The operator of the website and e-shop www.bianchi.sk or redirection www.bianchistore.online is the company PRO CYCLING s.r.o.
TERMS AND CONDITIONS
of PRO CYCLING, s. r. o.
with registered office at Medveďova 1/A, Bratislava 851 04, Slovakia
ID NO.: 44556063
Tax identification number: 2022761543
VAT NUMBER: SK2022761543
registered in the Commercial Register of the District Court Bratislava I., section Sro, insert number 56309/B for the sale of goods through the online store located at the Internet address https://www.procycling.sk, www.bianchi.sk or its redirection www.bianchistore.online
1.1 These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company PRO CYCLING, s.r.o., with registered office at Medveďovej 1/A, Bratislava 851 04, ID No.: 44556063, Tax ID No.: 2022761543, VAT ID No.: SK2022761543, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 56309/B (hereinafter referred to as the "Seller") regulate the mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated on the Internet address https://www.procycling.sk, through a web interface (hereinafter referred to as the "web interface of the shop").
1.2 The Terms and Conditions further regulate the rights and obligations of the Parties when using the Seller's website located at http://www.procycling.sk (hereinafter referred to as the "Website") and other related legal relations. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is acting in the course of his business when ordering goods.
1.3 Provisions not covered by the terms and conditions may be agreed in the contract of sale. The provisions in the contract of sale take precedence over the provisions in the terms and conditions.
1.4 The provisions of the terms and conditions are an integral part of the contract of sale. The contract of sale and the terms and conditions are drawn up in the Slovak language. The terms and conditions are also translated into English and German on the provider's website. In the event of any inconsistency between the terms and conditions drawn up in the Slovak language and the terms and conditions drawn up in the English language and/or the German language, the text of the terms and conditions drawn up in the Slovak language shall prevail. The contract of sale shall be concluded in the Slovak language, and the contract of sale may also include a translation into English and/or German. In the event of any inconsistency between the Slovak language version of the Purchase Contract and the English and/or German translation of the Purchase Contract, the Slovak language version of the Purchase Contract shall prevail.
1.5 The Seller may change or supplement the wording of the Terms and Conditions at any time. This provision does not affect rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2.1. Upon registration of the Buyer on the Website, the Buyer may access his user interface. From his user interface, the Buyer can order goods (hereinafter referred to as "user account"). The Buyer can also order goods without registration directly from the web interface of the shop.
2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the data provided in the user account in case of any changes. The data provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3 Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access the user account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer.
2.4 The Buyer is not entitled to allow third parties to use the User Account.
2.5 The Seller may terminate the User Account, in particular if the Buyer has not used the User Account for more than 12 months or if the Buyer fails to fulfil its obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software, or necessary maintenance of third party hardware and software.
CONCLUSION OF THE SALES CONTRACT
3.1 The web interface of the shop contains a list of the goods offered for sale by the Seller, including the price of the individual goods offered. The prices are inclusive of value added tax and all related charges, except for the costs associated with the packaging and delivery of the goods. The offer of goods and the prices of the goods shall remain valid as long as they are displayed on the web interface of the shop. This provision does not restrict the seller's ability to conclude a contract of sale on other individually agreed terms and conditions. The entire offer of goods displayed on the web interface of the shop is non-binding and the seller is not obliged to conclude a contract of sale for these goods.
3.2 The web interface of the shop also contains information on the costs associated with the packaging and delivery of goods. Information on the costs associated with the packaging and delivery of the goods is provided in the web interface of the shop. Unless otherwise stated, the costs associated with the packaging and delivery of the goods are calculated individually.
3.3 To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information on:
3.3.1. the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
3.3.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
3.3.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.4 Before sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct any errors made when entering information in the Order. The Buyer shall send the order to the Seller by clicking on the "complete order" button. The information provided in the order is considered correct by the Seller. Immediately upon receipt of the order, the Seller shall confirm receipt of the order to the Buyer by electronic mail to the Buyer's electronic mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's electronic mail address"). The order and the order confirmation shall be deemed to have been received if the person to whom they are addressed has access to them on his electronic device.
3.5 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for an additional order confirmation (e.g. in writing or by telephone).
3.6 The purchase contract between the Seller and the Buyer is concluded at the moment of receipt of the order by the Buyer at the Buyer's e-mail address.
3.7 The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Contract, in particular with persons who have previously materially breached their obligations towards the Seller.
