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    Terms and Conditions

    GENERAL TERMS AND CONDITIONS

    TheKotlaba s.r.o.

    www.JDMshop.cz

    Article I. - Introductory Provisions

    The General Terms and Conditions for purchasing goods through the online store www.thekotlaba.cz (hereinafter the "e-shop") are governed by the applicable laws of the Czech Republic, which comply with EU regulations and directives.

    Contractual relationships not covered by these General Terms and Conditions are governed by Act No. 89/2012 Coll., the Civil Code, as amended, and in the case of a consumer also by Act No. 634/1992 Coll., on Consumer Protection, as amended.

    These General 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 places an order in the course of their business or independent professional activity.

    The provisions of these General Terms and Conditions form an integral part of the purchase contract. The purchase contract and the General Terms and Conditions are drawn up in Czech. The purchase contract may be concluded in Czech.

    The seller may amend or supplement the General Terms and Conditions. This provision does not affect rights and obligations arising during the validity of the previous version of the General Terms and Conditions.

    All personal data obtained from the above-mentioned contracting parties shall be subject to the applicable provisions of Regulation (EU) 2016/679 (GDPR) and relevant Czech legislation on personal data protection.

    Article II. - E-shop Operator

    TheKotlaba s.r.o.

    Company ID (ICO): 19135564

    VAT ID (DIC): CZ19135564

     

    Heinemannova 2698/11

    Praha 6, 160 00

    Czech Republic

     

    Registered in the Commercial Register maintained by the Municipal Court in Prague.

     

    E-mail: info@jdmshop.cz

     

    (hereinafter the "Operator")

    Article III. - Definition of Terms

    Seller - the Operator identified above, who acts within the scope of their business or other commercial activity when concluding and performing contracts. The seller is an entrepreneur who supplies products or provides services to the buyer either directly or through other entrepreneurs.

    Buyer - Consumer - any natural person who concludes a contract with an entrepreneur or otherwise deals with them outside the scope of their own business activity or independent professional activity.

    Buyer - Non-consumer - an entrepreneur. Any person who concludes contracts related to their own commercial, manufacturing or similar activity, or in connection with the independent exercise of their profession, is also considered an entrepreneur, as is any person acting on behalf of or for the account of an entrepreneur.

    Purchase Contract - where the buyer is a consumer, the placement of the offered goods on the website by the supplier constitutes a proposal to conclude a purchase contract (an offer); the purchase contract is formed upon the buyer-consumer submitting the order and the supplier accepting it. The supplier shall promptly confirm acceptance to the buyer via e-mail to the address provided; however, such confirmation does not affect the formation of the contract. The concluded contract (including the agreed price) may only be amended or cancelled by agreement of the parties or on statutory grounds.

    Before submitting an order to the seller, the buyer is given the opportunity to review and change the data entered in the order, including the ability to identify and correct any errors made during data entry. The buyer submits the order to the seller by clicking the "Place Order" button.

    Where the buyer is not a consumer, the submitted order constitutes a proposal to conclude a purchase contract, and the contract is formed at the moment the seller's binding acceptance of the proposal is delivered to the buyer.

    By concluding the purchase contract, the buyer confirms that they have read these General Terms and Conditions and agree to them. The buyer was sufficiently notified of these General Terms and Conditions before placing the order and had the opportunity to review them.

    The seller reserves the right to cancel an order or part thereof before the purchase contract is concluded, by agreement with the buyer, in the following cases: the goods are no longer manufactured or supplied, or the supplier's price has changed significantly. If the buyer has already paid part or all of the purchase price, this amount will be refunded to their bank account or address, and the purchase contract will not be concluded.

    Online store - an electronic store or other ordering system operated on the internet by an entrepreneur acting as a supplier offering goods or services to consumers or businesses.

    Article IV. - Prices and Goods

    The Operator is a VAT payer.

    All prices listed on the e-shop are inclusive of VAT.

    All goods offered in the e-shop are covered by a full warranty in accordance with the applicable laws of the Czech Republic, taking into account the warranty conditions of the manufacturer and distributor in the Czech Republic.

    Shipping costs - when ordering goods, shipping fees are charged separately in the amount corresponding to the chosen method of delivery (see Article VII - Payment and Delivery). No additional charges (e.g. packaging) are applied. In the case of discounted or promotional goods, the buyer will be informed of this fact both when selecting the goods and when placing the order. The Operator reserves the right to request a reasonable deposit for hard-to-sell goods or goods with a value exceeding CZK 10,000 if not in stock.

