GENERAL TERMS AND CONDITIONS

of fleetflow s. r. o., with its registered office at Landererova 7743/8, 811 09 Bratislava - Staré Mesto district, Slovak Republic, Company ID No.: 56 896 689, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, Insert No.: 190460/B, Tax ID No.: 2122530476  VAT ID No.: SK2122530476

 

  1. INTRODUCTORY PROVISIONS

 

  • These general terms and conditions of fleetflow s. r. o., with its registered office at Landererova 7743/8, 811 09 Bratislava – Staré Mesto district, Slovak Republic, Company ID No.: 56 896 689, registered in the Commercial Register of the Municipal Court Bratislava III, Section: Sro, File No.: 190460/B, Tax ID: 2122530476 VAT ID: SK2122530476 : +4210908567032 e-mail: (hereinafter referred to as the "Seller") govern the conditions under which the Seller sells motor vehicles and their accessories (hereinafter referred to as "Motor Vehicle") in the European Union and provides related additional services (hereinafter referred to as "Additional Service"). (hereinafter referred to as "GTC")
  • These GTC are an integral part of the purchase contract concluded between the Seller and a third party – a legal entity that concludes a purchase contract with the Seller in its own name and on its own account (hereinafter referred to as the "Buyer") (the Seller and the Buyer hereinafter jointly referred to as the "Contracting Parties"). The subject matter of this agreement is the sale of a Motor Vehicle by the Seller to the Buyer (hereinafter referred to as the "Agreement").
  • These GTC apply without reservation to every Contract. In the event of any discrepancies between the Contract and the GTC, the provisions of the Contract shall prevail.
  • The Contract and the legal relations arising therefrom, not regulated therein or in the GTC, shall be governed in particular by the provisions of Act No. 513/1991 Coll. Commercial Code, as amended (hereinafter referred to as the "Commercial Code") and other legal regulations valid in the territory of the Slovak Republic.
  • By signing the Contract, the Buyer confirms that they have read the GTC and agree with them in full and without reservation.
  • The definitions of terms used in the Contract and in the GTC shall be used in both the singular and plural forms.
  • The current version of the GTC is published on the Seller's website: www.fleetflow.cz

 

 

  1. CONCLUSION OF THE CONTRACT

 

  • The purchase contract must be concluded in writing and must contain the required details, in particular:
  • identification of the Contracting Parties,
  • identification of the Motor Vehicle and its parts and accessories,
  • the purchase price,
  • the date of delivery of the Motor Vehicle, or the day of delivery of the Motor Vehicle.
    • By concluding the Agreement, the Buyer confirms that they have familiarised themselves with the main features, functionality and technical condition of the Motor Vehicle.
    • The Contract shall be deemed validly concluded upon its signing by both Contracting Parties.
    • The Buyer may express interest in purchasing the Motor Vehicle by contacting the Seller in person, by email at or by telephone on +421908567032
    • For more information about the motor vehicles on offer, please contact the Seller using the contact details provided. Details on the use, functionality and characteristics of motor vehicles are provided in the user manual, materials, instructions and other documents provided by the Seller (hereinafter referred to as the "Documentation").

 

 

  1. ADDITIONAL SERVICE

 

  • The Seller offers the following Additional Service:
  • transport of the Motor Vehicle for a fee specified in the Contract as a Transport Fee or, if the provision of the Additional Service was not agreed in the original Contract but only subsequently via e-mail communication, for a fee agreed via e-mail communication (hereinafter referred to as the "Transport Fee").
    • The Seller undertakes to provide the Buyer with the ordered Additional Service, provided that the Buyer has cumulatively fulfilled its obligations specified in the Contract and the GTC.
    • If the Contracting Parties have agreed on the provision of the Additional Service in the Contract or have agreed on the provision of the Additional Service subsequently via e-mail communication, the Buyer undertakes to pay the Seller a Transport Fee for the Additional Service on the basis of an invoice issued by the Seller, within the due date specified in the invoice. The Buyer shall be in default on the day following the due date specified in the invoice issued by the Seller.

 

 

  1. TRANSPORT OF THE MOTOR VEHICLE, DELIVERY TIME AND DATE OF DELIVERY OF THE MOTOR VEHICLE

 

