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Terms and conditions
These general terms and conditions (“Terms”) of Trailer Store s.r.o., located at Výpadová 777/33, Prague 16, 153 00, Company ID No. 06511767, registered in the Commercial Register under file no. C 283435, maintained by the Municipal Court in Prague, email: bikes@voodoocycles.eu, telephone number: + 420 601 153 473 (“We” or “Seller”), govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or on the basis of a purchase agreement (“Agreement”) concluded via the E-shop on the website www.voodoocycles.eu.
The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the Terms. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms
As you are aware, we primarily communicate remotely. Therefore, for our Agreement, the communication means allowing us to agree without the simultaneous physical presence of You and Us are applied, and the Agreement is concluded remotely through the E-shop interface (“E-shop web interface”).
If any part of the Terms contradicts what we have agreed upon in the course of Your purchase process on Our E-shop, this specific agreement will take precedence over the Terms.
Let me know if you’d like to continue or adjust any section.
I. SOME DEFINITIONS
1. Price is the financial amount you will pay for the Goods;
2. Shipping Price is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;
3. Total Price is the sum of the Price and the Shipping Price;
4. VAT is the value-added tax in accordance with applicable legal regulations;
5. Invoice is a tax document issued in accordance with the law on value-added tax for the Total Price;
6. Order is your irrevocable proposal to enter into a Purchase Agreement for Goods with Us;
7. User Account is an account created based on the information provided by you, allowing the storage of provided data and tracking the history of ordered Goods and concluded Agreements;
8. You are the person purchasing on Our E-shop, referred to as the buyer under the law;
9. Goods refer to everything that can be purchased on the E-shop.
II. GENERAL PROVISIONS AND INFORMATION
1. The purchase of Goods is only possible through the web interface of the E-shop.
2. When purchasing Goods, you are obligated to provide Us with all the required information correctly and truthfully. We will consider the information provided by you when ordering the Goods to be accurate and truthful.
III. CONCLUDING THE AGREEMENT
2. The Agreement is concluded remotely via the E-shop, and you bear the costs for using remote communication means. These costs, however, do not differ from the basic rates you pay for using these means (especially for internet access), so you should not expect any additional costs beyond the Total Price charged by Us. By submitting the Order, you agree that we use remote communication means.
3. To conclude the Agreement, you must create an Order proposal through the E-shop. The proposal must include the following information:
a) Details about the Goods being purchased (on the E-shop, you select the Goods you are interested in by clicking the “Add to Cart” button);
b) Information about the Price, Shipping Price, the method of payment of the Total Price, and the requested delivery method of the Goods; these details will be entered when creating the Order proposal within the user interface of the E-shop. Information about the Price, Shipping Price, and Total Price will be automatically generated based on the Goods you have selected and your chosen delivery method;
c) Your identification and contact details for delivering the Goods, particularly your name, surname, delivery address, phone number, and email address;
d) In the case of an Agreement under which we will deliver Goods to you regularly and repeatedly, information on how long we will deliver the Goods to you.
4. During the creation of the Order proposal, you can change and review the entered information until the Order is finalized. After reviewing, you will create the Order by clicking the “Order Binding for Payment” button. However, before clicking the button, you must confirm that you have read and agree to these Terms. If you do not confirm your agreement, the Order cannot be created. The confirmation and agreement are done via a checkbox. Once you click the “Order Binding for Payment” button, all the provided information will be sent directly to Us.
5. We will confirm your Order as soon as possible after it has been received by sending an email to the address you provided in the Order. The confirmation will include a summary of the Order and these Terms. The Agreement between Us and You is concluded upon our confirmation of the Order. The version of the Terms effective on the day of the Order forms an integral part of the Agreement.
6. There may be cases where we cannot confirm your Order. These include situations where the Goods are unavailable or where you have ordered more units than allowed. However, we will always inform you in advance of the maximum number of Goods you can order, so this should not come as a surprise. If there is any reason why we cannot confirm the Order, we will contact you and send you a proposal for concluding the Agreement in an altered form compared to the Order. The Agreement is concluded when you confirm our offer.
