These General Terms and Conditions (“GTC”) for the “Zetor e-shop” regulate the rights and obligations of parties when selling goods or products by the seller (the “Seller”) to customers (“Purchasers”) solely within EU member states. The Seller and the Purchaser have agreed that the provisions of the GTC have priority over the provisions of the Purchaser’s business terms.
These business terms and conditions (the “Business Terms and Conditions”) of ZETOR TRACTORS a. s., registered office at Trnkova 111, 628 00 Brno, Czech Republic, identification number: Id. No.: 26921782, Tax Id.: CZ26921782, registered in the Commercial Register kept by the Regional Court in Brno, Ref: B, 4126, Section B, File 4126 (as the “Seller”) regulate, under Section 1751(1) of Act No. 89/2012 Col., Civil Code (the “Civil Code”) the mutual rights and obligations of the parties in connection with or based on the purchase contract (the “Purchase Contract”) between the Seller and another natural person (the “Purchaser”) through the Seller’s e-shop. The Seller runs the e-shop on the website located at the Internet address www.eshop.zetor.cz or www.eshop.zetor.com (the “Website”) through the website interface (“E-shop Web Interface”).
The seller is:
ZETOR TRACTORS a.s.
628 00 Brno – Líšeň
Id. No.: 26921782
Tax Id.: CZ26921782
Registered in the Commercial Register kept by the Regional Court in Brno, Ref: B, 4126
The rights and obligations of the Seller and the Purchaser are governed by the laws of the Czech Republic.
The E-Shop offer is valid for each item while the stocks last, unless specified otherwise. Should you have any questions regarding our products, please contact us by phone at +420 734 415 940 on business days from 10:00 a.m. to 5:00 p.m. or e-mail: email@example.com.
The cost of using remote communication devices such as a phone or the Internet is borne by the Purchaser, and depends on the charges agreed between the Purchaser and the remote communication provider.
The Business Terms and Conditions do not apply to cases in which the person intending to purchase goods from the Purchaser is a legal entity or a person ordering the goods as part of their business or the independent exercise of a profession.
All information about goods presented on the E-Shop Web Interface is intended for informational purposes and the Seller is not obliged to conclude a purchase contract for the goods. The provision of Section 1732 (2) of the Civil Code shall not apply.
The goods are offered by the Seller through the E-Shop. Here the Purchaser may view the currently offered goods and order selected items.
The E-Shop Web Interface contains information about the goods, including prices for each item. The prices of the goods are shown inclusive of value-added tax. The E-Shop Web Interface also contains information about the cost of packaging and the delivery of goods. The information about the cost of packaging and the delivery of goods shown on the E-Shop Web Interface applies only if the goods are delivered within the Czech Republic.
To order goods, the Purchaser completes the order form on the E-Shop Web Interface. The order form primarily contains information about the following:
The Order is sent electronically by the Purchaser to the Seller directly from the E-Shop. An Order sent in this way is a valid and binding draft purchase contract provided it includes all of the details required by the order form.
By sending the Order, the Purchaser confirms that they have read and accepted these Business Terms and Conditions.
The input information on the order form may be checked and modified before making the order. The Purchaser is required to provide only true and accurate information. The Seller considers the information provided for ordering the goods to be correct.
Sending an Order is an act of the Purchaser such that it unambiguously identifies the ordered goods, purchase price, Purchaser, method of payment for the purchase price, and is a binding draft purchase contract for the parties. The Order is valid provided all of the required information on the order form is filled in, the Purchaser has read and confirmed that they have read these Business Terms and Conditions on the website.
The Purchase Contract is made by the Seller confirming the Order to the Purchaser. The Seller usually confirms the order within three business days from the order date. Depending on the character of the Order, the Seller may always ask the Purchaser to authorise the Order, either via e-mail or phone. If the Order is not authorised, it is considered invalid.
If a part of the ordered goods is currently unavailable, the entire Order will be suspended and the Purchaser will be informed about the approximate date for delivering the entire Order. The Seller’s personnel shall contact the Purchaser to agree on further steps, in particular whether the Purchaser wishes the part of the Order which is available to be sent within the delivery period, and the remaining part(s) as soon as it is available, or whether the Purchaser insists that all goods are sent together. The delivery terms and conditions for partial orders and deliveries are the same as those for standard delivery (see below). Any modified offer is considered a new draft purchase contract, and the Purchase Contract is then made only upon the Purchaser’s acceptance.
