1. General terms and Conditions

The following shopping and return terms and conditions govern rights and obligations of the parties resulting from the purchase contract concluded between the seller: Matej Kubiš – REFLEXTO, ID: 51136708, Internátna 28, 97404 Banská Bystrica, Slovakia (hereinafter referred to as the “Seller”) and the buyer. The subject of this agreement is the purchase and sale of goods on the seller’s e-commerce website.

Contact details of the seller:

Matej Kubiš – REFLEXTO, ID: 51136708, Internátna 28, 97404 Banská Bystrica, Slovakia

Tax ID: 1122362538

Phone: +421 902 560 110

Email: info@safer-bike.com

Supervisory authority:

Slovak Trade Inspection (SOI)

SOI Inspectorate for Banskobystrický kraj 

Dolná 46, 974 00 Banská Bystrica 1, Slovakia 

Supervision Department 

tel. no. +42148412 49 69, +42148415 18 71, +42148415 18 73 

fax no.+42148412 46 93

http://www.soi.sk

http://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi

1.1. These shopping and return terms in the wording applicable on the date of the purchase agreement are an integral part of the purchase contract. In the event of a written contract in which the terms of the contract are different from these shopping and return conditions, the provisions of the purchase contract will be prior to these trade and claims terms. Newly agreed shopping terms and conditions may not conflict with other legal regulations (shortening the repayment period, warranty period, etc.)

1.2. For the purposes of these shopping and returns terms, an ancillary contract means a contract whereby the buyer acquires the goods or is provided with a service related to the subject of the purchase contract in question, provided the goods supplied or the service provided by the seller or a third party under their agreement .

1.3. The displayed purchase price for the goods on any website operated by the seller also includes value added tax in the specified amount according to the valid legal regulation of the Slovak Republic. It does not include the price for the delivery of goods or other optional services. All trading and other special offers are valid until stocks are sold unless otherwise stated.

1.4. The seller may at any time adjust the sales price of the products that is displayed on the e-commerce website of the seller. Such a change does not apply to purchase contracts concluded before the price change, notwithstanding the fact that the goods have not yet been delivered yet.

2. The method of concluding a purchase contract

2.1. The purchase contract is concluded on the basis of a proposal sent by the buyer to the seller as a form completed and sent via the website of the seller to whom he has sent an application for its conclusion. The subject of the agreement is transfer of the right of ownership of the goods identified by the buyer at the purchase price and under the conditions stated in this order (hereinafter referred to as the “order”).

2.2. Once an order has been sent, message confirming the order will be automatically sent to the email address of the seller’s electronic system (“Order Receipt Confirmation”). If necessary, any additional information regarding placed order may be sent to the buyer’s email address.

2.3. The order confirmation includes information that the seller has received an order and it is also  confirmation of accepting a proposal to enter into a purchase contract (“Order Acceptance”).

2.4. The content of the order acceptance is the name and specification of the goods, which are subject of the purchase contract, the price of the goods and / or other services, the name and location where goods to be delivered, cost and method of delivery where goods agreed to be delivered to the buyer, further details of the seller such as business name, registered office, ID number, etc. The notification may also contain other necessary information.

2.5. Conclusion of the purchase contract occurs upon receipt of the order acceptance in electronic or written form.

2.6. In clear, unambiguous, comprehensible and unambiguous manner, the seller has informed, prior to sending the Purchaser’s order, about pre-contractual information regarding return, payment, merchant, shipping and other conditions by:

