Terms and Conditions

Terms and Conditions of Sale for e-commerce CYCLESTORE s.r.o.

1. GENERAL PROVISIONS AND DEFINITIONS

1.The present Terms and Conditions of Sale (hereinafter referred to as the "Terms and Conditions") apply to all purchases made from the e-commerce www.holokolo.com, operated by CYCLESTORE s.r.o, having its registered office at Za koníčkom 1/D, 902 01 Pezinok, Slovakia, Company Registration Number (ICO): 53 423 534, registered with the District Court Bratislava I, Insert No.: 81976/B, a private limited liability company incorporated under the law of Slovak Republic, email: info@holokolo.com, phone: +421 332 023 505.

2. Terms and Conditions form an integral part of the concluded sales contract between the buyer, on one hand, and the seller, on the other hand (hereinafter referred to as the “Contracting Parties”). All contractual relations are concluded in conformity with the system of law of Slovak Republic. In the case of the Buyer acting as a contracting party, the contractual relations, not regulated by these Terms and Conditions, shall be governed by the Act no. 40/1964 Coll., Civil Code as amended, Act no. 250/2007 Coll., Consumer Protection Act as amended, Act no. 102/2014 Coll. on Consumer Protection related to selling or providing of services based on a distance contract, or a contract concluded outside operational premises of the seller as amended, Act no. 22/2004 Coll. on E-Commerce as amended, in the present statutory texts. In case of the Seller acting as a contracting party, the contractual relations not regulated by these Terms and Conditions shall be governed by the Act no. 513/1991 Coll., Commercial Code.
3. Consumer´s Contract is every contract, irrespective of its legal form, which is concluded between the Supplier and the Consumer.
4. The Supplier – the Seller, is a person, who during the closure and fulfilment of Consumer´s Contract acts within the scope of his or hers commercial activities or other business activities (hereinafter referred to as the “Seller”).
5. The Buyer - the Consumer, is every natural or legal person who buys products or uses services for his or hers personal need or his or hers household member’s needs (hereinafter referred to as the “Buyer”).
6. The Buyer – the Entrepreneur, is every natural or legal person, who acts within the scope of his or hers commercial activities or other business activities and buys products or uses services for the purpose of his or hers entrepreneurship by its further resale or trade (hereinafter referred to as the “Buyer”).
   
   
7.   ORDER AND CONCLUSION OF SALES CONTRATCT
8. The Buyer chooses a product based on the actual offer published at the internet website www.holokolo.com, must confirm his or hers selection by clicking on the button “Buy”, fills in the order form (e-mail, in case of product purchase also the delivery address), chooses the quantity of products (eventually particularize the products parameters) and chooses the method of payment (collection on delivery, cash on personal receiving).
9. The orders placed on the website, www.holokolo.com, of the e-commerce are binding. By the consignment of order the Buyer confirms, through an active click, that he acquainted himself or herself and agrees with these Terms and Conditions.
10. The placement of offered products at the website www.holokolo.com constitutes the motion to conclude a contract, contract is concluded by sending the order on the Buyer´s side and by the acceptance of this order on the Seller´s side. The Seller shall confirm receiving of the order, without a delay, by an e-mail send to the e-mail address entered by the Buyer, however this confirmation does not have any influence on the conclusion of contract. It is not possible to one-sidedly make changes to a contract concluded this way.
11. Information regarding the particular steps leading to the conclusion of contract emerge from these Terms and Conditions. The Buyer shall always have the possibility to change or eventually correct the contract before sending the order.
12. The contract is concluded in the Slovak language, if no circumstances obstructing the conclusion of contract exist on both sides, it is possible to conclude the contract in different, for both sides comprehensible, languages.
13. The Seller shall deliver to the Buyer, included with the goods, all proper documents related to goods: invoice (tax document), eventually also warranty certificate (if provided by the producer).
14. The Buyer has a right to cancel the order, by e-mail or telephone, within 24 hours, the latest, from the time of order´s confirmation. In order to cancel the order, it is necessary to write a request and send it to the e-mail address info@holokolo.com, or to call on the following phone number +421 332 023 505.

