Business terms and conditions

INITIAL PROVISIONS

1. These Commercial Terms and Conditions (hereinafter the "Commercial Terms and Conditions") of business company TBB-BIKE s.r.o. with the registered office at Brno, Vránova 2271/170a, 62100, IČO: 178 52 064, registered in the Business Register, maintained by the Regional Court in Brno, section C, insert 131821", / "Alexandr Rovný", with the registered office at Brno, Oranžová 8, company ID number 65284038, tax ID number CZ7612134035, registered in the Register of Trades of the Metropolitan Authority of Brno (hereinafter referred to as the "Seller"), govern in accordance with the provisions of section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arisen in connection with or under a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and any other natural person (hereinafter referred to as the "Buyer") through the online shop of the Seller. The online shop is operated by the Seller on the website at www.shop.tbb-bike.cz (hereinafter referred to as the "Website") through a Website interface (hereinafter referred to as the "Shop Web Interface").

2. The Commercial Terms and Conditions will not apply to cases when a person who intends to purchase goods from the Seller is a legal person or a person acting in the ordering of goods as part of his/her business activity or within his/her self-employment.

3. Provisions that deviate from the Commercial Terms and Conditions may be agreed in the Purchase Contract. Divergent arrangements in the Purchase Contract shall prevail over the provisions of the Commercial Terms and Conditions.

4. The provisions of the Commercial Terms and Conditions are integral part of the Purchase Contract. The Purchase Contract and the Commercial Terms and Conditions are prepared in Czech. The Purchase Contract may be entered into in the Czech language.

5. The wording of the Commercial Terms and Conditions may be changed or amended by the Seller. This provision shall not affect the rights and obligations arising over the term of effect of the previous version of the Commercial Terms and Conditions.

USER ACCOUNT
1. Based on the registration of the Buyer made on the Website, the Buyer may access his/her user interface. In his/her user interface (hereinafter referred to as the "User Account") the Buyer may place orders for goods or edit his/her personal data, and also use the advantages coming along with the opening of the User Account in the form of the loyalty programme, summary of purchase orders, invoices or warranty claims. The creation of the User Account is not a prerequisite for the conclusion of the Purchase Contract. The Buyer may also place purchase orders without registration, directly from the Shop Web Interface.

2. During the registration at the Website and when ordering goods the Buyer is obliged to give all details accurately and truly. The Buyer is obliged to update the details stated in the User Account whenever there is a change in such details. The details given by the Buyer in the User Account and during the placement of Purchase Orders are considered accurate by the Seller.

3. The access to the User Account is secured by the user name and a password which is encrypted by the Seller to prevent its unauthorized use. The Buyer is obliged to maintain confidentiality in respect of the information necessary to access the User Account and prevent the unauthorized use of the logging data.

4. The Buyer may not allow the use of the User Account by third persons.

5. The Seller may cancel the User Account, in particular when the Buyer has not used the User Account for more than 24 months, or in the event that the Buyer breaches his/her obligations from the Purchase Contract and the Commercial Terms and Conditions or applies for the deletion of his/her personal data from the Seller’s database, does not grant or withdraws his/her consent for the processing of personal data.

6. The Buyer acknowledges that the User Account may not be accessible all the time, in particular with regard to the necessary maintenance of the Seller’s hardware and software equipment or, as appropriate, with regard to the necessary maintenance of the hardware and software of third persons.

CONCLUSION OF THE PURCHASE CONTRACT
1. All the presentation of the goods placed in the Shop Web Interface is only informative and the Seller is not obliged to conclude the Purchase Contract regarding the goods. The provisions of section 1732(2) of the Civil Code will not apply.

2. The Shop Web Interface contains information on goods, including the prices of the respective goods. The prices of goods are given including the value added tax and all related fees. The prices of goods are valid throughout the time they are shown in the Shop Web Interface. This provision does not limit the possibility for the Seller to conclude the Purchase Contract under individually agreed conditions.

