» Business conditions
Terms and Conditions of Business

INTRODUCTORY PROVISIONS
These Terms and Conditions of Business (hereinafter referred to as the „Terms and Conditions of Business“) of Historic cars, s.r.o, with its registered office at Rýnská 950/11, Prague 196 00, ID No.: 28320611, CZ28320611, registered in the Commercial Register kept at the Municipal Court in Prague, Section C, File No. 244425.
  1. (hereinafter referred to as the „Seller“), govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the Parties to the Agreement arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) entered into by and between the Seller and another natural person or legal entity (hereinafter referred to as the “Purchaser”) via the Seller’s Internet shop. The Internet shop is operated by the Seller on the website at www.historic-cars.net (hereinafter referred to as the “E-Shop”), using the web interface (hereinafter referred to as the “E-Shop Web Interface”).
The provisions of the Terms and Conditions of Business are an integral part of the Purchase Agreement. The wording of the Terms and Conditions of Business may be changed or amended by the Seller.

USER ACCOUNT
  1. Based on the Purchaser’s registration made on the website, the Purchaser may access its user interface. The Purchaser may order goods using its user interface (hereinafter referred to as the “User Account”). The Purchaser may also order goods without registration directly from the E-Shop Web Interface.
  2. When registering on the webpage and ordering goods, the Purchaser shall be obliged to state all data correctly and truthfully. The Purchaser shall be obliged to update the data stated in the User Account in the event of any change. The data stated by the Purchaser in the User Account and when ordering goods shall be deemed correct by the Seller.

ENTERING INTO A PURCHASE AGREEMENT
  1. The E-Shop Web Interface contains a list of goods offered for sale by the Seller, including the prices of the individual goods offered. The offered sale of goods and the prices of such goods shall remain valid for as long as they are displayed on the E-Shop Web Interface. This provision shall not limit the Seller’s possibility to enter into a Purchase Agreement under individually agreed conditions.
  2. The E-Shop Web Interface also includes information on the costs for the packaging and delivery of the goods. The information on the costs for the packaging and delivery of the goods listed on the E-Shop Web Interface can be found in the main menu on the E-Shop homepage, or they are individually calculated and sent in the order.
  3. To order goods, the Purchaser shall complete the order form on the E-Shop Web Interface.
  4. The order form contains, in particular, information on: .the goods ordered (the ordered goods “added” by the Purchaser to the electronic shopping cart on the E-Shop Web Interface), .the method of payment of the purchase price of the goods, as well as details of the required means of delivery of the ordered goods, .information on the costs for the delivery of the goods (hereinafter collectively referred to as the “Order”).
Depending on the characteristics of the Order (quantity of goods, purchase price amount, estimated transport costs), the Seller shall always be entitled to ask the Purchaser for additional confirmation of the Order (for example, in writing or by telephone).

The contractual relationship between the Seller and the Purchaser arises upon delivery of the Order receipt confirmation (upon acceptance), which is sent by the Seller to the Purchaser via email, namely to the Purchaser’s email address.

The Purchaser acknowledges that the Seller is not obliged to enter into a Purchase Agreement, especially with persons who have previously substantially violated their obligations in relation to the Seller.

PRICE OF GOODS AND PAYMENT TERMS
  1. The Seller is a VAT payer. The prices are quoted inclusive of VAT.

    VAT Act, Chapter III, Section 9 (1) (a)
  2. In the event of a change in any price in the virtual shop for various reasons, the price may be changed subject to the Purchaser’s approval.
  3. The price of the goods and costs, if any, for the delivery of the goods (the transport price being calculated individually based on the Seller’s conditions) pursuant to the Purchase Agreement may be paid by the Purchaser to the Seller as follows:
    • by cashless transfer to the Seller’s account No. IBAN: CZ9520600000000001005049, BIC: CITFCZPPXXX, held at Citfin, spořitelní družstvo, Radlická 751/113E, 158 00 Prague 5 (hereinafter referred to as the “Seller’s Account”);
    • by cashless payment via the PayPal payment system ;

    • PayPal payment contact info@historic-cars.cz
  4. In addition to the purchase price, the Purchaser shall be obliged to pay the Seller the costs for the packaging and delivery of the goods at the agreed amount, as well as the amount of the foreign transfer fees. Except as expressly provided otherwise, the purchase price below also means the costs for the delivery and payment of the goods.
  5. In the case of cashless payment, the Purchaser’s obligation to pay the purchase price, including all costs, shall be met at the moment when the relevant amount is credited to the Seller’s Account.
  6. After the price of the goods has been paid, the tax document (invoice) shall be issued by the Seller for the Purchaser and sent in electronic form to the Purchaser’s email address.

