Terms and conditions

These General Terms and Conditions (“Terms”) of Protranscar s.r.o., with its registered office at Vrchovinská 828/6, Praha 19300, Company ID No. (IČO) 24825930, registered in the Commercial Register under file No. C 177887/MSPH maintained by the Municipal Court in Prague, e-mail: protranscar@email.cz (“We” or the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of you as the buyer and of Us as the seller arising in connection with or on the basis of a purchase agreement (the “Agreement”) concluded via the E-shop on the website super-parts.eu.

The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the wording of the Terms. This provision does not affect rights and obligations arising during the effectiveness of the previous wording of the Terms.

As you are certainly aware, we communicate primarily remotely. Therefore, our Agreement also uses means of distance communication that allow us to reach an agreement without our simultaneous physical presence, and the Agreement is concluded in a distance manner in the E-shop environment via the website interface (“E-shop web interface”).

If any part of the Terms contradicts what we have jointly approved during the process of your purchase on our E-shop, that specific agreement shall take precedence over the Terms.

SOME DEFINITIONS

Price means the monetary amount you will pay for the Goods;
Delivery Price means the monetary amount you will pay for the delivery of the Goods, including the price of packaging;
Total Price means the sum of the Price and the Delivery Price;
VAT means value added tax under applicable laws;
Invoice means a tax document issued in accordance with the VAT Act for the Total Price;
Order means your irrevocable offer to conclude an Agreement with Us for the purchase of the Goods;
User Account means an account created based on the data you provide, enabling the storage of entered data and the history of ordered Goods and concluded Agreements;
You means the person purchasing on our E-shop, referred to by law as the buyer;
Goods means anything you can purchase on the E-shop.

GENERAL PROVISIONS AND INFORMATION

Purchasing the Goods is possible via the E-shop web interface, by phone, or in person at the store.
When purchasing the Goods, it is your obligation to provide Us with all information correctly and truthfully. We will therefore consider the information you provided to Us when ordering the Goods to be correct and true.

CONCLUSION OF THE AGREEMENT

The Agreement may be concluded with Us in Czech, Slovak, English, German or Polish.
The Agreement is concluded remotely via the E-shop, and you bear the costs of using means of distance communication. However, these costs do not differ from the basic rate you pay for using such means (in particular, for internet access); therefore, you should not expect any additional costs charged by Us beyond the Total Price. By submitting the Order, you agree that we use means of distance communication.
In order for us to conclude the Agreement, you must create an Order proposal on the E-shop. This proposal must contain the following information:

Information about the Goods being purchased (on the E-shop you mark the Goods you wish to purchase using the “Add to cart” button);
Information about the Price, the Delivery Price, the method of payment of the Total Price, and the requested method of delivery of the Goods; this information will be entered during the creation of the Order proposal within the E-shop user environment, while information about the Price, the Delivery Price and the Total Price will be stated automatically based on the Goods you selected and the method of delivery;
Your identification and contact details for delivery of the Goods, in particular your first name, last name, delivery address, phone number and e-mail address;

During the creation of the Order proposal, you may change and review the data until the Order is created. After reviewing, you will create the Order by clicking the “Order with obligation to pay” button. Before clicking the button, you must also confirm that you have read and agree to these Terms; otherwise, it will not be possible to create the Order. A checkbox is used for confirmation and consent. After clicking the “Order with obligation to pay” button, all completed information will be sent directly to Us.
We will confirm your Order as soon as possible after it is delivered to Us by sending a message to the e-mail address you provided in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order on our part, the Agreement between Us and You is concluded. The Terms effective on the date of the Order form an integral part of the Agreement.
There may also be cases where we will not be able to confirm your Order. These are mainly situations where the Goods are not available, or where you order a higher number of units of the Goods than is permitted by Us. However, we will always provide you with information about the maximum quantity of the Goods in advance within the E-shop, so it should not come as a surprise. If any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in an amended form compared to the Order. In such a case, the Agreement is concluded at the moment you confirm our offer.
If a manifestly incorrect Price is stated in the E-shop or in the Order proposal, we are not obliged to deliver the Goods to you for that Price even if you have received an Order confirmation and the Agreement has thus been concluded. In such a situation, we will contact you without undue delay and send you an offer to conclude a new Agreement in an amended form compared to the Order. The new Agreement is concluded at the moment you confirm our offer. If you do not confirm our offer within 3 days of its sending, we are entitled to withdraw from the concluded Agreement. A manifest error in the Price is deemed to include, for example, a situation where the Price does not correspond to the usual price charged by other sellers, or a digit is missing or added.
If the Agreement is concluded, you are obliged to pay the Total Price.
If you have a User Account, you may place an Order through it. Even in such a case, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating the Order is identical to the case of a buyer without a User Account; the advantage is that you do not have to repeatedly enter your identification details.
In some cases, we allow you to use a discount when purchasing the Goods. To apply the discount, you must enter the discount details in the designated field in the Order proposal. If you do so, the Goods will be provided to you with the discount.