3.8 The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself.
PRICE OF THE GOODS AND PAYMENT TERMS
4.1 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
- in cash at PRO CYCLING shop, Medveďovej 1/A, 85104, Bratislava;
- by credit card at PRO CYCLING, Medveďovej 1/A, 85104, Bratislava;
- by credit card online;
- cash on delivery at the place specified by the buyer when ordering;
- by agreement by wire transfer to the Seller's account IBAN SK32 0200 0000 0035 0832 8254 (VÚB banka, a.s.) (hereinafter referred to as the "Seller's account");
- by a valid gift voucher issued by PRO CYCLING - payment in the shop, if it is a physically issued gift voucher, or online, if the gift voucher has been issued online as a code for purchase in the online shop.
4.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the contractual amount. Unless expressly stated otherwise, the purchase price shall furthermore be understood to include the costs associated with the delivery and packaging of the goods.
4.3 In the case of payment in cash or cash on delivery, the purchase price shall be payable on receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of the conclusion of the purchase contract.
4.4 In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the indication of the variable symbol of the payment, which the Seller shall notify to the Buyer at the latest upon receipt of the acceptance of the order. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
4.5 The Seller shall be entitled, in particular in the absence of additional confirmation of the order by the Buyer (Article 3), to require payment of the full purchase price before the goods are dispatched to the Buyer.
4.6 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.7 Gift vouchers cannot be returned and exchanged for cash, nor can they be redeemed. A Customer wishing to use a purchased gift voucher must do so by purchasing at least the value of the gift voucher, or a value higher than the value stated on the gift voucher, and making up the difference. Once the gift voucher has expired, it is void and the customer loses the right to use or return it.
4.8. If it is customary in the commercial relationship or if it is provided for by a generally binding legal regulation, the Seller shall issue a tax document - an invoice to the Buyer in respect of payments made under the Purchase Contract. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it physically with the goods or in electronic form to the Buyer's electronic address.
WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 The Buyer acknowledges that, pursuant to the provisions under § 7 et seq. 102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services under a Distance or Off-Premises Contract and Amendments to Certain Acts (hereinafter referred to as "Act No. 102/2014 Coll."), the Buyer is not entitled to withdraw from a purchase contract, the subject of which is the sale of goods made according to the Buyer's special requirements or goods intended specifically for a single consumer or goods which, due to their characteristics, cannot be returned or goods which are perishable.
5.2 Pursuant to Section 7(1) of Act No. 102/2014 Coll., the Buyer is entitled to withdraw from the contract of sale without giving any reason within fourteen (14) working days from the date of receipt of the goods. This does not apply in the case referred to in the preceding point no. 5.1. of the terms and conditions as well as in cases in which, according to the law, the buyer cannot withdraw from the purchase contract. Withdrawal from the contract must be received by the Seller within fourteen (14) working days of receipt of the goods. The Buyer may deliver the withdrawal from the Purchase Contract to the Seller at the Seller's business address or at the Seller's electronic mail address, which are specified in Clause 12.5. of the Terms and Conditions.
5.3. In the event of withdrawal from the Contract pursuant to clause 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the beginning. The Buyer is obliged to return the goods to the Seller together with sending the completed form, which is available at: https://bianchistore.online/cancelContract/cancelContract/, or as a PDF document for download under the link, no later than fourteen (14) working days after sending the withdrawal. The goods must be returned to the Seller undamaged and unworn and, if possible, in their original packaging.
5.4 Within fifteen (15) days of the Buyer's return of the Goods pursuant to clause 5.3 of the Terms and Conditions, the Seller shall be entitled to inspect the returned Goods, in particular to determine whether the returned Goods are damaged, worn out or partially consumed.
5.5 In the event of withdrawal from the Contract pursuant to Clause 5.2 of the Terms and Conditions, the Seller shall return the performance provided by the Buyer to the Buyer within fifteen (15) days of the withdrawal from the Contract, in cashless form to the account designated by the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer upon return of the goods by the Buyer.
5.6 The Buyer acknowledges that if the Goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation against the Buyer for any damage incurred thereby. The Seller shall be entitled to set off the claim for compensation for the damage against the Buyer's claim for a refund of the purchase price.
5.7 The Seller shall be entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the Goods. In such case, the Seller shall refund the Purchase Price to the Buyer without undue delay, in cashless form to the account designated by the Buyer.
