Terms and Conditions
Carplastix Refinishing s.r.o., Poličany 59, 284 01 Kutná Hora, E-mail:
info@carplastix.com , Company
ID: 09257004,
ID: CZ09257004, Account
number:
123-2162700287/0100
the
Contractor,
as
the
first party, issues these Terms and Conditions for the purpose of
operating an e-shop located on the Website:
www.carplastix.com/cz/Preamble*
These Terms and Conditions govern all inquiries, orders and contracts
created and concluded in the course of the performance
of the Subject of the Contractor's Activities, which were created or
originated from the Contractor's website on the Customer’s behalf.
*
For the purposes of these Terms and Conditions, the Customer means a
natural or legal person who has created an
inquiry
through the Contractor's website and subsequently confirmed the
processed Contractor's Order. A contract for work between the
Contractor and the Customer is concluded upon confirmation.
*
Consumer is a customer who does not demand the Contractor to fulfil
the Subject of Activities in his business activities.
I.
Subject of ActivityThe
subject of the Contractor's activity is the renovation of accessories
and components of passenger cars of brands and types as specified by
the contractor's offer ("work"). The offer is placed on the
contractor's website.
For
the purposes of the Contractor’s activities, the renovation means:
a)
for
plastic and metal parts
– removing all layers of the original coating to bare plastic/metal
and applying all the necessary new surface coatings according to the
specifications and prerequisites of the particular part. For parts
containing graphic symbols, letters, and numbers, these symbols are
to be applied to the new part surface using laser technology while
maintaining the same appearance as the original symbols. For
illuminated parts, the colour and intensity of the backlight are
to be maintained to match the original new part.
-
If the graphic design of the original part consists of a problematic
foil, this foil is to be removed and the graphic design of the part
is to be applied directly to the part.
In
case of plastic parts renovation, the Contractor warns the Customer
in advance of any potential change in hardness of the surface finish
of the parts (they are always harder to the touch), however, the
shade of colour and the gloss/mat
level should always exactly match the appearance of the new original
part, unless the customer explicitly asks for different appearance
(different shade of colour) from the original. The Contractor warns
strongly that his subject of activity does not include making a true
copy of any new original part. In order to significantly prolong the
lifetime of the surface finish of the renovated part compared to a
new original part, some work procedures and materials used differ
from those used in primary production and the hardness of the new
surface is different.
II.
Creating an
inquiry and
concluding a contractThe
Creator operates website
www.carplastix.com/cz/objednavka/,
which is the only place where it is possible to create an inquiry for
work to be done by the Contractor for the Customer.
The
customer fills in the inquiry form by selecting the "vehicle
brand selection" and "vehicle model selection" and
then by selecting the individual parts for renovation. Clicking on
the "Order" button will add each individual part to the
inquiry.
After
selecting all the required parts for renovation (Art. I), choose the
"Continue" button. Afterwards, the Customer is obliged to
select the form of transport by selecting "one-way" or
"two-way". Each option contains an explanatory label and
cost of service. Postal charges paid by the Customer.
In
order to complete the inquiry, the Customer fills in „name“,
„surname“, „e-mail“, „phone number“, „town/city“,
„street“, „postcode“,
„company“, „company ID“ and „VAT ID“ and selects whether
or not to issue a tax document to an entrepreneur.
Before
„Sending the inquiry“, the Customer acknowledges that they have
read these Terms and Conditions and Consumer Information, that they
are able to read them online or download them from the Contractor's
website. After the inquiry is sent, these Terms and Conditions and
Consumer Information are also sent automatically to the Customer to
the specified "e-mail".
The
inquiry sent by the Customer is delivered by an automated process to
the Contractor’s mailbox no later than one hour after its sending.
