These general terms and conditions (hereinafter the “Terms and Conditions“) apply to contracts concluded through the E-Moto Park online store operated at e-moto-park.com (hereinafter the “online store“) between the seller and the buyer.

1. Operator of the online store

Seller:
Radim Karczmarzyk
Guty 178
739 55 Třinec
Czech Republic
Company ID (IČO): 09428062
VAT ID (DIČ): CZ9301125394

Place of business, address for in-person pickup, warranty claims and returns:
E-Moto Park
Návsí 181
739 92 Návsí
Czech Republic

Contact details:
E-mail: [email protected]
Phone: +420 721 625 601

The address Guty 178, 739 55 Třinec is the seller’s registered office, not the place of business. For warranty claims, returns and in-person pickup please use primarily the place of business E-Moto Park, Návsí 181, 739 92 Návsí, unless we agree otherwise with you.

2. Introductory provisions

These Terms and Conditions define the mutual rights and obligations of the seller and the buyer arising in connection with a purchase contract concluded through the online store.

The buyer may be a consumer or a business. A consumer is a natural person who, outside the scope of their business activity or the independent exercise of their profession, concludes a contract with a business or otherwise deals with one. If the buyer provides a company ID when ordering or otherwise acts within the scope of their business activity, they are not considered a consumer and consumer protection does not apply to them to the extent laid down by law.

The legal relationship between the seller and the buyer is governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended, and, if the buyer is a consumer, also Act No. 634/1992 Coll., on consumer protection, as amended.

By submitting an order, the buyer confirms that they have read these Terms and Conditions, understand them and agree to them.

3. Ordering goods and conclusion of the purchase contract

The buyer may place an order through the online store or in another way permitted by the seller. The order must contain all the information required by the order form, in particular the identification of the buyer, contact details, the selected goods, the payment method and the delivery method.

Before submitting the order, the buyer can check and change the information they have entered. The order shows the total price including taxes and any delivery costs according to the chosen delivery method.

By submitting the order, the buyer makes a binding proposal to conclude a purchase contract. The automatic confirmation that the order has been received by the system does not constitute acceptance of the order by the seller, unless its content indicates otherwise.

The purchase contract is concluded at the moment the seller confirms acceptance of the order to the buyer, or at the moment the goods are dispatched to the buyer, or at the moment the buyer takes delivery of the goods, whichever occurs first.

The seller is entitled to contact the buyer to verify the order, the availability of the goods, the delivery time or to complete missing information. If the buyer cannot be contacted or does not provide the necessary cooperation, the seller may cancel the order.

4. Order cancellation

The buyer may cancel the order before it is accepted by the seller without giving a reason. After the order has been accepted, it may be cancelled only by agreement with the seller, unless otherwise provided below or unless the buyer has another right under the law.

If the seller is unable to deliver the ordered goods under the originally stated conditions, in particular because the goods are unavailable, production has ended, the supplier’s price has changed or another objective obstacle has arisen, the seller will inform the buyer and propose a further course of action. The buyer may accept the change or cancel the order.

If the buyer has already paid the purchase price or part of it and the order is cancelled, the seller will refund the amount received without undue delay, usually in the same way the payment was received, unless the parties agree otherwise.

5. Price of goods and payment terms

The seller is a VAT payer. Prices of goods are stated including VAT unless expressly stated otherwise. For goods subject to a recycling or other statutory fee, this fee is included in the price or shown separately.

The buyer may pay the purchase price and any delivery costs using the methods shown in the online store and in the order form. These may include in particular:

• cash on delivery when taking delivery of the goods;
• bank transfer to the seller’s bank account;
• online card payment;
• cash or card payment on in-person pickup, where this method is available;
• payment through instalment or deferred financing, where this method is available for the specific order.

The specific payment methods available, the fees associated with individual payment methods and other conditions are shown in the online store and in the order form.

When paying by bank transfer, the buyer must pay the purchase price according to the seller’s instructions. The goods will usually be dispatched only after the payment has been credited to the seller’s account, unless agreed otherwise.

The tax document will be issued to the buyer in electronic form and sent to the e-mail address stated in the order, or handed over together with the goods.

6. Delivery terms

The seller delivers goods using the methods shown in the online store and in the order form. The buyer selects the specific delivery method when ordering.

The delivery time depends on the availability of the goods, the chosen delivery method and the payment method. For goods in stock, the seller usually dispatches the goods on the next working day after the order is confirmed or, for orders paid in advance, after the payment is credited. For goods that are not in stock or are ordered from a supplier, the buyer will be informed of the expected delivery time.

The goods are considered delivered at the moment they are delivered to the buyer or the buyer is given the opportunity to collect them at the agreed pickup location.

