On-line shop is operated by the company W trailers CZ s.r.o., IČO: 21532214, with registered office at Dvořákova 2190/37, 301 00 Plzeň, registered in the commercial register maintained by the Regional Court in Plzeň, section C, insert 45226, telephone number: +420, email address: wtrailerscz@gmail.com (“Seller”). The Seller has a business premises published at the address Dvořákova 2190/37, 301 00 Plzeň.

Article 1 Introduction Provisions

1.1. These terms and conditions (in the sense of § 1751 of Act No. 89/2012 Coll., Civil Code, in its current wording (hereinafter referred to as the “Civil Code”), apply to the purchase in the Seller's online shop through the web interface located at the internet address www.wtrailers.cz (“web interface”), or also to contracts concluded in another distance manner (e.g., through email communication).

1.2. The goods sold through the web interface are trailers, their production, accessories, and components for trailers of various brands and other related goods specified in the web interface.

1.3. The terms and conditions define and specify the basic rights and obligations of the Seller and the end customer – consumer and entrepreneur (“Buyer”). Unless explicitly stated that a specific provision applies only to the consumer Buyer or the entrepreneur Buyer, it applies to all Buyers. By sending an order and confirming it in the web interface, the Buyer simultaneously confirms that they accept these terms and conditions and that they have familiarized themselves with them. The purchase contract, i.e., the terms and conditions including the order and confirmation of receipt, will be sent to the Buyer by email at the moment of receipt of the order by the Seller.

1.4. The Buyer is a natural or legal person who concludes or intends to conclude a purchase contract with the Seller for the purchase of goods through the web interface. Due to the applicable legal regulation, a distinction is made between a Buyer who is not a consumer and a Buyer who is a consumer.

1.5. A consumer is any person who, outside the scope of their business activity or outside the scope of independent performance of their profession, concludes a contract with an entrepreneur or otherwise acts with them.

1.6. The provisions of the terms and conditions are an integral part of the purchase contract (the “purchase contract” here refers to any contract concluded according to these terms and conditions). The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language, unless the Buyer and Seller explicitly agree on another language.

1.7. All contractual relationships are governed by the terms and conditions and relationships not regulated by them are governed by the Civil Code, and if the contractual party is a consumer, by Act No. 634/1992 Coll., on Consumer Protection, as amended. Provisions deviating from the terms and conditions can be agreed upon in the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of the terms and conditions.

Article 2 Order and Conclusion of the Purchase Contract.

The presentation of goods placed in the web interface is of an informative nature and the Seller is not obliged to conclude a purchase contract regarding this goods. The provision of § 1732 paragraph 2 of the Civil Code shall not apply.

The Buyer can place orders for goods without registration directly from the web interface or can register on the web interface. Based on registration through a user account, it is possible to further manage (track progress, archive, delete, etc.), or perform other actions that the web interface allows. The Seller informs the Buyer that registered users or users who provide their contact details can comment on the goods or inquire about the Seller's goods, whereby the Seller is not technically able to ensure that only those registered users who have purchased the goods can comment on the goods.

The Buyer can also place an order for goods through email communication with the Seller by sending an order to the Seller's contact email provided on the web interface, or in the context of email communication following the Buyer's phone inquiry.

Access to the user account is secured by a username and password, which the Buyer chooses themselves. The Buyer is not entitled to allow third parties to use the user account.

The Seller reserves the right to cancel user accounts without compensation that have not been used for more than 12 months and further accounts through which there is a violation of good morals, the law, or whose owners commit violations of these business terms.

The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of the hardware and software of third parties.

The web interface contains a list of goods and information about them, including the prices of individual goods. The prices of goods are stated including all taxes (including VAT), customs duties, and other related fees. The prices of the presented goods and the prices for packaging, transport, and delivery remain valid for the duration they are displayed in the web interface. This provision does not affect the Seller's ability to conclude a purchase contract with the Buyer under individually agreed conditions.

Any discounts on the price of goods provided by the Seller to the Buyer cannot be mutually combined unless the Seller explicitly states otherwise.

The web interface of the store also contains information about the costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods stated in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

The order must always contain the exact name of the ordered goods (or numerical designation of the goods), the number of pieces of goods, the chosen method of payment and delivery, and the contact details of the Buyer (name and surname/company name of the Buyer, delivery address, phone number, email address, possibly VAT number if the Buyer is an entrepreneur).

Before sending the order, the Buyer is provided with a summary of the order, especially the type and quantity of goods, delivery address, and final price, including delivery costs (depending on the chosen method of delivery – transport) and any fees associated with the chosen method of payment. In the summary, the Buyer is allowed to change the entered details.

