This website is operated by Equinox Europe. Throughout the site, the terms “we”, “us” and “our” refer to Equinox Europe. Equinox Europe offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
BUSINESS TERMS AND CONDITIONS
of the business corporation
Equinox Europe, s.r.o.
Registered seat: Karásek 2121/11, Brno
Identification number: 29224276
Registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 66872
for sale of the goods via on-line store on the website address www.equator-cycling.com
1. INTRODUCTORY PROVISIONS
1.1 These Business Terms and Conditions (hereinafter the “Business Terms”) of the business corporation Equinox Europe, s.r.o., with its registered seat at Karásek 2121/11, Brno, Identification number: 29224276, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 66872 (hereinafter the “Seller“) regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”) mutual rights and obligations of the parties established in relation to or based on the purchase contract (hereinafter the “Purchase Contract”) entered into between the buyer and another natural person (hereinafter the “Buyer”) via the Seller’s internet store. The internet store is operated by the Seller on the website at the internet address www.equator-cycling.com (hereinafter the “Website”) via the Website interface (hereinafter the “Store’s Website Interface”).
1.2 The Business Terms do not apply to the case when the person going to buy goods from the Seller is a legal entity or an entity/person, which/who acts in ordering the goods within their business operations or independent performance of employment.
1.3 The provisions different from the Business Terms may be agreed in the Purchase Contract. Any different provisions in the Purchase Contract prevail over the provisions of the Business Terms.
1.4 The provisions of the Business Terms form an integral part of the Purchase Contract. The Purchase Contract and the Business Terms are executed in Czech. The Purchase Contract may be entered into in Czech.
1.5 The text of the Business Terms may be changed or amended by the Seller. This provision does not affect the rights and obligation established during the period of effectiveness.
2. USER ACCOUNT
2.1. Based on the Buyer’s registration made on the Website, the Buyer may access the Buyer’s own user interface. From their user interface, the Buyer may order the goods (hereinafter the “User Account“). If allowed by the Store’s Website Interface, the Buyer may order the goods also without registration, directly from the Store’s Website Interface.
2.2. When making registration on the Website and ordering goods, the Buyer is obliged to provide correctly and truthfully all data. The Buyer is obliged to update the details provided in the User Account in the case of its change. The data provided by the Buyer in the User Account and when ordering the goods is considered by the Seller as correct.
2.3. The Buyer is obliged to maintain the confidentiality of information necessary to access the Buyer’s User Account.
2.4. The Buyer is not authorized to allow using the User Account by any third parties.
2.5. The Seller may cancel the User Account, especially if the Buyer does not use their User Account for more than 1 year, or if the Buyer breaches their obligations according to the Purchase Contract (including Business Terms).
2.6. The Buyer notes that the User Account may not be available non-stop, especially with regard to the necessary maintenance of the Seller’s hardware and software, or the required maintenance of hardware and software of third parties.
3. ENTERING INTO THE PURCHASE CONTRACT
3.1. Any presentation of goods on the Store’s Website Interface is informative, and the Seller is not obliged to conclude a Purchase Contract for such goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. The Store's Website Interface contains information about the goods. Prices of the goods prices are quoted including value added tax and all related fees. Prices of the goods remain valid for the period they are displayed on the Store's Website Interface. This provision does not limit the Seller's possibility to conclude a Purchase Contract under individually negotiated terms.
3.3. The Store's Website Interface also contains information about the costs relating to delivery of the goods. To order the goods, the Buyer shall complete the order form in the Store's Website Interface. The order form particularly includes the information about:
3.3.1. The ordered goods (the Buyer shall “put” the ordered goods in the electronic cart of the Store's Website Interface)
3.3.2. Method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods, and
3.3.3. Information about the costs relating to delivery of the goods (hereinafter jointly referred to as the “Order”).
3.4. Before sending the order to the Seller, the Buyer will be allowed to check and alter the data input by the Buyer in the order, including with regard to the Buyer’s option to detect and correct errors incurred upon inputting the date in the order. The Buyer shall send the order to the Seller by clicking on the “Place Order” button. The data provided in the order is considered as correct by the Seller. Immediately after receiving the order, the Seller shall confirm this fact by electronic mail to the Buyer’s electronic mail address specified in the User Account or in the order (hereinafter the “Buyer’s Electronic Address”).
3.5. The Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transportation costs).
3.6. The contractual relationship between the Seller and the Buyer is established upon delivery of the order (acceptance), which is sent to the Buyer by e-mail to the Buyer's e-mail address.
3.7. The Buyer agrees to use remote means of communication when concluding the Purchase Contract. The costs incurred by the Buyer when using the means of remote communication in connection with concluding the Purchase Contract (costs of internet connection, telephone call costs) are paid by the Buyer, and the costs do not differ from the basic rate.
4. PRICE OF THE GOODS AND THE PAYMENT TERMS
The price of the goods and the possible costs relating to delivery of the goods according to the Purchase Contract shall be paid by the Buyer by wire transfer into the Seller’s account; the account number and the bank details shall be received by the Buyer separately by e-mail and/or by payment gate (payment by card).
