Terms and Conditions
The company KELLYS BICYCLES s.r.o.,with registered office at Slnečná cesta 374, 922 01 Veľké Orvište, ID No.: 17 641 322,registered in the Commercial Register kept by the District Court of Trnava, section sro, insert No. 37/tFor the sale of goods through the on-line shop located at the following Internet address:https://www.kellysbike.com/
Article 1
General provisions
1.1
These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company KELLYS BICYCLES s.r.o., with registered office at Slnečná cesta 374, Veľké Orvište, postcode 922 01, ID No.: 17 641 322, a limited liability company registered in the Commercial Register kept at the District Court of Trnava, Section: Sro, Insert No. 37/T regulate the mutual rights and obligations of the contracting parties, i.e. the company KELLYS BICYCLES s.r.o. r.o. and another natural or legal person, before and at the conclusion of the purchase contract, as well as the rights and obligations of the parties arising on the basis of the purchase contract concluded always between KELLYS BICYCLES s.r.o. and another natural or legal person. r.o. as the seller and another natural or legal person as the buyer, all in connection with the sale of goods - bicycles (hereinafter referred to as "bicycles") and their accessories (hereinafter referred to as "accessories") through the online shop operated by KELLYS BICYCLES s.r.o. at the Internet address https://www.kellysbike.com (hereinafter referred to as "online shop").
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 amend or supplement these Terms and Conditions. This provision shall be without prejudice to the rights and obligations of the parties arising during the period of validity of the previous version of the terms and conditions.
1.4
The Terms and Conditions are freely accessible on the Internet at the following address: http://www.kellysbike.com/ and the Buyer is therefore allowed to archive and reproduce them. In addition, the Terms and Conditions are delivered to the Buyer together with the acceptance of the order and the invoice to his electronic address.
1.5
Contact details of the company:KELLYS BICYCLES s.r.o., with registered office at Slnečná cesta 374, Veľké Orvište, Postcode 922 01, ID No.: 17 641 322, limited liability company registered in the Commercial Register kept at the District Court of Trnava, Section Sro, Insert No. 37/T Tel. no.: +421 33 3213 111Email: shopsk@kellysbike.comPoštová address: KELLYS BICYCLES s.r.o., KELLYS BICYCLES s.r.o.,Kellys Bike Centrum Nitra,Mikovíniho 11, 949 11 Nitra,tel.: 421 918 499 098,Opening hours: Mon-Fri 09:00- 17:30, Sat. 09:00-12:00Kellys Bike Centrum Dunajská Streda,Galantská cesta 5634, 929 01 Dunajská Streda,tel.: 421 905 421 004,Opening hours: MON-FRI 09:00- 17:30, SAT: 09:00-12:00Kellys Factory Store Bratislava Bory,Devínska Nová Ves 7465, 841 07 Bratislava tel.: 421 907 363 056,Opening hours: MON-FRI 09:00- 17:30, SAT. 09:00-12:00Kellys Bike Centrum Košice,Prešovská cesta 3452/4A, 040 01 Košice tel.: 421 918 499 096Opening hours: MON-FRI 09:00- 17:30, SAT.: 09:00-12:00Kellys Factory Store Prešov,Sabinovská 68, 080 01 Prešovtel.: 421 918 478 941,Opening hours: MON-FRI 09:00- 17:30, SAT.: 421 918 478 941,Opening hours. 09:00-12:00(hereinafter referred to as "shop")Supervisory authority:Slovak Trade Inspection (SOI)SOI Inspectorate for the Trnava RegionPekárska 23, 917 01 Trnava 1Supervision DepartmentTel. no. 033/3212 527, 033/3212 521, fax no. 033/3212 523
Article 2
Parties and types of sales contracts
2.1
The Seller shall always be KELLYS BICYCLES s.r.o. with its registered office at Slnečná cesta 374, Veľké Orvište, Postcode 922 01, ID No.: 17 641 322, a limited liability company registered in the Commercial Register kept at the District Court of Trnava, Section Sro, Insert No. 37/T (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, is not acting within the scope of his/her trade or other business activity (hereinafter referred to as the "consumer"). In such a case, the concluded purchase contract is a so-called consumer contract within the meaning of § 52 et seq. of the Civil Code (Act No. 40/1964 Coll., as amended).
2.3
In the event that the buyer is a consumer, the purchase contract concluded between the seller and the consumer via the online shop shall be governed by the provisions of these terms and conditions and, in matters not expressly provided for in the terms and conditions, shall be governed by the relevant generally applicable legislation, in particular the Civil Code.
