General Terms and Conditions
I. Basic Provisions
1. These general terms and conditions (hereinafter „terms and conditions“) are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter „Civil Code“).
MOTOPLACE s.r.o.
IČ: 11751185
DIČ: CZ 11751185
with registered office: Opletalova 1626/36, Nové Město, 110 00 Praha 1
File No.: C 384743 – Městský soud v Praze
contact details – place of business: MOTOPLACE s.r.o, Zimmlerova 2907/36, 700 30 Ostrava
e-mail: info@txrmoto.cz
phone: +420 736 298 458
web: www.txrmoto.cz/en/
(hereinafter „seller“)
2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter: „buyer“) through the web interface located on the website available at www.txrmoto.cz/en/ (hereinafter „online store“).
3. The provisions of the terms and conditions form an integral part of the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
4. These terms and conditions and the purchase contract are concluded in the English language.
II. Information about Goods and Prices
5. Information about goods, including the prices of individual goods and their main characteristics, is provided for individual goods in the online store catalogue. Prices of goods include value added tax, all related charges and costs for returning goods if such goods cannot by their nature be returned by ordinary postal means. Prices of goods remain valid for the period during which they are displayed in the online store. This provision does not preclude concluding a purchase contract on individually agreed terms.
6. All presentation of goods placed in the online store catalogue is for information purposes only and the seller is not obliged to conclude a purchase contract in respect of such goods.
7. Information about costs associated with packaging and delivery of goods is published in the online store.
8. Any discounts from the purchase price of goods cannot be combined with each other unless the seller and buyer agree otherwise.
III. Order and Conclusion of Purchase Contract
9. Costs incurred by the buyer when using means of distance communication in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the buyer. These costs do not differ from the basic rate.
10. The buyer places an order for goods in the following ways:
• through their customer account, if they have previously registered in the online store,
• by completing the order form without registration.
11. When placing an order, the buyer selects goods, the number of units, the method of payment and delivery.
12. Before submitting the order, the buyer is able to check and change the data they have entered. The buyer submits the order to the seller by clicking the PLACE ORDER button. Data provided in the order are considered correct by the seller. The validity of the order is conditional on completing all mandatory fields in the order form and the buyer's confirmation that they have read these terms and conditions.
13. By submitting the order, the buyer confirms that the order is binding with an obligation to pay.
14. Immediately upon receipt of the order, the seller shall send the buyer a confirmation of receipt of the order to the e-mail address provided by the buyer when ordering. This confirmation is deemed to be the conclusion of the purchase contract. The current terms and conditions of the seller are attached to the confirmation.
15. If the seller is unable to fulfil any of the requirements stated in the order, it shall send the buyer a modified offer to their e-mail address. The modified offer is considered a new proposal for a purchase contract and the purchase contract is in such case concluded by the buyer's confirmation of acceptance of this offer to the seller's e-mail address stated in these terms and conditions.
16. All orders received by the seller are binding. The buyer may cancel the order until the order confirmation is delivered to the buyer by the seller. The buyer may cancel the order by telephone at the telephone number or e-mail of the seller stated in these terms and conditions.
17. If an obvious technical error occurred on the part of the seller in stating the price of goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer has been sent an automatic order confirmation under these terms and conditions. The seller shall inform the buyer of the error without undue delay and send the buyer a modified offer to their e-mail address. The modified offer is considered a new proposal for a purchase contract and the purchase contract is in such case concluded by the buyer's confirmation of acceptance to the seller's e-mail address.
IV. Customer Account
18. Based on the buyer's registration made in the online store, the buyer may access their customer account. From their customer account, the buyer may order goods. The buyer may also order goods without registration.
19. When registering a customer account and when ordering goods, the buyer is obliged to provide all details correctly and truthfully. The buyer is obliged to update the data in the user account whenever they change. Data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
20. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
21. The buyer is not entitled to allow third parties to use the customer account.
22. The seller may cancel the user account, in particular if the buyer no longer uses their user account, or if the buyer breaches their obligations under the purchase contract or these terms and conditions.
23. The buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the seller's hardware and software, or the necessary maintenance of third-party hardware and software.