3. The Shop Web Interface also contains information on the costs connected with the packaging and delivery of the goods.

4. To order goods, the Buyer will complete the purchase order form in the Shop Web Interface. The purchase order form includes in particular information on the following:

- the goods being ordered (the Buyer “inserts” the ordered goods into the electronic shopping cart of the Shop Web Interface)

- the method of payment of the purchase price of the goods, details on the required method of delivery of the goods being ordered

- information on the costs connected with the delivery of the goods (hereinafter collectively as the "Order").

5. Before sending an Order to the Seller, the Buyer is enabled to check and change the details given in the Order, also with regard to the possibility for the Buyer to identify and correct any errors made when entering the details into the Order. The Buyer will send the Order to the Seller by clicking the button "ORDER". The details given in the Order are considered accurate by the Seller. The Seller shall, immediately after the receipt of the Order, electronically confirm the receipt to the Buyer at the electronic address of the Buyer given in the user interface or in the Order (hereinafter referred to as the "Electronic Address of the Buyer").

6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for an additional confirmation of the Order (e.g. in writing or by phone).

7. The contractual relationship between the Seller and the Buyer is established upon the delivery of the receipt of an Order (acceptance) that is sent by the Seller to the Buyer electronically to the Electronic Address of the Buyer.

8. The Buyer agrees with the use of means of distant communication for the conclusion of the Purchase Contract. The costs incurred by the Buyer as a result of the use of the means of distant communication in connection with the conclusion of the Purchase Contract (costs of Internet connection, costs of phone calls) are met by the Buyer himself/herself; such costs do not differ from the basic rate.

9. The Buyer may cancel an Order at any time before it is confirmed by the Seller. Confirmation of an Order by the Seller means an email containing the stock availability of the goods. An Order may be cancelled by phone or email at the electronic address of the Seller.

PRICE OF GOODS AND TERMS OF PAYMENT
1. The Price of Goods and the costs connected with the packaging and delivery of the Goods under the Purchase Contract may be paid by the Buyer to the Seller as follows:

- in cash during personal takeover at the Seller’s establishment at TBB-BIKE s.r.o., Vránova 2271/170a, 612100 Brno, Czech Republic

- prior to the delivery of the Goods with a payment card via the Payment Gate ComGate. 

- prior to the delivery of the Goods via PayPal

PAYMENT METHODS
Card - we accept these cards: VISA, VISA Electron, MasterCard, Maestro, Diners Club
Apple Pay - the payment gate offers this option to all who use Apple devices with Safari browser.

Our eshop uses payment gate by ComGate Payments, a.s. Bellow you can find contacts for possible questions or complaints regarding payment.

ComGate Payments, a.s.
Gočárova třída 1754 / 48b, Hradec Králové
E-mail: platby-podpora@comgate.cz
Tel: +420 228 224 267

2. Together with the Purchase Price the Buyer is further obliged to pay the Seller the costs connected with the packaging and delivery of the Goods in the agreed amount. Unless expressly provided otherwise, the Purchase Price also means the costs connected with the delivery of the Goods.

3. The Seller charges the packaging costs in the amount of 3% of the ordered Goods and the transport costs as per the Seller's price list and the country of destination. The price list is available in the Transport and Payment section.

4. In the event of Payment in cash the Purchase Price is payable upon the acceptance of the Goods. In the event of cashless payment the Buyer’s obligation to the pay the Purchase Price is fulfilled once the relevant amount is credited to the Seller’s Account.

5. Discounts on the Price of Goods provided by the Seller to the Buyer cannot be combined. Discounts are detailed in the Loyalty Programme of the Seller who reserves the right to make changes in it.

6. The Seller shall issue an invoice or, as appropriate, a simplified invoice to the Buyer for the Payments made under the Purchase Contract. The Seller is a value added tax payer.

7. The Seller and the Buyer have agreed that invoices will be sent by electronic mail in the Adobe Portable Document Format (PDF). Invoices shall be sent from the Supplier’s e-mail address: info@tbb-bike.cz. The invoice shall be delivered to the Buyer’s address specified in the Purchase Order. The Supplier shall not at the same time send the invoices in the paper form. An invoice sent in the electronic form constitutes a standard tax voucher.

