Terms and conditions
I. Fundamental provisions
1. The e-shop is operated by: MGM COMPRO s.r.o., registered at this address: Ruzova 307, Louky, 763 02 Zlin, company number 030 93 212, registered in the Commercial Registry of the Regional Court in Brno, section C, file number 83582 (hereinafter referred to as the Seller).
2. These terms and conditions shall apply to shopping in our e-shop, where the buyer is either a consumer, i.e. an individual who, outside the scope of his or her business activity or individual job concludes a contract with a business or otherwise negotiates with such business, or a person that is not a consumer, i.e. a corporate entity or a business (hereinafter referred to as the “Customer”).
3. If the Customer is a business or a businessman/woman and when entering into the contract the circumstances clearly indicate that the purchase is connected with that Customer’s business activity, then Art. IV. and sub-articles V.2 – 8 of these terms and conditions shall not apply. The arbitration clause defined in Art. X. Hereof shall not apply to a buyer who is a consumer.
4. The binding version of these terms and conditions is the version published on the website of this Seller as on the day the Customer sends the electronic order.
5. This contract is subject to and shall be interpreted under Czech laws, especially Act 89/2012, the Civil Code, as amended, and as long as the Customer is a consumer then also Act 634/1992, the Consumer Protection Act.
6. All disputes arising from this contract or in connection herewith shall be resolved upon mutual agreement of these Parties. If a dispute cannot be resolved upon mutual agreement, these disputes shall be resolved by courts of the Czech Republic.
7. These terms and conditions are an indivisible part of the concluded purchase agreement or service agreement. A contract predicted by these terms and conditions may be concluded in Czech language, German language or English language, the purchase agreement may be conducted via e-shops placed on websites www.mgm-controllers and domains (TLD) .cz, .de, .com.
8. According to the sales registration law, the seller is obliged to issue a receipt for the buyer. The seller is also obliged to register received revenue by the tax administrator online (in case of technical failure within 48 hours).
II. Order, conclusion of the purchase contract
1. Placing any offer to order goods on the website of this Seller is not an offer to conclude a contract. The Customer’s act of placing the order hence does not bring any rights or obligations to this Seller. The Seller shall inform the Customer as to acceptation of the order via a confirmation automatically generated in the e-shop of this Seller after the order is complete. The contract is concluded only when the Seller delivers to the Customer the confirmation of Conclusion of contract. Only at the moment of delivery of such a confirmation to the Customer there arise mutual rights and obligations between this Customer and this Seller.
2. A requirement for due placing of an electronic order is this: filling in all the data and information prescribed by the order form. When placing the order the Customer confirms that the Customer duly read these terms and conditions and agrees to be bound by them. Errors in filled in data in the process of placing the order may be found out during a follow-up check made by the Customer, whereas these errors may be corrected and proper data may be filled in. When filling in the registration form or order form in the e-shop the Customer hereby gives this Seller the consent to collect, process and archive the Customer’s personal data and information as to his/her purchases.
3. Purchase price/ service price is the price the Seller states in the offer of the goods at the time the Customer placed the order. If an item has no price tag or the price tag says “zero” (for example in brand new merchandise), the purchaser shall ask the Seller about the price. The Seller shall inform the Customer of the price as soon as possible. Price tags are set in accordance with a region, include 21% VAT, or is VAT-excl. Fo regions outside of EU and for registered EU merchants (outside the Czech Republic) with valid VAT.
4. Action price tags are in effect until stocks are all sold out, unless special information around such merchandise states otherwise.
5. Purchase price/ service price may be paid as follows:
- by card,
- wire transfer,
- cash upon receipt of goods (on condition this method is available in the region of destination).
6. If an interested party places a regular order and the Seller does not enter into the contract, this Seller shall return to that interested party all and any considerations already provided.
7. If the Customer selects cash upon receipt of goods, these Parties hereby agree on an exclusion of ownership right according to § 2132 et seq. of the Civil Code. The Customer shall become the owner of the merchandise only once having fully paid the price. Upon acceptation of the merchandise all and any risk of harm or damage to the merchandise passes onto the Customer.
8. If a service contract is concluded under these terms and conditions, the Customer gains ownership rights as to the subject of the service when the service is accepted. Upon acceptation all and any risk of harm or damage passes onto the Customer. Acceptation of a service is subject to § 2090 of the Civil Code.
III. Delivery Terms
1. The Customer has these following choices as to the delivery option:
- GEIS Parcel (fully insured),
- TNT EXPRESS (fully insured),
- Ceska posta, s.p. (insured as per the selected service terms).
