General terms and conditions for performing tyre and car services
TASY s. r. o., with registered office at Mokrá 358, 664 04 Mokrá – Horákov, IČO 26936321, VAT number: CZ26936321, registered in the commercial register maintained by the Regional Court in Brno, in section C, entry no. 46798 (hereinafter referred to as "TASY" or "contractor")
for carrying out service work ordered via the internet portal located at the internet address www.tasy.cz
- The subject of these General Terms and Conditions (hereinafter referred to as "GTC") is the regulation of legal relations between the company TASY s. r. o., Mokrá 358, 664 04 Mokrá - Horákov, IČO 26936321, VAT number: CZ26936321, registered in the commercial register maintained by the Regional Court in Brno, in section C , insert No. 46798 (hereinafter referred to as "TASY"), and all persons who, as customers, enter into contractual relations with the company TASY (hereinafter referred to as the "customer"), the subject of which is the performance of service work on motor vehicles and trailers, tire service services and further adjustments and repairs by TASA as the contractor (hereinafter referred to as "service work").
- These General Terms and Conditions have the nature of business conditions in the sense of the provisions of § 1751 of the Act
- No. 89/2012 Coll., Civil Code, (hereinafter referred to as "CPC") and form an integral part of the contractual relationship between TASY and the customer, the subject of which is the performance of service work. These GTC are part of all contracts for work, the subject of which are repairs or other service work performed by TASY on motor vehicles and other services provided on the basis of contracts concluded between TASY and the customer.
- These General Terms and Conditions may be deviated from in individual cases only on the basis of a written agreement between TASY and the customer, unless these General Terms and Conditions stipulate that an agreement confirmed by electronic communication (especially via electronic mail), or oral. In the event of a conflict between the agreement contained in the work contract and the provisions of the General Terms and Conditions, the agreement contained in the work contract takes precedence.
- The customer was familiarized with these GTC before concluding the contract for the work, which he confirmed by signing the order form and/or registering in the TASY portal or in the ERP system.
- If these GTC mention the TASY portal, this definition also includes the contractor's ERP system.
- Customer means:
- the customer listed in the Order Form,
- customer registered in the contractor's ERP system,
- customer registered in the TASY portal according to Article 2 of these GTC.
- The customer always orders service work on his own account and is obliged to pay TASY for the repair. The customer orders service work at TASY via the TASY portal, in person or through a representative. A representative means the person who orders a repair on behalf of the customer, especially an agent or employee.
- All work contracts between TASY and the customer, including their changes or additions, must be concluded in writing or electronically in the TASY portal, otherwise they will not be considered.
- These General Terms and Conditions are published in TASY establishments.
TASY portal and customer account
- Based on the customer's registration on the tasy.cz website (hereinafter referred to as the "TASY portal"), the customer can access his user interface (hereinafter referred to as the "user account"). The customer can order service work from his user account. The customer's registration will be confirmed immediately by e-mail to the customer's e-mail address specified in the user account (hereinafter referred to as the "customer's e-mail address").
- When registering on the TASY portal and when ordering service work, the customer is obliged to enter all data correctly and truthfully. The customer is obliged to update the data specified in the user account in case of any change. The data provided by the customer in the user account and when ordering service work are considered correct by TASA.
- Access to the user account is secured by a username and password. The customer is obliged to maintain confidentiality regarding the information necessary to access his user account. The customer is not authorized to allow the use of the user account by third parties.
- It is considered that a customer who states his ID number and/or VAT number when concluding a contract is an entrepreneur and orders service work or the purchase of goods from TASY as part of his business activity, unless the customer informs TASY otherwise in writing at the latest at the time of concluding the contract for work .
Information for a customer who is a consumer
- A consumer is any customer - a natural person who enters into a contract with TASY outside the scope of his business activity or outside the scope of the independent exercise of his profession. A consumer is also a customer - a natural person who, when concluding and fulfilling a contract with TASY, does not act as part of his business or other business activity.