III. WARRANTY AND WARRANTY CERTIFICATE

1. The warranty period is 24 months and starts flowing from the day of collection of goods by the Buyer. In a case, that the expiration period is marked at the sold product, at its packing or at the attached user manual for this product, the warranty period shall not be over until the expiration period lapses.
2. Pursuant to the Buyer´s request, the Seller is obliged to provide a warranty in written form (a warranty certificate). If the nature of goods allows for it, issuance of proof of purchase shall suffice instead of a warranty certificate.   
3. The warranty certificate shall include the Seller´s identification (his or hers first name and last name, the business´ name, address of the Seller´s registered office), warranty´s content, its extent and conditions, the warranty period and information necessary for the application of warranty. If warranty certificate does not include the prescribed essentials, this fact shall not constitute the invalidity of such warranty.
4. By means of a declaration, listed in the warranty certificate, to the Buyer, or by means of advertisement, it is possible for the Seller to provide a warranty which exceeds the extent of warranty prescribed by law, the conditions and extent of such a warranty shall be specified by the Seller in the warranty certificate.
5. The warranty does not cover the cases of ordinary wear-out, mechanical damage and such like things.
6. CONFORMITY WITH SALES CONTRACT
7. The sold goods must have the required, eventually established by law, quality, amount, measure or weight and must be without defects, and predominantly must satisfy the obligatory technical standards. If it is required to abide by certain rules when using the goods, especially if the usage of goods necessitates following of the user´s manual or is established by a technical standard, the Seller is obliged to inform the Buyer about these rules, unless the rules in question are rules commonly known. If the Seller does not fulfil this obligation, he or she is liable for all damages which arose from it.
8. COLLECTION OF ORDER
9. The Seller has a right to compensation for damages (according to Act no. 40/1964 Coll., §420 Civil Code) if the Buyer ordered goods, and he or she did not cancel the order nor did he or she withdraw from the contract, and at the same time he or she did not collect the goods from the deliverer or within the prescribed time period after the Seller´s notice to collect the order, in the case that the Buyer chose the personal pickup as a delivery option. By this behaviour, the Buyer violated his or hers obligation to collect the ordered goods.
10. When determining the amount of compensation for damages, the Seller takes into account first of all the delivery costs and fees associated with it in the case of shipment of goods, costs connected to packaging, expedition and administration of order as well as all other costs which arose during the realisation of order in question. Seller shall have, at the same time, the right to charge for the lost profit.
11. The Seller shall also have a right to not enforce his or hers right to compensation for damages or to enforce this right partly.  
12. The Buyer has an obligation to verify the intactness of good´s packaging and whether the delivery shows signs of defects or not. In the case of defective goods it is necessary to draw up the protocol about defects with deliverer´s agent. On the basis of such protocol, delivered to the Seller, the Buyer has a right to refuse the collection of defective goods and consequently file a complaint for defective goods to the Seller. If the Buyer detects defects or other irregularities after the collection of goods, he or she is obliged to inform the Seller about these facts without a delay. Unless the Buyer does not do so, entitlements from complaints for liability for defects shall be granted only if he or she demonstrates that these goods have been defective in the time of its collection.
13. In a case that the order is damaged, the Buyer shall not collect the goods and shall draw up a protocol with the company which is in charge of delivering the goods

1. FINAL PROVISIONS
2. The present Terms and Conditions shall hold in the wording, set forth at the websites www.holokolo.com on the day of send out of order by the Buyer, who accepts them without any reservations, what shall be also confirmed by the Buyer´s active click during the order´s confirmation.
3. The Seller reserves a right for potential changes or supplementation of Terms and Conditions. The formation of an order shall be governed by the Terms and Conditions valid and effective during the formation of this order.