2.4
The purchaser may also be a natural or legal person who, in concluding and performing the contract, acts within the scope of his/her trade or other business activity (hereinafter referred to as the "entrepreneur").
2.5
If the Buyer is an entrepreneur, the purchase contract concluded between the Seller and the entrepreneur via the online shop shall be governed by the provisions of these Terms and Conditions, unless otherwise expressly stated in these Terms and Conditions, and in matters not expressly provided for in these Terms and Conditions, shall be governed by the relevant generally applicable law, in particular the Commercial Code (Act No. 513/1991 Coll., as amended).
2.6
In cases where it is not necessary to distinguish between an entrepreneur and a consumer when concluding sales contracts via the Seller's online shop, these entities are collectively referred to in these terms and conditions as "the Buyer".
Article 3
User Account
3.1
Based on the Buyer's registration made in the online shop, the Buyer may access his user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as the "user account").
3.2
When registering in the online shop and when ordering goods, the Buyer is obliged to provide all the data correctly and truthfully. The Buyer is obliged to update the data provided in the user account when making any changes to it. The data provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller. Failure by the Buyer to comply with the above obligations shall be construed against the Buyer.
3.3
Access to the user account is secured by an electronic address and password. The Buyer shall maintain confidentiality with respect to the information required to access its 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 its user account.
3.5
The Buyer acknowledges that the User Account may not be available at all times, 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.
Article 4
Order of goods and purchase contract
4.1
The Seller publishes a catalogue of the goods offered for sale in its online shop, including the prices of the individual goods offered. The offer for sale of the goods and the prices of these 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 registered and logged-in buyer must click on "Add to basket" next to the type of goods requested by him. The Buyer then clicks on the "Basket" item and is taken to the order form, which consists of the steps set out below: - in the Summary step, the buyer can see all the goods that he has put in the basket, in this step he can check the contents of the basket - in the Address step, the buyer is obliged to indicate his billing and delivery address truthfully, correctly and completely, - in the Delivery step, the buyer is obliged to agree to these terms and conditions in order to proceed further, agree to the method of delivery chosen by the Buyer, and by proceeding to the next step of Payment, the Buyer confirms the order, - in the Payment step, the Buyer is obliged to select the method of payment for the goods selected in the online store.
4.3
Before the final confirmation of the order as above, the Buyer is allowed to check and change the data provided by the Buyer in the order in the previous steps.
4.4
By the final confirmation of the order, the Buyer reaffirms that he/she has read the text of the terms and conditions, that he/she agrees to the terms and conditions and expressly confirms that he/she has been informed that the order includes the obligation to pay the price.
4.5
The Buyer's order constitutes a proposal for a contract of sale. The contractual relationship (contract of sale) between the Seller and the Buyer is established by the delivery of the order confirmation (acceptance), which is sent by the Seller to the Buyer by electronic mail, to the Buyer's electronic mail address used by the Buyer when logging into the online shop.
4.6
Acknowledgement of order acceptance sent by the Seller to the Buyer's electronic mail address shall include the order number, the date and time the Buyer placed the order, the method of payment, the subject matter of the Purchase Agreement - the selected Goods and their price, including postage, the method of transport and the delivery and billing address. The invoice and the terms and conditions shall be attached to this acceptance of the order in electronic form.
4.7
The Buyer agrees to the use of remote means of communication in the conclusion of 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) shall be borne by the Buyer himself. The amount of the costs for the use of electronic means shall be governed by the contract between the buyer and his internet connection provider, or his electronic communication service provider, mobile operator, etc.
The costs for the use of electronic means shall be governed by the contract between the buyer and his internet connection provider, or his electronic communication service provider, mobile operator, etc.
4.8
The purchase contract shall be concluded in the Slovak language.
4.9
The Purchase Contract in the form of acceptance of the order by the Seller is sent to the Buyer's electronic mail address and is thus made available for archiving and reproduction.
Article 5
Transportation and delivery of goods (delivery schedule)
5.1
The delivery period for bicycles is 2 to 14 working days, provided that within this period the bicycle will be ready for collection by the Buyer at the shop chosen by the Buyer in his/her order or sent by courier to the following address. The buyer will be informed about the possibility of picking up the purchased goods at the shop by the seller through the buyer's contact details provided in his user account (in particular, through an e-mail address or phone number).
