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Business terms and conditions

PRELIMINARY PROVISIONS
 
1. These Commercial Terms and Conditions (hereinafter referred to as the "Commercial Terms and Conditions") of the commercial company "Alexandr Rovný", with the place of business at Brno, Oranžová 8, company registration number 65284038, tax identification 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 laws of the Czech Republic, in particular with the provisions of section 1751 subsection 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 a 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 will 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 concluded in Czech.
 
5. The wording of the Commercial Terms and Conditions may be changed or amended by the Seller. This provision will not affect the rights and obligations arisen throughout the effect of the previous wording 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. The Buyer may place orders for goods from his/her user interface (hereinafter referred to as the "User Account"). If the Shop Web Interface allows, the Buyer may also place orders for goods without registration, directly from the Shop Web Interface.
 
2. In the registration on the Website and when ordering goods the Buyer is obliged give all details accurately and truly. The Buyer is obliged to update the details given in the User Account whenever there is a change in such details. The details given by the Buyer in the User Account and when ordering goods are considered accurate by the Seller.
 
3. The access to the User Account is secured by the user name and password. The Buyer is obliged to maintain confidentiality in respect of the information necessary to access his/her User Account. 
 
4. The Buyer is not entitled to allow the use of the User Account to third persons.
 
5. The Seller may cancel the User Account, in particular when the Buyer has not used his/her User Account for more than 24 months or when the Buyer breaches his/her obligations from the Purchase Contract (including the Commercial Terms and Conditions).
 
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 hardware and software of the Seller 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 subsection 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 of 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. The information on the costs connected with the packaging and delivery of the goods given in the Shop Web Interface only applies when the goods are delivered within the territory of the Czech Republic.
 
4. To order goods, the Buyer will complete the order form in the Shop Web Interface. The order form includes in particular information on the following:
 
 - Goods being ordered (goods being ordered are "put" by the Buyer to the electronic shopping cart of the Shop Web Interface)
 
 - 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 referred to 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 of 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 of the Order) that is sent by the Seller to the Buyer electronically at 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 any costs connected with the delivery of the Goods under the Purchase may be paid by the Buyer to the Seller as follows:
 
 - In cash in the business premises of the Seller at TBB-BIKE, Vránova 170a, 621 00 Brno.

- With a credit card via the secured payement gateway GPE.
 
2. Together with the purchase Price the Buyer is further obliged to pay to the Seller the costs connected with the packaging and delivery of the Goods in the agreed amount. Unless expressly provided otherwise, the purchase Price will also mean the costs connected with the delivery of the Goods. The buyer is obligated to reimburse the bank charges at the amount of 2,5% of a final price.

3. The Seller does not require any advance or any similar Payment from the Buyer. This does not affect the provisions of the Article PRICE OF GOODS AND TERMS OF PAYMENT paragraph 6 and paragraph 1 (cashless payment) of the Commercial Terms and Conditions regarding the obligation to pay the purchase Price of the Goods in advance.
 
4. In the event of Payment in cash or Payment as cash on delivery the purchase Price will be payable upon the acceptance of the Goods. In the event of cashless payment the purchase Price will be payable in 7 days from the Conclusion of the Purchase Contract.
 
5. In the event of cashless Payment the Buyer is obliged to give the reference – Order number when paying the purchase Price of the Goods. In the event of cashless Payment the obligation of the Buyer to pay the purchase Price is met upon the allocation of the respective amount to the Account of the Seller.
 
6. The Seller is entitled, in particular if the Buyer does not additionally confirm the Order (Article CONCLUSION OF THE PURCHASE CONTRACT paragraph 6) or, as appropriate, in the event of a prior breach of the conditions (a failure to collect the Order), to request Payment of the full purchase Price before sending the Goods to the Buyer.
 
7. Discounts from the Price of Goods provided by the Seller to the Buyer cannot be combined. Discounts are detailed in the Loyalty Programme of the Seller that reserves the right to make changes in it.
 
8. The Seller will issue a tax document – invoice or, as appropriate, simplified tax document to the Buyer for the Payments made under the Purchase Contract. The Seller is the value added tax payer. The tax document – invoice is delivered to the Buyer after the Payment of the Price of the Goods, i.e. the Seller will send the invoice together with the Goods or provide the invoice upon personal acceptance of the Goods. 
 
9. The Price of Goods upon placing the Order is relevant for the determination of the purchase Price. 
 
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 adjusted according to the wishes of the Buyer or for his/her person. 
 
