ACCEPTANCE OF TERMS AND CONDITIONS
The owner and provider of the domain automobilist.com (the “Website”) is the company Automobilist s.r.o., ID No.: 07199813, with its registered seat at Přístavní 1315/7, Holešovice, 170 00 Prague a limited liability company registered in the commercial register maintained by the Municipal Court in Prague, file C 296488 (the “Automobilist”). Automobilist provides this Website and the Online Store in support of its charitable and educational mission to further the understanding and appreciation of art by the public. BY ACCESSING THE WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms and Conditions”). AUTOMOBILIST MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE NOW AND REFRAIN FROM FURTHER USE.
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 this 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 this website, except for the purposes of fair use as defined in the copyright laws, and as described below.
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.
Automobilist respects the intellectual property of others, and we 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 Automobilist Website of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to Automobilist:
- 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 you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Automobilist Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
WARRANTY AND INDEMNIFICATION
By using the Website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree 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 your use of the Website.
CUSTOMS & VAT FEES
Customers outside the European Union may incur Customs & VAT Fees and any potential charges must be borne by the recipient. All orders from Automobilist are shipped under DAP incoterms
DAP – Delivered At Place
Incoterms 2010 defines DAP as 'Delivered at Place' – the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination. Under DAP terms, the risk passes from seller to buyer from the point of destination mentioned in the contract of delivery.
Once goods are ready for shipment, the necessary packing is carried out by the seller at his own cost, so that the goods reach their final destination safely. All necessary legal formalities in the exporting country are completed by the seller at his own cost and risk to clear the goods for export.
After arrival of the goods 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.
Under DAP terms, all carriage expenses with any terminal expenses are paid by seller up to the agreed destination point. The necessary unloading cost at final destination has to be borne by buyer under DAP terms.
In case the customer is not willing to pay potential local VAT or Customs Fees or ignores the process completely, the order will not be delivered to Customer.
Any refunds for these orders will be processed based on the Customer’s request. The refund value will be calculated according to the following formula:
Order value – (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 (10USD flat rate) = Refund Value.
If Refund Value will be lower than 0, the loss will be borne by Automobilist, and the Customer 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.
DISCLAIMER OF WARRANTIES
AUTOMOBILIST PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR 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 SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. AUTOMOBILIST MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. AUTOMOBILIST ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.
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 Kč
- British Pound Sterling (GBP) -displayed as £
Any claims related to misinterpretation of currency-related values will not be eligible for a refund.
SEVERANCE AND WAIVER
You acknowledge and agree 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, the parties agree 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.
ALTERNATIVE DISPUTE RESOLUTION
Automobilist hereby informs all consumers that, in accordance with the § 14 of Act no. 634/1992 Coll. on Consumer Protection, as amended, for any conflicts arising out of the relationship between Automobilist and the consumers, they are entitled to request a non-judicial dispute resolution with the Czech Trade Inspection Authority. The website of the Czech Trade Inspection Authority is http://www.coi.cz. This provision shall not apply to any relationship Automobilist has with business providers.
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. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.
PROMOTIONS AND SPECIAL OFFERS
Including but not limited to:
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
Raiffeisen Bank a.s. IBAN: CZ5455000000000726191002 SWIFT: RZBCCZPP