Binding Order for the Conclusion of a Purchase Agreement

A binding order aimed at concluding a purchase agreement, including the obligation of the Buyer to pay the purchase price, will be submitted by the Buyer via the button "Order and Pay." If the Buyer chooses personal pickup at the store as the method of delivery and simultaneously cash or card payment at the store as the method of payment for the purchase price, they do not submit a binding order aimed at concluding a purchase agreement, including the obligation of the Buyer to pay the purchase price, but only reserve the goods, which will be prepared for the Buyer at the store and which the Buyer can purchase after inspecting and trying it on at the store for the price stated in the order.

In the case of purchasing goods at the store based on this non-binding order, the purchase agreement is concluded directly at the store; therefore, the provisions concerning contracts concluded at a distance do not apply to these purchase agreements. The data of the Buyer provided in the order is considered correct by the Seller.

2.12. Contractual Relationship

The contractual relationship between the Seller and the Buyer arises (i.e., the purchase agreement is concluded) by sending a binding order to the Seller and delivering a confirmation of receipt of the order ("receipt of the order" or "confirmation of receipt of the order"), which is sent by the Seller to the Buyer's email address. The Seller is obliged to send the receipt of the order to the Buyer no later than three (3) working days from the receipt of the order; otherwise, the purchase agreement is not concluded unless the purchase price has already been paid or the goods have been received in the meantime. The Seller is not responsible for data transmission. If the receipt of the order is not delivered to the Buyer, the contractual relationship arises upon payment of the entire purchase price or upon receipt of the ordered goods by the Buyer, whichever occurs first. In the case of submitting a non-binding order, the Buyer will also receive a confirmation of receipt of the order, which, however, in this case, has only an informational character – it informs the Buyer that the Seller has received their non-binding order.

2.13. Additional Confirmation of Order

The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to request additional confirmation of the order from the Buyer (for example, in writing or by phone). The Seller reserves the right to refuse an unverified order. Such an order will then be regarded as if it had not been submitted.

2.14. Use of Remote Communication Means

The Buyer agrees to the use of remote communication means when concluding the purchase agreement or submitting a non-binding order. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the purchase agreement or submission of a non-binding order (primarily costs for internet connection, costs for phone calls) are borne by the Buyer themselves and depend on the tariffs and conditions of their service provider, with the Seller charging no costs. This does not apply in the case of costs for packaging and delivery of goods, where the costs vary according to the method of delivery, the transport provider, and the method of payment. The method of delivery, transport provider, and method of payment are chosen by the Buyer during the order process.

2.15. Obligations of the Seller and Buyer

By the purchase agreement, the Seller undertakes to deliver the goods specified in the order to the Buyer and to allow them to acquire ownership rights to the goods, and the Buyer undertakes to accept this goods from the Seller or the transport provider chosen by the Buyer and to pay the Seller the purchase price of the goods specified in the order. Along with the purchase price, the Buyer is obliged to pay the costs associated with the delivery of the goods and any fees related to the chosen method of payment, the amount of which is stated in the web interface and will be stated in the order and in the confirmation of its receipt.

Based on the non-binding order, the Seller undertakes to prepare the selected goods for the Buyer at the chosen store, allow them to view and try the goods, and in case of the Buyer's interest, further allow them to purchase the goods at the price stated in the non-binding order at the store.

2.16. In the event that there was an obvious technical error on the part of the Seller when stating the price of the goods in the web interface or during the ordering process, or an obvious error in writing and calculations, the Seller is not obliged to deliver the goods to the Buyer at this completely obviously incorrect price, even if the Buyer was sent an order confirmation according to these terms and conditions.

2.17. The Buyer may cancel orders that have not yet been confirmed by the Seller by phone or email to the contact phone number or email address of the Seller. All binding orders accepted by the Seller represent a concluded purchase contract. Later cancellation of the order (or already concluded purchase contract) is possible only by agreement with the Seller. If an order is canceled regarding goods for which it is not possible to withdraw from the contract, or if the withdrawal from the contract is associated with costs, without the Seller being required by law to bear these costs, the Seller is entitled to compensation for the costs already incurred in connection with the purchase contract.

Article 3. Payment and Delivery Conditions

3.1. In justified cases (especially for orders with a total price over 20,000 CZK and in the case of taking over goods outside the Seller's establishment, for orders of specific goods – e.g., for customized configurations of carts) and at the request of the Buyer for such a method of payment, the Seller may require a deposit on the purchase price. The provision of Section 2119, paragraph 1 of the Civil Code shall not apply.

3.2. The Seller is entitled, especially in the case that the Buyer does not subsequently confirm that they made the order (Article 2.13), to require payment of the entire purchase price before sending the goods to the Buyer. The provision of Section 2119, paragraph 1 of the Civil Code shall not apply.

3.3. Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the packaging and delivery of the goods.

