Terms of Service

1. Introductory provisions

1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company DATAMATRIX s.r.o. , with registered office at Na Folimance 2155/15, 120 00 Prague, Czech Republic identification number: 08220697, registered in the Commercial Register under the Commercial Register No. C 315022, hereinafter referred to as "Seller") regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on a website located at the Internet address (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").

1.2 The Terms and Conditions do not apply if the person intending to purchase goods from the Seller is a legal person or a person acting in the course of his business or profession when ordering goods.

1.3 Provisions deviating from the terms and conditions may be agreed in the contract of sale. The deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4 The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language and translated to English. The Purchase Agreement may be concluded in the Czech or English.

1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

1.6 The applicable law is the law of the Czech Republic.

1.7 In the event of disputes, the Czech courts shall decide.

2. User account

2.1 Based on the Buyer's registration on the Website, the Buyer may access his/her user interface. The Buyer may order goods from his/her user interface (hereinafter referred to as "user account"). The Buyer may also order goods without registration directly from the web interface of the shop.

2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.

2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his 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, in particular if the Buyer has not used his/her user account for more than 5 years or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).

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

3. Conclusion of the purchase contract

3.1 All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.

3.2 The web interface of the shop shall contain information about the goods, including the prices of the individual goods and the costs for returning the goods if the goods cannot be returned by normal postal means by their nature. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4 To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:

3.4.1. the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),

3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and

3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

3.5 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in 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 on the "Send Order" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.6 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).

3.7 The contractual relationship between the Seller and the Buyer shall be established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.

3.8 The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself and shall not differ from the basic rate.

4. Price of goods and payment terms

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

  • in cash on delivery at the place specified by the buyer in the order;
  • by wire transfer to the Seller's account No. 5714303399/0800, maintained with Česká Spořitelna, a.s. (hereinafter referred to as the "Seller's account");
  • cashlessly via the Stripe payment system; in this case, payment is made via the payment gateway Stripe, and payment is governed by the terms and conditions of this payment gateway, which are available at Stripe.

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

4.3 The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days of the conclusion of the purchase contract.

4.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.

4.6 The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to require payment of the full purchase price before the goods are dispatched 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 it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is/is not subject to value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.

4.9 According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, then within 48 hours at the latest.

5. Withdrawal from the Purchase Agreement

5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Buyer may not withdraw from, among other things, a contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, a contract for the supply of perishable goods, as well as goods, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.

5.2 Unless the case referred to in Article 5.1 of the Terms and Conditions or any other case where the purchase contract cannot be withdrawn from, the Purchaser shall have the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, where the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address.

5.3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be 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 from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.

5.4 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to the Seller or proves that he has sent the goods to the Seller business@eroutegroup.com.

5.5 The Seller shall be entitled to unilaterally set off the claim for payment for damage to the Goods against the Buyer's claim for reimbursement of the purchase price.

5.6 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In this case, the seller shall refund the purchase price to the buyer without undue delay, without any delay, by cash to the account designated by the buyer.

5.7 If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

6. Transport and delivery of goods

6.1 If the ordered goods are in stock, the Seller shall dispatch them within 5 working days from the date on which the order was confirmed by the Seller to the Buyer. Goods that are not in stock shall not be subject to the order unless the Seller and the Buyer agree on an alternative delivery date.

6.2 If the Buyer and the Seller so agree, the Seller shall arrange for the goods to be transported to the place agreed in the Purchase Contract by its own transport or by an external carrier. The place of performance shall then be the delivery address specified by the Buyer in the order, whereby the Buyer shall be obliged to arrange for receipt of the goods at the place of performance and the access road. In the event of his absence at the address specified in the purchase contract on the agreed delivery date, the buyer shall arrange for the goods to be collected by a person who will pay the purchase price of the goods to the driver. In order to ensure correct delivery, the telephone number at which the buyer can be reached must be entered in the order.

6.3 The value of goods that are not in stock and cannot be delivered shall not be included in the order value. The actual realised value of the order is decisive for determining which category the order belongs to.

6.4 Upon receipt of the shipment, the buyer is obliged to check the preservation and integrity of the packaging of the shipment in the presence of the driver. In the event that damage to the packaging of the consignment is detected already upon delivery of the goods, the buyer is obliged to draw up a damage report with the driver and not to accept the consignment. The buyer is obliged to inform the seller on the same day and to state the reason for not taking delivery of the goods. The Seller will then take the appropriate course of action and make every effort to deliver the new shipment on time. In the event of failure to comply with the procedure set out herein, the Buyer shall not be entitled to claim for any defects in the goods, whether quantitative or qualitative, arising during their transport.

6.5 If the Buyer and the Seller so agree, personal collection of the ordered goods is also possible. The Buyer may collect the shipment starting from the fifth working day after confirmation of the order between 8 a.m. and 4 p.m. at Warehouse address.

6.6 The day of delivery is the day of receipt of the goods by the buyer or payment of the full purchase price, or the day of handing over the goods to the carrier for transport, in case of a conflict of the above dates, the day whichever is earlier.

6.7 In the event that the method of transport is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with this method of transport.

6.8 In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or by a different method than that specified in the order, the Buyer shall be obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

6.9 Further rights and obligations of the parties in the delivery of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

7. Complaints Procedure

7.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the relevant generally binding legal provisions (in particular the provisions of 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 shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the goods:

7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,

7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,

7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,

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

7.2.5. the goods comply with the requirements of the legislation.

