1. Who we are
These terms and conditions govern the sale of used vehicles and the provision of other services by:
Jirkova Garáž s.r.o.
Company ID (IČO): 23524022
VAT ID: CZ23524022
Registered office: Rybná 716/24, Staré Město, 110 00 Praha 1
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 428628.
Email: info@jirkovagaraz.cz
Telephone: +420 775 933 354
Where the customer is a consumer, these terms apply together with, in particular, the relevant provisions of the Czech Civil Code and Consumer Protection Act.
An individual agreement in a specific contract takes precedence over these terms. Statutory consumer rights cannot be restricted by these terms.
2. Vehicles listed on the website
We publish information on the website about vehicles currently offered for sale. Subject to availability, for each vehicle we state in particular its price, VIN, technical specifications, mileage, equipment, origin, service history and information about its known condition.
Because we sell used vehicles, their condition may reflect their age, mileage and previous use.
For a particular vehicle, we also endeavour to disclose known repairs, damage and other facts that may be material to the purchase decision.
Information on the website does not replace the purchase contract or the documentation for the specific vehicle.
3. Inquiries through the website
Submitting a contact form, clicking “I want to buy a car”, making a telephone inquiry or sending another ordinary inquiry through the website does not in itself conclude a purchase contract or create a binding vehicle reservation.
The specific terms of a purchase, reservation or order for a paid service must be expressly agreed with the customer.
4. Information before a contract is concluded
Before a contract is concluded, the customer receives information about the specific vehicle or service, the price, method of payment, conditions for handover or service provision, and rights arising from defective performance.
For a used vehicle, the customer is also informed before the contract is concluded about material facts known to us concerning its condition.
If a characteristic of the specific vehicle differs from characteristics that a consumer could otherwise reasonably expect, the consumer will be specifically informed before the contract is concluded. Where required by law, the consumer’s express consent to the particular difference will be recorded separately in the purchase or handover documentation.
A general statement in these terms does not replace informing the customer specifically about the condition of the individual vehicle.
5. Vehicle inspection
Before purchase, the customer may inspect the vehicle and review the available documentation.
A test drive can also be arranged by prior agreement. The customer may bring their own mechanic to the inspection or agree with us to have the vehicle checked at a service centre.
6. Conclusion of the purchase contract
A vehicle is sold under a purchase contract.
The purchase contract contains in particular the identification of the parties, identification of the vehicle, the purchase price and other specific arrangements relating to that vehicle.
Known material defects, differences or other facts that should be disclosed to the buyer before purchase will, according to their nature, be recorded in the purchase contract, handover report or other documentation relating to the specific vehicle.
7. Price and method of payment
The price of the specific vehicle is communicated to the customer before the contract is concluded and stated in the purchase contract.
For consumers, we state the final price including all mandatory taxes and charges that form part of the price of the vehicle sold. Separately ordered services are charged separately, and their price or the method of calculating it is communicated before the order is placed.
The method of paying the purchase price is agreed in the purchase contract.
Payments exceeding the statutory cash-payment limit under Czech Act No. 254/2004 Coll., on limitations on cash payments, must be made by non-cash transfer.
8. Customer identification and anti-money laundering (AML)
Jirkova Garáž s.r.o. is an obliged entity when trading in used vehicles under legislation on the prevention of money laundering and terrorist financing.
In cases specified by law, we must therefore identify the customer and, where applicable, carry out customer due diligence. We may require an identity document and other information or documents required by law.
For legal entities, we may in particular require information about the person authorised to act for the company and its beneficial owner. In cases specified by law, we also establish other facts, such as whether the client is a politically exposed person.
If the identification or due diligence required by law cannot be carried out, we may be required not to proceed with the transaction.
9. Vehicle handover
The time and place of handover are agreed with the buyer.
At handover, the customer receives the documents, keys and other accessories belonging to the specific vehicle and listed in the purchase or handover documentation.
The handover record may include, in particular, the mileage, number of keys supplied, condition of the vehicle and a list of documents and accessories supplied.
At the consumer’s request, we issue proof of purchase containing the information required by law, unless that information is already contained in another document supplied.
10. Transfer of vehicle ownership
By agreement with the customer, the change of vehicle ownership can be handled through Jirkova Garáž.
The customer must provide the necessary information, documents and, where applicable, a power of attorney. If we handle the transfer as a separate paid service, its price will be communicated before it is ordered.
11. Consumer rights arising from defective performance
This section applies to a buyer acting as a consumer.
The seller is liable to the consumer for the vehicle being free from defects within the meaning of applicable law at the time of acceptance and corresponding to what the parties agreed, taking into account that it is a used vehicle.
The consumer may notify a defect that manifests itself in the vehicle within two years of acceptance.
For a used vehicle, this period may be shortened by mutual agreement to no less than 12 months. The specific shortening must be agreed with the consumer and stated in the proof of purchase. If no shortening is agreed for the particular vehicle, the statutory two-year period applies.
If a defect becomes apparent during the first year after acceptance, the vehicle is presumed to have been defective at acceptance unless the nature of the item or defect precludes that presumption.
Normal wear and tear corresponding to the extent of the vehicle’s previous use, and damage caused by the customer, are not defects.
The consumer also has no right arising from a specific characteristic or shortcoming that was specifically brought to their attention before the contract was concluded and whose existence they expressly accepted when concluding the contract, provided the statutory conditions are met.
