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  1. Terms and conditions

Terms and Conditions

COMMERCIAL COMPANY KELLYS BICYCLES CZECH REPUBLIC S.R.O., WITH ITS REGISTERED OFFICE AT HRANICE, HRANICE I - CITY, HAVLÍČKOVA 426, PSČ 753 01,IČ: 253 86 476,REGISTERED IN THE COMMERCIAL REGISTER MAINTAINED BY THE REGIONAL COURT IN OSTRAVA, SECTION C, INSERT 17267,FOR THE SALE OF GOODS THROUGH THE ON-LINE SHOP LOCATED AT THE INTERNET ADDRESSHTTPS://WWW. KELLYSBIKE.COM/

PAGE 1

GENERAL PROVISIONS

1.1

These Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") of KELLYS BICYCLES CZECH REPUBLIC s.r.o. regulate the mutual rights and obligations of the parties, i.e. the company KELLYS BICYCLES CZECH REPUBLIC s.r.o. and other natural or legal persons, before and at the conclusion of the purchase contract, as well as the rights and obligations of the parties arising from the purchase contract concluded between KELLYS BICYCLES CZECH REPUBLIC s. r.o. as the seller (hereinafter referred to as the "Seller") and another natural or legal person as the buyer, all in connection with the sale of goods - bicycles and their accessories through the online store operated by the KELLYS BICYCLES CZECH REPUBLIC s.r.o. at the Internet address http://www.kellysbike.com (hereinafter referred to as the "Online Store").

1.2

The Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Seller's Online Shop and other related legal relations.

1.3

The Seller may unilaterally change or supplement the wording of these Terms and Conditions. This provision shall not affect the rights and obligations of the parties arising during the period of effectiveness of the previous version of the Terms and Conditions.

1.4

The Terms and Conditions are freely accessible on the Internet at http://www.kellysbike.com/cs/obchodni-podminky and the Buyer is therefore allowed to archive and reproduce them. In addition, the Terms and Conditions shall be delivered to the Buyer in text form together with the order confirmation and invoice to the Buyer's electronic address.

PAGE 2

CONTRACTING PARTIES AND TYPES OF PURCHASE AGREEMENTS

2.1

The Seller is always the company KELLYS BICYCLES CZECH REPUBLIC s.r.o. with its registered office in Hranice, Hranice I - Město, Havlíčkova 426, Postal Code 753 01, ID No. : 253 86 476, a limited liability company registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 17267 (hereinafter referred to as the "Seller"). The Seller is a business entity engaged in the sale of bicycles and their accessories.

2.2

The Purchaser may be a natural person who, when concluding and performing the contract, acts outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession (hereinafter referred to as the "Consumer"). In such a case, the concluded purchase contract is a so-called consumer contract within the meaning of the provisions of Section 1810 et seq. of Act No. 89/2012 Coll., as amended.

2.3

The Purchaser may also be a natural person who independently carries out a gainful activity on his own account and responsibility by means of a trade or similar activity with the intention of doing so on a continuous basis for profit and who acts within the scope of this gainful activity when concluding and performing the contract, or any legal entity (hereinafter all such persons referred to as "Entrepreneur"). In the event that the Buyer - natural person enters his/her identification number when registering in the Online Shop, it is assumed that the Buyer is acting within the scope of his/her gainful activity.

2.4

If the term "Consumer" is used in a provision of these Terms and Conditions, then the provision in question does not apply to the Buyer - Entrepreneur, and conversely, if the term "Entrepreneur" is used in a provision of these Terms and Conditions, then the provision in question does not apply to the Buyer - Consumer. In cases where it is not necessary to distinguish between the Business and the Consumer, these Terms and Conditions collectively refer to these entities as the "Buyer".

2.5

The purchase contract concluded between the Seller and the Buyer through the Online Store shall be governed by the provisions of these Terms and Conditions and, in matters not expressly provided for in these Terms and Conditions, shall be governed by the relevant generally binding legislation, in particular the legislation of the Civil Code, Act No. 89/2012 Coll., as amended (hereinafter referred to as the "Civil Code").

Article 3

USER ACCOUNT

3.1

Based on the Buyer's registration made in the Online Shop, the Buyer may access his/her user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as "User Account").