The Contractor checks the Customer’s inquiry and confirms it to the
Customer’s mailbox no later than 48 hours after the expiry of the
period for the automated delivery („Inquiry confirmation“),
if
it specifies the following information at the minimum:-
list of parts for renovation ordered by the Customer, particular
prices and VAT-
in the case of transport selection, instructions on parts packaging-
specifies a delivery deadline for all parts, which shall not be
longer than 14 days from the date of Inquiry Confirmation by the
Contractor-
draws up a pro-forma invoice, specifying the total amount of
performance according to the Contract of work, variable symbol and
account number-
lays down the conditions for payment of postal charges for the
two-way delivery-
specifies the deadline for performance of work, which
will be at least 3 days from the delivery of the parts for renovation
(transport time is not included in this period).
The
Contract for work is concluded upon confirmation of the Customer’s
inquiry by the Contractor.
In
the event that the Contractor confirms the Customer's inquiry to a
different extent, it is necessary for the Customer to revalidate this
confirmation by an e-mail message stating that they agree with the
change in their Inquiry. The Contract for Work is concluded upon the
delivery of such agreement.
III.
Price of Service and Payment, Shipping, Packaging
Price
of Service – the renovation of each part is specified in the
Contractor's Offer and subsequently in the Inquiry Confirmation.
The
Customer undertakes to pay the price of the Service within the period
set by the Contractor, which shall not be shorter than 14 days, but
no longer than one year from the execution of the Work under the
Contract for Work. The Customer shall inform the Customer of the
completion of the work by e-mail to the e-mail address given by the
Customer in the Inquiry. The payment can be made by transfer to the
Contractor's bank account according to the instructions in the
Contractor's Pro-Forma Invoice or via the Payment Gateway, which the
Contractor operates on the website
www.carplastix.com/cz/brana,
filling in the payment symbols as per the Contractor’s Pro-forma
invoice. Within 14 days of payment of the entire price for the work,
the Contractor shall send the Customer a tax document on the payment
made.
Postal
charges – the costs
of postal charges are contractual and are specified in the Customer's
inquiry. In the case of two-way delivery, the Customer undertakes to
pay the postal charges according to the Contractor's instructions in
the Inquiry Confirmation.
In
the case of two-way delivery, the Customer is obliged to pack the
parts for renovation so that they are not physically damaged during
transport (bubble foil, air cushions, etc.) and mark the package to
be sent with a "fragile" sign/label/sticker.
In
the event of the Customer's default in payment
for the Work, the Contractor reserves the right to withhold the parts
sent or handed over by the Customer until the full payment for the
work is made. In case of the Customer's delay in payment for the
Contractor’s execution of the work by the Contractor for more than
1 year, the Contractor is entitled to monetize the Customer's parts,
to cover the monetization costs (maximum CZK 2,000) and the price of
the work and send any unsold parts and the remainder of the profit at
the expense of the Customer to the postal address given by the
Customer.
IV.
Damaged parts, parts not included in the Contractor’s offer
For
the purposes of these Terms and Conditions, a damaged part is
understood to be a cracked, partially broken, broken, bent, knocked
off, warped, sanded or a part that is not compact, integral or
visually identical to the standard part (missing corner, cracked or
missing attachment lugs, etc.). On the contrary, missing paint,
shine, damaged symbols or unnatural surface texture due to age and
material fatigue are not understood to be damage.
In
the event that the Customer requests renovation of a damaged part,
the Customer will specify the degree of damage of each particular
part in the "Inquiry Notes" field in the inquiry form.
In
the event that the Customer sends or passes a Damaged Component to
the Contractor without prior notice, the Contractor shall notify the
Customer of this by e-mail or verbally upon handover and will not
perform the Contract for Work until a separate Contract for work on
the Damaged part is agreed between the Customer and the Contractor.
The Customer starts from the premise that the Customer requests the
entire work to be performed
unless otherwise specified.
Any
part
not included in the Contractor’s offer is understood to be a part
for which the Contractor does not explicitly offers renovation in the
catalogue. A Contract for work on a part not included in the
Contractor’s offer can be concluded between the Contractor and the
Customer and afterwards proceeded in a similar manner as per Art. II
et seq. herein.