7. If an obviously incorrect Price is stated on the E-shop or in the Order proposal, we are not obligated to deliver the Goods to you at that Price, even if you received an Order confirmation and the Agreement was concluded. In such cases, we will contact you immediately and send you a new offer for concluding the Agreement in an altered form. The new Agreement is concluded when you confirm our offer. If you do not confirm our offer within 3 days of its delivery, we are entitled to withdraw from the concluded Agreement. An obvious Price error is considered to be, for example, when the Price does not correspond to the usual price among other sellers or if a digit is missing or added.
8. Once the Agreement is concluded, you are obliged to pay the Total Price.
9. If you have a User Account, you can place the Order through it. In such a case, you are still obligated to verify the correctness, truthfulness, and completeness of the pre-filled information. The process for creating the Order is identical to that of a buyer without a User Account, but the advantage is that you do not need to re-enter your identification information.
10. In some cases, we allow discounts to be applied to the purchase of Goods. To apply a discount, you must enter the discount information in the designated field during the creation of the Order proposal. If you do so, the Goods will be provided with the discount.
IV. USER ACCOUNT
1. Based on your registration in the E-shop, you can access your User Account.
2. When registering for a User Account, you are obligated to provide accurate and truthful information and to update it in case of any changes.
3. Access to the User Account is secured by a username and password. You are obligated to keep this login information confidential and not share it with anyone. We bear no responsibility for any misuse of your User Account.
4. The User Account is personal and you are not allowed to let third parties use it.
5. We may cancel your User Account, particularly if you have not used it for more than a year or if you breach your obligations under the Agreement.
6. The User Account may not be available continuously, mainly due to necessary maintenance of hardware and software.
V. PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP
1. The Price is always specified within the E-shop, in the Order proposal, and of course in the Agreement. In case of a discrepancy between the Price stated for the Goods in the E-shop and the Price in the Order proposal, the Price in the Order proposal applies, which will always match the Price in the Agreement. The Shipping Price and any conditions for free shipping are also included in the Order proposal.
2. The Total Price includes VAT and any legal fees and charges.
3. We will require payment of the Total Price after the Agreement has been concluded and before handing over the Goods. You can make the payment in the following ways:
a) Bank transfer. Payment details will be sent to you in the Order confirmation. In case of bank transfer payment, the Total Price is due within 3 days.
b) Online payment by card. In this case, the payment is processed through the ShoptetPay payment gateway, and the payment is subject to the conditions of this payment gateway, which are available at: https://www.shoptetpay.com/cs/vseobecne-obchodni-podminky-shoptet-pay/. The Total Price is due within 3 days in case of online card payment.
c) Cash on delivery. In this case, payment will be made upon delivery of the Goods against receipt of the Goods. The Total Price is due upon delivery of the Goods in the case of cash on delivery.
d) Cash upon personal pickup. You can pay in cash if you pick up the Goods at our premises. In the case of personal pickup, the Total Price is due upon receipt of the Goods.
4. An invoice will be issued electronically after the Total Price has been paid and sent to your email address. The invoice will also be physically attached to the Goods and available in the User Account.
5. Ownership of the Goods passes to you only after the Total Price has been paid and the Goods have been received. In the case of a bank transfer, the Total Price is considered paid when it is credited to our account. In other cases, the payment is considered made at the moment of the transaction.
VI. DELIVERY OF GOODS, TRANSFER OF RISK
1. The Goods will be delivered to you by the method of your choice, which can be selected from the following options:
a) Personal pickup at our premises, Výpadová 777/33, Prague, 153 00;
2. The Goods can only be delivered within the EU
3. The delivery time of the Goods depends on their availability and the selected delivery and payment method. The estimated delivery time will be communicated to you in the Order confirmation. The time stated in the E-shop is for reference only and may differ from the actual delivery time. In case of personal pickup at our premises, you will always be informed by email when the Goods are ready for pickup.
4. Upon receiving the Goods from the carrier, you are obligated to check the integrity of the Goods’ packaging and report any defects immediately to the carrier and Us. If there is any damage to the packaging indicating unauthorized tampering or entry into the package, you are not obligated to accept the Goods from the carrier.
5. If you fail to accept the Goods, except in cases according to article VI.4 of the Terms, this does not constitute a breach of Our obligation to deliver the Goods to you. Also, not accepting the Goods does not constitute withdrawal from the Agreement between Us and You. However, in such cases, We have the right to withdraw from the Agreement due to Your material breach of the Agreement. If We choose to exercise this right, the withdrawal is effective on the day we deliver notice of the withdrawal to you. Withdrawal from the Agreement does not affect Our right to recover the Shipping Price, or the right to claim compensation for any damage caused.