3.4. The Buyer has the option to pay the purchase price for the goods to the Seller, in addition to other methods stated in the web interface, also by one of the following methods:

• in cash or cashless by credit card at the Seller's establishment (in this case, only a reservation of the goods occurs),

• in cash or cashless by credit card on delivery at the location specified by the Buyer in the order,

• cashless by credit card or transfer to the Seller's account.

Any additional payments by the Buyer in connection with the above methods of payment for the goods are stated in the web interface, in the order, and will also be stated in the confirmation of receipt of the order. Instructions for cashless payment (especially the variable symbol) will be communicated to the Buyer in the order confirmation.

3.5. Payment for the goods is possible exclusively in Czech crowns (CZK).

3.6. In the case of payment on delivery, the purchase price is due upon receipt of the goods.

In the case of cashless payment by transfer or card before taking over the goods, the purchase price is due within 2 days from the conclusion of the purchase contract. The obligation of the Buyer to pay the purchase price is fulfilled at the moment the relevant amount is credited to the account of the Seller. In the event of non-payment of the purchase price within the specified due date, the Seller has the right to withdraw from the purchase contract (cancel the order), of which the Buyer will be informed.

Goods that are in stock, the Seller will dispatch in the case of cash on delivery usually within 1 to 14 working days from the receipt of the order. In the case of cashless payment by transfer or card before taking over the goods, the Seller dispatches the goods in stock usually within 1 to 14 working days from the crediting of the relevant amount to their account, unless otherwise stated for a specific type of payment in these terms and conditions or on the web interface. The goods will be handed over to the Buyer without unnecessary delay, but no later than 30 days after the conclusion of the purchase contract. If the Seller is delayed in handing over the goods, the Buyer may withdraw from the purchase contract if the Seller does not fulfill their obligation even within an additional reasonable period provided by the Buyer. The deadline according to this paragraph is also fulfilled in the case of a failed attempt to deliver the goods or notification of the readiness of the goods for personal collection.

Goods that are not in stock are appropriately marked on the web interface. Such goods cannot be ordered on the web interface. The Seller is entitled to cancel any orders for such goods.

Methods of delivery of goods are, in addition to other methods listed on the web interface: personal collection at the Seller's establishment, the address of which is provided on the web interface; the Buyer will be informed of the readiness of the goods for collection in an appropriate manner, e.g., by phone, email, or SMS (in the case of choosing personal collection with payment in cash or by card at the store, only a reservation of the goods occurs); sending goods to a Zásilkovna branch; sending goods by courier to the address where this transport is explicitly stated. The specific method of delivery of the goods will be chosen by the Buyer in the order and confirmed by the Seller in the order confirmation.

The costs of delivering the goods depending on the method of transport are stated on the web interface of the store, will be stated in the Buyer's order, and in the order confirmation from the Seller.

In the event that the method of transport is agreed upon based on a special request from the Buyer in a manner other than those offered by the Seller, the Buyer bears the risk and any additional costs associated with this method of transport.

In the event that, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.

If the Seller is obliged under the purchase contract to deliver the goods to a place designated by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.

Delivery of goods according to these terms and conditions is understood as the moment of delivery of the goods to the Buyer in accordance with the purchase contract. Unjustified refusal of the goods by the Buyer is not considered.

For Non-fulfillment of the Obligation to Deliver Goods by the Seller or for Withdrawal from the Contract by the Buyer.

3.15. In the event that the Buyer does not take over the goods and does not withdraw from the purchase contract in accordance with these business conditions, the Seller is entitled to compensation for costs associated with the delivery of the goods and their storage (for storage at the Seller's premises for each day of delay in the amount of max. 10 CZK, but no more than a total of 500 CZK or up to the purchase price if it is lower than 500 CZK), as well as other costs incurred by the Seller due to the Buyer’s failure to take over the goods. In the case of the Buyer not taking over the goods during delivery to the address chosen by the Buyer (by post, another carrier, or courier), the goods will be returned to the Seller according to the conditions of the carrier or courier. In such a case, the Seller has the right to withdraw from the purchase contract (cancel the order), of which the Buyer will be informed. After the expiration of the period specified in the notice of readiness of the goods for collection, if the prepared goods are not picked up at the Seller's premises, the Seller has the right to withdraw from the purchase contract (cancel the order), of which the Buyer will be informed. In the case of not picking up the goods prepared at the store based on a non-binding order (reservation of goods) within the specified period, the Seller has the right to cancel this reservation of goods, of which the Buyer will be informed. Withdrawal from the purchase contract does not extinguish the Seller's right to compensation for costs according to this paragraph 3.15.