5.2
The delivery period for accessories is 2 to 14 days, within which time the purchased accessories will be delivered to the Buyer's address via DPD Slovakia or ready for collection at the store chosen by the Buyer in his/her order. If the accessories were ordered together with the bicycle, the accessories will be delivered together with the bicycle within this period.
5.3
In cases where goods from the online shop are delivered via DPD Slovakia, the transport is governed by the terms and conditions of DPD Slovakia, published on the website https://www.dpd.com/sk.
5.4
Together with the bicycle, the buyer is supplied with an instruction manual and a warranty card.
5.5
The delivery of the goods to the Buyer is conditional upon full payment of the purchase price in the case of non-cash payment.
5.6
The goods shall be deemed to have been accepted by the consumer at the time when the consumer or a third party designated by the consumer, excluding the carrier, accepts all parts of the goods ordered, or, if - the goods ordered by the consumer in one order are delivered separately, at the time of acceptance of the goods delivered last, - the consumer delivers goods consisting of several parts or pieces, at the time of acceptance of the last part or piece, - the consumer delivers goods repeatedly during a specified period, at the time of acceptance of the first delivered goods.
5.7
The Buyer is obliged to check the integrity of the packaging and the contents of the consignment when taking delivery of the goods. The buyer is obliged to notify the carrier of any damage to the packaging or contents of the consignment.
The buyer is obliged to notify the carrier of any damage to the packaging or contents of the consignment.
Article 6
Purchase price and payment terms
6.1
The Buyer is obliged to pay the Seller the purchase price for the goods and the price of transport according to the order accepted by the Seller (the concluded contract). 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 transport fee, which is EUR 4.90 for orders of goods up to EUR 50.00, and EUR 4.90 for orders of goods over EUR 50.00. The purchase price does not include the price of cash on delivery, which is EUR 0.90.
6.2
The Buyer may pay the purchase price of the goods to the Seller in the following ways:- in case the purchased goods are accessories:¬ payment on delivery, whereby the Buyer shall pay the purchase price of the goods in cash or by card at the time of receipt of the goods from the carrier,¬ direct payment from the Buyer's account via internet banking - using the TrustPayment service provided by TrustPay, a. s. (the service is supported by selected Slovak banks), details of which are available on the website of TrustPay, a.s. (www.trustpay. eu),- if the purchased goods are a bicycle or a bicycle and accessories:¬ by direct payment from the buyer's account via internet banking - by using the TrustPlatby service provided by TrustPay, a.s. (the service is supported by selected Slovak banks), while details of this payment service are provided on the website of TrustPay, a.s. s. (www.trustpay.eu). ¬ in cash at the shop, when collecting the goods.In the case of payment by credit card or TrustPlatby payment service, the Seller is not liable for any damage incurred by the Buyer in connection with the use of these payment services.
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 clause 1. of this Article of the Terms and Conditions.
6.4
In the case of payment on delivery, the purchase price is payable (in cash) upon receipt of the goods.
6.5
In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
6.6
The Seller shall issue a tax document - an invoice to the Buyer in respect of payments made under 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 together with the acceptance of the order and the terms and conditions.
6.7
Bank charges for making payment of the Purchase Price and transport costs by the Buyer shall be governed by the contract between the Buyer and the Buyer's bank. The Buyer is advised that information on the shipping costs of the goods is clearly stated in the ordering process and is dependent on the choice of carrier/delivery service/delivery method.
Article 7Withdrawal from the Contract
7.1
The consumer is entitled to withdraw from the contract without giving any reason within 14 days from the date of receipt of the performance if the seller has fulfilled his information obligations in a timely and proper manner pursuant to Section 3(1)(h) of Act No. 102/2014 Coll. if the seller has fulfilled these information obligations subsequently, the consumer is entitled to withdraw from the contract within 14 days from the date on which the seller has fulfilled his obligations subsequently, but at the latest within 12 months from the date of receipt of the performance. If the seller does not fulfil these information obligations even subsequently, the consumer is entitled to withdraw from the contract within 12 months and 14 days of receipt of the performance.
7.2
The Seller is entitled to withdraw from the Contract due to stock-outs, unavailability of the goods, or if the manufacturer, importer or supplier of the goods agreed in the Contract has discontinued production or made such significant changes as to make it impossible to perform the Seller's obligations under the Contract, or for reasons of force majeure, or if, even after making all reasonable efforts, he is unable to deliver the goods to the buyer within the time limit specified in these general terms and conditions or at the price stated in the online shop, or due to the buyer's failure to take delivery within the 18 calendar day collection period. The Seller is obliged to immediately inform the Buyer of this fact and refund the deposit already paid for the goods agreed in the contract within 14 days of the notice of withdrawal by transfer to the account specified by the Buyer.