2. Depending on the selected delivery region the transporters may offer various types of transportation (such as express overnight etc). Depending on the selected delivery region all or only some of the transporter may be offered.
3. Transportation costs depend on weight, delivery region (destination), selected transporter and type of transportation. Based on this information exact transportation costs are calculated. This shall be shown before the completion of the order in step “Transport and payment” before making payment, or before selecting payment method. Other delivery methods including personal pickup are available upon agreement with the specific salesperson of this Seller.
4. If the goods in the shopping cart exceeds the stated measures or weight, the Customer is informed before the completion of the order. In such cases the Customer shall be promptly contacted by the specific salesperson of this Seller and individual transportation options shall be offered.
5. Electronics MGM COMPRO is usually sent out in 3-10 business days since the purchase agreement is concluded, engines Lehner LMT usually in 10-14 days since the purchase agreement is concluded (LMT completes all engines based on individual orders, as their policy is not to keep stocks of all “number of coils” modalities). Custom build solution, such as Ready to Run cars usually takes up to 1 month to deliver.
6. Other merchandise is sent out similarly to electronics of MGM COMPRO, unless the specific product states otherwise. If terms set forth above cannot be kept, the Seller immediately informs the Customer as to the current delivery.
7. Loss, damage, theft or other damage risks as to this merchandise pass onto the Customer in case of personal pickup and as of the moment the merchandise is handed over.
8. The merchandise is deemed sent out as on the day it is handed over to the transporter. The Seller is not liable for potential faults as to transporter service. While a package is being handed over we hereby recommend that the Customer checks the package for damage and deformations. If there are any, we recommend not accepting the package and making a complaint with the transporter.
1. This part of these terms and conditions states information connected with Customer’s (who is a consumer) withdrawal from contract – and terms of such withdrawal along with the description of the process. This part of these terms and conditions also serves as the legal information for the Customer (who is a consumer) regarding the right to withdraw from this contract.
2. The Customer has the right to withdraw from this contract without having to state any reasons or grounds as long as this occurs within 14 days since accepting the merchandise. If several kinds of merchandise are part of the order or several parts are delivered, this Customer has the right to withdraw from this contract without having to state any reasons or grounds within 14 days since accepting the last delivery. In order for the term and deadline to withdraw from this contract to be met all that is necessary is to send the written withdrawal from the contract before the end of the prescribed deadline.
3. In case of withdrawal according to the previous sentence the Customer shall, with no unwarranted delay, but always within fourteen days since said withdrawal, return the merchandise to this Seller, and shall do so by delivering the goods at the registered address of this Seller, if possible in the original casing and/or wrapping, including a copy or xerocopy of the delivery note. In order for the term and deadline to return the merchandise to be met all that is necessary is to send the merchandise back before the deadline is over. The Customer bears direct all cost of returning the merchandise. If the goods cannot be returned via usual mail, maximum costs are assessed to be: 150 EUR, whereas criteria aiding in the assessment is this: comparison with the price list of Ceska posta, s.p. (Czech Mail Service, governmental corporation) for “Insured Parcel Economy” with weight 30 kg; actual costs connected with returning of this merchandise may thus be higher. If the returned goods are incomplete, damaged or visibly worn, the Seller may raise against this Customer all and any damages claims. Damages as to such merchandise may be unilaterally cleared against the Customer’s claim to the consideration already provided. The Customer is only liable for the decrease in value of the merchandise in result of handling the said merchandise in a way different from the way of handling necessary in order to familiarize oneself with the nature and attributes of such merchandise including the functionality of such merchandise.
4. If the Customer withdraws from this contract, the Seller shall return to such Customer with no undue delay and always within 14 days since the withdrawal all monetary amounts including the costs of delivery that this Seller accepted from this Customer based on this contract and shall do so in the same way. Thus, based on the withdrawal the Customer shall have no further costs. Monetary means shall be returned by this Seller only after receipt of returned goods or after seeing the evidence the merchandise was sent back.
5. If the Customer selects a method of delivery different from the cheapest delivery method offered by this Seller the Seller shall return to this Customer only the delivery costs corresponding with the cheapest offered method of delivery.
6. The right to withdraw from this contract must be exercised at MGM COMPRO s.r.o., registered at this address: Ruzova 307, Louky, 763 02 Zlin, company number 030 93 212, registered in the Commercial Registry of the Regional Court in Brno, section C, file number 83582, in form of a unilateral legal act (such as a written letter sent via mail service operator). In order to withdraw from the contract the Customer may at any moment (“may” means “is not bound to”) use our Withdrawal form, one that is published on the Seller’s website, namely in section “Terms and Conditions”.