3.16. Upon receipt of the goods from the carrier, the Buyer is obliged to check the compliance of the delivered shipment with the received order, possibly also with the shipping documents, especially the number of packages in the shipment, the integrity of the packaging of the goods, and in case of any defects, to immediately notify the carrier and draw up a damage report with them. In the case of finding a breach of the packaging or incomplete quantity, the Buyer does not have to accept the shipment from the carrier.

3.17. The Buyer acquires ownership rights to the goods by paying the full purchase price for the goods, but not before the goods are taken over. The risk of accidental destruction, damage, or loss of the goods passes to the Buyer at the moment of taking over the goods, or at the moment when the Buyer was obliged to take over the goods but did not do so in violation of the purchase contract.

3.18. The Seller will issue a tax document - invoice to the Buyer for payments made based on the purchase contract. The Seller is a payer of value-added tax. The tax document - invoice will be issued by the Seller to the Buyer after the price of the goods has been paid and will be sent in electronic form to the Buyer's electronic address.

3.19. Other rights and obligations of the parties during the transportation of goods may be regulated by special delivery conditions of the Seller, if issued and published on the web interface by the Seller. In the event of a conflict between these business conditions and any special delivery conditions, the special delivery conditions take precedence.

Essox Service

3.20. For the purchase of goods in installments, the Buyer may use the services provided by the company ESSOX s.r.o., IČ: 26764652, registered in the commercial register maintained by the Regional Court in České Budějovice, section C, insert 12814, with its registered office at F. A. Gerstnera 52, 370 01 České Budějovice ("Essox service"), already for purchases worth from 2,000 CZK.

3.21. INSTALLMENT PURCHASE PROCEDURE.

1. Selected goods put into the cart. You can buy more products at once, do not forget about the necessary accessories for the purchased goods, etc.

2. In the cart, check the order, proceed to the payment method, and choose the payment method in installments ESSOX. Choose the form of delivery according to the offered options and complete the order.

3. In the next step, you will be redirected to the web application of ESSOX s.r.o. (usually by clicking on the link or logo of ESSOX).

4. You fill out the online loan application. When filling it out, you choose the method of signing the contract (online SMS or handwritten signature of the paper contract signature by courier).

A. For the correct signing of the contract using SMS codes, it is necessary to be the owner of the account specified in the loan application. When filling out, you will be asked to prove ownership of the specified bank account.

B. When choosing SMS signature, it is necessary to have one of these types of personal documents available (driver's license, passport, or firearms license).

C. If you do not have any of these personal documents or are not the owner of the bank account held in your name, then choose the signature of the paper contract SIGNATURE BY COURIER.

D. Subsequently, send the application for processing.

1. After sending the application, the result of the application will be displayed to you. You will also receive the same information by email.

2. In the case of a positive assessment of the application, complete the process according to the instructions on the screen or in the email.

A. In the case of SMS signature, we will send you 2 SMS codes. With the first, you confirm that you will sign the contract using the SMS code. Subsequently, you will display and confirm all documents marked "display and confirm." You will sign the loan contract after confirming the accuracy of the data in the contract using the second SMS code, which you will have sent to you. To successfully sign the contract, it is necessary to enter a total of TWO SMS CODES.

B. When choosing the Paper Contract with signature via courier, download the contractual documentation, which you should read. The courier company will contact you and arrange a time when they will come to you with the contractual documentation. They will perform identification, and you will sign the contract. One copy of the contract will be left with you, and one copy along with the identification form will be handed over to ESSOX.

1. After completing the signing of the contract and delivering it to the loan provider ESSOX s.r.o., it undergoes verification. After successful verification, ESSOX immediately informs the seller to ship the goods to you.

2. The seller will hand over the goods to you and collect direct payment from you (if you chose it).

   3.22 Advantages of SMS Signature

   Everything can be handled from the comfort of your home (you do not have to wait for a courier with the contract)

   Signing the contract via SMS is completely FREE

   Time savings, speed of processing your order and installments within a few hours

   You do not need to print anything

   Simple processing

   No unnecessary papers (environmentally friendly)

   3.23 Procedure for Purchasing via Installment Payment

   1. Add the selected goods to the cart.

   2. Choose payment in the form of INSTALLMENT PAYMENT ESSOX.

   3. You will be redirected to the online application.

   4. Specify how you want to spread the payment.

   5. Take photos of the documents or upload photographs of the documents.

   6. We will fill out the form for you, you will check the accuracy of the data.

   7. Then the application will be approved.

   8. You will sign the contract by sending the first payment for the goods.

   9. After receiving the payment, the seller will send you the goods.

   10. According to the chosen number of payments, you will pay the remaining payments to ESSOX.

   3.24 What is needed to use INSTALLMENT PAYMENT

   1. Identity card

   2. Second document (driver's license, passport, or firearms license)

 

Air Bank, a.s.