2. Unless a case referred to in Article WITHDRAWAL FROM THE PURCHASE CONTRACT paragraph 1 or any other case when it is not possible to withdraw from the Purchase Contract is concerned, the Buyer has the right in accordance with the provisions of section 1829 subsection  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(zav)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 businessman.
 
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, 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 (f.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 accept the Goods upon the Delivery thereof.
 
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. Upon the acceptance of the Goods from the carrier, the Buyer is oblige 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.
 
5. 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 the 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 six 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 will 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 of 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 to him/her 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 business premises at TBB-BIKE, Vránova 170a, 621 00 Brno. The moment the Seller receives the claimed Goods or, as appropriate, all the requested documents from the Buyer is deemed the moment of lodging a claim. 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 COTNRACTING PARTIES
 
1. The Buyer will acquire the title to the Goods by 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 subsection 1 paragraph e) of the Civil Code.
 
3. Out-of-court settlement of consumer claims is provided by the Seller through the electronic address alex(zav)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 entitled to the sale of the Goods under a trade licence. A trade inspection is carried out by the respective Trade Licence Office as part of its powers. The supervision over the area of protection of personal data is provided by the Office for Personal Data Protection. The Czech Trade Inspection Authority provides supervision to the specified extent over the compliance with Act No. 634/1992 Coll. on consumer protection, as amended, among other things.
 
5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of the provisions of section 1765 subsection 2 of the Civil Code.
 
PERSONAL DATA PROTECTION AND SENDING COMMERCIAL NOTICES
 
1. Protection of Personal Data of the Buyer who is a natural person is provided by Act No. 101/2000 Coll. on personal data protection, as amended. 
 
2. The Buyer agrees with the processing of his/her Personal Data: name and surname, address, identification number, electronic address, phone number (hereinafter collectively referred to as the "Personal Data").
 
3. The Buyer agrees with the processing of the Personal Data by the Seller for the purpose of exercise of the rights and obligations from the Purchase Contract and for the purpose of keeping the User Account. If the Buyer does not choose any other option, he/she also agrees with the processing of the Personal Data by the Seller for the purpose of sending information and commercial notices to the Buyer. The consent to the processing of the Personal Data to the full extent under this Article is not a condition that would in itself make the Conclusion of the Purchase Contract impossible.
 
4. The Buyer acknowledges to be obliged to give his/her Personal Data (in the registration, his/her User Account, when placing an Order from the Shop Web Interface) accurately and truly and to be obliged to notify the Seller of any change in his/her Personal Data without undue delay.
 
5. The Seller may authorise a third person to process the Personal Data as the processor. Except for the entities below, the Seller will not provide the Personal Data to any third person without the prior consent of the Buyer:
 
 - Carrier (General Logistics Systems Czech Republic s.r.o.) – Data are provided for the purpose of Delivery of the Goods (name, surname, address, email, phone)
  - System administrator (Netshops - Václav Cehlárik) – complete Data
 
6. Personal Data will be processed for an indefinite period. Personal Data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
 
7. The Buyer confirms that the Personal Data provided are accurate and to have been notified that the provision of the Personal Data is voluntary. The Buyer may edit the Data provided by logging into his/her profile in the Web Interface. The Buyer may also ask for the deletion of the Data provided at the following email: alex(zav)tbb-bike.cz.
 
8. In the event the Buyer believes that the Seller or the processor (Article PERSONAL DATA PROTECTION paragraph 5) processes his/her Personal Data in conflict with the protection of private and personal life of the Buyer or in conflict with the law, in particular if the Personal Data are inaccurate with regard to the purpose of their processing, the Buyer may:
 
 - Ask the Seller or the processor for explanation.
 
 - Require that the Seller or the processor rectifies the arisen situation.
 
9. If the Buyer ask for information on the processing of his/her Personal Data, the Seller is obliged to give him/her that information. The Seller has the right to require a reasonable payment for the provision of the information according to the previous sentence; the payment will not exceed the costs necessary to provide the information.
 
DELIVERY AND SAVING COOKIES
 
1. The Buyer may receive deliveries at the address of the electronic mail given in his/her User Account or given by the Buyer in the Order.
 
2. The Buyer agrees with the saving of the so-called cookies on his/her PC. If a purchase can be made on the Website and the obligations of the Seller from the Purchase Contract can be fulfilled without the so-called cookies being saved on the PC of the Buyer, the Buyer may withhold his/her consent according to the previous sentence at any time.
 
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 the Czech laws. 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, Vránova 170a, 621 00, Brno, electronic address: info(add)tbb-bike.cz, phone +420 608 884 669, person responsible: Alexandr Rovný.
 
The Commercial Terms and Conditions are valid from 1 January 2014 until a new edition is released.

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