8. In the case of personal acceptance the Buyer shall receive a simplified invoice in printed form.

9. Relevant for the determination of the purchase Price is the Price of Goods at the time of the placement of the Order.

WITHDRAWAL FROM THE PURCHASE CONTRACT
1. The Buyer acknowledges that according to the provisions of section 1837 of the Civil Code it is not possible to withdraw from the Purchase Contract for the delivery of Goods that have been customized to suit the Buyer or the Buyer’s wishes.

2. Unless in a case referred to in Article WITHDRAWAL FROM THE PURCHASE CONTRACT paragraph 1 or any in other case when it is not possible to withdraw from the Purchase Contract, the Buyer has the right in accordance with the provisions of section 1829(1) of the Civil Code to withdraw from the Purchase Contract in fourteen (14) days from the acceptance of the Goods; if several types of Goods or delivery of several parts is the subject of the Purchase Contract, such time will start from the acceptance of the final delivery of the Goods. Withdrawal from the Purchase Contract must be sent to the Seller in the term given in the previous sentence. To withdraw from the Purchase Contract, the Buyer may use the sample form provided by the Seller, enclosed to the Commercial Terms and Conditions. Withdrawal from the Purchase Contract may also be sent by the Buyer to the address of the business premises of the Seller or at the electronic address of the Seller at info@tbb-bike.cz.

3. In the event of Withdrawal from the Purchase Contract according to Article WITHDRAWAL FROM THE PURCHASE CONTRACT paragraph 2 of the Commercial Terms and Conditions the Purchase Contract is cancelled from the beginning. The Goods must be returned to the Seller in fourteen (14) days from the Withdrawal from the Contract. If the Buyer withdraws from the Purchase Contract, the Buyer will bear the costs connected with the return of the Goods to the Seller, even in case the Goods cannot be returned by a usual postal way due to their nature.

4. In the event of Withdrawal from the Contract according to Article WITHDRAWAL FROM THE PURCHASE CONTRACT paragraph 2 of the Commercial Terms and Conditions the Seller will return the money received from the Buyer in fourteen (14) days from the Withdrawal from the Purchase Contract by the Buyer, in the same way as such money has been received from the Buyer. The Seller is also obliged to return the performance provided by the Buyer as early as upon the return of the Goods by the Buyer or in any other way, if the Buyer agrees with that and does not incur any other costs as a result. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received money to the Buyer before the Buyer has returned the Goods to the Seller or has demonstrated to have sent the Goods to the entrepreneur.

5. A claim for the compensation of damage caused to the Goods may unilaterally be offset by the Seller against the claim of the Buyer for the return of the purchase Price.

6. Before the Goods are accepted by the Buyer the Seller is entitled to withdraw from the Purchase Contract at any time. In such a case, the Seller will return the purchase Price to the Buyer without undue delay, by bank transfer to the account determined by the Buyer.

7. If a present is provided to the Buyer together with the Goods, the contract of donation between the Seller and the Buyer is concluded with a condition subsequent that should the Buyer withdraw from the Purchase Contract, the contract of donation shall cease to be effective in relation to such present and the Buyer is obliged to return to the Seller the present provided together with the Goods.

8. The Seller is entitled to withdraw from the purchase contract in following cases: the goods production has ended, the product price has been dramatically changed by the supplier, obvious pricing errors i.e. (the price is obviously wrong for the given type of product).

It is considered an obvious pricing error when only first three numbers are stated, instead of four - one “zero” is missing (i.e. the product price is 30% lower than it is common for this type of product) and other obvious typing errors. When this situation occurs, the buyer is obliged to contact the seller immediately for further arrangement. In case the buyer have already paid for the whole buying price (or just for a part of it) , the seller is obliged to send the exact amount of money back to the buyer’s account or to the buyer’s address within ten (10) working days, but no later than (30) days counting from the buyer’s order cancellation.

TRANSPORT AND DELIVERY OF GOODS
1. In the event the mode of transport is agreed based on a special requirement of the Buyer, the Buyer bears the risk and any additional costs connected with that mode of transport.

2. If the Seller is obliged under the Purchase Contract to deliver the Goods to a place determined by the Buyer in the Order, the Buyer is obliged to give the Seller assistance with the Delivery and accept the Goods upon the Delivery.