4.1. Along with the purchase price, the Buyer is obliged to pay the Seller also the costs relating to packing and delivery of the goods in the agreed amount. Unless expressly specified otherwise, the purchase price shall also include the costs relating to delivery of the goods.
4.2. The Seller requires from the Buyer to pay a deposit in the amount of 100% of the purchase price in advance.
4.3. In the case of cashless payment, the purchase price is payable within 3 business days after entering into the Purchase Contract.
4.4. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods with specification of the payment variable symbol. In the case of cashless payment, the Buyer’s commitment to pay the purchase price is fulfilled at the moment the respective amount is credited into the Seller’s account.
4.5. Discounts from the price of the goods provided by the Seller to the Buyer, if any, cannot be combined.
4.6. The Seller shall issue an advance and/or final commercial invoice to the Buyer. The Seller is a payer of value added tax.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the Purchase Contract for delivery of goods that have been customised according to the Buyer's wish or for the Buyer, from the Purchase Contract for delivery of perishable goods as well as the goods, which have been irreversibly mixed with other goods after delivery, from the Purchase Contract for delivery of goods in a sealed packaging, which the consumer has removed from the packaging, and for hygienic reasons such goods cannot be returned, and from Purchase Contract for delivery of an audio or video recording or a computer programme, if the original packaging has been unsealed.
5.2. Except for the case referred to in Article 5.1 of the Business Terms or in another case when the Purchase Contract cannot be cancelled, the Buyer is entitled to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, within (14) days from the date of takeover of the goods, and in the case that several types of goods or delivery of several parts is the subject of the Purchase Contract, the said term shall run from the date of the last delivery of the goods. Withdrawal from the Purchase Contract must be sent to the Seller within the term specified in the previous sentence. The Buyer may send the notice of withdrawal from the Purchase Contract among others to the address of the Seller’s establishment or to the Seller’s electronic mail address.
5.3. In the case of withdrawal from the Purchase Contract according to Article 5.2 of the Business Terms, the Purchase Contract shall become null and void. The goods must be returned to the Seller within fourteen (14) days from delivery of the notice of withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the cots relating to returning the goods to the Seller including the case when the goods cannot be returned due to their character by normal manner by post.
5.4. In the event of withdrawal from the Purchase Contract under Article 5.2 of the Business Terms, the Seller shall return the funds received from the Buyer within 14 (fourteen) days after the Buyer’s withdrawal from the Purchase Contract in the same manner as the Seller has received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer as early as upon returning the goods to the Buyer or otherwise, provided that the Buyer agrees, and the Buyer shall incur no additional costs. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that the goods have been dispatched to the Seller.
5.5. The Seller is entitled to unilaterally set off the right to compensation of damage to the goods against the Buyer's right for a refund of the purchase price.
5.6. In the cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provision of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer takes over the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay by wire transfer into the account specified by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with the resolutive condition that if the Buyer withdraws from the Purchase Contract, the gift agreement cease to be effective for the respective gift, and the Buyer is obliged to return the goods to the Seller along with the provided gift.
6. TRANSPORT AND DELIVERY OF THE GOODS
6.1. If the mode of transport is agreed upon based on a Buyer's special request, the Buyer shall bear the risk and any additional costs associated with such mode of transport.
6.2. If the Seller is obliged to deliver the goods according to the Purchase Contract to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
6.3. If for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a manner different from that stated in the order, the Buyer will be obliged to pay the costs associated with the repeated delivery of the goods, respectively the costs associated with the different method of delivery.
6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the case of violation of integrity of the packaging indicating unauthorized intervention in the consignment, the Buyer is not required to take over the consignment from the carrier.
6.5. Other rights and obligations of the parties during the transport of the goods may be governed by special delivery terms of the Seller, if issued by the Seller
7. GUARANTEE TERMS
7.1. For download see “Service” section.
8. RIGHTS RESULTING FROM DEFECTIVE PERFORMANCE
8.1. The rights and obligations of the parties regarding defective performance are governed by the applicable generally binding legal regulations (in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
8.2. The Seller is responsible to the Buyer that the goods are free from defects upon takeover. The Seller is particularly responsible to the Buyer that at the time the Buyer took over the goods:
8.2.1. The goods have the features that the parties have agreed, and if there is no such agreement, the features, which the Seller or the manufacturer described, or which the Buyer expected with regard to the nature of the goods, and based on advertising made by them,
8.2.2. The goods are fit for the purpose of the use specified by the Seller, or for which the goods of such kind are normally used.
8.2.3. The goods correspond by their quality or design to the agreed sample or model, if the quality or design has been determined according to the agreed sample or model,
8.2.4. The goods have the corresponding quantity, extent or weight (the weight may differ to 7% at maximum), and
8.2.5. The goods comply with the requirements of legal regulations.
8.3. The provisions of Article 7.2 of the Business Terms shall not apply to the goods sold at a lower price with a defect, due to which such lower price has been agreed, in the case of wear and tear of the goods due to their normal use, to defects of used goods corresponding to the extent of use or wear and tear the goods showed upon takeover by the Buyer, or if it results from the nature of the goods.