1. about main characteristics of the goods or the nature of service within the scope of adequately used means of communication and goods, has been informed on the relevant online store page of the seller,
2. about the seller’s trading name and registered place of business at the relevant sub-page of the seller’s online store, and on page 1 of these General terms and conditions, which are placed on the seller’s online store sub-page,
3. of the seller’s telephone number and other data that is important for the buyer to contact the seller, in particular the address, e-mail address and the fax number (if there is one), those are placed on the relevant seller’s online store sub-page and on page 1 of these General terms and conditions,
4. of the seller address where the buyer can file a complaint regarding goods or services, is placed on the relevant seller’s online store sub-page and on page 1 of these General terms and conditions,
5. of the total price of the goods or services, including value added tax and all other taxes, or if due to the nature of the goods or service, the price can not be determined in advance, the manner in which it is calculated and the cost of transport, delivery, postage and other costs and charges , or if such costs and charges can not be determined in advance, informations that the purchaser will have to pay them are placed on the relevant seller’s online store sub-page,
6. about payment terms, delivery terms, time limit within which seller undertakes to deliver the goods or provide a service, inform about the procedures for the application and handling complaints, complaints and suggestions of the buyer, are placed on the relevant seller’s online store sub-page and within these General terms and conditions,
7. about buyer’s right to withdraw from the purchase contract, conditions, time limit and  procedure for exercising the right to withdraw from the contract, informations are in the article 10 within these General terms and conditions placed on the relevant seller’s online store sub-page,
8. about providing a form to withdrawal form the purchase contract, informations are in the article 10 within these General terms and conditions placed on the relevant seller’s online store sub-page,
9. about informations that if the buyer withdraws from the purchase contract, he will bear the costs associated with the return of the goods to the seller under § 10 par. 3 of Act no. 102/2014 Z.z. on consumer protection in the sale of goods or the provision of services on the basis of a distance contract or a contract concluded outside of the seller premises and on the amendment of certain laws (hereinafter the “Consumer Protection Act for the Sale at a Distance”), and if it withdraws from the purchase contract also the cost of returning the goods which, by virtue of their nature, can not be returned via mail,  informations are in the article 10 within these General terms and conditions placed on the relevant seller’s online store sub-page,
10. of buyer’s obligation to pay the seller the price for the performance actually provided under § 10 par. 5Continue Consumer Protection Act when the Buyer withdraws from the Service Agreement after having given the Seller explicit consent under Section 4 6 of the Consumer Protection Act in the case of distance selling, informations are in the article 10 within these General terms and conditions placed on the relevant seller’s online store sub-page,
11. of circumstances in which the buyer loses the right to withdraw from the contract, informations are in the article 10 within these General terms and conditions placed on the relevant seller’s online store sub-page,
12. about instructions on the seller’s liability for defects in goods or services pursuant to § 622 and 623 of the Civil Code informed in the article 8 within these General terms and conditions placed on the relevant seller’s online store sub-page,
13. of existence and details of the warranty provided by the manufacturer or seller in accordance with stricter § 502 of the Civil Code, if it is provided by the producer or seller, as well as information on the existence and conditions of assistance and services provided to the buyer after the sale of the goods or the provision of the service, if such assistance is provided on the relevant e-shop catalog of the seller, informed in the article 9 within these General terms and conditions placed on the relevant seller’s online store sub-page,
14. of existence of appropriate codes of conduct that the seller has committed to adhere to, and the manner in which purchasers can acquaint themselves with or obtain the wording of the code, informed in the relevant article within these General terms and conditions placed on the relevant seller’s online store sub-page,
15. of duration of the contract in case of a fixed-term contract; in case of a contract concluded for an indefinite period or in the case of an automatically renewed contract, it also informed the seller of the terms and conditions of the termination of the contract has informed in the relevant article within these General terms and conditions placed on the relevant seller’s online store sub-page,
16. of minimum duration of the buyer’s obligations arising from the purchase contract, if the purchase contract results from the purchaser, informs the buyer of such a commitment in the relevant article within these General terms and conditions placed on the relevant seller’s online store sub-page,
17. of buyer’s obligation to pay in advance or to provide a different financial guarantee at the request of the seller and the terms and conditions applicable to the seller if the Buyer has communicated such a commitment seller has informed in the relevant article within these General terms and conditions placed on the relevant seller’s online store sub-page,
18. about functionality, including applicable technical safeguards to secure electronic content, if appropriate, has informed in the relevant article within these General terms and conditions placed on the relevant seller’s online store sub-page,
19. about compatibility of electronic content with hardware and software that the seller knows or can reasonably expect to know about, if appropriate, has informed in the relevant article within these General terms and conditions placed on the relevant seller’s online store sub-page,
20. about possibility and terms of dispute settlement through an out-of-court dispute settlement through an ADR system if the vendor has committed to using the system has informed in the relevant article within these General terms and conditions placed on the relevant seller’s online store sub-page,
21. of necessary actions for the conclusion of the purchase contract by describing these necessary actions under these business and claims conditions, has informed in the relevant article within these General terms and conditions placed on the relevant seller’s online store sub-page,
22. about that the purchase contract will be stored electronically at the vendor and will be available to the buyer if the buyer has requested it in writing,  has informed in the relevant article within these General terms and conditions placed on the relevant seller’s online store sub-page,
23. about language offered for the conclusion of the contract is the Slovakian or English language, has informed in the relevant article within these General terms and conditions placed on the relevant seller’s online store sub-page,

2.7. If the seller has not fulfilled his obligation to provide information under 2.6. (e) of these General terms and conditions, Buyer is not obliged to pay these additional costs or fees.

3. Seller’s rights and obligations

3.1. Seller is required to:

a) In case of confirmation of the order in the form of acceptance, the seller is obliged to deliver goods to the buyer in agreed quantity, time, quality and to pack it and ensure transportation in a manner necessary for its preservation and protection,

b) ensure that the delivered goods comply with the applicable Slovak legislation,

c) send a confirmation of the conclusion of a purchase contract on a durable medium, such as e-mail. The confirmation is required to be sent without any delay and must contain all the information given in 2.6. including the cancelation form to cancel the purchase contract.

d) at latest together with the delivery of goods, submit to the buyer, in electronic or written form, all the necessary documents for the taking over and use of the purchased goods, as well as other documents prescribed by valid legal regulations of the Slovak Republic such as guide, delivery note, invoice.

3.2. The seller has the right to get full payment in time from the buyer for goods delivered.

3.3. In the event of unavailability of the goods or run out of the stock, the seller is not able to deliver the goods to the buyer within period stated in the purchase contract determined by these General terms and conditions or for the agreed purchase price, it is the seller’s obligation to offer the buyer a substitute performance or the possibility to withdraw from the purchase contract by the buyer (cancellation of the order). Withdrawal from the purchase contract or cancellation of the order is possible by sending an e-mail to the seller. In an event of payment of the purchase price to the seller or part thereof, it is the seller’s obligation to refund already paid purchase price or part within 14 days from the date of delivery of an e-mail of withdrawal from the purchase contract or cancellation of an order to the buyer on a designated account, unless the parties agreed otherwise. If the buyer did not accept solution offered by the seller or withdrawn from the purchase contract, the seller is entitled to withdraw from the purchase contract. In an event of payment of the purchase price to the seller or part thereof, it is the seller’s obligation to refund already paid purchase price or part within 14 days to the buyer.

4. Buyer’s rights and obligations

4.1. The seller informed the buyer of the obligation to pay the purchase price. This obligation is part of the order.

4.2. Buyer’s rights: Buyer has the right that the goods will be delivered in quantity and quality, delivered in time to the place agreed by the parties.

4.3. Obligations of Buyer:

a) to pay the agreed purchase price to the seller within the agreed maturity period, including the cost of delivery for the ordered goods,

b) take over the goods that have been ordered and delivered,

c) acknowledge receipt of the goods by signing delivery note.