7. The Customer is aware that according to § 1837 of the Civil Code it is, among other things, legally impossible to withdraw from a purchase contract as to delivery of merchandise that was custom-made upon instructions of the Customer or adjusted to fit him/her, and from a contract as to delivery of merchandise that was delivered in a closed container once the Customer removed the merchandise from the container and on health or hygienic grounds the merchandise cannot be returned.
8. The Seller may withdraw from this contract as follows:
- The goods are no longer produced or delivered,
- Stocks at the Seller were sold out,
- Price changed drastically, The Seller is unable to meet prescribed obligations.
If the Seller withdraws from the contract as per this article of these terms and conditions, the Seller shall contact the Customer and shall recommend to him/her some other merchandise in its place. If the Parties cannot agree on delivery of some other merchandise in place of the original one or if the Parties cannot come to some special agreement, the Seller shall return to this Customer all monetary means already paid, and shall do so within ten business days since the amount was credited to the bank account of this Seller.
V. Rights from faulty consideration or defective merchandise
1. It is possible to raise claims from faulty consideration or defective merchandise with this Seller as follows: address: Ruzova 307, Louky, 763 02 Zlin. Potential claims and complaints shall be dealt with in accordance with these terms and conditions and the laws of the Czech Republic.
2. The Seller is liable for all defects of merchandise. The Seller is especially liable as follows (as at the moment the Customer is accepting the goods):
- The merchandise has the attributes these Parties agreed upon, and in lack of any such provisions then attributes the Seller or the producer of the merchandise describes or the Customer expects given the nature of the merchandise and given the advertised information they provided,
- The merchandise is fit for the purpose the Seller advertises or the use such merchandise usually has,
- The merchandise in its quality or design corresponds with the agreed sample or template, as long as quality or design were defined by agreed sample or template,
- The merchandise is in relevant quantity, measure or weight, and
- The merchandise is in compliance with requirement of the law.
3. If the merchandise does not have the attributes specified above, the Customer may request new merchandise to be delivered, one without defect and faults, as long as such a request is not disproportionate to the nature of the defect or fault, but if the defect or fault is only connected with a part of the goods, the Customer can only request that part to be replaced; should that not be possible the Customer has the right to withdraw from the contract.
4. If it is disproportionate to the nature of the defect or fault, especially if the defect or fault may be repaired without any undue delay, the Customer has the right to get the defect or fault repaired with no cost.
5. The Customer has the right to delivery of new merchandise or replacement of a faulty part even if the defect or fault is repairable, as long as the Customer cannot use the merchandise properly based on repeated occurrence of the defect or fault after the repair or if the number of defects or faults grows. In such a case the Customer has the right to withdraw from the contract.
6. If the Customer chooses not to withdraw from the contract or if the Customer fails to apply the right to delivery of new merchandise without defects and faults, the right to delivery of replacement of a faulty part or the right to repair of the merchandise, the Customer may still request proportionate discount. The Customer has the right to a proportionate discount even if the Seller cannot deliver to that Customer new merchandise without defects or faults, replace a part or repair the merchandise, and also in case the Seller fails to correct the state of affairs in an appropriate term or if the correcting of the state of affairs caused significant difficulties to this Customer.
7. The rights arising from defective or faulty consideration does not arise if the Customer knew before accepting the merchandise that the merchandise is defective or faulty and also in cases where the Customer caused the defect or fault.
8. The Customer may exercise rights arising from receipt of defective or faulty merchandise regarding all consumer goods within: twenty-four months since receipt of the merchandise. If second hand or used goods were so purchased, the Customer must exercise rights arising from receipt of defective or faulty merchandise regarding all consumer goods within: twelve months since receipt of the merchandise. These statements above shall not apply in these cases:
- Items sold for a price that is reduced on account of defects or faults for which reason this reduced price was agreed,
- Common use wear and tear,
- Regarding second hand or used goods: defects or faults corresponding with the measure of wear and tear the item had at the moment of accepting the item,
- If the nature of the item so dictates,
- Before accepting the item the Customer knew the item was defective or faulty, or where the Customer caused the defect or fault.