    Eco-fee for disposal of old appliances - in accordance with Act No. 185/2001 Coll. on Waste, as amended, end retailers are required to charge a financial contribution for the eco-friendly disposal of sold appliances. Product prices are stated inclusive of this fee.

    Article V. - Formation of Contract

    All product presentations on the online store are for informational purposes only, and the seller is not obliged to conclude a purchase contract for such goods. Section 1732(2) of the Civil Code does not apply.

    Ordering goods - an order for selected goods or services constitutes the buyer's proposal to conclude a contract, which is formed at the moment the supplier's acceptance of such proposal is delivered to the buyer by e-mail - order confirmation.

    By submitting such an order, the buyer confirms the binding nature of their order and acknowledges that they are subject to these General Terms and Conditions, which they reviewed before submitting the order and agreed to.

    If the buyer does not receive an order confirmation within 24 hours of the supplier receiving the order, the buyer must contact the seller and inform them of this fact.

    The buyer prepares the order in at least 2 steps, with the option to return to the previous step and correct any errors in quantities, goods, or other required details at each step.

    Order requirements - the following information must be completed in the buyer's order, depending on whether the buyer is a natural person consumer or a natural or legal person entrepreneur: Company name or first and last name, billing and delivery address, company ID, VAT ID, product name, unit price, payment and delivery method, date, phone number and e-mail. The order must be submitted in Czech.

    Order cancellation - the consumer is entitled to cancel the order if their withdrawal reaches the supplier before the supplier has bindingly confirmed the order. If the goods become sold out between the time of ordering and the confirmation of the order, the supplier will notify the buyer and the order for such goods will be cancelled.

    The buyer consents to the use of means of distance communication when concluding the contract. Costs incurred by the buyer when using means of distance communication in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the buyer, and these costs do not differ from the standard rate.

    The Operator reserves the right to withdraw from the purchase contract in the event of a change in exchange rates, a pricing error, significant inflation, significant changes in supplier conditions, or if the goods are no longer manufactured or supplied.

    Article VI. - Withdrawal from Contract

    In the event of withdrawal from the contract by the seller for reasons stated in Article V, paragraph 9, the seller is obliged to promptly contact the buyer and propose an alternative course of action, in particular the option of replacement with another item or withdrawal from the contract. If payment has already been made for such goods, the seller is obliged to refund the payment to the consumer's account within 10 days of withdrawal.

    Withdrawal from contract without giving reason (Section 1829 of the Civil Code) - if the buyer is a consumer and the contract was concluded using means of distance communication, the buyer has the right to withdraw from the contract without giving any reason and without any penalty within 14 days of receiving the goods. The consumer must notify the seller of this fact in an appropriate manner, preferably by e-mail or in writing, within the stated period, and should indicate the preferred method for refunding the paid amount. The Operator undertakes to refund this amount within 14 days of receipt of the withdrawal notice, provided the goods that were the subject of the contract have been returned. Returned goods must be complete, including all accessories, undamaged, showing no signs of wear, and ideally in the original undamaged packaging. Shipping costs for returning the goods are borne by the consumer in accordance with Section 1820(1)(g). If the product was delivered with free shipping, the shipping cost will be deducted upon return. The Operator will not accept goods sent by cash on delivery. In the case of payment by card, a bank charge of 2% will be deducted in the event of an incorrect order or return.

    The seller is entitled to unilaterally set off any claim for compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.

    No consumer rights may be exercised with respect to gifts provided free of charge under contractual relationships. If a gift is provided to the buyer together with the goods, the gift agreement is concluded with a resolutory condition, such that if the buyer withdraws from the purchase contract, the gift agreement becomes void and the buyer is obliged to return the gift to the seller together with the goods.

    The buyer may not withdraw pursuant to Section 1837 of the Civil Code, in particular in the case of contracts:

    • for the provision of services, if they were performed with the buyer's prior express consent before the withdrawal period expired and the seller informed the consumer before concluding the contract that in such a case they have no right to withdraw;
    • for the supply of goods or services whose price depends on fluctuations in financial markets beyond the seller's control and which may occur during the withdrawal period;
    • for the supply of goods customised according to the consumer's wishes or for their personal use;
    • for repair or maintenance carried out at a location designated by the consumer at their request; this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested;
    • for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons;
    • for the supply of audio or video recordings or computer software if the consumer has broken the original seal.

    Article VII. - Payment and Delivery

    The customer may choose from the following payment methods: bank transfer; cash; cash on delivery, with a surcharge of CZK 30.