5. Delivery and payment terms

5.1. On the online store page is stated availability and usual time when items are despatched.

5.2. The seller is required to deliver goods to the buyer without any delay, no later than 30 days from the date of order, unless otherwise agreed in the purchase contract. If the seller fails to comply with this obligation, the buyer may ask him to supply goods within a specified reasonable time limit. If the item is not delivered within this additional reasonable period, the buyer is entitled to withdraw from the contract.

5.3. The seller is entitled to ask the buyer to receive delivery of the goods even before the expiry of the delivery period stated in purchase contract.

5.4. Pictures of goods on any online store sub page operated by the seller might be just illustrative.  True colours may vary depending of display quality and settings used. The dimensions, weight and other details of the goods contained in the seller’s catalogs, prospectuses and other documents placed on the seller’s online store sub page are reported by the manufacturer and may differ from + -1% of the value given.

5.5. It is the buyer’s obligation to receive the goods at the agreed place according to the purchase contract or in some other way before the delivery of the goods (hereinafter referred to as “the place”). The buyer is obliged to take over the goods within the time limit to which the seller or his agent is responsible for delivering the goods and the buyer agreed in the purchase contract or in some other way prior to the delivery of the goods (hereinafter “Time range”).

5.6. If the seller delivers the goods to the buyer in time to agreed place, it is the buyer’s duty to take over the goods personally or to arrange for the goods to be taken over by the person authorised by the buyer. The buyer is required to sign a record of payment of the purchase price and delivery note, if applicable. The obligation of the third person empowered to take over the goods is to provide a copy of the order acceptance to the seller. Upon delivery of the goods to the buyer, the goods are considered as delivered. Delivering goods to buyer means delivering the goods to the buyer or a third party authorised by the buyer, and signing a purchase price note and delivery note by the buyer or a third party authorised by the buyer.

5.7. Repeat delivery of the goods due to the absence of the buyer at agreed place and in the time frame or if the buyer does not receive the goods within 7 days after expiration of time period, without prior written withdrawal from the purchase contract, the seller is entitled to claim the compensation at the actual costs of the damage for attempting to unsuccessfully deliver the goods to  the agreed place.

5.8. The buyer’s obligation is to check the received parcel, packaging of the goods and the goods itself, immediately after delivery in the presence of the seller’s representative, for example the courier. If the defect of the goods is found, it is the duty of the seller’s representative to allow the buyer to make a record of the nature and extent of the defect of the goods, the seller’s representative shall confirm the accuracy. With such a written record delivered to the seller, the buyer may refuse to take delivery of the defective goods or confirm the delivery of the defective goods and subsequently, follow article 8 of these General terms and conditions to claim a defect in the goods at the seller or the designated person. If the buyer refuses to take over the delivered goods with defects, all expeditiously incurred costs of returning the goods to the seller are borne by the seller.

5.9. In the event that the seller fails to deliver the goods, the purchaser is entitled in time limit specified in article 5.2. of these General terms and conditions to withdraw from the purchase contract and the seller is obliged to refund the buyer the already paid purchase price or part within 14 days from the moment of delivery of the withdrawal from the purchase contract. Funds will be transferred to a bank account specified by the buyer.

6. Purchase price

6.1. The purchase price of the goods that was agreed in purchase agreement between the buyer and the seller is stated in the order acceptance (the “purchase price”). If the purchase price stated in the order receipt exceeds the price for the identical goods stated at the sellers online store at the time of sending the order to the buyer, the seller will deliver an electronic message to the buyer with information on the offer of a new purchase price at a different price considered to be the seller’s proposal to conclude a new purchase contract, which must be explicitly confirmed by the buyer by e-mail or in writing, in order to effect a valid purchase contract.

6.2. Buyer is obligated to pay the seller purchase price, including cost of delivery in cash upon personal receipt of the goods, cash on delivery at the point of delivery or by wire transfer to the seller’s account, stated in the acceptance of the order, or online by credit or debit card on the seller’s online store before the goods are taken over. Allowed payment method in each country vary.

6.3. Upon payment of the purchase price by bank transfer to the seller’s account, it is considered as the payment day, when the entire purchase price was credited to the seller’s account.

6.4. It is the buyer’s obligation to pay to seller the purchase price for the agreed goods within the term of the purchase contract, but at the latest when the goods are taken over.

6.5. The seller is entitled to deny the delivery of goods to the buyer if the buyer does not pay to seller the full purchase price until delivery of the goods to the place and the parties have not agreed to pay the purchase price for the goods in instalments.

6.6. Assembly, delivery of heavy goods and related costs are not included in the purchase price, and the seller is not required to provide the service to the buyer. 

7. Acquisition of ownership and passing of danger of damage to the goods

7.1. The right to ownership of the goods is acquired by the buyer only upon full payment of the purchase price for the goods.

2.7 The moment of taking over the goods by the buyer or by a third party authorised by the buyer from the seller or his agent charged with delivering the goods or when doing so in time, at the time when the seller allows the buyer to handle the goods and the buyer does not assume the goods undergoes the risk of damage to the goods.

8. Complaints (warranty, liability for defects, complaints)

8.1. The buyer has right to eliminate damage of the defect for free, in a timely and proper manner, if defect of the goods can be removed. The seller’s obligation is to remove the defect without any delay.

8.2. Instead of removing the defect, the buyer may request exchange of the goods, or if the defect relates only to a certain part of the goods, replacement of that part, does not incur disproportionate costs in relation to the price of the goods or seriousness of the defect.

8.3. Replace defective goods for non-defective goods may be by the seller whenever if this does not cause serious difficulties to the purchaser.

