Terms and Conditions

1. General Introduction

The owner and provider of the domain www.automobilist.com (the “Website”) is a company Automobilist s.r.o., ID No.: 07199813, with its registered seat at Přístavní 1315/7, Holešovice, 170 00 Prague, Czech Republic, registered in the commercial register maintained by the Municipal Court in Prague, file C 296488 (“Automobilist”). These Terms and Conditions set up the mutual rights and obligations of the contracting parties arising from or in connection with the purchase agreement (the “Purchase Agreement”) concluded by and between Automobilist, as the seller, and another person, as the buyer (the “Buyer”) through the Website and form the integral part of the Purchase Agreement (the “Terms and Conditions”).

BY ACCESSING THE WEBSITE, THE USER AND BUYER ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS. AUTOMOBILIST MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND THE USER AND BUYER. IF THE USER AND/OR BUYER DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, AUTOMOBILIST RESPECTFULLY REQUEST SUCH USER AND/OR BUYER TO EXIT THE WEBSITE NOW AND REFRAIN FROM FURTHER USE.

2. Acceptance of Orders

All presentations of the merchandise on the Website are informative and do not constitute a legally binding offer. Automobilist shall not be obliged to conclude a Purchase Agreement for this merchandise.

By clicking on the “CONFIRM MY ORDER AND PAY [RESPECTIVE AMOUNT]” button, the Buyer is submitting a binding order of the merchandise contained in the shopping cart. The order is confirmed via an automated e-mail immediately after receiving the order. The order confirmation (automated e-mail) does not yet constitute conclusion of the Purchase Agreement. Automobilist reserves the right not to accept an order, in which case the Buyer will be notified within 7 days of receipt.

The order shall only be bindingly accepted by Automobilist and the Purchase Agreement concluded upon Automobilist sending an e-mail confirming that the order has been dispatched.

3. Delivery Policy

Automobilist goal is to dispatch the order within 3-5 working days of it being placed subject to the payment method and stock availability. Orders shipped to countries outside the EU may take 5-10 working days. For posters reflecting live events, the dispatch may take up to two working weeks. If the Buyer needs to contact Automobilist regarding the delivery of the merchandise, the Automobilist´s customer service is available at: support@automobilist.com.

4. Prices & Supported currencies

Prices are listed in EURO, GBP, USD and CZK, and include Czech VAT (21%). Prices exclude delivery costs. These will be charged separately to the Buyer and include VAT (21%). Additional charges for customs clearance, additional countries tax fees are borne by the Buyer; Automobilist has no control over these charges and cannot predict what they may be.

Automobilist is currently supporting the following currencies for display and checkout purposes:

  • United States Dollar (USD) - displayed as $;
  • Euro (EUR) - displayed as ;
  • Czech Crown (CZK) - displayed as ; and
  • British Pound Sterling (GBP) - displayed as £.

Any claims related to misinterpretation of currency-related values will not be eligible for a refund.

The Buyer can choose between making a payment by credit/debit card or PayPal. Automobilist reserves the right to limit or expand the options of payment dependent on different criterions. The purchase price shall be paid immediately after the order is placed. The Buyer’s obligation to pay the purchase price is fulfilled as soon as the amount has been transferred to the Automobilist’s account.

All credit card/debit card transactions are subject to validation and are authorised by the Buyer´s card issuer. If the credit card payment is rejected, then the Buyer´s order will not be fulfilled. The Buyer will be contacted by Automobilist customer service and if Automobilist does not receive a reply from the Buyer within 5 working days, Automobilist reserves its right to cancel the order.

5. Customs & VAT Fees

The Buyer outside the European Union may incur Customs & VAT Fees and any potential charges must be borne by the Buyer.

Refunds

In case the Buyer is not willing to pay potential local VAT or Customs Fees or ignores the process completely, the order will not be delivered to the Buyer.

Any refunds for the orders made by the Buyer will be processed based on the Buyer’s request. The refund value will be calculated according to the following formula:

Order value (the amount specified in invoice) – Shipping and handling costs (Shipping cost to the destination + Shipping cost back to Automobilist + Fees from Customs re-invoiced to Automobilist + Refund fee charged by payment gate + Restock fee 10 USD flat rate) = Refund Value.

If Refund Value will be lower than 0, the loss will be borne by Automobilist, and the Buyer will not receive any refund.

In order to calculate all costs associated with Automobilist is reserving the right to have up to 50 days to gather all necessary evidence for deductions made from the Order value.