Raiffeisenbank a.s. mBank S.A 3.25

VÝHODY ROZLOŽENÉ PLATBY

Nakupte zboží od 2 000, Kč 30 000, Kč. Rozložte si cenu nákupu až do čtyř plateb. Šetřete čas a nevyplňujte složité formuláře, vše načteme z Vašich dokladů. Podepište smlouvu zaplacením první platby za zboží. Žádné zbytečné papírování, celý nákup vyřídíte plně online. Bližší informace a podmínky využití těchto služeb Essox jsou uvedeny v Obchodních podmínkách Essox.

Odstoupí li Kupující spotřebitel od kupní smlouvy, zanikají i závazky ze všech vedlejších smluv, včetně smlouvy na poskytnutí služby Essox, k témuž okamžiku jako závazek z kupní smlouvy bez nákladů pro Kupujícího, s výjimkou úhrad uvedených níže v odst. 4.1 – 4.8. těchto obchodních podmínek.

Článek 4. Odstoupení od kupní smlouvy

Odstoupení od kupní smlouvy Kupujícím spotřebitelem

4.1. Kupující, který je spotřebitelem, má právo odstoupit od kupní smlouvy uzavřené distančním způsobem bez udání důvodů a bez postihu ve lhůtě 14 dnů, která končí uplynutím 14 dnů ode dne převzetí zboží, případně od převzetí posledního kusu zboží, objedná li Kupující v rámci jedné objednávky více kusů zboží, které jsou dodávány samostatně, nebo od převzetí poslední položky nebo části dodávky zboží sestávajícího z několika položek nebo částí. Odstoupení od kupní smlouvy může Kupující v této lhůtě učinit jakýmkoliv jednoznačným prohlášením učiněným vůči Prodávajícímu, zejména jej Kupující může zaslat na kontaktní adresu Prodávajícího nebo na kontaktní e-mail Prodávajícího uvedené v těchto obchodních podmínkách. Pro odstoupení od kupní smlouvy lze využít vzorový formulář poskytovaný Prodávajícím. Lhůta pro odstoupení je zachována, i pokud Kupující v jejím průběhu odešle Prodávajícímu oznámení, že od kupní smlouvy odstupuje.

4.2. Kupující bere na vědomí, že nelze odstoupit od kupní smlouvy o dodávce zboží vyrobeného podle požadavků spotřebitele nebo přizpůsobeného jeho osobním potřebám, od kupní smlouvy o dodávce zboží v zapečetěném obalu, které z důvodu ochrany zdraví nebo z hygienických důvodů není vhodné vrátit poté, co jej spotřebitel porušil.

4.3. V případě odstoupení od kupní smlouvy se smlouva od počátku ruší. Zboží musí být Prodávajícímu Kupujícím zasláno nebo předáno bez zbytečného odkladu, nejpozději však do 14 dnů od odstoupení od kupní smlouvy, a to na adresu provozovny Prodávajícího, jejíž adresa je uvedena na webovém rozhraní. K zachování lhůty postačí, pokud spotřebitel odešle zboží před jejím uplynutím. Kupující nese náklady spojené s navrácením zboží Prodávajícímu.

4.4. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to return the received monetary funds to the Buyer before the Buyer returns the goods or proves that the goods have been sent to the Seller, depending on which occurs first.

4.5. The Buyer, along with the withdrawal, will prove the purchase of the goods including the date of purchase to the Seller.

4.6. The Seller will return to the Buyer all received monetary funds, including the costs of delivering the goods to the Buyer. The Seller will return the money within 14 days from the withdrawal from the purchase agreement by the Buyer, in the same manner as it was received from the Buyer. The Seller will return the received monetary funds to the Buyer in another way only if the Buyer agrees to it and if it does not incur additional costs for him.

4.7. If the Buyer chose a method of delivery of the goods other than the cheapest one offered by the Seller, the Seller will return to the Buyer the costs of delivering the goods in the amount corresponding to the cheapest offered method of delivery of the goods.

4.8. When sending, the Buyer is obliged to pack the goods in suitable packaging so that it does not get damaged or destroyed. The Buyer is responsible to the Seller for the reduction in value of the goods that occurred as a result of handling the goods in a manner other than is necessary for the Buyer to familiarize himself with the nature, properties, and functionality of the goods.

4.9. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutory condition that if the Buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effectiveness and the Buyer is obliged to return the provided gift to the Seller along with the goods.

