Terms of service
Effective from: {{ last_updated }} | Version 2.0 | Governing language version: Czech
General Terms and Conditions
of the company CARS & CAR PARTS EXPORT IMPORT s.r.o.
with its registered office at Běhounkova 2309/17, 158 00 Praha 5, Czech Republic
IČO: 17699525, DIČ: CZ17699525
registered in the Commercial Register kept by the Municipal Court in Prague, file No. C 375183
business premises and address for the return of goods and complaints: Vzdušná 564/8, 142 00 Praha 4
e-mail: info@parts4cars.cz, telephone: +420 602 604 988
(hereinafter the „Seller“)
for the sale of goods via the online store at www.parts4cars.cz (hereinafter the „e-shop“).
1. Introductory Provisions
1.1. These General Terms and Conditions (hereinafter the „GTC“) govern, in accordance with § 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the „Civil Code“), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract concluded between the Seller and the Buyer via the e-shop.
1.2. The provisions of the GTC form an integral part of the purchase contract. Provisions deviating from the GTC may be agreed in the purchase contract; such deviating provisions in the purchase contract shall prevail over the provisions of these GTC.
1.3. The Seller may amend or supplement the wording of the GTC. This provision shall not affect the rights and obligations that arose during the effective period of the previous wording of the GTC. For a specific order, the wording of the GTC effective on the day the order is dispatched shall be decisive.
1.4. The product range comprises both new and used original (OEM) spare parts for motor vehicles, imported in particular from the European Union. A substantial part of the goods is used and is sold in the condition captured in the photographs and in the description of the specific product (see Article 3).
2. Definitions of Terms
2.1. A Consumer is any natural person who enters into a contract with the Seller outside the scope of their business activity or outside the scope of the independent exercise of their profession (§ 419 of the Civil Code).
2.2. An Entrepreneur (business buyer, B2B) is a Buyer who enters into a contract within the scope of their business or independent gainful activity, in particular one who states their company identification number (IČO) or tax identification number (DIČ/VAT ID) in the order. The consumer-protection provisions set out in these GTC do not apply to contracts with an Entrepreneur.
2.3. A new part means an unused part. A used part means a part previously used, reconditioned or removed from a vehicle, whose current condition is captured in the photographs and in the product description.
2.4. A part sold „according to the photographs“ means a specific item of goods whose properties, condition and any defects are bindingly described by the photographs and the text description of the given product; these photographs and the description constitute the agreed quality pursuant to Article 3.
2.5. An OEM / original part means a part manufactured by the original equipment manufacturer or in accordance with its specification.
3. Condition of the Goods — Sale of Used Parts According to Photographs
3.1. Used parts are sold in a condition corresponding to their age and the degree of previous use. The current condition of each used part is captured in the photographs of the specific product and in its description, which form an integral part of the agreement on quality within the meaning of § 2161 of the Civil Code. The photographs are a binding description of the specific item being sold (this is a sale of a specific item, not a sale by sample or model).
3.2. Wear and tear, traces of fitting, minor optical defects and age corresponding to previous use, which are apparent from the photographs or from the product description, do not constitute a defect and do not give rise to any rights from defective performance.
3.3. The Buyer acknowledges and expressly accepts the condition of the goods captured in the photographs and in the description before dispatching the order. In the case of used goods, the Buyer grants this consent separately (by ticking a separate, pre-unchecked box during ordering).
3.4. The provisions of this Article do not affect the Consumer's statutory rights from defects that do not correspond to the described condition, in particular hidden defects or defects not stated in the description (see the Complaints Procedure).
3.5. Before purchase, the Seller recommends verifying the compatibility of the part with the specific vehicle on the basis of the part number (OEM) and the vehicle identification number (VIN). The Seller is not liable for an incorrect selection of the part by the Buyer.
4. User Account, Order, Language and Currency
4.1. The Buyer may order goods either after registering a user account or without registration directly from the web interface of the e-shop. The Buyer is obliged to state the data provided correctly and truthfully and to update them in the event of any change.
4.2. The web interface of the e-shop contains information about the goods, including the prices of individual goods. The prices of the goods are stated inclusive of value added tax (VAT) and all related charges, with the exception of delivery costs and any import charges pursuant to Article 13. The prices remain valid for the period during which they are displayed in the e-shop. The presentation of the goods is of an informative nature and does not constitute an offer within the meaning of § 1732(2) of the Civil Code.
4.3. Prices are displayed primarily in EUR, and for guidance in CZK and USD. The currency stated in the order confirmation is decisive for the given transaction. The contract may be concluded in the Czech, German or English language.
