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Terms and Conditions

General terms and conditions for purchases in the online store www.protocycles.cz

(hereinafter referred to as "General Terms and Conditions")

Article I.

Introductory provisions

These General Terms and Conditions are applicable to the Seller's online shop, which is operated on the website located at www.protocycles.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").

The operator and owner of the website www.protocycles.cz is the company Protocycles s.r.o., ID No.: 014 88 422, with registered office at Družstevní 248, Čekanice, 390 02 Tábor. The company is registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, Insert 21667 (hereinafter referred to as "Protocycles s.r.o." or also "Seller"). All property rights in relation to this website are entitled to be exercised only by Protocycles s.r.o. in accordance with the Copyright Act 121/2000 Coll. Any storage, modification and distribution of this website is only possible with the consent of Protocycles s.r.o.

Access to and use of the website www.protocycles.cz is free of charge, the visitor uses the website at his/her own risk. Protocycles Ltd accepts no responsibility for the safe use and uninterrupted access to this website.

The General Terms and Conditions of Business govern the rights and obligations of the Seller and the Buyer, who is either a consumer or an entrepreneur (consumer or entrepreneur hereinafter referred to as the "Buyer"). A consumer is anyone who, outside the scope of their business activity or outside the scope of their independent exercise of their profession, enters into a contractual relationship with the Seller. An entrepreneur is a person who independently carries out a gainful activity on his own account and responsibility, by trade or otherwise, for profit. The Terms and Conditions are accessible to everyone on the website.

All contractual relations between the Seller and the Buyer are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "CCC").

The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Contract shall be borne by the Buyer himself (internet connection, telephone calls). The Seller shall not conclude contracts by means of distance communication which are subject to repeated performance.

Article II.

Purchase Contract

If the Buyer is a consumer, the proposal for the conclusion of the purchase contract is the placement of the offered goods by the Seller on the website www.protocycles.cz, with the understanding that the purchase contract is formed by the Buyer sending the order and the Seller accepting the order. The Seller shall promptly confirm the acceptance of the order to the Buyer by means of an e-mail message sent to the e-mail address indicated by the Buyer. The confirmation e-mail does not affect the conclusion of the purchase contract. The order of goods shall be made through the web interface located on the website www.protocycles.cz with the completion of all the requirements specified therein. Before sending the order of goods to the Seller, the Buyer can change the data he has entered in the order, such as the quantity of goods, the shipping, as well as the method of payment. If the Buyer is not a consumer, the order sent by the Buyer is the proposal for the conclusion of the purchase contract, with the conclusion of the purchase contract occurring upon delivery of a confirmation e-mail message to the e-mail address indicated by the Buyer. The Purchase Contract is concluded in the Czech language.

All presentation of the goods placed in the web interface of the shop is of an informative nature and the Seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732 (2) of the German Commercial Code do not apply.

The e-mail message confirming the Buyer's order shall always include the current valid version of these General Terms and Conditions.

The order of goods is made via the web interface of the shop located on the website www.protocycles.cz with the completion of all the requirements specified therein. Before sending the order of goods to the Seller, the Buyer may change the data he has entered in the order, such as the quantity of goods, shipping, as well as the method of payment.

The conclusion of a purchase contract without agreeing on all the requirements set out in the German Commercial Code is excluded in accordance with the provisions of Section 1726 of the German Commercial Code. The seller also excludes the acceptance of an offer with an amendment or deviation in accordance with § 1740 paragraph 3 of the German Commercial Code.

An order that does not contain all the required elements or does not meet the elements specified in these General Terms and Conditions or is in conflict with them and has not been completed or corrected even after a request made by the Seller shall be regarded as an order that has not been placed.

By submitting an order, the Buyer confirms that he/she has read these General Terms and Conditions before submitting the order and that he/she agrees with them, in the version valid and effective at the moment of submitting the order.

Article III.

Transportation of the goods, time limits for delivery of the goods, place of delivery

The possible method of delivery of the goods depends on the nature of the goods and is always given as a choice and indicated in the type of goods offered. The goods ordered by the Buyer may be transported by PPL, by a postal service operator, or may be destined, due to their nature, only for collection at the Seller's premises at Branice 111, Bernartice 398 43. The price of transport is governed by the current price list of transport on the day of ordering the goods. The Buyer is always informed of the shipping price before the order is placed. The cost of delivery of the goods varies according to the chosen method and the shipping provider. In the case of personal collection of goods at the Seller's premises at Branice 111, Bernartice 398 43, the cost of shipping is 0,- CZK.

The deadline for delivery of the goods is always indicated for the goods. In the event that it would not be possible to deliver the goods to the Buyer within this period, the Buyer will be notified within 5 working days of receipt of the order.

