Terms and Conditions

1. Introductory provisions

1.1 In accordance with the provisions of Section 1751 (1) of Act no. No. 89/2012 Coll. (Civil Code) as amended, MS KART s.r.o. Issues the present Terms and Conditions, which form an integral part of the Purchase Contract, concluded between:

MS KART s.r.o., ID 25170368, Tax ID CZ25170368, karting@mskart.cz (hereinafter referred to as the Seller) on the one hand and the Buyer on the other.

1.2 The Buyer is a consumer who concludes a Purchase Contract with the Seller through the Internet shop of the Seller located at https://eshop.mskart.cz (hereinafter referred to as "E-shop").

1.3 If the Buyer is a consumer pursuant to Section 419 of Act no. 89/2012 Coll., relationships not regulated by these Terms and Conditions are governed by Act No. 89/2012 Coll. If the Buyer when ordering / purchasing goods acts in the frame of his business activity or in his own pursuit of profession, the relationship is governed by these Terms and Conditions not regulated by Act No. 89/2012 Coll. whilst the provisions of Sections 2158 to 2174 shall not apply.

1.4 By concluding the Purchase Contract, the Buyer confirms that he / she has become acquainted with the full wording of these Terms and Conditions, that he / she understands all its provisions and that he / she fully agrees with them.

1.5 The Seller is entitled to change the wording of these Terms and Conditions at any time. The Buyer is bound by the wording of the Terms and Conditions at the moment of concluding the Purchase Contract

2. Conclusion of the Purchase Contract

2.1 By selecting the goods from the Seller's offer and subsequent ordering them (by completing the order form), the Buyer submits to the Seller a proposal for the conclusion of the purchase contract. The purchase contract between the seller and the buyer is concluded at the moment of acceptance of this proposal, ie by confirmation of the order by the seller sent to the buyer's email address. In the absence of such confirmation by the Seller, the Purchase Agreement shall be deemed not to have been concluded.

2.2 The order form contains mainly the marking of the goods, the price of the goods, the manner and price of the goods transport and the space for filling in the identification data of the Buyer.

2.3 Identification data of the Buyer are in particular his name and surname, eventually the business name, residence or registered office, date of birth or ID, as well as the e-mail address, contact telephone or delivery address. 

2.4 The price of all goods offered at the Seller's E-shop includes VAT and all related sales fees (except for the postage and packing price, which is shown separately). The price of the goods is valid for the period of its publication in the seller's e-shop.

2.5 The condition for the order validity is the completion of all requirements of the order form, including the consent to the wording of these Terms and Conditions.

2.6 The Buyer agrees that the Seller is not obliged to conclude a Purchase Contract with the Buyer for all goods specified in the Seller's E-shop, ie that the presentation of the goods in the Seller's E-shop does not present an offer to conclude a contract in the meaning of Section 1732 of the Civil Code.

2.7 All facts stated by the Buyer in the note in the order form are part of the concluded Purchase Contract if the Seller agrees with them; in case of his disagreement it is considered that the Purchase Contract was not concluded. Similarly, if the Seller is unable to fulfill any Buyer's request expressed in the order, the Seller will send the Buyer a new order proposal with a request for its comment. The Purchase Contract is concluded at this time by sending this new order to the Seller and its subsequent confirmation by the Seller.

2.8 In circumstances worthy of consideration before the order is confirmed and the Purchase Contract is concluded, the Seller is entitled to ask the Buyer for a telephone or written confirmation of his order.

3. Rights and obligations of the parties

3.1 By concluding the Purchase Contract arises for the Seller the obligation to hand over the ordered goods to the Buyer and for the Buyer the obligation to pay the Seller the agreed price for such goods.

3.2 The Buyer is obliged to take over the goods ordered and delivered in accordance with the Purchase Contract and these Terms and Conditions.

3.3 In case that it is necessary for the reasons on the part of the Buyer to deliver goods in another way as agreed in the Contract, the Seller is entitled to demand from the Buyer all costs associated with such delivery.

4. Withdrawal from the contract

4.1 In accordance with Section 1829 of the Civil Code the Buyer has the right to withdraw from the Purchase Contract within 14 days of receipt of the goods.

4.2 A form suitable for withdrawal is placed on the Seller's website. The Buyer may also use another method to withdraw from the Contract, but use of the above form is strongly recommended.

4.3 If the Buyer withdraws from the Contract, he shall send or hand over to the Seller, without undue delay, the goods received from the Seller at the latest within 14 days of the withdrawal. 

