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General terms and conditions

1 Basic provision

1.1 These General Terms and Conditions (hereinafter referred to as the "Terms of Business") govern the relations between the parties to the purchase contract concluded between AGE COM, as, with registered office at Václavské náměstí 808/66, Nové Město, 110 00 Praha 1, ID: 271 25 556, at the Municipal Court in Prague, Section B, Insert 9164, as seller and buyer. Buyer is any natural or legal person who has entered into a sales contract with the seller under these terms and conditions.
1.2 Contact details of the seller are as follows:
• email: office@smartvelocity.info 
• telephone: +420 721 644 958
• website: www.smartvelocity.info 
1.3 The Purchase Agreement is concluded through the Seller's Online Store at the internet address http://www.smartvelocity.info/shop.
1.4 These Terms and Conditions are part of the Purchase Agreement and govern the rights and obligations of the parties to the Purchase Agreement, unless expressly agreed otherwise between the parties. Distinctive arrangements in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.

2 Product and price information

2.1 Information on the goods, including the prices of the individual goods and their main features are listed in the online store catalogue. Goods prices are in Euro (€) inclusive of value added tax, all associated fees and the cost of returning goods if these goods cannot by their nature be returned by normal mail. Product prices remain valid for as long as they are displayed in the online store.
2.2 All presentations of the goods placed in the internet shop catalogue are informative and the seller is not obliged to conclude a purchase contract for these goods.
2.3 Information on the costs associated with packing and delivery of goods are published in the online store. Information on the costs associated with the packing and delivery of goods in the online shop are valid only in cases where the goods are delivered within the territory of the European Union.
2.4 Any discounts on the purchase price of the goods cannot be combined together, unless the seller and the buyer otherwise agree.

3 Order and conclusion of the purchase contract

3.1 Costs incurred by the buyer when using distance means of communication in connection with the conclusion of a purchase contract (costs of internet connection, etc.) shall be borne by the buyer himself/herself.
3.2 The buyer performs the order through his user account if he or she has previously registered in the online store or by completing the order form without registering.
3.3 Before ordering the SVBike, through the configurator available on the seller's website the buyer chooses the required features, number of items, payment method and way of transport. Before ordering consumer goods, the buyer selects the type of goods, the number of items, the method of payment and the way of transportation.
3.4 Consumable goods means, for the purposes of these Business Terms and Conditions, clothing, accessories and other goods sold through an online store which is not an SVBike.
3.5 Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking on the button to buy. The condition of the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has become acquainted with these terms and conditions.
3.6 Immediately upon receipt of the order, the seller will send the buyer an acknowledgment of receipt of the order to the email address the buyer entered upon ordering. This acknowledgment is automatic and is not considered to be a contract. Attachment of the acknowledgment is the current business terms of the seller and the claim rules. The purchase contract is closed only after the order has been received by the seller. Notification of receipt of the order is delivered to the buyer's email address.
3.7 All orders accepted by the seller are binding. The buyer may cancel the order until the buyer receives a notice of acceptance of the order by the seller. The buyer can cancel the order by phone or via the vendor email specified in these terms and conditions.
3.8 In the event of an obvious technical error on the part of the seller when the price of the goods is placed in the online store or during the ordering, the seller is not obliged to deliver the goods to the buyer at such a manifestly erroneous price, even if the buyer has received an automatic receipt of the order according to these terms and conditions. The seller will inform the buyer of the error without undue delay and will send the buyer a modified offer to his / her email address. The revised bid is considered as a new draft Purchase Agreement, and the Purchase Agreement is then entered into by a Buyer Acceptance Receipt at the seller's email address.
3.9 Seller further informs the Buyer that:
• the purchase contract can be concluded in Czech, English or German;
• Seller's confirmation of receipt of buyer's order will be sent to the buyer via email;
• the seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826 (1) e) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code").

4 Purchase price and payment terms

4.1 The purchase price of the goods is the sum of the individual prices of the goods specified in the order. The purchase price includes value added tax as determined by the applicable law. The price will be added to the purchase price if necessary, according to the chosen delivery method.
4.2 The buyer undertakes to pay the purchase price within seven (7) days from the conclusion of the purchase contract and the dispatch of the relevant tax document to the buyer's email address stated in the order. If the buyer fails to pay the purchase price within the time limit specified in the previous sentence, the purchase contract expires.
4.3 The buyer will pay the purchase price either by cashless transfer to the seller's account specified in the invoice issued by the seller and sent to the buyer's email address in the order or by the VISA or MASTERCARD card via the online payment gateway. In the case of payment through a payment gateway, the buyer proceeds according to the instructions of the respective electronic payment provider. The buyer's obligation to pay the purchase price is met when the relevant amount is credited to the seller's bank account.
4.4 According to Act No. 112/2016 on sales records, as amended, the seller is obliged to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

5 Acquisition of ownership and transfer of risk of damage to goods

5.1 The buyer acquires ownership of an SVBike or consumer goods by handing the goods to the buyer after payment of the full purchase price.
5.2 Danger of damage to goods passes to the buyer at the moment of delivery of the goods to the buyer or, in the event that the buyer does not accept the goods, the moment the seller allows him to dispose of the goods.
5.3 The buyer will, as far as possible, inspect the property as soon as possible after the risk of damage to the item has passed, and convinced of its properties and quantity.

