Terms and Conditions

GENERAL TERMS AND CONDITIONS

www.motoe.cz

reading the general terms and conditions (" Terms ") of the company RULYT s.r.o. , ID number: 256 02 217, with registered office at 5. května 435, 440 01 Dobroměřice, registered in the commercial register kept at the Regional Court in Ústí nad Labem under file number C 17913 (" we "). These Terms govern the relationship between us, as sellers, and you, as buyers (“you”), on our e- shop, which can be found on the website www.motoe.cz (" e - shop "). Our e - shop offers electric scooters, tricycles and accessories for ecological vehicles.

We recommend that you read the Terms in their entirety. But if you don't want to do it for some reason, we have prepared a summary of the most important points for you.

  • The customer comes first for us and we always try to achieve a solution that will satisfy both you and us.
  • By placing the goods in the basket together with filling in the required data and confirming and sending the order, you conclude a Contract with us.
  • usually it´s possible to modify or cancel the purchase free of charge until the order is shipped. Just give us a call and we will surely find a solution that will suit both you and us.
  • For some goods, you have the right to withdraw from the Contract within 14 days of its delivery. If you change your mind about the purchase ( i.e. you have not used the goods and want to return them), you can withdraw from the Contract and return the goods to us without any worries within 14 days after receiving the shipment. You don't have to give a reason for the return, but if you do, we'd appreciate it because it will help us improve our services. If you wish to exercise your right to withdraw from the Contract, please send us the withdrawal form, which can be found in the appendix to these Terms. Deliver the goods to us by carrier or in person to our brick-and-mortar office located at Lounská 891, 438 01 Žatec.
  • If the product contains instructions for use, please read them carefully.
  • We do everything to ensure that the complaint is handled properly and as quickly as possible. Details on complaints can be found below.
  • When receiving the package from the carrier , please check whether the package is not damaged. It doesn't happen often, but we can´tr take into account claims caused by damage during transport.
  • Your personal data is safe with us. You can learn more about how we process them here .
  • If you have any problems or questions, please email us at info@motoe.cz or call +420 415 679 550 . We are here for you and happy to help you with anything.

1. To begin with

1.1. The aim of these Terms and Conditions is to explain to you what mutual rights and obligations we have arising in connection with or on the basis of the purchase contract concluded between us via the e- shop (" Contract ") and to inform you about them.

1.2. In addition to these conditions, our relationship is also governed by Czech laws, in particular Act No. 89/2012 Coll., the Civil Code as amended and Act No. 634/1992 Coll., on consumer protection, as amended.

1.3. The provisions of the Terms and Conditions are an integral part of the Agreement. Provisions deviating from the Terms and Conditions can be negotiated in the Contract itself. Everything that we agree differently in the Contract takes precedence over the Conditions.

1.4. These Terms and Conditions are in the Czech language and the Agreement between us is also concluded in the Czech language. If the relationship established by the Agreement (including the Conditions) contains an international (foreign) element, then it is agreed that such a relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

1.5. We can change or supplement the wording of the Terms and Conditions. Such a change will not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. Simply put, the change to the Terms and Conditions will not affect purchases already made, but only future ones.

1.6. You can contact us using the following details:

Business address: Lounská 891, 438 01 Žatec

Email: info@motoe.cz

Phone: +420 415 679 550

2. Customer's account

2.1. You can set up a customer account on the e - shop , which provides various benefits, such as an overview of product orders, customer discounts and more. You can order goods from your customer account, but you can also make purchases without registering an account.

2.2. When registering for a customer account and when ordering goods, you are obliged to provide correct and truthful information. In the event of any change to them, you are also obliged to update them in your customer account. We consider the data provided in the customer account and when ordering goods to be correct.

2.3. The customer account is secured with a username and password. You are required to maintain the confidentiality of such information required to access the Customer Account and should protect it against misuse. We are not responsible for any misuse of the customer account by third parties.

