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Terms and Conditions :: JAWAPARTS.COM

Terms and Conditions

Natural person Jan Jelínek

with registered office at Na Honech I 5537, 760 05 Zlín,

Company ID No.: 65360559

registered in the Trade Register maintained by the Magistrate of the City of Zlín

for the sale of goods through the online store located at JAWAPARTS.COM

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter the “Terms and Conditions”) of the natural person Jan Jelínek, with registered office at Na Honech I 5537, Company ID No.: 65360559, registered in the Trade Register of the Magistrate of the City of Zlín (hereinafter the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the mutual rights and obligations of the contractual parties arising in connection with or on the basis of a purchase agreement (hereinafter the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter the “Buyer”) via the Seller’s online store. The online store is operated by the Seller on the website located at JAWAPARTS.COM (hereinafter the “Website”), through the Website interface (hereinafter the “Online Store Interface”).

1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person who acts when ordering goods within the scope of their business activity or within the scope of their independent professional practice.

1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Agreement. Deviating provisions in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.

1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.

1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations that arose during the effectiveness of the previous wording of the Terms and Conditions.

2. USER ACCOUNT

2.1. Based on the Buyer’s registration on the Website, the Buyer may access their user interface. From the user interface, the Buyer may place orders for goods (hereinafter the “User Account”). If enabled by the Online Store Interface, the Buyer may also place orders without registration directly via the Online Store Interface.

2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the information in the User Account upon any change. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to keep confidential the information necessary for access to their User Account.

2.4. The Buyer is not entitled to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account, especially if the Buyer does not use the User Account for more than 24 months, or if the Buyer breaches their obligations under the Purchase Agreement (including these Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be continuously available, in particular with regard to necessary maintenance of the Seller’s hardware and software equipment, or necessary maintenance of third parties’ hardware and software equipment.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. Any presentation of goods placed in the Online Store Interface is for information purposes only and the Seller is not obliged to conclude a Purchase Agreement regarding such goods. Section 1732(2) of the Civil Code shall not apply.

3.2. The Online Store Interface contains information about the goods, including the prices of individual goods and the costs of returning the goods, if by their nature such goods cannot be returned by ordinary postal services. The prices of goods are stated including value added tax and all related fees. The prices remain valid for the period during which they are displayed in the Online Store Interface. This provision does not limit the Seller’s ability to conclude a Purchase Agreement under individually negotiated terms.

3.3. The Online Store Interface also contains information about the costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery stated in the Online Store Interface applies only where goods are delivered within the territory of the Czech Republic and the Slovak Republic.

3.4. To order goods, the Buyer completes the order form in the Online Store Interface. The order form contains in particular information about:

3.4.1. the ordered goods (the Buyer “places” the ordered goods into the electronic shopping cart of the Online Store Interface),

3.4.2. the method of payment of the purchase price of the goods, information about the requested method of delivery of the ordered goods, and

3.4.3. information about the costs associated with delivery of the goods (hereinafter collectively the “Order”).

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order, including with regard to the Buyer’s ability to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking the button “Order with obligation to pay.” The data stated in the Order is considered correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer without undue delay by e-mail to the Buyer’s e-mail address stated in the User Account or in the Order (hereinafter the “Buyer’s E-mail Address”).

3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, expected transport costs), to request the Buyer to additionally confirm the Order (for example in writing or by phone).

3.7. The contractual relationship between the Seller and the Buyer is established upon delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s E-mail Address.

3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. The costs incurred by the Buyer when using remote communication means in connection with concluding the Purchase Agreement (costs of internet connection, costs of telephone calls) are borne by the Buyer, and such costs do not differ from the basic rate.

3.9. The online store provides access to product reviews by other consumers. The authenticity of these reviews is ensured by linking reviews to specific orders; therefore, it is not possible to review goods without placing an order. In this way, we are able to verify and demonstrate that the review comes from a real consumer.