9. At the moment of delivery of new merchandise the Customer shall return to the Seller (and at the Seller’s own expense) the merchandise originally delivered to him/her/it. In such a case the Seller shall pay to the Customer only the expenses that were actually paid and that were proportionate to the nature of the matter. The Seller need not pay to the Customer the costs of return of the merchandise from a place not corresponding with the venue originally intended for the use of the merchandise and at the same time located in the area which requires disproportionately higher costs connected with the transportation of the merchandise at the registered address of this Seller, unless the Customer had notified Seller of the possibility the merchandise might be used is such a locality before the contract was concluded. The Customer is not entitled to make the return of the merchandise conditional to payment of above mentioned costs connected with the return of the merchandise. The Customer is entitled to request the payment of such costs only when the merchandise is delivered at the registered address of the Seller.
10. The Seller or a staff member appointed by the Seller shall resolve the complaint immediately, and in complicated cases in three (3) business days. This deadline does not include the time needed for the relevant type of goods to be checked for defects and faults by professional personnel.
11. The Seller shall ensure resolving claims and correcting defects and faults without any undue delay, always within thirty (30) days since the claim or complaint was made, unless the Seller and the Customer agree on a different deadline.
12. Complaint procedure in products with premium servicing, Exclusive and Exclusive PRO, has express deadlines: max. 10 business days for Exclusive and max. 5 business days for Exclusive PRO.
13. During the complaint or claim procedure it is always necessary to supply documentation issued for the Customer, i.e. the invoice or another document that is proof of purchase/payment for service. The Customer shall hand over to the Seller the merchandise to which the complaint pertains complete, along with all documentation, clean, if possible in the original wrapping or packaging with unbroken security label, band or seal. The Customer shall make his/her notification of found defects or faults in written and must use a Service form (if one was not enclosed with the merchandise, the Customer may ask the Seller’s staff to send him one) and will enclose it with the goods to which the complaint pertains. It is necessary to specify the defects or faults and how they manifest.
14. If the complaint process ends with sending new merchandise, the Customer shall pay the costs of transport of the goods to which the complaint pertains to the place of the registered address of this Seller while the Seller shall pay the costs of transport of the new goods to the Customer.
15. The term for resolving the complaint commences on the date all the requirements for handling the complaint were met, which means the goods were received, the copy or xerocopy of the proof of purchase was received, duly filled and signed complaint form was received.
16. The Customer is aware that the goods (product) cannot be deemed defective or faulty and the Seller is not bound to pay damages as per § 2939 of the Civil Code as long as it was used on purpose different from the one stated by the Seller. If the purpose of use of the merchandise is not specified by the Seller the Seller is not bound to pay damages as long as it was used on purpose that cannot be expected in such goods with respect to all existing circumstances and especially with respect to the way the goods were introduced to the market or offered.
VI. Warranty of quality
1. Regulators X2-SERIES and X2-SERIES PRO come with an exclusive extended warranty of quality: 3 years for X2-SERIES Regulators and 5 years for X2-SERIES PRO Regulators.
2. Warranty commences on the date the merchandise is received by the Customer; if the merchandise was sent out, warranty commences on the date the merchandise reaches its destination.
3. Warranty is extended by each day the merchandise is in servicing. If the result of the servicing is exchange of merchandise for new one, a new full warranty commences on the date the new merchandise is received by the Customer.
4. Regarding the notification of defect or fault within warranty: terms and conditions herein specified regarding raising claims connected with defected or faulty goods shall apply.
VII. Servicing terms and conditions (after-warranty and outside-of-warranty servicing)
1. After-warranty and outside-of-warranty servicing of our merchandise is subject to these terms and conditions.
2. Servicing products with premium servicing, Exclusive and Exclusive PRO, has express deadlines: max. 10 business days for Exclusive and max. 5 business days for Exclusive PRO.
3. The price for servicing is: 40 EUR/hour. The fee is charged per each 15 minutes of servicing work.
4. The cover letter needs to be accompanied by a filled in Service form (if one was not enclosed with the merchandise, the Customer may ask the Seller’s staff to send him one).
5. After the merchandise is received for servicing diagnostics are run to discover defects and faults and the Customer shall be informed of the estimated price for the servicing. The estimated price of the servicing includes the price for the initial diagnostics, spare parts, predicted time of work spent on servicing and potential logistics of the goods back to the Customer. The Customer shall notify us of what the instructions are without any undue delay.
6. If the Customer refuses the service in the stage of running diagnostics or after the diagnostics were run, but before we started to work on the repair, a charge shall apply, i.e. the Customer must pay for the diagnostics, a fee of at least 20 EUR depending on the time spent on the diagnostics. Further, we will charge costs of potential logistics of the goods back to the Customer.