3.2

When registering in the Online Shop and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

3.3

Access to the User Account is secured by an electronic address and password. The Buyer shall maintain the confidentiality of the information necessary to access his User Account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer.

3.4

The Buyer is not entitled to allow third parties to use his User Account.

3.5

The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment by third parties.

PAGE 4

ORDER OF GOODS AND PURCHASE AGREEMENT

4.1

The Seller publishes in its Online Shop a catalogue of the goods offered for purchase, including the prices of each item offered. The offer of goods for purchase and the prices of such goods shall remain valid for as long as they are displayed in the Online Shop.

4.2

To order goods in the Online Shop, the Buyer must click on the "Add to Cart" item next to the type of goods they want. The Buyer then clicks on the "Basket" item to access the order form, which consists of the three steps below: a) in the first step, the Buyer is obliged to provide his billing address truthfully, correctly and completely, b) in the second step, the Buyer is obliged to select the payment method for the goods selected in the Online Store and the delivery method, c) the third and final step is the Buyer's acceptance of the Terms and Conditions and the final confirmation of the order by the Buyer by clicking on the box marked "Order binding payment", at the same time the payment operation in the Global Payments system will take place in case of selecting the payment method On-line payment (hereinafter referred to as "Order").

4.3

Before final confirmation of the Order as set out above, the Buyer shall be allowed to check and change the information provided by the Buyer in the Order in the previous steps.

4.4

By final confirmation of the Order, the Buyer reaffirms that he has read the wording of the Terms and Conditions and that he agrees to the Terms and Conditions.

4.5

The Seller's publication of the Goods in the catalogue in the Online Shop is an offer subject to the Seller's exhaustion of stock or loss of ability to perform. The Seller undertakes to disclose to the Consumer, well in advance of the conclusion of the Purchase Contract, the information pursuant to Section 1820, Paragraph 1 of the Civil Code. The Buyer's order constitutes acceptance of the Seller's offer to conclude the Purchase Contract. Therefore, the contractual relationship (purchase contract) between the Seller and the Buyer arises upon delivery of the Buyer's Order. Upon receipt of the Order, the Seller shall promptly send the Buyer by electronic mail a confirmation of receipt of the Buyer's Order, to the Buyer's electronic mail address used by the Buyer when logging into the Online Store, together with other details specified in paragraph 4.6 of this Article of the Terms and Conditions.

4.6

Acknowledgement of receipt of the Order by the Seller sent to the Buyer's electronic address shall contain the Purchase Agreement in text form, the Order number, the date and time of the Order by the Buyer, the method of payment, the subject of the Purchase Agreement - the selected goods and their price including postage, the method of transport and the delivery and billing address. Together with the confirmation of receipt of the Order, the Buyer will also receive the invoice (tax document) for the ordered goods and the Terms and Conditions to his/her electronic address.

4.7

The Buyer acknowledges that the Seller is not obliged to enter into a purchase contract with the Buyer, or is entitled to cancel an already concluded purchase contract, without any further claims from the Buyer, especially if the ordered goods are sold out, if the Seller has unpaid overdue receivables from the Buyer, as well as in other cases specified in the law or in the Terms and Conditions. The Seller reserves the right not to conclude a purchase contract with the Buyer or to cancel the Order (concluded purchase contract) in the event that:

  • a) there is a completely obvious error concerning the price or descriptions of the product in the catalogue of goods,
  • b) the goods are no longer manufactured,
  • c) the goods are no longer supplied,
  • d) the price of the goods has changed significantly at the supplier of the goods,
  • e) the goods display a manifestly erroneous purchase price in the Online Shop; or
  • f) the goods have been marked as "Currently Unavailable" and it is not possible to supply or replace those goods with other goods, or if the purchase price of the goods has increased and the Buyer has not accepted the increased purchase price prior to the formation of the contract of sale.

4.8

The Buyer consents to the use of remote means of communication in concluding the Purchase Contract. Costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs, etc.) shall be borne by the Buyer. The amount of the costs for the use of remote means of communication shall be governed by the contract between the Buyer and his internet connection provider or his electronic communications service provider, mobile operator, etc.

4.9

The purchase contract may be concluded in the Czech language.