5.8 If a gift is provided to the Buyer together with the Goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return to the Seller the provided gift together with the Goods.
5.9 If the Buyer returns goods that have been paid for by means of a gift voucher, whether in the shop or in the online shop, the Buyer shall not be entitled to a cash refund. The amount of the gift voucher will be refunded back to the buyer in the form of a physical gift voucher or a uniquely generated online code that can be used for a further purchase in the shop.
TRANSPORT AND DELIVERY
6.1 The method of delivery of the goods shall be determined by the Seller, unless otherwise specified in the Purchase Contract. In the event that the method of delivery is agreed upon at the request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery.
6.2 If the Buyer does not take delivery of the Goods upon delivery and they are returned to the Seller as undelivered, the Seller shall be entitled to charge a redelivery fee in the amount of the postage calculated when the Goods were ordered, or may withdraw from the Contract.
6.3 For personal collection and payment at the point of collection, the goods are reserved for 3 working days. After the expiry of this period, the seller has the right to withdraw from the contract of sale.
6.4 In case of personal collection of goods, which is paid in advance by wire transfer, the goods are stored by the seller free of charge for 10 calendar days. After the expiry of this period, the goods shall continue to be stored by the Seller for a maximum of 30 days from receipt of the order, but at a storage fee of € 3 per calendar day. After 30 calendar days from the conclusion of the purchase contract and payment of the goods, if the customer does not take delivery of the goods, the order is cancelled and the customer's payment is refunded to the bank account specified by the customer, less the amount of the storage fee, which is a total of € 60.
6.5 In the event that, for reasons on the part of the Buyer, the goods cannot be redelivered or delivered in a different manner than that specified in the order, the Buyer shall pay the costs associated with redelivery of the goods or the costs associated with a different method of delivery.
6.6 Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, immediately report this to the carrier. In the event of any damage to the packaging indicating unauthorised intrusion, the Buyer need not take delivery of the goods from the carrier. By signing the delivery note, the buyer confirms that the packaging of the consignment containing the goods has not been damaged.
6.7 Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
LIABILITY FOR DEFECTS, WARRANTY
7.1 The rights and obligations of the Parties regarding the Seller's liability for defects, including the Seller's warranty liability, shall be governed by the applicable generally binding laws of the Slovak Republic.
7.2 The Seller shall be liable to the Buyer for the fact that the goods sold are in conformity with the contract of sale, in particular that they are free from defects. Conformity with the contract of sale means that the goods sold have the quality and utility required by the contract, described by the seller, the manufacturer or his representative, or expected on the basis of their advertising, or the quality and utility usual for goods of a given type, that they comply with the requirements of legal regulations, are in the appropriate quantity, size or weight and correspond to the purpose stated by the seller in the use of the goods or for which the item is usually used.
7.3 If the goods are not in conformity with the contract of sale upon receipt by the Buyer (hereinafter referred to as "breach of contract of sale"), the Buyer shall be entitled to have the Seller restore the goods to a condition conforming to the contract of sale free of charge and without undue delay, either by replacement or repair, as requested by the Buyer; if such procedure is not possible, the Buyer may demand a reasonable discount on the price of the goods or withdraw from the contract of sale. This does not apply if the buyer knew of or caused the breach of the contract of sale before taking delivery of the item. A conflict with the contract of sale which becomes apparent within six (6) months from the date of acceptance of the goods shall be deemed to have already existed at the time of acceptance, unless this is contradicted by the nature of the goods or the contrary is proven.
7.4 Unless the goods are perishable or second-hand, the Seller shall be liable for defects which manifest themselves as a breach of the contract of sale after acceptance of the goods within the guarantee period (warranty).
7.5 The Buyer's rights arising from the Seller's liability for defects, including the Seller's warranty liability, shall be exercised by the Buyer with the Seller at the address of the Seller's premises PRO CYCLING, Medveďovej 1/A, 85104, Bratislava, Slovakia. The moment when the Seller receives the claimed goods from the Buyer together with the completed goods claim form shall be deemed to be the moment when the claim is made. For eshop online order form https://www.bianchistore.online/page/returnItem/ for goods purchased in a brick-and-mortar store and paid for via checkout, please download and fill in the following form: https://www.procycling.sk/uploads/attachments/pro-cycling-return-form-20220518.pdf.
7.6 Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Regulations.
OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires ownership of the Goods by paying the full purchase price of the Goods.