- If the customer does not enter his identification number when registering in the TASY portal, he is considered to be a consumer.
- We draw the attention of the customer - consumer to the following rights and information, which apply in the case of ordering service work by the consumer through the TASY portal or outside the TASY premises:
- a) the costs of means of remote communication are not charged,
- b) a deposit for the performance of service work is not required,
- c) it is not a contract, the subject of which is repeated performance,
- d) it is not a contract concluded for an indefinite period or the subject of which is repeated performance,
- e) the consumer has the right to withdraw from the contract concluded through the TASY portal within 14 days from the date of conclusion of the contract. The withdrawal form is available on the TASY portal and can be submitted electronically.
- f) in the event that, at the request of the customer - consumer, the provision of service work began during the period for withdrawal from the contract, the consumer is obliged to pay TASY the price for the performance actually provided by the day when the withdrawal from the contract was delivered to TASY, including the price of already used replacement parts parts.
- The customer - consumer cannot withdraw from the contract, especially if it concerns:
- a) on the provision of services, if they were fulfilled with his prior express consent before the expiry of the period for withdrawing from the contract,
- b) on the supply of goods or services, the price of which depends on the deviations of the financial market independently of the will of TASA and which may occur during the period for withdrawing from the contract,
- c) on the delivery of goods that have been modified according to the wishes of the consumer or for his person,
- d) on the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery (e.g. motor oil),
- e) on repair or maintenance carried out at the place designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than requested or delivery of spare parts other than requested,
- f) on the delivery of goods in closed packaging, which the consumer has removed from the packaging and for reasons of hygiene it is not possible to return it.
- Information for consumers on the out-of-court settlement of consumer disputes: TASY hereby in the sense of Section 14 of the Act No. 634/1992 Coll., on consumer protection (hereinafter referred to as the Act) informs the customer-consumer that the entity materially competent for the out-of-court settlement of this consumer dispute in the sense of § 20d et seq. The law relating to the goods or services of the contractor and which arises from this contract concluded between the contractor and the consumer is the Czech Trade Inspection, internet address www.coi.cz.
Contract for work on service work
- The work contract relating to service work (hereinafter referred to as the "work contract") is concluded:
- on the TASA Order Form form (hereinafter referred to as the "order form"), which is filled out by an authorized TASA employee according to the customer's requirements. The customer is obliged to indicate the scope of the required work and, where appropriate, the required date for their completion and other data, if they may be relevant for TASY in connection with the service work.
- through the TASY portal - by filling out the order in the customer account.
- The work contract is concluded when the customer accepts the draft work contract. A work contract is concluded:
- by signing the order sheet by the customer,
- by confirming the service order via the TASY portal.
- Any additions, reservations, restrictions or other changes to the proposal are a counterproposal of the customer. The work contract obligates TASY to perform the order and the customer undertakes to accept the order and pay the price of the order.
- The order shall state the subject of the work, specifying the scope of work to be performed on the motor vehicle and the specification of the motor vehicle on which the work will be performed, the estimated date of completion and an estimate of the price of the work, if circumstances permit.
- In cases that cannot be delayed, the order can be negotiated or changed electronically via the customer's electronic address.
- The owner or operator of the vehicle is responsible for ensuring that anyone who brings the vehicle in for repair and makes an order is their authorized representative. The customer is obliged to pay the price of the repair.
- Whoever orders service work on behalf of a natural person and does not submit a written power of attorney or authorization will, upon presentation of the vehicle registration certificate, be entered in the order form as the person who "handed over the vehicle" and the rights and obligations of the customer according to these GTC apply to this person as well, including the obligation to pay the price of the repair, jointly and severally with the owner of the vehicle.
- TASY is entitled to refuse to accept a car for repair if the person who delivered it does not present a vehicle registration certificate.
- TASY is entitled to verify the customer's identity according to the identity card when entering the repair and to record the identification within the legal limits, in case of refusal of the identification, it is not obliged to accept the vehicle and confirm the order form. This does not apply in the case of registration on the TASY portal.