4.10

The concluded Purchase Agreement will be stored with the Seller and will be made available to the Consumer upon request.

PART 5

PREPARATION AND DELIVERY OF GOODS (DELIVERY ORDER)

5.1

The methods of delivery of the goods purchased in the Online Shop are determined by the Seller as follows: - if the purchased goods are a bicycle, the bicycle will be delivered to the Buyer exclusively through the retail outlet designated by the Buyer when placing the Order, by the Buyer selecting this outlet from the list of outlets offered in 2. If the purchased goods are bicycle accessories, the purchased bicycle accessories will be delivered to the Buyer via a carrier - PPL to the Buyer's address specified in the Order, - if the Buyer purchases a bicycle and accessories in the Seller's Online Shop, the delivery of the goods to the Buyer will be the same as in the case of the bicycle, i.e. the bicycle and accessories will be delivered to the Buyer exclusively through the retail outlet designated by the Buyer when placing the Order, by the Buyer selecting this outlet from the list of outlets offered in 2. Step 2 of the Order - Shipping.

5.2

Delivery time is up to 5 working days for bicycles, provided that within this period the bicycle will be ready for collection by the Buyer at the retail outlet selected by the Buyer in the Order. The Buyer will be informed by the Seller about the possibility of picking up the purchased bicycle at the retail outlet via the Buyer's contact details provided in his User Account (in particular via e-mail address or telephone number).

5.3

The delivery period for accessories is up to 14 days, provided that within this period the purchased accessories will be delivered to the Buyer's address by PPL and, if the accessories were ordered together with the bicycle, the accessories will be ready for collection by the Buyer at the retail outlet selected by the Buyer in his/her Order.

5.4

Where goods from the Online Shop are delivered by PPL, the carriage shall be governed by PPL's terms and conditions of carriage published on the Internet at https://www.ppl.cz/dokumenty/obchodni-podminky

.

5.5

Along with the bicycle, the Buyer is also supplied with an instruction manual.

5.6

The delivery of the goods to the Buyer is subject to full payment of the purchase price in the case of non-cash payment.

5.7

In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly, the Buyer shall pay the costs associated with the repeated delivery of the goods.

PART 6

PURCHASE PRICE AND TERMS OF PAYMENT

6.1

The purchase prices listed in the Online Shop for each type of goods already include value added tax at the current rate. However, the purchase price does not include the shipping fee, which amounts to CZK 69,-, but in the case of an Order of goods priced above CZK 500,- (in words:one thousand Czech crowns), the Buyer is not charged the shipping fee.

6.2

The Buyer may pay the purchase price of the Goods to the Seller in the following ways : - by cash on delivery in case the goods are accessories, whereby the Buyer shall pay the purchase price of the accessories at the time of receipt of the goods from the carrier, in cash or by credit card, - through the Global Payments online payment system in case the goods are a bicycle or a bicycle and accessories at the same time, in which case the Seller shall not be liable for any damage incurred by the Buyer in connection with the use of this payment system; in cases where goods from the Online Shop are paid for by the Buyer through the Global Payments online payment system, the payment operations are governed by Global Payments' terms and conditions published on the Internet at https: //www. globalpayments.cz/en-cz/contacts

6.3

Along with the purchase price, the Buyer shall also pay to the Seller any costs associated with the delivery of the goods referred to in paragraph 6.1 of this Article of the Terms and Conditions.

6.4

In the case of payment on delivery, the purchase price is payable on receipt of the goods (before their acceptance), for this type of payment the Buyer is charged a fee of 25,- CZK.

6.5

In case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's bank account.

6.6

The Seller shall issue a tax document - invoice to the Buyer for the payment made on the basis of the Purchase Agreement. The Seller is a payer of value added tax. The tax document - invoice issued by the Seller to the Buyer shall be sent by the Seller to the Buyer in electronic form to the Buyer's electronic address upon confirmation of the Order.

PAGE 7

CONTRACT WITHDRAWAL BY CONSUMER

7.1

The Consumer shall have the right to withdraw from the Purchase Contract without giving any reason within 14 days of receipt of the Goods and, if the subject of the Purchase Contract is several types of Goods, within 14 days of receipt of the last delivery of the Goods. The withdrawal period shall be deemed to be maintained if the Consumer makes a declaration to the Seller during the withdrawal period that he/she withdraws from the contract.