3. If, for reasons on the part of the Buyer, the Goods must be delivered repeatedly or in a Delivery method other than given in the Order, the Buyer is obliged to meet the costs connected with the repeated Delivery of the Goods or, to be more specific, the costs connected with the other Delivery method.

4. In the event of the refusal, non-acceptance of the ordered Goods the Seller may demand compensation of the damage so caused in the form of a cancellation fee which is payable before dispatching any other Purchase Order to the Buyer.

5. Upon the acceptance of the Goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the Goods and immediately notify the carrier if any defect is detected. If the packaging is found to be violated, indicating of an unauthorised intrusion into the consignment, the Buyer needs not accept the consignment from the carrier.

6. Other rights and obligations of the parties in the Transport of the Goods may be regulated by special delivery conditions of the Seller, if issued by the Seller.

RIGHTS FROM DEFECTIVE PERFORMANCE, LIABILITY FOR QUALITY UPON ACCEPTANCE
1. The rights and obligations of the contracting parties with respect to the Rights from Defective Performance will be governed by the applicable binding legislation (in particular by the provisions of sections 1914 to 1925, sections 2099 to 2117 and sections 2161 to 2174 of the Civil Code and by the Consumer Protection Act (Act No. 634/1992 Coll., as amended).

2. The Seller is liable to the Buyer for ensuring that the thing does not have any defect upon the acceptance thereof. The Seller is in particular liable to the Buyer for ensuring that upon the acceptance of the thing by the Buyer,

- The thing has the properties agreed by the parties and if no arrangement has been made, such properties that the Seller or manufacturer has described or that the Buyer has expected with regard to the nature of the Goods and based on the advertising for such Goods,

- The thing is fit for the purpose stated by the Seller for the use thereof or for which a thing of that type is usually used,

- The thing corresponds with its quality or design to the agreed sample or pattern if the quality or design has been determined based on an agreed sample or pattern,

- The thing is in the correct quantity, extent or weight and

- The thing meets the requirements of the applicable legal regulations.

3. If a defect is manifested in 12 months from the acceptance, the thing is deemed to have been defective already upon the acceptance thereof.

4. The Buyer is entitled to exercise the right from a defect that occurs in respect of consumer goods in twenty-four months from the acceptance.

5. The provisions of Article RIGHTS FROM DEFECTIVE PERFORMANCE, LIABILITY FOR QUALITY UPON ACCEPTANCE paragraph 4 shall not apply,

- In respect of a thing being sold at a lower price, to the defect for which the lower price has been agreed,

- To wear of the thing caused as a result of its usual use,

- In respect of a used thing, to a defect corresponding to the extent of use or wear that the thing had upon acceptance thereof by the Buyer, or

- If it arises from the nature of the thing.

6. If a thing does not have the properties stated in Article RIGHTS FROM DEFECTIVE PERFORMANCE, LIABILITY FOR QUALITY UPON ACCEPTANCE paragraph 2, the Buyer may require delivery of a new thing without defects, unless this is unreasonable with regard to the nature of the defect but if the defect only relates to a component of a thing, the Buyer may only require replacement of that component. If this is not possible, the Buyer may withdraw from the Contract. However, if this is unreasonable due to the nature of the defect, in particular if the defect may be removed without undue delay, the Buyer is entitled to free removal of the defect.

7. The Buyer will have the right to delivery of a new thing or component replacement even in case of a removable defect if the thing cannot be used properly due to repeated occurrence of a defect after repair or due to a higher number of defects. In such a case the Buyer is also entitled to withdraw from the Contract.

8. If the Buyer does not withdraw from the Contract or does not exercise the right to delivery of a new thing without defects, replacement of its component or repair of a thing, the Buyer may require a reasonable discount. The Buyer is also entitled to a reasonable discount if the Seller cannot deliver a new thing without defects, replace its component or repair the thing as well as when the Seller fails to remedy the situation in a reasonable time or if remedying the situation would cause significant difficulties to the consumer.

9. The Rights from Defective Performance are exercised by the Buyer with the Seller through the Online Claim Form or in person at the address of the establishment at Vránova 170a, Brno, 62100. Regarded as the time of the submission of a warranty claim is the moment when the Seller receives from the Buyer the claimed Goods or, as appropriate, all the requested documents. The Seller will inform in writing about the receipt of the claim and, subsequently, about execution of the repair and its duration.