Withdrawal from the Purchase Agreement by the Buyer

4.10. In the event that the Buyer withdraws from the purchase agreement, has already paid the purchase price in full or in part, and these terms and conditions do not stipulate other rules, the received amount will be returned non-cash to the account communicated to the Seller for this purpose by the Buyer or to the account from which the funds were sent to pay the purchase price (if the Buyer does not communicate any within 3 days from the withdrawal to the Seller), within 10 days from the withdrawal from the purchase agreement. If the goods were paid for with non-cash vouchers, it is not possible to return the price for the goods in cash or by transfer to an account. In this case, it can be returned again in the form of vouchers (voucher for the purchase of goods). According to this paragraph, the Seller will proceed in the case of the cancellation of the order by the Buyer.

Withdrawal from the Purchase Agreement by the Seller

4.12. The Seller has the right to withdraw from the purchase agreement in the event that the goods cannot be delivered under the original conditions for objective reasons (the goods are no longer produced, the supplier has stopped supplying to the Czech Republic, its price has significantly increased, or the costs of delivery have increased), or if the fulfillment becomes objectively impossible, or if the Buyer has not settled all obligations to the Seller due on the date of the order by the Buyer or at any time after that date.

4.13. In the event that the Seller (for any reason stated in these terms and conditions) withdraws from the purchase agreement, the Seller will promptly inform the Buyer of this fact. If the Buyer has already paid the purchase price in full or in part, the received amount will be returned non-cash to the account communicated to the Seller for this purpose by the Buyer.

or to the account from which the funds were transferred for the payment of the purchase price (if the Buyer does not notify the Seller within 3 days of withdrawal), and within 10 days from the withdrawal from the purchase contract.

 

5.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations, especially the provisions of the Civil Code and the Consumer Protection Act.

5.2. More detailed arrangements regarding rights from defective performance are specified in the Seller's Complaints Procedure.

 

6.1. The rights and obligations concerning the protection of personal data are stated in the document "Protection of Personal Data," which is available at the following link: GDPR and protection of personal data.

 

7.1. If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by Czech law and that all disputes are decided by a Czech court, which is the general court of the Seller. This does not affect the rights of the consumer arising from generally binding legal regulations.

7.2. The invalidity, ineffectiveness, or unenforceability of one provision does not affect the validity of the other provisions.

7.3. In matters not regulated by the purchase contract (including the order and its acceptance) and the business terms, or communication between the parties, the legal relationship is governed by the conditions stated in the web interface. Information about the individual technical steps leading to the conclusion of the purchase contract is evident from the web interface.

7.4. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, either by electronic mail, in person, or by registered mail through a postal service provider (at the sender's choice). It is delivered to the Buyer at the email address provided in their user account or in the order, or within the communication between the parties.

7.5. The Seller is authorized to sell goods based on a trade license. The relevant trade office conducts trade supervision within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection supervises, to a defined extent, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended. The Seller's activities are not subject to any other licensing.

7.6. Any complaints are handled by the Seller via the Contact Email, or the Buyer may contact the entities listed in the previous paragraph. The Seller is not bound by any codes of conduct in relation to the Buyer, nor does it voluntarily adhere to any such codes.

The content of the Seller's website, all materials on it (texts, photographs, images, logos, and others) and in related printed media (promotional leaflets, advertisements, etc.), including the software of the web interface, is protected by the Seller's copyright and may be protected by other rights of third parties. The content may not be changed, copied, reproduced, distributed, or used by any third party for any purpose without the Seller's written consent. In particular, it is prohibited to make photographs and texts placed on the web interface available for a fee or free of charge. In case of non-compliance with this prohibition, the Seller will act in accordance with Act No. 121/2000 Coll., the Copyright Act, as amended. The names and designations of products, goods, services, companies, and firms may be registered trademarks of their respective owners.

The Seller is not responsible for errors arising from third-party interventions in the web interface or as a result of its use contrary to its intended purpose. The Buyer must not use procedures when using the web interface that could negatively affect its operation and must not engage in any activity that could allow him or third parties to unlawfully interfere with or unlawfully use the software or other components constituting the web interface and use the web interface or its parts or software in a manner that would be contrary to its intended purpose or purpose.

, email: adr@coi.cz. The consumer Buyer may also use the online dispute resolution platform established by the European Commission at / / ec.europa.eu/consumers/odr/.

The purchase contract, including the terms and conditions, is stored and archived by the Seller in electronic form for a minimum of 5 years and is not accessible to third parties (the provisions of these terms and the law on the provision of the purchase contract and the terms and conditions to the Buyer are not affected in any way by this). The Seller will provide the Buyer with the purchase contract, including the terms and conditions, upon request in text form (in electronic form by sending an email).

In case of a question regarding the terms and conditions and the purchase contract, the Seller will promptly provide the Buyer with all necessary information.

Article 8. Contact Information of the Seller

or personally at the Seller's establishment.

Complaints Procedure.