  • Transport of the Motor Vehicle means the transport of the Motor Vehicle from the place of dispatch to the place of delivery specified by the Buyer in the Contract, either by the Seller (or a carrier chosen by the Seller) or by the Buyer. Transport includes all activities necessary for the transport of the Motor Vehicle, including its collection at the place of dispatch, the transport itself and its delivery to the Buyer at the place of destination.
  • The Parties may agree on the transport of the Motor Vehicle either directly in the Contract or through subsequent written communication, in particular in the form of e-mail correspondence between the Parties.
  • If the Seller arranges for the transport of the Motor Vehicle, it is obliged to transport the Motor Vehicle to the place designated by the Buyer for a Transport Fee. The Buyer is obliged to pay the Transport Fee properly and in full in accordance with the provisions of the Contract and the GTC. When the Seller arranges for the transport of the Motor Vehicle through a carrier, points a) to g) of this section of the GTC apply:
  1. The Seller shall arrange for the transport of the Motor Vehicle by a carrier of its choice.
  2. When arranging for the transport of the Motor Vehicle by the Seller through a carrier, the Buyer acknowledges that the procedure is primarily in accordance with the provisions of § 610 et seq. Commercial Code and in accordance with the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) (hereinafter referred to as the "Convention"). In accordance with the above provisions, the Motor Vehicle will be delivered to the Buyer by a carrier with whom the Seller is obliged to conclude a contract for the transport of the Motor Vehicle; in the case of international transport, the CMR consignment note serves as proof of the conclusion of the transport contract.
  3. The Buyer is obliged to pay the transport fee to the Seller under the conditions specified in the Contract and these GTC.
  4. In the case of international transport of the Motor Vehicle, the Seller shall ensure that a CMR consignment note (hereinafter referred to as "CMR") is duly issued for the Motor Vehicle.
  5. If the Motor Vehicle is found to be lost or if the Motor Vehicle does not arrive within the period specified in Article 19 of the Convention, the Buyer is entitled to assert claims against the carrier in its own name under the transport contract or CMR.
  6. Upon taking delivery of the Motor Vehicle from the carrier, the Buyer is obliged to check its condition and, if any obvious damage, defects or discrepancies are found, to record them in the CMR without delay. By signing the CMR without reservation, the Buyer confirms that they have taken delivery of the Motor Vehicle in proper condition.
  7. The carrier is liable for damage to the Motor Vehicle during transport; therefore, the Seller is not liable for any damage, loss, delay or other damage incurred to the Motor Vehicle from the moment it is taken over by the carrier until it is delivered to the Buyer. The carrier is liable for the total or partial loss of the Motor Vehicle or for damage to it arising from the moment of taking over the Motor Vehicle for transport until the moment of its delivery, as well as for exceeding the delivery deadline. The Buyer is obliged to make claims for damage or loss of the Motor Vehicle in accordance with the deadlines and conditions set out in the Seller's complaints procedure and in accordance with the Convention.

 

  • If the Buyer arranges the transport of the Motor Vehicle themselves, points a. to l. of this section of the GTC shall apply:
    1. The Buyer is obliged to arrange transport at their own expense and on their own responsibility.
    2. The Seller shall not be liable for any problems, damage, delays or other adverse circumstances that may arise for the Buyer when organising or carrying out the transport of the Motor Vehicle.
    3. From the moment the Motor Vehicle is taken over by the Buyer or its carrier, all risks and responsibility for the Motor Vehicle pass to the Buyer.
    4. The Buyer is solely responsible for all damages, risks and costs associated with the transport of the Motor Vehicle, including, but not limited to, damage, loss, delay or other adverse events.
    5. The Buyer is obliged to comply with all applicable laws, regulations and transport rules during transport.
    6. The Buyer must take delivery of the Motor Vehicle in person or through a chosen carrier, with the Seller handing over the Motor Vehicle in the condition specified in the Contract.
    7. The Seller is not obliged to provide assistance with loading or transport.
    8. The Buyer is obliged to check the condition of the Motor Vehicle upon collection and to record any damage in the CMR or other similar protocol recording the collection of the Motor Vehicle (hereinafter referred to as the "CMR" or "Collection Protocol").
    9. The Seller shall not be liable for any damage incurred after the handover of the Motor Vehicle to the Buyer or its carrier.
    10. The Buyer is responsible for obtaining all necessary documents, permits, customs formalities, etc. in the case of international transport.
    11. The Buyer must also arrange for any insurance for the transport of the Motor Vehicle, either through the carrier or by other means at its own discretion.
    12. The Buyer is not entitled to claim reimbursement of transport costs from the Seller; all transport costs are borne exclusively by the Buyer.
  • The delivery period is the time frame within which the Motor Vehicle is to be handed over to the Buyer, i.e. it ends on the day agreed in the Contract as the Day of Handover (hereinafter referred to as the "Day of Handover"). The following conditions apply to the handover of the Motor Vehicle:
    1. The Buyer (in person or through an authorised representative, whereby the person acting on behalf of the Buyer is obliged to provide relevant proof of authorisation to the Seller) is obliged to take delivery of the Motor Vehicle on the Delivery Date.
