I. Introductory provisions
The operator of the eshop www.derestricted-ebike.com is:
Ebike Electronic s.r.o.
Palackeho 3, 74101 Novy Jicin
Company ID: 05553555
(hereinafter the "eshop")
All contractual relationships are concluded in accordance with Czech law
Legal relationships that are not explicitly stated in these terms and conditions are governed by law no. 89/2012 Coll., Civil Code
(hereinafter the "Civil Code").
If the buyer is a consumer (a person other than an entrepreneur who makes an order or enters into a contract with the seller as a part of his/her business), the rights and obligations of the Seller and Buyer are governed by the provisions of § 2158 et seq. Civil Code
("Special provisions for the sale of goods in a store")
and in case of purchasing consumers also by Act no. 634/1992 Coll., On consumer protection, as amended (hereinafter the "CPA").
Consumer contract - contract for purchase, work and the provision of services or other contracts under the Civil Code if the parties are the consumer on the one side (a person other than an entrepreneur who makes an order or enters into a contract with the seller as a part of his/her business or within the independent exercise of his/her profession) and the supplier, or seller, on the other side.
Seller - the eshop operator - a person acting within his/her business or other business activities in the conclusion and execution of the contract.
It is an entrepreneur who supplies products or provides services to the buyer directly or through other entrepreneurs.
Buyer - consumer - a person who does not act within his/her business activities in the conclusion of the contract. It is a natural or legal person who buys goods or services for purposes other than trading these products or services.
A buyer who is not a consumer - entrepreneurs who buy goods or use services in the course of their business activities or in their separate occupations.
III. The processing of personal data and its use
Access to the eshop may be subject to the provision of certain personal data of the buyer. In this case, the Seller will use such data in accordance with applicable laws and regulations, in particular in accordance with Act no. 101/2000 Coll., On Personal Data Protection, as amended. Personal data will be fully protected against misuse. Data will be stored and will not be shared with the applications of third parties. The Seller can only use the personal data provided outside the processing required for the conclusion and execution of the contract under the conditions specified below. The buyer takes due note of the fact that the e-mail address provided in connection with the purchase of a product or service can be used for sending the commercial messages of the eshop according to Act no. 480/2004 Coll., as amended, for offering a similar product or service. In the event that the recipient does not want to receive these commercial messages, he/she can express this objection to receive commercial messages by sending an e-mail containing the objection to receiving commercial messages to the email address of the eshop.
IV. Receiving and processing orders, purchase contract
A condition for valid electronic orders is to fill in all required data and information specified in the order form. Before the Buyer definitively confirms the order, he/she will be entitled to check the whole order and the entered data.
If the Buyer agrees with the form of the order, the order will be definitively sent for processing with the button confirming the order. This order submission is mandatory.
The purchase contract comes into force when the Buyer sends the order after selecting the transportation and the method of payment and upon receipt of the order by the eshop. The eshop can not be held liable for any errors in the data transmission. The eshop shall immediately confirm the conclusion of the contract in an informative e-mail sent to the email address specified by the Buyer.
The Seller reserves the right not to accept an order placed by the Buyer in the event of an evident error regarding the price, description or picture of the product in the product catalogue on the Seller's eshop at any stage of the order execution. The Buyer shall be notified about the non-acceptance of the order due to evident errors over the phone or via email.
The Seller reserves the right to cancel the order or a part of it in following cases:
- the goods are no longer produced or delivered or the price of the supplied goods has changed significantly
If this situation occurs, the Seller shall immediately contact the buyer in order to agree on further action.
In the event that the buyer has already paid a part or the whole amount of the purchase price, this amount will be transferred back to his account and the purchase contract will not be concluded.
The Seller reserves the right to refuse to accept an order for goods which are not in the e-shop,
as well as orders for goods that the manufacturer or supplier can not deliver (they are no longer in production, they can not be delivered in a different colour, etc.).
The contract is concluded in Czech. If the need to have the text of the contract translated arises for the Buyer, the interpretation of the contract in Czech shall take precedence in case of a dispute concerning the interpretation of terms.
Prices listed on the eshop are given as non-negotiable, including VAT. The transport costs, the amount of which may vary according to the specific order (depending on the mode of transport), are subsequently added in the order form. The final calculated price after filling in the order form is already listed with shipping included. The price specified for the goods at the time the goods are ordered is the valid price when the contract is concluded between the Seller and the Buyer. This price will be specified in the order and the email confirming the receipt of the order.
VI. Delivery of goods
The buyer/consumer is obliged to properly take over the goods from the carrier and check the integrity of the packaging and the number of packages and immediately notify the carrier of any defects thereto. If the Buyer finds that that the packaging is violated in a way that indicates an unauthorized intrusion into the package, the Buyer is advised in his/her own interest not to accept the package! By the taking over the package, the buyer confirms that the shipment complies with all terms and conditions mentioned above, and any later claims about the violation of the packaging will not be accepted.