V. Payment Terms and Delivery of Goods
24. The buyer may pay the price of goods and any costs associated with the delivery of goods under the purchase contract in the following ways:
• by non-cash bank transfer to the seller's account IBAN: CZ28 2010 0000 0025 0205 1632, SWIFT/BIC FIOBCZPPXXX held at FIO banka,
• by non-cash payment card,
• through the Shoptet Pay payment gateway (including Apple Pay and Google Pay),
• by cash on delivery upon handover of goods,
• by cash or payment card upon personal collection at the parcel pick-up point.
25. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include costs associated with the delivery of goods.
26. In the case of cash payment, the purchase price is due upon collection of the goods. In the case of non-cash payment, the purchase price is due within 7 days of the conclusion of the purchase contract.
27. In the case of payment through a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
28. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.
29. The seller does not require any advance payment or similar payment from the buyer in advance. Payment of the purchase price before dispatch of the goods is not an advance payment.
30. Goods are delivered to the buyer:
• to the address specified by the buyer in the order,
• through a parcel pick-up point to the address of the pick-up point specified by the buyer,
• by personal collection at the seller's place of business.
31. The choice of delivery method is made during the ordering of goods.
32. Costs of delivering goods depending on the method of dispatch and collection of goods are stated in the buyer's order and in the seller's order confirmation. If the method of transport is agreed on the basis of a special requirement of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
33. If the seller is obliged under the purchase contract to deliver goods to the location specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If, for reasons on the part of the buyer, the goods need to be delivered repeatedly or in a different manner than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods or costs associated with a different delivery method.
34. Upon collection of goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. If damage to the packaging indicating unauthorised access to the shipment is found, the buyer is not obliged to accept the shipment from the carrier.
35. The seller shall issue the buyer with a tax document – an invoice. The tax document is sent to the buyer's e-mail address.
36. The buyer acquires ownership of the goods upon payment of the full purchase price for the goods including delivery costs, but no earlier than upon collection of the goods.
37. Liability for accidental destruction, damage or loss of goods passes to the buyer at the moment of collection of the goods or at the moment when the buyer was obliged to collect the goods but failed to do so in breach of the purchase contract.
VI. Withdrawal from Contract
38. A buyer who has concluded a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.
39. The withdrawal period is 14 days:
• from the date of collection of the goods,
• from the date of collection of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts,
• from the date of collection of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
40. Among other things, the buyer cannot withdraw from the purchase contract:
• for the provision of services, if they were performed with the buyer's prior express consent before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case they have no right of withdrawal,
• for the supply of goods or services whose price depends on fluctuations in the financial market independently of the seller's will and which may occur during the withdrawal period,
• for the delivery of alcoholic beverages that can only be delivered after thirty days and whose price depends on fluctuations in the financial market independent of the seller's will,
• for the supply of goods that have been customised according to the buyer's wishes or for their person,
• for the supply of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery,
• for the supply of goods in sealed packaging which the buyer has removed from the packaging and which cannot be returned for hygiene reasons,
• for the supply of audio or video recordings or computer programs if the buyer has broken the original packaging,
• for the supply of newspapers, periodicals or magazines,
• for the supply of digital content if it was not delivered on a tangible medium and was delivered with the buyer's prior express consent before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case they have no right of withdrawal,
• in other cases listed in Section 1837 of the Civil Code.
41. To comply with the withdrawal period, the buyer must send the withdrawal notice within the withdrawal period.
42. To withdraw from the purchase contract, the buyer may use the electronic form available at www.txrmoto.cz/en/ or through the Retino system. The buyer shall send the withdrawal from the purchase contract to the seller's e-mail or postal address stated in these terms and conditions. The seller shall immediately confirm receipt of the form to the buyer.
43. A buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, including where the goods cannot be returned by ordinary postal means due to their nature.
44. If the buyer withdraws from the contract, the seller shall refund without undue delay, but no later than 14 days from withdrawal from the contract, all monies including delivery costs received from the buyer, in the same manner. The seller shall return the received monies to the buyer by another method only if the buyer agrees and if this does not result in additional costs for the buyer.
45. If the buyer chose a method of delivery other than the cheapest method offered by the seller, the seller shall refund the buyer the delivery costs in the amount corresponding to the cheapest delivery method offered.
46. If the buyer withdraws from the purchase contract, the seller is not obliged to refund the received monies to the buyer before the buyer hands over the goods or proves that the goods have been dispatched to the seller.