7.2

The Consumer may withdraw from the Purchase Contract by any unequivocal statement made to the Seller. If the Consumer decides to withdraw from the contract, he/she may do so in writing to the address for sending the returned goods: which isKellys Factory StoreDukelská třída 1713/7500 02 Hradec Královéwith an indication of the account number or address for the refund.

7.3

The Consumer undertakes to send the purchased goods to the Seller together with the withdrawal from the contract, but no later than within 14 days of the withdrawal from the contract, in the condition in which they were delivered to him, i.e. complete, with all documentation and accessories, undamaged and unused, with proof of purchase, unless the Seller has offered to collect the goods himself. The Consumer shall be liable to the Seller for any diminution in the value of the Goods resulting from the handling of the Goods other than that necessary to acquaint him with the nature, characteristics and functionality of the Goods. The Seller shall be entitled to unilaterally set off any such claim against the Consumer's claim for a refund of the purchase price. If the Consumer withdraws from the Purchase Contract, the Seller shall return to the Consumer, without undue delay, and no later than within fourteen days of withdrawal from the Purchase Contract, all monies, including delivery costs, received from the Consumer under the Purchase Contract in the same manner, unless the Consumer has chosen a different method and unless the Consumer incurs additional costs. If the Consumer has chosen a method of delivery of the Goods other than the cheapest method offered by the Seller, the Seller shall reimburse the Consumer for the cost of delivery of the Goods in the amount corresponding to the cheapest method of delivery offered. The Seller shall not be obliged to refund the funds received to the Consumer before the Consumer receives the Goods or before the Consumer proves to the Seller that he has returned the Goods, whichever is earlier.

7.4

To withdraw from the Contract, the Consumer may also use the withdrawal form published on the Seller's Online Shop.

7.5

In the event of the Consumer's withdrawal from the Contract, the Purchase Contract shall be cancelled from the outset. If the Consumer has withdrawn from the contract, the obligations under all ancillary contracts shall terminate at the same time as the obligation under the main contract at no cost to the Consumer, with the exception of payments pursuant to Sections 1832(2), 1833 and 1834 of the Civil Code.

7.6

The Consumer acknowledges that if the goods returned by him are damaged or worn out, the Seller shall be entitled to compensation from the Consumer for the damage caused to him. The Seller is entitled to unilaterally set off the claim for payment of the damage against the Consumer's claim for a refund of the purchase price.

PART 8

Consumer's rights arising from defective performance and their enforcement (COMPLAINT REGULATION)

8.1

The Consumer shall be entitled to complain about a defect that becomes apparent in the goods (hereinafter also referred to as a "complaint") within two years of receipt. Acceptance of the goods means the moment the Consumer takes delivery of the goods from the carrier or the moment the Consumer takes delivery of the goods at the retail outlet selected by the Consumer in the Order. If the Consumer has rightly accused the Seller of a defect, the period under the first sentence of this paragraph of these Terms and Conditions shall not run for the period during which the Consumer cannot use the goods.

8.2

The Seller shall be liable to the Consumer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Consumer that, at the time the Consumer took delivery of the goods, the goods:

  • a) corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
  • b) is fit for the purpose for which the Consumer requires it and to which the Seller has agreed, and
  • c) is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation.

The Seller shall be responsible to the Consumer that, in addition to the agreed features:

  • a) the goods are fit for the purpose for which goods of that kind are normally used, including with regard to third party rights, legislation, technical standards or industry codes of practice, where there are no technical standards,
  • (b) the goods correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind which the Consumer may reasonably expect, also having regard to public statements made by the Seller or by another person in the same contractual chain, in particular advertising or labelling,
  • c) the goods are supplied with accessories, including packaging, assembly instructions and other instructions for use which the Consumer may reasonably expect; and
  • d) the goods correspond in quality or workmanship to the sample or sample provided by the Seller to the Consumer before the conclusion of the contract.

If a defect appears within one year of receipt, the goods shall be deemed to have been defective on receipt unless the nature of the goods or the defect precludes it.