USER ACCOUNT

Based on your registration within the E-shop, you may access your User Account.
When registering a User Account, it is your obligation to state all entered data correctly and truthfully and to update it in the event of any changes.
Access to the User Account is secured by a username and password. You are obliged to keep these access credentials confidential and not provide them to anyone. In the event of misuse, we bear no liability.
The User Account is personal, and you are therefore not entitled to allow third parties to use it.
We may cancel your User Account, in particular if you have not used it for more than 2 years, or if you breach your obligations under the Agreement.
The User Account may not be available continuously, in particular with regard to necessary maintenance of hardware and software.

PRICES AND PAYMENT TERMS, RETENTION OF TITLE

The Price is always stated within the E-shop, in the Order proposal and, of course, in the Agreement. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order proposal, the Price stated in the Order proposal shall apply; it will always be identical to the price in the Agreement. The Order proposal also states the Delivery Price and, where applicable, the conditions under which delivery is free of charge.
The Total Price is stated inclusive of VAT and all fees required by law.
We will require payment of the Total Price after the Agreement is concluded and before the Goods are handed over. You may pay the Total Price in the following ways:

By bank transfer. We will send you the payment details as part of the Order confirmation.
Cash on delivery. In such case, payment will be made upon delivery of the Goods against handing over the Goods. If paying cash on delivery, the Total Price is due upon receipt of the Goods.
In cash upon personal collection. Cash payment is possible if the Goods are collected at our premises. In the case of cash payment upon personal collection, the Total Price is due upon receipt of the Goods.
Card payment, Apple Pay
1. Online payments are processed for us by the ComGate payment gateway. The service provider, ComGate Payments, a.s., is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted.
2. The fastest way to pay online. In the ComGate payment gateway interface, you enter your card number, expiry date and CVC code – the three digits found in the signature strip on the back of the card. Everything is secured by the 3D Secure standard, so you will most likely be asked to enter a numeric code that you receive via SMS from your bank.
3. Contact: ComGate Payments, a.s.
  Gočárova třída 1754 / 48b, Hradec Králové
  E-mail: platby-podpora@comgate.cz
  Tel: +420 228 224 267

The Invoice will be issued electronically after payment of the Total Price and will be sent to your e-mail address. The Invoice will also be physically enclosed with the Goods and available in the User Account.
Title to the Goods passes to you only after you have paid the Total Price and taken over the Goods. In the case of payment by bank transfer, the Total Price is paid when it is credited to our account; in other cases, it is paid at the moment the payment is made.
If a refundable deposit is charged for an old part, the customer is obliged to deliver the return part within 14 days, unless agreed otherwise. If the buyer fails to meet this deadline, the deposit shall be forfeited to the Seller.

DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE

The Goods will be delivered to you by the method of your choice; you may choose from the following options:

Personal collection at one of our branches;
Personal collection at pick-up points of Zásilkovna;
Delivery via FOFRcz, PPL, DHL, Zásilkovna, FedEx;

The Goods can be delivered within the Czech Republic, EU countries and, by e-mail arrangement, also to other countries.
The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The expected delivery time will be communicated to you in the Order confirmation. The time stated on the E-shop is indicative only and may differ from the actual delivery time. In the case of personal collection at the branch, we will always inform you by e-mail when the Goods are ready for pick-up.
Upon receipt of the Goods from the carrier, it is your obligation to check that the packaging of the Goods is undamaged and to notify the carrier and Us without undue delay of any defects. If there is damage to the packaging indicating unauthorized handling and entry into the shipment, you are not obliged to accept the Goods from the carrier.
You are also obliged to check the physical condition of the Goods due to possible damage and to notify us without undue delay of any defects; later complaints due to physical damage will be rejected.
If you breach your obligation to accept the Goods, except in cases under Article 6.4 of the Terms, this does not result in a breach of our obligation to deliver the Goods to you. At the same time, failure to accept the Goods is not a withdrawal from the Agreement between Us and You. However, in such a case we are entitled to withdraw from the Agreement due to your material breach of the Agreement. If we decide to exercise this right, the withdrawal becomes effective on the day we deliver the withdrawal notice to you. Withdrawal from the Agreement does not affect the right to payment of the Delivery Price and/or the right to compensation for damage, if incurred.
If, for reasons on your part, the Goods are delivered repeatedly or by a method other than agreed in the Agreement, it is your obligation to reimburse Us for the costs associated with such repeated delivery. We will send the payment details for payment of these costs to your e-mail address stated in the Agreement; they are due within 14 days of delivery of the e-mail.
The risk of damage to the Goods passes to you at the moment you take over the Goods. If you do not take over the Goods, except in cases under Article 6.4 of the Terms, the risk of damage passes to you at the moment you had the opportunity to take over the Goods but did not do so for reasons on your part. The transfer of the risk of damage means that from that moment you bear all consequences associated with loss, destruction, damage or any deterioration of the Goods.
If the Goods were not marked “in stock” in the E-shop and an indicative availability period was stated, we will always inform you in the event of:
1. an extraordinary interruption in production of the Goods, and we will always inform you of the new expected availability period or that it will not be possible to deliver the Goods;
2. a delay in delivery of the Goods by our supplier, and we will always inform you of the new expected delivery time.
If we are unable to deliver the Goods even within 30 days after the expiry of the delivery time stated in the Order confirmation, for any reason, both We and You are entitled to withdraw from the Agreement.