3.10. We determine your satisfaction with your purchase through e-mail questionnaires within the “Verified by Customers” programme, in which our online store participates. We send these questionnaires after each purchase, unless you refuse to receive them within the meaning of Section 7(3) of Act No. 480/2004 Coll., on certain information society services. The processing of personal data for the purpose of sending questionnaires within the “Verified by Customers” programme is carried out on the basis of our legitimate interest, which is to determine your satisfaction with shopping with us and to improve our services. For sending questionnaires, evaluating feedback and analysing our market position, we use a processor, Heureka Shopping s.r.o., as the operator of the Heureka.cz portal; for these purposes we may provide it with information about the goods you purchased and your e-mail address. Heureka Shopping s.r.o. is an independent controller of personal data and processes the data in accordance with its personal data processing principles published on its website. You may object to the sending of e-mail questionnaires within the “Verified by Customers” programme at any time – either by refusing further questionnaires using the link in each such e-mail, or by setting the relevant opt-out according to the instructions on the Heureka.cz portal. If you object, questionnaires will no longer be sent to you.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the price of the goods and any costs associated with delivery of the goods under the Purchase Agreement to the Seller in the following ways:

  • in cash at the Seller’s premises at Santražiny 5342, 760 01 Zlín, Czech Republic;
  • cash on delivery at the place specified by the Buyer in the Order;
  • by non-cash bank transfer to the Seller’s CZK account No. 297435936/0300, held with Československá obchodní banka, a. s. (ČSOB) (hereinafter the “Seller’s Account”);
  • by non-cash bank transfer to the Seller’s EUR account IBAN SK1975000000004022513171, held with Československá obchodná banka, a. s. (ČSOB) (hereinafter the “Seller’s Account”);
  • by non-cash payment via the payment system Comgate a.s.;
  • by payment card;
  • via a loan provided by a third party.

4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.

4.3. The Seller does not require any advance payment or similar payment from the Buyer. This shall not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.

4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days from the conclusion of the Purchase Agreement.

4.5. In the case of non-cash payment, the Buyer is obliged to pay the purchase price together with the payment reference (variable symbol). In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled upon crediting the relevant amount to the Seller’s Account.

4.6. The Seller is entitled, especially if the Buyer fails to additionally confirm the Order (Article 3.6), to require payment of the full purchase price before dispatching the goods to the Buyer. Section 2119(1) of the Civil Code shall not apply.

4.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

4.8. If customary in commercial practice or required by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer for payments made under the Purchase Agreement. The Seller is a VAT payer. The Seller shall issue the tax document – invoice – after payment of the price of the goods and shall send it in electronic form to the Buyer’s E-mail Address.

4.9. Under the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received sales with the tax administrator online; in the event of a technical outage, no later than within 48 hours.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a Purchase Agreement for the supply of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person, from a Purchase Agreement for the supply of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from a Purchase Agreement for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons, and from a Purchase Agreement for the supply of audio or video recordings or computer programs, if the original packaging has been damaged.

5.2. If it is not a case referred to in Article 5.1 of the Terms and Conditions or another case where withdrawal from the Purchase Agreement is not possible, the Buyer has, in accordance with Section 1829(1) of the Civil Code, the right to withdraw from the Purchase Agreement within fourteen (14) days from receipt of the goods; where the subject of the Purchase Agreement is several types of goods or delivery of several parts, the period runs from the date of receipt of the last delivery of goods. The withdrawal must be sent to the Seller within the period stated in the previous sentence. For withdrawal, the Buyer may use the sample form provided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send the withdrawal, inter alia, to the Seller’s premises address or to the Seller’s e-mail address: shop@jawaparts.com.

5.3. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Purchase Agreement is cancelled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by ordinary postal services due to their nature.

5.4. In the event of withdrawal pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days from the withdrawal, in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, if the Buyer agrees and no additional costs arise for the Buyer. If the Buyer withdraws, the Seller is not obliged to return the received funds before the Buyer returns the goods to the Seller or proves that the goods have been dispatched to the Seller.

5.5. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.

5.6. In cases where the Buyer has the right to withdraw under Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer takes delivery of the goods. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, by non-cash transfer to the account designated by the Buyer.

5.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutory condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement regarding such gift becomes ineffective and the Buyer is obliged to return the provided gift together with the goods to the Seller.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If the method of transport is agreed based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such method of transport.

