 89/2012 Coll. of the Civil Code).
    3. The seller is not responsible for defects in the case when the defective nature of the goods was caused by force majeure, improper storage or other treatment by the buyer, improper installation, wear and tear, intervention of a third party, other external influences, improper use contrary to their technical designation or in other way than usual. The seller expressly points out to the buyer's obligation to observe all manuals, instructions and regulations of the manufacturers and retailers of vehicles, and instructions received during the installation of spare parts purchased for these vehicles.​
  6. Warranty rights
    1. The seller provides the buyer with a 6-month warranty of the quality of the goods (the seller provides a longer warranty period for certain types of goods, depending on the length of the warranty period provided by the supplier - this shall be confirmed individually). The warranty applies only to material defects and defects caused by the manufacturer.
    2. In particular, the warranty does not apply to defects resulting from:
      1. improper use or storage of the goods,
      2. mechanical damage or wear and tear caused by normal use,
      3. natural disasters (water, fire, lightning) or
      4. other external influences (the action of the sun, heat, cold, moisture, etc.).
      5. All defects covered by the warranty are removed free of charge during the warranty period.​
  7. How to Claim Defects
    1. The buyer applies the rights arising from defective performance at the seller’s main office. The moment of the warranty claim is considered to be the moment when the seller receives from the buyer the goods under complaint. The buyer must prove the purchase with an invoice or receipt.
    2. The buyer is obliged to claim apparent defects without delay after their discovery, but at the latest within 7 days of the takeover of the goods or the occurrence of defects. The buyer is obliged to claim other defects no later than within six months of the takeover of the goods.
    3. All complaints shall be handed over in written form, solely in the completed seller’s form, which is available from the seller’s driver delivering the goods, at the seller’s main office and at www.skarab.cz.
    4. The buyer shall not handle the defective goods in any way (in particular, the buyer shall not repair the goods himself; the buyer may do so with the previous consent of the seller; otherwise, the seller is entitled to reject the complaint). The buyer shall deliver the goods under complaint at his own expense to the seller’s main office.

      The complaint form can be downloaded here
  8. Removal of Defects
    1. If the buyer claims defective goods, the seller shall repair the goods and remove the defect, or replace the defective part or device with another in flawless condition.
    2. With the consent of the buyer, the seller is entitled to deliver in exchange for the defective goods other goods fully functionally compatible and with the same or better technical parameters.
    3. The choice regarding the method of handling the complaint belongs to the seller.
    4. If the seller finds out that the product under complaint is not defective, the claim shall be considered as unwarranted. The seller reserves the right to demand reimbursement of the costs demonstrably incurred in handling such a claim (including transport costs).
    5. The seller shall handle the claim without undue delay, no later than 60 days from the delivery of the defective goods, unless a longer period has been agreed. The day of the execution is considered to be the day when the buyer was notified of the execution of the complaint.
    6. If the seller is not able to handle the claim with regard to the nature of the defect within the above mentioned time period, the seller shall agree with the buyer on an alternative solution. If such an agreement is not reached, the seller must provide the buyer with a refund in the form of a credit note. The buyer is not entitled to demand reimbursement of the costs incurred by him in connection with the complaint.
    7. It is possible to return spare parts without providing reasons within 14 days upon payment of a cancellation fee of 30% of the price of the returned goods, or upon a one-time purchase of goods worth five times the returned spare parts - in such a case, there is no cancellation fee. This does not apply to items which were ordered directly for a specific customer; it is not possible to return these items. This provision shall not apply to exercising the rights arising from defective performance by the consumer.

      The goods return form can be downloaded here​
  9. Withdrawal from the Contract
    1. In the event of withdrawal from the contract, the buyer shall bear the costs of returning the goods.
    2. For the purposes of exercising the right of withdrawal from the contract, the buyer shall immediately inform the seller about the withdrawal.
    3. In the event of withdrawal from the contract, the seller shall return the purchase price to the buyer within 30 days. The payment shall be returned by using the same payment instrument which was used for the initial transaction, if the seller did not consent to other payment instrument. The payment shall be returned only after receiving the returned goods, or after proving that the goods have been sent back.
    4. The seller is entitled to count the right to damages to the goods unilaterally against the buyer's right to a refund of the purchase price.​
  10. Special Provisions Regarding Consumer (natural person – not legal identity)
    1. The provisions of this section shall apply to contracts which the seller concludes with the consumer.
    2. The rights and obligations of the seller and the consumer regarding the rights arising from defective performance shall be governed by generally binding regulations, in particular, the provisions of sections 2161 to 2174 and 1810 to 1840, Act No. 89/2012 Coll. of the Civil Code.