- The customer is obliged to provide true and valid information about his identity to an authorized TASY employee or to the TASY portal, in particular the correct name and surname, permanent address of his residence, or the correct address of the business company, registered office, identification number. In addition, the customer is obliged to provide a true and up-to-date telephone and possibly other contact to the authorized TASY employee.
- TASY is entitled to commission a third party to carry out service work. TASY is responsible to the customer for the quality and quality of service work performed in this way as if the service work was performed by TASY itself.
- Customer agrees that the repair workflow may not conform to the manufacturer's recommended workflow.
- TASY is entitled to carry out one or more test drives with the motor vehicle to the extent appropriate for the repair being carried out before starting the service work, especially for the purpose of identifying the defect and before handing it over to the customer for the purpose of checking the functionality of the motor vehicle after the service work has been carried out.
- TASY will notify the customer without undue delay of the inappropriate nature of the item that the customer handed over to it for the execution of the work, or the order that the customer gave it. This does not apply if she could not detect the inappropriateness even when exercising the necessary care.
- If an inappropriate item or order interferes with the proper execution of the work, TASY will interrupt it to the extent necessary until the item is replaced or the order is changed; if the customer insists on performing the work using the delivered item or according to the given order, TASY has the right to demand that the customer do so in writing.
- The deadline set for the completion of the work is extended by the time caused by the interruption. TASY has the right to reimbursement of costs associated with the interruption of the work or the use of inappropriate items until such time as their inappropriateness could be established.
- If TASY complies with paragraphs 15 and 16 of this article, the customer has no rights from a defect in the work arising from the inappropriateness of the item or order. If the customer insists on performing the work according to an apparently inappropriate order or using an apparently inappropriate item even after a warning from TASY, TASY may withdraw from the contract.
Price of service work
- Both contracting parties acknowledge that the price of the work specified in the order is an estimated price. The customer expressly acknowledges that the final price of the work depends on the scope of the work (performed repairs, service work or other services) and may change after the inspection of the vehicle as part of the service.
- TASY is entitled, without the customer's consent, to exceed the price specified in the order (if it was negotiated) by a maximum of 15%.
- In the event that the price should exceed the price specified in the order by more than 15%, TASY is obliged to inform the customer of this fact and request the customer's consent to carry out the work. If the customer does not notify their disagreement with the price increase within 2 working days after the notification of the higher price is delivered, it is considered that they agree to the price increase. If the customer does not agree to the price increase, the contract for the work is canceled and the customer will pay the price of the work and material performed so far, if he benefits from the already performed partial performance by TASA. The time between TASY's request for approval and the customer's approval is not included in the time agreed to carry out service work.
- Notification of exceeding the price of the work determined by the estimate can be made to the customer's email address or through the TASY portal.
Date of performance of service works
- The tentative date for completion of service work specified in the order via the TASY portal or in the order form is set as indicative and preliminary, unless the contracting parties agree otherwise in the order.
- TASY is entitled to extend the deadline for the completion of the service work as necessary, especially in cases where it is found during the course of the service work that the actual scope and labor of the service work is higher than was preliminarily specified in the order.
- If the scope of service work is extended or changed compared to the scope specified in the order and as a result of this fact it is not possible to meet the original completion date of the service work, TASY is obliged to inform the customer of the new completion date, without undue delay after finding out about this.
- If the customer's cooperation is necessary for the execution of the work, TASY will determine a reasonable period for its provision. If the deadline expires in vain, TASY has the right, at its option, to either secure replacement performance on the customer's account, or, if it has informed the customer of this, to withdraw from the contract.
Delivery and acceptance of the work
- Handing over and taking over of the motor vehicle is carried out at the TASY office specified in the order form or in the order via the TASY portal.
- TASY has the right to charge a parking fee of CZK 200 excluding VAT for each day that the customer is in arrears with taking over the motor vehicle. The claim for compensation for damage caused by TASY as a result of the customer's delay is not affected by the previous sentence in any way.