47. The buyer must return the goods to the seller undamaged, unworn and unsoiled and, if possible, in the original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
48. The seller is entitled to withdraw from the purchase contract due to stock depletion, unavailability of goods or when the manufacturer, importer or supplier of the goods has discontinued production or import of the goods. The seller shall immediately inform the buyer via the e-mail address stated in the order and shall, within 14 days of the notice of withdrawal from the purchase contract, refund all monies including delivery costs received from the buyer under the contract, in the same manner or in the manner specified by the buyer.
VII. Rights Arising from Defective Performance
49. The seller warrants to the buyer that the goods are free from defects upon collection. In particular, the seller warrants to the buyer that at the time the buyer collected the goods:
• the goods have the characteristics agreed by the parties, and in the absence of agreement, the characteristics described by the seller or the manufacturer or which the buyer expected given the nature of the goods and based on advertising carried out by them,
• the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are ordinarily used,
• the goods correspond in quality or workmanship to the agreed sample or template, if quality or workmanship was determined by reference to an agreed sample or template,
• the goods are in the appropriate quantity, measure or weight, and
• the goods comply with the requirements of legal regulations.
50. The seller's obligations arising from defective performance exist at least to the extent that the manufacturer's obligations arising from defective performance exist. The buyer is otherwise entitled to assert a right arising from a defect that appears in consumer goods within twenty-four months of collection.
51. If the goods being sold, their packaging, the instructions accompanying the goods or advertising in accordance with other legal regulations state a period during which the goods may be used, the provisions on quality warranty shall apply. Under the quality warranty, the seller undertakes that the goods will be fit for use for the ordinary purpose for a certain period or that they will retain their ordinary characteristics. If the buyer has legitimately pointed out a defect in the goods to the seller, the period for asserting rights arising from defective performance and the warranty period do not run for the period during which the buyer cannot use the defective goods.
52. The provisions set out in the preceding paragraph of the terms and conditions do not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear of goods caused by their ordinary use, to used goods for a defect corresponding to the degree of use or wear the goods had when collected by the buyer, or if it follows from the nature of the goods. The buyer has no right arising from defective performance if the buyer knew before collecting the goods that the goods had a defect, or if the buyer caused the defect themselves.
53. In the event of a defect, the buyer may lodge a complaint with the seller and demand:
• replacement with new goods,
• repair of the goods,
• a reasonable discount from the purchase price,
• withdrawal from the contract.
54. The buyer has the right to withdraw from the contract:
• if the goods have a material defect,
• if they cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
• in the case of a larger number of defects in the goods.
55. A breach of contract is material if the party in breach knew or should have known at the time of concluding the contract that the other party would not have concluded the contract had they foreseen such breach.
56. For a defect that constitutes a non-material breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to have the defect remedied or to a reasonable discount from the purchase price.
57. If a remediable defect has recurred after repair (usually the third complaint for the same defect or the fourth for different defects) or the goods have a larger number of defects (generally at least three defects simultaneously), the buyer has the right to demand a discount from the purchase price, replacement of the goods or to withdraw from the contract.
58. When lodging a complaint, the buyer is obliged to inform the seller of the right they have chosen. A change of choice without the seller's consent is only possible if the buyer requested repair of a defect that proves to be irremediable. If the buyer does not exercise their right arising from a material breach of contract in time, they have the same rights as in the case of a non-material breach of contract.
59. If repair or replacement of the goods is not possible, the buyer may, on the basis of withdrawal from the contract, demand a full refund of the purchase price.
60. If the seller proves that the buyer knew of the defect before collecting the goods or caused it themselves, the seller is not obliged to comply with the buyer's claim.
61. The buyer cannot make a complaint about discounted goods for the reason for which the goods are discounted.
62. The seller is obliged to accept a complaint at any place of business where acceptance of complaints is possible, or at the registered office or place of business. The seller is obliged to issue the buyer with written confirmation of when the buyer exercised the right, what the complaint contains and what method of resolution the buyer requires, as well as confirmation of the date and method of resolution of the complaint, including confirmation of the repair carried out and its duration, or a written statement of reasons for rejecting the complaint.
63. The seller or an authorised employee shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonably required, depending on the type of product or service, for professional assessment of the defect. The complaint, including rectification of the defect, must be resolved without undue delay, no later than 30 days from the date of lodging the complaint, unless the seller and the buyer agree on a longer period. The futile expiry of this period is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of lodging the complaint is considered to be the moment when the buyer's expression of will (assertion of the right arising from defective performance) reaches the seller.