7. In case any further unexpected defects or faults are discovered during the servicing, the Seller hereby reserves the right to exceed the estimated servicing price by a sum not exceeding the estimated price by 10%. If the extra price above the estimated price should exceed 10% of the estimated price, the Customer shall be immediately informed of this and the Customer shall notify us of what the instructions are without any undue delay.
8. All servicing goes along with a warranty for quality with this term: 6 months. The warranty term commences on the date the serviced goods are received by the Customer.
9. Costs of logistics of the goods in respect of servicing are borne by the Customer.
10. After the repair is over the merchandise shall be sent back to the Customer by the transporter the Customer selected and announced in advance to the Seller’s staff. The price of the after-warranty and outside-of-warranty servicing, and the costs of logistics may be paid by wire transfer, PayPal, or card. Cash is an option as well, if paid when coming to pick up the goods from the registered address of the Seller.
1. Our section “Sales” offers items that need to be sold out or items that are in some way non-standard. Mostly these are quite new and unused goods. Also, this section contains items that were unwrapped, unpacked and used in exhibitions or shows, goods with damaged packaging or other minor damage. Complete information set forth with individual product.
2. Sales only apply until stocks are sold out.
3. Sales prices are final and are not intended for wholesale.
IX. Personal data protection
1. Customer personal data is stored in compliance with the laws of the Czech Republic, especially Act 101/2000, the Personal Data Protection Act. Customer personal data is secured against abuse and shall be used only for commercial, logistic, statistical and marketing purposes of this Seller. Personal data is confidential and shall not be published, released, provided to third parties or otherwise abused. An exception: external transporters that are given personal data of our Customers in minimum required scope that is vital for trouble-free delivery of goods.
2. When using our e-shop (registration, placing an order) the Customer hereby grants his or her consent with processing, archiving and collecting personal data in the Seller’s database, all of this until the moment of delivery of a written revocation of the consent with such processing. The Customer has the right to access his or her personal data, to request its corrections and removal from database.
X. Arbitration clause
1. These Parties expressly agree that all disputes arising from this contract and in connection with it shall be resolved with exclusion of jurisdiction of general courts and with all finality in an arbitration in accordance with Act 216/1994 before one arbitrator, one that is appointed by the person that is registered as the Director of Ceska asociace pro arbitraz, s.r.o. (limited company), company number: 27688798 (hereinafter referred to as the “company”) as on the day of signing this clause, and the arbitrator shall be selected from the official list of arbitrators of the Ministry of Justice. These Parties expressly agree that the motion to initiate the arbitration (arbitration action) shall be sent at the address of the company. The arbitration fee is: 3.5% from the price of the monetary consideration VAT-excl., always minimum of 6,000 CZK excl. VAT. The procedure is conducted in written form alone, the award need not include a rationale. After the initiation of the procedure the arbitrator shall issue a resolution ordering the defendant in accordance with § 114b of the Civil Court Procedures Act as amended (version in force on the date this arbitration clause is signed) to send a written reply as to the arbitration action attached to the resolution, and to do so within the deadline agreed by the parties of this arbitration clause: 10 days since the delivery of the resolution, whereas this resolution may be delivered by other means as per § 49 (4) of the Civil Court Procedures Act as amended (version in force on the date this arbitration clause is signed). Regardless of the above stated provision as to the jurisdiction of an arbitrator, the plaintiff may, until the moment of the initiation of the arbitration, raise his or her claim before a general court.
XI. Other rights and obligations of these Parties
1. This Seller, in its relationship to the Customer, is not bound by any codes of behaviour as mentioned in § 1826 sub. 1 sub. e) of Act 89/2012, the Civil Code.
2. Extrajudicial consumer complaints are handled by the Seller first of all via electronic mail, whereas the complaint may be sent to firstname.lastname@example.org . The Customer may also deliver a written complaint at the registered address of the Seller. The Seller shall send the information as to the result of the complaint at the address mentioned by the Customer.
3. The Seller is licensed to sell the merchandise based on a business license. Relevant business regulation authority is the relevant state business licensing bureau with local jurisdiction. The regulatory authority as to personal data protection is the State Bureau for Personal Data Protection. The regulatory authority as to consumer protection is, in the scope defined in the law, the Czech Trade Inspection.
4. The Customer hereby accepts the risk of change of circumstances as per § 1765 sub. 2 of Act 89/2012, the Civil Code.