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

We guarantee that at the time the risk of damage to the Goods passes under Article 6.7 of the Terms, the Goods are free from defects, in particular that:

they correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed properties;
they are fit for the purpose you request and with which we agree;
they are fit for the purpose for which goods of this kind are usually used;
by quantity, quality and other characteristics, including durability, functionality, compatibility and safety, they correspond to the usual properties of goods of the same kind that you may reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, especially by advertising or labeling;
they correspond in quality or design to the sample or model that was provided to you before the conclusion of the Agreement.

Rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
If the Goods have a defect, in particular if any of the conditions under Article 7.1 is not met, you may notify Us of such defect and exercise your rights arising from defective performance (i.e., make a complaint) by sending an e-mail or letter to our addresses stated in our identification details. You may also use a model form provided by Us upon request. When exercising rights arising from defective performance, you must choose how you want the defect to be resolved; you may not subsequently change this choice without our consent, except in cases under Article 7.4. We will handle the complaint in accordance with the right arising from defective performance asserted by you.
For complaints about electronic components and control units, we require a complete diagnostic report before and after installation of the purchased goods.
If the Goods have a defect, you have the following rights:
1. to remedy the defect by delivery of new Goods free from defects, or by delivery of the missing part of the Goods; or
2. to remedy the defect by repair of the Goods,
  unless the chosen method of remedy is impossible or, compared to the other method, disproportionately costly; this shall be assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be remedied by the other method without significant difficulties for you.
We are entitled to refuse to remedy the defect if it is impossible or disproportionately costly, in particular with regard to the significance of the defect and the value the Goods would have without the defect.
You further have the right to:
1. an appropriate discount from the Price; or
2. withdrawal from the Agreement,
  provided that:
  a) we refuse to remedy the defect or fail to remedy it in accordance with law;
  b) the defect occurs repeatedly,
  c) the defect constitutes a material breach of the Agreement; or
  d) it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to - you.
The right to withdraw from the Agreement does not apply if the defect in the Goods is insignificant.
If you caused the defect in the Goods yourself, you are not entitled to rights arising from defective performance.
A defect in the Goods is not wear and tear caused by normal use, or, in the case of used Goods, wear and tear corresponding to the extent of their previous use.
When making a complaint, we will issue you with a written confirmation stating:
1. the date on which you made the complaint;
2. what the complaint concerns;
3. what method of handling the complaint you request;
4. your contact details for the purpose of providing information about the handling of the complaint.
Unless we agree on a longer period, we will remedy the defects and provide you with information about the handling of the complaint to the contact details provided within 30 days of receipt of the complaint. If this period expires without result, you may withdraw from the Agreement or request an appropriate discount.
We will inform you about the handling of the complaint by e-mail and issue you with a confirmation of the date and method of handling the complaint. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You must prove these costs, e.g., by receipts or confirmations of the delivery price. If the defect is remedied by delivery of new Goods, it is your obligation to return the original Goods to Us; however, we bear the costs of such return.
If you are entrepreneurs, it is your obligation to notify and raise the defect without undue delay after you could have discovered it, but no later than three days after receipt of the Goods.
If you are a consumer, you have the right to exercise rights arising from defective performance for a defect that occurs in consumer Goods within 24 months of receipt of the Goods.

WITHDRAWAL FROM THE AGREEMENT

Withdrawal from the Agreement, i.e., termination of the contractual relationship between Us and You from the beginning, may occur for the reasons and in the manner set out in this Article, or in other provisions of the Terms where the possibility of withdrawal is expressly stated.
If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Agreement without giving any reason within 14 days from the date of conclusion of the Agreement, or, in the case of purchase of goods, within fourteen days from their receipt. If we have concluded an Agreement the subject of which is several units of the Goods or delivery of several parts of the Goods, this period begins to run only on the date of delivery of the last unit or part of the Goods; and if we have concluded an Agreement under which we will deliver the Goods to you regularly and repeatedly, it begins to run on the date of delivery of the first delivery.
You may withdraw from the Agreement by any provable method (in particular by sending an e-mail or letter to our addresses stated in our identification details). You may also use a model form provided by Us upon request.
However, even as a consumer you may not withdraw from the Agreement in cases where the subject of the Agreement is performance listed in Section 1837 of the Civil Code.