2.4. The customer account is yours only and you are not authorized to allow third parties to use it.

2.5. In the event that you discover that the information needed to access your customer account could be stolen or misused, notify us immediately, and we can block the customer account in agreement with you.

2.6. Please note that we may cancel your customer account, especially if you do not use it for a long period of time (min. 12 months), or if you breach your obligations under the Agreement or the Terms. However, this does not happen often and we will let you know in advance before deleting your account.

2.7. Please note that the customer account or the e - shop may not be available all the time, especially in view of the necessary maintenance of our hardware and software or the necessary maintenance of such third party equipment. However, we usually try to carry out such maintenance outside of standard daily hours and with prior notice.

    4. 3. How do you order goods?

3.1. All presentation of goods placed on the e- shop is of an informative nature and we are not obliged to conclude a Contract regarding such goods.

3.2. You can order goods as follows:

a) through your customer account after prior registration on the e- shop;

b) by filling out the order form without registering an account.

3.3. When filling out the order, you select the goods, the number of goods, the method of payment of the purchase price and the method of delivery of the goods to you.

3.4. Before submitting the order, you can check and possibly change any data as you wish. Submit your order by clicking the "Order and Pay" button. We consider the data given in the order to be correct. It is essential that you fill in all your details and confirm that you have read and agree to these Terms and Conditions before submitting your order.

3.5. By submitting an order, you enter into a Contract with us under the conditions specified in the order and in these Terms and Conditions. All orders placed through our e- shop are binding. By concluding the Agreement, we and you agree to follow these Terms.

3.6. We will confirm your order electronically by e-mail, it is a confirmation of the concluded Contract. Along with this confirmation, we will also send you these Terms and Conditions in pdf format.

3.7. If by chance we do not currently have the goods in stock, which usually does not happen, we will immediately inform you of this fact and at the same time inform you of the approximate delivery time. You can decide if you want to send the order that has been processed only in part, wait for the currently unavailable goods or even cancel the order and withdraw from the Contract (we will be sorry, but we will understand). If the order is canceled due to unavailability of the goods, we will refund you as soon as possible.

3.8. When concluding the Agreement, you agree to use remote means of communication. We must inform you that the costs incurred when using remote communication means in connection with the conclusion of the Agreement (in particular Internet connection or the costs of telephone calls) are paid by you, and these costs do not differ in any way from the standard rate.

3.9. In the event that there is an obvious technical error on our part when specifying the price of the goods on the e - shop or during the order, we are not obliged to deliver such goods to you at this obviously incorrect price. We will of course inform you of the error without undue delay and send you a changed offer by e-mail. This is considered a new draft of the Contract, in which case the Contract is concluded only with your confirmation that you agree with the new price.

4. How can you pay us for the goods?

4.1. All prices of goods and transport are inclusive of VAT and all related fees. Prices are valid at the time of ordering the goods.

4.2. If any promotional offer is running on the e- shop , it is valid until stocks run out or for a period determined by us. Unless otherwise specified, any discounts on the price of goods cannot be combined in any way.

4.3. Goods can be paid for in the ways listed

4.4. Please note that gift vouchers are indivisible, meaning that the entire value stated on the voucher must be used in one order. Gift vouchers also cannot be combined and only one discount code can be used per order. Gift vouchers also have a limited validity, which is always indicated on the specific gift voucher.

4.5. After paying the price of the goods, we will issue you a tax document - an invoice, which we will send to you in electronic form by e-mail.

    4. 5. How and when will we deliver the goods to you?

5.1. Items marked "in stock" are available and will be shipped as soon as possible. In the event that the delivery exceptionally requires a longer period, we will inform you of the delivery date without delay. Unless we agree otherwise, we will always deliver the goods to you within 30 days of concluding the Contract, otherwise you can withdraw from the Contract and we will refund the price you paid, including the shipping costs you paid, if you paid them.

5.2. In the event that we do not currently have the goods in stock, we will also inform you immediately and at the same time inform you of the approximate delivery time. Either we agree on a longer delivery time or you have the right to withdraw from the Contract, which will cancel the order and we will return the money we received from you for it.