Goods ordered by the Buyer shall be delivered to the place of delivery specified in the order, in the manner specified by the Buyer, unless the goods are only available for personal collection.

If the Seller is obliged under the contract of sale to deliver the goods to the place specified by the Buyer in the order, the Buyer shall take delivery of the goods on delivery.

In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

The Buyer agrees that the Seller shall provide the selected carrier with information concerning the Buyer to the extent necessary for the proper delivery of the goods.

In the case where the goods are transported by a carrier, the Buyer is obliged to check the integrity of the packaging upon receipt of the goods and in the event of any defects, to immediately notify the carrier, with whom the Buyer shall draw up a damage report. Incomplete or damaged shipment must be notified to the Seller immediately. In the event of damage to the packaging indicating unauthorized entry into the shipment, the Buyer may not accept the shipment from the carrier.

Article IV.

Prices and payment for goods

The price for the goods delivered by the Seller on the basis of the Buyer's order shall be set at the current price list on the website www.protocycles.cz on the day the Buyer placed the order. The price of the goods is always quoted on www.protocycles.cz including and excluding VAT and including all related charges required by law. The resulting price is always the price plus VAT. The Seller is entitled to unilaterally change the price of the goods, provided that the already concluded purchase contract will not be affected by such a price change.

Under the conditions set out in these General Terms and Conditions, the Seller shall charge the Buyer for the costs of delivery of the goods to the Buyer in addition to the price of the goods, where the web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with packaging and delivery of the goods provided in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.

By placing an order, the Buyer confirms agreement with the Seller's prices for the ordered goods and undertakes to pay the price for the ordered goods.

The method of payment of the purchase price will be agreed in the purchase contract, following the Buyer's choice made in his order, where the Buyer has the option to choose from the following options:

Cashless bank transfer to the Seller's account - bank connection: Fio banka a.s., account number: 2400748738/2010. The variable symbol is the order number. The goods will be sent to the Buyer after the payment amount for the order is credited to the Seller's account,

in cash (cash on delivery) - the Customer shall pay for the goods in cash upon receipt from the contracted carrier,

in cash upon personal receipt of the goods at the Seller's premises.

The Seller requires payment of the purchase price before the Buyer takes delivery of the goods. The Seller may require the Buyer to make a deposit or other similar payment, particularly in cases where the goods are stated to be for delivery "on order only".

Article V.

Claims for defects in the goods

The rights and obligations of the contracting parties regarding defective performance shall be governed by the relevant provisions of generally binding legal regulations, and in particular by the provisions of Sections 1914 to 1925, 2099 to 2112 and 2161 to 2174 of the German Civil Code.

The Seller shall be liable to the Buyer, unless the Buyer is also a businessman and it is clear from the circumstances at the time of conclusion of the contract that the purchase also concerns his business activity, in particular for the fact that at the time he accepted the goods:

the goods have the characteristics agreed between the parties and, in the absence of an agreement, the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by them,

the goods are fit for the purpose for which the Seller states they are to be used or for which goods of that kind are usually used,

the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,

the goods are in the appropriate quantity, measure or weight and comply with the requirements of the law.

If the Buyer is supplied with a defective performance which constitutes a material breach of contract, the Buyer shall have the right to

to remedy the defect by delivery of a new item without defect or by delivery of the missing item,

to remedy the defect by repairing the item,

a reasonable discount on the purchase price, or

to withdraw from the contract.

The Buyer shall notify the Seller of the right chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable. If the Seller fails to remedy the defects within a reasonable period of time or notifies the Buyer that he will not remedy the defects, the Buyer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract. If the Buyer fails to exercise his right in time, he shall have the same rights as in the case of an insubstantial breach of contract (see paragraph 4 below).

If the defective performance is an insubstantial breach of contract, the Buyer has the right to have the defect remedied or to a reasonable discount on the purchase price. As long as the Buyer does not exercise the right to a discount on the purchase price or does not withdraw from the purchase contract, the Seller may supply what is missing or remedy the legal defect. Other defects may be remedied by the Seller at its option by repairing the item or by supplying a new item. If the Seller fails or refuses to remedy the defect in a timely manner, the Buyer may demand a reduction in the purchase price or may withdraw from the contract. The Buyer cannot change the choice made without the Seller's consent.

When a new item is delivered, the Buyer shall return the originally delivered item to the Seller at the Seller's expense.

If the Buyer does not notify the defect in time, he loses the right to withdraw from the purchase contract.

If the Buyer does not notify the defect without undue delay after he could have discovered it with timely inspection and sufficient care, the court shall not grant him the right of defective performance. In the case of a latent defect, the same shall apply if the defect was not notified without undue delay after the Buyer could have discovered it with reasonable diligence, but at the latest within two years after the delivery of the goods.