On taking delivery, the buyer must check that the transport packaging is intact. If the packaging is damaged, we recommend drawing up a record of the damaged parcel with the carrier, or refusing the parcel if the damage suggests that the goods are damaged. This does not affect the buyer’s rights arising from defective performance.

If the buyer fails to take delivery of the goods without reason, this does not automatically constitute withdrawal from the contract. The seller may claim from the buyer reimbursement of the reasonable costs of repeated delivery, storage or return of the parcel, where such a claim arises under the law.

7. Withdrawal from the purchase contract by a consumer

If you are a consumer, you may withdraw from a purchase contract concluded through the online store without giving a reason within 14 days of the day you take delivery of the goods. If the delivery is split into several parts, the period runs from the day you take delivery of the last part.

To withdraw from the contract you may use in particular:

• the online withdrawal form available on the page Withdrawal Form;
• the model form and the information provided on the page Information on Withdrawal from the Contract;
• a notice sent by e-mail to [email protected];
• a notice sent to the address of the place of business E-Moto Park, Návsí 181, 739 92 Návsí, Czech Republic.

To meet the deadline, it is sufficient to send the withdrawal before the 14-day period expires.

If you use the online withdrawal form, we will send you a confirmation of receipt of the withdrawal without undue delay to the e-mail address stated in the form or in the order. The confirmation will contain in particular the details of the withdrawal and the date and time of its receipt.

Using the online form is not mandatory. A consumer may also withdraw from the contract by any other unambiguous statement made to the seller.

Returning goods on withdrawal

If you withdraw from the contract, you must return the goods without undue delay, no later than 14 days from the day of withdrawal, to the place of business E-Moto Park, Návsí 181, 739 92 Návsí, Czech Republic, unless we agree otherwise with you.

Do not send the goods cash on delivery; we are not obliged to accept them in this way.

The costs of returning the goods on withdrawal are borne by the buyer, unless the buyer agrees otherwise with the seller or the seller states that it will bear these costs itself.

We recommend enclosing a copy of the proof of purchase, the order number or other information that allows the order to be identified. Failure to provide these documents does not prevent the withdrawal from being processed if the order and the buyer can be identified in another way.

Refunds on withdrawal

If you withdraw from the contract, we will refund to the consumer all payments received from them under the contract, including the costs of delivering the goods to them, without undue delay and no later than 14 days from the withdrawal.

If you chose a delivery method other than the cheapest one we offer, we will refund the delivery costs only up to the amount corresponding to the cheapest delivery method offered.

We are not obliged to refund the payments before you return the goods to us or prove that you have sent them back to us.

We will refund the payments using the same method we received them, unless we agree with you on another method of refund and provided you do not incur any additional costs as a result.

Condition of returned goods

The consumer is liable only for any diminished value of the goods resulting from handling them in a way other than necessary to establish their nature, characteristics and functioning.

We recommend returning the goods in their original packaging where possible, mainly to protect them during transport. However, returning the goods in the original packaging is not a condition for exercising the right of withdrawal, unless the law provides otherwise.

When withdrawal is not possible

In accordance with Section 1837 of the Czech Civil Code, it is not possible to withdraw, among others, from a contract:

• for the supply of goods made to the consumer’s specifications or personalised for them;
• for the supply of goods that are perishable or that have been irreversibly mixed with other goods after delivery;
• for the supply of goods in sealed packaging that the consumer has removed from the packaging and that cannot be returned for hygiene reasons;
• for the supply of an audio or video recording or computer software in sealed packaging, if the consumer has broken the seal;
• in other cases laid down by law.

8. Rights arising from defective performance and warranty claims

The seller is liable to the buyer that the goods are free of defects on delivery and conform to the contract. The buyer’s rights arising from defective performance are governed by the Czech Civil Code, in particular Sections 1914 to 1925, Sections 2099 to 2117 and, if the buyer is a consumer, Sections 2158 to 2174 of the Civil Code.

A consumer may claim a defect that appears in the goods within two years of delivery. If a defect appears within one year of delivery, the goods are deemed to have been defective on delivery, unless the nature of the goods or the defect precludes this.

You can make a warranty claim in particular by e-mail at [email protected], in writing or in person at the place of business E-Moto Park, Návsí 181, 739 92 Návsí, Czech Republic.

The claim, including remedying the defect, will be settled without undue delay and no later than 30 days from the day the claim is made, unless we agree on a longer period with the buyer.

A more detailed claims procedure may be set out in separate complaints rules, if available in the online store. The provisions of this article are not affected by this.

9. Manufacturer’s warranty, batteries and limitation of liability for defects

If the manufacturer provides a separate quality guarantee for the goods, this guarantee is governed by the manufacturer’s conditions. The manufacturer’s guarantee does not replace the consumer’s statutory rights arising from defective performance against the seller and does not limit these rights in any way.

