Terms and Conditions

General Terms and Conditions of the Online Store BIKEPEAKSTORE.COM for Delivery within the Slovak Republic

I. Introductory Provisions

1. The Seller is an entrepreneur or business company primarily engaged in the sale of sports goods and products – bicycles and cycling accessories. The Seller sells products and goods also through the online store website bikepeakstore.com (hereinafter referred to as the "E-shop" or "Bike Peak").
2. The Buyer is any natural person (consumer) or legal entity (entrepreneur) who contacts the Seller through the E-shop with the intention of purchasing Goods offered by the Seller on the E-shop (hereinafter referred to as the "Buyer").
3. Goods refer to all products and services offered in the E-shop (hereinafter referred to as the "Goods").
4. These General Terms and Conditions govern the rights and obligations of the contractual parties arising from purchase contracts concluded between the Seller and the Buyer, where the subject is the sale and purchase of Goods offered on the E-shop. By purchasing Goods through the E-shop, a purchase contract is concluded between the Seller and the Buyer (hereinafter referred to as the "Contract").
5. The Seller and the Buyer are required to follow these General Terms and Conditions (hereinafter referred to as "GTC") when conducting their contractual relationships established by purchasing Goods through the E-shop, as well as the relevant provisions of Act No. 40/1964 Coll. (Civil Code), Act No. 108/2024 Coll. (Consumer Protection Act) as amended.
6. Legal relations between the Seller and a Buyer who is a natural person (consumer) not explicitly regulated by these GTC are governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, and related regulations. Legal relations between the Seller and a Buyer who is a legal entity (entrepreneur) not explicitly regulated by these GTC are governed by the relevant provisions of Act No. 513/1991 Coll., the Commercial Code, and related regulations.

II. Conclusion of the Contract

1. The purchase contract is a distance contract concluded based on the Buyer's electronic order.
2. The Goods displayed in the online store do not represent a legally binding offer but a non-binding online catalog, and the Seller is not obligated to conclude a purchase contract for these Goods.
3. The Buyer submits a proposal to conclude the purchase contract by sending an order form (shopping cart) on the E-shop. By clicking the "Order with obligation to pay" button, the Buyer agrees to take possession of the ordered Goods and pay the agreed purchase price, delivery fee, and payment fee if selected. The agreed purchase price is the price stated for each product in the E-shop. The delivery and payment fees are those listed with each delivery and payment option for the ordered Goods.
4. The contract is concluded between the Buyer and the Seller selected by the Buyer during the ordering process or automatically assigned according to the delivery location. The proposal (order) will be accepted by sending an order confirmation to the email address provided during the ordering process or by handing over the Goods for shipment according to the instructions in the order.
5. The validity of the electronic order is subject to the truthful and complete filling out of the following essential information:
   • Buyer's contact details – name, surname, address, phone number, and email
   • Code, price, and quantity of the Goods that clearly define the order item (numerical designation of products according to their type, as listed in the electronic catalog)
   • Selected payment method
   • Selected delivery method and delivery address if applicable
   • Selected seller for personal collection of the Goods
6. The E-shop will immediately confirm the sent order by email and simultaneously inform the Buyer about the availability and delivery date of the Goods. All confirmed orders are binding. The Seller undertakes to deliver the correct type and quantity of Goods at the agreed price according to the order.
7. The E-shop has the right to cancel an order if the ordered Goods cannot be supplied. In such a case, the Buyer will be immediately refunded the full amount paid or offered replacement Goods or another solution if the Buyer agrees. The E-shop also has the right to cancel an order if it cannot contact the Buyer (e.g., incorrect or missing contact details, unavailability, etc.).

