The KSMotorShop Internet shop, selling goods through the on-line shop at http://www.ksmotorshop.com, is operated by KS Motor Servis Van, s.r.o., as the Seller. The company’s registered seat is at Ústecká 408, 403 39, and it is registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, section C, entry 13089, ID No.: 25028448, (hereinafter referred to as the “Seller” or “Operator”).
The business terms and conditions regulate the mutual rights and responsibilities of the contractual parties arising in connection or pursuant to purchase agreements concluded by and between the Seller and the Buyer through the Seller's Internet shop.
Business relationships with end customers (consumers) are governed by the Civil Code applicable in the Czech Republic.
You can read specific frequently asked questions here.
Also see our Goods return conditions and Shipping and payment options
And do not hesitate to contact us any time should you have any other questions.
The following general terms and conditions apply to companies:
- By submitting a purchase order for goods, the Buyer proves and documents to the Seller that it is an enterprise and consequently, that the legal relations arising from a purchase agreement thus concluded shall be governed by the Commercial Code applicable in the Czech Republic.
- The Buyer is ordering goods on the basis of its own choice and based on the specification of the goods in the Seller’s catalogues or e-shop. In its purchase order, the Buyer shall specify the delivery method, type of carriage, and the place of delivery (address) of the goods. The Seller may accept orders placed through other channels (e.g., by e-mail, fax, etc.). The Seller is under no obligation to accept a purchase order. An order shall become binding for the Buyer once accepted by the Seller (upon order acceptance, a purchase agreement is concluded, incorporating these conditions of sale).
- The price of the goods is stated in the e-shop at the time of the sale of the goods. Unless otherwise specified, prices are always shown exclusive of VAT. The purchase price of the goods does not include shipping costs, which may be charged to the Buyer at their actual amount, usually on the basis of the carrier’s price list.
- The Seller shall dispatch the ordered goods at any point after purchase order acceptance, usually within 1-5 days (depending on the current availability of the goods or availability from the manufacturer), but no later than within sixty days. Should the Seller fail to do so within the said 60-day period, the agreement shall cease to exist upon the expiration of the said time-period (void ex tunc, and the parties shall not have any direct or derived rights therefrom). The parties may individually agree on a different delivery period.
- Should the Buyer fail to accept the ordered goods from the Seller in person, the Seller shall send the goods, unless otherwise agreed. The goods, addressed to the Buyer, shall then be deemed delivered upon their hand-over to the first carrier. The Buyer shall (unless otherwise agreed), sign a confirmation of acceptance of the goods immediately upon receiving the goods. Thus, the Buyer confirms acceptance of complete and correct goods free of apparent defects. Should the Buyer discover defects, it shall list them (defects in terms of completeness, apparent defects, etc.). In doing so, it shall proceed in line with paragraph 10 of these terms and conditions.
- Upon the delivery of the goods, the risk of damage shall transfer to the Buyer, including the risk of accidental damage to the goods delivered. At the same time, the risk of deterioration of the goods shall transfer to the Buyer. The goods shall constitute the Seller’s property until they have been paid for in full.
- The Seller shall pay the purchase price and shipping costs to the Buyer for the goods delivered and for shipping services, and shall do so by the payment date stated in the tax document or as otherwise agreed. The payment may be made by bank transfer, through a PayPal account, by card payment, or in cash at the Seller’s address. If no other sanction for default on payment has been agreed in the purchase agreement, the Seller shall be entitled to a statutory default interest in the case the Buyer is at default on the payment of the price (presently pursuant to Sec. 1 of Government Decree No. 142/1994 Coll.).
- If the Buyer requests an exchange of the goods for goods of another type after having purchased the goods, and for reasons on the Buyer's side, or if the Buyer is requesting for the same reasons the cancellation of the purchase agreement, return of the goods, and refund of the purchase price paid, the Seller shall not be obliged to grant that request. If the Seller does grant that request, it is entitled to a cancellation fee amounting to 30% of the purchase price; in that case, the Seller shall return to the Buyer the purchase price paid, reduced by up to 30% (the cancellation fee covers the Seller's costs related to the cancellation of the business case). A condition for granting the Buyer’s request is that the number of the tax document (invoice) by which the purchase of the goods was billed is documented, and that the goods being returned are complete and in flaw-less condition, and that the original packaging is included. The Seller shall, in particular, reject the Buyer's request with respect to goods which are not included in the Seller’s usual product range and which it obtained at the Buyer’s explicit request, or when the period from the date of the delivery of the goods to the date on which the goods are to be returned, exceeds 12 months.