7.3
If the consumer decides to withdraw from the contract, he/she shall do so by delivering the withdrawal in writing to the address of the Seller's registered office, which is KELLYS BICYCLES s.r.o., Slnečná cesta 374, Veľké Orvište, 922 01. For this purpose, the consumer can use the sample withdrawal form, which is attached as Annex 1 to these terms and conditions. The Seller recommends the consumer to indicate in the withdrawal the account number or address for refund, otherwise the payment will be made in the same way as the consumer used for payment. Upon withdrawal from the contract, the consumer undertakes to deliver the purchased goods to the seller no later than 14 days from the date of exercising the right of withdrawal, in the condition in which they were delivered to him, i.e. complete, with all documentation and accessories and undamaged. The time limit is deemed to have been observed if the goods are returned by the buyer before the expiry of the 14-day period.
7.4
The consumer may also withdraw from a contract, the subject of which is the delivery of goods, before the withdrawal period has started. The withdrawal period is preserved if the consumer sends a notice of exercise of the right of withdrawal before the withdrawal period has expired.
7.5
If the consumer withdraws from the contract, the contract of sale shall be cancelled from the outset.
7.6
The Seller undertakes to take back the returned goods and refund to the Consumer, within 14 days of the date of withdrawal from the contract at the latest, the price paid for the goods or the advance payment made by the Consumer, including the costs incurred by the Consumer in ordering the goods in the manner provided for in paragraph 5 of this Article. This does not apply to additional costs if the buyer has chosen a delivery method other than the cheapest normal delivery method offered by the seller.
7.7
The methods of returning the goods purchased in the online shop in case of withdrawal from the contract and the method of refunding the payment for the purchased goods in case of withdrawal from the contract are determined by the Seller as follows: - In case the purchased goods are accessories and bicycle accessories, the Buyer shall send the goods to the address of the Seller KELLYS BICYCLES s.r.o., Slnečná cesta 374, Veľké Orvište, Postal Code 922 01 and the payment for these purchased goods will be paid to the Buyer only after the delivery of the returned goods back to the Seller's address or after the presentation of a document proving the sending back of the goods, whichever comes first. - In the event that the purchased goods are a bicycle, the Buyer is advised to hand over the goods at the shop designated by the Buyer when placing the order, and payment for such purchased goods will be made to the Buyer only after the Buyer has handed over the goods at the said shop or any other shop of the Seller. - In the event that the purchased goods are a bicycle and also accessories and bicycle accessories, the Buyer is advised to hand over the goods at the shop designated by the Buyer at the time of placing the order, and payment for such purchased goods will be made to the Buyer only after the Buyer has handed over such goods at the said shop or any shop of the Seller.
7.8
In the event of cancellation, the Buyer shall bear the direct cost of returning the Goods to the Seller or to the person authorised by the Seller to take delivery of the Goods. The direct costs of returning the goods cannot reasonably be calculated in advance. According to the information available, an estimate of these costs, depending on the size and weight of the goods, the distance from which the return is made and the prices at which the carrier chosen by the buyer provides its services, ranges from EUR 4,90 to EUR 150,-.
.
7.9
In the event of withdrawal from the contract, the buyer shall bear and also the direct costs of returning the goods which, due to their nature, cannot be returned by post. The direct costs of returning the goods cannot be reasonably calculated in advance. According to the information available, an estimate of these costs, depending on the size and weight of the goods, the distance from which the return is made and the prices at which the carrier chosen by the buyer provides its services, ranges from EUR 4,90 to EUR 150,00.
The cost of the return of the goods is estimated to be between EUR 4,90 and EUR 150,00.
7.10
The consumer acknowledges that if the goods returned by him/her are damaged or unreasonably worn out due to the withdrawal, the seller shall be entitled to damages against the consumer for any loss incurred by him/her as a result thereof, which shall consist of the consumer's liability for any diminution in the value of the goods as a result of their being handled in a manner other than that necessary to establish the nature, characteristics and functionality of the goods (with the exception of goods returned due to proven warranty defects).
7.11
The buyer may not withdraw from the contract in cases pursuant to section 7(6) of Act No. 102/2014 Coll. in particular: o sale of goods made according to special requirements of the consumer, custom-made goods or goods intended specifically for one consumer o sale of goods subject to rapid deterioration or perishability o sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been damaged after delivery o sale of goods which, due to their nature, may be inextricably mixed with other goods after delivery
.