6 User account

6.1 Based on buyer registration made in the online store, buyers can access their user account. From their user account, buyers can order goods. Registration is not a condition for ordering goods; the buyer is entitled to order the goods also without registration.
6.2 When registering to a user account and ordering goods, the buyer is obligated to provide all data correctly and accurately. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
6.3 Access to the user account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his / her user account. The seller is not responsible for any misuse of the user account by third parties.
6.4 The buyer is not authorised to allow the use of the user account to third parties.
6.5 The seller may cancel the user account, especially if the buyer does not use his user account or if the buyer violates his obligations under the purchase contract.
6.6 The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller, maintenance of hardware and software of third parties.

7 Withdrawal from the contract

7.1 With regard to the nature of the goods supplied, neither party is entitled to withdraw from the contract of sale, terminate it, terminate it unilaterally for reasons other than legitimate reasons or for reasons expressly stated in these terms of business or in the sales contract, and the parties expressly exclude application of Sections 1977 to 1979, 1999, 2000, 2002 and 2003 of the Civil Code.
7.2 The consumer is also entitled to withdraw from the contract under the conditions set forth in Article 8 of these Terms and Conditions. Consumers means any person who, outside the scope of his / her business or outside the scope of the independent exercise of his / her profession, concludes an agreement with or deals with the entrepreneur.

8 Withdrawal from a contract with a consumer

8.1 The provisions of this Article apply only if the buyer is a consumer.
8.2 The consumer acknowledges that, according to the provisions of Section 1837 of the Civil Code, the following cannot be withdrawn from:
a) contracts for the supply of goods which have been adjusted according to the wishes of the consumer, or
b) contracts for the supply of goods in sealed packaging which the consumer has removed from the packaging and cannot be returned for hygienic reasons.
Customising or adjusting according to the consumer's wish means choosing the colour of the frame or individual components of the SVBike (tires, handlebars, saddles, etc.) as well as selecting the SVBike (sport saddle) components according to the configurator placed on the website. Buyer notes that after ordering and paying the full purchase price, the seller will make the SVBike tailored to the purchaser's preferences. According to this article, therefore, it is not possible to withdraw from the contract for the reason that the object of the purchase is SVBike.
8.3 In the case where the purchase contract cannot be withdrawn, the consumer has the right to withdraw from the contract in accordance with Section 1829 (1) of the Civil Code within 14 (fourteen) days from the date of receipt of the goods without giving any reason. If there are several types of goods or the delivery of several parts of the goods, the consumer is entitled to withdraw within fourteen (14) days from the date of the last delivery of the goods. Withdrawal from the sales contract must be dispatched to the seller within the above deadline. In order to withdraw from the sales contract, the consumer may use the model form provided by the seller, which forms an annex to these terms and conditions and which is available here. Withdrawal from the sales contract will be sent by the buyer to the seller's email address or mailing address specified in these terms and conditions. The seller shall immediately acknowledge receipt of the withdrawal from the purchase contract to the buyer.
8.4 In the case of withdrawal from the Purchase Agreement under Article 8.3 of the Business Terms, the Purchase Agreement is abolished from the outset. Goods must be returned to the Seller within fourteen (14) days of withdrawal from the Purchase Agreement. If the consumer withdraws from the purchase contract, the consumer bears the cost of returning the goods to the seller, even if the goods cannot be returned by their normal postal route.
8.5 In the event of withdrawal from the purchase contract, the seller shall return the funds received from the consumer within fourteen (14) days of withdrawal from the purchase contract to the consumer in the same manner as the seller has accepted it from the consumer. The seller is also entitled to reimburse the goods provided by the consumer when the goods are returned to the consumer or otherwise, provided the consumer agrees and does not incur additional costs to the consumer. If the consumer withdraws from the purchase contract, the seller is not obliged to return the received funds to the consumer before the consumer returns the goods or shows that the goods have been dispatched to the seller.
8.6 The seller is entitled to indemnify unilaterally against the consumer's claim for a refund of the purchase price.

9 Transport and delivery of the SVBike

9.1 Seller provides or mediates the following ways of delivering the SVBike:
• The seller will deliver the SVBike to the buyer at the address given in the order, provided that the delivery address is located in listed countries: Austria, Czech Republic, Denmark, Germany, Hungary, Poland, Slovakia, Switzerland.