WITHDRAWAL FROM THE PURCHASE AGREEMENT
  1. The Purchaser acknowledges that, pursuant to the provisions of Section 53 (8) of Act No. 40/1964 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”), it is not possible, inter alia, to withdraw from a Purchase Agreement for the delivery of goods modified according to the Purchaser’s wish, or for goods subject to rapid decay, wear and tear or obsolescence.
  2. Unless it is a case referred to in Article 5.1 or another case where the Purchase Agreement may not be withdrawn from, the Purchaser has the right to withdraw from the Purchase Agreement, in accordance with the provisions of Section 53 (7) of the Civil Code, within 14 days from takeover of goods. The notice of withdrawal from the Purchase Agreement must be delivered to the Seller within 14 days from takeover of the goods. The notice of withdrawal from the Purchase Agreement may be sent by the Purchaser, inter alia, to the Seller’s address or to the Seller’s email address info@historic-cars.net.
  3. In the event of withdrawal from the agreement pursuant to Article 5.2 hereof, the Purchase Agreement shall be rescinded from its commencement. The goods must be returned to the Seller within 14 working days from the date on which the notice of withdrawal from the agreement was sent to the Seller. The goods must be returned to the Seller undamaged and unused and, if possible, in the original packaging.
  4. Within a period of fifteen (15) days from the date on which the goods are returned by the Purchaser in accordance with Article 5.3 hereof, the Seller shall be entitled to review the returned goods, in particular to determine whether the returned goods are damaged, worn out or partially consumed.
  5. In the event of withdrawal from the agreement pursuant to Article 5.2 hereof, the Seller shall return the performance provided by the Purchaser to the Purchaser within ten (10) days from the end of the period for review of the goods pursuant to Article 5.4 hereof, but no later than thirty (30) days from the delivery of the notice of withdrawal from the Purchase Agreement to the Purchaser, by cashless transfer to the account specified by the Purchaser. In addition, the Seller shall be entitled to return the performance provided by the Purchaser upon return of the goods by the Purchaser.
  6. The Purchaser acknowledges that if the goods he/she has returned are damaged, worn out or partially consumed, the Seller shall become entitled to claim damages incurred by the Seller from the Purchaser. The Seller shall be entitled to unilaterally offset a claim to damages incurred against the Purchaser’s claim to a refund of the purchase price.
  7. The Seller shall be entitled to withdraw from the Purchase Agreement at any time until the goods have been taken over by the Purchaser. In such a case, the Seller shall return the purchase price to the Purchaser without undue delay, by cashless transfer to the account specified by the Purchaser.

TRANSPORT AND DELIVERY OF GOODS
  1. If the mode of transport is agreed based on the Purchaser’s special request, the Purchaser shall bear the risk and additional costs, if any, associated with such a mode of transport.
  2. If, pursuant to the Purchase Agreement, the Seller is obliged to deliver the goods to the place specified by the Purchaser in the Order, the Purchaser shall be obliged to take over the goods upon delivery.
  3. If, for reasons on the part of the Purchaser, it is necessary to deliver the goods repeatedly or using a mode other than that stated in the Order, the Purchaser shall be obliged to pay the costs for such repeated delivery of the goods or, as the case may be, costs for another mode of delivery.
  4. Upon takeover of the goods from the carrier, the Purchaser shall be obliged to check that the packaging of the goods is intact and, in the event of any defects, to notify the carrier without undue delay. In the event of damage to the packaging indicating unauthorised opening of the consignment, the Purchaser shall not be obliged to take over the consignment from the carrier. By signing the takeover certificate, the Purchaser confirms that the packaging of the consignment containing the goods was intact.
  5. If the Purchaser of the goods has taken over a consignment that has been visibly damaged, the Purchaser SHALL BE OBLIGED TO DRAW UP a “damage report” with the carrier.