- Claims as to the quality of goods and claims pertaining to legal defects, and their resolution between the Seller and the Buyer as an entrepreneur, shall be governed (like the entire purchase agreement) by the Commercial Code. The Seller shall not be liable for defects covered by the quality warranty if the defects were caused after the transfer of the risk of damage to the goods to the Buyer, in particular, if the defects ware caused by external events and influences (and were not caused by the Seller or persons with the assistance of whom it performed its obligation). Furthermore, the Seller shall not be liable for defects if the installation of the goods was not performed professionally or if installation instructions and the recommendations of the Seller or manufacturer of the goods were not respected.
- The Buyer shall check the shipment for completeness and integrity immediately upon receiving it. If collecting the goods at the Seller’s establishment or if the goods are being delivered to the Buyer directly by the Seller, the Buyer shall sign a delivery document for the goods and immediately make a claim with respect to the incompleteness or obvious defects of the goods (i.e., at the time of the acceptance of the goods). If the goods are being delivered by a carrier, the Buyer shall claim any defects of the goods, their incompleteness, or other obvious defects in written form addressed to the Seller, providing a precise description of the claimed defects and stating the claims made, by the second business day after the delivery of the goods. The Seller shall not respond to claims lodged on a later date or claims that are not complete, and any rights arising from such defects shall expire; in that case, the goods shall be deemed to have been delivered complete and free of obvious defects. Any obvious defects that occurred clearly due to carriage shall be claimed by the Buyer immediately, when accepting the goods, with the claim being addressed to the carrier. In order to ensure that the description of the claimed defects is complete, the Seller recommends that the Buyer use the claims protocols freely available for downloading from its website (www.ksmotorshop.com). The Seller shall assess without undue delay whether the claim is justified. The time-period required for evaluating the claim may be extended by the period for which the supplier concerned, or an expert, is obliged to suspend the assessment of the defect because the initial information was insufficient and it was necessary to wait for additional information and background documents from the Buyer. The conclusions of a court-appointed expert and a report on the outcome of an assessment by the manufacturer shall be binding for both parties.
- Any liability of the Seller based on the goods and/or for the goods, or arising from defects of the goods, shall be limited to an amount equal to the price of the goods paid for it by the Buyer. Aside from statutory rights arising from defects of the goods delivered, the Buyer shall have not other rights, including a right to the compensation of any other damage, lost profit, compensation, or fine.
- The Buyer shall dispose of the packaging protecting the goods from damage in a manner specified by law.
- By sending a purchase order to the Seller, the Buyer also confirms its consent with the contents of these conditions of sale; if no written order has been placed, it shall be understood that by signing the delivery or carriage document, the Buyer confirms (in addition to the acceptance of the goods) its consent with the contents of these conditions of sale
- The information provided in the catalogue has been gathered with maximum effort to ensure precision of the data. Nevertheless, it is in no way binding and may not always be comprehensive and precise. It is based on data from the TecDoc database, which is the responsibility of the manufacturer of the particular brand. Consequently, we provide no guarantee with respect to the correctness of the information and data or with respect to any changes made by the manufacturers of vehicles or engines, or for changes in the labelling of individual parts. Should you have any questions, please contact our customer service. Information and data pertaining to original spare parts, their labelling, and nomenclature, is only for comparison and reference purposes. It cannot be considered the original labelling of the part and must not be used with respect to third parties. We do not accept any liability for the use of those references, in particular because individual manufacturers can change or modify them from time to time. Each product purchased requires professional installation, which is why it is necessary to proceed in line with the technological procedures set by the vehicle or engine manufacturer.
- The parts listed in our catalogue are not intended for use in aircraft.
- This text may be amended from time to time without prior notice.