7.12
The provisions of this article of the terms and conditions do not apply to entrepreneurs.
Article 8
Responsibility for defects, warranty, claims (claims procedure)
8.1
The warranty period for goods purchased in the online shop is 24 months and begins on the date of receipt of the goods by the purchaser. Acceptance of the goods shall be understood as the moment of receipt of the goods by the buyer from the carrier in the case of accessories or the moment of receipt of the goods by the buyer at the shop chosen by the buyer in the order in the case of a bicycle or in the case of a bicycle and accessories.
The buyer shall be deemed to have received the goods from the carrier in the case of a bicycle and accessories.
8.2
When purchasing a bicycle, the Seller shall issue the Buyer with a warranty certificate, which the Buyer shall receive together with the bicycle at the shop selected by the Buyer in the order; when purchasing accessories, the Buyer shall receive an invoice as proof of warranty, which the Buyer shall receive together with the terms and conditions at his/her e-mail address.
8.3
The Buyer is advised to inspect the delivered goods upon receipt. Defects must be claimed by the Buyer from the Seller without undue delay. Later claims for obvious defects will not be accepted by the Seller.
8.4
If the Buyer has purchased only accessories in the online shop, the Seller - KELLYS BICYCLES s.r.o. - is responsible for the warranty and warranty service of these accessories. The Buyer is recommended to send the complaint in writing to the address of the Seller's registered office, which is KELLYS BICYCLES s.r.o. Slnečná cesta 374, 922 01 Veľké Orvište, together with a covering letter describing the reasons for the complaint, enclosing the goods complained of and the invoice. The Seller shall confirm the claim to the Buyer by sending a notification to the e-mail address indicated in the Buyer's user account. The Buyer will be notified of the result of the complaint to the electronic address indicated in his user account and in writing to the address indicated in the order, or to the address indicated in the complaint.
8.5
In the event that the Buyer has only purchased a bicycle or a bicycle and accessories in the online shop, the Seller shall always provide the claim and warranty service through the Seller's shop, whereby the Buyer is advised to contact the shop he/she designated 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.
8.6
The Seller shall process the claim within 30 days from the date of the claim, i.e. within 30 days from the date of delivery of the goods, including all information and documents necessary for the claim, to the Seller at the Seller's stated address. The provisions of this paragraph do not apply to entrepreneurs.
8.7
Within the warranty period, it is possible to claim for defects of goods purchased in the online shop, but the warranty does not cover the following defects: - defects caused by damage due to events of force majeure (fires, floods, earthquakes, etc.), - defects caused by inappropriate use of the goods for purposes for which they are not intended, - defects caused by normal wear and tear (in the case of bicycles, e.g. defects caused by unprofessional intervention in the construction of the goods, - defects in bicycles caused by handling and use contrary to the instructions for use, - in the case of bicycles, the warranty does not also cover defects caused by the user - damage to the product by its unprofessional assembly (e.g. improper use and neglect of the care of the bicycle (e.g., improper fitting of the saddle tube into the frame and the stem into the fork, improper tightening of the pedals in the cranks), improper use and neglect of the care of the bicycle (e.g. damage caused by crashes, improper repairs, improper maintenance of the bicycle, damage caused by the replacement of components incompatible with the equipment of the bicycle, technical intervention in the frame of the bicycle and defects caused by mechanical damage - wear and tear during normal use of the bicycle (e.g. damage to the paintwork).
8.8
The buyer is recommended to have the purchased bicycle professionally assembled by a professional bicycle repair shop and to have this fact confirmed on the warranty certificate. In addition to the above defects, the Seller shall not be liable for defects caused by unprofessional assembly of the bicycle by the Buyer or any other person in violation of the provisions of this paragraph.
8.9
The Buyer is further advised to have the bicycle regularly inspected by a professional bicycle repairer after every 500 kilometres, but at least once a year. In the event of a subsequent claim, the Purchaser shall have the certificate of the professional inspection marked on the warranty card. The Seller shall not be liable for any damage to the bicycle caused by the Buyer's neglect of this obligation.
8.10
Except in all the above cases, the Seller shall not be liable for damage to the goods even if the Buyer stores the purchased goods in unsuitable conditions (e.g. increased dustiness and humidity of the environment, etc.).