6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery.

6.3. If, due to reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than stated in the Order, the Buyer is obliged to reimburse the costs associated with repeated delivery of the goods, or the costs associated with another method of delivery.

6.4. Upon taking delivery of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in the event of any defects, to notify the carrier without undue delay. If a breach of the packaging indicating unauthorised entry into the shipment is found, the Buyer is not obliged to accept the shipment from the carrier.

6.5. Further rights and obligations of the parties during transport may be regulated by the Seller’s special delivery conditions, if issued by the Seller.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contractual parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the Seller is liable that at the time the Buyer took over the goods:

7.2.1. the goods have the properties agreed by the parties, and if no agreement exists, such properties as described by the Seller or manufacturer or expected by the Buyer with regard to the nature of the goods and on the basis of advertising carried out by them,

7.2.2. the goods are fit for the purpose stated by the Seller for their use or for which goods of this type are usually used,

7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

7.2.4. the goods are in the appropriate quantity, measure or weight, and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by ordinary use, to used goods with defects corresponding to the degree of use or wear the goods had upon receipt by the Buyer, or if it results from the nature of the goods.

7.4. If a defect becomes apparent within six months of receipt, it is presumed that the goods were defective upon receipt. The Buyer is entitled to exercise rights from a defect that occurs in consumer goods within twenty-four months of receipt.

7.5. The Buyer shall exercise rights from defective performance with the Seller at the address of the Seller’s premises where receipt of complaints is possible with regard to the assortment of goods sold, or at the registered office or place of business.

7.6. Further rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaints procedure.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

8.1. The Buyer acquires ownership of the goods upon payment of the full purchase price.

8.2. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

8.3. The Seller handles consumer complaints via the e-mail address shop@jawaparts.com. The Seller shall send information about the handling of the Buyer’s complaint to the Buyer’s e-mail address.

8.4. The competent body for out-of-court settlement of consumer disputes arising from the Purchase Agreement is the Czech Trade Inspection Authority (Česká obchodní inspekce), with registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from the Purchase Agreement.

8.5. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 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 online dispute resolution for consumer disputes).

8.6. 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 licensing office. Supervision in the field of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority also carries out, within the defined scope, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9. PERSONAL DATA PROTECTION

9.1. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the “GDPR”), related to the processing of the Buyer’s personal data for the purposes of performance of the Purchase Agreement, for the purposes of negotiations on the Purchase Agreement and for the purposes of fulfilling public law obligations of the Seller, by means of a separate document.

10. SENDING OF COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES

10.1. The Buyer agrees to receiving information related to the goods, services or business of the Seller at the Buyer’s e-mail address and further agrees to receiving commercial communications sent by the Seller to the Buyer’s e-mail address. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer’s personal data for the purposes of sending commercial communications by means of a separate document.

10.2. The Buyer agrees to the storage of so-called cookies on their computer. If a purchase on the Website can be made and the Seller’s obligations under the Purchase Agreement can be fulfilled without storing cookies on the Buyer’s computer, the Buyer may withdraw the consent pursuant to the previous sentence at any time.

11. DELIVERY OF NOTICES

11.1. Notices may be delivered to the Buyer to the Buyer’s e-mail address.

11.2. A notice shall also be deemed delivered if the addressee refused acceptance, if it was not collected within the storage period, or if it was returned as undeliverable.

11.3. The contractual parties may deliver ordinary correspondence to each other by e-mail, to the e-mail address stated in the Buyer’s User Account or stated by the Buyer in the Order, or to the address stated on the Seller’s Website.

12. FINAL PROVISIONS

12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By choosing the law pursuant to the previous sentence, the Buyer who is a consumer is not deprived of the protection provided to them by provisions of the legal order from which it is not possible to contractually deviate and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3. The Purchase Agreement including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.

12.4. An annex to the Terms and Conditions is the sample withdrawal form from the Purchase Agreement.

12.5. Seller’s contact details: address for service: MOTOJELINEK.CZ, Santražiny 5342, 760 01 Zlín, e-mail shop@jawaparts.com.

In Zlín on 1 December 2025

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