III. Instructions on Withdrawal from the Contract

1. The Buyer has the right to withdraw from a distance contract and a contract concluded outside the business premises of the Seller without stating a reason within 30 days from the day of receiving the Goods or concluding the contract whose subject is the provision of services. The Buyer may withdraw from the contract for Goods delivery even before the withdrawal period begins. The Buyer must notify the E-shop in writing of the withdrawal from the Contract by sending a notice of withdrawal by post or email to BIKE PEAK s.r.o., Mierová 854/37, 97247 OSLANY, Slovak Republic, telephone: +421 46 5492 332, email: shop@bikepeakstore.com. The Buyer may use the withdrawal form available on the E-shop website, but it is not mandatory.
2. The Buyer has the right to unpack and test the Goods within the withdrawal period similarly to a purchase in a physical store. However, testing does not mean using the Goods and then returning them to the Seller. The Buyer is responsible for any reduction in the value of the Goods due to handling beyond what is necessary to determine their nature, properties, and functionality, including damage to the packaging beyond the stated limit.
3. The Buyer cannot withdraw from the contract for:
   • Services that have started before the withdrawal period with the express consent of the consumer and where the service was fully provided
   • Goods made to the consumer’s specific requirements or personalized Goods
   • Goods that are perishable or quickly deteriorate in quality
   • Goods sealed for health or hygiene reasons that have been unsealed after delivery
4. When withdrawing from the Contract, the Buyer must return the delivered Goods to the E-shop in a complete and undamaged condition, including tags and labels, as delivered, together with documents and documentation supplied with the Goods and the purchase receipt. The Goods must be sent to the address of the E-shop (BIKE PEAK s.r.o., Mierová 854/37, 97247 OSLANY, Slovak Republic, telephone: +421 46 5492 332, email: shop@bikepeakstore.com) or delivered in person to the stated address.
5. The Buyer must return the Goods without undue delay, no later than 14 days from the date of notifying the E-shop of withdrawal from the Contract. The deadline is met if the Buyer sends the Goods back before the 14-day period expires.
6. The costs of returning the Goods within the 30-day withdrawal period without stating a reason are fully borne by the Buyer.
7. Upon valid withdrawal from the Contract, the E-shop must return all payments made by the Buyer concerning the returned Goods, including delivery costs (except additional costs for a delivery method other than the cheapest standard option offered by the E-shop), without undue delay, no later than 14 days from the date the E-shop receives the returned Goods. If the Goods are returned later, the refund period is extended accordingly.
8. Both contractual parties have the right to withdraw from the Contract in case of an obvious error in the price of the Goods (e.g., a price significantly different from the usual price for that type or kind of product).

IV. Payment Terms

1. Payment can be made using any payment method available through the E-shop for the given order. Some payment methods may incur fees. The fee amount is always stated during the ordering process for the selected payment method and order, and the Buyer can choose from the available options. The E-shop reserves the right to offer only certain payment methods for specific orders.
2. Prices in the E-shop are listed in euros and include VAT as required by law.
3. The Goods remain the property of the Seller until the purchase price is paid in full.
4. The costs of using remote communication means (phone, internet, etc.) for placing an order are at the standard rate depending on the Buyer's telecommunications service provider.

V. Delivery Terms

1. Delivery of Goods according to these GTC is possible only within the Slovak Republic. For delivery to another EU country, specific terms will be communicated to the Buyer with the order confirmation. Delivery outside the European Union is not possible.
2. The delivery time for Goods offered in the E-shop is usually the next business day after order confirmation. The maximum delivery time is specified individually for each product on the E-shop website.
3. Goods are delivered only in quantities typical for household use.
4. The Seller arranges the delivery of Goods at prices and by methods selected by the Buyer from the options offered during the order:
   • Personal collection at the selected pick-up location of the Seller
   • Courier service delivery to the address
   • Delivery through Packeta / Balíkovo to pick-up points or self-service boxes
   • Delivery by FedEX for orders containing batteries
5. The place of collection is determined by the Buyer by providing truthful information in the order. Delivery is considered fulfilled when the Goods are delivered to the specified address or collected in person at the selected pick-up location. The Buyer must collect the Goods within 4 business days of receiving the notification of delivery to the pick-up location. Otherwise, it will be treated as a withdrawal from the contract without stating a reason.
6. The Goods are adequately packaged and secured. The Buyer must check the package for damage upon delivery. In case of any damage, the Buyer must notify the courier immediately and file a damage report.
7. The Seller delivers a printed or electronic invoice (tax document), an operating manual, and a warranty card if required for the Goods.
8. The Seller is responsible for the Goods until they are accepted by the Buyer.
9. The Seller is not responsible for delayed delivery caused by the courier or damage caused during transport. The Seller must insure the Goods during transport. Any damage during transport will be resolved by delivering new Goods or refunding the Buyer after agreement with the Buyer.