12. Consumer remedies for a defect
If the vehicle has a defect, the consumer may require it to be remedied. The method of remedy is governed by the Czech Civil Code and takes into account, among other things, the nature of the defect, whether it can be remedied and whether the cost is proportionate.
Subject to statutory conditions, the consumer may require an appropriate price reduction or withdraw from the contract, in particular where the seller refuses to remedy the defect, fails to remedy it properly, the defect recurs, the defect is serious, or the circumstances make clear that it will not be remedied within a reasonable time or without significant inconvenience to the consumer.
The consumer may not withdraw from the contract for an insignificant defect.
A justified complaint is handled free of charge. Subject to statutory conditions, the consumer is also entitled to reimbursement of costs reasonably incurred in connection with a justified complaint.
13. How to make a complaint
A complaint can be made in particular:
by email: info@jirkovagaraz.cz
by telephone: +420 720 868 115
in person: at the company’s registered office or at a business premises where complaints can be accepted in view of the services provided and goods sold.
When making a complaint, we recommend identifying the vehicle, describing how the defect manifests itself, and stating the requested method of resolution.
To assess the complaint, you must allow us to inspect the vehicle to the necessary extent. We will agree with you on the specific method and place of delivery or inspection, taking into account the nature of the defect.
When accepting a complaint, we provide the consumer with written confirmation stating in particular the date it was made, its content and the requested method of resolution.
We decide on a complaint immediately, or within three working days in complex cases; this period does not include a reasonable time needed for professional assessment of the defect.
The complaint, including remedying the defect, will be resolved and the consumer informed no later than 30 days after it was made, unless in the particular case we agree a longer period with the consumer.
We provide written confirmation of how the complaint was resolved. If we reject it, the consumer receives written reasons.
14. Extended warranty
For selected vehicles, it may be possible to arrange an extended warranty or similar product through an external partner.
Before it is arranged, the customer receives information about the provider, price, term, scope of cover, limits and exclusions.
An extended warranty is a separate, voluntary product. It does not replace, shorten or otherwise restrict the consumer’s statutory rights against Jirkova Garáž as seller.
15. Financing
Jirkova Garáž does not itself provide credit to customers.
If a customer is interested in financing, within the scope of our authorisation we can assist them in arranging credit through an authorised financial partner.
The provision of credit is subject to approval by the relevant provider. The credit relationship is governed by a separate contract and the financial partner’s terms.
Arranging finance is not a condition of purchasing a vehicle unless a specific offer expressly states otherwise in a lawful and transparent manner.
16. Insurance
If requested, within the scope of our authorisation we can assist the customer in arranging insurance through an authorised insurance partner.
The insurance contract is made between the customer and the relevant insurer and is governed by that insurer’s terms.
17. Vehicle inspection service
The scope of the paid vehicle inspection service is always agreed in advance.
Depending on the agreement, it may include, for example, checking the technical condition, diagnostics, measuring paint thickness, and checking available service history, mileage or other available data.
The inspection records the vehicle’s condition and the information available at the time. Even a professional inspection cannot guarantee that a used vehicle will not develop a fault in the future or that external databases contain its complete history.
This does not affect our responsibility for properly providing the ordered service.
18. Transporting a vehicle from abroad
The scope of transport, collection point, delivery point, price and other terms are agreed individually.
If transport is carried out by an external carrier, the customer will be informed. This does not affect the customer’s rights against Jirkova Garáž to the extent that we are their contracting party for the service concerned.
19. Registration of an imported vehicle
When we arrange registration of an imported vehicle, the customer must supply all necessary documents and truthful information and provide the required cooperation.
The scope and price of the service will be agreed in advance. The processing time may also depend on administrative authorities, technical inspection stations or other parties.
20. Consignment sale
A consignment sale is governed by a separate written contract.
Before sale begins, the parties agree in particular the selling price or how it will be determined, our fee, scope of services, method of handing over the vehicle, duration of cooperation and method of settling the purchase price.
For every consignment sale, the documentation will make clear who is the seller in relation to the final buyer and what rights and obligations arise for each party.
21. Distance contracts
An ordinary contact or inquiry form on our website is not a means of concluding a purchase contract.
If, in a particular case, we were to conclude a contract with a consumer exclusively by means of distance communication or away from business premises, before conclusion we would provide the information required by the Czech Civil Code, including information about any right to withdraw.
Where the consumer has the right to withdraw from such a contract without giving a reason, the statutory period is generally 14 days.
If, with the consumer’s consent, provision of an ordered service is to begin before the withdrawal period expires, we will obtain their express request and provide the information required by law.
If the entire service is completed before the withdrawal period expires, the consumer may lose the right to withdraw subject to statutory conditions; they must first be properly informed and expressly agree.
22. Alternative resolution of consumer disputes
If a dispute arising from a purchase contract or service contract between us and a consumer cannot be resolved directly, the consumer may use alternative dispute resolution.
The competent body is:
Czech Trade Inspection Authority (Česká obchodní inspekce)
Central Inspectorate – ADR Department
Gorazdova 1969/24
120 00 Prague 2
www.coi.cz/informace-o-adr
An application for alternative dispute resolution must be submitted within the period specified by law.
23. Personal data protection
Information about the processing of personal data is available in the separate Privacy Policy published on our website.
24. Final provisions
Legal relationships are governed by the law of the Czech Republic.
Where the customer is a consumer, these terms do not affect rights granted by mandatory consumer-protection legislation.
These terms may be updated. For a specific contractual relationship, the version communicated to the customer before the contract was concluded is decisive.