LIABILITY FOR DEFECTS, WARRANTY
  1. The rights and obligations of the Parties to the Agreement regarding the Seller’s liability for defects, including the Seller’s warranty liability, shall be governed by the relevant generally binding regulations (in particular by the provisions of Section 612 et seq. of the Civil Code).
  2. The Seller shall be liable to the Purchaser for the fact that the item sold complies with the Purchase Agreement, in particular that it is free of defects.
  3. In the event that an item fails to comply with the Purchase Agreement upon takeover by the Purchaser (hereinafter referred to as “Conflict with the Purchase Agreement”), the Purchaser has the right to require the Seller to rectify the item free of charge and without undue delay to correspond to the Purchase Agreement, either by replacing or repairing the item, as required by the Purchaser; if such a procedure is not possible, the Purchaser may require a reasonable discount on the price of the item or withdraw from the agreement. This shall not apply if the Purchaser knew about the Conflict with the Purchase Agreement prior to taking over the item or if the Purchaser caused the Conflict with the Purchase Agreement. Any Conflict with the Purchase Agreement that occurs within six (6) months from the date of takeover of the item shall be deemed to be a conflict existing at the moment of its takeover unless it contradicts the nature of the item or unless the opposite is proved. The Purchaser shall be entitled to claim the right arising from the defect that occurs in consumer goods within twenty-four months from the takeover.
  4. The Purchaser’s rights arising from the Seller’s liability for defects, including the Seller’s warranty liability, shall be exercised by the Purchaser at the address of the establishment upon agreement with the Seller. The moment when the Seller received the goods complained about from the Purchaser shall be deemed to be the moment when the complaint is made.

REPLACEMENT OF GOODS
  1. Replacement of goods (for another size, colour, etc.) shall only be possible for unused goods that are packed in the original wrap upon agreement with the Seller. In the event of parcel shipment of the goods, the Purchaser shall pay the shipping costs.

OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES TO THE AGREEMENT
  1. The Purchaser shall come into possession of the goods upon payment of the full purchase price of the goods.
  2. The Seller shall not be bound by any codes of conduct in relation to the Purchaser within the meaning of Section 53a (1) of the Civil Code.
  3. The Purchaser acknowledges that the Seller is not liable for any errors resulting from third-party actions affecting the website or any use of the website contrary to its purpose.

PROTECTING PERSONAL DATA AND SENDING COMMERCIAL COMMUNICATIONS
  1. Protection of the personal data of the Purchaser who is a natural person shall be provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
  2. The Purchaser agrees to the processing of the Purchaser’s following personal data: name and surname, address, email address and telephone number (hereinafter collectively referred to as “Personal Data”).
  3. The Purchaser agrees to the processing of personal data by the Seller, namely for the purposes of exercising the rights and obligations under the Purchase Agreement, for the purposes of maintaining the User Account, and for the purposes of sending information and commercial communications to the Purchaser.
  4. The Purchaser acknowledges that he/she is obliged to state his/her personal data (when registering, in his/her User Account, when ordering from the E-Shop Web Interface) correctly and truthfully, and that he/she is obliged to inform the Seller of any change in his/her personal data without undue delay.
  5. Personal data shall be processed for an indefinite period of time. Personal data shall be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
  6. The Purchaser confirms that the personal data provided is accurate and that he/she has been advised that the provision of personal data is voluntary.

FINAL PROVISIONS
  1. If a relationship established by the Purchase Agreement contains an international (foreign) element, the Parties to the Agreement agree that the relationship is governed by Czech law.
  2. By choosing law under this article of the Terms and Conditions of Business, the consumer is not deprived of the protection provided by the provisions of the legal system which may not be departed from in contracts and which would otherwise be used in the absence of choice of law, in accordance with the provisions of Article 6 (1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
  3. If any provision of the Terms and Conditions of Business is or becomes invalid or ineffective, such an invalid provision shall be replaced by a provision the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
  4. The Purchase Agreement, including the Terms and Conditions of Business, shall be archived by the Seller in electronic form.
  5. Annexed to the Terms and Conditions of Business is a form template for withdrawal from the Purchase Agreement.
  6. Seller’s contact details: Historic cars, Mořice 183, 798 28 Mořice (delivery address), info@historic-cars.cz, +420 774 751 375.

In Prague on 27 November 2018

Annex to the Terms and Conditions of Business: a form template for withdrawal from the agreement (please fill in this form and send it back only if you wish to withdraw from the agreement)

Notice of withdrawal from the agreement

- Addressee (enter your name and surname / business name, registered office address and, as the case may be, fax number and email address of the entrepreneur)

- I/We (*) hereby declare that I/we (*) hereby withdraw from the agreement to purchase these goods (*) / for the provision of these services (*)

- Date of order (*) / date of receipt (*)


- Consumer’s/Consumers’ name and surname

- Consumer’s/Consumers’ address

- Consumer’s/Consumers’ signature (only if this form is sent in paper form)

- Date

(*) Delete as appropriate or complete data.