5.3. Ordered goods to you via transport services (you can find an overview of them here ) or you can pick them up in person at our office at Lounská 891, 438 01 Žatec.

5.4. Postage and packaging are charged according to the current price list, which is always displayed to you during the ordering process.

6. How does shipping and delivery work?

6.1. We will deliver the goods to the place specified in the order. You are then obliged to take over the goods upon delivery. In the event that you do not accept the goods, we will consider this as withdrawal from the Contract and in such a case we have the right to demand compensation for the costs associated with it.

6.2. After dispatching each shipment, we send an information e-mail (if it was correctly entered during the order) and an information SMS (if the number was specified during the order), where the shipment number and the estimated delivery date are indicated.

6.3. If, for reasons caused by you, it is necessary to deliver the goods repeatedly or in a different way than that specified in the order, you are obliged to pay the costs associated with the repeated delivery of the goods or with another delivery method.

6.4. When taking over the goods, we recommend that you carefully check the integrity of the packaging of the goods and, in the event of any defects, report these defects to the carrier immediately. If the packaging of the goods is damaged, you do not have to accept the shipment from the carrier.

6.5. You acquire ownership of the goods by paying the entire purchase price (including delivery costs), but first by taking delivery of the goods. Liability for accidental destruction, damage or loss of goods passes to you at the moment of acceptance of the goods or at the moment when you were obliged to accept the goods, but did not do so in violation of the Agreement.

    1. 7. What terms apply to goods with digital features?

7.1. A good with digital properties is a good that contains some digital content or service and could not function without it. As a rule, these are goods that run with the help of some software - for example, a treadmill with various programs or a smart sports watch.

7.2. Unless we agree otherwise, and nothing else is stated in the description of the goods on the e- shop , we will provide you with the updates necessary for the functionality of the goods with digital properties as they will be released by the manufacturer, for a reasonable period of time that you can reasonably expect. As a rule, such an update will appear directly on the display or screen of the goods and you will do it yourself. You are not entitled to any other updates, unless we agree otherwise.

7.3. All information about compatibility, interoperability and other important information for the operation of goods with digital properties can always be found directly in the description of the specific goods.

    1.  
    2. 8. What about withdrawing from the Contract and returning goods?

8.1. As a consumer, i.e. a person who concludes a Contract outside the scope of his business or similar activity, you have the right to withdraw from the Contract concluded via the Internet, e-mail, telephone or other means of remote communication within 14 days of receiving the goods. If we send you the goods in several shipments, the deadline is calculated from the receipt of the last shipment. If we deliver goods to you regularly, the deadline for withdrawing from the Contract, on the other hand, is calculated from the delivery of the first delivery. This section of the Terms applies only to consumers.

8.2. Please note that you do not have the right to withdraw from the Agreement if:

a) when the goods have been modified according to your wishes or directly for you, especially in the case of tailor-made goods;

b) if it is a product that cannot be returned for hygienic reasons and which we delivered to you in a sealed package and you unpacked this package (for example, underwear).

8.3. To withdraw from the Agreement, you can use the sample form, which can be found as an attachment to these Terms and Conditions.

8.4. In case of withdrawal from the Agreement, the Agreement is canceled from the beginning. This means that you return the goods to us and we refund the purchase price you paid including the lowest postage we offer. You must send the goods to us within 14 days of withdrawing from the Contract. You pay the costs of sending the goods back to us.

8.5. In the event of withdrawal from the Contract, we will return the purchase price to you in the same way as we originally received it from you. However, we can also agree on another refund of the purchase price. We will return the purchase price to you within 14 days from the moment you withdraw from the Contract. However, we can delay payment until we receive the returned goods back or until you prove to us that you have sent the goods (for example, with a confirmation from the carrier).

