Terms and Conditions
GENERAL TERMS AND CONDITIONS
1. Seller Identification
Seller and operator of the online store:
Jaroslav Prokeš
Atletická 2224
356 01 Sokolov
Czech Republic
Company ID (IČ): 69277257
VAT ID: CZ6909211903
Telephone: +420 608 835 829
E-mail: info@prokes-auto.cz
Sole trader operating under Czech trade licensing law and registered in the Czech Trade Register.
Competent trade licensing authority pursuant to Section 71(2) of the Czech Trade Licensing Act: Městský úřad Sokolov (Sokolov Municipal Authority).
Hereinafter referred to as the “Seller”.
2. Scope and Contractual Basis
These General Terms and Conditions govern the rights and obligations between the Seller and the Buyer in connection with the sale of goods through the online store.
The Buyer may be a consumer (B2C) or a business customer (B2B).
A consumer is a natural person acting outside their trade, business or independent professional activity.
A business customer is a person entering into the contract in connection with their business or independent professional activity.
Mandatory consumer protection provisions remain applicable and are not restricted by these Terms and Conditions.
The Buyer has the opportunity to review these Terms and Conditions before submitting an order.
3. Orders and Conclusion of Contract
The presentation of goods in the online store generally constitutes an invitation to submit an order.
By submitting an order, the Buyer makes a binding offer to conclude a purchase contract.
The purchase contract is concluded when the Seller accepts or confirms the order.
The Seller may refuse an order in particular where:
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the goods are unavailable,
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there is an obvious pricing or product information error,
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payment has not been properly completed,
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or another legitimate reason prevents fulfilment of the order.
Any payment already received for an order that is not accepted will be refunded without undue delay.
4. Prices and Payment
Prices displayed in the online store include the applicable VAT unless expressly stated otherwise.
Available payment methods are displayed during the checkout process.
Payment is generally due before dispatch unless expressly agreed otherwise.
5. Delivery and Transfer of Risk
Goods are delivered to the delivery address specified by the Buyer.
Consumers (B2C)
For consumers, the risk of loss of or damage to the goods generally passes to the consumer when the consumer or a third party designated by the consumer, other than the carrier, takes physical possession of the goods.
Where the consumer independently appoints a carrier not offered by the Seller, the applicable statutory provisions apply.
Consumers are requested to have any visible transport damage documented by the carrier upon delivery where reasonably possible and to inform the Seller without undue delay.
Failure or delay in making such a report does not in itself result in the loss of the consumer's statutory rights.
Business customers (B2B)
For business customers, the applicable statutory provisions and any individually agreed terms apply with respect to transfer of risk, inspection and notification of defects.
6. Retention of Title
The goods remain the property of the Seller until full payment has been received.
7. Defects, Legal Guarantee and Complaints
Consumers
Consumers have the statutory rights applicable to defective goods or goods that do not conform to the contract.
The Seller is liable for conformity of the goods to the extent required by applicable law.
Subject to the applicable statutory conditions, remedies may include repair or replacement and, where applicable, an appropriate price reduction or termination of the contract.
Any voluntary manufacturer's commercial guarantee does not restrict the consumer's statutory rights.
Professional installation and diagnostics
For technical products whose proper operation depends on professional installation, wiring, adjustment or commissioning, the Seller may request reasonable information and documentation necessary to determine the cause of an alleged defect.
Depending on the product, this may include:
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description of the fault,
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photographs or video,
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error codes,
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measured values,
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installation and wiring information,
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diagnostic reports,
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where appropriate, evidence of professional installation.
In particular, for parking heaters, air-conditioning systems, compressors, electronic control units and related components, a diagnostic report may be requested where objectively necessary to determine the cause of the fault and where it is reasonable to require it from the consumer.
Failure to provide such documentation does not automatically result in the loss of the consumer's statutory rights.
Statutory defect rights do not cover damage or malfunctions demonstrably caused by improper installation, incorrect wiring, external mechanical damage, misuse, normal wear and tear, or use contrary to the manufacturer's instructions where the issue is not the result of a lack of conformity existing at the time risk passed to the consumer.
The goods may be technically examined by the Seller, manufacturer or an authorised service centre. Mandatory statutory consumer rights remain unaffected.