6. If the Goods need to be redelivered or delivered in a manner different from the Agreement due to circumstances on your part, you are obligated to cover any costs associated with the redelivery. We will send you the payment information for these costs to your email address provided in the Agreement, and they are due within 14 days of the email being sent.
7. The risk of damage to the Goods passes to you when you accept them. If you fail to accept the Goods, except in cases under article VI.4 of the Terms, the risk of damage to the Goods passes to you when you could have accepted them but failed to do so for reasons on your part. The transfer of risk to you means that from this moment, you bear all the consequences of loss, destruction, damage, or any impairment of the Goods.
8. If the Goods are not listed as in stock on the E-shop and an approximate availability time was provided, we will always inform you in the case of:
a) An exceptional production outage, and we will inform you of a new expected availability time or that the Goods cannot be delivered;
b) A delay in the delivery of the Goods from our supplier, and we will inform you of a new expected delivery time.
9. If we are unable to deliver the Goods to you within 30 days of the estimated delivery time stated in the Order confirmation, both you and we have the right to withdraw from the Agreement.
time, even without giving a reason.
VII. RIGHTS FROM DEFECTIVE PERFORMANCE
1. We guarantee that at the time of the transfer of risk in accordance with Article VI.7 of the Terms, the Goods are free from defects, particularly that:
a) they possess the qualities we agreed upon with you, or if no agreement was made, they possess qualities we described or those expected considering the nature of the Goods;
b) they are fit for the purpose we specified or for the usual purpose for such Goods;
c) they correspond to the quality or design agreed upon or match the sample, if the quality or design was determined by a sample;
d) they are in the appropriate quantity and weight;
e) they comply with the legal requirements;
f) they are not encumbered by third-party rights.
2. Rights and obligations concerning defective performance are governed by the relevant mandatory provisions of law (particularly 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).
3. If the Goods have defects, particularly if any condition under Article VII.1 is not met, you may notify Us of the defect and exercise your rights from defective performance (i.e., file a complaint) by sending an email or letter to Our contact addresses listed with Our identification details. You may also use the sample form provided by Us, which is attached as Annex No. 1 to the Terms. In your claim, you must choose how you wish to resolve the defect, and you cannot change this choice later without Our consent, except in cases specified in Article VII.4. We will handle the complaint in accordance with your selected right from defective performance. If you do not choose how to resolve the defect, you have the rights specified in Article VII.5 even in situations where the defective performance was a substantial breach of the Agreement.
4. If the defective performance constitutes a substantial breach of the Agreement, you have the following rights:
a) to have the defect removed by delivery of new Goods without defects or delivery of the missing part of the Goods;
b) to have the defect removed by repairing the Goods;
c) to a reasonable discount on the Price;
d) to withdraw from the Agreement.
If you choose to resolve the defect under points (a) or (b) and We do not resolve the defect within a reasonable time, which we specified, or if We inform you that we will not remove the defect in this way, you have the rights under points (c) and (d), even if you did not initially request them in your complaint. Likewise, if you choose to have the defect removed by repairing the Goods and We find the defect irreparable, We will inform you, and you may select a different way to resolve the defect.
5. If the defective performance constitutes a non-substantial breach of the Agreement, you have the following rights:
a) to have the defect removed by delivery of new Goods without defects or delivery of the missing part of the Goods;
b) to have the defect removed by repairing the Goods;
c) to a reasonable discount on the Price.
If we fail to remove the defect in time or refuse to do so, you have the right to withdraw from the Agreement. You can also withdraw from the Agreement if you cannot use the Goods properly due to repeated defects after a repair or due to a larger number of defects.
6. In the case of both substantial and non-substantial breaches, you cannot withdraw from the Agreement or demand the delivery of new Goods if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:
a) if the condition of the Goods has changed as a result of an inspection to identify the defect;
b) if the Goods were used before the defect was discovered;
c) if the impossibility of returning the Goods in their original condition was not caused by your actions or omissions;
d) if the Goods were sold, consumed, or altered in normal use; if this happened only partially, you must return the remaining Goods to Us, and in such a case, you will not be refunded the portion of the Price that corresponds to your benefit from the use of the Goods.