10. In the event of a consumer dispute between the Seller and the consumer from the Purchase Contract or the Contract for the Provision of Services that fails to be settled by a mutual agreement, the consumer may file a proposal for out-of-court settlement of such dispute designated to the entity of out-of-court settlements of consumer disputes, which is

Czech Trade Inspection Authority

Central Inspectorate – ADR Department

Štěpánská 15

120 00 Prague 2

Email: adr@coi.cz

Web: adr.coi.cz

Email of the Seller for communication in resolving the dispute: info@tbb-bike.cz

The consumer may also use the online dispute solution platform, established by the European Commission, at ec.europa.eu/ consumers/odr

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
1. The Buyer acquires the title to the Goods upon the Payment of the full Purchase Price of the Goods.

2. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of the provisions of section 1826(1)(e) of the Civil Code.

3. Out-of-court settlement of consumer claims is provided by the Seller through the electronic address info@tbb-bike.cz. The information on settlement of the claim of the Buyer will be sent by the Seller to the Electronic Address of the Buyer.

4. The Seller is authorized to sell the Goods on the basis of a trade licence. The performance of trade inspections is within the competence of the respective Trade Licensing Office. The supervision over the area of protection of personal data is carried out by the Office for Personal Data Protection. Among other things, the Czech Trade Inspection Authority performs to the specified extent the supervision over the compliance with Act No. 634/1992 Coll. on Consumer Protection, as amended.

5. The Buyer hereby assumes the risk of a change in circumstances within under the provisions of section 1765(2) of the Civil Code.

PERSONAL DATA PROTECTION PRINCIPLES
1. When protecting the personal data of the Buyer, who is a natural person, the Seller proceeds with all due care in compliance with the following legal regulations: Act no. 563/1991 Coll., on Accountancy, as amended by later regulations, Act no. 89/2012 Coll., Civil Code, Act no. 634/1992 Coll., on Consumer Protection, Regulation of the European Parliament and of the Council no. 2016/679, or possibly in compliance with other legal regulations. The Seller becomes the Controller of the said personal data.

2. The Controller of the personal data is TBB-BIKE s.r.o. with the registered office at Brno, Vránova 2271/170a, 62100, IČO: 178 52 064, registered in the Business Register, maintained by the Regional Court in Brno, section C, insert 131821", Phone: +420 608 884 669, e-mail: info@tbb-bike.cz.

3. Upon the signature of the Purchase Contract (placement of a Purchase Order) or upon the voluntary creation of the User Account (registration) the Seller obtains for processing purposes some personal data of the Buyer, including the first name and surname, delivery address, electronic mail delivery address, phone number, company id no. and tax id no. (hereinafter collectively as “personal data”).

4. The Buyer acknowledges that it has the obligation to state these personal data (during registration in the User Account and placement of Purchase Orders via the Shop Web Interface) correctly and truly. Responsible for the accuracy and veracity of the provided Personal Data is the Buyer. The Seller shall not be liable for the correctness of the provided personal data.

5.The personal data shall be retained by the Controller for the time of validity of the User Account.However, not less than a period of 2 years necessary for the fulfilment of the obligations from the Purchase Contract, starting with the end of the accounting period in which the contractual relationship has ended.The personal data shall continue to be retained in invoices for another 10 years starting with the end of the accounting period in which the contractual relationship has ended.This is necessary especially with respect to the requirements of Act on VAT no. 235/2004.

6. The Controller agrees not to disclose the Personal Data to any third person. With the exception is the partner companies (personal data processor) specified below which provide the Controller on the basis of an agreement with certain services connected with the performance of the Purchase Contract or the increase of the quality of the services. The personal data processors shall handle the personal data in compliance with the Regulation of the European Parliament and of the Council EU no. 2016/679.

PURPOSE OF PERSONAL DATA PROCESSING
1. The personal data shall be processed electronically by automated means and are secured against misuse or theft in compliance with the regulation of the European Parliament and of the Council EU no. 2016/679. The personal data or any part thereof are processed for the following purposes:

2. Exercise of the rights and obligation from the Purchase Contract or User Account management purposes. If these data are not provided, the contractual relationship may not be implemented. The provision of these personal data is a statutory requirement.