5. Business Purchases (B2B) — Mandatory Details and Different Regime
5.1. A Buyer who purchases within the scope of their business or independent gainful activity is obliged to state in the order their business name / company name, registered office and IČO, and where applicable DIČ / VAT ID. Without stating an IČO, the order cannot be accepted as an order from an Entrepreneur.
5.2. By stating these details, the Buyer declares that they are acting as an Entrepreneur and that the contract is not a consumer contract. Such a contract is not subject to the right to withdraw from the contract within 14 days without giving a reason (§ 1829 of the Civil Code does not apply) nor to the special provisions on the sale of goods to a consumer (§ 2158 et seq. of the Civil Code).
5.3. The rights of a business Buyer from defective performance are governed by § 2099 et seq. of the Civil Code. The business Buyer is obliged to inspect the goods as soon as possible after taking delivery of them and to notify the Seller of any apparent defects without undue delay, no later than within 3 working days of taking delivery. The period for notifying defects is 6 months from taking delivery of the goods. [TO BE COMPLETED/CONFIRMED by the owner: the length of the period for notifying defects in B2B and the period for the Mängelrüge.]
5.4. In sales between Entrepreneurs, used goods are sold „as is“ (as they stand and lie), i.e. in the condition captured in the photographs and in the description; the Seller is not liable for defects corresponding to that condition. Compensation for damage is limited to the amount of the purchase price of the goods; this does not apply to damage caused intentionally or through gross negligence (§ 2898 of the Civil Code).
5.5. The Seller is entitled to verify the validity of the Buyer's IČO/DIČ (including in the VIES system).
6. Price of the Goods and Payment Terms
6.1. The Buyer may pay the Seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract by the methods offered in the e-shop (in particular by payment card via a payment gateway, or by other methods offered).
6.2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also be understood to include the costs associated with the delivery of the goods.
6.3. In the case of cashless payment, the purchase price is due in accordance with the instructions in the order confirmation. The Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.
6.4. The Seller shall issue the Buyer a tax document — an invoice — after payment of the price of the goods and shall send it in electronic form to the Buyer's electronic address.
7. Conclusion of the Purchase Contract
7.1. To order goods, the Buyer completes the order form in the e-shop. Before submitting the order, the Buyer is enabled to check and amend the data and to correct errors. The Buyer submits the order by clicking the button labelled „Order with obligation to pay“ (§ 1826a of the Civil Code). The data stated in the order are regarded by the Seller as correct.
7.2. The contractual relationship between the Seller and the Buyer arises upon delivery of acceptance of the order (acceptance), which is sent by the Seller to the Buyer's electronic address.
7.3. The Buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using means of distance communication are borne by the Buyer, and these costs do not differ from the basic rate.
7.4. The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, anticipated delivery costs), to request additional confirmation of the order from the Buyer.
8. Delivery Terms
8.1. The methods, prices, delivery periods and transport conditions are governed by a separate document, Shipping, which forms an integral part of these GTC.
8.2. The risk of damage to the goods passes to the Buyer at the moment the goods are handed over to the first carrier; however, in the case of a sale to a consumer, only at the moment the consumer takes delivery of the goods (§ 2123 and § 2158(2) of the Civil Code).
9. Rights from Defective Performance (Complaints)
9.1. The rights and obligations of the contracting parties from defective performance are governed by the relevant generally binding legislation (in particular § 1914 to 1925, § 2099 to 2117 and § 2158 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection) and are regulated in detail by a separate Complaints Procedure and Conditions for the Return of Goods, which forms an integral part of these GTC.
9.2. A Consumer may notify a defect in the goods within a period of 24 months from taking delivery. For used goods, this period is, in accordance with § 2168 of the Civil Code, agreed to be 12 months from taking delivery; the shortened period is indicated in the proof of purchase and is approved by the Buyer at the time of ordering.
9.3. The Buyer asserts a complaint at the address of the business premises: Vzdušná 564/8, 142 00 Praha 4, or by e-mail at support@parts4cars.cz.
10. Withdrawal from the Contract
10.1. In accordance with § 1829 of the Civil Code, a Consumer has the right to withdraw from a contract concluded by distance means within a period of 14 days from taking delivery of the goods, without giving a reason. The details (procedure, periods, model form, address for return, liability for the diminished value of the goods pursuant to § 1833) are governed by the Complaints Procedure and Conditions for the Return of Goods.
10.2. The right to withdraw from the contract within the 14-day period without giving a reason does not arise for a business Buyer (B2B) and further does not arise in the cases set out in § 1837 of the Civil Code, in particular for goods adjusted or made according to the Buyer's wishes or for their person (e.g. parts programmed/coded for a specific VIN).