8.4. In case that defect of goods can not be repaired and which prevents the goods from being properly used as a thing without a defect, the buyer has right to exchange the goods or has right to withdraw from purchase contract. The same rights apply to the buyer if it is a defect that can be repaired, but is a recurring defect or large number of defects. and buyer can not properly use the goods.

8.5. In the case of other unavoidable defects, the buyer is entitled to an appropriate discount on the price of the goods.

8.6. The seller informed the buyer of his rights under the provisions of this Act. § 622 of the Civil Code (article 8.1 to 8.3 of these General terms and conditions) and the rights resulting from it. § 623 of the Civil Code (article 8.4 to 8.5 of these General terms and conditions) by placing these General terms and conditions on the relevant seller’s online store sub-page, and the buyer had the opportunity to read them before order was made. 

8.7. Buyer is required to make a claim at the seller or designated person. The seller is responsible for defects in goods in accordance with the valid legal regulations of the Slovak Republic. Information about the service points and designated persons for the warranty and post-warranty service shall be provided by the seller to the buyer on the back of the warranty card or upon request by telephone or by e-mail.

8.8. Complaints handling is covered by the seller’s valid complaint policy in article 8. of these General terms and conditions. The Buyer was properly informed of the complaint procedure and was informed of the terms and manner of claiming a return of the goods, including the details of where claim could be applied and the performance of warranty repairs in accordance with the § 18 par. 1 of Act no. 250/2007 Z. from. on Consumer Protection and on Amending the Act of the Slovak National Council no. 372/1990 Coll. (hereinafter referred to as the “Act”) at the time before the conclusion of the purchase contract by placing these General terms and conditions on the relevant seller’s online store sub-page, and the buyer had the opportunity to read them before order was made.

8.9. Goods purchased by the buyer from the seller in the form of an e-commerce on the seller’s online store are covered by the return claim procedure.

8.10. If the goods show defects for which the manufacturer, supplier or seller is responsible, covered by the warranty and purchased at the seller, the buyer has the right to claim liability for defects with the seller.

8.11. If the goods are defective, the buyer has the right to file a claim at the seller’s premises in accordance with § 18 par. (2) of the Act by delivering the goods to the vendor’s premises and delivering the buyer’s will to exercise his right under article 8.1. to 8.5. of these General terms and conditions (hereinafter referred to as the “Claim Notice”), in the form of a completed claim form, which is placed on the seller’s online store sub-page. Seller recommends that you use a recorded or secure delivery method when sending returns. Seller does not accept parcels sent to him through “Cash on delivery” service. The Buyer is required to truthfully provide all the required information, in particular to accurately identify the type and extent of defect of the goods; the buyer shall also indicate which of his rights under § 622 and 633 of the Civil Code apply. The buyer has right to make a claim also to the person authorised by the manufacturer of the goods to perform warranty repairs (hereinafter referred to as the “designated person”). The list of designated persons is included in the warranty card or is sent to the buyer at the request of the seller.

8.12. A product complaint that can be delivered to the seller begins on the day that all the following conditions are cumulatively met:

a) delivery of a notice of claim by the buyer to the seller

b) delivery of the defected goods by the buyer to the seller or to the designated person

c) delivery of access codes, passwords, etc. to the seller, if such data are necessary for the proper handling of the claim.

8.13. If subject of claim is a product that can not be delivered to the seller objectively or is firmly built, the buyer is in addition to complying with the conditions under article 8.12 (a) and (c) of these General terms and conditions is obliged to provide all necessary assistance to the seller or a third person designated by the seller to perform the inspection of the claimed goods. Complaint relating to goods that can not be delivered to the seller objectively or which is firmly embedded begins on the day the goods were examined under the first sentence. However, if the seller or a third party designated by him, despite the necessary cooperation provided by the buyer, fails to arrange for the inspection to be carried out within a reasonable time, but no later than 10 days after delivery of the notice of claim to the seller, the complaint proceeding shall commence on the date of delivery of the notice of application to the seller.

8.14. The seller or designated person issues to the buyer a receipt of warranty claim of goods in appropriate form chosen by the seller, by email or a written form in which he is obliged to accurately identify the defects of the goods complained of and once again informs the consumer about his rights under article 8.1. to 8.3. of these General terms and conditions (Section 622 of the Civil Code) and of the rights resulting from article 8.4. to 8.5. o of these General terms and conditions (Section 623 of the Civil Code). If a complaint is claimed by means of distance communication, the seller must deliver the claim confirmation to the buyer immediately; if it is not possible to deliver the receipt immediately, it must be delivered without any delay, but at the latest with a proof of equipment; the claim confirmation does not have to be delivered if the buyer has the opportunity to prove the claim in another way.

8.15. The buyer is entitled to decide which of his rights, § 622 and § 623 of the Civil Code applies and at the same time it is obliged to immediately inform the seller about its decision. On the basis of a buyer’s decision, which of its rights under the § 622 and § 623 of the Civil Code shall be applied by the seller or the designated person obliged to determine the method of solving the complaint according to the provision. § 2 let. m) of the Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complex technical evaluation of the condition of the goods is required within 30 days from the date of application of the claim. After determining the way the complaint is handled, the seller or person will handle the complaint immediately, in justified cases, the complaint can be reclaimed later. However, decision may not be longer than 30 days from the date of the claim. After the expiration of the deadline for complaint handling, the consumer has the right to withdraw from the contract or has the right to exchange goods for new goods.

8.16. If the buyer claims warranty of the goods during the first 12 months from the conclusion of the purchase contract, the seller may dispose of the claim by refusing only on the basis of an expert’s opinion or opinion issued by an authorised, notified or accredited person or opinion of the designated person. Irrespective of the outcome of expert judgment, the seller may not require the buyer to cover the costs of professional judgment of the goods or other costs related to the professional assessment of the goods. 