THE SELLER MAY REFUSE AN ORDER IN THE FOLLOWING CASES:
The Seller may withdraw from the contract if the Purchaser fails to fulfil their commitment to collect the goods or pay the purchase price for the goods, including the shipping charge.
Under the Purchase Contract, the Purchaser is required to collect the ordered goods and pay the purchase price shown on the Order, including the shipping charge, if charged.
The Order and Order confirmation are filed in the Seller’s system, which does not allow the Purchaser to have access to filed orders.
Under the Purchase Contract, the Seller is primarily obliged to deliver the ordered goods to the Purchaser.
The Seller shall not take reservations for any goods.
Option of cancelling the Order: The Purchaser may cancel an Order without any sanction before the goods are shipped. The date for shipping the goods is the 2nd business day after the Order confirmation. The Purchaser may cancel the Order or correct data input errors before placing the Order at +420 737 210 548 on business days from 10:00 a.m. to 5:00 p.m. or by e-mail at eshop(zavináč)zetor(tečka)com.
The purchase price is the price shown for the ordered goods when the Order is sent by the Purchaser. All prices are shown in EUR, always inclusive of VAT. The Seller undertakes to send the goods intact and in accordance with the standard specifications or features for the relevant type of goods. The goods shall comply with the standards, regulations and rules applicable in the Czech Republic.
The Seller shall fulfil their obligations to the Purchaser properly and in due time. The Seller shall, within their means, also reasonably protect the rights and legitimate interests of the Purchaser. The Seller usually delivers the goods to the Purchaser within 10 business days of order confirmation. In case of unforeseen circumstances, the Seller reserves the right to extend the delivery period. The Purchaser shall be informed about any extended delivery periods by phone or e-mail. The place of delivery is the delivery address provided by the Purchaser on the order form.
In addition to the purchase price, a shipping charge for postage and packaging costs of EUR 43 for the countries of the European Union, referred to in paragraph 3.6.
Goods requiring specialist installation may be installed for the Purchaser by an official Zetor representative chosen by the Purchaser from the official list of representatives available at https://www.zetor.cz/prodejni-a-servisni-sit. The cost of installation is not included in the price of the goods.
Goods are delivered only within the Czech Republic and Slovakia and to the following countries: Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Croatia, Ireland, Italy, Lithuania, Latvia, Hungary, Netherlands, Poland, Portugal, Austria, Romania, Greece, Slovenia, Spain, Sweden and Great Britain.
through PPL CZ s.r.o., with their registered address at K Borovému 99, Jažlovice, 251 01, Říčany, registered in the Commercial Register kept by the Municipal Court in Prague, Ref: C 105858 (“PPL CZ s.r.o.”).
The shipment shall be delivered as a Private Parcel to the Purchaser. The selected option should be clearly shown on the order form.
If the goods sent to the Purchaser are returned as undelivered to the Seller through no fault of the Seller (recipient not found, Purchaser did not accept the goods, PPL CZ s.r.o. did not invite the Purchaser to collect the goods, etc.), the Purchaser shall be informed about it by e-mail or phone and asked what to do with the shipment. Should the Purchaser fail to respond within 7 days, the Order shall be cancelled. If the Purchaser requests that the ordered goods be sent again, the Purchaser shall be charged the postage paid by the Seller.
The payment for goods delivered by the Seller to the Purchaser is made only on-line by payment card.
Under the Act on the Registration of Sales, the Seller is required to issue a receipt for the Purchaser. At the same time, the Seller is required to record the sales received with the tax authority on-line, or within 48 hours in case of technical failure.
The receipt issued in compliance with the Act on the Registration of Sales is sent to the Purchaser in a digital format to the e-mail address provided in the Purchaser’s Order.