7. We will acknowledge the receipt of your complaint within 3 days and inform you by email when the complaint was received and the estimated time of processing. The complaint will be resolved without undue delay, no later than 30 days from the date of its receipt. This period may be extended by mutual agreement. If the period expires without resolution, you may withdraw from the Agreement.
8. We will inform you by email about the outcome of your complaint. If the complaint is valid, you are entitled to reimbursement of the costs incurred in making the claim, provided you substantiate these costs (e.g., by receipts or transport cost confirmations). If the defect is resolved by the delivery of new Goods, you are obligated to return the original Goods to Us, but We will cover the return costs.
9. If you are a business, you must notify and claim a defect without undue delay after you could have discovered it, but no later than within three days of receiving the Goods.
10. If you are a consumer, you have the right to claim a defect that appears in the Goods within 24 months of receipt.
11. The provisions on defective performance do not apply in the following cases:
a) Goods sold at a lower Price for a defect for which the lower Price was agreed;
b) wear and tear of Goods caused by normal use;
c) used Goods for a defect corresponding to the degree of use or wear at the time of receipt;
d) if it results from the nature of the Goods.
VIII. WITHDRAWAL FROM THE AGREEMENT
1. Withdrawal from the Agreement, i.e., termination of the contractual relationship between Us and You from its inception, may occur for reasons and in the manner set out in this article, or in other provisions of the Terms where the option to withdraw is explicitly mentioned.
2. If you are a consumer, meaning a person purchasing Goods outside the scope of your business activity, you have the right to withdraw from the Agreement without giving any reason within 14 days of receiving the Goods in accordance with Section 1829 of the Civil Code. If we conclude an Agreement involving several types of Goods or the delivery of several parts of Goods, this period begins on the day of delivery of the last part of the Goods. In the case of an Agreement under which we will regularly and repeatedly deliver Goods to you, the period begins on the day of the first delivery. You may withdraw from the Agreement by any provable means (especially by sending an email or letter to Our addresses listed with Our identification details). You may also use the sample withdrawal form provided by Us, which is attached as Annex No. 2 to the Terms.
3. However, even as a consumer, you cannot withdraw from the Agreement in the following cases:
a) Goods whose Price depends on fluctuations in the financial market beyond Our control and which may occur during the withdrawal period;
b) delivery of alcoholic beverages, which can only be delivered after thirty days, and their Price depends on fluctuations in the financial market beyond Our control;
c) Goods made according to your specifications or clearly personalized;
d) Goods subject to rapid decay or Goods that have been irreversibly mixed with other goods after delivery;
e) Goods in sealed packaging that have been unsealed and cannot be returned for hygienic reasons;
f) the delivery of audio or video recordings or computer software, if the original packaging has been opened;
g) the delivery of newspapers, periodicals, or magazines;
h) the delivery of digital content that was not delivered on a tangible medium and was delivered with your prior explicit consent before the withdrawal period expired, and we informed you that you have no right to withdraw from the Agreement.
4. The withdrawal period under Article VIII.2 of the Terms is deemed to be observed if you send us notice of withdrawal during this period.
5. In the event of withdrawal from the Agreement, the Price will be refunded to you within 14 days of the effective date of the withdrawal to the account from which it was paid, or to an account you specify in the withdrawal notice. However, the amount will not be refunded before you return the Goods to Us or prove that the Goods were sent back to Us. Please return the Goods clean and, if possible, in the original packaging.
6. If you withdraw from the Agreement under Article VIII.2 of the Terms, you are obligated to send the Goods back to Us within 14 days of the withdrawal, and you bear the costs associated with returning the Goods to Us. You are entitled to a refund of the Shipping Price, but only up to the amount corresponding to the least expensive method of delivery of the Goods offered by Us. If you withdraw due to Our breach of the Agreement, We will also cover the costs of returning the Goods, but again only up to the amount corresponding to the least expensive delivery method offered by Us.
7. You are liable to Us for any damage caused by handling the Goods in a manner other than necessary based on their nature and properties. We will invoice you for the damage after the Goods are returned to Us, and the payment for the invoiced amount is due 14 days after delivery of the invoice. If we have not yet refunded the Price, we may set off the claim for damages against your claim for the Price refund.