Protection of personal data of www.historic-cars.net e-shop
  1. Historic cars, s.r.o. company, based on Rýnská 950/11, Čakovice, 196 00 Praha 9, Reg. No. 28320611registered at the Municipal Court of Prague, section C, insert 244425 (hereinafter "the seller" or "the trustee") processing within the meaning of Regulation of the European Parliament and of the Council (EU) no. 2016/679 on the protection of individuals persons with regard to the processing of personal data and on the free movement of such data and directive annulment 95/46/ES (General Regulation on the Protection of Personal Data) (hereinafter referred to as "the Regulation"), the following personal data:

    • name, surname
    • e-mail address
    • phone number
    • address/head office

  2. The above personal details must be processed for order handling and other performance from the contract if there is a purchase agreement between you and the seller. Such processing of personal data enables § 6 (1) b) Regulation-processing is necessary to fulfill the contract.

    The Seller also processes these for the purpose of recording the contract and any future application and defense of the rights and obligations of the parties. The storage and processing of personal data is for the above purpose for a period of 10 years from the implementation of the last part of the performance under the contract, unless otherwise required by the law for the maintenance of the contractual documentation for a longer period. Such processing is possible on the basis of Article 6 (1) c) and f) Regulation-the processing is necessary to fulfill the legal obligation and for the purposes of the authorized interests of the trustee.

  3. E-mail address or phone number may be sent to the buyer nes and other novinky a jiná business messages, this procedure allows Article 7 (3) of Act No. 480/2004 Coll., on information society services, if the buyer does not refuse it. These messages can be unsubscribed at any time by any means-such as sending an email or clicking on a link in the business message.

  4. The processing of personal data is carried out by Historic cars, s.r.o. company, therefore your personal data manager. Personal data for this manager is also processed by processors:

    • Provider of the Eshop-fast service provided by Bohemiasoft s.r.o., based on Rudolfovská tř. 247/85, 370 01, České Budějovice
    • Transport service provider, provided by General Logistics Systems Czech Republic s.r.o., based on Průmyslová 5619/1, 586 01 Jihlava
    • Transport service provider, provided by Česká pošta, s.p., based on Politických vězňů 909/4, 225 99 Praha 1
    • Transport service provider, provided by DHL Express (Czech Republic) s.r.o., based on Nádražní 2967/93, Moravská Ostrava, 702 00 Ostrava

    Personal data will not be transferred to third countries outside the EU.

  5. The adminstrator does not have a person so called verifier. Administrator can be contacted at the info@historic-cars.net address.

  6. Personal Information Manager, as the operator of the www.historic-cars.cz website, uses on this website cookies that are used to:

    • tracking website traffic and creating visitor statistics and visitor behavior on websites and the basic functionality of the website
    • The collection of cookies for the purpose above may be considered as processing of personal data. Such processing is possible on the legitimate ground of legitimate interest of the controller, and Article 6 (1) (a) f) Regulation.
    • You can also use the website in a mode that does not allow you to collect data about the behavior of site visitors – this mode can either be set within the browser settings or it is possible to oppose such collection on the basis of a legitimate interest according the Article 21 Regulation available at the bottom of the website. Your objection will be evaluated without delay. The cookies necessary for the functionality of the site will only be retained for the time necessary for the operation of the site.
    • If a visitor raises an objection to the processing of the technical cookies necessary for the functioning of the website, in such a case, the full functionality and compatibility of the website can not be guaranteed.
    • Cookies that are collected to measure site traffic and generate visitor statistics and visitor behavior on the web are considered in a bulk and anonymous form that does not allow individual identification.
    • Collected cookies are processed by other processors: Google Analytics provider, provided by Google Inc., based 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA

  7. Please note that under the Regulation you have the right:

    • cancel at any time the sending of business communications,
    • to object to processing on the basis of the legitimate interest of the controller,
    • ask us for information about the processing of your personal data,
    • request us access to these data and let them update or correct, or request processing restrictions,
    • require us to erase this personal data, we will delete the deletion unless this is inconsistent with the applicable legal regulations or the legitimate interests of the controller,
    • to the portability of data when it comes to automated processing on the basis of consent or performance of the contract,
    • request a copy of the processed personal data,
    • for effective judicial protection if you believe that your rights under the Regulation have been infringed as a result of the processing of your personal data in violation of this Regulation,
    • submit a complaint with the Office for Personal Data Protection.