The Purchaser shall duly collect the goods from PPL CZ s.r.o.: Inspect the integrity of the packaging, number of parcels and items of the goods. If any tampering or damage to the shipment package is found, the Purchaser is recommended to refuse the shipment in their own interest. In such case, the Purchaser shall inform the Seller immediately about the reason for refusing the shipment. If such shipment is received, the Seller recommends that the Purchaser should draw up a record of shipment damage with PPL CZ s.r.o. By signing the certificate of shipment receipt from PPL CZ s.r.o., the Purchaser acknowledges without reservation that the shipment complied with all terms and conditions, and any further complaints about damaged packaging shall be disregarded. The title to the goods shall pass to the Purchaser upon the full payment of the purchase price and the receipt of goods.
In accordance with Section 1829(1) of the Civil Code, the Purchaser may withdraw from the contract without giving any reason within 14 days of receiving the goods. To adhere to the time limit for withdrawal from the contract, it is sufficient to send the notice of withdrawal from the contract before the expiry of the respective time limit. The Purchaser shall send the notice of withdrawal to the Seller by e-mail to eshop(zavináč)zetor(tečka)com or by registered letter to:
ZETOR TRACTORS a.s.
628 00 Brno – Líšeň
The Purchaser shall send the goods back by registered post at the Purchaser’s own cost without undue delay, no later than 14 days from the withdrawal. The Purchaser shall return the goods back to the Seller undamaged, without signs of use or wear, and in the original package, if possible. Returned goods sent by cash on delivery shall not be accepted by the Seller. The Purchaser always bears the cost of returning goods. The Seller shall return the payment for goods to the Purchaser when the returned goods have been received, or if the Purchaser proves that the goods have been returned. The payments shall be returned by wire transfer to the Purchaser’s account shown in the notice of withdrawal, or by postal order, unless the Purchaser and the Seller expressly agree otherwise. The withdrawal from contract template can be found here: Form.
A Purchaser who is not a consumer may not withdraw from the contract.
The Purchaser shall inspect the goods immediately after the delivery, and inform the Seller about any defects found on the goods without undue delay, on the next business day at the latest. Any delay and continued use may cause the defect to worsen, deteriorating the goods, and may be a reason for declining the complaint. The same applies to finding a difference or discrepancy between the information shown on the bill and the goods actually delivered (such as type or quantity), or if the Purchaser does not receive a properly completed bill.
The Seller is responsible that the goods are delivered free from defects to the Purchaser. The Purchaser’s right from defective performance arises from a defect found on an item upon receipt, even if it becomes apparent at a later time.
If there is a defect with which the Seller had to expect that the Purchaser would refuse the goods, then it is deemed a material defect. In case of a material defect the Purchaser may a) require the remedy of defect by delivering a new item free from defects or by delivering a missing component of the item, b) require the remedy of defect by repairing the item, c) require an adequate discount from the purchase price, or d) withdraw from the contract.
The Purchaser shall notify the Seller of the option selected in the notification of defect without undue delay. The Purchaser may not alter the option without the consent of the Seller. This does not apply to the repair of defective goods that are beyond repair. If the Purchaser does not select an option in time, their rights are those that apply to the immaterial defects of goods.
If the goods have a defect that is not material, then it is deemed an immaterial defect. In case of an immaterial defect, the Purchaser may require the remedy of the defect or an adequate discount from the purchase price. Until the Purchaser has exercised their right to a purchase price discount or withdrawn from the contract, the Seller may deliver what is missing or remedy the legal defect. The Seller may remedy other defects at their own discretion, either by repairing the item or delivering a new item, and such option must not result in unreasonable costs for the Purchaser.
When new goods are delivered, the Purchaser shall return the originally delivered goods to the Seller at the Purchaser’s cost.
The Purchaser may not withdraw from the contract or require the delivery new goods if the Purchaser is unable to return the goods in the state they were upon receipt. This does not apply if a) there was a change in the state as a result of an inspection to determine defects, b) the Purchaser used the item before finding the defect, c) the Purchaser, by their act or omission, affected the item so that it cannot be returned in an unaltered state, or d) the Purchaser sold, consumed or altered the item in normal use before finding the defect; if this occurred only partially, the Purchaser shall return to the Seller what can be returned, and reimburse the Seller for any benefit from the use of the item.
The Seller does not guarantee the quality of the goods, and as regards defects, the Purchaser has all rights laid down by these Business Terms and Conditions and the applicable legislation.