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 to a defect for which the lower price was agreed, to wear and tear caused by normal use, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.

7.3.The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods.

7.4 The complaint must be made in writing (by e-mail or post) without undue delay or, if the service has not been provided, from the date on which the service should have been provided. The defect may be complained of within six months of receipt of the object of performance at the latest.

7.5 The rights arising from defective performance shall be exercised by the buyer at the address of the seller's establishment where the acceptance of the claim is possible with regard to the range of goods sold.

7.6 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.

7.7 The Seller is obliged to settle the claim within 30 days from the date of handing over by the Buyer (Customer) to the service or technician. This period may only be extended with the consent of the customer. The term "resolution of the complaint" shall be understood to mean doing one of the following:

7.7.1 If the defective performance is a material breach of contract, the buyer has the right:

  • to remedy the defect by delivery of a new item without defect or by delivery of the missing item,
  • to remedy the defect by repairing the item,
  • a reasonable discount on the purchase price; or
  • withdraw from the contract.

7.7.2 If the defective performance is an insignificant breach of contract, the buyer has the right to have the defect removed or to a reasonable discount on the purchase price. As long as the buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the seller may supply what is missing or remedy the legal defect. The seller may remedy other defects at his option by repairing the item or supplying a new item; the choice must not cause unreasonable costs to the buyer. If the seller fails or refuses to remedy the defect in time, the buyer may demand a reduction in the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the seller's consent.

7.8 Upon delivery of a new item, the customer is obliged to return the original item at his own expense. The customer is obliged to accept the complaint without undue delay within 14 days of being informed of its settlement. If the complaint is not accepted by the buyer no later than the last day of the deadline, the seller will be charged a storage fee of 2 $ for each day of delay. When issuing the goods or paying the credit note in cash after the claim has been settled, the buyer is obliged to present the document on the basis of which the item was accepted for claim and must prove his identity with a valid identity document (ID card, passport) to prevent damage and the laundering of proceeds of crime. Without the presentation of any of these documents, DATAMATRIX s.r.o. or its contractual partner may refuse to release the goods or to refund the credit note.

7.9 DATAMATRIX s.r.o. shall have the right to refuse to accept goods for claim in cases where the goods and/or their components claimed are contaminated or do not meet the basic requirements for hygienically safe submission of goods for claim.

7.10. If a guarantee of quality has been given, this guarantee does not apply to damage caused (unless such action is normal and is prohibited in the enclosed instructions for use):

  • Mechanical damage to the goods caused by any person other than Eroute or the carrier in the delivery of the goods;
  • electrical surges (visibly burned components or circuit boards), except for normal deviations;
  • use of the goods in conditions that are unsuitable in terms of temperature, dustiness, humidity, chemical and mechanical environmental influences contrary to the conditions of use;
  • improper installation, handling, operation or neglect of the goods;
  • damage caused by excessive loading or use contrary to the conditions specified in the documentation or the general principles;
  • unqualified intervention or alteration of parameters;
  • Goods which have been modified by the customer if the defect is due to such modification;
  • damage caused by the elements or acts of God; or
  • the use of incorrect or non-original consumables or for damages resulting therefrom, unless such use is customary and has been excluded in the accompanying instructions for use.

7.10.1 Items of normal wear and tear in everyday use include:

  • tyres and tubes
  • ABS plastic covers
  • upholstery and seating (armrest pads and seat cover)
  • engine brushes
  • brake pads
  • fuses and bulbs
  • baskets
  • lock

These limitations do not apply if the features of the goods which are contrary to the above conditions have been expressly agreed, exchanged or declared by the customer and Eroute, or are to be expected in view of the advertising carried out or the normal use of the goods.

7.11. The buyer cannot withdraw from the contract or demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply,

if the condition has changed as a result of an inspection to detect a defect,
if the buyer used the goods before the defect was discovered,
unless the buyer has caused the impossibility of returning the goods in the unaltered condition by his act or omission; or
if the buyer has sold, consumed or altered the goods in the ordinary course of use before the defect was discovered; if this has happened only in part, the buyer shall return to the seller what he can still return and shall compensate the seller for the damage to the extent that he has benefited from the use of the goods.
If the buyer has not notified the defect in time, he loses the right to withdraw from the contract.

7.12. The Buyer is obliged to point out the defect covered by the warranty to the Customer without undue delay after he has had the opportunity to inspect the object of performance and discover the defect, but no later than within the complaint period determined by the length of the warranty period.

8. Other rights and obligations of the parties

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

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

8.3 Consumer complaints are handled by the Seller via the electronic address business@eroutegroup.com. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.

8.4 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

8.5 The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under 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 control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

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

9. Data protection

9.1 The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation 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 referred to as the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations on the Purchase Contract and for the purposes of the performance of the Seller's public law obligations through a separate page on personal data protection.

10. Sending commercial communications and storing cookies

10.1 The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. 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 purpose of sending commercial communications by means of a separate document.

10.2 The Buyer agrees to the storage of cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract can be fulfilled without the storage of cookies on the buyer's computer, the buyer may withdraw the consent according to the previous sentence at any time.

11. Other policies

11.1 Further, you confirm that you agree to Warranty Statement.

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 according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of 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 or becomes invalid or ineffective, 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 Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.4 Contact details of the Seller:

Delivery address: 
e-mail address: business@eroutegroup.com
telephone: 703 669 443

These terms and conditions are effective from 07.02.2024.