8.2 The Buyer acknowledges that the software and other components forming the web interface of the Shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to take any action that could allow him or third parties to interfere with or make unauthorised use of the software or other components forming the web interface of the shop.
8.3 The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the Shop when using the web interface of the Shop. The web interface of the Shop may only be used to the extent that is not detrimental to the rights of other customers of the Seller and that is in accordance with its purpose.
8.4.The Buyer acknowledges that the Seller is not liable for errors resulting from third party intervention in the web interface of the shop or from the use of the website in violation of its use.
PROTECTION OF PERSONAL DATA
9.1 The protection of personal data of the buyer, who is a natural person, is provided by Act No. 428/2002 Coll. on the protection of personal data, as amended.
9.2 The Buyer consents to the processing of the following personal data: name and surname, address, date of birth, identification number, tax identification number, e-mail address, telephone number and bank account number (hereinafter collectively referred to as "personal data").
9.3 The Buyer consents to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement, for the purposes of maintaining the User Account and for the purposes of sending information and commercial notifications to the Buyer.
9.4 The Buyer acknowledges that he is obliged to provide his personal data (at registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay about the change of his personal data.
9.5 The Seller may entrust a third party as a processor to process the Buyer's personal data. Except for the persons transporting the goods, personal data shall not be disclosed by the Seller to third parties without the Buyer's prior consent.
9.6 Personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form in an automated manner or in clear form in a non-automated manner.
9.7 The Buyer confirms that the personal data provided is accurate and that it has been advised that this is a voluntary provision of personal data.
9.8 In the event that the Buyer believes that the Seller or the Processor (clause 9.5) is carrying out processing of the Buyer's personal data which is contrary to the protection of the Buyer's private and personal life or contrary to law, in particular if the personal data is inaccurate with regard to the purpose of its processing, the Buyer may:
9.8.1. request an explanation from the seller or processor,
9.8.2. require the seller or processor to remedy the situation.
In particular, this may include blocking, rectification, completion or destruction of the personal data. If the Buyer's request pursuant to the preceding sentence is found to be justified, the Seller or Processor shall rectify the defective condition without delay. If the seller or processor does not comply with the request, the buyer has the right to contact the Data Protection Authority directly. This provision is without prejudice to the right of the buyer to address his complaint directly to the Data Protection Authority.
9.10 If the Buyer requests information about the processing of his personal data, the Seller is obliged to provide him with this information.
SENDING COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES
10.1 The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's email address and further consents to the sending of the Seller's business notices to the Buyer's email address.
10.2 The Buyer agrees to the storage of cookies on the Buyer's computer. In the event that a purchase can be made on the website and the Seller's obligations under the Purchase Agreement can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may withdraw his/her consent at any time in accordance with the preceding sentence.
11.1 Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other party in writing by electronic mail, in person or by registered mail via a postal service provider (at the sender's choice). The Buyer shall be served at the electronic mail address indicated in his user account.
12.1 If the relationship related to the use of the Website or the legal relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that their relationship shall be governed by Slovak law. This is without prejudice to the consumer's rights under generally applicable law.
12.2 The Seller is authorised to sell goods on the basis of a trade licence and the Seller's activity is not subject to further authorisation. Trade control is carried out within the scope of its competence by the competent trade authority.
12.3 If any provision in the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments to the contract of sale or the terms and conditions shall be in writing.
12.4 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible. It is only available upon written request of the Buyer.
12.5 Contact details of the Seller. Address. Address for mail delivery: Medveďovej 1/A, 85104, Bratislava, Slovakia. E-mail address firstname.lastname@example.org, telephone +421 917 344 484.
of PRO CYCLING, s. r. o.
with registered office PRO CYCLING, s. r. o., Medveďovej 1/A 851 01, Bratislava
ID NO.: 44556063
registered in the Commercial Register of the District Court Bratislava I., Section Sro, Insert No. 56309/B
for the sale of goods through an on-line shop located at the internet address http://www.procycling.sk
PRO CYCLING, s. r. o. with registered office at Medveďovej 1/A 851 01, Bratislava, ID No.: 44556063, registered in the Commercial Register of the District Court Bratislava I, Section Sro, Insert No. 56309/B (hereinafter referred to as the "Seller"), issues, in accordance with Act No. 250/2007 Coll. on Consumer Protection and on Amendments to Act No. 372/1990 Coll. on Offences, as amended (hereinafter referred to as the "Consumer Protection Act") and the provisions of Sections 612 - 627 of Act No. 40/1964 Coll., the Civil Code as amended (hereinafter referred to as the "Civil Code") to ensure that the buyer is properly informed about the conditions and method of exercising rights under liability for defects (hereinafter referred to as the "claim"), including information on where he can make a claim and on the implementation of warranty repairs, this Claims Procedure.