64. The seller shall inform the buyer in writing of the outcome of the complaint.
65. The buyer has no right arising from defective performance if the buyer knew before collecting the item that the item had a defect, or if the buyer caused the defect themselves.
66. In the case of a justified complaint, the buyer has the right to reimbursement of costs purposefully incurred in connection with lodging the complaint. The buyer may assert this right with the seller within one month after the expiry of the warranty period, otherwise the court may not grant it.
67. The choice of method of complaint lies with the buyer.
68. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.
69. Further rights and obligations of the parties relating to the seller's liability for defects are governed by the seller's complaints procedure.
VIII. Delivery
70. The contracting parties may deliver all written correspondence to each other by electronic mail.
71. The buyer delivers correspondence to the seller to the e-mail address stated in these terms and conditions. The seller delivers correspondence to the buyer to the e-mail address stated in their customer account or in the order.
IX. Personal Data
72. All information provided by the buyer in cooperation with the seller is confidential and will be treated as such. Unless the buyer gives the seller written permission, the seller will not use the buyer's data in any way other than for the purpose of performing the contract, except for the e-mail address to which commercial communications may be sent, as this is permitted by law unless expressly refused. Such communications may only relate to similar or related goods and may be unsubscribed from at any time in a simple manner (by sending a letter, e-mail or clicking on a link in the commercial communication). The e-mail address will be retained for this purpose for 3 years from the conclusion of the last contract between the contracting parties.
73. More detailed information on personal data protection can be found in the Personal Data Protection Policy available on the seller's website.
74. We measure your satisfaction with your purchase through e-mail questionnaires as part of the Ověřeno zákazníky programme, to which our online store is connected. We send these to you every time you make a purchase with us, unless you refuse their sending within the meaning of Section 7(3) of Act No. 480/2004 Coll. on certain information society services. We process personal data for the purpose of sending questionnaires as part of the Ověřeno zákazníky programme on the basis of our legitimate interest, which consists in measuring your satisfaction with purchases from us. For sending questionnaires, evaluating your feedback and analysing our market position, we use a processor, which is the operator of the Heureka.cz portal; for these purposes, we may pass on information about purchased goods and your e-mail address to them. Your personal data are not passed to any third party for their own purposes when sending e-mail questionnaires. You may object to the sending of e-mail questionnaires as part of the Ověřeno zákazníky programme at any time by refusing further questionnaires using the link in the questionnaire e-mail. In the event of your objection, we will no longer send you the questionnaire.
X. Out-of-Court Dispute Resolution
75. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Praha 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from purchase contracts. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used for resolving disputes between the seller and the buyer arising from the purchase contract.
76. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
77. The seller is authorised to sell goods on the basis of a trade licence. Trade inspection is carried out within its competence by the relevant trade authority. The Czech Trade Inspection Authority supervises, within a defined scope, compliance with Act No. 634/1992 Coll., on consumer protection, among other things.
XI. Final Provisions
78. All agreements between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.
79. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.
80. All rights to the seller's website, in particular copyright to the content, including the page layout, photos, films, graphics, trademarks, logo and other content and elements, belong to the seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the seller's consent.
81. The seller is not responsible for errors arising from third-party interference with the online store or from its use contrary to its intended purpose. The buyer must not, when using the online store, use any procedures that could have a negative effect on its operation and must not carry out any activity that could enable the buyer or third parties to interfere with or make unauthorised use of the software or other components constituting the online store, or use the online store or its parts or software in a manner contrary to its intended purpose.
82. The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
83. The purchase contract including the terms and conditions is archived by the seller in electronic form and is not accessible.
84. The seller may amend or supplement the wording of the terms and conditions. The buyer will be informed of the change to the terms and conditions by e-mail to the address stated in the customer account or in the last order, at least 30 days before the new wording takes effect. Contracts concluded under a different version of the terms and conditions are governed by the conditions in force at the time the contract was concluded. This provision does not affect rights and obligations arising during the period of validity of the previous version of the terms and conditions.
These terms and conditions take effect on 14 May 2026.
The terms and conditions valid until 13 May 2026 are available HERE and terms and conditions valid until January 7, 2024, are available for viewing HERE.