6. Promotions and special offers

7. Payments and Deliveries

Payment and Deliveries
  • Automobilist accepts: VISA, MASTERCARD, PAYPAL.
  • Automobilist doesn’t charge any credit card fees.
  • The Buyer acknowledges that it is not possible for Automobilist to charge an amount higher than the one approved by the Buyer.
  • Automobilist is tax registered in EU.
  • Automobilist accepts the following currencies – EUR, USD, GBP and CZK.
VAT, CUSTOMS AND IMPORT DUTIES

If the Buyer´s delivery country charges customs or import duties, these will be charged once the package reaches the destination country. The Buyer will have to pay these charges separately. This also applies to the purchase of gifts or purchases made on behalf of another person.

Unfortunately, Automobilist has no control over customs and import charges and cannot inform the Buyer of how much they will be before the Buyer orders. Customs policies vary widely from country to country, so the Buyer should contact a relevant local customs office for further information.

SHIPPING COSTS AND DELIVERY TIME

Automobilist ships worldwide from the fulfilment centre in Prague, Czech Republic. The Buyer has to pay shipping and handling charges which may vary as per the final order value and country of delivery. In case of books or non-poster merchandise, the shipping cost will also reflect the weight of the merchandise. Automobilist requests the full payment of the purchase price before the merchandise is sent to the Buyer.

The Buyer will find the relevant delivery zone as well as the minimum order value to qualify for free shipping during his purchase. For merchandises in stock, dispatch takes place within 1-5 business days after receiving the order within the EU, 5-10 days outside the EU. For posters reflecting live events, the dispatch may take up to two working weeks.

Most of the shipments are handled by carriers such as FedEx, TNT, DHL, GLS or UPS. Upon dispatch of the Buyer´s order, an automatic email is sent by Automobilist containing a tracking number and an estimated date of delivery. The Buyer acknowledges that the listed durations are only estimations and depending on destination, parcels can be delayed in customs.

After arrival of the merchandise in the country of destination, the customs clearance in the importing country needs to be completed by the Buyer, e.g. import permit, documents required by customs and etc., including all customs duties and taxes.

All carriage expenses with any terminal expenses are paid by Automobilist up to the agreed destination point. The necessary unloading cost at final destination has to be borne by the Buyer.

8. Packaging

To ensure a safe delivery – wherever the Buyer is in the world – the merchandises are packaged with great care, preventing creases, rips, tears or any other damage.

  • Posters are rolled in protective tube.
  • Books and Non-Posters are shipped in suitably protective packaging.

9. Unpacking instructions

Automobilist has done its bit to ensure the order reaches the Buyer intact, safely. For a seamless unpacking and installation experience, Automobilist recommends the following:

  • Remove cap from tube;
  • Gently slide the print out, but not force it;
  • Remove plastic cover;
  • Uncurl poster and place heavy objects on each corner;
  • Leave to flatten overnight;
  • Choose a suitable frame (50 x 70cm);
  • Frame it, hang it, love it; and
  • Click, post, share with Automobilist on @iamautomobilist.

10. Withdrawal and Returns

The Buyer´s satisfaction is Automobilist´s goal. If for any reason the Buyer is not satisfied with the merchandise, the Buyer may withdraw from the Purchase Agreement and return the merchandise within 14 days of receipt of the merchandise for an exchange or refund. The withdrawal period begins from the day on which the Buyer, or a designated third party that is not a carrier, takes the merchandise (or the last part of the order) into their possession.

In case of the Buyer´s withdrawal from the Purchase Agreement, Automobilist will refund the purchase price to the Buyer within 14 days following receipt of the merchandise to the following address:

Automobilist s.r.o.
Přístavní 1315/7
170 00 Prague
Czech Republic

The purchase price shall be refunded in the form of its original payment, except for credit card payments which are refunded via a wire transfer to the bank account notified by the Buyer to Automobilist.

The merchandise returned must be in its original packaging in saleable condition and sent in a shipping box corresponding to the original shipping box and preventing the merchandises from damage.

Upon taking over the merchandises from carrier, the Buyer is obliged to check the packaging. If the merchandise arrives damaged or defective, Automobilist must be contacted immediately at the following email address support@automobilist.com. The Buyer has 48 hours after the delivery of the merchandise to prove the merchandise arrived defected or damaged and has 14days after delivery to return the damaged merchandise/s to Automobilist´s office. Automobilist will, subject to availability, replace the merchandise immediately upon receipt. If stock is unavailable, Automobilist will refund the full purchase price or offer full repair.

The merchandise that has been shipped as COD (cash on delivery) will not be accepted by Automobilist.

ADDITIONAL RETURN INFORMATION

The Buyer acknowledges that:

  • Shipping and handling charges are not refundable.
  • Paypal fees, bank transaction fees and alike are not refundable.
  • In case the Buyer paid via credit card and would like a refund, the Buyer shall get in touch with Automobilist´s representative, as direct refunds are unfortunately not possible with Automobilist´s online shop system.
  • Any costs associated with the return of the merchandises shall be paid by the Buyer, regardless of whether the merchandises cannot be returned in an usual manner. Automobilist does not cover any charges for shipping the merchandises back.