In accordance with Section 18(1) of the Consumer Protection Act, this Complaints Procedure is located on the website of the Seller's online shop - http://www.procycling.sk.
RIGHT TO MAKE A COMPLAINT
2.1 Upon receipt of the goods, the Buyer is obliged to inspect the goods and check the completeness of the goods and the relevant documents (invoice, warranty card, manual or any other document necessary for the use of the purchased goods). When collecting the goods in person, the Buyer is obliged to inspect the goods and to immediately complain about any apparent defects concerning mechanical damage to the goods or their packaging, the quantity of the goods delivered, the completeness of the documents or other apparent defects. When goods are delivered by courier service, the buyer is obliged to write a complaint report at the place of receipt of the goods on the detected obvious defects - incompleteness of the shipment, mechanical damage to the goods or their packaging, or other obvious defects. Later claims concerning obvious defects of the goods, detectable upon receipt of the goods and incompleteness of the goods and documents, cannot be accepted and such a claim will be considered as unjustified. The Seller shall not be liable for apparent defects detectable on receipt of the goods and incompleteness of the goods and documents handed over, even if the Buyer does not exercise the right to inspect the goods on receipt.
2.2 Mechanical damage to the goods, which was not apparent upon receipt, must be notified by e-mail to the Seller's e-mail address indicated on the Seller's online shop website (http://www.procycling.sk) immediately after receipt of the goods, no later than 24 hours after receipt.
2.3 Liability for damage to the goods in the course of transport shall be borne by the carrier. On the basis of the executed record, the customer will be granted a reasonable discount or delivered new goods after the conclusion of the damage claim with the carrier.
2.4 Before the first use of the purchased goods, the buyer is obliged to read the warranty conditions, including the instruction manual, and then to follow this information.
2.5 If a defect occurs in the purchased goods during the warranty period, the purchaser has the right to claim the defect within the statutory period. The claim must be settled within 30 days of the date of the claim. After the expiry of the period for processing the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product for a new one.
PLACE OF COMPLAINT
3.1 The Buyer shall make a complaint in writing by post to the Seller's address or by e-mail to the Seller's e-mail address. (email@example.com)
3.2. If the claim is made by post, the claim must be accompanied by the goods on which the defect has occurred, a description of the defect, a copy of the proof of purchase (invoice) and the Buyer's contact details.
3.3 As proof of the purchase of the goods and the timely filing of the claim, the Buyer is obliged to present the proof of purchase of the goods (invoice), which was delivered to the Buyer together with the goods. If the Buyer cannot prove the acquisition of the goods with such a document, the Buyer's claim cannot be accepted. Telephonic assessment or handling of complaints is not permitted.
3.4 The Buyer who has made a claim for the purchased goods and the claim has been accepted shall be issued with a confirmation of the acceptance of the claim and, within 30 days at the latest, a written proof of the manner of its settlement. If the claim is made by means of remote communication (by e-mail), the Seller is obliged to deliver the confirmation of the claim to the Buyer by e-mail immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of the handling of the claim; the confirmation of the claim does not have to be delivered if the Buyer has the opportunity to prove the claim in another way. In addition to the facts referred to in point 3 of this Article, the acknowledgement of receipt of the complaint shall also contain information on the manner and estimated time of its settlement.
3.5 The Seller shall send the Buyer information about the settlement of the complaint in the form of an e-mail message.
LIABILITY OF THE SELLER
4.1 The Seller shall be liable for defects in the goods delivered upon receipt by the Buyer and for defects occurring after receipt of the goods within the warranty period (warranty).
4.2 The Seller shall not be liable for any defect in the goods if :
4.2.1. the Buyer has caused the defect in the goods himself or the defect has arisen as a result of a natural disaster;
4.2.2. the Buyer was aware of the defect in the Goods prior to receipt of the Goods or was expressly advised of the defect by the Seller;
4.2.3. a discount on the purchase price has been granted on account of the defect in the goods;
4.2.4. the defects have arisen within the warranty period as a result of normal wear and tear of the goods caused by normal use, misuse or excessive use;
4.2.5. the defects have been caused by use contrary to the instructions for use;
4.2.6. the goods are claimed after the expiry of the warranty period or any other period within which the goods are to retain their specific characteristics.