• If the delivery address is located in a country which is not listed above, the seller will provide the buyer at his request with the contact details of the international carrier. The Buyer acknowledges that the International Carrier is not a contractual partner, agent or other assistant to the seller, and that the seller is not responsible for the conduct of such a carrier. Paragraphs 1935 and 2914 of the Civil Code do not apply; or
• Buyer will take the SVBike at his own expense and danger in Prague at the address specified by the buyer or in Zlín at the address specified by the buyer (the "Takeover Place").
9.2 The particular delivery method is chosen by the buyer during the ordering of the goods. If purchasers, together with the SVBike, order the consumer goods in one order, the consumer goods will be delivered to the buyer together with the SVBike.
9.3 The seller undertakes to deliver, or rather to allow the purchaser to take over the SVBike within twenty (20) business days of payment of the full purchase price.

10 Transportation and delivery of consumer goods

10.1 The seller secures or mediates the following ways of delivering consumer goods:
• via the postal or shipping service provider to the address specified by the buyer in the order for a fee of 22 €, or
• personal pick up at the centre or at the take-over point.
10.2 The particular delivery method is chosen by the buyer during the ordering of the goods.
10.3 The seller will fulfil his or her obligation to deliver the goods by handing the goods to the buyer at the address specified in the order or passing the goods to the carrier for shipment to the address indicated by the buyer in the order.
10.4 In the event that a special mode of transport is agreed upon by a buyer's special request, the buyer bears the risk associated with it and any additional costs associated with this mode of transport.
10.5 The buyer is obliged to accept the goods at the address given in the order upon delivery. If the buyer does not take the goods at the address specified in the order, the seller is not in default with the delivery of the goods and the buyer bears the costs associated with the possible repeated delivery of the goods.
10.6 Upon receipt of the goods, the buyer is required to check the integrity of the packaging of the goods and, in the event of any defect, immediately notify the carrier of these defects. In the event of a violation of the package indicating unauthorised entry into the consignment, Buyer does not need to take over the consignment from the carrier.

11 Rights from defective performance

11.1 The seller is responsible to the buyer for the goods to be free from defects. The matter is defective if it does not have the agreed properties. A defect is considered to be another matter or a defect in the documents necessary for the use of the thing. 
11.2 When claiming, the buyer submits to the seller a cash receipt or other similar accounting document from which it is clear that the goods were purchased from the seller.
11.3 If the seller is unable to deliver a new thing after a legitimate claim to the buyer due to its unavailability (the seller notifies the buyer that the new thing is not on stock), he is entitled to withdraw from the purchase contract and return the purchase price to the buyer.
11.4 If the goods are sent to the buyer via a postal service provider or other forwarder and the case is manifestly defective, the buyer is required to file a claim by writing a report on the damage to the delivered consignment at the time of receipt from such a courier or to refuse to accept the damaged item, claiming a claim to the seller for the above reason.
11.5 The right of defective performance of the buyer does not belong if the buyer knew before the takeover of the thing that the thing was defective or if the buyer caused the defect himself or herself.
11.6 Other rights and obligations of the parties relating to the seller's liability for defects and quality assurance are governed by the Complaint Rules available here and the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

12 Correspondence

12.1 The contracting parties may deliver all correspondence in writing via electronic mail.
12.2 Buyer delivers the correspondence to the seller at the email address specified in these terms and conditions. Seller sends the correspondence to the buyer at the email address listed in his or her user account or in the order.

13 Out-of-court settlement of consumer disputes

13.1 The subject of out-of-court settlement of consumer disputes is the Czech Trade Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, or another body authorised by the Ministry of Industry and Trade.
13.2 Further information on out-of-court settlement of consumer disputes before the Czech Trade Inspection, including the possibility of submitting a petition for opening an out-of-court settlement of consumer disputes, is available on the website https://www.coi.cz/informace-o-adr/.
13.3 European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet website: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution on - line).

14 Final Provisions

14.1 These Terms and Conditions are issued pursuant to Section 1751 et seq. civil code. The Purchase Contract and its relations are governed by Czech law, in particular the Civil Code.
14.2 The Parties declare that they take on the risk of changing circumstances and that any change in circumstances does not create the right of any party to enforce any related claims; the parties explicitly exclude the application of Sections 1765 (1), 1766 and 2000 of the Civil Code. 
14.3 If the party is in default with the repayment of the cash debt under the purchase contract, then such party as the debtor is obliged to pay the other party as the lender interest on the amount owed, unless it is not responsible for the delay. Interest on late payment is maturing and is payable every day without the creditor's call. The creditor is entitled to full compensation for damages resulting from non-payment of the monetary debt, irrespective of whether default interest is covered or not.
14.4 If the purchase contract is not concluded with the consumer, the parties explicitly exclude the application of the provisions of Articles 2158 to 2174 of the Civil Code.
14.5 Commercial practices, either general or in a given industry, are not taken into account.
14.6 The seller is authorised to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, amongst others, the supervision of compliance with the Consumer Protection Act No. 634/1992 Coll., as amended.
14.7 The wording of the business terms and conditions is authorised by the seller to change or replenish. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

These Terms and Conditions become effective on August 1, 2018 

Notification of withdrawal

notification of withdrawal.docx [13.47 kB]