I. General Provisions

1. These General Terms and Conditions (the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”).

wonderFULL bikes s.r.o.

Company ID: 09771247

VAT ID: CZ09771247

with registered office at Na Harfě 337/3, Vysočany (Prague 9), 190 00 Prague,

registered with the Municipal Court in Prague, Section C, Insert 342288.

Contact details:

email: info@wonderfullbikes.cz

telephone: +420 724 685 238

website (the “Seller”).

2. These Terms and Conditions govern the mutual rights and obligations of the Seller and the natural person who enters into a purchase agreement outside the scope of their business activity as a consumer, or within the scope of their business activity (the “Buyer”), through the web interface located on the website available at eshop.wonderfullbikes.cz (the “Online Store”).

3. The provisions of these Terms and Conditions form an integral part of the purchase agreement. Any provisions differing from these Terms and Conditions in the purchase agreement shall prevail.

4. These Terms and Conditions and the purchase agreement are concluded in the Czech language.

II. Information About Goods and Prices

1. Information about the goods, including the price of each item and its main characteristics, is provided for each item in the Online Store catalogue. The prices of the goods include value added tax, all related charges, and the cost of returning the goods if, due to their nature, the goods cannot be returned by the ordinary postal route. The prices remain valid for as long as they are displayed in the Online Store. This provision does not exclude the conclusion of a purchase agreement on individually agreed terms.

2. All presentations of goods in the Online Store catalogue are for informational purposes only, and the Seller is not obliged to conclude a purchase agreement in respect of such goods.

3. Information about packaging and delivery costs is published in the Online Store. The packaging and delivery costs stated in the Online Store apply only where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the purchase price of the goods may not be combined unless the Seller and the Buyer agree otherwise.

III. Order and Conclusion of the Purchase Agreement

1. Costs incurred by the Buyer in using means of distance communication in connection with the conclusion of the purchase agreement (internet connection costs, telephone call costs) shall be borne by the Buyer. These costs do not differ from the basic rate.

2. The Buyer may place an order in the following ways:

- through the Buyer’s customer account, if the Buyer has previously registered in the Online Store;
- by completing the order form without registration.

3. When placing an order, the Buyer selects the goods, the number of items, the method of payment, and the method of delivery.

4. Before submitting the order, the Buyer is given the opportunity to review and change the data entered in the order. The Buyer submits the order to the Seller by clicking the relevant button. The data stated in the order shall be deemed correct by the Seller. A condition for the validity of the order is the completion of all mandatory data in the order form and the Buyer’s confirmation that they have read these Terms and Conditions.

5. Immediately after receipt of the order, the Seller shall send the Buyer confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation is automatic and does not constitute the conclusion of a contract. The confirmation includes the Seller’s current Terms and Conditions. The purchase agreement is concluded only upon acceptance of the order by the Seller. Notice of acceptance of the order shall be delivered to the Buyer’s email address. / Immediately after receipt of the order, the Seller shall send the Buyer confirmation of receipt of the order to the email address provided by the Buyer when placing the order. This confirmation shall be deemed the conclusion of the contract. The confirmation includes the Seller’s current Terms and Conditions. The purchase agreement is concluded by the Seller confirming the order to the Buyer’s email address.

6. If the Seller cannot fulfill any of the requirements stated in the order, the Seller shall send the Buyer a modified offer to the Buyer’s email address. The modified offer shall be deemed a new proposal for a purchase agreement, and in such case the purchase agreement is concluded upon the Buyer’s confirmation of acceptance of this offer to the Seller at the email address stated in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer receives notice of acceptance of the order by the Seller. The Buyer may cancel the order by telephone using the phone number or email address of the Seller stated in these Terms and Conditions.

8. If there is a manifest technical error on the part of the Seller in stating the price of the goods in the Online Store, or during the ordering process, the Seller shall not be obliged to deliver the goods to the Buyer at such manifestly incorrect price, even if the Buyer has received an automatic confirmation of receipt of the order under these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and send the Buyer a modified offer to the email address provided. The modified offer shall be deemed a new proposal for a purchase agreement, and in such case the purchase agreement is concluded upon the Buyer’s confirmation of acceptance sent to the Seller’s email address.

IV. Customer Account

1. Based on registration by the Buyer in the Online Store, the Buyer may access a customer account. Through the customer account, the Buyer may place orders for goods. The Buyer may also place orders without registration.

2. When registering a customer account and when ordering goods, the Buyer shall provide all information accurately and truthfully. The Buyer shall update the information in the user account whenever it changes. The information provided by the Buyer in the customer account and when ordering goods shall be deemed correct by the Seller.

3. Access to the customer account is secured by a username and password. The Buyer shall keep confidential the information necessary to access the customer account. The Seller shall not be liable for any misuse of the customer account by third parties.

4. The Buyer is not entitled to allow third parties to use the customer account.

V. Withdrawal from the Purchase Agreement

1. The Buyer may withdraw from the purchase agreement within 14 days without giving any reason, unless otherwise provided by law.

