These Terms and Conditions govern the sale of goods by drom.bike s.r.o., with its registered office at Novákových 970/41, Prague, 180 00, Czech Republic, Company ID No. 17933650, registered in the Commercial Register maintained by the Municipal Court in Prague under File No. C 377971, through the online shop at www.drom.bike.

1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions of drom.bike s.r.o. (the “Seller”) govern, pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”), the mutual rights and obligations arising in connection with or on the basis of a purchase agreement (the “Purchase Agreement”) concluded between the Seller and a natural person (the “Buyer”) through the Seller’s online shop.
1.2 These Terms and Conditions do not apply where the purchaser is a legal entity or a person acting in the course of business or independent professional activity.
1.3 The parties may agree provisions deviating from these Terms and Conditions in the Purchase Agreement. Such provisions shall prevail over these Terms and Conditions.
1.4 These Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement may be concluded in Czech or English.
1.5 The Seller may amend or supplement these Terms and Conditions. Such amendments shall not affect rights and obligations arising during the period of effectiveness of the previous version.

2. CONCLUSION OF THE PURCHASE AGREEMENT
2.1 The presentation of goods in the online shop is for information purposes only and does not constitute an offer which the Seller is obliged to accept. Section 1732(2) of the Civil Code shall not apply.
2.2 The online shop contains information about the goods, including their prices. Prices include VAT and all related charges and remain valid for as long as they are displayed in the online shop.
2.3 The online shop also contains information concerning packaging and delivery costs. Such information applies only to deliveries within the Czech Republic.
2.4 The Buyer places an order by completing the order form in the online shop.
2.5 Before submitting an order, the Buyer may check and amend the information entered and correct any errors. The Buyer submits the order by clicking the relevant button. The Seller shall confirm receipt of the order by email without undue delay.
2.6 Depending on the nature of the order, including the quantity of goods, purchase price and anticipated delivery costs, the Seller may request additional confirmation of the order in writing or by telephone.
2.7 The contractual relationship arises upon delivery of the Seller’s acceptance of the order to the Buyer by email.

3. PRICE AND PAYMENT TERMS
3.1 The Buyer may pay the purchase price and delivery costs by cash at the Seller’s premises, cash on delivery, or bank transfer to the Seller’s account.
3.2 The Buyer shall also pay the agreed packaging and delivery costs. Unless expressly stated otherwise, references to the purchase price include delivery costs.
3.3 Cash and cash-on-delivery payments are due upon receipt of the goods. Bank-transfer payments are due within seven (7) days of conclusion of the Purchase Agreement.
3.4 For bank transfers, the Buyer shall use the relevant variable payment reference. The payment obligation is fulfilled when the relevant amount is credited to the Seller’s account.
3.5 The Seller may, particularly where additional order confirmation has not been provided, require payment of the full purchase price before dispatch. Section 2119(1) of the Civil Code shall not apply.
3.6 Discounts granted by the Seller may not be combined unless expressly agreed otherwise.

4. WITHDRAWAL FROM THE PURCHASE AGREEMENT
4.1 Pursuant to Section 1837 of the Civil Code, the Buyer may not withdraw from a Purchase Agreement in cases including goods made to the Buyer’s specifications or personalised for the Buyer; goods liable to rapid deterioration; goods irreversibly mixed with other goods after delivery; sealed goods which cannot be returned for health or hygiene reasons once the seal has been broken; and audio or video recordings or computer software where the original packaging has been opened.
4.2 Unless an exemption applies, the Buyer who is a consumer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods, subject to the applicable provisions of Section 1829 of the Civil Code. For several types of goods or several deliveries, the period runs from receipt of the final delivery. Notice of withdrawal must be sent within the applicable period. The Buyer may use the model withdrawal form supplied by the Seller.
4.3 Withdrawal cancels the Purchase Agreement from the outset. The Buyer shall return the goods within fourteen (14) days of withdrawal, including all components and accessories. The goods should be returned undamaged and, where possible, in their original packaging. The Buyer bears the cost of returning the goods.
4.4 Following withdrawal, the Seller shall refund the funds received from the Buyer within fourteen (14) days, using the same payment method unless otherwise agreed. The Seller may withhold the refund until the goods have been returned or the Buyer has demonstrated that they have been dispatched.
4.5 The Seller may set off any claim for compensation for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
4.6 Until the Buyer takes delivery of the goods, the Seller may withdraw from the Purchase Agreement. In such a case, the Seller shall refund the purchase price without undue delay by bank transfer to an account designated by the Buyer.
4.7 Where a gift is provided with the goods and the Buyer withdraws from the Purchase Agreement, the gift agreement shall cease to have effect and the Buyer shall return the gift together with the goods.