8.3

The Seller shall also be liable to the Consumer for any defect caused by improper assembly or installation carried out by or under the responsibility of the Seller pursuant to the Contract. This also applies if the assembly or installation was carried out by the Consumer and the defect is due to a deficiency in the instructions provided by the Seller.

8.4

If the nature of the purchase so permits, the Consumer shall have the right to have the goods re-inspected before him or to have their functions demonstrated. If the goods do not have the characteristics set out in paragraph 8.2 of this Article of these Terms and Conditions, the Consumer may demand that the defect be rectified. At his option, he may demand the delivery of new goods without defect or the repair of the goods, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value that the goods would have without the defect and whether the defect can be removed by the other method without significant difficulties for the Consumer. The seller may refuse to remedy the defect if it is impossible or disproportionately costly to do so, having regard in particular to the significance of the defect and the value the goods would have had without the defect.

8.5

The Consumer may claim a reasonable reduction in the purchase price or withdraw from the contract if (a) the Seller has refused or failed to remedy the defect, (b) the defect is repeated, (c) the defect is a material breach of contract, or (d) it is apparent from the Seller's statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience to the Consumer. The reasonable discount shall be determined as the difference between the value of the goods without defect and the defective goods received by the Consumer. The Consumer may not withdraw from the contract if the defect in the goods is insignificant; the defect shall be deemed not to be insignificant. If the Consumer withdraws from the contract, the Seller shall refund the purchase price to the Consumer without undue delay after he has received the goods or after the Consumer has proved to him that he has sent the goods.

8.6

The Seller shall deal with the Consumer's complaint, including any rectification of the defect, within a reasonable time after the defect has been identified, so as not to cause the Consumer significant inconvenience, taking into account the nature of the goods and the purpose for which the Consumer purchased the goods, within 30 days of the date of the complaint, i.e. within 30 days of delivery of the goods, including all information and documents necessary to make the complaint, to the Seller at its address or retail outlet as set out above. The Seller shall take over the goods at its own expense to eliminate the defect. If this requires dismantling of the goods, the assembly of which was carried out in accordance with the nature and purpose of the goods before the defect became apparent, the Seller shall dismantle the defective goods and assemble the repaired or new goods or pay the costs thereof. If the Consumer fails to take possession of the goods within a reasonable time after the Seller has notified the Consumer of the possibility of taking possession of the goods after repair, the Seller shall be entitled to payment for storage at the usual rate.

8.7

In the event of a complaint, the Consumer shall be entitled to reimbursement of the costs associated with the complaint (in particular the postage paid by the Consumer in sending the goods complained of).

8.8

The Seller shall issue to the Consumer a confirmation of when the Consumer exercised the right, what is the content of the complaint and the method of handling the complaint requested by the Consumer; as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification for rejecting the complaint.

PAGE 9

FURTHER RIGHTS ARISING OUT OF FAULTY AND THE APPLICATION THEREOF

9.1

If the Buyer has purchased only accessories in the Online Store, the Buyer is obliged to file a claim for such accessories with the Seller - KELLYS BICYCLES CZECH REPUBLIC s.r.o., at its address Kellys Factory Store, Dukelská třída 1713/7, 500 02 Hradec Králové, via PPL, and the Buyer shall enclose the claimed goods and a copy of the invoice with the cover letter describing the reasons for the claim. The Buyer will be notified of the result of the complaint at the e-mail address specified in his User account.

9.2

In the event that the Buyer has purchased only a bicycle or a bicycle and accessories in the Online Shop, the claim is always handled by the Seller through the retail outlet designated by the Buyer when placing the Order and through which the claimed bicycle and, if applicable, the accessories purchased together with the bicycle were delivered to the Buyer. The Buyer is obliged to make a claim at the shop so designated and is obliged to submit a copy of the invoice together with the goods claimed.

9.3

Defects of goods purchased in the Online Shop may be claimed, but the Buyer shall not be entitled to rights under defective performance in the case of the following defects: - defects caused by the Buyer himself, - defects caused by damage due to events of force majeure (fires, floods, earthquakes, etc.), - defects caused by improper use of the goods for purposes for which the goods are not intended, - defects caused by normal wear and tear, - defects caused by unprofessional interventions in the construction of the goods, - defects caused in the case of bicycles by handling contrary to the instructions for use or these Terms and Conditions, - in the case of bicycles, the warranty does not also cover defects specified in the instructions for use, - defects to which the Seller has specifically warned the Buyer before concluding the contract.

