Terms and Conditions

1. Terms and Conditions of Entry

1.1 These terms and conditions define the relationship between our company: MOTION TRADE s.r.o, as the seller and operator of the e-shop at www.parkoff.eu you, our customer, who concludes a purchase contract with us.

1.2 These terms and conditions apply primarily to the purchase of goods in our e-shop, via e-mail or by telephone.

2. Conclusion of a Purchase Contract

2.1 You can conclude a purchase contract with us via an e-shop, by e-mail or by telephone.

2.2 If a purchase contract is concluded, the order submitted on the website, by e-mail or by telephone constitutes an offer to conclude a purchase contract. The order is binding for a period of 2 working days. We will confirm receipt by e-mail. The purchase contract is then concluded by our acceptance of the offer in the form of dispatch of the goods. We will inform you about the dispatch of the goods by email.

We need this data to process your order:

  • First and last name, when purchasing as a company also ID no. and VAT ID no.;
  • E-mail address, postal address, billing address, telephone number, bank details, payment details;
  • Information about the products purchased, the scope of services provided and the customer segment;
  • Product number;
  • Quantity;
  • Price;
  • Delivery conditions (if the delivery location is not specified, the home address is used);
  • Payment terms;

If the order does not contain the required data, it will not be considered a proper order and it will not be possible to confirm it as it was sent by the buyer. In this case, the seller will immediately contact the buyer by phone or email to remedy the deficiencies of the order.

The order can also be placed by telephone. In this case, the order form is completed on the basis of the Buyer's telephone order and sent by the Seller on behalf of the Buyer. An order placed in this way shall be deemed to be an order placed by the Buyer and shall also be subject to all provisions of these GTC.

2.3 The order will be confirmed to the Seller by e-mail. By placing the order, the Buyer confirms that it has read these GTC and agrees to them. The buyer is entitled to cancel the order within 24 hours of sending it by email to info@parkoff.eu, but only if the cancellation of the order has been delivered to the seller before the seller has sent the buyer a confirmation.

2.4 Upon delivery of the order, the seller will confirm receipt to the buyer without undue delay (usually within 24 hours of receipt). The confirmation of receipt of the order usually includes a confirmation of the order itself. The Seller is authorised to confirm the order separately.

2.5 Delivery of the order to the Seller shall constitute a purchase agreement between the Parties (hereinafter also referred to as the "Agreement"). At the same time, the valid offer of goods published on the website www.parkoff.eu is subject to the exhaustion of stocks or the loss of the Seller's capacity.

2.6 The Seller is authorised not to confirm the order or its part and at the same time to withdraw from the Contract or its part in these cases:

  • the goods are no longer manufactured;
  • the goods are no longer delivered;
  • the goods are already sold out;
  • the price of the supplier of the goods has changed significantly;
  • there is another relevant reason why the seller cannot fairly be required to confirm the order and fulfil the contract;

In this case, the seller will contact the buyer immediately to agree further action. If the buyer has already paid the purchase price in part or in full and the order has not been confirmed by the seller, this amount will be refunded no later than 30 days after notification of the impossibility of confirming the order.

2.7 The buyer agrees to the use of means of distance communication when concluding the contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the contract (e.g. the costs of the Internet connection, the costs of telephone calls) shall be borne by the buyer.

2.8 Ownership of the goods shall pass to the Buyer at the time of delivery of the goods to the Buyer.

3. Delivery

3.1 The goods shall be delivered to the place of delivery specified by the Buyer in the order. The Buyer may choose a place of delivery of the goods other than the one he has indicated as his home address. In this case, the Buyer shall specify this place of delivery and the contact person authorised to take delivery of the goods at this place in the order form. This location shall then also be deemed to be the place of payment of the purchase price, unless otherwise paid for.