    2. The Seller is obliged to hand over the Motor Vehicle to the Buyer together with the accessories and Documentation.
    3. The Motor Vehicle shall be handed over to the Buyer only upon payment of all financial obligations of the Buyer (in particular the Purchase Price, Transport Fee or other claims of the Seller).
    4. The Buyer understands that the Motor Vehicle may not be new, in which case they acknowledge that the Motor Vehicle is in a condition commensurate with its age and mileage. If the Motor Vehicle shows no signs of serious damage, the Buyer is obliged to take delivery of the Motor Vehicle with accessories and Documentation. Serious damage to the Motor Vehicle is considered to be only such damage to the Motor Vehicle that prevents the Motor Vehicle from being used properly in accordance with generally binding regulations on the conditions for the operation of vehicles in road traffic (e.g. deformation of the fender into the wheel axle, broken radiator or other engine components ensuring the movement of the Motor Vehicle). The reasons for refusing to accept the Motor Vehicle are not, in particular, aesthetic defects of the Motor Vehicle or damage of an aesthetic nature (e.g. scratches, abrasions, soiling, etc.) or other damage of a mechanical nature that does not prevent the operation of the Motor Vehicle (e.g. broken windows), with all obvious defects being exhaustively recorded in the Acceptance Protocol.
    5. In the event of a justified refusal to accept the Motor Vehicle by the Buyer in accordance with the Contract and these GTC, all reasons for refusal shall be specified in the CMR, which proves the acceptance of the Motor Vehicle by the Buyer. The Buyer's claims arising from defects in the Motor Vehicle shall be handled in accordance with the Contract and these GTC.
    6. If the Buyer fails to take delivery of the Motor Vehicle properly and on time, the Seller shall arrange for the storage of the Motor Vehicle at the Buyer's expense. The storage fee for the Motor Vehicle is EUR 20 for each day of storage of each Motor Vehicle, and the Buyer undertakes to pay this financial obligation before taking delivery of the Motor Vehicle.
    7. If the Buyer fails to take delivery of the Motor Vehicle even within an additional period of 15 calendar days after the Date of Delivery, the Buyer shall be obliged to pay the Seller a contractual penalty of EUR 20 for each day of delay in taking delivery of the Motor Vehicle, starting on the 16th day of such delay. The Seller's claim for damages in addition to the contractual penalty shall remain unaffected.
    8. From the moment of taking delivery of the Motor Vehicle, the Buyer shall be responsible for complying with all legal regulations relating to the operation of vehicles on public roads and shall be obliged to take out statutory liability insurance for damage caused by the operation of motor vehicles in respect of the Motor Vehicle.
    9. Upon taking delivery of the Motor Vehicle, the risk of damage to the Motor Vehicle passes to the Buyer. If the Buyer is in default with the acceptance of the Motor Vehicle (failure to accept the Motor Vehicle or refusal to accept the Motor Vehicle in violation of the Contract and the GTC), the risk of damage to the Motor Vehicle shall pass to the Buyer on the day when the Seller allows the Buyer to dispose of the Motor Vehicle.
  • The Seller reserves the right to adjust this Delivery Date under the circumstances specified in this section of the GTC, whereby postponing the Delivery Date for these reasons shall not be considered a breach of the Seller's obligations:
    1. In the event of a delay by the Buyer in the payment of its financial obligations, the Delivery Date shall be extended by the period of the Buyer's delay in the payment of any financial obligations.
    2. If the manufacturer postpones the production date of the Motor Vehicle, the delivery period and the Delivery Date shall also be extended by a period corresponding to this postponement, which shall not constitute a breach of the Seller's obligations.
    3. In the case of Motor Vehicles in stock, the delivery period may differ from the date specified in the Contract as the Delivery Date by approximately 14 calendar days, which does not constitute a breach of obligations by the Seller.
    4. If there is a deviation in the delivery period of the Motor Vehicle for reasons on the part of the carrier, this shall not constitute a breach of obligations by the Seller.
    5. The Seller shall not be liable in the event of a delay on the part of the carrier due to force majeure, e.g. extreme weather, strikes, border blockades, technical failures on the part of the carrier, war, epidemics or other unforeseeable events.
    6. The Buyer acknowledges that the reasons for the extension of the delivery period specified in point 4.6. are not considered a breach of the Seller's contractual obligations.
    7. If it has not been agreed in the Contract that the Seller will arrange for the transport of the Motor Vehicle, but the Contracting Parties have subsequently agreed that the Seller will provide transport as an Additional Service, the Delivery Date may be changed by the estimated transport time.
    8. If the Buyer arranges the transport of the Motor Vehicle itself, the Day of Delivery shall be deemed to be the day on which the Seller hands over the vehicle to the Buyer or its carrier, ready for transport.
    9. If, after the conclusion of the Contract, the Motor Vehicle requires repair or maintenance, or circumstances arise that exclude the Seller's liability, the agreed Delivery Date shall be extended appropriately by the time necessary for the repair or maintenance of the Motor Vehicle or by the duration of the circumstances excluding the Seller's liability. The Seller is obliged to inform the Buyer of the facts according to the previous sentence and notify them of the new Date of Delivery of the Motor Vehicle. A delay in the delivery of the Motor Vehicle for reasons under this point of the GTC does not constitute a breach of the Seller's obligations.