Business customers
For B2B customers, applicable statutory provisions and any expressly agreed warranty or defect terms apply.
Different periods or conditions may apply to B2B contracts where legally permissible and expressly agreed.
8. Liability
The Seller is liable to consumers in accordance with mandatory applicable law.
Nothing in these Terms and Conditions limits statutory consumer rights where such limitation is prohibited by law.
The Seller is not liable for damage caused exclusively and demonstrably by improper installation, incorrect wiring or use contrary to the manufacturer's instructions where the Seller is not responsible for those circumstances.
Separate limitations of liability may be agreed with business customers where legally permitted.
9. Consumer Right of Withdrawal
9.1 Withdrawal period
A consumer entering into a distance contract generally has the right to withdraw from the contract within 14 days without giving any reason, unless a statutory exception applies.
For contracts for the sale of goods, the withdrawal period generally begins on the day on which the consumer or a third party designated by the consumer, other than the carrier, takes physical possession of the goods.
Where several goods forming part of a single order are delivered separately, the period generally begins upon receipt of the last item.
9.2 Exercising the right of withdrawal
To make exercising the right of withdrawal easy, the Seller provides an integrated electronic withdrawal function in the online store via the “Withdraw from contract” button.
The button is available in particular in the order details and other designated areas of the online store.
The consumer may use this function to enter the necessary information and submit the withdrawal electronically. Receipt of an electronically submitted withdrawal will be confirmed electronically without undue delay, in particular by e-mail.
The consumer may also exercise the right of withdrawal by making any other unequivocal statement to the Seller, for example by e-mail or post.
It is sufficient for the withdrawal statement to be sent before the withdrawal period expires.
9.3 Returning the goods
Following withdrawal, the consumer must return or hand over the goods without undue delay and no later than 14 days after exercising the right of withdrawal.
Return address:
Jaroslav Prokeš
Malé náměstí 2270
356 01 Sokolov
Czech Republic
The consumer bears the direct cost of returning the goods, unless the Seller has expressly agreed otherwise or is required by law to bear those costs.
For an ordinary exercise of the right of withdrawal, the Seller is therefore not required to provide a prepaid return shipping label.
This does not affect the consumer's statutory rights in relation to defective or non-conforming goods.
9.4 Examination and diminished value
The consumer may handle the goods to the extent necessary to establish their nature, characteristics and functioning.
The consumer is liable only for any diminished value resulting from handling beyond what is necessary for this purpose.
The goods should be returned complete and suitably packaged to protect them during transport.
The absence of the original packaging alone does not result in the loss of the right of withdrawal.
9.5 Refund
Following a valid withdrawal, the Seller will reimburse all payments received from the consumer in connection with the withdrawn contract, including the cost of the original standard delivery.
Where the consumer selected a more expensive delivery method than the least expensive standard delivery offered by the Seller, the Seller is not required to reimburse the additional delivery cost.
The refund will be made without undue delay and no later than 14 days after the Seller is informed of the withdrawal.
The Seller may withhold the refund until the goods have been received back or until the consumer provides evidence that the goods have been returned, whichever occurs first.
The refund will generally be made using the same means of payment used for the original transaction unless expressly agreed otherwise and provided that the consumer incurs no additional costs.
9.6 Exceptions
The right of withdrawal does not apply in cases excluded by applicable law.
This includes, in particular, goods made to the consumer's specifications or clearly personalised, as well as other goods or services excluded from the statutory right of withdrawal.
Business customers
Business customers do not have the statutory consumer right to withdraw from a contract without giving a reason.
Returns by B2B customers are possible only where expressly agreed with the Seller.
10. Governing Law and Disputes
The contractual relationship is governed by the laws of the Czech Republic.
For consumer contracts, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law that would otherwise apply.
Mandatory statutory rules concerning jurisdiction apply to consumer disputes.
For business customers, jurisdiction at the Seller's registered place of business may be agreed where legally permissible.
11. Final Provisions
If any provision of these Terms and Conditions is invalid or unenforceable, the remaining provisions remain unaffected to the extent permitted by law.
The Seller may amend these Terms and Conditions for future contracts.
Contracts already concluded are generally governed by the version of the Terms and Conditions agreed at the time the contract was concluded.
Effective from: 1. September 2026