The Purchaser shall inform the Seller by phone at +420 734 415 940 on business days from 10:00 a.m. to 5:00 p.m. or by e-mail: firstname.lastname@example.org.
As in the case of withdrawal, the Purchaser shall send the goods by registered post, not cash on delivery, otherwise the Seller shall not receive the goods, to the Purchaser’s mailing address:
ZETOR TRACTORS a.s.
628 00 Brno – Líšeň
The Purchaser shall state the reason for complaint in the shipment.
The complaint shall be settled as soon as possible, not later than 30 days of the complaint by the Purchaser, unless the Seller and the Purchaser have agreed otherwise.
The Buyer's personal data, which are shown on the invoice, shall be considered as confidential information and are protected against misuse. The Seller as the controller shall process the following personal data of the Buyer for the purposes of performing the purchase agreement: first name, last name, e-mail address, phone number, fax number, address of residence or delivery address, if different from address of residence, and IČ (Company Identification Number) and DIČ (Tax Identification Number), if any.
All communication regarding the protection of personal data can be delivered to the Seller to the address of its registered office or to the following e-mail addresses email@example.com.
Personal data will be processed for an indefinite period of time. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner. Personal data will not be used for automated decision-making.
The Buyer has the right of access to his or her personal data processed by the Seller. Access shall mean the right to be provided with information regarding the purpose of processing, the scope of processed personal data and their sources, the nature of the processing and the recipient(s) of the personal data, including the right to the rectification of personal data if such data are inaccurate. The Seller shall provide the Buyer with the requested information without undue delay, no later than within one month and for a reasonable consideration not exceeding the necessary cost of providing such information. The time limit for providing such information may be extended by up to two months in justified cases. The Buyer shall be notified of any such extension.
Where the Buyer has granted to the Seller his or her consent to the processing of his or her personal data for marketing purposes when concluding the purchase agreement, the Seller shall be entitled to transfer the Buyer's personal data in the scope of the Buyer's first name, last name and e-mail address to another entity commissioned to process such personal data for the Seller’s marketing purposes. “Marketing purposes” shall mean the offering of products and services of the Seller, identifying customer satisfaction and for the purposes of market research, as well as for the purposes of disseminating commercial communication under Act No. 480/2004 Sb., on Certain Information Society Services, as amended. Personal data shall be processed for marketing purposes for an indefinite period of time but no later than the revocation of the consent granted. The Buyer may revoke his or her consent to the processing of his or her personal data for marketing purposes at any time at firstname.lastname@example.org, or by means of a notice delivered to the address of the registered office of the Seller. The Buyer's consent to the processing of personal data for marketing purposes is not a condition for or a condition preventing the conclusion of a purchase agreement.
The Czech public supervisory authority for the protection of personal data is the Office for Personal Data Protection with its registered office at Pplk. Sochora 27, postcode 170 00, Prague 7, www.uoou.cz, with which a complaint may be lodged.
The Purchaser takes over ownership of the goods upon the full payment of the purchase price.
If the relationship based on the Purchase Contract involves an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights under the generally binding legal regulations.
If any provision of the Business Terms and Conditions is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision having a meaning as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions. Any modifications and amendments to the Purchase Contract or Business Terms and Conditions shall be in writing.
Any disputes between the parties shall be settled by the relevant courts of the Czech Republic.
Before initiating any dispute before the relevant court, the Purchaser, as a consumer under Act No. 634/1992 Coll. on Consumer Protection, may initiate an out-of-court procedure to settle a dispute they were unable to settle directly with the Seller. The materially competent authority for an out-of-court settlement of consumer disputes with the Seller is the Czech Trade Inspection Authority (http://www.coi.cz/). For more information about the out-of-court settlements of disputes, please click here.
In accordance with Regulation (EU) No 524/2013, the Purchaser may also initiate an on-line out-of-court settlement of a consumer dispute, through the ODR platform for on-line dispute resolution available at the website http://ec.europa.eu/consumers/odr/.
Before proceeding to dispute settlement using any of the methods above, the Purchaser is recommended to contact the Seller at the e-mail address eshop(zavináč)zetor(tečka)com or by phone +420 737 210 548.
These Business Terms and Conditions become effective on 25 June 2018.