8.17. If the buyer claims warranty of the goods after 12 months from the conclusion of the purchase contract and the seller rejected it, the person who rejected claim is obliged to indicate to whom the buyer can send the goods for expert judgment. If the buyer sends the goods for expert judgment to the designated person stated in the claim equipment documentation, the costs of expert judgment of the goods as well as all other related expense incurred shall be borne by the seller irrespective of the outcome of the expert judgment. If the buyer, by professional judgment, demonstrates the seller’s liability for the defective product, he may reapply the claim; the warranty period does not count during the performance of the expert assessment. The seller is obliged to pay the buyer within 14 days from the day of the resubmitted claim all costs incurred for the professional judgment of the goods as well as all the related expense. The reclaimed warranty claim can not be denied.

8.18. Buyer does not have the right to exercise the right of liability for defects notified by the seller at the time of conclusion of the contract or to have been aware of the circumstances under which the purchase contract was concluded.

8.19. The seller reserves the right to replace defective goods for other goods with the same or better technical parameters if this does not cause serious difficulties to the buyer.

8.20. Seller is not responsible for defects in goods: 

1. in case of defect which the buyer could have identified by checking the consignment at the time of delivery of the goods and which he did not notify the seller in accordance with article 5.8. of these General terms and conditions,
2. if  buyer has not exercised his right concerning the seller’s liability for defective goods until the end of the warranty period,
3. if  defective goods are mechanically damaged by the buyer,
4. if defect is caused by the use of the goods under conditions which do not correspond to their natural, environmental, humidity, chemical and mechanical effects,
5. if defect is caused by improper handling or neglected maintenance of the goods,
6. if defect of the goods arises from damage to the goods by excessive loading or use in contravention of the conditions specified in the documentation or general principles of the customary use of the goods,
7. if defect is caused by damage to the goods by irreversible and/or unforeseeable events,
8. if defect of the goods resulted from the damage of the goods by accidental destruction and accidental deterioration,
9. if defect of the goods has been caused by unprofessional interference, water damage, fire damage, static or atmospheric electricity, or any other act of God,
10. if defect of the goods resulted from an interference with the goods by unauthorised person.

8.21. It is the sellers responsibility to provide a complaint solution in one of the following ways:

a) by exchange of goods,

b) by refunding purchase price of goods,

c) handing over repaired goods,

d) payment of an appropriate discount on the price of goods,

e) a written request by seller to receive the specified performance,

f) a reasonably rejection of warranty claim.

8.22. The seller is required to issue a written document no later than 30 days from the day of filing the claim personally, via the post or courier service or delivery service provider. The seller will inform buyer immediately of resolution of complaint immediately after complaint is resolved by telephone or e-mail, and together with the goods proof of settling will be send.

8.23. The warranty period is 24 months from the date of delivery of the goods unless the warranty period is different for specific cases. The products of sports nutrition, groceries and animal feeds have a minimum shelf life of more than 2 months before the date of consumption; in case of shorter expiration times, contact the seller by telephone or e-mail and the shipment will be send only with the consent of the buyer.

8.24. In case of warranty repairs, the warranty period is extended by the time the buyer could not use the goods.

8.25. In case of replacement of goods for a new one, warranty period will begin again from the day new goods were received, but only for new goods. In case of replacement of goods, the buyer will receive a document containing the information of exchange of the goods and any further claims will be applied on the basis of the purchase contract and this document.

8.26. In case of a removable defect, the return claim will be handled according to the purchaser’s decision under  article 8.15. of these General terms and conditions:

a) seller will exchange defected goods or

b) the seller will provide repair of defect.

8.27. If there is a reparable defect and buyer did not determine under article 8.15. of these General terms and conditions, how return complaint should be handled, seller will solve return claim by removing the defect.

8.28. In case of defect that can not be eliminated or a repeated multiple deleterious defects or a number of different removable defects that prevent the goods from being properly used, the seller shall depending on the buyer’s decision under article 8.15. of these General terms and conditions resolve the claim as follows:

a) by exchanging goods for other functional goods of the same or better technical parameters, or

b) in the event that seller can not exchange the goods for another, he should refund the purchase price for the goods.

8.29. In case of a non-repairable defect or a multiple recurrent defects, or in respect of a number of different removable defects that prevent the proper use of the goods and the buyer did not specified according to article 8.15. of these General terms and conditions, how complaint should be handled, the seller will resolve the return claim by exchanging goods for other functional goods of the same or better technical parameters.

8.30. Return claim only applies to the defects listed in the Return form under article 8.14. of these General terms and conditions.

8.31. For warranty claim purposes is considered as occurring defect if occurrence of one removable defect is more than twice.

8.32. For warranty claim purposes is considered as multiple defects if more than three different removable defects occur at the same time.

8.33. The purchaser’s entitlement to claim a warranty claim is after he has exercised his right and has requested the seller to remove defect of the goods under article 8.1. of these General terms and conditions, and irrespective of the outcome of the claim, is no longer entitled to repeatedly claim the same unique defect (not a defect of the same kind).

8.34. The provisions under article 8 of these General terms and conditions expressly do not apply to entities not complying with the definition as consumer as set out in § 2 let. a) Law 102/2014.