IV.
Withdrawal from the Contract, Complaints procedureBy
sending an Inquiry, the Customer explicitly requests that the
Contractor perform the work without undue delay after receiving the
sent or submitted parts from the Customer for renovation.
The
Contractor hereby
notifies the Customer as a consumer that he may not withdraw from the
Contract for Work, as it is the performance of service under the
Contract for Work (modification or repair of an object) upon the
Consumer's request.
Consumer
Information according to § 1811 par. 2 and § 1820 par. 1 according
to Act No. 89/2012 Coll. is delivered to the Customer together with
these terms and conditions by e-mail after sending an inquiry to the
Customer's specified e-mail.
V.
Other provisionsThe
Contractor is entitled to delegate the performance of the work or
part thereof to a third party.
The
Contractor’s Business terms and conditions are valid and effective
provided the Customer had chance to get familiar with them before
sending the Inquiry.
These
Terms and Conditions become valid and effective on 01/11/2018.
In Uhlířské
Janovice, 01/11/2018
published
on the web www.carplastix.com/cz on 01/11/2018
01
Consumer Information on Consumer Rights under Act No. 89/2012 Coll.,
Civil Code (“Civil Code”), as an Annex to the Order ContractThe
provider of the services specified in the Business Terms and
Conditions and whose offer is on the Provider's website
www.carplastix.com/cz
is Carplastix Refinishing s.r.o., Poličany 59, 284 01 Kutná Hora, E-mail:
info@carplastix.com Company
ID: 09257004VAT
ID: CZ09257004
hereinafter
referred to as „
Provider“.For
the purpose of this Information,
a
Contract for Work
means a contract under which the Provider undertakes to perform
services for the Customer (Consumer) consisting in the surface
renovation of parts and accessories of automotive plastic and metal
parts as defined in the Provider’s Terms and Conditions. This
Information is then an integral part of the Customer's Inquiry for
the conclusion of the Work Contract and shall be used exclusively
with it.For
the purpose of this Information,
a
Contract for Work means
a contract under which the Contractor undertakes to provide the
Customer (Consumer) services consisting in the surface
renovation of parts and accessories of automotive plastic and metal
parts as defined in the Provider’s Terms and Conditions. This
instruction is then an integral part of the Customer's Inquiry for
the conclusion of the Work Contract and shall be used exclusively
with itGiven
that the negotiations of the parties are aimed at concluding the
contract and that the consumer is aware of all the essential facts
about the contract and the Provider, the Provider hereby communicates
the following facts to the consumer well in advance of the conclusion
of the contract
or
before the consumer makes a binding offer under § 1811 par. 2 CD:
a)
its identity, or phone number or e-mail address or other contact
information:Carplastix Refinishing s.r.o., Poličany 59, 284 01 Kutná Hora, E-mail:
info@carplastix.com Company
ID: 09257004
b)
identification of goods or services and description of their main
characteristics,The
identification of the services corresponds to the content of the
Consumer Offer on the website www.carplastix.com/cz, which the
consumer has been acquainted with before the conclusion of the offer.
c)
the price for the goods or services, or the method of its
calculation, including all taxes and fees,The
calculation of the service price is given in the Consumer Inquiry
before it is sent to the Contractor for processing and the consumer
has been acquainted with it prior to the conclusion of the contract.
d)
payment method and method of delivery or performance,The
method of payment and the method of performance is specified in the
Consumer Inquiry before it is sent to the Contractor for processing
and the consumer is acquainted with it prior to the conclusion of the
contract.
e)
the cost of delivery and, if such costs cannot be fixed in advance,
an indication that they may be additionally charged,The
costs associated with performance in the Czech Republic are set at
CZK 200 in case of one-way shipment (Contractor> Customer) or CZK
400 in two-way shipment (Customer> Contractor> Customer). The
cost of delivery is paid by the Customer.
f)
information on rights arising out of defective
performance as well as on guarantee rights and other conditions for
the exercise of these rights,The
rights and obligations of the contracting parties regarding the
rights of defective performance are governed by the relevant
generally binding legal regulations (in particular the provisions of
Sections 1914 to 1925 of the Civil Code).
