General terms and conditions

General terms and conditions

1) General provisions

1. These general terms and conditions (hereinafter referred to as "GTC") specify the rights and obligations of the seller, the business entity SKARAB, s.r.o., with its registered office at 9. května 1162, 74258 Příbor, ID: 25857631, registered with the Regional Court in Ostrava, Section C, Insert 22394, and the buyer.
2. All contractual relationships are concluded in accordance with the legal order of the Czech Republic.
3. These GTC are an integral part of every sales contract concluded between the seller and the buyer.
4. The sales contract and terms and conditions are drawn up in the Czech language. The sales contract can be concluded in the Czech language.
5. For the purposes of the sales contract and these GTC, any individual who, outside the scope of their business activities or outside the scope of the independent exercise of their profession, concludes a contract with the seller or otherwise deals with them is considered a consumer.
6. The wording of the terms and conditions may be amended or supplemented by the seller.
7. The seller's premises are also a location for the free collection of used products.

2) Conclusion of the Purchase Contract

1. The buyer's order constitutes a proposal for a purchase contract, and the actual purchase contract is concluded at the moment of the delivery of the binding consent of both the buyer and the seller to this proposal (binding order confirmation from the seller or counter-offer from the buyer). From this moment, mutual rights and obligations arise between the buyer and the seller.
2. The seller reserves the right to cancel the order or its part before the conclusion of the purchase contract in the following cases: the goods are no longer manufactured or supplied, or the supplier's price for the goods has significantly changed. If this situation occurs, the seller will promptly contact the buyer to agree on further steps. If the buyer has already paid a portion or the entire amount of the purchase price, this amount will be refunded to their account or address, and the purchase contract will not be concluded.
3. The seller will deliver to the buyer the goods ordered by them under the conditions specified in the purchase contract and these GTC. The buyer undertakes to accept the ordered goods and duly and within the specified deadline, settle the entire purchase price.

3) Purchase Price and Payment Terms

1. Purchase prices are stated in CZK without VAT for individual products or will be communicated to the buyer by the seller upon request. Upon request, the seller will also inform the buyer of the method of calculating the price including VAT.
2. The buyer is generally obligated to pay the purchase price in cash at the moment of delivery fulfillment.
3. If the seller agrees to non-cash payment method after fulfillment, the buyer is required to pay the purchase price based on the seller's invoice, no later than the due date specified on the invoice. The invoice also serves as a delivery note.
4. The payment deadline is set at 14 days from the issuance of the invoice unless otherwise specified in a specific case.
5. The invoice will typically be issued upon the delivery of the goods (if an invoice is not issued, a delivery note will be provided, and the invoice will be sent to the buyer subsequently). The buyer (or an authorized person) will receive one copy of the invoice (delivery note) upon taking possession of the goods, and the seller will receive the second copy. The buyer (or an authorized person) will confirm the receipt of the purchased goods on this copy. The invoice (delivery note) serves as confirmation of the existence of the oral agreement for the purchase contract.
6. Upon the conclusion of the purchase contract, the buyer assumes the risk of changes in circumstances within the meaning of § 1765 paragraph 2 of Act No. 89/2012 Coll., the Civil Code.
7. Late payment interest for monetary obligations of the buyer is agreed upon at a rate of 0.05% of the overdue amount for each day of delay.

4) Delivery of Goods

1. The seller fulfills their obligation to deliver the goods under the contract by handing them over to the buyer. The handing over of the goods to the buyer is understood as the transfer of the goods to the buyer at the place of fulfillment, which is the seller's store.
2. If a different place of performance is stipulated in the contract, the seller will provide free transport of the goods throughout the Czech and Slovak Republics for contractual partners (i.e., buyers who have issued an annual order to the seller). Others will be charged transportation fees based on the weight or type of shipment. We utilize the services of transport companies such as DPD, Fofr, and Pallet Transport.
3. If the buyer does not wish to use the specified method of transporting the goods, they must indicate this in their order
4. If the buyer requests the dispatch of goods in stock on the same day by a transport service or inclusion in our delivery service, the order must be placed by 3:00 PM from Monday to Thursday or by 1:00 PM on Fridays. Orders received later cannot be guaranteed due to capacity reasons.
5. The buyer is obligated to inspect the goods delivered by the seller as soon as possible after their delivery and verify their properties and quantity.
6. Compliance with the delivery time depends on the proper and timely cooperation of the buyer. During this time, the buyer must accept the delivery of the goods properly. If the buyer fails to appear on the agreed day for delivery (or does not accept it at a location other than the seller's store) for reasons not attributable to the seller, the delivery is considered fulfilled on that day, and the risk of damage to the goods passes to the buyer.
7. In the event of the buyer's delay in accepting the goods from the seller exceeding 15 days, the buyer is obliged to pay the seller a contractual penalty of 0.5% of the price of the uncollected goods for each day of delay.
8. Ownership of the goods is transferred to the buyer only upon the complete payment of the purchase price (reservation of ownership).
9. Cases of force majeure (e.g., fire, explosion, floods, strikes at the seller or raw material suppliers) entitle the seller to reasonably extend the delivery period or withdraw from the purchase contract due to the impossibility of performance without the buyer's claim for compensation for damages.
10. Minor, insignificant defects do not result in a deferral of the obligation to pay the purchase price.

5) Rights from Defective Performance

1. If a defect occurs in the purchased goods for which the buyer is not responsible, the buyer may assert the right to remedy the defects under the conditions specified below.
2. Unless otherwise stated, the rights and obligations of the contractual parties regarding rights from defective performance are governed by the relevant mandatory regulations (in particular, the provisions of § 1914 to 1925, § 2099 to 2117 of Act No. 89/2012 Coll., the Civil Code).
3. The seller is not liable for defects if the goods' defectiveness was caused by force majeure, improper storage or handling by the buyer, unprofessional assembly, wear and tear, third-party interference, external influences, incorrect use contrary to its technical purpose, or any other way than usual. The seller explicitly warns the buyer about the obligation to comply with all manuals, instructions, and regulations of vehicle manufacturers and sellers when installing purchased spare parts into these vehicles.
4. For certain products, instructions for the installation of a specific part on automobiles, agricultural or other construction equipment are available on our website www.skarab.cz. This procedure is binding for the buyer, and if not followed, the company Skarab s.r.o. assumes no responsibility for any defects or damages caused.

6) ​Warranty

1. ​The seller provides the buyer with a warranty for the quality of the goods for a period of 6 months (for certain types of goods, the seller offers a longer warranty period depending on the duration provided by the supplier - such information will be confirmed individually). The warranty covers only material defects and defects caused by the manufacturer.
2. The warranty does not apply, in particular, to defects caused by:
1. Improper use or storage of the goods,
2. Mechanical damage or wear and tear from regular use,
3. Natural disasters (water, fire, lightning), or
4. Other external influences (sun exposure, heat, cold, humidity, etc.).
3. During the warranty period, all defects are remedied free of charge.

7) ​Procedure for Complaints of Defective Goods

1. The buyer asserts rights from defective performance at the seller's registered office. The moment of submitting a complaint is considered when the seller receives the claimed goods from the buyer. The buyer must provide proof of purchase with an invoice or receipt.
2. Obvious defects must be reported by the buyer promptly upon discovery, but no later than 7 days from the receipt of the goods or the identification of the defect. Other defects must be reported by the buyer no later than six months from the receipt of the goods.
3. All complaints will be handled in writing, exclusively on the seller's form, available from the seller's delivery driver, at the seller's registered office, or on www.skarab.cz.
4. The buyer must not handle defective goods in any way (especially not attempt repairs without prior consent from the seller; otherwise, the seller is entitled to reject the complaint). The buyer must deliver the claimed goods to the seller's registered office at their own expense.
   
   Download the Complaint Form here here

8) Rectification of Defective Goods

1. ​In the event that the buyer complains about defects in the goods, the seller will rectify the defect through repair, replacement of the faulty part, or substitution with a flawless component or device.
2. With the buyer's consent, the seller is authorized to provide, as a replacement for the defective goods, other goods that are fully functionally compatible but at least with the same or better technical parameters.
3. The decision regarding the method of handling the complaint rests with the seller.
4. If the seller determines that the claimed product is not defective, the complaint is considered unjustified. The seller reserves the right to request reimbursement for proven costs associated with handling this complaint (including transportation costs).
5. The seller will resolve the complaint without undue delay, no later than 60 days from the delivery of the defective goods, unless a longer period is agreed upon. The day of resolution is considered the day when the buyer is notified of the resolution of the complaint.
6. If, due to the nature of the defect, the seller is unable to resolve the complaint within the specified period, an alternative solution will be agreed upon with the buyer. If no agreement is reached, the seller is obligated to provide the buyer with financial compensation in the form of a credit note. The buyer is not entitled to claim costs incurred in connection with the complaint of goods.
7. The return of spare parts without specifying a reason is possible within 14 days, with payment of a 30% restocking fee on the returned goods' price, or in the case of a one-time purchase in the amount of five times the returned ND value, where the restocking fee is 0 in this case. This provision does not apply to items specifically ordered for a particular customer; returns for such items are not possible. This provision does not apply when asserting rights from defective performance by the consumer.
8. The seller is liable for damages caused by a breach of the contract to the buyer, but only up to the amount of the purchase price of the defective goods (excluding VAT), which caused the damages.

1. ​In the event of withdrawal from the contract, the buyer bears the costs associated with the return of the goods.
2. To exercise the right to withdraw from the contract, the buyer must promptly inform the seller of their decision.
3. In the case of withdrawal from the contract, the seller will refund the purchase price to the buyer within 30 days. The same payment method used for the initial transaction will be used for the refund unless the seller agrees to a different method. The payment will be refunded upon receiving the returned goods or upon proof that the goods have been sent back.
4. The seller is entitled to unilaterally set off the claim for damages incurred on the goods against the buyer's claim for a refund of the purchase price.

​10) Special Provisions for Consumers (Individuals, Non-VAT Payers)

1. ​These provisions apply to contracts concluded by the seller with consumers. A consumer is considered a person who does not provide business details, especially the Identification Number (IČ) or Tax Identification Number (VAT), in the order.
2. The rights and obligations of the seller and the consumer regarding rights from defective performance are governed by the relevant mandatory regulations, especially §§ 2161 to 2174 and §§ 1810 to 1840 of Act No. 89/2012 Coll., the Civil Code.
3. If an individual does not provide business details, especially the Identification Number (IČ) and Tax Identification Number (DIČ), in the order, it is assumed that the order and thus the proposal for a purchase agreement are made by an individual, a non-VAT payer. In accordance with point 10.2, the seller will not change the final invoice to alter the contract regime from an invoice for an individual, a non-VAT payer, to an invoice with business details (IČ, DIČ). The responsibility for correctly providing invoicing details lies entirely with the buyer.

1. The consumer is entitled to assert the right arising from a defect that occurs in consumer goods within twenty-four months of acquisition. In the case of the purchase of used consumer goods, this period is reduced to twelve months.
2. The seller is responsible for defects in the goods at the time of receipt by the buyer. This particularly applies to defects when:
1. the goods do not possess properties agreed upon by the parties, and if there is no agreement, the goods lack properties that the seller or manufacturer described or that the buyer expected based on the nature of the goods and advertisements conducted by them,
2. the goods are not suitable for the purpose stated by the seller for its use or for the purpose for which goods of this kind are usually used,
3. the goods do not correspond to the agreed quality or design as stipulated in the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
4. the goods are not in the appropriate quantity, measure, or weight, or
5. the goods do not meet the requirements of legal regulations.
3. The provisions stated in Article 10.5 of the General Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear caused by its usual use, for used goods for a defect corresponding to the extent of use or wear that the goods had at the time of receipt by the buyer, or if it arises from the nature of the goods.
4. If the goods do not have the properties specified in Article 10.4, the consumer may also demand the delivery of a new item without defects if this is not disproportionate given the nature of the defect. However, if the defect only concerns a part of the item, the consumer may only request the exchange of the part; if this is not possible, the consumer may withdraw from the contract. However, if the defect can be remedied without undue delay, the buyer has the right to free defect removal.
5. The consumer has the right to demand the delivery of a new item or the replacement of a part even in the case of a removable defect if the item cannot be used properly due to the repeated occurrence of a defect after repair or due to a larger number of defects. In this case, the consumer also has the right to withdraw from the contract.
6. If the consumer does not apply the above-mentioned options, they have the right to a reasonable price reduction. The consumer is entitled to a reasonable price reduction even if the seller cannot supply a new item without defects, replace its part, or repair the item, as well as in the case that the seller does not remedy the defect within a reasonable time, or if the remedy would cause the consumer considerable inconvenience.
7. The consumer does not have rights from defective performance if they knew about the defect of the item before taking it over or if they caused the defect themselves.
8. The seller or an authorized employee decides on the complaint immediately, in complex cases within three working days. The time reasonably necessary for the type of product or service to be professionally assessed for defects is not counted towards this period. The complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller agrees with the consumer on a longer period. The expiration of this period is considered a material breach of the contract.
9. The seller confirms to the consumer in writing when they asserted their right, as well as the implementation of the repair and its duration.

Right to Withdraw from the Contract - Consumer

1. When concluding a distance contract, the consumer has the right to withdraw from the contract within 14 days of receiving the goods without stating reasons.
2. For the purpose of exercising the right to withdraw from the contract, the consumer is obliged to inform the seller about their withdrawal from the contract through a unilateral legal act (e.g., letter or attached standard form).
3. To meet the deadline for withdrawal from the contract, it is sufficient to send the withdrawal from the contract before the relevant deadline expires.
4. If the consumer withdraws from the contract, the seller will refund, without undue delay and no later than 14 days from the day when they received the notice of withdrawal from the contract, all payments received from the consumer, including the delivery costs (except for additional costs resulting from the consumer's chosen method of delivery, which is different from the cheapest standard delivery method offered by the seller). The seller will use the same payment method for the refund as the consumer used for the initial transaction unless the consumer expressly specifies otherwise. The payment will be refunded by the seller only upon receiving the returned goods or once the consumer proves that they have sent the goods back.
5. The consumer is obliged to return or hand over the goods to the seller without undue delay, no later than 14 days from the day when the withdrawal from the contract occurred. The deadline is considered met if the consumer sends the goods back before the expiration of 14 days.
6. The consumer bears the direct costs associated with the return of the goods.
7. The consumer is only responsible for the diminished value of the goods resulting from handling the goods in a manner other than necessary to familiarize themselves with the nature and characteristics of the goods, including their functionality.

1) Out-of-Court Dispute Resolution

1. For the out-of-court resolution of consumer disputes arising from a purchase agreement, the competent authority is the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, www.coi.cz.

2) Final Provisions

1. Other rights and obligations of the contractual parties are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended at the time of concluding the contract.
2. By entering into the contract, the buyer agrees to the processing of their personal data for the purpose of fulfilling the rights and obligations arising from the purchase agreement. If the buyer does not choose another option, they also agree to the processing of their personal data by the seller for the purpose of sending information and commercial messages to the buyer. Personal data includes: name, surname, address of residence, identification number, tax identification number, email address, and telephone number.
3. he purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
4. All disputes will be resolved exclusively through out-of-court means. In the event of disputes being resolved through legal proceedings, the locally competent court of the seller is the competent authority. All disputes will be resolved according to Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
5. These terms and conditions are valid from January 1, 2023.