Terms and Conditions
to access the vehicle damage catalogue located at
I. Introductory provisions
1. The product is a joint intellectual property of the Transport Research Centre, v. v. i., with registered office at Líšeňská 2657/33a, 636 00 Brno, identification number: 44994575, and the University of Technology in Brno (the Institute of Forensic Engineering) with registered office at Antonínská 548/1, 601 90 Brno), identification number: 00216305 (hereinafter referred to as the "Seller").
2. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code (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 in the nature of an order on the website listed below (hereinafter referred to as the " Purchase Contract ") concluded between the Sellers and another natural person (hereinafter referred to as the " Buyer Consumer "), or another legal person (hereinafter referred to as the " Buyer ") through the Sellers' website at https://www.katalog-poskozeni.cz (hereinafter referred to as the " Website "), through the interface of the Website (hereinafter referred to as the " Web Interface ").
3. The full and current version of the Terms and Conditions is available on the web portal.
4. The Seller may unilaterally change or supplement the Terms and Conditions at any time. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
II. Subject
1. The terms and conditions are an integral part of the purchase contract. For the purposes of these Terms and Conditions, the purchase contract shall also mean the creation of an order for the zero value or for a specified amount according to the current price listed on the Seller's website. If the Seller and the Buyer agree in the Purchase Contract on terms and conditions of purchase different from the Commercial Terms, the different provisions of the Purchase Contract shall prevail over the Commercial Terms.
2. The wording of the Terms and Conditions may be amended or supplemented by the Sellers. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
III. Language
1. The purchase contract can be concluded in Czech or English. The contract of sale and the terms and conditions are drawn up in Czech or English. In case of doubt, the Czech version shall prevail.
IV. User account
1. The purchase contract can only be concluded with a buyer or consumer buyer who has a user account on the web interface.
2. A user account can only be set up on the basis of prior electronic registration. Electronic registration is done by filling in the User Account login form and saving it in the database of the web interface.
3. When registering electronically, the buyer or consumer buyer is obliged to provide all information correctly and truthfully. The buyer or consumer buyer is obliged to keep his/her data provided during registration up to date so that it corresponds to the actual situation. All information provided by the Buyer or Buying Consumer in the user account and when ordering the product is automatically considered correct by the Seller.
4. In accordance with the provisions of Section 1826(3) of Act No. 89/2012 Coll., as amended, the Buyer or the Buyer Consumer is allowed to check and change the input data entered in the order before placing the order using electronic means.
5. In accordance with the provisions of Section 48 of Act No. 110/2019 Coll., as amended, the Act on the Processing of Personal Data, the Controller or, on the basis of his instructions, the processor is obliged to delete personal data as soon as the purpose for which the personal data were processed ceases to exist or on the basis of a request from the data subject pursuant to Section 49 of Act No. 110/2019 Coll., as amended. The Seller has a legitimate interest in keeping certain data for the purpose of financial control, control within the framework of subsidy projects, the Accounting Act, archiving, etc. and the Buyer or the Buyer Consumer acknowledges this fact and agrees to this fact by sending the order.
V. Business correspondence
1. All written correspondence between the Seller and the Buyer or Buying Consumer will be conducted exclusively in electronic form, through the web interface and the Buyer's or Buying Consumer's e-mail box specified in the registration form.
VI. Purchase contract
1. The purchase contract is concluded at the moment when the seller sends to the buyer's or consumer's email address a confirmation of receipt and acceptance of the order.
2. The Seller reserves the right not to conclude a purchase contract for the goods offered on its website without giving any reason. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3. The prices listed on the website in Czech crowns include the value added tax valid in the Czech Republic. In the event that the buyer is a person liable to tax in another member state, the amount of value added tax will be according to the applicable legislation in the state where this person has a permanent residence or registered office. This provision does not in any way limit the buyer's ability to negotiate a purchase contract with individual purchase conditions.
4. Access to the product (Damage Catalogue) is provided to the extent specified on the web interface depending on the module selected. Access to the selected module will be provided within 2 working days after the payment is credited to the seller's account.
5. The Seller shall not be liable for any delay in making the Product available due to incorrectly entered payment details or payment identification data, nor for technical problems caused by a Third Party.