4.3 The following shall not be considered a defect:
- a change in the appearance or function of the goods as a result of normal wear and tear caused by use,
- a defect caused by unprofessional treatment of the goods (washing, ironing, etc.)
- deliberate damage to the goods for speculative reasons,
- defects caused by mechanical damage (tearing, punctures, cuts, etc.)
5.1. The warranty period for the goods is 24 months (not applicable to perishable goods) from the date of receipt of the goods by the purchaser. If the claim is settled by repair, the period from the time the claim is made until the time the buyer is obliged to take delivery of the goods after the repair is completed is not included in the warranty period. If the claim is settled by replacing the defective goods with faultless goods, the new warranty period for the new goods shall run again from the date of acceptance of the new goods.
5.2 The Seller may, by declaration in the warranty certificate issued to the Buyer, if applicable, provide a warranty exceeding the scope of the warranty provided for by law, the terms and scope of which shall be specified in the warranty certificate.
5.3 If the Buyer has made a claim for goods within the first 12 months of purchase, the Seller may reject the claim only on the basis of a professional assessment at the Seller's expense. If the Buyer has made a claim for the product after 12 months from the purchase and the Seller has rejected it, the person who has settled the claim is obliged to indicate in the claim settlement document to whom the Buyer may send the product for professional assessment. If the buyer proves that the seller is responsible for the defect, the buyer may reassert the claim; the warranty period does not expire while the professional assessment is being carried out. A claim made again cannot be rejected.
5.4 Liability rights for defects for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.
5.5 If the seller offers the buyer additional goods as a free gift in addition to the sold goods, it is up to the buyer whether he accepts the offered gift. However, the gift is not the goods sold, therefore the seller is not liable for any defects. However, if the seller is aware of any defects in the goods, the seller is obliged to draw the buyer's attention to them when offering the gift. If the gift has defects that the seller has not warned the buyer about, the buyer is entitled to return it. If the buyer has the right to withdraw from the contract, the buyer is obliged to return to the seller everything he has received under the contract, i.e. including the goods received as a gift.
RIGHTS OF THE BUYER
6.1 In the event of avoidable defects, the removal of which will not impair the appearance, function and quality of the product, the Buyer shall have the right to demand
- free of charge, proper and timely removal of defects,
- replacement of the defective goods with faultless goods or, if the defect relates only to a part of the goods, replacement of the part, unless the Seller incurs disproportionate costs in relation to the price of the goods or the severity of the defect.
The seller may always replace the defective goods with faultless goods instead of removing the defect if this does not cause the buyer serious inconvenience.
6.2 In the case of irremediable defects that prevent the goods from being properly used as goods without defects, or if they are irremediable defects but the buyer cannot properly use the goods due to the reappearance of the defect after repair or due to a greater number of defects, the buyer has the right to:
- to demand the replacement of the defective goods with faultless ones,
- withdraw from the contract of sale (demand a full refund against the return of the purchased goods).
A defect whose complaint has not been dealt with within 30 days of receipt of the complaint shall also be considered as an irremediable defect.
6.3 In the event of an irremediable defect which does not prevent the goods from being used properly as goods without defect, the purchaser is entitled to a reasonable discount on the price according to the nature and severity of the defect.
6.4 If the buyer has the right to exchange the goods or the right to withdraw from the contract (refund), it is up to the buyer which of these rights he exercises. However, as soon as he has chosen one of these rights, he may no longer unilaterally change this choice.
In order to assess the claim correctly, it is necessary that the goods claimed are clean, complete and in compliance with the hygiene regulations or general hygiene principles.
8.1 This Complaint Procedure shall enter into force and effect upon its publication on the website http://www.procycling.sk of PRO CYCLING, s.r.o.
8.2 PRO CYCLING, s.r.o. reserves the right to make any subsequent amendments to the Complaints Procedure, whereby the said amendments shall come into force on the day following the date of their publication on the website http://www.procycling.sk.
8.3 By submitting an order, the Customer/Buyer confirms that he/she agrees to these Complaints Regulations in their entirety.