The withdrawal period under Article 8.2 of the Terms is deemed met if you send Us a notice of withdrawal within that period.
If you withdraw from the Agreement under Article 8.2 of the Terms, you are obliged to send the Goods back to Us within 14 days of withdrawal and you bear the costs associated with returning the goods to Us. You are, however, entitled to a refund of the Delivery Price, but only up to the amount corresponding to the cheapest offered method of delivery of the Goods that we offered. If you withdraw because We breach the concluded Agreement, we also bear the costs associated with returning the goods to Us, again only up to the amount of the Delivery Price corresponding to the cheapest offered method of delivery of the Goods that we offered when delivering the Goods.
In the event of withdrawal from the Agreement, the Price will be refunded within 30 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen in the notice of withdrawal. However, the amount will not be refunded before you return the Goods to Us. Please return the Goods clean, preferably including the original packaging.
If you withdraw from the Agreement under Article 8.2 of the Terms, you are liable to Us for any reduction in the value of the Goods that arises as a result of handling the Goods in a manner other than necessary to acquaint yourself with the nature, characteristics and functionality of the Goods, i.e., in the manner in which you would acquaint yourself with the Goods in a brick-and-mortar store. If we have not yet refunded the Price to you, we are entitled to set off our claim for costs against your claim for a refund of the Price.
We are entitled to withdraw from the Agreement at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons inherent in the nature of the Goods), even before the expiry of the period stated in Article 6.9 of the Terms. We may also withdraw from the Agreement if it is apparent that you intentionally provided incorrect information in the Order. If you purchase goods in the course of your business activity, i.e., as an entrepreneur, we are entitled to withdraw from the Agreement at any time, even without giving any reason.
The customer is obliged to pack the returned goods so that they are not damaged during transport. If the goods arrive damaged during transport due to insufficient packaging, the Seller has the right to reject the return! We will not handle claims for poorly packed shipments with the carrier.
When returning electronic components and control units, we require a complete diagnostic report before and after installation of the purchased goods.
The return address is: Protranscar s.r.o., Sojovice č. ev. 433/5, 294 75, Czech republic tel.: +420 739338899

FINAL PROVISIONS

If our and your legal relationship contains an international element (for example, we ship goods outside the territory of the Czech Republic), the relationship shall always be governed by the laws of the Czech Republic. However, if you are consumers, this agreement does not affect your rights arising from mandatory provisions of law.
All written correspondence will be delivered to you by e-mail. Our e-mail address is stated in our identification details. We will deliver correspondence to your e-mail address stated in the Agreement, in the User Account, or from which you contacted us.
All spare parts and retrofit kits are supplied without installation instructions (manuals) and require professional installation and expertise; in general, these are products that can be used in various models and installation procedures may therefore differ. All diagrams and workshop procedures can be found on the official erWin websites.
Škoda: https://erwin.skoda-auto.cz/erwin/showHome.do
Volkswagen: https://erwin.volkswagen.de/erwin/showHome.do
Audi: https://erwin.audi.com/erwin/showHome.do
Seat: https://erwin.seat.com/erwin/showHome.do
The Agreement may be amended only on the basis of our written agreement. However, we are entitled to amend and supplement these Terms; such amendments shall not affect Agreements already concluded, but only Agreements concluded after the effective date of such amendment. We will inform you of the change only if you have created a User Account (so that you have this information when ordering new Goods; however, the change does not establish a right of termination, since we do not have an Agreement that could be terminated), or if, under the Agreement, we are to deliver Goods to you regularly and repeatedly. We will send information about the change to your e-mail address at least 14 days before the effective date of the change. If we do not receive, within 14 days of sending the information about the change, a notice of termination of an Agreement for regular and repeated deliveries of Goods, the new Terms become part of our Agreement and will apply to the next delivery of the Goods following the effective date of the change. If you give notice of termination, the notice period is 2 months.
In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, supplier outages, etc.), we are not liable for damage caused as a result of or in connection with such force majeure events, and if the force majeure situation lasts longer than 10 days, both We and You have the right to withdraw from the Agreement.
Appendices to the Terms include a model complaint form and a model withdrawal form.
The Agreement, including the Terms, is archived by Us in electronic form, but is not accessible to you. However, you will always receive these Terms and the Order confirmation with the Order summary by e-mail and will therefore always have access to the Agreement without our assistance. We recommend that you always save the Order confirmation and the Terms.
These Terms and Conditions take effect on 31 January 2023.