The Buyer shall assert his rights from defective performance at the address of the Seller's establishment Branice 111, Bernartice 398 43, where the acceptance of the claim is possible with regard to the range of goods sold. The moment when the Seller receives the claimed goods from the Buyer shall be considered the moment of the claim.

The Seller has the right to refuse to accept the goods for complaint in cases where the claimed goods and/or their components are contaminated or do not meet the basic requirements for hygienically safe submission of the goods for complaint, unless the contamination is normal.

In the case of the purchase of goods by the consumer, if the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.

The consumer purchaser shall be entitled to exercise the right to claim for defects which occur in consumer goods within twenty-four months of receipt. The provisions of this Article shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, in the case of second-hand goods to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the Buyer, or if this results from the nature of the goods.

Article VI.

Special provisions for the purchase of goods by a consumer

Where the contract of purchase is concluded by means of distance communication, the Buyer, who is a consumer in accordance with the provisions of Art. In the case where the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Contract must be sent by the Buyer within the period specified in the previous sentence to the Seller's registered office address or to the Seller's e-mail address, which are specified in Article VIII of these General Terms and Conditions. For withdrawal from the Purchase Contract, the Buyer may use the sample form, which is an integral part of these General Terms and Conditions. In the event that the consumer uses the sample form for withdrawal from the purchase contract, the Seller shall confirm its receipt in text form without undue delay.

In the event of withdrawal from the Purchase Contract pursuant to this Article, the Purchase Contract shall be cancelled from the outset. The Consumer is obliged to return the intact Goods in complete condition to the Seller, bearing the costs associated with the return of the Goods to the Seller, even if the Goods cannot be returned due to their nature by the usual postal route.

In the event that the Buyer withdraws from the Purchase Contract pursuant to the preceding paragraph, the Seller shall return the funds received from the Buyer within 14 days of the Buyer's withdrawal from the Purchase Contract in the same manner as received from the Buyer, unless otherwise agreed. At the same time, the Seller is entitled to return the performance provided to him by the Buyer already when the Buyer returns the goods or in another way, if the Buyer agrees to this and does not incur additional costs to the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to him or proves that he has sent the goods to the Seller.

In order to be accepted back by the Seller in the event of withdrawal, the goods must not be damaged in any way or show signs of use or wear.

The Consumer acknowledges that it is not possible to withdraw from a contract for the supply of goods that have been customised to the Consumer's wishes or for the Consumer's person, among other things, within the meaning of Section 1837 of the Civil Code.

Article VII.

Contact details

The contact details of the Seller are:

Protocycles s.r.o., registration number: 014 88 422

Registered office: Družstevní 248, Čekanice, 390 02 Tábor.

Tel: +420 777 883 494

E-mail: vit@protocycles.cz

Contact person for order processing: Vít Kučera

Contact person for complaints and withdrawal from the purchase contract: Vít Kučera

Article VIII.

Protection of personal data

The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") in relation to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations of this Contract and for the purposes of the performance of the Seller's public obligations by means of a separate document.

Article IX.

Sending commercial communications and storing cookies

The Buyer consents to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR Regulation relating to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.

The Buyer agrees to the storage of cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract can be fulfilled without storing cookies on the buyer's computer, the buyer can withdraw the consent according to the previous sentence at any time.

Article XI.

Final Provisions

These General Terms and Conditions of the Seller are valid in the version indicated on the Seller's website www.protocycles.cz on the date of conclusion of the Purchase Agreement. The Buyer reserves the right to change the wording of the General Terms and Conditions.

In the event that the contracting party is a consumer, the relations not regulated by the General Terms and Conditions shall be governed by the NTC and Act No. 634/1992 Coll., on Consumer Protection. If the contracting party is an entrepreneur, the relations not governed by the Terms and Conditions shall be governed by the NTC.

The Seller declares that he has a valid trade licence to sell goods on www.protocycles.cz. In accordance with the provisions of § 1820 paragraph 1 of the NTC, the Seller informs that the consumer can address an out-of-court complaint to the inspection body, which is the Czech Trade Inspection Authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions set out in the relevant legislation. Control over compliance with the Trade Licensing Act is carried out by the competent trade licensing authority. Control over compliance with the protection of personal data is carried out by the Office for Personal Data Protection.

Purchase contracts are archived by the seller from the time of their conclusion, even after they have been fulfilled. Purchase contracts are archived in the form in which they were concluded. Access to the archived sales contracts is exclusively vested in the Seller or in the entity authorised by the Seller to archive them. They shall not be entitled to disclose the contracts to third parties, except in the event of a legal obligation to do so.

These General Terms and Conditions are valid and effective from 1.10.2014.

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