9.4

The Buyer is also obliged to have the bicycles regularly inspected by a professional bicycle service centre after every 500 kilometres travelled, but at least once a year. In the event of a subsequent claim, the Buyer shall have the relevant professional bicycle repair shop confirm in writing that the professional bicycle repair has been carried out in order to be able to properly prove this fact to the Seller. The Seller shall not be liable to the Buyer for any defects in the bicycle caused by the Buyer's delay or failure to comply with this obligation.

9.5

In addition to all of the above, the Buyer's rights arising from defective performance shall not apply even if the Buyer stores the purchased goods in unsuitable conditions (e.g. increased dust and humidity of the environment, etc.).

9.6

The expiry of the lifetime of the goods (e.g. for batteries supplied together with certain accessories the lifetime is approximately 6 months) shall not be considered as a defect of the goods.

9.7

If the Seller provides a quality guarantee for the Goods, the Seller will issue a warranty certificate for the Goods which will state the conditions under which the quality guarantee is provided. In the event of any claim under the quality guarantee so given, the warranty certificate must always be produced, otherwise the rights under the quality guarantee cannot be exercised.

9.8

In matters not expressly provided for in these Terms and Conditions, the rights and obligations arising from defective performance shall be governed by the relevant provisions of generally applicable law.

PART 10

SERVICE

10.1

Any negotiations, notices, messages or other acts relating to the Purchase Contract must be delivered to the other Party in writing by electronic mail, in person or by registered mail through a postal service provider (at the sender's choice). The Buyer shall be served at the e-mail address specified in his User Account.

10.2

Notices, messages, notices and other acts shall be delivered to the other party in the following situations : - in the case of delivery by electronic mail, upon receipt by the incoming mail server, - in the case of delivery by hand or through a postal service provider, upon acceptance of the item by the addressee, - in the case of delivery by hand or through a postal service provider, also by refusal to accept the item, if the addressee (or the person authorised to receive the consignment on his behalf) refuses to accept the consignment, - in the case of delivery through a postal service operator, by the expiry of a period of fifteen (15) days from the deposit of the consignment, if the consignment is deposited with the postal service operator, even if the addressee has not been informed of the deposit.

Article 11

FURTHER PROVISIONS

11.1

The Purchaser acknowledges that the software and other components of the Online Shop (including photographs of the goods offered) are protected by copyright. The Buyer agrees not to take any action that may enable him or third parties to interfere with or make unauthorised use of the software or other components of the Online Shop.

11.2

The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820, paragraph 1, letter n) of the Civil Code.

11.3

Personal data of the Buyers are stored in accordance with generally binding legal regulations, in particular the Act on the Processing of Personal Data No. 110/2019 Coll. and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, as amended. The protection and processing of personal data of the contracting parties and the handling thereof shall be governed, in addition to generally binding legal provisions, by the Seller's personal data processing policy published by the Seller on the Internet at https://kellysbike.com/cs/ochrana-osobnych-udajov-cs.

11.4

The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.

11.5

In case of a dispute between the Consumer and the Seller, the Consumer may use the possibility of out-of-court settlement of a consumer dispute with the Czech Trade Inspection (http://www.coi.cz). The rules of the consumer dispute resolution procedure are set out on the website of the Czech Trade Inspection. Out-of-court consumer dispute resolution can also be conducted with the European Commission on the website https://webgate.ec.europa.eu/odr/.

11.6

The trade inspection of the Seller is carried out by the competent trade licensing authority within its competence. Supervision of the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with the Consumer Protection Act within a defined scope. The purchaser is entitled to lodge a complaint with the above-mentioned authorities or other competent state administration authorities.

11.7

For the sake of clarity, it is expressly stated that the following provisions of these Terms and Conditions, namely, Article 4, paragraph 4.5, second sentence, Article 4, paragraph 4.10, Article 7, Article 8, Article 11, paragraph 11.5, apply only to the Consumer and thus do not apply to the persons of the Purchaser who are referred to in these Terms and Conditions as the "Entrepreneur".

11.8

These Terms and Conditions shall take effect on 01.07.2023

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