2. To withdraw from the purchase agreement, the Buyer may use the model withdrawal form provided by the Seller. The Buyer shall send the withdrawal notice to the Seller’s email address or delivery address stated in these Terms and Conditions. The Seller shall confirm receipt of the withdrawal form to the Buyer without undue delay.

3. A Buyer who withdraws from the agreement shall return the goods to the Seller within 14 days of withdrawal. The Buyer shall bear the costs associated with returning the goods, even if the goods cannot be returned by ordinary postal means due to their nature.

4. If the Buyer withdraws from the agreement, the Seller shall refund all payments received from the Buyer, including delivery costs, without undue delay and no later than 14 days from withdrawal, using the same method of payment. The Seller shall refund the received funds by another method only if the Buyer agrees and no additional costs are incurred by the Buyer.

5. If the Buyer chose a method of delivery other than the cheapest method offered by the Seller, the Seller shall refund the Buyer only up to the amount corresponding to the cheapest offered method of delivery.

6. If the Buyer withdraws from the purchase agreement, the Seller shall not be obliged to refund the received funds before the Buyer hands over the goods or proves that the goods have been sent back to the Seller.

7. The goods must be returned to the Seller undamaged, unused, and unsoiled, and, if possible, in the original packaging. The Seller shall be entitled to set off any claim for damages caused to the goods against the Buyer’s claim for reimbursement of the purchase price.

8. The Seller shall be entitled to withdraw from the purchase agreement due to stock depletion, unavailability of goods, or where the manufacturer, importer, or supplier has discontinued the production or import of the goods. The Seller shall inform the Buyer without undue delay via the email address stated in the order and shall refund all payments received under the agreement, including delivery costs, within 14 days of notifying withdrawal from the agreement, using the same method of payment or a method chosen by the Buyer.

 VI. Withdrawal from the Contract

1. A Buyer who has entered into a purchase agreement outside the scope of their business activity as a consumer shall have the right to withdraw from the purchase agreement.

2. The withdrawal period is 14 days:

- from the date of receipt of the goods;
- from the date of receipt of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts;
- from the date of receipt of the first delivery of goods, if the subject of the contract is regular recurring delivery of goods.

3. The Buyer may not withdraw from the purchase agreement, among other cases, in respect of:

- the provision of services, if they have been performed with the Buyer’s prior express consent before the expiry of the withdrawal period and the Seller informed the Buyer before conclusion of the contract that in such case the Buyer does not have the right to withdraw from the contract;
- the supply of goods or services whose price depends on fluctuations in the financial market independent of the Seller’s will and which may occur during the withdrawal period;
- the supply of alcoholic beverages, the price of which depends on fluctuations in the financial market independent of the Seller’s will, where delivery can occur only after the expiry of thirty days;
- the supply of goods made to the Buyer’s specifications or clearly personalised;
- the supply of goods liable to rapid deterioration, as well as goods which, after delivery, have been irreversibly mixed with other goods;
- the supply of sealed goods which the Buyer has removed from the seal and which cannot be returned for hygiene reasons;
- the supply of audio or video recordings or computer software if the original packaging has been broken;
- the supply of newspapers, periodicals or magazines;
- the supply of digital content not supplied on a tangible medium, if its supply began with the Buyer’s prior express consent before the expiry of the withdrawal period and the Seller informed the Buyer before conclusion of the contract that in such case the Buyer does not have the right to withdraw from the contract;
- other cases set out in Section 1837 of the Civil Code.

4. In order to comply with the withdrawal period, the Buyer must send a notice of withdrawal within the withdrawal period.

5. To withdraw from the purchase agreement, the Buyer may use the model withdrawal form provided by the Seller. The Buyer shall send the withdrawal notice to the Seller’s email address or delivery address stated in these Terms and Conditions. The Seller shall confirm receipt of the form to the Buyer without undue delay.

6. A Buyer who has withdrawn from the contract shall return the goods to the Seller within 14 days of withdrawal. The Buyer shall bear the costs associated with returning the goods to the Seller, even if the goods cannot be returned by ordinary postal means due to their nature.

7. If the Buyer withdraws from the contract, the Seller shall refund all money received from the Buyer, including delivery costs, without undue delay and no later than 14 days from the withdrawal, using the same method of payment. The Seller shall refund the received funds by another method only if the Buyer agrees and no additional costs are incurred by the Buyer.

8. If the Buyer selected a delivery method other than the cheapest method offered by the Seller, the Seller shall refund the Buyer only up to the amount corresponding to the cheapest offered delivery method.

9. If the Buyer withdraws from the purchase agreement, the Seller shall not be obliged to refund the received funds before the Buyer hands over the goods or proves that the goods have been sent back to the Seller.

10. The Buyer must return the goods to the Seller undamaged, unused, and unsoiled, and, if possible, in the original packaging. The Seller shall be entitled to set off any claim for damages caused to the goods against the Buyer’s claim for reimbursement of the purchase price.