5. TRANSPORT AND DELIVERY
5.1 Where transport is arranged at the Buyer’s special request, the Buyer bears the risk and any additional costs associated with that method of transport.
5.2 Where the Seller is obliged to deliver the goods to the address specified by the Buyer, the Buyer shall accept the goods upon delivery.
5.3 If, for reasons attributable to the Buyer, delivery must be repeated or carried out by another method, the Buyer shall bear the related costs.
5.4 Upon receipt from the carrier, the Buyer shall inspect the packaging and immediately notify the carrier of any damage. Where the packaging indicates unauthorised access to the shipment, the Buyer may refuse delivery.

6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
6.1 The rights and obligations concerning defective performance are governed by applicable generally binding legislation, in particular Sections 1914–1925, 2099–2112 and 2161–2174 of the Civil Code.
6.2 The Seller is liable for ensuring that the goods are free from defects upon receipt. In particular, the goods shall have the agreed characteristics; be suitable for the stated or customary purpose; correspond to an agreed sample or model where applicable; be supplied in the appropriate quantity, measure or weight; and comply with applicable legal requirements.
6.3 These requirements do not apply to defects for which a reduced price was agreed, normal wear and tear, defects corresponding to the condition of used goods at the time of receipt, or matters arising from the nature of the goods.
6.4 The Buyer may complain of a defect that becomes apparent within two years of receipt. Where a defect becomes apparent within one year of receipt, the goods are presumed to have been defective upon receipt unless the nature of the goods or defect excludes such presumption.
6.5 Complaints may be submitted at Novákových 970/41, Prague 180 00, by telephone at +420 734 206 186 or by email at adam@drom.bike.
6.6 Where goods are defective, the Buyer may request that the defect be remedied. Subject to the conditions set by law, the Buyer may request replacement with defect-free goods or repair.
6.7 The Seller shall remedy a defect within a reasonable period after it has been reported, taking into account the nature of the goods and the purpose for which they were purchased.
6.8 The Buyer may request a reasonable reduction in the purchase price or withdraw from the Purchase Agreement where the Seller refuses or fails to remedy the defect as required, the defect recurs, the defect constitutes a material breach, or it is apparent that the defect will not be remedied within a reasonable period or without significant inconvenience.
6.9 A complaint, including the remedy of the defect, shall be handled and the Buyer informed no later than thirty (30) days after the complaint is made, unless the parties agree a longer period. After expiry of this period, the Buyer may withdraw from the Purchase Agreement or request a reasonable reduction.
6.10 The Seller shall provide confirmation of the date and manner of resolution of the complaint, including confirmation of any repair and its duration, or written reasons for rejection.
6.11 Further rights and obligations concerning liability for defects may be regulated by the Seller’s Complaints Procedure.

7. OTHER RIGHTS AND OBLIGATIONS
7.1 The Buyer acquires ownership of the goods upon payment of the full purchase price.
7.2 The Buyer assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

8. PERSONAL DATA PROTECTION
8.1 Personal data of the Buyer who is a natural person shall be protected in accordance with Regulation (EU) 2016/679 (GDPR) and applicable Czech legislation.
8.2 The Seller may process the Buyer’s name and surname, residential address, identification number, tax identification number, email address and telephone number for the purposes of performing rights and obligations arising from the Purchase Agreement.
8.3 The Buyer shall provide accurate and truthful personal data and inform the Seller without undue delay of any changes relevant to performance of the Purchase Agreement.
8.4 The Seller may entrust a third party acting as a processor with the processing of personal data. Apart from persons involved in delivery, personal data shall not be disclosed to third parties without the Buyer’s prior consent, subject to applicable law.
8.5 Personal data shall be processed for an indefinite period in electronic or printed form.
8.6 The Buyer confirms that the personal data provided is accurate and acknowledges that its provision is voluntary.
8.7 Where the Buyer believes that personal data is being processed contrary to applicable law, the Buyer may request an explanation and may request that the unlawful situation be remedied.
8.8 Upon request, the Seller shall provide information concerning the processing of the Buyer’s personal data. The Seller may charge a reasonable fee not exceeding the necessary costs of providing such information.

9. FINAL PROVISIONS
9.1 The Purchase Agreement is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
9.2 If any provision of these Terms and Conditions is or becomes invalid or ineffective, it shall be replaced by a provision whose meaning most closely corresponds to the original provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Amendments to the Purchase Agreement or these Terms and Conditions must be made in writing.
9.3 The Purchase Agreement, including these Terms and Conditions, is archived electronically by the Seller and is not accessible.
9.4 The model withdrawal form forms an annex to these Terms and Conditions.
9.5 Seller’s contact details: Novákových 970/41, Prague 180 00; email: adam@drom.bike; telephone: +420 734 206 186.

Prague, 20 June 2024