 

 

  1. PURCHASE PRICE, TRANSPORTATION FEE AND PAYMENT TERMS

 

  • The purchase price of the Motor Vehicle (hereinafter referred to as the "Purchase Price") is specified in the Contract based on an agreement between the Contracting Parties. The Purchase Price is exclusive of VAT and in EUR, unless the Contracting Parties agree otherwise. The Seller is a registered VAT payer and, if required by applicable law, the applicable value added tax or other tax stipulated by law will be added to the stated price.
  • The purchase price of the Motor Vehicle also includes its accessories and all components and corresponds to the technical condition, age and odometer reading of the Motor Vehicle on the date of delivery of the Motor Vehicle to the Buyer.
  • The transport fee is not included in the purchase price and, if the Seller provides the Buyer with an additional service, it will be charged to the Buyer separately.
  • The Seller reserves the right to unilaterally change the prices of Motor Vehicles listed in the Offer.
  • The Seller reserves the right to unilaterally adjust the price of the Transport Fee, especially if the carrier chosen by the Seller changes its price list for services.
  • The Seller is entitled, at its own discretion, to grant the Buyer a discount on the Purchase Price, which will be reflected in the Purchase Price specified in the Contract.
  • The Buyer undertakes to pay the Seller the Purchase Price and the Shipping Fee properly and in a timely manner on the basis of an invoice (hereinafter referred to as the "Invoice") issued by the Seller.
  • By signing the Contract, the Buyer grants the Seller consent to send invoices in electronic form within the meaning of the provisions of Section 71(1)(b) of Act No. 222/2004 Coll. on Value Added Tax, as amended (hereinafter referred to as the "Value Added Tax Act"), in the form of sending invoices in .pdf format by e-mail in electronic form (hereinafter referred to as "Electronic Invoice") to the Buyer's e-mail address specified in the Contract. The Buyer is obliged to notify the Seller in writing in advance of any change in the email address for the delivery of Electronic Invoices (Invoice and Electronic Invoice hereinafter collectively referred to as "Invoice").
  • The date of delivery of the Electronic Invoice shall be the date of demonstrable dispatch of the Electronic Invoice in accordance with point 5.10. of these GTC.
  • Invoices are due 2 working days from the date of delivery of the Electronic Invoice; or 2 working days from the date of written receipt of the invoice, unless otherwise agreed by the Contracting Parties.
  • If the Buyer finds any deficiencies in the Invoice, they are obliged to return the Invoice to the Seller for revision within 2 calendar days from the date of delivery of the Electronic Invoice, otherwise, the Buyer shall be deemed to have accepted the Invoice without any reservations and shall record it in its accounting records.
  • The funds shall be deemed to have been paid properly and on time on the date on which the invoiced amount is credited to the Seller's bank account specified in the Invoice.
  • The Buyer undertakes to send the Seller, immediately after payment of any Invoice, confirmation of the execution of the transfer order and the transfer of funds in electronic form to the Seller's email address specified in the header of the Contract.
  • In the event of a delay in payment of the Purchase Price, Shipping Fee, or other obligations, the Seller is entitled to apply a contractual penalty of 0.1% of the unpaid amount for each day of delay, including days that have already begun. The Seller's claim for damages remains unaffected.
  • In the event of a breach of the Buyer's obligations set out in point 9.4 of the GTC, the Seller is entitled to claim a contractual penalty of 10% of the Purchase Price from the Buyer. The Seller's claim for damages in addition to the contractual penalty remains unaffected.

 

 

  1. SPECIAL AGREEMENTS

 

  • The Buyer declares that:
    1. he was informed by the Seller prior to the conclusion of the Contract of all fees payable to the Seller in connection with the purchase of the Motor Vehicle and of their current amount, and he expressly agrees to them,
    2. all information provided by him is complete, correct and up-to-date, and he has not concealed any facts that would prevent him from validly and effectively acquiring ownership of the Motor Vehicle,
    3. he has been informed by the Seller in full, completely, clearly, comprehensibly, accurately and truthfully about the characteristics, parameters, features of the Motor Vehicle and its accessories, their nature, main features, any previous use and wear and tear, and that these are fully satisfactory to him without reservation, about the method of use, assembly and maintenance of the Motor Vehicle and its accessories, about the dangers resulting from their improper use, further about how and under what conditions the Motor Vehicle and its accessories are purchased, about the conditions for determining the Purchase Price, the method of payment, the conditions for determining the amount of the Transport Fee, the method of its payment and the method of its possible increase, the exercise of all the Buyer's rights arising from the contractual relationship in relation to the Motor Vehicle and its accessories, the use of spare parts,
    4. has familiarised himself in full with the provisions of the Contract and the GTC, which express his true, free and serious will, he is not signing them under duress or under grossly disadvantageous conditions, agrees with their content and wording and had sufficient time to familiarise himself with the GTC, and the Seller expressly gave him the opportunity to comment on them, and that neither the Contract nor the GTC contain unacceptable conditions/provisions that would cause a significant imbalance in the rights and obligations of the Contracting Parties to the detriment of the Buyer, nor do they impose obligations on the Buyer without legal grounds.
  • The Seller declares that:
    1. he is the sole owner of the Motor Vehicle and is entitled to dispose of it in the manner provided for in the Contract,
    2. the Motor Vehicle does not originate from criminal activity, that there is no lien or other third-party right attached to the Motor Vehicle, and that the Motor Vehicle is not the subject of a leasing relationship under a valid, effective and currently unexpired leasing agreement,
    3. The Motor Vehicle has not been damaged by flooding, i.e. in particular, the Motor Vehicle has not been parked in a flooded area for a long period of time, has not been under water, and the interior of the Motor Vehicle has not been covered with mud and flood deposits.
  • The Buyer is obliged to:
    1. provide the Seller with up-to-date, complete and accurate information to the extent required by the Seller in connection with the performance of the subject matter of the Agreement,
    2. ensure that all of their statements referred to in point 6.1. of the GTC are true and correct in their entirety as of the date of conclusion of the Contract, as well as during the period until the Motor Vehicle is taken over by the Buyer, unless it is clear from the individual statements that they are to remain true and correct for a longer period of time,
    3. to perform all necessary acts within the time limits specified by applicable law for the purpose of registering the change of ownership and holder of the Motor Vehicle; for this purpose, the Seller shall provide the Buyer with the necessary cooperation,
    4. provide the Seller with any and all necessary cooperation to fulfil the purpose of the Contract.
  • The Contracting Parties unanimously declare that they have not concealed or omitted any material information or other data regarding the facts stated in the GTC.
  • The Buyer acknowledges that the fuel consumption data of the Motor Vehicle stated in the vehicle registration certificate is data determined in measurements carried out by the manufacturer in accordance with prescribed standards, under the manufacturer's ideal laboratory conditions, for the purposes of global vehicle type approval. This data is specific to the operation of the Motor Vehicle exclusively under the specified laboratory conditions. Based on the above, the Buyer acknowledges that the actual fuel consumption of the Motor Vehicle when operated in conditions other than laboratory conditions will differ from the data specified in the vehicle registration certificate. From the Buyer's point of view, the fuel consumption data of the Motor Vehicle is not a specified characteristic of the subject of purchase.
  • The Buyer acknowledges that the Seller is not obliged to assess and is not responsible for the suitability of the Motor Vehicle and its accessories for the purpose specified/anticipated by the Buyer.
  • The Seller reserves the right of ownership of the Motor Vehicle and the Buyer becomes the owner of the Motor Vehicle only after full payment of the Purchase Price and all financial obligations to the Seller. If the Buyer has paid the Purchase Price and all monetary obligations before the handover of the Motor Vehicle, the Buyer acquires ownership of the Motor Vehicle at the moment of taking delivery of the Motor Vehicle.
  • The Buyer acknowledges that the number of kilometres shown on the odometer of the Motor Vehicle, which is not a new item, i.e. a used Motor Vehicle, may be up to 1,000 km higher on the Day of Delivery than the number of kilometres travelled specified in the Contract, and in the case of a Motor Vehicle that is a new item, the number of kilometres travelled on the odometer of the Motor Vehicle on the Day of Delivery may be up to 100 kilometres, due to any test drives carried out with the Motor Vehicle and/or due to any transport of the Motor Vehicle from the Seller's premises to the place of delivery of the Motor Vehicle agreed with the Buyer.
  • The Seller is entitled to:
    1. publish as a reference the name of the Buyer and a basic description of the Motor Vehicle delivered to the Buyer under the Contract,
    2. at its discretion, use subcontractors for the purposes of fulfilling its obligations under the Contract and these GTC, while being responsible for their performance and compliance with the terms of the Contract and these GTC as if the Seller were performing these obligations itself.
  • If the Buyer fails to provide the Seller with the necessary cooperation or information within a reasonable time, to the extent and in the form reasonably requested, and the Seller is therefore unable to fulfil its obligations under the Contract in a timely manner, the Seller shall not be in default for the period during which the Buyer is in default with the provision of cooperation or information.