- If the customer is in arrears with taking over the motor vehicle, the risk of damage to the motor vehicle, items placed in the vehicle, TASA property, or third parties, to the customer, already on the first day of delay. In this case, the customer agrees that the motor vehicle may be parked at the customer's expense and responsibility in an unguarded parking lot outside the TASY premises or in a paid parking lot of another entity.
- If the customer agrees with TASY by phone or email to take over the motor vehicle from TASY or hand over the motor vehicle back to the customer in a place other than the TASY establishment, the takeover or handover of the motor vehicle is carried out only at the cost and risk of the customer. The price for taking over or handing over is charged according to the price list valid at the time of the conclusion of the agreement between the contracting parties.
- In the case of scheduled performance of service work on a motor vehicle by TASY, TASY may refuse to take over the vehicle at the place of takeover, especially in cases where:
- a) the motor vehicle is not in proper condition, which guarantees that the motor vehicle will not be damaged on the way from the place of acceptance to the TASY premises;
- b) the motor vehicle does not comply with all the requirements of the legal regulations of the Czech Republic imposed on the operation of a motor vehicle on public roads (e.g. the motor vehicle will not have a valid liability insurance for the operation of the vehicle).
Price of the work and terms of payment
- The prices of service work are charged by TASY based on the price list of service work, which is published in the relevant TASY establishment and on the TASY portal.
- The prices of work, spare parts and materials are reported separately in the tax document.
- If the customer is provided with a replacement vehicle, he undertakes to return it in an undamaged condition, clean and to pay the rental fee according to the TASY price list.
- The price of service work and possibly a rental replacement vehicle is payable immediately when the customer takes over the motor vehicle, unless the tax document issued by TASY specifies a later due date.
- The tax document must contain all the details of accounting and tax documents required by applicable legal regulations. All payments in money take place in Czech crowns (CZK) and all price data are generally stated in this currency. In the event that TASY uses its authority to request an advance for the services provided, it will deliver the corresponding tax document to the customer after receiving the advance.
- In the case of non-cash payments, the day of payment is considered the day the corresponding financial amount is credited to TASY's bank account. If the last due date falls on a non-working day or non-working day (Saturday, Sunday, public holiday), the due date is postponed to the next following working day.
- TASY is entitled to demand the payment of a reasonable deposit for service work. If the customer does not provide such a deposit upon TASY's request and TASY has already started performing service work, TASY is entitled to interrupt the service work. The agreed deadline for the completion of service work is extended by the time before the advance is provided in favor of TASA.
- In the event of a delay in the fulfillment of a monetary obligation, the customer is obliged to pay TASY a contractual delay attack in the amount of 0.15% of the owed amount for each day of delay.
Responsibility for defects
- The warranty for goods purchased from TASY on the basis of a purchase contract with a customer who is not an entrepreneur shall last 24 months from the date of delivery of the goods, unless a shorter warranty period has been specified by the manufacturer, which TASY is obliged to inform the customer of.
- The guarantee for service work in the case of vehicle repair of a customer who is not an entrepreneur is negotiated for a period of 12 months from the customer taking over the vehicle.
- TASA's liability for defects in service work and for defects in goods provided to a customer who is an entrepreneur is governed by the relevant provisions of the OZ.
- Service work on the motor vehicle is carried out when it is completed by TASA and the motor vehicle is handed over to the customer.
- The customer takes over the completed service work on the motor vehicle with or without reservations (defects).
- Service work is performed defectively if it does not correspond to the ordered service actions specified in the order via the TASY portal or in the order sheet.
- The customer is obliged to properly inspect the motor vehicle when taking it over; discovered obvious defects and/or damage to the motor vehicle, the customer is obliged to indicate in writing immediately upon acceptance, otherwise it is considered that the customer has taken over the motor vehicle from TASA without defects and/or damage. If, upon taking over the motor vehicle, the customer does not point out its obvious defects and/or damage according to the previous paragraph, the customer does not have any claims for claimed defects and/or damage to the motor vehicle.