3.2 The place of delivery shall be confirmed by the seller to the buyer in the order confirmation.

3.3 The usual delivery time is 3 working days. If the goods are not in stock, the delivery time can be up to 30 days. This will be communicated to the buyer by the seller when the order is confirmed. After expiry of this period, a further delivery period may be agreed with the buyer; if this is not agreed, the contract shall be deemed cancelled. In this case, both the seller and the buyer are obliged to return what has already been fulfilled.

3.4 The goods shall be delivered in the following manner:

  • by a transport company
  • by post

The seller generally hands over the goods to the carrier within 48 hours of the conclusion of the contract if payment by cash on delivery has been chosen, or within the same period from payment of the purchase price if a method other than cash on delivery has been chosen. The Buyer expressly recognises that if the payment method chosen is by bank transfer to the account, the period shall not commence until the purchase price is credited to the Seller's account. In the event of order fulfilment at the time of a marketing event or in other situations, the shipping time may be extended.

An overview of possible shipping methods:

  • GLS parcel transport
  • GEIS freight transport
  • DHL

An overview of possible payment methods:

  • PayPal
  • Credit card
  • Bank transfer

3.5 If the buyer is not found at the address of the place of delivery, the carrier will leave a notice and attempt to arrange another delivery date with the buyer (e.g. by telephone or other suitable means). If the goods are delivered by the holder of the postal licence and the buyer is not at the place of delivery, the delivery rules specified by the holder of the postal licence must be observed. The Buyer is obliged to bear all additional costs associated with repeated attempts to deliver the goods to the Seller at its request.

3.6 The goods are delivered in standard packaging from the manufacturer. If required by the nature of the ordered goods, the instruction manual will be delivered together with the ordered goods. Upon delivery of the goods, the invoice with the requirements of a tax document shall be handed over to the Buyer. The Buyer or another person authorised to take over the goods from the Buyer must confirm proper acceptance of the ordered goods together with all the above documents by signing the relevant document.

3.7 The risk of damage to the goods is transferred to the Buyer when the goods are handed over to a third party (holder / carrier of the postal licence) for transport.

4. Payment and Delivery Procedure

4.1 Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the delivery of the goods in the contractual amounts.

4.2 You can choose the payment and delivery method from the options offered. Before dispatching the order, we will inform you of the payment method and delivery method selected and the corresponding costs. The payment and delivery methods currently offered can be found on our website www.parkoff.eu.

4.3 The stated delivery times are for information purposes only and are based on the expected delivery times of the carriers.

4.4 We reserve the right to deliver the goods free of charge in certain cases.

4.5 In addition, the buyer is obliged with the purchase price to pay the seller the costs incurred to deliver the costs to the contract.

4.6 You can select payment and delivery methods from the available options. Before you order the information, you should inform yourself about the applicable payment methods and delivery procedures and the corresponding costs.

4.7 Delivery times are for information purposes only and are based on the carrier's forwarded delivery times.

4.8 We treat the right before us, which is delivered under the best possible conditions.

5. Cancellation

5.1 Consumers are generally entitled to a right of cancellation.

5.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

5.3 The right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

6. Liability for Defects

6.1 The Seller's liability for defects shall be governed by the relevant legal provisions as amended from time to time.

6.2 The Buyer is obliged to inspect the delivered goods thoroughly upon receipt and to inform the Seller immediately of any defects found. Subsequent claims regarding the type, quantity or damage to the goods during transport shall not be considered. Acceptance of goods means acceptance by the seller, the holder of a postal licence or the contractual carrier. Acceptance of the goods is confirmed by the buyer by signing the delivery (transport) sheet or other relevant document. With his signature, he also confirms that the goods have been delivered in the correct order. If the goods have obvious defects at the time of receipt or if the type of goods or their quantity does not match, these facts must be noted on the delivery (transport) sheet or other relevant document. If the goods are damaged, the Buyer may refuse to accept them.

6.3.

6.3.1 The seller is responsible to the buyer for ensuring that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer for ensuring that at the time of acceptance of the goods by the buyer:

  • the goods have the characteristics agreed by the parties and, in the absence of any agreement, those described or expected by the seller or the manufacturer from the buyer, taking into account the nature of the goods and the advertising made by them;
  • the goods are fit for the purpose stated by the seller for their use or for which goods of this type are normally used,
  • the goods correspond in quality or design to the agreed sample or model if the quality or design was determined in accordance with the agreed sample or model;
  • the goods are of the appropriate quantity, size or weight;
  • the goods comply with the requirements of the statutory provisions;

6.3.2 If the defect becomes apparent within six months of receipt, the goods shall be deemed to be defective at the time of receipt.

6.4.

6.4.1 The Buyer is entitled to exercise the right to a defect in consumer goods within twenty-four months of receipt of the goods (if the goods are sold on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legislation for which the goods may be used, the provisions on quality guarantee apply (see Article 6.5 below).

6.4.2. the provisions of Article 6.4.1. inapplicable:

  • wear and tear of the goods due to normal use,
  • in the case of goods sold at a lower price for a defect for which a lower price was agreed,
  • if it results from the nature of the item (goods)

6.4.3 At the Buyer's request, the Seller shall confirm to the Buyer in writing the scope and duration of its obligations in the event of a defect in performance. The Seller shall have obligations arising from defects in performance at least to the extent that the obligations arising from defects in performance of the manufacturer remain in force. The confirmation shall also state his name, registered office and identification data or other data necessary to establish his identity. Unless prevented by the nature of the goods, this confirmation may be replaced by a proof of purchase containing this information.

6.4.4 If the goods do not have the characteristics referred to in Article 6.3.1, the Buyer may also demand the delivery of new goods without defects, unless this is disproportionate due to the nature of the defect, but the defect only affects part of the goods, the Buyer may only demand replacement of the part; if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, in particular if the defect can be remedied immediately, the buyer has the right to remedy the defect free of charge.

6.4.5 The Buyer has the right to deliver new goods or replace parts even in the case of a repairable defect if he cannot properly use the goods due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the contract.

6.4.6 If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, replace their parts or repair the goods, he may demand a reasonable discount. The buyer is entitled to a reasonable discount even if the seller cannot deliver new goods without defects, replace its part or repair the goods, or if the seller does not remedy the situation within a reasonable time or if the handling of a remedy would cause significant difficulties for the consumer.

6.4.7 The right to defective performance is not available to the buyer if the buyer knew before taking over the goods that the goods had a defect or if the buyer caused the defect himself. Cases in which the Buyer has caused the defect itself shall be deemed to include cases in which the defect is caused by:

  • use of goods contrary to the instructions for use;
  • incorrect assembly or disassembly of goods;
  • unauthorised repairs or modifications to the goods;
  • impact, fall or other mechanical damage to the goods (e.g. scratches on the surface of the goods)

6.4.8 If the goods have a defect for which the seller is liable and if the goods are sold at a lower price, the buyer has the right to a reasonable discount instead of the right to exchange the goods.

6.4.9 If the Buyer exercises the right arising from the defective performance, the Seller shall confirm in writing no later than five (5) days after receipt of the complaint if the Buyer has exercised the right, as well as the type of repair and duration. The date of the claim shall be the date on which the Seller receives the claimed goods from the Buyer.

6.5.

6.5.1 By guaranteeing quality, the seller undertakes that the goods will be fit for their usual purpose for a certain period of time or that they will retain their usual properties. These effects are also indicated by the warranty period or the shelf life of the goods on the packaging or in the advertising. The warranty may also be granted for an individual part of the goods.

6.5.2 If different warranty periods are specified in the contract and in the warranty statement, the longest period shall apply. However, if the parties agree on a warranty period other than the shelf life stated on the packaging, the parties' agreement shall prevail.

6.5.3 The warranty period is 12 months and begins with the delivery of the goods to the Buyer.

6.5.4 The buyer has no right to claim under the warranty if the goods have been damaged during transport. This does not apply if the defect was caused by the seller.

6.6.

6.6.1 The rights arising from the defect and the rights arising from the liability for material defects are exercised with the seller:

  • by post to the address of the Seller's registered office: MOTION TRADE s.r.o., Vaclavske namesti 2132/47, 110 00 Prague 1 or
  • by e-mail to info@parkoff.eu

When making a complaint, the buyer is obliged to clearly identify the respective purchase contract (preferably stating: order number and date, date of receipt of goods) and prove that he is entitled to complain (preferably by proof of ownership of goods - e.g. invoice) and provide a brief description defects, preferably with photo documentation or video.

6.6.2. the Seller is obliged to confirm to the Buyer in writing when the Buyer exercised the right, what the content of the complaint is and what type of complaint handling the Buyer requires; and a confirmation of the date and type of complaint handling, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint.

6.6.3 The Seller shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonable for the type of goods or services required for a professional assessment of the defect. Complaints, including the removal of defects, must be settled immediately, no later than 30 days from the date of the complaint, unless the seller and buyer agree on a longer period. The seller shall notify the buyer in writing of the settlement of the complaint within 30 days of the date of the complaint.

The procedure in the event of a complaint can be found on our website www.parkoff.eu.

7. Information Obligation under the Act on Registration of Sales

According to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue online with the tax administrator; in the event of a technical defect, within 48 hours at the latest.

8. Privacy Policy

The operator of the MOTION TRADE s. r. o. e-shop processes selected personal data of its customers. Details on the processing of personal data can be found in the personal data protection conditions on our website www.parkoff.eu

9. Final Provisions

9.1 If there are unalterable obstacles of the Seller that are not caused by him and prevent the fulfilment of his obligations to the Buyer, the Seller has the right to unilaterally withdraw from the contract in writing and is obliged to return the amount paid to the Buyer Buyer immediately. The Seller shall not be liable to the Buyer for non-fulfilment of obligations arising from the concluded Agreement or for damage caused by such non-fulfilment if the non-fulfilment of obligations occurs due to unforeseen and unavoidable events that the Seller could not prevent. The Seller shall not be liable to the Buyer for damage arising from contracts that the Buyer has concluded with other persons, in particular for consequential damage and indirect damage.

9.2 The Buyer declares that it has secured funds for full payment of the price of the goods. The Buyer is not authorised to assign its claims against the Seller to third parties. The Buyer is not authorised to unilaterally set off its liabilities to the Seller against its claims against the Seller.

9.3 The ODR platform of the European Commission is available for out-of-court online dispute resolution at http://ec.europa.eu/odr. Consumers have the option of using this ODR platform to resolve disputes online. We do not participate in dispute resolution proceedings before a consumer arbitration board. Even if we do not anticipate such a case.

9.4 The contract between the seller and buyer, including these GTC, is concluded in German.

9.5 The application of the UN Convention on Contracts for the International Sale of Goods is excluded; German law applies. By placing an order, the General Terms and Conditions of the online shop are recognised.

If the customer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.

The ODR platform is available for out-of-court online dispute resolution. By sending the order, you agree to the tax document being sent to you in electronic form. We will send this to you electronically by email after dispatch. If you would prefer to receive the tax document in paper form, please send us a message. In this case, we would send you the tax receipt together with the goods.

9.6 The current version of these GTC is published on the Internet and a link to their full text (Internet address where the full text is available) is included in each order form / contract. By submitting the order, the Buyer confirms its express, full and unconditional acceptance of the text of the current GTC. The Seller is authorised to unilaterally amend the GTC at any time with effect from the date specified by the Seller. This date may not be earlier than the date of publication of its new version on the Internet. If the contract contains an adjustment of the rights and obligations of the contracting parties that deviates from the wording of these GTC, the wording of the contract shall take precedence.

9.7 These GTC shall enter into force on 1 January 2024.