8.6. You can try the goods (except for the above exceptions), but only to familiarize yourself with its nature, properties and functionality. In short, as if you were viewing it in a brick-and-mortar store. If you try or use more of the goods and by disposing of them you reduce their value, we may refund you less the cost of restoring the goods to their original condition so that we can sell them to other customers. For example, you can't cut a tag out of your clothes and try on your running shoes outside or while running on a treadmill for a long time.

8.7. Send or personally deliver the goods, including any gifts, to our business address at Lounská 891, 438 01 Žatec. Please do not send us cash on delivery

8.8. If we also sent you a free item - a gift - together with the goods, you are obliged to return this free item in the event of withdrawal from the Contract.


  2. 9. Complaints or what about liability for defects?

Claims rules

9.1. We are responsible for ensuring that the goods are free of defects upon receipt. In particular, we are responsible for the fact that the goods:

a) corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;

b) is suitable for the purpose for which you require it and to which we have agreed;

c) is supplied with the agreed accessories and instructions for use, including assembly or installation instructions, if required for the goods.

9.2. Furthermore , we are responsible for the fact that, in addition to the agreed properties :

a) the goods are suitable for the purpose for which goods of this type are usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if such technical standards do not exist;

b) the goods in terms of quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual properties of things of the same kind that you can reasonably expect, also with regard to public statements made by us or another person in the same contractual chain, in particular by advertising or labeling ;

c) the goods are supplied with accessories, including packaging, assembly instructions and other instructions for use which you can reasonably expect;

d) the goods correspond to the quality or design of the sample or design that we provided to you before concluding the Contract.

for the above four points in the event that we notified you before concluding the Contract that some of the characteristics of the goods differ and you expressly agreed to this when concluding the Contract.

9.3. If the goods are equipped with any software, we are also responsible for the functionality of this software.

9.4. You can exercise your rights from defective performance within two years of receiving the goods. It is considered that if the defect becomes apparent within one year of receipt, the goods were already defective upon receipt, unless the nature of the item or the defect precludes this.

9.5. We are also liable to you for a defect caused by incorrect assembly or installation, which was carried out by us or someone else under our responsibility in accordance with the S agreement.

9.6. If you justifiably complained about the defect, the two-year period for exercising rights from defective performance does not run during the period when you could not use the item. Perhaps because we had it with us as part of the complaint procedure.

9.7. You do not have rights from defective performance if you caused the defect yourself. The defect of the goods is not normal wear and tear from normal use.

9.8. In the case of used goods, the defect is not wear corresponding to the extent of its previous use. If you buy a used item from us, you can exercise your rights from defective performance with us only within one year of taking over such goods.

Complaint procedure

9.9. You can make a complaint e.g. electronically to info@motoe.cz or by letter/in person at the address Lounská 891, 438 01 Žatec. Please do not send us cash on delivery, we will not take it into account.

9.10. Deliver the goods complete, i.e. as you received them from us, so that we can assess the claim.

9.11. If you want to make a claim, please state:

a) your contact details;

b) description of the defect in the goods (e.g. the strap has been torn from the backpack);

c) your desired method of handling the complaint (e.g. I request a new backpack).

The form can be downloaded here.

9.12. If the goods have a defect, you can request its removal. At your option, you may request:

a) delivery of a new item without defects; or

b) fixing things

However, you cannot claim this if the method you have chosen for us to remove the defect is impossible or disproportionately expensive compared to the other method. In such a case, we can refuse to remove the defect, especially considering the importance of the defect and the value that the goods would have without the defect.

9.13. In these cases, you can request a reasonable discount or withdraw from the Contract:

a) if we have refused to remedy the defect or have not rectified it within a reasonable time after it has been pointed out so as not to cause you significant inconvenience;

b) when the defect manifests itself repeatedly, which means three times or more;

c) if the defect is a material breach of contract;

d) when it is apparent from our statement or circumstances that we will not remedy the defect within a reasonable time or without considerable inconvenience to you.

9.14. However, you cannot withdraw from the Contract if the defect in the goods is not significant.

9.15. You can complain about defects directly to us. However, if someone else (e.g. service) is designated by us or by the manufacturer to carry out the repair, who is available in our area or in a place that is closer to you, please report the defect to the person designated to carry out the repair.