- In the event of defects and/or damage that could not be detected during a properly performed timely inspection of the motor vehicle and sufficient care upon its acceptance by the customer, the customer must notify TASY in writing of the defects and/or damage without undue delay after their detection. Claimed defects and/or damage must be properly and unmistakably specified in the claim. The deadline for notification also applies to the case of a hidden defect, but a hidden defect can be notified to TASY within two years of handing over and taking over the motor vehicle at the latest.
- TASY will remove the reasonably claimed defect and/or damage without undue delay according to the availability of the necessary material.
- Liability for defects and damage does not apply to repairs carried out according to the customer's request only provisionally or despite TASA's notification of the inappropriateness of the customer's request.
- TASY is not responsible for defects in the following cases:
- during the performance of service work, other tires, spare parts, operating materials, lubricants and consumables supplied by the customer were used according to the customer's request, in which case liability for defects applies only to the work performed;
- the vehicle was not handed over to TASY at the same time or immediately after notification of the detected defects;
- TASY did not grant prior consent to the removal of the claimed defect or damage by another expert;
- claimed defects and/or damage and/or parts have been modified, repaired or removed by another person or customer;
- the defect was removed by a third party before the defect was complained to TASY.
- In accordance with the provisions of Section 2898 of the Civil Code, the customer waives the right to compensation for damage incurred in connection with a breach of TASY's obligations regarding service work, with the exception of the right to compensation for damage caused intentionally or due to gross negligence. However, this does not apply if the customer concludes a contract for work with TASY as a consumer in accordance with Section 419 of the Commercial Code and Article 3 of these General Terms and Conditions.
- TASY is responsible for damages incurred during test drives. If the customer or a person authorized by the customer drives the vehicle during the test drive, the risk of damage and responsibility for damage passes to the customer.
- TASY is only liable for damage to items on/in the motor vehicle, which are not part of the mandatory equipment of the motor vehicle, in cases where these items were explicitly listed in the order.
Reservation of title and right of retention
- All spare parts used in the performance of service work and goods handed over to the customer remain the property of TASY until they have been paid for in full.
- The customer is obliged to state in advance when ordering service work that the replaced part or component is to be returned. Otherwise, he leaves these components in the possession of TASY as used material with no value.
- Replaced parts or components that have been replaced with new or reconditioned parts free of charge as part of a warranty repair or as part of a repair paid for by an insurance company are always transferred by the customer to TASY as used material with no value.
- TASY is entitled to detain the vehicle on which service work is being carried out to secure its payable claim to the customer related to the service work. The right of retention can also be exercised due to claims from previously accepted customer orders.
- TASY is entitled to secure unpaid debt with a right of retention in cases where
- a) the customer declares that he will not fulfill the debt, or
- b) if it otherwise becomes obvious that the customer will not fulfill the debt as a result of a circumstance that occurred to him and which TASY was not or could not have been aware of when the debt arose (e.g. unknown residence).
- TASY will notify the customer of the impoundment of the motor vehicle in accordance with the previous paragraph in writing or by e-mail without undue delay.
- The lien expires upon the termination of TASA's claim or the delivery of the impounded vehicle to the customer against the provision of security in the form of an agreed TASA.
Protection and processing of personal data
- TASY as administrator in accordance with applicable legal regulations, i.e. Act No. 110/2019 Coll. (z. on the processing of personal data) and with Regulation of the European Parliament and of the EU Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data (hereinafter referred to as the "regulation" or "GDPR") hereby informs you that for fulfillment of the contract, for the implementation of measures prior to the conclusion of the contract at your request/fulfillment of a legal obligation, or for the purposes of a legitimate interest, the Administrator ("Legal reason for processing") will process your personal data ("PO") in the scope of: first name, last name, e-mail address address, telephone number, address of registered office or residence.
- The administrator informs you that personal data will be processed for the purpose(s): orders, sending newsletters, based on the Legal reason for processing. The administrator does not process personal data within the framework of the scope given by law, unless you express your written consent. Personal data will be processed both automatically and manually, in compliance with all security principles for the management and processing of personal data.