    Cash on delivery - payment upon delivery by courier service to the billing or delivery address specified in the order. The cash-on-delivery delivery fee is CZK 150. This payment method is limited to a maximum amount of CZK 50,000. For higher amounts, an individual arrangement must be agreed.

    Bank transfer - the customer will be contacted and informed about the status of the order, after which they will make a payment to the Operator's bank account (details above), using the order number as the variable symbol. Once the payment is credited to the account, the goods will be dispatched immediately to the billing or delivery address stated in the order. For bank transfers, the delivery fee via PPL is CZK 120. The above applies only for deliveries within the Czech Republic.

    Cash - payment upon personal collection, or as otherwise agreed.

    Pursuant to Section 25 of Act No. 112/2016 Coll. on the Registration of Sales, as amended, the seller is obliged to issue the buyer a receipt and to register the received revenue with the tax authority online; in the event of a technical failure, no later than within 48 hours.

    Article VIII. - Delivery of Goods

    The delivery time depends on the type of goods ordered. In the vast majority of cases it ranges from 1 to 15 business days. For less common or difficult-to-source goods, the delivery period may be extended. The Operator undertakes, to the best of its ability and in the interest of the customer, to reduce the delivery time to the shortest possible period. If the delivery time exceeds the period appropriate for the general availability of the particular type of goods on the market, the customer has the full right to cancel their order by phone or e-mail.

    Delivery method - the consumer may choose delivery by postal parcel or personal collection, or as otherwise agreed. In the case of postal delivery, the goods will be delivered to the billing or, if specified in the order or clarified by the consumer before dispatch, the delivery address. If the goods need to be re-delivered or delivered by a different method due to reasons on the buyer's side, the buyer is obliged to bear the costs of such repeated or alternative delivery.

    Receipt of goods - the buyer is obliged to properly receive and inspect the goods from the carrier. In particular, they must check the integrity of the packaging, the sealing tape (which serves as protection against opening during transit), and the number of parcels. In the event of any defects, damage, or even suspicion of damage, the buyer must immediately, and no later than within 24 hours, notify the carrier and record this in the delivery protocol upon signing. If damage to the transport packaging, damage to goods, or other signs of unauthorised access or mishandling are found, we recommend that the buyer, in their own interest, refuse to accept the shipment or draw up a damage report with the carrier. By signing the delivery receipt, the buyer confirms that the shipment met all conditions, that the product inside was in order, and any later complaint about packaging damage will be assessed on the basis of the signed delivery note, by which the buyer confirms the integrity of the outer packaging including the original tape, the correct number of parcels, and the absence of any visible internal or external damage.

    Responsibility for the completeness and integrity of the delivery lies with the supplier, and the costs of delivering any missing goods are borne by the supplier.

    Article IX. - Product Information

    Technical product specifications are obtained from various sources and we cannot guarantee their 100% accuracy. If you believe they contain an error, please inform us by e-mail.

    This provision does not in any way relieve the Operator of its obligation to properly inform consumers about the characteristics of the sold products and services in accordance with Section 9(1) of Act No. 634/1992 Coll. on Consumer Protection, as amended.

    Article X. - Liability for Defects (Complaints)

    Unless expressly stated otherwise on a separately confirmed document, the goods offered and sold are not approved for use in ordinary road traffic. Goods may only be used at the user's own risk and exclusively on closed racing circuits. The Operator bears no responsibility for any damages such as injury, death, psychological harm, property damage, depreciation of property, incurrence of obligations, or similar, caused to the buyer or a third party wholly or partially in any connection with the use or acquisition of goods from the Operator.

    Given the uncontrollable conditions of use and the anticipated overloading beyond the service life, goods used for racing purposes carry no warranty, with the exception of defects that could not have been detected upon receipt by the buyer and hidden defects.

    The warranty period begins on the date the item is received by the buyer.

    Unless a longer warranty period is stated in the warranty card, a 24-month warranty applies to the goods. In the case of an extended (contractual) warranty, the seller shall specify the conditions and scope of the extension in the warranty card. The warranty does not cover normal wear and tear of the item (or its components) caused by use. A shorter product lifespan cannot therefore be considered a defect, and the seller is not liable for defects arising from a shorter product lifespan. Upon the consumer's request, the seller is obliged to provide a warranty card in written form. Where the nature of the item allows, a proof of purchase containing the information required in a warranty card may be issued instead. The warranty card must include the name and surname, company name or trade name of the seller, company ID, registered office (for legal persons) or place of residence (for natural persons). Where a warranty longer than the statutory period is provided, the seller shall specify the conditions and scope of the extension in a declaration in the warranty card.