8.11
Damage to the goods shall not be deemed to be damage to the goods, nor shall the expiry of the life of the goods (e.g. batteries supplied with certain accessories have a life of approximately 6 months).
8.12
The seller is liable to the consumer for the fact that the item sold is of the required or legally prescribed quality, quantity, measure or weight. The goods sold must be free from defects, in particular they must comply with the binding technical standards. The provisions of this paragraph do not apply to entrepreneurs.
8.13
Depending on the nature of the damage to the goods, the consumer has the following rights when exercising the statutory guarantee: If the defect can be remedied, the purchaser has the right to have it remedied free of charge, in a timely and proper manner. The seller is obliged to remove the defect without undue delay. Instead of removing the defect, the buyer may require the item to be replaced or, if the defect relates only to a part of the item, the part to be replaced if this does not incur disproportionate costs for the seller in relation to the price of the goods or the seriousness of the defect. The seller may always replace the defective item with a faultless one instead of removing the defect, if this does not cause the buyer serious inconvenience. If there is a defect which cannot be remedied and which prevents the thing from being properly used as a thing without defect, the buyer has the right to have the thing replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defects are remediable, but if the buyer is unable to use the object properly because of the recurrence of the defect after repair or because of a greater number of defects. If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the item. The provisions of this paragraph do not apply to entrepreneurs.
8.14
In the event of a complaint, the consumer is entitled to compensation for the costs associated with the complaint (in particular the postage paid by him when sending the goods complained of). In the event of withdrawal from the contract due to a defect in the goods, the consumer is also entitled to reimbursement of the costs associated with such withdrawal.
8.15
After a legitimate claim has been settled, the warranty period is extended by the duration of the claim. In the event of an unjustified claim, the warranty period shall not be extended. If a claim for goods has been settled within the statutory warranty period by replacement of the goods or a part thereof, the warranty period shall start again from the date of settlement of the claim. The duration of the claim is calculated from the day after the claim is made until the day the claim is settled.
8.16
The Seller must give the Consumer a written confirmation of when the Consumer exercised the right, what the content of the complaint is and the method of handling the complaint requested by the Consumer; and furthermore 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.
8.17
The provisions of paragraph 6 and paragraphs 12 to 16 of this Article of the Terms and Conditions shall not apply to entrepreneurs. The Seller's liability for defects in the goods shall be governed by the relevant provisions of the Commercial Code (Act No. 513/1991 Coll., as amended) in the case of a Buyer - entrepreneur.
Article 9
Delivery
9.1
All notices, messages or other acts related to the Purchase Contract must be delivered to the other party, either in writing, by electronic mail, in person or by registered mail through a postal service operator (at the sender's choice). The Buyer shall be served at the electronic mail address and the address indicated in his user account or any other address indicated by the Buyer. The Seller shall be served at the following address: is KELLYS BICYCLES Ltd. Slnečná cesta 374, 922 01 Veľké Orvište. Goods sent by cash on delivery are not accepted by the Seller.
9.2
Messages, notices and other acts shall be delivered to the other party at the times specified below: - in the case of delivery by electronic mail or through a postal service operator, at the moment when the Contracting Party had an objective opportunity to become acquainted with the message, notice or other act, - in the case of delivery in person or through a postal service operator, by the receipt of the consignment by the addressee, - in the case of delivery in person or through a postal service operator, also by refusal to accept the consignment, if the addressee refuses (or, alternatively, a person authorised to accept the consignment on his behalf) to accept the consignment.
Article 10
Information on the possibility and conditions for resolving a dispute through the alternative dispute resolution system
10.1
As a consumer (not a business), the buyer has the right to apply to the seller for redress if he is not satisfied with the manner in which the seller has dealt with his complaint or if he believes that the seller has violated his rights. If the Seller responds to this request in a negative manner or fails to respond within 30 days of sending it, the consumer has the right to submit a proposal for the initiation of alternative dispute resolution to the alternative dispute resolution entity under Act 391/2015 Coll., which is the alternative dispute resolution body and the authorised legal entity registered in the list pursuant to § 3(2) and § 5(2) of Act 391/2015 Coll. The consumer may submit the application in the manner specified under § 12 of Act 391/2015 Coll. The consumer may also file a complaint through the alternative dispute resolution platform RSO, which is available online at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
10.2
Alternative dispute resolution may only be used by a consumer - a natural person who does not act within the scope of his/her business activity, employment or profession when concluding and performing a consumer contract and relates only to a dispute between the consumer and the seller arising from or related to a consumer contract. Alternative Dispute Resolution applies only to distance contracts. Alternative dispute resolution shall not apply to disputes where the assessed value of the dispute does not exceed EUR 20. A list of all ADR entities is published by the Ministry of Economy at www.economy.gov.sk.