For any other questions, the Buyer may get in touch with the Automobilist´s customer service – support@automobilist.com

11. Dispute Resolution

Any dispute between Automobilist and the Buyer arising from or in connection with the Purchase Agreement will be settled exclusively according to the law of the Czech Republic.

If a relationship based on a Purchase Agreement contains an international (foreign) element, then Automobilist and the Buyer agree that such relationship is governed by the Czech law. This does not affect the rights of the Buyer under generally binding legal regulations. Simultaneously, the application of the United Nations Convention on Contracts for the International Sale of Merchandises is strictly excluded.

Automobilist hereby informs the Buyer that, in accordance with Section 14 of the Act no. 634/1992 Coll., on Consumer Protection, as amended, for any conflicts arising out of the relationship between Automobilist and the Buyer (who is a consumer), the Buyer is entitled to request a non-judicial dispute resolution with the Czech Trade Inspection Authority, having its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, identification number: 000 20 869. The website of the Czech Trade Inspection Authority is http://www.coi.cz. This provision shall not apply to any relationship Automobilist has with the business providers (entrepreneurs).

12. Severence and Waiver

The Buyer acknowledges and agrees that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, Automobilist and the Buyer have agreed that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions.

Automobilist’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Automobilist.

12. Entire Agreement

These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. These Terms and Conditions are valid from 01.11.2020.

13. All Content is Protected by Copyright Laws

Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Website are protected by copyright laws and may be covered by other restrictions as well. Automobilist retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on the Website may also subsist in individuals and entities other than, and in addition to, Automobilist. Automobilist expressly prohibits the copying of any protected materials on the Website, except for the purposes allowed by the copyright laws, and as described below.

14. Reservation of Rights

All rights not expressly granted by Automobilist herein are specifically and completely reserved. Nothing on the Website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Automobilist has authority to grant any right or license on behalf of any third party.

15. Copyright infringements

Automobilist respects the intellectual property of others, and ask users of the Website to do the same. Automobilist may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Website of users who may be repeat infringers of copyright. If a person concerned believes that his/her work has been copied in a way that constitutes copyright infringement, the person concerned should provide Automobilist with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  • a description of the copyrighted work that the person concerned claims has been infringed;
  • a description of where the material, on the basis of which the infringement is claimed, is located on the Website;
  • address, telephone number, and email address;
  • a statement made by the person concerned that the person concerned has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement made by the person concerned that the above information in the notice is accurate and that the person concerned is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

16. DISCLAIMER OF WEBSITE WARRANTIES

AUTOMOBILIST PROVIDES THE WEBSITE ON AN “AS IS” BASIS. THE USE OF THE WEBSITE, CONTENT, AND COMPILATION IS AT USER´S OWN RISK. AUTOMOBILIST DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. AUTOMOBILIST DOES NOT WARRANT THAT THE WEBSITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. AUTOMOBILIST MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE WEBSITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT USER OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE WEBSITE. AUTOMOBILIST ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, USER´S COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM THEUSE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.

Warranty and Indemnification

By using the Website in any manner, the user represents and warrants that the use of the Website will be consistent with these Terms and Conditions. The user agrees to indemnify, defend, and hold Automobilist, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to use of the Website.

Limitation of liability

Neither Automobilist, its affiliates, trustees, directors, officers, employees, or agents shall have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special or consequential damages (even if Automobilist has been advised of the possibility of such damages) arising from or related to use of the Website, content, and/or compilation.

17. Company details

Automobilist s.r.o.
Přístavní 1315/7
170 00 Prague
Czech Republic
VAT ID: CZ07199813

A limited company registered by Prague Municipal Court under file C 296488 with company registration number 07199813

18. Bank details

Raiffeisen Bank a.s.
IBAN: CZ5455000000000726191002
SWIFT: RZBCCZPP

19. Return Form

You can download the form here.

Name:

E-mail:

Phone:

 

Order number:

 

I would like to:  Get a refund

 

  Change the product for …………………………………

 

Automobilist will make the refund the same way that the Buyer made the payment, except for credit card payments which are refunded via a wire transfer to the bank account notified by the Buyer.

Automobilist will return Buyer´ money to the following bank account:

IBAN

BIC

 

Return address:

Automobilist s.r.o.

Přístavní 1315/7

170 00 Prague

Czech Republic

 

The return costs are at the Buyer's expense. Orders shipped as COD (cash on delivery) will not be accepted. The 14-day return period starts on the day the Buyer receives the merchandises.

More detailed information regarding the returns and refunds are available at www.automobilist.com/pages/Terms-Conditions.