    The rights and obligations of the contracting parties regarding defective performance are governed by the applicable generally binding regulations (in particular Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code).

    The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller warrants that at the time the buyer receives the goods:

    • the goods have the properties agreed by the parties, or, where no agreement exists, such properties as the seller or manufacturer described or which the buyer could reasonably expect based on the nature of the goods and any advertising;
    • the goods are fit for the purpose stated by the seller or for the purpose for which goods of that type are normally used;
    • the goods conform in quality or finish to the agreed sample or template, if quality or finish was determined by reference to an agreed sample or template;
    • the goods are of the correct quantity, size or weight and comply with the requirements of applicable legislation.

    The provisions in point 6 of this Article do not apply to goods sold at a reduced price due to a defect for which the lower price was agreed, to wear and tear of goods caused by their normal use, to used goods for defects corresponding to the degree of use or wear at the time of receipt by the buyer, or where it follows from the nature of the goods.

    The buyer shall assert rights from defective performance with the seller at the seller's registered office stated above. The moment of filing a complaint is deemed to be the moment when the seller receives the complained goods from the buyer.

    If defective performance constitutes a material breach of contract, the buyer is entitled to:

    • have the defect remedied by delivery of a new defect-free item or delivery of the missing item;
    • have the defect remedied by repair of the item;
    • a reasonable reduction in the purchase price; or
    • withdraw from the contract. The buyer shall inform the seller of their chosen remedy when notifying the defect or without undue delay after notifying the defect. The buyer may not change the chosen remedy without the seller's consent; this does not apply if the buyer requested repair of a defect that proves to be irreparable. If the seller fails to remedy the defect within a reasonable period or notifies the buyer that the defect will not be remedied, the buyer may demand a price reduction instead of defect remediation, or may withdraw from the contract.

    If the buyer does not choose their remedy in time, they shall have the same rights as in the case of a defect constituting a non-material breach of contract, and shall lose the right to withdraw from the contract (without prejudice to Section 2107(3) of the Civil Code).

    If defective performance constitutes a non-material breach of contract, the buyer is entitled to have the defect remedied or to a reasonable reduction in the purchase price. Until the buyer exercises the right to a price reduction or withdraws from the contract, the seller may supply what is missing or remedy the defect, at the seller's choice by repair or by delivering a new item; the choice must not cause the buyer disproportionate costs.

    If the seller fails to remedy the defect in time or refuses to remedy it, the buyer may demand a price reduction or may withdraw from the contract. The buyer may not change the chosen remedy without the seller's consent.

    The seller shall decide on the complaint immediately, and in complex cases within three business days. The time reasonably required for expert assessment of the defect depending on the type of product or service is not included in this period. The complaint, including remediation of the defect, must be resolved without undue delay, and no later than 30 days from the date of filing the complaint, unless the seller and consumer agree on a longer period. If this period is exceeded, it shall be deemed a material breach of contract.

    Article XI. - Further Rights and Obligations of the Parties

    The buyer acquires title to the goods upon full payment of the purchase price.

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

    Out-of-court handling of consumer complaints is provided by the seller via the e-mail address info@jdmshop.cz. The seller will send information about the resolution of the buyer's complaint to the buyer's e-mail address.

    The seller is authorised to sell goods on the basis of a trade licence. Trade licence supervision is carried out by the relevant trade licensing authority within its competence. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises, within its defined scope, compliance with Act No. 634/1992 Coll. on Consumer Protection, as amended.

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

    Article XII. - Personal Data Protection

    Customers' personal data (in particular name, surname and address) are stored in accordance with the applicable laws of the Czech Republic and Regulation (EU) 2016/679 (GDPR). All data obtained from customers is used exclusively for internal business purposes (for the successful performance of the contract) and is not provided to third parties. An exception is made for external carriers, to whom customers' personal data is passed on to the minimum extent necessary for smooth delivery of goods.

    Customers' personal data is fully secured against misuse. Data is stored and not shared with third-party applications. By concluding the contract, the customer consents to the processing and collection of their personal data in our database after successful performance of the contract, until they express their written disagreement with such processing. The customer has the right to access their personal data and the right to its correction, as well as other statutory rights with respect to such data. For further information on the processing of personal data, please refer to our Privacy Policy (GDPR) available on our website.

    Article XIII. - Validity and Effect

    These General Terms and Conditions are valid and effective from 1 June 2026