3. Delivery of Goods. The data are provided electronically to the partner carrier. Processed are Personal Data to the extent of First Name and Surname, Delivery Address, E-mail Address, Phone Number.

4. Performance of a statutory obligation (in particular accountancy, tax and archiving obligation, giving assistance to administrative bodies, the police, courts etc.) Processed are Personal Data to the extent of First Name and Surname, Delivery Address, E-mail Address, Phone Number.

5. Integrity, sustainability and updating of Seller’s sale and accountancy systems. The data are disclosed to the partner IT management company. Processed are Personal Data to the extent of First Name and Surname, Delivery Address, E-mail Address, Phone Number.

6. Marketing promotion of Seller’s goods and services. Processed is the address for the delivery of electronic mail. The provision of personal data for this purpose is made conditional upon a special consent by the Buyer who may give such consent by checking the relevant checkbox before placing an order or before registration. Without the Buyer’s consent the Seller shall not send any advertisements to the address.

7. The Buyer agrees with the processing of the personal data by the Seller for the purposes of the exercise of the rights and obligations from the purchase contract and for the purposes of the management of the User Account. Unless the Buyer chooses otherwise, he/she consents to the processing of personal data by the Seller also for the purposes of sending information and commercial communications. The consent for the processing of the Personal Data to the extent of this Article is not a condition which in itself precludes the signature of the Purchase Contract.

8. The Data Controller does not transfer the data to any entities outside the EU.

9. If the Buyer has permitted cookies in his/her internet browser, the controller uses the information contained in the cookies for, among others, the following purposes:

- analysis of user behaviour at the Seller’s website so that the Seller may continually improve, perfect and adjust its services to suit customer needs
- analysis of certain sale and marketing on-line channels
- personalization and effective targeting of on-line advertisements also through other web sites

Each internet browser contains settings for the use of cookie files.Mostly these browsers are set for automatic acceptance of cookies.This can of course be changed.Or you may adjust the settings to allow a certain type of cookies only.More information on the cookies settings of your web browser you can find on the internet upon entering the key words: cookies, browser, settings.

RIGHTS RELATED TO THE PROCESSING OF PERSONAL DATA
1. In compliance with the regulation of the European Parliament and of the Council EU no. 2016/679 the Buyer may demand from the Controller

- access to his/her personal data
- rectification of personal data
- deletion of personal data
- limitation of personal data processing
- right to data portability

2. The Buyer has the right to demand the deletion of the personal data and the Controller shall do so unless there is an obstacle in the form of unsettled claims, an open possibility to file complaints, or some other provable interest of the Controller.

3. The Buyer may submit the application to the above-specified Personal Data Controller by electronic means to info@tbb-bike.cz or in writing to Vránova 170a, 62100, Brno.The Controller has the right to verify the identity of the applicant.The Controller shall provide the Buyer with information on the adopted measures within no later than 30 days from the receipt of the demand.

4. The Buyer also has the right to file a complaint with the supervisory office which is the Office for Personal Data Protection.

FINAL PROVISIONS
1. If the relationship related to the use of the Website or the legal relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship will be governed by Czech law. This is without prejudice to the consumer rights arising from the generally applicable legislation.

2. If any provision of the Commercial Terms and Conditions is or becomes invalid or ineffective, such invalid provision will be replaced by a provision, the purpose of which comes as close to the invalid provision as possible. The invalidity or inefficiency of one provision does not affect the validity of the remaining provisions. Any change or amendment to the Purchase Contract or the Commercial Terms and Conditions requires a written form.

3. The Purchase Contract, including the Commercial Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

4. A sample form for the withdrawal from the Purchase Contract is enclosed to the Commercial Terms and Conditions.

5. Contact details of the Seller, postal address: TBB-BIKE s.r.o., Vránova 170a, 621 00 Brno, electronic address: info@tbb-bike.cz, phone +420 608 884 669, person responsible: Alexandr Rovný.

The Commercial Terms and Conditions are valid from 24 May 2018 until a new edition is released.