11. The Seller shall be entitled to withdraw from the purchase agreement due to stock depletion, unavailability of goods, or where the manufacturer, importer, or supplier has discontinued the production or import of the goods. The Seller shall inform the Buyer without undue delay via the email address stated in the order and shall refund all payments received under the agreement, including delivery costs, within 14 days of notifying withdrawal from the purchase agreement, using the same method of payment or a method chosen by the Buyer.

VII. Rights Arising from Defective Performance

1. The Seller shall be liable to the Buyer for ensuring that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that, at the time the Buyer took over the goods:

- the goods have the characteristics agreed by the parties, and if no agreement exists, the goods have the characteristics described by the Seller or manufacturer, or those the Buyer could reasonably expect having regard to the nature of the goods and the advertising made by them;
- the goods are fit for the purpose stated by the Seller for their use or for the purpose for which goods of that kind are ordinarily used;
- the goods correspond in quality or workmanship to the agreed sample or model, if quality or workmanship was determined according to the agreed sample or model;
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with legal requirements.

2. If a defect becomes apparent within six months of the Buyer taking over the goods, it shall be presumed that the goods were defective at the time of receipt. The Buyer shall be entitled to assert rights arising from defects in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods with a defect corresponding to the degree of use or wear and tear existing at the time of receipt, or if this follows from the nature of the goods.

3. If a defect occurs, the Buyer may lodge a complaint and request:

- replacement with new goods;
- repair of the goods;
- a reasonable discount on the purchase price; or
- withdrawal from the contract.

4. The Buyer shall be entitled to withdraw from the contract:

- if the goods have a material defect;
- if the goods cannot be properly used due to repeated occurrence of a defect or defects after repair;
- if the goods have a greater number of defects.

5. The Seller shall accept the complaint at any place of business where such complaints can be received, or alternatively at its registered office or place of business. The Seller shall issue the Buyer with written confirmation stating when the right was exercised, the subject matter of the complaint, and the remedy requested by the Buyer, as well as confirmation of the date and method of settlement of the complaint, including confirmation of any repair and its duration, or written reasons for rejecting the complaint.

6. The Seller or a person authorised by the Seller shall decide on the complaint immediately, or within three working days in complex cases. This period shall not include the time reasonably required, having regard to the type of product or service, for expert assessment of the defect. The complaint, including any rectification of the defect, shall be resolved without undue delay, and no later than 30 days from the date the complaint was made, unless the Seller and the Buyer agree on a longer period. Failure to comply with this time limit shall constitute a material breach of contract, and the Buyer shall be entitled to withdraw from the purchase agreement. The complaint shall be deemed to have been made at the moment when the Buyer’s expression of intent to exercise rights arising from defective performance is delivered to the Seller.

7. The Seller shall inform the Buyer in writing of the outcome of the complaint.

8. The Buyer shall not be entitled to rights arising from defective performance if the Buyer knew, before taking delivery of the item, that it had a defect, or if the Buyer caused the defect themselves.

9. In the case of a justified complaint, the Buyer shall be entitled to reimbursement of reasonably incurred costs arising in connection with asserting the complaint. The Buyer may claim such reimbursement from the Seller within one month after the warranty period expires.

10. The Buyer shall have the right to choose the complaint remedy.

11. The rights and obligations of the parties in relation to rights arising from defective performance shall be governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.

12. Further rights and obligations of the parties related to the Seller’s liability for defects are governed by the Seller’s complaints procedure.

VIII. Delivery

1. The parties may deliver all written correspondence to each other by email.

2. The Buyer shall deliver correspondence to the Seller at the email address stated in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address stated in the Buyer’s customer account or in the order.

IX. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No. 000 20 869, website: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from the purchase contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.

3. The Seller is authorised to sell goods on the basis of a trade licence. Trade supervision is carried out by the competent trade licensing authority within its scope of authority. The Czech Trade Inspection Authority exercises supervision, within the scope laid down by law, over compliance with Act No. 634/1992 Coll., on Consumer Protection.

X. Final Provisions

1. All matters between the Seller and the Buyer shall be governed by the law of the Czech Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This does not affect consumer rights arising from mandatory legal provisions.

2. The Seller is not bound vis-à-vis the Buyer by any code of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

3. All rights to the Seller’s website, in particular copyright in the content, including the page layout, photographs, videos, graphics, trademarks, logo, and other content and elements, belong to the Seller. Copying, modifying or otherwise using the website or any part thereof without the Seller’s consent is prohibited.

4. The Seller shall not be liable for errors caused by third-party interference with the Online Store or by its use contrary to its intended purpose. The Buyer must not use any procedures that could negatively affect the operation of the Online Store and must not engage in any activity that could enable the Buyer or third parties to unlawfully interfere with, or unlawfully use, the software or other components forming the Online Store, or use the Online Store or any of its parts or software in a manner contrary to its intended purpose.

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

6. The purchase agreement, including these Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

7. The wording of these Terms and Conditions may be amended or supplemented by the Seller. This provision shall not affect rights and obligations arising during the period in which the previous version of the Terms and Conditions was in force.

8. A model withdrawal form forms an annex to these Terms and Conditions.

 

These Terms and Conditions shall take effect on 1 January 2025.