 

 

  1. LIABILITY FOR DEFECTS

 

  • The Seller is liable for legal defects and other defects that the Motor Vehicle had at the time of its sale and that the Motor Vehicle had at the time of transfer of the risk of damage to the Motor Vehicle, with the exception of defects that the Buyer knew or should have known about at the time of conclusion of the Contract (obvious defects), or, taking into account the circumstances under which the Motor Vehicle and its accessories were handed over and taken over, using the Buyer's normal degree of caution, should have known about (obvious defects) and other defects according to points 7.2. and 7.3. of the GTC.
  • The Seller shall not be liable for the following defects of the Motor Vehicle and its accessories:
    1. defects caused by previous use and wear and tear of the Motor Vehicle,
    2. defects that were expressly pointed out to the Buyer by the Seller or a person authorised by the Seller,
    3. defects that arose after the Buyer took delivery of the Motor Vehicle as a result of its wear and tear or use,
    4. defects that arose in the period from the conclusion of the Contract to the handover of the Motor Vehicle through the use of the Motor Vehicle by the Seller and wear and tear of the Motor Vehicle,
    5. defects in parts (components) subject to rapid deterioration/wear and tear,
    6. defects that the Buyer knew or should have known about at the time of conclusion of the Contract,
    7. defects arising during the transport of the Motor Vehicle by the carrier,
    8. defects that the Buyer could and should have discovered during a proper inspection of the Motor Vehicle and its accessories in accordance with point 7.5. of the GTC.
  • For the avoidance of doubt as to the extent of the Seller's liability for defects, in the event that these are not included in point 7.2. of the GTC, the Seller shall not be liable for the following defects either:
    1. defects arising as a result of insufficient care, failure to comply with technical and safety conditions and the manufacturer's instructions for handling the Motor Vehicle (e.g. Motor Vehicle operating instructions, service schedule),
    2. defects arising as a result of using the Motor Vehicle contrary to its purpose (overloading, racing or sports use, exceeding the permitted load of the vehicle), when operating the Motor Vehicle in difficult operating conditions as defined in the service plan,
    3. defects arising as a result of an accident or other damage to the motor vehicle,
    4. defects (damage) arising as a result of improper handling of the Motor Vehicle after the occurrence of a defect, or the performance of such interventions on the Motor Vehicle that are only permitted by professionally competent entities,
    5. defects caused by the installation of a part or component in the Motor Vehicle that is not approved by the manufacturer or its installation in a manner not approved by the manufacturer,
    6. defects arising from modification of the Motor Vehicle in a manner not permitted and differing from its design (e.g. converted Motor Vehicles),
    7. defects caused by not using the fluids, materials and agents prescribed by the manufacturer,
    8. defects caused by repairs and maintenance of retrofitted accessories and additions, as well as the removal of any accessories or parts of the motor vehicle,
    9. defects caused by retrofitting and re-equipping the motor vehicle with non-standard security devices based on legal regulations and insurance company regulations (alarms, immobilisers, etc.),
    10. defects resulting from a lack of proper maintenance, regular adjustments and inspections (e.g. operating fluids, oil, air and fuel filters, geometry, wheel balancing),
    11. defects caused by natural wear and tear of the motor vehicle, its parts or components as a result of normal use of the motor vehicle (e.g. brake pads, clutch lining, V-belt, steering linkage rods, ball joints, rubber boots, wiper blades, light bulbs), as well as normal scratches or small dents on the bodywork of the motor vehicle or wheels,
    12. defects caused by natural phenomena and the external environment (e.g. hailstorms or floods),
    13. defects caused by damage or wear and tear to the motor vehicle's windows, tyres and wheels,
    14. defects caused by prolonged immobilisation and storage of the motor vehicle and its subsequent return to service,
    15. defects caused by damage to the bodywork paintwork due to environmental influences, such as atmospheric, chemical, animal or plant pollution, the influence of sand, salt, flying stones from the wheels of passing motor vehicles and other external factors.
  • For the purposes of the Contract and the GTC, force majeure and failure to cooperate on the part of the Buyer shall also be considered circumstances excluding the Seller's liability. Force majeure includes, among other things, war, civil war, sabotage, confiscation, embargo, expropriation, natural disasters such as earthquakes, fire, lightning, epidemics, quarantine, boycott, explosion, destruction of machinery or equipment, interruption or suspension of supplies or breach of obligations by the Seller's suppliers or subcontractors, difficult supply conditions, strike (including transport strikes) or lockout, or other circumstances preventing the Seller from operating. In the event of circumstances excluding the Seller's liability, the deadline for fulfilling contractual obligations shall also be extended by the duration of the circumstances excluding the Seller's liability.
  • Upon taking delivery of the Motor Vehicle and its accessories from the Seller in the presence of the Seller, the Buyer is obliged to thoroughly inspect the Motor Vehicle and its accessories with professional care, otherwise, the Buyer shall be entitled to claim for defects detectable during the inspection only if the defects detected during the inspection are recorded in the relevant document, in particular in the CMR.
  • The Seller shall not be liable to the Buyer for lost profits, reduced revenues, other financial losses or indirect, extraordinary, consequential damages or damages beyond the scope of the contractual agreement.