Consent to the processing of personal data for the purpose of registering a user account
  1. You grant this consent to Historic cars, s.r.o., based on Rýnská 950/11, Čakovice, 196 00 Praha 9, Reg. No. 28320611, 28320611registered at the Municipal Court of Prague, section C, insert 244425 (hereinafter referred to as the "Administrator"), within the meaning of Regulation (EU) No.2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing the Directive. 95/46/ES (General Regulation on the Protection of Personal Data) (hereafter referred to as "the Regulation"), has processed the following personal data:

    • name and surname
    • e-mail address
    • phone number
    • billing address
    • delivery address
    • order history

  2. The above personal data will be processed to:
    a. creating and administering a user account
    b. offering a more comfortable shopping experiencenabídnutí

  3. You grant the consent for processing for 5 years to:
    a. setting up and administering a user account, unless you are prolonging this time. Extensions are made by actively using a user account, that is, each time you log in to a user account.
    b. offering a more comfortable shopping experience

  4. The processing of personal data is carried out by the Personal Data Administrator, but personal data may also be processed by these processors:

    • Provider of the Eshop-fast service provided by Bohemiasoft s.r.o., based on Rudolfovská tř. 247/85, 370 01, České Budějovice
    • Optionally, other providers of processing software, services, and applications that are not currently used by the company.

  5. Personal data will not be transferred to third countries outside the EU.

  6. Agreeing with the processing may be withdrawn at any time by sending a letter or e-mail requesting removal.

  7. Please note that under the Regulation you have the right:

    • to accept the processing of personal data at any time, this withdrawal will result in the deletion of the user registration from the database, including the associated personal data
    • ask the Administrator for information about what your personal data is processing
    • ask the Administrator to access your processed personal data and request a copy thereof
    • for automated processed personal data on their portability
    • allow your processed personal data to be updated or corrected, or to require processing restrictions
    • requier the company to erase your personal data if it is not personal data which the Administrator is obliged or is authorized to process further in accordance with the relevant legal regulations
    • effective legal protection if you believe that your rights under the Regulation have been breached as a result of the processing of your personal data in violation of this Regulation
    • in case of doubt about compliance with personal data processing, contact the Administrator or the Office for Personal Data Protection

Consent to the processing of personal data for the purpose of the distribution of e-mail business communications
  1. 1. You grant this permission to Historic cars, s.r.o., based on Rýnská 950/11, Čakovice, 196 00 Praha 9, Reg. No. 28320611, registred at the Municipal Court of Prague, section C, insert 244425 (hereinafter referred to as the "Administrator"), within the meaning of Regulation (EU) No. 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing the Directive. 95/46/ES (General Regulation on the Protection of Personal Data) (hereafter referred to as "the Regulation"), has processed the following personal data:

    • e-mail address

  2. The above personal data will be processed to:
    - inclusion in a database for sending online business messages.

  3. You grant your consent for processing for 3 years to:
    - Sending business messages if you do not prolong this time

  4. The processing of personal data is carried out by the Personal Data Administrator, but personal data may also be processed by these processors:

    • Provider of the Eshop-fast service provided by Bohemiasoft s.r.o., based on Rudolfovská tř. 247/85, 370 01, České Budějovice
    • Optionally, other providers of processing software, services, and applications that are not currently used by the company.

  5. Personal data will not be transferred to third countries outside the EU.

  6. Agreeing with the processing may be withdrawn at any time by sending a letter or e-mail requesting removal.

  7. Please note that under the Regulation you have the right:

    • to accept the processing of your personal data at any time, this withdrawal will result in the termination of the mailing of the e-mail business communications, on his / her own request, the physical removal of personal data from the e-mail database
    • ask the Administrator for information about your personal data
    • ask the Administrator to access your processed personal data and request copies of it
    • for automated processed personal data on their portability
    • allow your processed personal data to be updated or corrected, or to require processing restrictions
    • require the company to erase your personal data if it is not personal data which the Administrator is obliged or is authorized to process further in accordance with the relevant legal regulations
    • effective legal protection if you believe that your rights under the Regulation have been breached as a result of processing your personal data in violation of this Regulation or authorized to process it further in accordance with applicable laws
    • in case of doubt about compliance with personal data processing, contact the Administrator or the Office for Personal Data Protection
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