Article 11
Privacy of personal data
11.1
The Parties agree that the Buyer, if he is a natural person, may voluntarily provide the Seller with the following personal data when registering on the e-shop website or placing an order: to inform the Seller of his first and last name, date or year of birth, permanent address and delivery address, including postal code, telephone number and e-mail address.
11.2
The Parties agree that the Buyer, if it is a legal entity, may voluntarily provide the Seller with its business name, registered office address, including postal code, delivery address, VAT number, VAT number or tax identification number, telephone number and email address when registering on the website or placing an order.
11.3
By concluding the Purchase Contract, the Buyer declares that he agrees, within the meaning of Section 11 of Act No. 122/2013Z Coll. on the protection of personal data, as amended (hereinafter referred to as "ZOOÚ"), that the Seller shall process and store his personal data, in particular those listed above and/or which are necessary for the Seller's activities, and process them in all its information systems. The Buyer also grants the Seller its consent to provide the personal data to another person, to the extent necessary, to the carrier for the purpose of delivering the goods to the Buyer. The Seller undertakes to handle and dispose of the Buyer's personal data in accordance with the applicable laws of the Slovak Republic. The Buyer grants the Seller this consent for a limited period of time until the purpose of processing the Buyer's personal data is fulfilled. The Seller shall ensure the immediate destruction of the Buyer's personal data after the purpose of processing has been fulfilled. The Buyer may withdraw consent to the processing of personal data at any time in writing. Consent shall expire within 1 month from the date of receipt by the Seller of the Buyer's withdrawal of consent.
11.4
The Seller declares that, in accordance with Section 15 (1) (c) of the Act on Personal Data Protection, personal data will be collected solely for the purpose of concluding a purchase contract between the Seller and the Buyer or for the purpose of sending a newsletter.
11.5
The Seller declares that in accordance with section 15 (1) ZnOOÚ it will process personal data in accordance with good manners and will act in a manner that does not contradict or circumvent the ZnOOÚ or other generally binding legal regulations. The Seller declares that the consent of the data subject will not be enforced or conditioned by the threat of refusal of a contractual relationship, service, goods or obligation imposed on the Seller.
11.6
The Buyer shall have the right, upon written request, to request from the Seller: - confirmation as to whether or not personal data concerning him or her are processed, - information in a generally comprehensible form about the processing of personal data in the information system to the extent pursuant to § 15 (1) (a) (b) of Art. in a generally comprehensible form, precise information about the source from which he obtained his personal data for processing - in a generally comprehensible form, a list of his personal data which are the subject of the processing, - the rectification or destruction of his personal data which are incorrect, incomplete or outdated and which are the subject of the processing, - the destruction of his personal data the purpose of the processing of which has ended; where official documents containing personal data are the subject of the processing, he or she may request their return, - the destruction of his or her personal data which are the subject of the processing, where there has been a breach of the law, - the blocking of his or her personal data due to the withdrawal of his or her consent before the expiry of its period of validity, where the controller processes personal data on the basis of the data subject's consent.
11.7
The right of the purchaser under paragraph 1(e) and (f) may be restricted only if such restriction is based on a specific law or if its application would violate the protection of the purchaser or would violate the rights and freedoms of other persons.
11.8
The Buyer, upon free written request, has the right to object to the Seller to - the processing of his or her personal data which he or she believes is or will be processed for direct marketing purposes without his or her consent and to request its destruction - the use of personal data referred to in section 10(3)(d) for direct marketing purposes in postal communications, or - the provision of personal data referred to in section 10(3)(d) for direct marketing purposes.
The Buyer shall have the right to object to the Seller's use of personal data referred to in section 10(3)(d) for the purposes of direct marketing.