VI. Warranty and Complaint Procedure

1. Goods purchased through the E-shop are subject to a general warranty period of 24 months. If the Seller provides a longer warranty period for specific Goods, it will be stated for each product on the E-shop website.
2. The complaint procedure is governed by the warranty conditions of the specific Goods, the Civil Code, Act No. 108/2024 Coll. (Consumer Protection Act), and special regulations.
3. The Seller is responsible for material or manufacturing defects, including transport damage. The Buyer must report such defects to the E-shop immediately.
4. The warranty does not cover defects caused by improper use, contrary to the intended purpose or manufacturer's instructions, or normal wear and tear without a relevant impact on functionality.
5. If the Seller is responsible for a defect, the Buyer has the right to have the defect repaired or the Goods replaced, a reasonable discount on the purchase price, or the right to withdraw from the purchase contract.
6. The Buyer can claim warranty rights only if the defect is reported within two months of its discovery, but no later than within two years from the date of purchase.
7. The Buyer must provide proof of purchase and a completed complaint form available on the E-shop website.

VII. Alternative Dispute Resolution

1. If the Buyer is not satisfied with how the Seller handled a complaint or believes that the Seller violated their rights, they may contact the Seller with a request for remedy. If the Seller rejects the request or fails to respond within 30 days, the Buyer may submit a proposal for alternative dispute resolution to a designated body according to Act No. 391/2015 Coll.
2. The consumer may also submit a complaint via the online platform for alternative dispute resolution (RSO).
3. Alternative dispute resolution is available only to consumers (natural persons) and applies only to disputes arising from a consumer contract concluded online. It does not apply to disputes where the value is less than EUR 20. The dispute resolution body may charge a fee of up to EUR 5 including VAT.

VIII. Sending Commercial and Marketing Communications

1. By subscribing to the newsletter, the Buyer agrees to receive commercial and marketing communications related to the E-shop, its products, services, or information about the E-shop at the email address provided.

IX. Exclusion of Liability for Third-Party Links

1. The E-shop contains links to third-party websites. BIKE PEAK expressly declares that it has no influence on the content of linked websites and is not responsible for their content.

X. Copyrights to Photos

1. All photo rights belong to BIKE PEAK s.r.o. Using photos without prior explicit consent is not allowed.

XI. Personal Data Protection

1. The processing of personal data is governed by Regulation (EU) 2016/679 (GDPR).
2. More information on personal data processing is available in the Privacy Policy section of the E-shop website.

XII. Identification Data and Supervisory Authority

Operator of the E-shop BIKE PEAK:

• Bike Peak s.r.o.
• Mierová 854/37
• 972 47 Oslany
• SLOVAKIA
• Company ID: 31627633
• Tax ID: 202125
• VAT ID: SK20212504620462

Supervisory Authority:
Slovak Trade Inspection (SOI)
SOI Inspectorate for the Trenčín Region
Hurbanova 59, 911 01 Trenčín

• Department of Supervision
• Phone: 032/6400 109
• Email: tn@soi.sk
• Website: www.soi.sk

These General Terms and Conditions are valid and effective from July 1, 2024, upon their publication on the Seller’s Website.