Terms and Conditions
General Terms and Conditions of Carplastix Refinishing s.r.o.
Introduction and definition of terms
The subject of these General Terms and Conditions (hereinafter referred to as 'GTC') is the regulation of legal relations between Carplastix Refinishing s.r.o., Company ID: 09257004, with its registered office at Poličany 59, 284 01 Kutná Hora, registered in the Commercial Register maintained by the Municipal Court in Prague under Ref. No. C 333380 (hereinafter referred to as 'Carplastix') and the person for whose benefit Carplastix provides performance for consideration (hereinafter referred to as the 'Customer') and are an integral part of the Work Contract or Purchase Contract concluded between Carplastix and the Customer, whereby Carplastix issues these GTC for the purpose of operating the e-Shop located on the www.carplastix.com website.
Unless otherwise specified in these GTC or the context clearly indicates otherwise, capitalised terms are used in the singular and plural in the following meaning:
e-mail
text, voice, audio or video message sent over a public electronic communications network, which may be stored on the network or endpoint device until retrieved by the recipient;
e-Shop
web application available on the internet, developed for the purpose of displaying, selecting and ordering goods and services, available at www.carplastix.com;
Invoice
accounting document with the formalities of a tax document
Cart
e-Shop functionality that is automatically generated by the Customer by adding or removing goods and/or services;
Purchase Contract
contract pursuant to Section 2048 et seq. of the Civil Code concluded between Carplastix and the Customer via the e-Shop;
Civil Code
Act No. 89/2012 Coll., the Civil Code, as amended;
Order
completed transaction by the Customer with the intention of entering into a Work Contract and/or a Purchase Contract for the goods by pressing the relevant button;
Personal data
data or information enabling the identification of a specific natural person
Enquiry
action of the Customer with the intention to enter a Work Contract with Carplastix;
Shipping costs
costs associated with packing and transporting the goods or items to be refinished to and from the Customer
Services
services provided by Carplastix regarding the refinishing of the Customer's used spare parts, as currently offered by Carplastix
Consumer
customer who is a non-business individual and enjoys consumer protection under applicable law;
Work Contract
contract pursuant to Section 2586 et seq. of the Civil Code concluded between Carplastix and the Customer via the e-Shop;
Contract
for the purposes of these GTC, it refers to the Work Contract and/or the Purchase Contract;
Customer
person who has ordered goods and/or services via the e-Shop or in person at the premises; for the purposes of these GTC it is also a person who is a recipient of the services and/or a purchaser of goods;
Personal data processing policy
the Carplastix document available on the Carplastix website, which informs data subjects about the ways in which their personal data is handled and processed, including information about their rights;
Goods
articles offered for sale in the e-Shop environment according to the current offer;
Subject of business activity
the subject of Carplastix's business activity is provision of services, namely refinishing of accessories and parts of passenger cars of brands and types according to the offer listed in the e-Shop.
Legal relations between Carplastix and the Customer in the provision of services are governed by the legal framework of the Work Contract.
For the purposes of Carplastix's activities, refinishing means, in particular:
For plastic and metal parts – removal of all layers of the original surface treatment down to the bare plastic/metal and application of all necessary new layers of surface treatment according to the parameters and assumptions for the specific part;
in the case of parts containing graphic symbols, letters and numbers, these symbols are applied to the new surface of the part using laser technology while maintaining the same appearance as the original symbols.
Illuminated parts retain the colour and intensity of the illumination according to the original new part;
if the original part has a problematic foil, the foil is removed and the graphic design is applied directly to the part.
Carplastix informs the Customer in advance that in the case of plastic part refinishing, the hardness of the surface treatment of the parts changes (they are always harder to the touch), but the shade of colour and the degree of gloss/matt always exactly corresponds to the appearance of the new original part, unless the Customer specifically requests a different appearance (different shade of colour, different gloss/matt) than the original. Carplastix also strongly advises the Customer that it is not its business to make a faithful copy from a new original of each part. In order to make the surface finish of the refinished part significantly longer lasting than that of the new original part, some of the working procedures and materials used differ from those used in the original production and the hardness of the new surface differs.
Sales of new goods according to the offer in the e-Shop; legal relations between Carplastix and the Customer in the sales of goods are governed by the legal framework of the Purchase Contract.
Methods of business case resolution
PROVISION OF SERVICES – LEGAL FRAMEWORK OF THE WORK CONTRACT
Creation of the request for proposal/order and conclusion of the Work Contract
If the Customer is interested in the provision of the services offered by Carplastix, the Customer fills in the enquiry form in the e-Shop via 'Selecting the vehicle make' and 'Selecting the vehicle model' and then selecting the individual parts to be refinished. Clicking the 'Order' button adds each individual part to the enquiry.
After adding all the required parts to be refinished into the cart, select the 'Continue to address / Continue to shipping' button. Furthermore, the Customer is obliged to choose the form and method of transport and the method of payment.
In order to complete the enquiry, the Customer fills in their personal data (natural persons) or identification data (legal entities) and selects whether or not they wish to have an invoice issued to the business.
In particular, we require the following data for the purpose of concluding the contract:
Name and surname or company name
Address or registered office (street, house number, city and postcode)
e-mail
Phone number
For entrepreneurs, also the company registration number and VAT number
Prior to 'submitting an enquiry', the Customer confirms that they have read these GTC and the Personal data processing policy and that they have the option of reading them online or downloading them from the Carplastix website. After sending the enquiry, these GTC and the Personal data processing policy are also sent automatically to the Customer in the specified 'e-mail'.
Carplastix will revise the Customer's enquiry (for this purpose, it will normally contact the Customer by e-mail and, if necessary, by telephone, request a description and, if necessary, photo documentation of the condition of the requested parts and any other clarifying information) and will confirm it within two working days, including the specified price, to the Customer's e-mail address ('Confirmation of enquiry'), providing at least the following information:
- List of parts ordered by the Customer for refinishing,
- Individual prices and VAT
- For the transport option, instructions on how to pack the parts
- Set a deadline for the delivery of all parts
- Sets out the shipping payment terms
- Based on the scope of the required services, set a deadline for the completion of the work (transport time is not included in this deadline)
Upon confirmation of the Customer's enquiry by Carplastix, a binding order is created and the Work Contract is concluded. Carplastix will then issue and send an invoice to the Customer's e-mail address.
In the event that Carplastix confirms the Customer's enquiry in a different scope, it is necessary that the Customer validates this confirmation retroactively by an e-mail message stating that they agree with the change of their enquiry. Upon delivery of such consent, the Work Contract is concluded. Carplastix will then issue and send an invoice to the Customer's e-mail address.
The Customer acknowledges that Carplastix is entitled to commission third parties to perform the work or part of it.
Prices of the services and their payment, shipping, packing, delivery of the work
Price of the services – the price of the refinishing of each part is indicated in the e-Shop offer and is only indicative; the final price of the services is indicated in the subsequent confirmation of enquiry by Carplastix.
The Customer agrees to pay the price of the services:
By credit card through a payment gateway, or
By bank transfer
The price of the services is always paid in advance, i.e., the parts entrusted by the Customer to Carplastix for refinishing will not be sent back to the Customer before the payment for the ordered services has been credited to the Carplastix account.
Shipping costs are always paid by the Customer according to Carplastix instructions. The shipping costs between the Customer and Carplastix is contractual, with the shipping costs based, among other things, on the current terms of individual shipping companies.
In the case of two-way transport, the Customer is obliged to pack the parts to be refinished in such a way as to prevent physical damage during transport (bubble wrap, air cushions, etc.) and to mark the parcel with the 'Fragile' inscription/label/sticker.
In the case of one-way shipping, Carplastix will send the Customer packing instructions in the enquiry confirmation. Unless otherwise specified in the instructions, the Customer is obliged to pack the parts to be refinished in such a way that they are not physically damaged during transport (bubble wrap, air cushions, etc.) and to mark the package with the 'Fragile' inscription/label/sticker.
Carplastix shall inform the Customer of the completion of the work by e-mail to the e-mail address specified by the Customer in the enquiry. By sending the refinished parts to the Customer, the Work Contract is fulfilled.
The Customer is obliged to accept the parcel delivered to them. Any damages or extra costs incurred due to non-acceptance of the shipment are always the responsibility of the Customer.
In the event of default by the Customer in payment of the price of the work and/or shipping costs, Carplastix reserves the right to withhold parts sent or delivered by the Customer until the price of the work and/or shipping costs are paid in full.
In the event of a delay of the Customer payment for the performance of the work by Carplastix for more than 6 months, Carplastix is entitled to monetise the Customer's parts, cover the costs of monetisation, the price of the work and any unmonetised parts from the proceeds and send the remainder of the proceeds at the expense of the Customer to the postal address specified by the Customer.
Damaged parts, parts not listed in the e-Shop offer
For the purposes of these GTC, a damaged part means a part that is cracked, warped, broken, bent, chipped, deformed, grounded down or that is not compact, whole or visually identical to a standard part (missing corner, cracked or missing clamps, etc.). Damage does not mean missing paint, gloss, damaged symbols or unnatural surface texture due to age and material fatigue.
In case the Customer is requesting the refinishing of a damaged part, the Customer shall indicate in the 'Enquiry notes' field of the Enquiry form the degree of damage to each part.
In the event that the Customer sends or delivers a damaged part to Carplastix for refinishing without prior notice, Carplastix will notify the Customer by e-mail or verbally at the time of delivery and will not perform the concluded Work Contract until the performance of the damaged part has been agreed between the Customer and the Contractor. The Contractor assumes that the Customer requests that the work be performed only in its entirety, unless otherwise agreed.
A part not included in the e-Shop offer means a part, for which Carplastix does not explicitly offer refinishing in the e-Shop offer, and the Customer sends such part to Carplastix for refinishing or requests refinishing of such part in advance from Carplastix. If the work is not included in the e-Shop offer, a Work Contract can be concluded between the Contractor and the Customer and furthermore proceeded similarly according to these GTC.
Work Contract withdrawal, rights from defective performance
The Customer, including the Customer in the position of a Consumer, does not have the right to withdraw from the Work Contract, as it is always the performance of the service according to the Work Contract, namely the modification or repair of the item expressly tailored to the Customer's wishes.
Carplastix undertakes to provide the services in accordance with the concluded Work Contract and these GTC.
If Carplastix fails to properly perform its obligations under the Work Contract, the Customer has the right to claim a defective service. Only a defective service that is present on the refinished part at the time of acceptance of the refinished part by the Customer can be claimed.
If the Consumer so requests, Carplastix shall confirm to the Consumer in writing to what extent and for how long its obligations in the event of defective performance shall continue.
As soon as the Customer discovers that the service has been provided defectively, it shall notify Carplastix without undue delay. If the Customer fails to notify the defect without undue delay, the right of defective performance shall not be granted. Carplastix is obliged to issue to the Consumer at their request a written confirmation of when the claim was filed, what is its content and what method of handling the claim the Consumer requires. The claim made by the Consumer, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from the date of the claim, unless Carplastix and the Consumer agree on a longer period.
SALES OF GOODS – LEGAL FRAMEWORK OF THE PURCHASE CONTRACT
Creation of an order and conclusion of a Purchase Contract
If the Customer is interested in purchasing the goods offered by Carplastix, the Customer shall fill in the order form in the e-Shop via 'Select vehicle make' and 'Select vehicle model' and then select the individual new parts offered for purchase. Clicking the 'Order' button adds each individual part to the Order.
After adding all the desired goods to be purchased into the shopping cart, select the 'Continue to address / Continue to shipping' button. Furthermore, the Customer is obliged to choose the form and method of transport and the method of payment.
In order to complete the order, the Customer fills in their personal data (natural persons) or identification data (legal entities) and selects whether or not they wish to have an invoice issued to the business.
In particular, we require the following data for the purpose of concluding the contract:
Name and surname or company name
Address or registered office (street, house number, city and postcode)
e-mail
Phone number
For entrepreneurs, also the company registration number and VAT number
Prior to 'submitting an order', the Customer confirms that they have read these GTC and the Personal data processing policy and that they have the option of reading them online or downloading them from the Carplastix website. After sending the enquiry, these GTC and the Personal data processing policy are also sent automatically to the Customer in the specified 'e-mail'.
By sending the order the Customer concludes the Purchase Contract with the obligation to pay.
Prices of the goods and their payment, shipping, delivery of the goods
Price of the goods – the purchase price of the individual goods is stated in the e-Shop offer and is binding.
The Customer agrees to pay the price of the goods:
By credit card through a payment gateway, or
By bank transfer
The price of the goods is always payable in advance, i.e., the goods will not be shipped to the Customer until payment for the ordered goods has been credited to the Carplastix account.
Shipping costs are always paid by the Customer according to Carplastix instructions. The shipping costs between the Customer and Carplastix is contractual, with the shipping costs based, among other things, on the current terms of individual shipping companies.
In the event of default by the Customer in payment of the purchase price and/or shipping costs, Carplastix reserves the right not to ship the ordered goods until the purchase price and/or shipping costs have been paid in full.
By sending the ordered goods to the Customer, the Purchase Contract is fulfilled. Carplastix will send the Customer an invoice to the Customer's e-mail address within 10 days of the execution of the Purchase Contract.
The Customer is obliged to accept the parcel delivered to them. Any damages or extra costs incurred due to non-acceptance of the shipment are always the responsibility of the Customer.
Purchase Contract withdrawal, rights from defective performance
The consumer has the right to withdraw from the Purchase Contract without giving any reason within fourteen days if it was concluded by remote access (on the internet). This period shall run from the date of delivery of the goods to the Customer.
The Consumer cannot withdraw from the Purchase Contract without giving a reason:
(a) If the ordered goods have been at the same time modified according to the Consumer's wishes or for their person,
(b) if the Consumer has removed the ordered goods in a closed package from the package and, due to the nature of the goods, it is not possible to return them for hygienic reasons.
The Consumer is entitled to withdraw from the Purchase Contract if Carplastix breaches the Purchase Contract in a material way, in which case the Consumer must withdraw from the Purchase Contract without undue delay after becoming aware of the breach of the Purchase Contract.
For the purposes of exercising the right to withdrawal from the Purchase Contract, the Consumer must demonstrably inform Carplastix of its withdrawal from the Purchase Contract by unilateral legal action. A template form for withdrawal from the Purchase Contract without giving a reason and instructions on the right to withdraw from the Contract are available to Consumers in accordance with Government Decree No. 29/2023 Coll. and are attached to these GTC.
The Customer is obliged to return the goods intact to the Carplastix within 14 days of withdrawal. In the event of withdrawal from the Purchase Contract without giving any reason, the Consumer shall bear the costs of returning the goods.
Carplastix shall refund to the Consumer all monies received from the Consumer within 14 days of withdrawal from the Purchase Contract without giving any reason (but not before the Consumer has handed over or return-delivered the goods intact, if applicable), including any costs of delivery of the goods at the rate of the cheapest delivery method offered by Carplastix.
Carplastix undertakes to deliver the goods in accordance with the concluded Purchase Contract and these GTC. If Carplastix fails to properly fulfil its obligations under the Purchase Contract, the Customer has the right to claim defects in the goods. In detail, the rights arising from defective performance are regulated by the relevant provisions of the Civil Code applicable to the purchase contracts. Carplastix is obliged to issue to the Consumer at their request a written confirmation of when the claim was filed, what is its content and what method of handling the claim the Consumer requires. The claim made by the Consumer, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from the date of the claim, unless Carplastix and the Consumer agree on a longer period.
Consumer disputes
Should a consumer dispute arise between Carplastix and the Consumer under the Purchase Contract and/or the Work Contract, which cannot be resolved by mutual agreement, the Consumer may submit a proposal for out-of-court settlement of such dispute to the designated consumer dispute resolution body, which is:
Czech Trade Inspection Authority
Central Directorate – ADR Department
Štěpánská 15
Prague 2, Postcode 120 00
email: adr@coi.cz
web: adr.coi.cz
The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/
Final provisions
Contracts concluded pursuant to these GTC and these GTC are governed by the legal regulations of the Czech Republic, in particular the relevant provisions of the Civil Code applicable to the purchase contracts and the work contracts. The agreements between the Customer and Carplastix, as well as the provisions of these GTC deviating from the law, prevail over the dispositive provisions of the law.
In the event that the Customer expresses interest in purchasing goods and, at the same time, requests the performance of services, the course of resolving the business case will be governed by Section (A) of these GTC. However, the Customer retains the rights of defective performance or the right to withdraw from the contract according to the individual contract types.
Carplastix shall be entitled to unilaterally amend these GTC. Any changes to the GTC will be published on the Carplastix website.
By sending an enquiry/order at the conclusion of a Purchase Contract or a Work Contract via remote communication (e-Shop), it is conditional on the Customer confirming that they have read and unconditionally agree to these GTC. In case of doubt, it is assumed that by sending the enquiry/order, the Customer has read and unconditionally agrees to the GTC.
These GTC shall enter into force and effect on ………
In Poličany, on ………….
TEMPLATE FORM FOR WITHDRAWAL FROM THE PURCHASE CONTRACT
Purchaser:
First & last name: ________________________________________________________ Address: _______________________________________________________________ (or e-mail address, phone number): ________________________________________________
Seller:
Carplastix Refinishing s.r.o.
Company ID: 09257004
Registered office at Poličany 59, 284 01 Kutná Hora
Registered in the Commercial Register maintained by the Municipal Court in Prague under Reg. No. C 333380
Notice of Purchase Contract withdrawal
On __________, I ordered goods on your website/e-shop __________, Order No. / Purchase Contract No. __________, for the purchase price of CZK __________.
I received the ordered goods on __________.
Based on the provisions of Section 1829 (1), in connection with the provisions of Section 1818 of Act No. 89/2012 Coll., the Civil Code, I exercise my legal right and withdraw from the Purchase Contract concluded via the internet concerning the aforementioned goods.
I will return the goods within 14 days.
In _________ on _____________
____________________________
Signature of the Purchaser