 

 

  1. COMPLAINTS PROCEDURE

 

  • The Buyer is obliged to report defects in the Motor Vehicle or accessories and to assert claims against the Seller's liability for defects in the Motor Vehicle or accessories (hereinafter also referred to as "Complaint") in writing to the Seller's registered office.
  • When making a Complaint, the Buyer is obliged, in particular, to describe the defects in detail, describe how the defects manifest themselves externally, and when the defects began to manifest themselves.
  • The Buyer is obliged:
    1. at the Seller's request, immediately deliver the Motor Vehicle to the Seller's place of business (or to a place agreed upon by the Contracting Parties) for inspection, verification of the actual condition and specification of the claimed defects,
    2. submit all related documentation to the Seller (in particular: the Contract, a document confirming the takeover of the Motor Vehicle (e.g. CMR), service book, documents on previous repairs related to the subject of the notification of defects),
    3. provide the Seller with all necessary cooperation in handling the Complaint.
  • The Complaint shall be deemed to have been duly lodged only upon presentation/accessibility of the Motor Vehicle subject to the Complaint at the Seller's premises (or another suitable location as agreed by the Contracting Parties) for the purpose of inspection, if requested by the Seller. If, in justified cases, the Seller is unable to inspect the Motor Vehicle subject to the Complaint immediately, it shall set an alternative date for the inspection of the Motor Vehicle at the Seller's premises or at another suitable location so that the inspection takes place no later than 3 working days from the date of filing the Complaint.
  • Failure to comply with the deadlines specified in this article of the GTC for filing a Complaint and failure to fulfil the obligations under point 8.3. of the GTC by the Buyer shall result in the Seller being unable to properly handle the Complaint, as a result of which the Seller shall not be liable for failing to handle the Buyer's Complaint properly and in a timely manner and shall be entitled to reject the Complaint. In such a case, the Seller shall not be liable for any deterioration or new defects arising as a result of initially detected or detectable defects in the period from their detection or possibility of detection until their notification to the Seller.
  • The Buyer acknowledges that the Buyer's claims arising from liability for defects are not transferable to a third party and that only the Buyer is entitled to assert them against the Seller.
  • The Seller shall issue/send the Buyer a confirmation of the Complaint and determine the method of its handling depending on the complexity of the technical assessment of the condition of the Motor Vehicle within a reasonable time.
  • In justified cases, the Seller reserves the right to propose a change in the procedure for handling the Complaint, of which it shall duly notify the Buyer.
  • If the assessment of the Complaint depends on the expert assessment of a third party, the time required for this expert assessment of the claimed defect, which is carried out outside the Seller's registered office by a competent third party, shall not be included in the time limit for handling the Complaint.
  • The Seller has the right to reject a Complaint:
    1. if the Motor Vehicle subject to the Complaint has a defect for which the Seller is not liable under applicable law, the Contract or the GTC,
    2. if the Complaint was not made within the statutory warranty period or within the period specified in the Contract and the GTC,
    3. if the Complaint was not made in the manner and under the conditions specified in the Contract, the GTC or applicable legal regulations.
  • The Buyer acknowledges that the manufacturer of the Motor Vehicle may provide a contractual warranty for the Motor Vehicle (or its parts, accessories, components); in which case the Buyer may use this contractual warranty provided by the manufacturer and claim any defects in the Motor Vehicle directly from the manufacturer or its designated service centres, all under the conditions set by the Motor Vehicle manufacturer. The assertion of claims under the contractual warranty provided by the manufacturer of the Motor Vehicle does not constitute the assertion of a Complaint by the Buyer against the Seller.
  • Specifics of the complaint procedure:
    1. Given that the Motor Vehicle may not be new, the Seller does not provide any warranty for it and is not liable for any defects that arise after its acceptance by the Buyer.
    2. The Buyer is obliged to file a Complaint with the Seller as follows:
  • obvious defects (i.e. defects in the Motor Vehicle that can be detected with professional care when taking delivery of the Motor Vehicle) must be reported by the Buyer to the Seller upon taking delivery of the Motor Vehicle – exclusively by recording them in the CMR),
  • hidden defects (i.e. defects that the Motor Vehicle had at the time of transfer of the risk of damage to the Buyer but which only became apparent later) must be reported by the Buyer to the Seller without undue delay, no later than 3 calendar days from the date on which the defects were discovered or could have been discovered with the exercise of professional care.
  • In the case of a removable defect in the Motor Vehicle that can be removed by repair or replacement of the defective part, the Buyer has the right to have it removed free of charge, in a timely manner and properly; However, the Buyer is not entitled to claim compensation from the Seller for incidental costs associated with this repair, such as travel and transport costs and material costs.
  • In the event of an irreparable defect in the Motor Vehicle, the Buyer shall be entitled to demand a reasonable discount on the Purchase Price.
  • The Contracting Parties agree that the agreed amendment in point 8.12. of the GTC expressly excludes the application of the provisions of § 436 and § 437 of the Commercial Code.
  • The Seller shall issue a written document confirming the handling of the Complaint and send it to the Buyer and, depending on how the Complaint is handled, shall invite the Buyer to accept the performance or inform the Buyer of the justified rejection of the Complaint without undue delay after the Complaint is filed.
  • If, when handling the Complaint, the Seller finds that the reason for the Complaint is unfounded because the claimed defect did not actually occur, or it is proven that the Seller is not responsible for the claimed defect, the Buyer is obliged to reimburse the Seller for the costs incurred in handling the Complaint.