9.1. Personal data and their protection

1. The parties agree that if buyer is a non business person, is obliged to notify the seller in his/her order of his/her name and surname, address of permanent residence, including postal code, telephone number and e-mail address.
2. The parties agree that if buyer  is a business customer, is obliged to notify the seller in his order of his business name, address, including postcode, company ID, telephone number and e-mail address.
3. Buyers can review and change their personal information at any time after logging in at online store website “www.safer-bike.com” under “My account”.
4. Registered user on the internet website “www.safer-bike.com” can request to cancel his registration and ask to delete his personal details by sending an request by e-mail to info@safer-bike.com.
5. The seller hereby notifies the buyer that under law nr. 18/2018 Collection of Laws on the Protection of Personal Data (PPD) and on amendments to certain laws as amended, the seller as an operator will, in the process of concluding the purchase contract, process the buyer’s personal data without his consent as the data subject, since processing of the buyer’s personal data will be performed by the seller in pre-contractual relationships with the buyer and the processing of the buyer’s personal data is necessary for performance from a purchase contract in which the buyer acts as one of the parties.
6. The buyer can tick the box before submitting the order to express his/her consent in accordance with the PPD to process and store his personal data, in particular those mentioned above and/or which are necessary for the seller’s activities relating to the transmission of information on new products, discounts and shares on the goods offered and processed in all their information systems , concerning the transmission of information on new products, discounts and actions on the goods offered.
7. The seller undertakes to treat and store the buyer’s personal data in accordance with applicable Slovak Republic legislation.
8. The Seller declares that in accordance with PPD will be acquired exclusively for the purpose stated in these General terms and conditions. 
9. The Seller declares that in accordance with PPD will collect personal data for purposes other than those specified in these General terms and conditions and ensure that personal data are processed and used exclusively in a manner consistent with the purpose for which they were collected and that they will not associate them with personal data which have been obtained for other purposes.
10. The Buyer grants to the Seller approval under article 9.5. of these General terms and conditions to meet the purpose of processing the buyer’s personal data. After the fulfilment of the purpose of the processing, the seller will immediately ensure that liquidation of the buyer’s personal data is done. The buyer may withdraw acceptance to the processing of personal data at any time in writing. Acceptance expires within 1 month of receipt of the revocation of consent by the buyer to the seller. 
11. Before submitting an order the buyer will be asked to confirm by ticking a box before sending the order that the seller has advised him in a sufficient, comprehensible and unmistakable manner of:

1. seller identification data as referred to in article 1. these General terms and conditions,
2. third party identification data, which is the company that delivers the ordered goods to the buyer so that the information is given in the acceptance,
3. the purpose of personal data processing which is the conclusion of a purchase contract between seller and buyer,
4. seller will process name, surname, postal address including postal code, telephone number and e-mail address if the buyer is a non business person and seller will process business name, address of the registered business including postcode, company ID, telephone number and email address if the buyer is a business customer,
5. that the required personal data is buyer obliged to provide,

11. The Seller declares that he will process personal data in accordance with good manners and will act in a manner that does not conflict with or violate PPD or other generally binding legal regulations. Seller declares that the acceptance of the person concerned will not be enforced or made conditional on the threat of refusal of the contractual relationship, service, goods or obligations established by the seller. 
12. The buyer has the right to request, based on a written request from the seller 

1. confirmation about that his/her personal data are processed or not,
2. the purpose of processing personal data,
3. in a generally understandable form information that his/her personal data are accurate in the information system and on its state:
   1. identification details of the seller and the seller’s representative, if appointed,
   2. identification details of the broker; this does not apply if the seller does not proceed to obtain personal data pursuant to § 34 ZnOOÚ,
4. in a generally understandable form accurate information about the source from which  he obtained its personal data for processing,
5. in a generally understandable form copy of his/her personal data which are the subject of processing,
6. supplementary information that is necessary for the purchaser in view of all the circumstances and conditions of the processing of personal data in order to guarantee its rights and the rights of the protected interests
   1. a lesson of voluntariness or obligation to provide the required personal data; if the seller acquires the personal data of the buyer under the consent of the buyer pursuant to PPD, he shall also notify him of the validity of the consent and if the buyer has the obligation to provide personal data resulting from a directly enforceable legally binding act of the European Union, , the seller shall notify the purchaser of the legal basis which imposes such an obligation on the buyer and shall inform buyer of the consequences of the refusal to provide personal data,
   2. information about third parties, if it is foreseen or is obvious that personal data will be provided to them,
   3. the range of recipients, if it is foreseen or is obvious that personal data will be made available to them,
   4. form of disclosure, if personal data are to be disclosed,
   5. third countries, if it is foreseen or obvious that personal data are transferred to these countries,
7. to correct buyers incorrect, incomplete or outdated personal data that are being processed,
8. liquidation of buyers personal data if the purpose of their processing has been met; if subject of processing are official documents containing personal data, person may request their return,
9. destruction of buyers personal data which are subject of processing, because breach of valid legal regulation of the Slovak Republic happened.

13. The buyer has the right upon a free written request to object to the Seller against: 

1. the processing of his personal data which are considered to be or will be processed for the purposes of direct marketing without buyers consent and requesting their liquidation,
2. the use of personal data referred to in Article § 31 for the purposes of direct marketing by post, or
3. the provision of personal data referred to in Article § 31 for the purposes of direct marketing.