      Rights Arising from Defective Performance

    3. The consumer is entitled to exercise the right of a defect which occurs in consumer goods in the period of twenty-four months from the takeover. This time period shall be reduced to twelve months when purchasing used consumer goods.
    4. The seller is responsible for defects in the goods at the time of the takeover. This regards, in particular, the following defects:
      1. the goods do not have properties which the parties have agreed on, or if there is no such an agreement, the goods do not have properties which the seller or manufacturer described or which the buyer expected with regard to the nature of the goods and on the basis of their advertising,
      2. the goods are not suitable to be used for the purpose which the seller states, or to which goods of the same type are normally used,
      3. the quality or execution of the goods do not correspond with the agreed sample or model if the quality or execution were specified according to an agreed sample or model,
      4. the amount, size, or weight of the goods are not corresponding, or
      5. the goods do not meet the requirements of the legal regulations.
    5. The provisions stated in Article 10.4. of the GTC shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, wear and tear of the goods caused by its normal use, a defect in used goods corresponding to the level of wear and tear of the goods before the takeover by the buyer, or if it arrises from the nature of the goods.
    6. If the goods do not have the properties stated in Article 10.4., the consumer may also require the delivery of new goods without defects if it is not inappropriate given the nature of the defect, but if the defect affects only a component of the goods, the consumer may demand only the exchange of the component; if this is not possible, the consumer may withdraw from the contract. However, if the defect can be removed without undue delay, the buyer has the right to removal of the defect free of charge.
    7. The buyer has the right to the delivery of new goods, or replacement of components, even if the defect can be removed, if the buyer cannot use the goods properly because the defects appear repeatedly after the repair or there are a lot of defects. In such a case, the buyer has the right to withdraw from the contract.
    8. If the consumer does not apply the options mentioned above, the consumer has the right to a reasonable discount from the price of the goods. The consumer also has the right to a reasonable discount if the seller is unable to deliver new goods without defects, replace their components or repair the goods, as well as if the seller fails to remedy the situation in due time, or if the remedy causes considerable difficulties to the consumer.
    9. The consumer has no rights arising from defective performance, if the consumer knew about the defect before the takeover of the goods or caused the defect himself.
    10. The seller or an authorized employee of the seller shall decide on complaints immediately, in complex cases, within three working days. This time period does not include a reasonable period according to the type of product or service necessary for the expert assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of the complaint, if the seller does not agree with the consumer on a longer period. The expiration of this period shall be considered as a substantial breach of the contract.
    11. The seller confirms to the consumer in writing when the right was applied, as well as the execution of the repair and its duration.

      Withdrawal from the Contract

    12. When concluding a distance contract, the consumer has the right to withdraw from the contract within 14 days of receiving the goods without providing reasons.
    13. For the purposes of exercising the right of withdrawal, the consumer is obliged to inform the seller about the withdrawal by a unilateral legal act (for example by letter or the enclosed model form).
    14. In order to comply with the deadline for withdrawal from the contract, it is sufficient to send the withdrawal before the expiration of the stated time period.
    15. If the consumer withdraws from the contract, the seller shall return all payments received from the consumer including the costs of the delivery (except for additional costs incurred because the consumer chose other means of delivery than the cheapest standard means of delivery offered by the seller) without undue delay, at the latest within 14 days from the day when he received the notice of withdrawal from the contract. The seller shall return the payments by using the same payment instrument which the consumer used for the initial transaction, if the consumer did not explicitly specify otherwise. The seller shall return the payment only after receiving the returned goods, or after the consumer proves that the goods have been sent back.
    16. The consumer is obliged to send the goods back or hand the goods over in the establishment of the seller without undue delay, no later than within 14 days of the withdrawal from the contract. The time period shall be considered as respected if the consumer sends the goods before 14 days have elapsed.
    17. The consumer shall bear the direct costs of returning the goods.
    18. The consumer shall only be responsible for the diminished value of the goods if the consumer handles these goods in other way than that which is necessary to check the nature and properties of the goods, including their functionality.

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