Complaint Procedure

This complaint procedure, accepted according to the relevant provisions of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act"), applies to the conclusion of all purchase contracts between W trailers CZ s.r.o., IČO: 21532214, with its registered office at Dvořákova 2190/37, 301 00 Plzeň, registered in the Commercial Register maintained by the Regional Court in Plzeň, section C, insert 45226, telephone number: + ("Seller"), and the end customer ("Buyer") realized at the Seller's establishment or on the Seller's web interface and is an integral part of each purchase contract concluded between the Seller and the Buyer for goods ("Purchase Contract"), unless the parties have expressly agreed on a different arrangement.

Introductory Provisions

This complaint procedure is divided into a part relating to the Buyer – consumer, a part relating to the Buyer – entrepreneur, and a part relating to all Buyers.

I. PART – RIGHTS AND OBLIGATIONS IN RELATION TO THE BUYER CONSUMER

Seller's Liability for Defects in Goods

The Seller is liable to the Buyer for the fact that the goods upon receipt are free from defects, in particular, the Seller is liable for the goods:

• Corresponding to the agreed description, type, and quantity, as well as quality, functionality, and other agreed properties;

• Suitable for the purpose for which the Buyer requires it and which the Seller has agreed to;

• Delivered with the agreed accessories and instructions for use, including the manual.

The Seller further guarantees to the Buyer that in addition to the agreed properties:

• The goods are suitable for the purpose for which such goods are usually used, also with regard to the rights of third parties, legal regulations, technical standards, or codes of conduct of the relevant industry, unless there are technical standards;

• The goods in terms of quantity, quality, and other properties, including durability, functionality, and safety, correspond to the usual properties of goods of the same kind that the Buyer can reasonably expect, also with regard to public statements made by the Seller or another person in the same contractual chain, especially advertising or labeling;

• The goods are delivered with accessories, including packaging, instructions, or other instructions for use that the Buyer can reasonably expect;

• The goods correspond in quality or execution to a sample or model if the Seller provided it to the Buyer before concluding the Contract;

and this is except in cases where the Seller specifically informed the Buyer before concluding the Contract that a certain property of the goods differs and the Buyer expressly agreed to this when concluding the Contract.

The Seller is also liable to the Buyer for a defect caused by incorrect assembly or installation, which was carried out by the Seller or under its responsibility according to the purchase contract. This also applies in cases where the assembly or installation was carried out by the Buyer and the defect occurred due to a deficiency in the instructions provided by the Seller.

If the goods do not meet the above requirements, they have defects. The Seller is not liable for defects in the goods caused by the Buyer, for wear and tear of the goods caused by its use.

If the goods have a defect, the Buyer may request:

At their choice, the Buyer may request the delivery of new goods without defects or the repair of the goods, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other; this will be assessed particularly with regard to the significance of the defect, the value that the goods would have without the defect, and whether the defect can be removed in another way without significant difficulties for the Buyer. The Seller may refuse to remove the defect if it is impossible or disproportionately costly, particularly with regard to the significance and value that the goods would have without the defect. The Seller will remove the defect within a reasonable time after it has been pointed out, so as not to cause significant difficulties for the Buyer, taking into account the nature of the goods and the purpose for which the Buyer purchased the goods.

The Buyer may request a reasonable discount or withdraw from the purchase contract if:

• The Seller refused to remove the defect or did not remove it within a reasonable time after it was pointed out, so as not to cause significant difficulties for the Buyer, taking into account the nature of the goods and the purpose for which the Buyer purchased the goods, or did not take the goods back at their own expense to remove the defect;

• The defect appears repeatedly;

• The defect is a substantial breach of the purchase contract; or

• It is evident from the Seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the Buyer.

A reasonable discount is determined as the difference between the value of the goods without defects and the value of the defective goods that the Buyer received. The Buyer cannot withdraw from the Contract if the defect of the goods is insignificant. If the Buyer withdraws from the purchase contract, the Seller will return the price to the Buyer without unnecessary delay after receiving the goods or after the Buyer proves that they sent the goods to the Seller.

The seller is responsible to the buyer for the fact that the goods have no defects upon receipt, in particular, the seller is responsible for the fact that the goods are delivered to the buyer in the agreed quantity, quality, and execution, otherwise in a quality and execution suitable for the purpose apparent from the purchase contract, and if not apparent, for the usual purpose. If the goods do not meet the above requirements, they have defects. A defect in the goods is also considered to be the delivery of goods other than those ordered or defects in the documents necessary for the use of the goods. The seller is not responsible for defects in the goods caused by the buyer, wear and tear of the goods caused by their usual use, or in the case of used goods for wear and tear corresponding to the degree of their previous use. Furthermore, the seller is not responsible for defects in goods sold at a lower price for a defect for which a lower price was agreed. The seller is also not responsible for defects in goods that the buyer could have recognized with the usual care at the time of concluding the purchase contract, except in cases where the buyer received assurance from the seller that the goods are free of defects. The buyer is obliged to report a defect in the goods without unnecessary delay after they could have discovered it with timely inspection and sufficient care, but no later than 2 years after receiving the goods. The buyer can only raise a defect that the goods had at the time of receipt, even if it manifests later (within 2 years). When purchasing used goods, the period according to the first sentence of this paragraph is shortened to 6 months. If the buyer has justifiably raised a defect in the goods, the period for raising the defect does not run for the time during which the buyer cannot use the goods.