With batteries and accumulators, it must be expected that their capacity gradually decreases with normal use, charging and ageing. A natural decrease in capacity caused by normal use is not in itself a defect of the goods.

Rights arising from defective performance do not cover defects of a battery or accumulator caused in particular by incorrect charging, deep discharge, use of an unsuitable charger, overloading, mechanical damage, ingress of water or other contaminants, storage in unsuitable temperature or humidity conditions, unprofessional intervention or use contrary to the instructions, technical parameters or purpose of the goods.

Special technical conditions for use, maintenance, storage and charging, set out in the instructions, the manufacturer’s documentation or the online store, may apply to some components, in particular batteries, motors, controllers, displays, chargers and other parts.

Rights arising from defective performance do not cover defects caused in particular by:

• incorrect assembly, unprofessional modification or unprofessional servicing;
• use contrary to the instructions, technical parameters or purpose of the goods;
• overloading, use of an unsuitable battery, unsuitable voltage or incompatible components;
• ingress of water, mud, chemicals or other contaminants, where this occurred as a result of use contrary to the instructions or purpose of the goods;
• unsuitable storage, insufficient maintenance, mechanical damage or an accident;
• normal wear and tear caused by ordinary use;
• use for racing, stunt, extreme, commercial or other excessively demanding purposes, unless the goods are expressly intended for such use.

This does not affect the consumer’s statutory rights arising from defective performance where the defect is one for which the seller is liable under the law.

10. Personal data protection

The seller processes the personal data of buyers in particular for the purpose of processing orders, performing the purchase contract, keeping accounting and tax records, handling warranty claims and complying with legal obligations.

Detailed information on the processing of personal data is provided in our separate Privacy Policy available in the online store.

The seller does not process personal data for the purpose of sending commercial communications without a legal basis under the applicable legislation. The buyer may opt out of receiving commercial communications at any time.

11. Discount coupons

A discount coupon issued by the seller may be redeemed only under the conditions stated for the specific coupon or promotion. Unless stated otherwise, discount coupons cannot be combined with each other or exchanged for cash.

12. Financing and instalment sales

If the seller allows payment through instalment sales, deferred payment or other third-party financing, such a payment method is governed by the terms of the relevant financing provider. Before using this service, the buyer must familiarise themselves with the financing provider’s terms.

The seller is not a provider of consumer credit unless expressly stated otherwise.

13. Take-back of electrical equipment and batteries

Electrical equipment, batteries and accumulators do not belong in ordinary household waste. Unusable electrical equipment and used batteries or accumulators must be handed over for environmentally sound processing in accordance with the law.

You can hand in used batteries and accumulators at the place of business E-Moto Park, Návsí 181, 739 92 Návsí, Czech Republic, provided that their take-back is possible with regard to their type and condition. If in doubt, please contact us in advance.

When transporting batteries, follow these instructions in particular:

• prevent short-circuiting of the battery terminals;
• prevent mechanical damage to the battery;
• store and transport the battery in a dry and cool place;
• leave the protective covers on the terminals, if available;
• never dispose of the battery in ordinary waste;
• prevent the battery from moving during transport.

14. Out-of-court resolution of consumer disputes

If you are a consumer and a consumer dispute arising from the purchase contract arises between us that we are unable to resolve by mutual agreement, you may submit a proposal for out-of-court resolution of the dispute to the designated body for out-of-court resolution of consumer disputes, which is:

Czech Trade Inspection Authority (Česká obchodní inspekce)
Central Inspectorate – ADR Department
Gorazdova 1969/24
120 00 Praha 2
Czech Republic
E-mail: [email protected]
Web: https://coi.gov.cz/informace-o-adr/

A proposal for out-of-court resolution of a consumer dispute may be submitted no later than 1 year from the day you first exercised with us the right that is the subject of the dispute.

This does not affect your right to bring your claim before the competent court.

15. Copyright and use of the online store

The content of the online store, in particular texts, photographs, images, graphics, logos and other elements, is protected by copyright or the rights of third parties. Without the consent of the seller or the entitled person, the content may not be copied, distributed, modified or used for purposes other than those for which it is intended.

Neither the buyer nor any other user of the online store may use practices that could disrupt the functionality or security of the online store or place an unreasonable load on it.

16. Final provisions

These Terms and Conditions form an integral part of the purchase contract concluded between the seller and the buyer through the online store.

The seller may amend or supplement these Terms and Conditions. The version of the Terms and Conditions in effect at the time the purchase contract is concluded is decisive for the buyer.

If any provision of these Terms and Conditions is invalid, ineffective or unenforceable, this does not affect the validity, effectiveness or enforceability of the remaining provisions.

These Terms and Conditions are valid and effective from 15 June 2026.

This is an English translation of the Czech Terms and Conditions (Podmínky a pravidla). In the event of any discrepancy between the two versions, the Czech version prevails.