11. Reviews and Ratings
11.1. Where the Seller publishes reviews of goods, it ensures their authenticity by publishing only reviews originating from consumers who have actually purchased or used the goods or service; these are verified by means of a link between the review and a completed order. The Seller does not publish fictitious reviews or reviews for payment (§ 1817 of the Civil Code, the Consumer Protection Act).
12. Out-of-Court Settlement of Disputes
12.1. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Praha 2, IČO 00020869, website www.coi.gov.cz (form and procedure at adr.coi.gov.cz), is competent for the out-of-court settlement of consumer disputes arising from the purchase contract.
12.2. In the case of a cross-border consumer dispute, the Consumer may turn to the European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, website www.evropskyspotrebitel.cz, which is part of the network of European Consumer Centres (ECC-Net) and provides consumers with assistance in resolving cross-border disputes.
12.3. The Seller is authorised to sell goods on the basis of a trade licence. Trade-licensing supervision is carried out, within its competence, by the relevant trade-licensing authority. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection.
13. International Orders, Customs and Taxes, Sanctions
13.1. The Seller delivers goods both to and outside the countries of the European Union. Unless otherwise agreed, delivery is governed by the delivery clause DAP (Delivered At Place) under Incoterms® 2020.
13.2. For consignments directed outside the customs territory of the European Union, the Buyer acts as the importer of record and bears all import duties, import VAT/GST, excise duties and customs or handling charges assessed in the country of destination. These amounts are not part of the purchase price or of the delivery price. If the Buyer refuses to pay the import charges or to take delivery of the consignment and the consignment is returned or destroyed, the Seller is entitled to set off against the price to be refunded the costs actually incurred for transport, return, storage and customs duty. For consumers within the EU, the price is displayed inclusive of VAT and no import duty applies.
13.3. Sanctions and export restrictions. The Seller delivers goods in accordance with the export and sanctions regulations of the EU and the Czech Republic, in particular Regulation (EU) No 833/2014 and Regulation (EU) 2021/821 (dual-use items). The Seller does not deliver goods to countries and persons subject to sanctions of the EU, the UN or other relevant regimes (including the Russian Federation, Belarus). The Seller is entitled at any time to refuse, cancel or suspend an order where there is reasonable suspicion of a breach of sanctions regulations. The Buyer undertakes not to resell, export or transfer the goods further to the Russian Federation, Belarus or any other sanctioned destination (the „no re-export to Russia“ clause under Article 12g of Regulation 833/2014). A breach of this undertaking constitutes a material breach of the contract.
14. Protection of Personal Data
14.1. The Seller fulfils its information obligation towards the Buyer within the meaning of Regulation (EU) 2016/679 (GDPR) by means of a separate document, Privacy Policy.
14.2. For the purposes of the delivery of goods and customs clearance, personal data may be transferred to carriers and customs representatives, including outside the EU/EEA, always while ensuring appropriate safeguards pursuant to Chapter V of the GDPR. The controller of personal data is CARS & CAR PARTS EXPORT IMPORT s.r.o., IČO 17699525.
15. Governing Law, Jurisdiction and Final Provisions
15.1. Contracts with consumers are governed by the law of the Czech Republic, in particular the Civil Code and the Consumer Protection Act, and by the law of the European Union. By the choice of Czech law, the consumer is not deprived of the protection afforded to them by the mandatory provisions of the law of the State of their habitual residence (Article 6 of the Rome I Regulation). A consumer may be sued only before the courts of the State of their domicile; a consumer may also assert their rights before the courts of the Czech Republic (the Brussels I bis Regulation).
15.2. Contracts with a business Buyer (B2B) are governed exclusively by the law of the Czech Republic, with the exclusion of conflict-of-law rules and with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The courts of the Czech Republic, with local jurisdiction according to the Seller's registered office, have exclusive jurisdiction to decide all disputes (prorogation under Article 25 of the Brussels I bis Regulation).
15.3. If any provision of the GTC is or becomes invalid or ineffective, the invalid provisions shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.
15.4. In the event of a conflict between the language versions of these GTC, the Czech version shall prevail; this does not apply to the extent that the consumer would thereby be deprived of the protection of the mandatory provisions of the State of their domicile — as regards the consumer, the version and interpretation more favourable to them shall prevail.
15.5. Contact details of the Seller — address for service: Vzdušná 564/8, 142 00 Praha 4; e-mail: info@parts4cars.cz; telephone: +420 602 604 988.
15.6. These GTC take effect on {{ last_updated }}.