Rights of the Buyer from Defective Performance

If the buyer does not choose their right in time (within the framework of raising the defect or without unnecessary delay thereafter), they have rights as in the case of a non-substantial breach of the purchase contract.

if the buyer did not cause the impossibility of returning the goods in unchanged condition by action or omission.

Did the Buyer sell the goods before discovering the defect, or did he modify the goods during normal use; if this happened only partially, the Buyer will return to the Seller what he can still return, and will compensate the Seller to the extent to which he benefited from the use of the goods. The Buyer will inspect the purchased goods as soon as possible after their delivery and will verify their properties and quantity.

III. PART – RIGHTS AND OBLIGATIONS IN RELATION TO ALL BUYERS

Article 6

Defect Notification

The Buyer has the right to file a complaint with the Seller at his establishment, the address of which is provided on the web interface. The Seller ensures the presence of a designated employee to accept complaints by prior arrangement. The Buyer is obliged to prove that he has the right to file a complaint, especially by providing the date of purchase, for example, by presenting the sales document, or by another credible means. The Buyer is not entitled to file a complaint about a defect that was already pointed out in the past if a reasonable discount on the purchase price was provided for it.

If filing a complaint would cause significant difficulties for the Buyer, especially because the item cannot be transported to the place of complaint in the usual way, the Seller will assess the defect in agreement with the Buyer either at a location agreed upon by the parties or in another way. In such a case, the Buyer is obliged to provide the Seller with the necessary cooperation.

Article 7

Complaint Resolution

The Seller is obliged to issue a written confirmation to the Buyer upon filing a complaint, in which he will state:

• the date and place of the complaint filing,

• the description of the defect being complained about (what the complaint is about);

• the method of resolution of the complaint requested by the Buyer;

• contact details of the Buyer for the purpose of providing information about the resolution of the complaint.

The complaint, including the removal of the defect, must be resolved, and the Buyer must be informed about it no later than 30 days from the date of filing the complaint, unless the Seller and the Buyer agree on a longer period. After the expiration of this period, the Buyer, as a consumer, may withdraw from the purchase contract or request a reasonable discount.

The Seller is obliged to issue the Buyer a confirmation of the date and method of resolution of the complaint, including confirmation of the repair performed, and the duration of it, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.

The Buyer is obliged to collect the complained goods within 30 days from the day when the complaint should have been resolved at the latest; after this period, the Seller is entitled to charge a reasonable storage fee or to sell the goods by himself at the Buyer's expense. The Seller must inform the Buyer in advance of this procedure and provide him with a reasonable additional period to collect the goods.

The Buyer acknowledges that in the case of exchanging goods in the context of handling a complaint, a new deadline for asserting rights from defective performance does not run. The deadline will end 2 years from the receipt of the complained goods.

If the complaint is recognized as justified, the Buyer has the right to reimbursement of the reasonably incurred costs associated with asserting their rights from defective performance. However, if the right to this compensation is not asserted within one month after the expiration of the deadline in which the defect must be pointed out, the compensation will not be provided.

The Seller does not provide a blanket guarantee for quality for all goods. If the Seller provides a guarantee for quality for specific goods beyond their legal obligations, its application is governed by this complaint procedure, unless the confirmation of the Seller's obligations from the guarantee (warranty card) or the contract states otherwise.

The Seller allows all Buyers to withdraw from the purchase contract without giving reasons and to request a refund of the purchase price or an exchange of goods for others, within the legally stipulated period of 14 days from the verifiable receipt of the goods. The right to withdraw under this article is, however, unconditionally conditioned on the return of the goods in the condition in which it was received by the Buyer, that is, unused, unsoiled, undamaged, and in the original packaging with all tags, along with a notification stating the order number, in the case of requesting an exchange, the designation of the goods for which the Buyer wants to exchange the non-conforming goods, and in the case of a request for a refund, the account number for the return of money or any overpayment.

Goods can be returned to the Seller by arrangement at their establishment, or sent to the address: W trailers s.r.o., Dvořákova 2190/37, 301 00 Plzeň. The costs of returning the goods are borne by the Buyer.

These terms and conditions and complaint procedure are valid and effective from May 11, 2023, for sales through the online store located at the internet address www.wtrailers.cz.