 

 

  1. TERMINATION OF THE CONTRACT
    • The contract shall terminate:
      1. upon fulfilment of the obligations of the Contracting Parties,
      2. for the reasons specified in points 9.2. or 9.3. of the GTC,
      3. upon withdrawal from the Contract pursuant to point 9.4. or 9.5. of the GTC.
    • If the Motor Vehicle is terminated or irreparably damaged before the Motor Vehicle is handed over by the Seller, except in cases of damage caused by the Buyer himself during the inspection of the Motor Vehicle or during a test drive with the Motor Vehicle, the Contract shall automatically terminate and the Seller shall return the Purchase Price or part thereof to the Buyer in a manner to be agreed separately by the Contracting Parties.
    • If it is not possible to hand over the Motor Vehicle to the Buyer due to force majeure, even within an additional period of 30 calendar days from the Date of Handover agreed in the Contract, the Contract shall automatically terminate, unless the Contracting Parties agree otherwise, and the Seller shall return the Purchase Price or part thereof to the Buyer in a manner to be agreed upon by the Contracting Parties.
    • The Seller is entitled to withdraw from the Contract if the Buyer:
      1. breaches its obligation to pay the Seller the Purchase Price or part thereof within 2 calendar days of the due date,
      2. fails to take delivery of the Motor Vehicle even within the additional period specified by the Seller after the expiry of the Delivery Date,
      3. breaches its obligations under points 6.3. or 6.4. of the GTC.
    • The Buyer is entitled to withdraw from the Contract if:
      1. The Seller is in delay with the delivery of the Motor Vehicle for more than 30 calendar days after the Delivery Date and at the same time does not remedy the delay within 15 calendar days of receiving a written request from the Buyer, and at the same time there has been no change to the Delivery Date for the reasons specified in the GTC,
      2. The Seller fails to remedy a defect in the Motor Vehicle even within a reasonable additional period and the defect prevents the Motor Vehicle from being used properly in accordance with generally binding regulations on the conditions for the operation of vehicles in road traffic,
      3. performance by the Seller becomes impossible. The Seller is obliged to inform the Buyer of the impossibility of performance without undue delay.
    • Withdrawal from the Contract shall become effective and the Contract shall terminate upon delivery of the withdrawal to the other Contracting Party, whereby the Contracting Parties' right to compensation for damages and contractual penalties shall not be affected by the withdrawal from the Contract.
    • The termination of the Contract shall not affect the validity and effectiveness of those provisions which, by their nature or under the Contract, are to remain binding even after the termination of the Contract.
    • If, in cases of withdrawal from the Contract, the Buyer is unable to return the Motor Vehicle in the condition in which it was received, the Buyer shall be obliged to pay the Seller reasonable compensation for the use of the Motor Vehicle for the period from the takeover of the Motor Vehicle until its return. Unless otherwise agreed, reasonable compensation shall be deemed to be the amount of:
  • 5% of the Purchase Price for every 1,000 km driven if the vehicle had a mileage of 0 to 1,000 km on the Day of Delivery,
  • 5% of the purchase price for every 1,000 km driven if the vehicle had a mileage of between 1,001 and 5,000 km on the day of handover, and
  • 2% of the purchase price for every 1000 km driven if the vehicle had a mileage of 5001 km or more on the date of delivery.