VII. Declaration on the use of cookies
1. A statement explaining how we use cookies is located on the website.
VIII. Price of goods
1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
a. by wire transfer to the seller's account,
b. in another way agreed with the Seller (e.g. at the Seller's cash desk).
IX. Payment terms
1. In case of payment in cash or in case of payment on delivery (the costs associated with this are borne by the buyer), the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within fifteen days of the conclusion of the purchase contract.
2. The seller is obliged to issue a tax document-invoice to the buyer or consumer. This does not apply to cases where the price of the goods is zero.
X. Withdrawal from the contract
1. In accordance with the provisions of § 1829 of Act No. 89/2012 Coll., as amended, the consumer has the right to withdraw from the contract within 14 days from the date of receipt of the goods. The date of receipt of the goods shall be deemed to be the date on which the goods (or login details) were delivered to the email inbox of the consumer purchaser.
2. This provision has a specific regulation in the case of digital content. The buyer cannot withdraw from a contract for the supply of digital content that is not delivered on a tangible medium after performance has begun.
3. The following is more precisely regulated: section 1820(1)(f), section 1837(l) of Act No. 89/2012 Coll., the Civil Code. Payments made are non-refundable, meaning that if the buyer makes payment to the seller, the order is final.
XI. Final provisions
1. In cases where a foreign entity is a party to the purchase contract, the parties agree that the contractual relationship will be governed by Czech law.
2. If any provision of the Terms and Conditions becomes invalid or ineffective, the invalid provision shall be replaced by the provision whose meaning is closest to the invalid provision. The invalidity or ineffectiveness of one provision shall not render the other provisions invalid.
3. In accordance with the provisions of Section 1826(1)(a) of Act No. 89/2012 Coll., the Purchase Contract, including the Terms and Conditions, shall be archived electronically and shall not be accessible.
4. Seller's contact details: Transport Research Centre, v. v. i., with registered office at Líšeňská 33a, 636 00 Brno, identification number: 44994575, registered in the Register of v. v. i., maintained by the Ministry of Education and Science of the Czech Republic.
XII. Other arrangements
1. The Buyer or Buying Consumer acquires ownership of the goods or services only upon payment of the full purchase price of the product.
2. The Seller is not bound by any codes of conduct in relation to the Customer within the meaning of Section 1826(1)(e) of the Civil Code.
3. Out-of-court handling of consumer complaints is provided by sellers via the electronic address nabidka@cdv.cz. The Seller shall send information on the settlement of the Buyer's or Consumer Buyer's complaint to the Buyer's or Consumer Buyer's electronic address.
4. The Seller is entitled to sell goods and mediate trade and services on the basis of the deed of incorporation and also 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 carried out 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.
5. The Buyer or Buying Consumer also has the right to address his/her complaint (if the interested party believes that the legal rights of consumers have been violated by the entrepreneur) to the Czech Trade Inspection Authority or to the municipal trade licensing office of the intermediary. In this regard, the Seller also refers the Buyer and the Buyer's consumer to the wording of Act No. 634/1992 Coll., on Consumer Protection, as amended, where the amendment to the Consumer Protection Act approved by the Government requires the Seller to inform the consumer in a clear, comprehensible and easily accessible manner about the out-of-court consumer dispute resolution body and to provide a link to the website of this body. The Czech Trade Inspection Authority (Czech Trade Inspection Authority's website: http://www.coi.cz/) is the competent body for out-of-court settlement of consumer disputes. The Seller may (but is not obliged to) agree to the out-of-court settlement of the dispute; in the event of the Seller's disagreement, the dispute will be finally decided by the general court.
6. Please note that the Seller shall in no event be liable for any further use of the Product or any part thereof, including any conclusions drawn or inferred by a third party. The information contained in the product is for information purposes only.
7. The buyer (consumer buyer) does not acquire any copyrights by purchase. The use of the information contained in the product in question is only possible on the basis of valid access to the product. It is not possible to access the database from multiple devices simultaneously, free distribution or sharing of access to other persons is prohibited.
8. Violation of the Terms and Conditions may result in termination of access to the product.