14. The buyer has the right upon a free written request to object to processing of personal data in cases pursuant to section Article § 31 of the PPD by pronouncing justified reasons or by submitting evidence of unauthorised interference with its rights and  protected interests that are or may be damaged in such case by such processing of personal data; if legal grounds do not prevent it and it is proved that the buyer’s objection is justified, the seller is obliged to block and destroy the personal data of which buyer has objected without any delay as soon as circumstances allow.
15. The Buyer has the right upon a free written or personal request in urgent cases, has at any time to object to the seller and not to agree to the seller a decision that would have legal effects or significant scope for buyer, if such decision is issued solely on basis of the automated processing of buyers personal data. The buyer has the right to require the seller to review issued decision by a method different from automated form of processing, and seller is obliged to comply with the buyer’s request, so that decision-maker will have a decisive role in reviewing decision on the method of review and result of finding, the seller shall inform the buyer within the time limit referred to in article. 9.18. of these General terms and conditions. The buyer does not have this right only if this is provided for by a special law regulating the purchaser’s legitimate interests or if in context of pre-contractual relationships or during the existence of contractual relationships seller has issued a decision by which he has satisfied  buyer’s requirement or if the seller has taken other reasonable measures to safeguard the legitimate interests of the buyer.
16. If the buyer exercises his right in writing and the content of his application implies that he exercises his right, the application shall be deemed to have been filed under this Act; Request made by e-mail or fax shall be delivered by the buyer in writing no later than three days after the date of dispatch.
17. If buyer suspect that his personal data are being processed improperly he may notify Office of the disclosure of personal data protection. If buyer does not have the legal capacity in full his rights may be exercised by a legal representative.
18. The buyer is obligated to provide in writing settling of the Buyer’s request under this article of these General terms and conditions or meet the buyer’s requirements under the PPD and notify him in writing within 30 days of receipt of request.
19. Restriction of buyer’s rights under section in PPD the seller shall promptly notify affected person and  Office for personal data protection in writing without any delay.
20. The seller hereby notifies the buyer that in accordance with regulations of the PPD for the processing of buyer’s personal data, it is assumed that the buyers personal data will be provided and made available to the following third parties, of the beneficiaries:

 – Slovak post, a.s., with registered office at Partizánska cesta 9, 97599 Banská Bystrica, Slovakia, IČO: 36631124, registered in the Commercial Register of the District Court of Banská Bystrica, Slovakia, Section Sa, Insert no. 803 / S

10. Withdrawal from the purchase contract 

10.1. If the seller fails to fulfil his obligations under the purchase contract resulting from the sale of the goods, the unavailability of the goods or if the manufacturer, importer or supplier of the goods agreed in the purchase contract interrupted the production or made such major changes that prevented the seller from fulfilling the obligations of the seller arising out of a purchase contract or for reasons of force major or even if all efforts that can be fairly demanded from buyer are not able to deliver the goods to the customer within the time specified by these General terms and conditions or the price stated in the order, the seller is obliged to do so to immediately inform the buyer and at the same time is obliged to offer the buyer a substitute performance or the buyer’s ability to withdraw from the purchase contract (cancel order). In the event that the Buyer withdraws from the purchase agreement for the reasons stated in this article, seller is obliged to refund purchase price to the buyer if that was already paid  in advance for the goods agreed in the purchase contract within 14 days of the notification of the withdrawal by transfer to the account specified by the buyer .

10.2. Buyer is entitled to withdraw from the purchase contract without giving any reason in accordance with article § 7 et seq. Of Act no. 102/2014 Z.z. on consumer protection in the case of distance selling (hereinafter referred to as the “Consumer Protection Act for the Sale at a Distance”) within 14 days of recipient of goods, respectively. from the day of the conclusion of a service contract or a contract for the provision of electronic content not supplied on a physical medium if the seller has, in a timely and proper manner, § 3 of the Act on the Protection of Consumers in the Sale at a Distance.

10.3. Buyer has right within this time limit to unpack and test the goods in a manner similar to that normally used when buying in a classic “street” shop to the extent necessary to ascertain the nature, characteristics and functionality of the goods.

10.4. Beginning of withdrawal period is set on the date on which the buyer or a third party designated by him, except of the carrier, receive all parts or goods of returned ordered or

a) supplies goods consisting of several pieces or pieces from the date of the last part or last piece,

b) goods ordered by the buyer in a single order shall be delivered separately from the date of receipt of the goods which have been delivered as last,

c) supplies goods repeatedly for the specified period, from the date of receipt of the first delivered goods.

10.5. The buyer may withdraw from the purchase contract, subject of which is purchase of the goods before the commencement of the withdrawal period.

10.6. Upon termination a written form is required in a manner that does not give rise to any doubt that the contract has been withdrawn by mistake or in the form of a registration on another durable medium, or by using the Cancelation form available to download at the end of these General terms and conditions. Withdrawal period shall be deemed to be maintained if the notice of withdrawal has been sent to the seller at the latest on the last day of the period under the contract. § 7 par. 1 of the Act on the Protection of Consumers in the Sale at Distance.

10.7. Withdrawal from the purchase contract according to the previous point of these General terms and conditions must include information required in the Cancelation form available to download at the end of these General terms and conditions, in particular buyer identification, number and date of the order, exact specification of the goods, way the seller should return already paid purchase price, especially account number and/or postal address of the buyer.

10.8. In an event of withdrawal from the purchase contract by the buyer, any supplementary contract relating to the purchase contract from which the buyer resigned shall also be abolished from the beginning. It is not possible to claim from the buyer any costs or other payments that are related to the cancellation of an ancillary contract, except for the reimbursement of costs and payments specified in article § 9 par. 3 and § 10 par. (3) and (5) of the Consumer Protection Act for distance selling and service charges where service is provided and service has been provided in full.

10.9. Within 14 days from the date of withdrawal from the purchase contract buyer is obliged to send the goods back to the sellers address without any delay or hand it over to the seller or person authorised by the seller to take over the goods. This does not apply if the seller has suggested picking up the goods in person or through a person authorised by him. The time limit according to the first sentence of this point of these General terms and conditions is deemed to have been maintained if the goods were handed over for shipment at the latest on the last day of the period.

10.10. Buyer is obliged to deliver the goods to the seller complete, including complete documentation, undamaged, unused and in original packaging if possible.