If the value of the Motor Vehicle has been disproportionately reduced by excessive wear and tear, the Seller shall be entitled, in addition to reasonable compensation in accordance with the previous sentence, to reasonable financial compensation in the amount determined by the Seller, taking into account the extent of the unreasonable reduction in the value of the Motor Vehicle due to its excessive wear and tear. The Buyer is responsible for any unreasonable reduction in the value of the Motor Vehicle. An unreasonable reduction in the value of the Motor Vehicle due to excessive wear and tear is considered to be a reduction in value resulting from handling of the Motor Vehicle that exceeds the scope of normal use. The Buyer acknowledges that the refunded Purchase Price may be reduced by the amount by which the value of the Motor Vehicle has decreased due to excessive wear and tear as a result of its use from the moment of its acceptance by the Buyer until its return to the Seller, in particular due to the fact that: a) the interior of the Motor Vehicle has been soiled or damaged by smoking or otherwise excessively soiled; b) there has been a change in the technical condition of the Motor Vehicle, a malfunction, damage or any change to the exterior or interior as a result of the use of the Motor Vehicle; c) a right to the Motor Vehicle has been established in favour of a third party, including a lien, lease or transfer of ownership to a third party; d) the Buyer has not used authorised service centres recommended by the Motor Vehicle manufacturer for the purpose of repairing defects or regular inspections; e) the Buyer's property is subject to enforcement or execution, or bankruptcy proceedings have been initiated against the Buyer.

  • In the case of financing the purchase of the Motor Vehicle through a third party, after the termination of the Agreement, the paid Purchase Price shall be refunded through a tripartite agreement between the Buyer, the Seller and the financing entity, under the conditions usually specified in the financial services agreement concluded between the Buyer and the financing entity. The Buyer acknowledges that the termination of the credit agreement between them and the financing entity does not affect the validity and effectiveness of the Contract and does not entitle the Buyer to withdraw from the Contract.

 

 

  1. TRANSFER OF RIGHTS AND OBLIGATIONS

 

  • The Buyer is not entitled to transfer any of its claims or financial obligations arising from the Contract to a third party, either for consideration or free of charge, without the prior written consent of the Seller.
  • The Buyer is not entitled to set off any of its claims against the Purchase Price or Remuneration for Add-ons as a claim of the Seller without the prior agreement of the Seller. Any such set-off shall be considered a breach of the Buyer's obligation to pay the Purchase Price or the Remuneration for the Add-ons and shall entitle the Seller to withdraw from the Contract and assert claims arising from such breach of obligations by the Buyer.
  • The Seller is entitled to set off any of its claims against the Buyer's claims, even if these rights and obligations arose on the basis of one or more contracts between the Seller and the Buyer.

 

 

  1. DELIVERY

 

  • The Buyer agrees and acknowledges that the delivery of contractual documents may take place either in paper form or electronically, by sending electronic copies to the email addresses of the Contracting Parties, unless the Contract or these GTC specify otherwise.
  • Documents intended for the other Contracting Party shall be delivered either in person or through another authorised entity to the address specified in the Contract for the other Contracting Party, unless that Contracting Party notifies the change of delivery address in writing. A document shall be deemed to have been delivered on the date of its receipt by a person authorised to receive registered mail on behalf of the Contracting Party. Similarly, a document shall be deemed to have been delivered on the date on which the shipment was stored due to an obstacle to delivery on the part of the addressee, or at the moment of refusal of receipt by the addressee. If the item is returned to the sender with the note "addressee unknown" or a similar note, the document shall be deemed to have been delivered on the date of its return.
  • Email messages shall be deemed to have been delivered on the date of demonstrable dispatch by the sender to the addressee's email address.
  • The provisions of points 11.1. and 11.2. of these GTC do not apply to the delivery of Electronic Invoices. The delivery of Electronic Invoices is governed by point 5.8. of the GTC and the relevant generally binding legal regulations valid and effective in the Slovak Republic.
  • Both Contracting Parties undertake to notify the other Contracting Party in writing without delay of any change in their contact details for delivery.

 

 

  1. FINAL PROVISIONS

 

  • The Seller is entitled to amend, supplement, cancel or replace these GTC (hereinafter referred to as "Amendment to the GTC") due to changes in legislation, market situation, business policy or at its own discretion. The Seller is obliged to notify the Buyer of the Amendment to the GTC, stating its validity and effectiveness, by publishing it on its website www.fleetflow.cz or by other appropriate means (e.g. by e-mail) at least 15 calendar days before the effective date of the Amendment to the GTC. A Change to the GTC shall not be considered a reason for concluding a written amendment to the Contract.
  • If the Buyer does not agree with the Amendment to the GTC, the Buyer has the right to withdraw from the Contract in writing for this reason within the period until the Amendment to the GTC takes effect. If the Seller does not exercise its right to withdraw from the Contract properly and in a timely manner in accordance with this point of the GTC, the Buyer shall be deemed to have agreed to the Change to the GTC.
  • If any provisions of these GTC or the Contract are wholly or partially ineffective, invalid or unenforceable, or later become ineffective, invalid or unenforceable, this shall not affect the validity of the other provisions of the GTC or the Contract. Instead of the ineffective, invalid or unenforceable provisions, a provision shall be used to fill the gaps which, as far as legally possible, comes as close as possible to the meaning and purpose of these terms and conditions and the Contract, provided that the Contracting Parties took this issue into account when concluding the Contract.
  • The rights and obligations of the Contracting Parties that are not expressly regulated by these GTC and the Contract and all relationships intended therein shall be governed, interpreted and applied in accordance with the relevant provisions of the applicable Slovak legal regulations. The Contract is concluded in accordance with the legal order of the Slovak Republic and the governing law is always the law of the Slovak Republic.
  • All disputes arising from the Contract, including disputes concerning its validity, interpretation or cancellation, shall be resolved before the general courts of the Slovak Republic.
  • In the event that these GTC are drawn up in several language versions and there is a discrepancy or ambiguity between them, the Slovak language version shall be decisive and binding.
  • These GTC shall enter into force and effect on 29.10.2025.