- The Administrator informs you that, in addition to the Administrator, the other recipients of personal data include processors with whom the Administrator has a contract for the processing of personal data ("Processor") and who provide sufficient guarantees of the protection of your personal data, as well as recipients who are granted access for the purpose of fulfilling legal obligations and recipients who are not Processors for the Administrator, but mediate or perform services or supplies of goods for the Administrator and have a confidentiality agreement with the Administrator. The administrator informs you that it will not transfer your personal data to recipients or processors to a third country outside the European Economic Area (EEA) without your express consent, if they have worse rules for handling personal data than the Czech Republic.
- The Administrator informs you that the OÚ will be stored by the Administrator for the time necessary to fulfill the given purpose of processing/duration of the contract. The Administrator informs you that you have the right to request from the Administrator access to the Personal Data, their correction or deletion, restriction of processing or to raise an objection to the processing and the right to the portability of the Personal Data (i.e. to obtain from the Administrator the Personal Data in a structured, commonly used and machine-readable format and transfer them another administrator), that a complaint can be filed with the Office for the Protection of Personal Data, that the provision of personal data is not mandatory and that there is no automatic decision-making or profiling. The Administrator informs you that you have the right to obtain a confirmation from the Administrator as to whether or not Personal Data is being processed. The rules are governed by the GDPR and related legislation.
- The Administrator informs you that you have the right to delete the Personal Data, (i) if the Personal Data are no longer needed for the Purpose, (ii) if you revoke your consent and there is no other legal reason for processing, (iii) if you object to the processing of the Personal Data based on the Administrator's legitimate interest or objections against automated individual decision-making or against profiling, (iv) if personal data were processed unlawfully, (v) if personal data must be deleted to fulfill a legal obligation, (vi) if personal data were collected in connection with the offer of information society services.
- The Administrator expressly points out that you have the right to object at any time to the processing of personal data that concern you and were obtained to fulfill a task in the public interest or on the basis of a legitimate interest of the Administrator, including profiling. Furthermore, you have the right to object at any time to the processing of personal data concerning you for marketing purposes. The administrator points out that you have the right not to be the subject of any decision based solely on automated processing, including profiling, which has legal effects for you or significantly affects you, unless it is necessary for the conclusion or performance of a contract or is based on express consent.
- The controller informs that in the event of a security breach of the OU, which will result in a high risk for the rights and freedoms of the data subject, it will notify the data subject of this breach without undue delay.
Contact the commissioner for personal data protection
- Any disputes between TASY and the customer related to service work
- even the sale of goods will be decided by the general courts of the Czech Republic. In accordance with the provisions of § 89a of Act No. 99/1963 Coll., Code of Civil Procedure, as amended, TASY and the customer hereby agree that the court with jurisdiction over the matter will be the court based on TASY's registered office.
- Deviating provisions contained in the order form or contract, confirmed by TASA and the customer, take precedence over the provisions of these GTC.
- All relationships that are not expressly regulated in the order or in these GTC are governed by the legal order of the Czech Republic, in particular the relevant provisions of the OZ.
- The contracting parties give each other express consent to send messages, information, confirmation of message delivery, emergencies and other communications in matters of service work via electronic means, in particular via the TASY portal and the electronic address of the customer and TASY.
- With the adoption of these General Terms and Conditions in accordance with the provisions of § 630 OZ, the contracting parties have agreed to extend the general limitation period for monetary claims arising from any contracting party in connection with service work to a period of four years.
- If any provision of the contract for work concluded between TASY and the customer or the GTC becomes invalid, ineffective or unenforceable, this does not affect the validity of other provisions of the contract or GTC, if due to the nature of the contract or GTC, its content or the circumstances under which it was concluded, it does not follow that this provision cannot be separated from the other content of the contract or GTC.
- These General Terms and Conditions take effect on 20/05/2022.