4.4 If the Buyer withdraws from the Contract, the Seller shall return to the Seller, without undue delay, no later than fourteen days after the withdrawal, all funds, including delivery costs, received from him under the Contract (except for additional costs incurred as a result of the delivery method, chosen by the Buyer, which is different from the cheapest standard delivery method offered by the Seller).

4.5 If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer hands over the goods or proves that the goods have been sent to the Seller.

4.6 The Buyer shall bear the costs of returning the goods to the Seller in full.

4.7 0The Buyer shall be liable to the Seller for a reduction in the value of the goods resulting from the handling of the goods other than necessary with respect to their nature and characteristics.

4.8 The Buyer may not withdraw from the Contracts specified in Section 1837 of Act. 89/2012 Coll.

4.9 The Seller is entitled to withdraw from the Purchase Contract prior the moment of the takeover of the goods by the Buyer, in the event of circumstances preventing him from delivering the ordered goods to the Buyer.

5. Terms of payment and transfer of ownership

5.1 The Buyer is not obliged to pay the Seller an advance payment for the ordered goods, except in the cases expressly agreed in the Purchase Order.

5.2 The Goods will not be delivered / handed over to the Buyer until the purchase price has been paid, including delivery costs. The purchase price is payable in the moment the goods are taken over. In case of cashless payment to the Seller's account, the purchase price is payable within 14 days after the conclusion of the Contract.

5.3 The transfer of ownership of the ordered goods from the Seller to the Buyer occurs only after the full payment of the purchase price including the delivery costs.

5.4 The Buyer expressly agrees with the possibility of sending a tax document in electronic form (instead of a document in writing) to his email address.

6. Defective Performance Rights and Quality Guarantee

6.1 The rights and obligations of the contracting parties regarding the rights of defective performance are governed by Act No. 89/2012 Coll., Specifically in its provision of the Section 2099 to 2112

6.2 If the defective performance is a material breach of the contract, the Buyer has the right to remove the defect by delivery of a new item without defect or delivery of the missing item, or to remove the defect by repairing the item or to a reasonable discount on the purchase price or withdraw from the contract.

6.3 If the defective performance is an insignificant breach of the contract, the Buyer has the right to the removal of the defect or to a reasonable discount on the purchase price.

6.4 By the Quality Guarantee the Seller warrants that the Product will be fit for normal use for a certain period of time or that it will retain its customary properties.

6.5 The warranty period runs from handing over the item to the Buyer; if the item was sent according the Contract, it runs from the arrival of the item to the destination.


7. Private data protection

7.1 The Buyer hereby grants the Seller the right to collect, process, store, and use the data provided by the Buyer for the purposes of the Seller's information and billing systems and for use in Seller's marketing actions to inform the Buyer of new Seller's products.

7.2 These are in particular the name and surname of the Buyer / name of the business firm, address of his / her residence / place of business, delivery address, date of birth, personal identification number, e-mail address and telephone number.

7.3 The Buyer expressly agrees to receive commercial communications within the meaning of Act No. 480/2004 Coll., as amended, by the Seller to the address of his electronic mail.

7.4 The Buyer gives consent and authorization to the above for an indefinite period of time from the date of dispatch of the order.

8. Final Arrangements

8.1 All relationships not governed by these Terms and Conditions shall be governed by the relevant provisions of the Civil Code as well as other related laws.

8.2 In the event that any provision of these Terms and Conditions is found to be illegal or invalid, the validity or effectiveness of other provisions of these Terms and Conditions will not be affected.

8.3 All agreements between the Seller and the Buyer contained in the Purchase Contract shall take precedence over the provisions of these Terms and Conditions with which they conflict.


Contract withdrawal form within E-SHOP

Notice of withdrawal



Company name:         MS KART s.r.o. 

Registered office:           Žernovická 1272, 383 01 Prachatice

ID:                                      25170368

Tax ID:                                   CZ25170368

Telephone:                            388 313 387

E mail:                               karting@mskart.cz



Name and surname:                         



E mail:                 



Order Number:

Invoice number:

Date of the goods reception:


I declare that I hereby withdraw from the Contract for the purchase of such goods (please provide the details given on the invoice - subject of taxable supply, quantity)














And I request a refund on account number:


Buyer signature (if this form is sent in paper form):




Note: Address for returning the goods: MS KART s.r.o., Žernovická 1272, 383 01 Prachatice

Note: Please do not send returned goods for cash on delivery

Note: Please return the returned goods complete including all accessories

Note: For details on withdrawal from the contract, please refer to the terms and conditions on our website www.mskart.cz