10.11. Returns send through cash on delivery will not be taken over by the seller. It is recommended to insure the parcel. Seller shall return to the buyer without any delay within 14 days of the date of delivery of the notice of withdrawal all payments received by him in connection with the purchase contract, including the cost of transport, delivery and postage, and other costs and charges . The seller is not obliged to return to the buyer payments under this General terms and conditions prior to delivery of the goods or until the buyer shows the return of the goods back to the seller unless the seller suggests that the goods will be picked up personally or through a person authorised to do so.

10.12 Buyer shall bear the costs for returning the goods to the seller. The goods are returned directly to the seller or the person authorised by the seller to take over the goods. This does not apply if the seller has agreed to bear these costs himself or if seller has not fulfilled the obligation under § 3 par. (1) (i) of the Consumer Protection Act for distance selling.

10.13. Buyer is only responsible for the diminished value of the goods resulting from the treatment of the goods which is beyond the treatment necessary to ascertain the characteristics and functionality of the goods. The consumer is not liable for the diminished value of the goods if the seller has not fulfilled the information obligation on the right of the consumer to withdraw from the contract pursuant to § 3 par. (1) h) of the Act on the Protection of Consumers in the Sale at  Distance.

10.14. The seller is obliged to return purchase price to the buyer in the same way as the buyer used in his payment unless the buyer agrees to another way of refunding the payment without incurring additional charges to the buyer.

10.15. In the event that the buyer withdraws from the purchase contract and delivers damaged, incomplete or goods being used to the seller, the buyer commits to pay to the seller:

1. 1. cost for which the value of the goods has been reduced in accordance with Section 457 of the Civil Code in the real amount
   2. costs incurred by the seller in repairing the goods and putting them in their original condition calculated according to the price list for post-warranty service.

Buyer is obliged to pay to the seller within the meaning of this point of General terms and conditions the maximum amount of difference between the purchase price of the goods and the value of the goods at the time of withdrawal from the purchase contract.

10.16. In accordance with article § 7 par. 6 of the Consumer Protection Act for distance selling, the buyer can not withdraw from the contract, which is subject to:

• the sale of goods made according to the specific requirements of the consumer, custom-made goods or goods specifically intended for a single consumer,
• the sale of goods contained in a protective package which is not appropriate to be returned for health or hygiene reasons and whose protective packaging has been tampered with after delivery,
• sale of phonograms, image recordings, sound recordings, books or computer software sold in the protective packaging, if the consumer has unpacked the packaging,
• the provision of electronic content other than on a tangible medium if its provision has been initiated with the express consent of the consumer and the consumer has declared that he has been duly instructed to lose the right to withdraw from the agreement by expressing such consent.
• the sale of goods that has been assembled, assembled or used in the time after the conclusion of the contract and the taking over of the goods from the seller to the buyer in such a way that its resumption to the original condition by the seller is not possible without incurring increased effort and increased costs, assembled or assembled furniture and the like.

10.17. The provisions of article 10 of these General terms and conditions explicitly do not apply to entities not complying with the consumer definition set forth in article § 2  a) of the Act.

11. Final provisions

11.1. In case of a written purchase contract any changes must be in writing.

11.2. The parties have agreed that the communication between them will be in the form of e-mail messages.

11.3. Relationships not governed by these General terms and conditions are governed by the relevant provisions of the Civil Code, the Act, 22/2004 Z.z. on electronic commerce and amending Act no. 128/2002 Z.z. on state control of the internal market in consumer protection matters and on the amendment of some laws, as amended by Act No. 284/2002 Z.z. as subsequently amended and Act no. 102/2014 Z.z. on consumer protection in the case of distance selling.

11.4. These General terms and conditions become effective against the buyer by entering into a purchase agreement.

11.5. Buyer will be prompted before sending an order by ticking the box to confirm that he has become familiar with, read, understand and agree with these General terms and conditions.

11.6. The seller reserves the right to change these General terms and conditions. The obligation to notify about changes to the General terms and conditions in writing is fulfilled by placing it on the website www.safer-bike.com. However, the valid contract is governed by the General terms and Conditions at the time it was concluded.

12. Alternative Dispute Resolution

12.1. Buyer has the right to ask the seller for remedy if buyer feels that the seller has breached his rights or not resolved a complaint so that buyer is also satisfied. If seller fails to answer or responds within 30 days upon request, the consumer may file a petition for alternative dispute resolution of an ADR entity under the Act 391/2015 Zz. According to § 3 of Act 391/2015 Z.z. ARSs are bodies and authorised legal entities. The proposal may be submitted by the consumer according to the method specified in article §12 of Act 391/2015 Z.z. The application may also be submitted online through the RSO Alternative Dispute Resolution Platform.

Alternative dispute resolution is reserved exclusively for non business consumers not for a business customers. The dispute is resolved between the consumer and the seller who has signed a distance contract and whose claim exceeds EUR 20. The maximum fee ARS may require is EUR 5 from the buyer to cover the costs.

NOTICE:

These General terms and Conditions have been prepared for Matej Kubiš – REFLEXTO, ID: 51136708, Internátna 28, 97404 Banská Bystrica, Slovakia by Krši sro, Hviezdoslavova 275/27, Žiar nad Hronom 965 01, Slovakia, IČO: 50 532 464, which reserves copyright to this copy. Any use of this work or its part (reproduction, copying, scanning or other dissemination of texts, spreadsheets, and other parts of this work) in a mechanical or electronic way without prior written permission from Krší s.r.o. such use is strictly forbidden.

Cancelation form – download PDF

Buyer’s right to withdraw from the purchase contract – download PDF

Return form – download PDF