VII. Returns - withdrawal from the contract within 14-days
1. A buyer who has entered into a distance purchase contract and purchased goods in the eshop has the right to return the goods without stating a reason within fourteen (14) days from the receipt of goods (in accordance with the new Civil Law § 1829 article 1)
2. If the buyer withdraws from the contract, he/she shall send or hand over goods received to the seller without undue delay, no later than fourteen (14) days from the withdrawal from the contract.
3. The provisions of § 1832 article 4 of the Civil Code state that "if the buyer withdraws from the contract, the seller is not obligated to return the funds received to the buyer/consumer before the buyer/consumer returns the goods or proves that the goods have been sent to the seller.
4. We recommend returning the goods in their original condition - undamaged, unused, unworn, unwashed, and with the original tags, labels and sales documents, if possible.
5. After returning the goods (goods returned by cash on delivery are not accepted), the buyer will be refunded on bank account number given by him/her.
6. If the buyer returns goods in a used, damaged and washed condition without the original packaging, tags etc., within the 14-day period, he/she will not be refunded the full purchase price of the goods. In this case, the seller shall lower the purchase price for wear.
7. The full costs of returning the goods to the seller shall be paid by the buyer. The goods can also be return in person by prior agreement.
8. If you withdraw from a contract with the seller, we will return all payments that we received from you, including the costs of delivering the goods to you, without undue delay within 14 days from the day on which we were informed about your decision to withdraw from the contract (except for additional costs incurred as a result of a delivery method chosen by you that is different than the least expensive method of standard delivery offered by the seller).
To exercise the right to withdraw from the contract, you must inform the seller of your decision to withdraw from this contract by sending a notice of withdrawal within the aforementioned 14 days in the form of an unequivocal statement (e.g. a letter sent by mail or an e-mail).
We will then send you a confirmation of receipt of this notice a withdrawal.
VIII. Rights arising from defective performance - Complaints
The rights and obligations of the parties regarding the rights arising from defective performance shall be governed by the relevant legislation (including the provisions of § 1914 to 1925, § 2099-2117 and 2161-2174 § Act no. 89/2012 Coll., of the Civil Code).
The buyer is entitled to exercise the right arising from defects that occur in consumer goods in the period of 24 months from the receipt of goods by the buyer. The warranty period that is thus granted under the contract starts from the date of the receipt of goods by the buyer.
If defects are manifested within six months of receipt, the goods are considered to have already been defective at the time of take-over.
1. The seller is liable for defects arising after the receipt of goods within the 24-month warranty period or within the service life stated in an advertisement, on the packaging or in the accompanying instructions.
2. The buyer is obliged to lodge a complaint with the seller without undue delay after finding a deficiency. The damaged thing can not be used. If the buyer does so in writing or electronically, he/she should specify his/her contact information, a description of the defect and the requirement for the way of settling the claim.
3. The buyer can assert his/her claim to a free defect removal or to a reasonable price discount at the seller, according to his/her requirement, within two years from the receipt of the goods (unless otherwise stated for the goods); if it is not disproportionate to the nature of the defect (in particular if the defect can not be removed without undue delay),
a requirement to supply a new item without defects or a new component without defects can be asserted if the defect only concerns this component.
4. If the repair or replacement of the goods is not possible, buyer may claim a refund of the full purchase price on the basis of withdrawal from the contract. The buyer may also request a reasonable discount on the purchase price.
5. The seller is not obliged to meet the consumer's claim if the seller can prove that the buyer knew about the defect before the take-over or caused it himself/herself.
6. For items sold at a lower price, the seller is not liable for defects for which the lower price was agreed upon.
7. In the case of defects that entail a minor breach of the contract, the buyer is entitled to have the defect removed or a reasonable discount on the purchase price (regardless of whether the defect is removable or non-removable).
8. If a removable defect occurs repeatedly after repair (a third complaint for the same defect or a fourth for different defects) or the goods have a larger number of defects (at least three defects at the same time), the buyer can exercise the right to a discount on the purchase price or the exchange of goods or withdraw from the contract.
9. When receiving the goods, the buyer is obliged to inspect the goods and immediately deal with any defects caused by transport with the carrier (write a complaint report). The seller is not responsible for damage caused by the carrier.
10. We handle complaints without undue delay, but no later than within the statutory period of 30 days.
The customer takes due note of the fact that with the large number of different types of monitors with different colour settings, the colour of the offered goods may slightly differ on the pictures in the eshop from the colour of the goods in reality.