9.16. As long as we do not fulfill our obligations from defective performance, you do not have to pay us the outstanding purchase price or part thereof.

Complaint handling

9.17. If someone else is not designated for the repair (e.g. service), we are obliged to accept the complaint in any establishment where this is possible with regard to the range of products sold, or even at our headquarters.

9.18. When you make a complaint, we will issue you an electronic confirmation in which we will state the date you made the complaint, what it contains, what method of handling the complaint you require and your contact details so that we can let you know about the handling of the complaint.

9.19. Within 30 days from the application, we will process the claim (including removing the defect) and inform you about it. We can also agree on a longer period together. If we do not meet the 30-day deadline, you can withdraw from the contract or request a reasonable discount.

9.20. After handling the complaint, we will issue you an electronic confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written confirmation of the rejection of the complaint.

9.21. You have the right to be reimbursed for the purposefully incurred costs of making a claim (if it was justified and recognized), when these costs are understood to be the lowest possible. You must request reimbursement of costs no later than one month from the end of the period for pointing out the defect, otherwise they may not be awarded to you.

9.22. Before using a product for the first time, you are required to read the user manual if we send it to you electronically or together with the product and then follow the information from it. Otherwise, you run the risk of damaging the goods through your incorrect use and you will not be able to claim the resulting defect within the framework of your right arising from liability for the defect.

10. What other rights and obligations do we have for each other?

10.1. We handle your complaints via the contact email address. We will send you information about the handling of your complaint to your email

10.2. adr.coi.cz , is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract . The solution will only be initiated at your suggestion, in the event that it was not possible to resolve the dispute directly with us. You can submit a proposal no later than 1 year from the day you exercised your right with us for the first time.

10.3. When resolving disputes arising from the Agreement, it is possible to use the online platform located at the Internet address http://ec.europa.eu/consumers/odr .

10.4. We are authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

10.5. We can deliver all written correspondence via electronic mail.

11. Final Arrangements

11.1. We treat your personal data in accordance with legal regulations and protect them like an eye in the head. All information you give us is confidential and we will treat it as such. How it is with personal data protection can be found in a special document

11.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

11.3. All rights to our e - shop , especially copyright to content, including page layout, photos, films, graphics, trademarks, logos and other content and elements belong to us. It is forbidden to copy, modify or otherwise use the e - shop or its parts without our consent.

11.4. We are not responsible for errors arising as a result of interventions by third parties in the e- shop or as a result of its use contrary to its purpose. When using the e - shop, you must not use procedures that could have a negative effect on its operation and you must not perform any activity that could allow us or third parties to interfere or use the software or other components that make up the e- shop without authorization and use e - shop or its parts or software equipment in such a way that would be contrary to its purpose or purpose.

11.5. We will send you a confirmation of the conclusion of the Agreement by e-mail. We archive the Agreement itself, including these Terms and Conditions, in electronic form and are not publicly accessible. If you need it, write to us and we will be happy to send it to you.

11.6. The annex to these Terms and Conditions consists of a sample form for withdrawing from the Agreement.

These Terms and Conditions apply from January 6, 2023

Text of the previous terms and conditions valid from 12/04/2022 to 05/01/2023.

Withdrawal from the Contract within 14 days

Buyer :

Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 

Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 

Phone: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ E-mail : _ _ _ _ _ _ _ _ _ _ _ _ _ 

Requested refund method: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  

Any bank account number / bank code to which I wish to return the purchase price:

 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _/ _ _ _ _ _ _ _ _ _ _ _

 

Invoice number:   _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 

Order Number:  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 

 

Returned Products _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 

Reason for return:

(for our better overview, you can tick any of the listed options, but you are not obliged to do so)

  • don't like the color           
  • inadequate size
  • unsuitable material
  • The product looks different than I expected
  • late delivery
  • other goods delivered
  • other reason _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

 

 

Date and signature of the customer