11.9
The Buyer, upon free written request or in person if the matter cannot be delayed, has the right with the Seller: - to object at any time to the processing of personal data in the cases referred to in § 10 (3) (d) of Art. (a), (e), (f) or (g) by stating the legitimate grounds for objection or by providing evidence of unlawful interference with his or her rights and legitimate interests which are or may be harmed in a particular case by such processing of personal data; if this is not prevented by lawful grounds and the objection of the data subject is proven to be justified, the controller shall be obliged to block the personal data to which the data subject has objected and to delete them without undue delay as soon as the circumstances permit. - object to and not submit to a decision of the controller which would have legal effects or significant implications for him or her if such decision is based solely on automated processing operations on his or her personal data. The data subject shall have the right to request the controller to review the decision issued by a method other than automated processing, and the controller shall comply with the data subject's request by giving the authorised person a decisive role in the review of the decision; the controller shall inform the data subject of the method of review and the result of the finding within the time limit referred to in Article 29(3). The data subject shall not have this right unless a specific law providing for measures to safeguard the data subject's legitimate interests so provides, or where, in the context of a pre-contractual relationship or during the existence of a contractual relationship, the controller has issued a decision granting the data subject's request, or where the controller has taken other appropriate measures on the basis of a contract to safeguard the data subject's legitimate interests.
The data subject shall have the right to data protection in accordance with the provisions of the law.
11.10
The purchaser may, upon suspicion that his or her personal data are being unlawfully processed, notify the Data Protection Authority. If the purchaser lacks full legal capacity, his rights may be exercised by his legal representative. If the purchaser is not alive, his rights which he should have exercised under the PDPA may be exercised by a person close to him. The requirements of the buyer pursuant to § 28 (1) (a) to (c), (e) to (h) and (3) to (5) ZnOOÚ shall be fulfilled by the seller free of charge. The Seller shall provide the Buyer with the information pursuant to Section 28(1)(d) ZnOOÚ free of charge, except for a payment in an amount which may not exceed the material costs associated with the making of copies, the procurement of technical media and the sending of the information to the Buyer, unless otherwise provided for in a special law. The Seller shall comply with the Buyer's requests pursuant to Section 29 of the Act and shall inform the Buyer in writing within 30 days of receipt thereof at the latest. The Seller shall promptly notify the person concerned and the Authority in writing of the restriction of the Buyer's rights pursuant to Section 28(2) ZnOOÚ.
11.11
The Seller declares that, in accordance with Section 15(1)(b) of ZnOOÚ, it processes the Buyer's personal data for the purpose of delivery of goods through the following intermediaries: - Direct Parcel Distribution SK s.r.o. , Technická 7 , 821 04 Bratislava, ID No.: 35834498 - KELLYS BICYCLES s.r.o., Slnečná cesta 374, Veľké Orvište, Postcode 922 01
11.12
Personal data of the buyer will not be disclosed or provided to the 3rd countries.
11.13
The Seller's information system is registered with the Office for Personal Data Protection under number 4746.
11.14
The Buyer has the right and opportunity to update personal data online on the web site of the online shop, in the customer section, after logging in.
11.15
Buyer may, by checking the newsletter box or by registering for the newsletter, consent to receive information related to the goods, services or business of the Seller at the Buyer's electronic address and to receive commercial communications by the Seller at the Buyer's electronic address. The Buyer may unsubscribe at any time by clicking on the link in the newsletter email or by sending a request to the following email: shopsk@kellysbike.com Article 12
Other provisions
12.1
The Buyer acknowledges that the software and other components of the online shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to carry out any activity that could allow him or third parties to interfere with or make unauthorised use of the software or other components of the online shop.
The Buyer agrees not to use the software or other components of the online shop in any way that could allow him or third parties to interfere with or make unauthorised use of the software or other components of the online shop.
12.2
The Seller is not bound by any codes of conduct in relation to the Buyer.
12.3In the event that any provision of these Terms and Conditions is or becomes invalid, ineffective and/or unenforceable, the validity, effectiveness and/or enforceability of the remaining provisions shall not be affected. In such a case, the Seller undertakes to replace the affected provision without undue delay with a new valid provision, the content of which will fulfil the purpose of the original provision as far as possible.
12.4
The Seller shall provide the Buyer with information on the functionality, including the applicable technical protection measures to secure the electronic content, if applicable.
12.5
The Seller shall provide the Buyer with information about the compatibility of the Electronic Content with hardware and software of which the Seller is aware or can reasonably be expected to be aware, if applicable.
12.6The Seller reserves the right to change the Terms and Conditions, which shall become effective on the date of publication of the updated version.
12.7
These terms and conditions shall cease to have effect upon the coming into effect of new terms and conditions issued by the Seller which shall replace these terms and conditions.
12.8These terms and conditions shall come into force and effect on 1 May 2022 and shall replace the terms and conditions which were in force until 1 March 2017.
Attachments: Repudiation Form Withdrawal Form