8. We are entitled to withdraw from the Agreement at any time before delivering the Goods to you if there are objective reasons preventing Us from delivering the Goods (particularly reasons caused by third parties or the nature of the Goods), even before the period specified in Article VI.9 of the Terms expires. We may also withdraw from the Agreement if it is evident that you provided incorrect information in the Order intentionally. If you are purchasing the Goods as part of your business activity, meaning as a business, we are entitled to withdraw from the Agreement at any
IX. RESOLVING DISPUTES WITH CONSUMERS
1. We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.
2. Consumer complaints are handled via the email address bike@voodoocycles.eu. We will send information about handling the complaint to the consumer's email address.
3. For out-of-court settlement of consumer disputes arising from the Agreement, the Czech Trade Inspection Authority, with its seat at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and a buyer who is a consumer, from a purchase agreement concluded electronically.
4. The European Consumer Centre Czech Republic, with its seat at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council 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 consumer dispute resolution).
X. FINAL PROVISIONS
1. If our legal relationship with you contains an international element (for example, if we will be sending goods outside the territory of the Czech Republic), the relationship will always be governed by Czech law. However, if you are a consumer, this provision does not affect your rights arising from the legal regulations of your country.
2. We will conduct all written correspondence with you electronically. Our email address is listed with Our identification details. We will send correspondence to your email address provided in the Agreement, in the User Account, or the one you used to contact us.
3. The Agreement can only be changed based on our written agreement. However, we are entitled to change or supplement these Terms, but this change will not affect Agreements already concluded, only those concluded after the effective date of the change. We will notify you of the change only if you have a User Account (so that you are informed if you place a new Order), or if we have an ongoing Agreement with you to deliver Goods regularly and repeatedly. We will send information about the change to your email address at least 14 days before the change becomes effective. If we do not receive a termination of the Agreement from you within 14 days of sending the information, the new terms will become part of our Agreement and apply to the next delivery of Goods following the effective date of the change. The notice period, in the event you choose to terminate the Agreement, is 2 months.
4. In the event of force majeure or unforeseen events (natural disaster, pandemic, operational breakdowns, supplier outages, etc.), we are not liable for damages caused as a result of or in connection with cases of force majeure, and if the force majeure persists for more than 10 days, both we and you have the right to withdraw from the Agreement.
5. The Terms include a sample complaint form and a sample withdrawal form.
6. The Agreement, including these Terms, is archived in electronic form by Us, but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by email, so you will always have access to the Agreement without our cooperation. We recommend saving the Order confirmation and the Terms.
7. These Terms come into effect on 1st April 2024.
**ANNEX NO. 1 - COMPLAINT FORM**
Recipient: Trailer Store s.r.o., Výpadová 777/33, Prague, 153 00, Czech Republic
Claim submission
Date of the Agreement:
Name and surname:
Address:
Email address:
Goods being claimed:
Description of the defect:
Proposed method of resolving the complaint, or the bank account number for providing a discount:
I also request the issuance of a confirmation of the claim submission, stating when this right was exercised, what the complaint contains, and my claim, including the date and method of resolving the claim.
Date:
Signature:
**ANNEX NO. 2 - WITHDRAWAL FORM**
Recipient: Trailer Store s.r.o., Výpadová 777/33, Prague, 153 00, Czech Republic
I hereby declare that I withdraw from the Agreement:
Date of the Agreement:
Name and surname:
Address:
Email address:
Specification of the Goods covered by the Agreement:
Method for refunding the received financial means, or the bank account number:
If the buyer is a consumer, they have the right, in case they ordered goods through the e-shop of Trailer Store s.r.o. (the “Company”) or another means of remote communication, except for the cases listed in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from the concluded purchase agreement within 14 days from the receipt of the goods, without giving any reason and without any penalty. The buyer shall notify the Company of the withdrawal in writing at the Company’s business address or electronically via email provided in the sample form.
If the consumer withdraws from the purchase agreement, they shall send or hand over the goods they received from the Company without undue delay, no later than 14 days from the withdrawal from the purchase agreement.
If the consumer withdraws from the purchase agreement, the Company shall return to them without undue delay, no later than 14 days from the withdrawal from the purchase agreement, all financial means (the purchase price of the delivered goods) including delivery costs received from the buyer under the purchase agreement, in the same manner. If the buyer chose a delivery method other than the cheapest method offered by the Company, the Company will refund the buyer only the amount corresponding to the cheapest offered method of delivery. The Company is not obligated to return the received financial means to the buyer before the goods are returned to the Company or before the buyer proves that they have sent the goods back to the Company.
Date:
Signature: