General Business Terms and Conditions

of AR car – CZ s.r.o., ID: 27204421, with the registered office at Průmyslová 1208, 271 01 Nové Strašecí, dated 30 October 2015

I. General provisions:

1. The vehicle shall hereinafter mean a cargo vehicle more closely specified in the purchase contract and handover sheet which constitutes an annex thereto. AR car – CZ s.r.o. shall hereinafter be referred to as the “seller“.
2. These General Business Terms and Conditions, governed by the provisions of Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter “NCC”) and which are a part of the text of the purchase contract, apply in full scope, unless the contracting parties agree on different conditions of delivery of the vehicle in the purchase contract.
3. Any modifications to or deviations from these General Business Terms and Conditions shall be expressly mentioned in the purchase contract.
4. In case of a conflict between the text of the purchase contract and these General Business Terms and Conditions, the text given in the purchase contract shall take precedence.

II. Date of vehicle delivery, passing of title:

1. The seller shall hand over the vehicle to the purchaser after the purchase price has been paid in full, on the date set in the purchase contract.
2. The contracting parties agree on the retention of title to the vehicle consisting in the fact that the title to the vehicle shall pass onto the purchaser after the purchase price has been fully paid (for more details see Article IV par. 5), regardless of the moment of actual vehicle handover.

III. Delivery conditions:

1. The seller is obliged to deliver the vehicle according to the specification given in the purchase contract and in the handover sheet.
2. The technical condition of the vehicle and determination of general value of the vehicle are given in the handover sheet, or in the expert’s report prepared by a sworn expert. Roadworthiness is confirmed by a valid Roadworthiness certificate issued by State Vehicle Inspection Station (STK) and other documents listed in the handover sheet, submitted together with the vehicle.
3. The place of vehicle handover to the purchaser is the registered office of AR car – CZ s. r. o., Průmyslová 1208, 271 01 Nové Strašecí.
4. The risk of damage to the vehicle passes onto the purchaser at the moment the vehicle is taken over, meaning the physical handover of the vehicle, keys to it and registration documents to the purchaser.
5. Takeover of the vehicle shall be confirmed by the purchaser to the seller by his/her signature in the handover sheet.

IV. Purchase price and payment terms:

1. The purchaser may pay the purchase price for the vehicle to the seller directly in cash, by a wire transfer to the seller’s account or through a leasing company.
2. If the vehicle is acquired through a leasing company the purchase contract presented by the leasing company may be used and the provisions of these General Business Terms and Conditions shall be applied mutatis mutandis.
3. The seller may offset the advance or deposit paid by the prospective purchaser of the vehicle against the purchase price under the purchase contract.
4. If the purchaser secures the payment of the purchase price through a leasing company, the paid advance or deposit shall be offset against the payment of a leasing installment by the so-called three-way offset (agreement) between the seller, purchaser and the leasing company.
5. The purchase price is considered paid by acceptance of cash in the full amount of the purchase price from the purchaser, or by crediting of such amount to the seller’s bank account. The seller is not obliged to hand over the vehicle until the purchase price has been paid in full.

V. Liability for defects, warranty and complaints:

1. Since this transaction concerns a sale of a used vehicle with a valid Roadworthiness certificate which the purchaser tested and inspected in person, the seller does not provide warranty for the vehicle under the provisions of Section 2113 et seq. of NCC.
2. If the seller provides warranty for the vehicle sold, it shall provide it within a statement separate of the purchase contract in the form of seller’s warranty Terms and Conditions or by means of a warranty certificate.
3. If no warranty for the vehicle’s qualities is provided, the seller is liable for defects the vehicle had when the risk of damage to the vehicle passed onto the purchaser, even when the defect manifests later, however, no later than two years following the passing of risk of damage to the vehicle.
4. The purchaser is obliged to duly inspect the vehicle before he/she takes it over from the seller under the provisions of Section 2104 NCC; the seller guarantees to the purchaser the option to perform a relevant test drive. In view of this the purchaser has no rights from defective performance, if the defect could have been discovered by the purchaser at the moment when he/she concluded the purchase contract while paying usual attention.
5. Defect of the vehicle establishing rights from defective performance shall be communicated (notified) in writing to the seller without undue delay after the defect has manifested, together with a description stating how the defect is manifested and the purchaser must prove the vehicle had this defect already when it was handed over to him/her; otherwise he/she shall not have rights from liability for defects.
6. When the conditions described in this Article are met, the purchaser shall have rights from liability for defects, arising from the provisions of Section 2106 et seq. of NCC, specifically and in particular free of charge defect removal by means of a repair, reasonable discount of the purchase price or withdrawal from the purchase contract, depending on the nature and seriousness of the defect. The method and date of defect removal shall be determined by the seller to ensure that the complaint is settled as soon as possible.
7. Since this transaction concerns the sale of a used vehicle, the seller does not guarantee the mileage and notifies the purchaser that it is possible that the number shown by the odometer does not correspond to the actual mileage.

VI. Personal data

1. The seller processes purchaser’s personal data under the following rules. The processing of personal data includes in particular their collecting, recording on media carriers, modification, alteration, completion or correction, searching, using, storing, blocking and destruction.
2. By concluding the purchase contract, the purchaser grants to the seller consent within the meaning of Act No. 101/2000 Coll., on the protection of personal data and Act No. 480/2004 Coll., on certain information society services and on amending certain acts, to the processing of personal data related to the purchaser, specifically names, surnames, birth dates (or ID), permanent residence addresses, residence addresses (or registered office), personal document number (or passport), email addresses, eventually bank account numbers, in each case to a degree necessary for fulfilling the purpose described in paragraph 3 below, for an indefinite period, at least for the duration of the rights and obligations from the purchase contract.
3. The purpose of processing of the purchaser’s personal data by the seller is record keeping and control within the seller’s business activity as the personal data controller, including the securing of due identification of the contracting parties in case of a future dispute, and also for provision of seller’s marketing activities within the meaning of Article VII par. 1.
4. The seller is authorized to process personal data systematically, using automated means or other means within an information system; the seller may also authorize a third party to process the personal data.
5. The purchaser acknowledges that he/she is obliged to state accurate, complete and true personal data.
6. The purchaser was informed that he/she provides the personal data voluntarily. The consent to the provision of personal data may be revoked at any time in writing. If the purchaser asks in writing for information on the processing of his/her personal data, the seller is obliged to provide such information immediately, solely for the costs associated with such provision.
7. If the purchaser believes that the processing of the personal data is in conflict with the protection of his/her private and personal life or in conflict with the law, in particular if his/her personal data are inaccurate with regard to the purpose of their processing, the purchaser may request the seller to give explanation and/or require that this situation is remedied. The remedy may, in particular, include blocking, correction, completion or destruction of the personal data. If the request under the preceding sentence is found to be justified, the seller shall immediately remedy the defective state. If the seller fails to satisfy the request, the affected purchaser shall have the right to bring the matter directly before the Office for Personal Data Protection. This provision does not affect the purchaser’s right to bring the matter directly before the Office for Personal Data Protection immediately upon discovery of such a defective state.

VII. Final provisions:

1. By signing these General Business Terms and Conditions the purchaser grants consent to the seller to send commercial offers, information and other communications to the purchaser to the email address which the purchaser gave to the seller when signing these General Business Terms and Conditions.
2. The seller and the purchaser agree that all property disputes between the contracting parties related to the purchase contract shall be finally resolved in arbitration proceedings by the arbitrator doc. JUDr. PhDr. Jiří Bílý, Csc., birth number 540101/3717, registered in the list of arbitrators kept by the Ministry of Justice of the Czech Republic. The place and service address of the arbitration proceedings is the registered office of IAL SE, organizační složka Praha, ID: 29031117, Jablonského 640/2, 170 00 Prague 7. The fee for the arbitration proceedings (arbitrator’s fee) is CZK 2,000 excl. VAT, if the value of the disputed matter is less than CZK 10,000, CZK 5,000 excl. VAT, if the value of the disputed matter is less than CZK 50,000 and 4% of the value of the disputed matter in other cases, however, at least CZK 7,000 excl. VAT.
3. Both contracting parties declare they have read and understand these General Business Terms and Conditions and they agree with them without any reservations.