8.4. The Buyer is entitled to claim the right from defect that appear in consumer goods within twenty-four months after the takeover.
8.5. The rights resulting from defective performance shall be claimed by the Buyer at the address of the Seller’s service centre – see the section “Service”.
8.6. Other rights and obligations of the parties relating to the Seller's liability for defects may be regulated by the Seller's Complaint Rules.
9. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
9.1. The Buyer shall acquire the title to the goods upon payment of the full price of the goods.
9.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826 (1) e) of the Civil Code.
9.3. Any consumer complaints shall be settled by the Seller via the electronic address firstname.lastname@example.org. The Seller shall send the information about settlement of the Buyer’s complaint to the Buyer’s electronic address.
9.4. For out-of-court settlement of consumer disputes resulting from the Purchase Contract, Czech Trade Inspection Authority is competent, with its registered seat at Štěpánská 567/15, 120 00 Prague 2, Identification No.: 000 20 869, internet address: https://adr.coi.cz/cs. The platform for online settlement of disputes available on website http://ec.europa.eu/consumers/odr may be utilised for settlement of disputes between the Seller and the Buyer resulting from the Purchase Contract.
9.5. European Consumer Centre, Czech Republic, with its registered seat at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to the Directive of the European Parliament and Council (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
9.6. The Seller is entitled to sell goods based on a trade licence. Trading inspection is performed by the respective trade Licensing Authority within its competency. Supervision over personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs to the defined extent the supervision over observing Act No. 634/1992 Coll. on Consumer Protection as amended.
9.7. The Buyer hereby assumes the risk of change in circumstances within the meaning of Section 1765 (2) of the Civil Code.
10. PERSONAL DATA PROTECTION
10.1. Protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/20000 Coll. on Personal Data Protection as amended.
10.2. The Buyer agrees with processing the following personal data of the Buyer: name and surname, residential address, identification number, tax identification number, electronic mail address, and telephone number (all hereinafter jointly referred to as the “personal data").
10.3. The Buyer agrees with processing the personal data by the Seller for the purpose of exercising the rights and obligations resulting from the Purchase Contract and for the purpose of keeping the User Account. If the Buyer does not choose another option, it shall be understood that the Buyer agrees with processing the personal data by the Seller also for the purposes of sending information and commercial messages to the Buyer. Absence of consent to the personal data processing in its entirety under this article is not a condition that alone would make it impossible to conclude the Purchase Contract.
10.4. The Buyer notes the obligation to provide the Buyer’s personal data (upon registration, in the Buyer’s user account, or when placing orders from the Store’s Website Interface) correctly and truthfully, and that the Buyer is obliged to inform the Seller about any change in the Buyer’s personal data without undue delay
10.5. The Seller may authorise a third party as a processor to process the Buyer’s personal data. Except for the entities transporting the goods, the personal data shall not be handed over to any third parties by the Seller without the Buyer's prior consent.
10.6. The 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 a printed form in a non-automated manner.
10.7. The Buyer confirms that the provided personal data is accurate and that the Buyer has been instructed that the data provision is voluntary.
10.8. In the case that the Buyer believes that the Seller or the processor (Article 9.5) perform processing of the Buyer’s personal data contrary to protection of the Buyer's private and personal life or contrary to any law, in particular if personal data is inaccurate in regard to the purpose of its processing, the Buyer may:
10.8.1. Ask the Seller or the processor for an explanation,
10.8.2. Require the Seller or the processor to remedy the status that resulted from the aforementioned.
10.9. If the Buyer asks for information about processing the Buyer’s personal data, the Seller is required to hand over such information. The Seller has the right to request for providing the information according to the previous sentence a reasonable compensation not exceeding the costs necessary to provide the information.
11. SENDING BUSINESS MESSAGES AND SAVING COOKIES
11.1. The Buyer agrees to send information relating to the Seller's goods, services, or the Seller’s business to the Buyer's electronic address, and also agrees to send the business messages by the Seller to the Buyer's electronic address.
11.2. The Buyer agrees to save so-called cookies on his computer. If purchase on the Website is possible and if the Seller's obligations under the Purchase Contract are possible to perform without saving so-called cookies on the Buyer's computer, the Buyer may withdraw the consent under the previous sentence at any time.
12.1. Deliveries to the Buyer may be made to the Buyer’s electronic address.
13. FINAL PROVISIONS
13.1. If the relationship established by the Purchase Contract contains an international (foreign) element, then the parties agree that the relationship is governed by the Czech law. The aforementioned does not affect the consumer's rights resulting from the generally binding legal regulations.
13.2. If any provision of the Business Terms is invalid or ineffective, or it becomes such, a provision will be introduced instead of the invalid provision, which sense will be as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice of the validity of the other provisions.
13.3. The Purchase Contract including the Business Terms will be archived by the Seller in electronic form, and will not be accessible.
In Brno, dated 01/01/2018
Equinox Europe, s.r.o.,
621 00 Brno,
Mobile phone: 00420 732 654 969,
Service centre – mobile phone: 00420 606 206 628,
Service centre – fixed line: 00420 577 212 420