The
rights arising out of defective performance shall be exercised by the
consumer at the Provider at the address of his business or registered
office, but shall be sufficient in the form of e-mail. The moment of
claim enforcement is considered to be the moment when the provider
received the claimed service from the consumer.
g)
an indication of the duration of the commitment and conditions of
termination of the commitment,
if the contract is concluded for an indefinite period,The
Contract for Work is concluded upon acceptance of the Customer's
(Consumer's) Inquiry by the Contractor and lasts until the Work is
delivered and paid by the Customer (Consumer) and the Work
subsequently handed over to the Customer (Consumer).
Pursuant
to Section 1820 (1) of the Civil Code, the Provider instructs the
consumer about his rights and obligations associated
with the Order Contract, because it is clear from the circumstances
that the conduct of the parties is aimed at concluding the contract
and
without
the presence of the parties;
the entrepreneur also informs the consumer well in advance of the
conclusion of the contract,
or
before the consumer makes a binding offer:
a)
the cost of long-distance communication, if different from the base
rate,The
provider does not charge any fees or own costs for long-distance
communication.
b)
an indication of any obligation to pay an advance or any similar
payment if required,
The Provider charges no
advance payments.
c)
in the case of a repeated performance contract, the shortest period
for which the contract will be binding on the parties
The Provider declares
that he does not provide the consumer with a repeated performance
contract and does not conclude a contract with the consumer with
repeated service performance.
d)
in the case of a contract concluded for an indefinite period or
subject to repeated performance, an indication of the price or method
of its determination for one billing period, which is always one
month, if this price is constant,The
Provider does not enter into an indefinite contract with the
consumer.
e)
in the case of a contract concluded for an indefinite period or
subject to repeated performance, details of any taxes, charges and
costs of delivery of the goods or services as determined by letter
b),The
Provider does not enter into an indefinite contract with the
consumer. The consumer is not obliged to pay income tax or other
similar compulsory payment under legal regulations in connection with
the performance of the contract.
f)
where the right of withdrawal may be exercised, the conditions, the
time limit and the procedures for exercising this right as well as
the withdrawal form, the details of which shall be laid down in the
implementing legislation, Pursuant
to the
provisions
of § 1837 letter a), letter d), a Contract for Work may not be
withdrawn from.
g)
an indication that, in the event of withdrawal, the consumer shall
bear the costs of returning the goods and, in the case of a contract
concluded by means of long-distance communication, the costs of
returning the goods if the goods cannot be returned by their usual
postal route, Pursuant
to the
provisions
of § 1837 letter a), letter d), a Contract for Work may not be
withdrawn from.
h)
an indication of the obligation to pay an aliquot part of the price
in the event of withdrawal from the contract for the provision of
services and the performance of which has already begun, Pursuant
to the
provisions
of § 1837 letter a), letter d), a Contract for Work may not be
withdrawn from.
i)
in the case of a contract pursuant to Section 1837 (a). (l), an
indication that the consumer may not withdraw from the contract, or
under what conditions the right of withdrawal shall cease to exist;
Activities
under the provisions of § 1837 letter l) of the Civil Code are not a
subject of the Provider’s services.
j)
an indication of the existence, manner and conditions of out-of-court
settlement of consumer complaints, including whether a complaint can
be lodged at the supervisory authority or the state supervisor.
Out-of-court
settlement of consumer complaints is provided by the seller via
e-mail
info@carplastix.com
- subject: Complaint. The Provider shall send the Consumer Complaint
Information to the consumer's electronic address. The consumer may
also initiate an out-of-court settlement of a dispute before the
Czech Trade Inspection at
www.coi.cz.