1. Breakdown of the eshop operator by country of delivery

    1. Eshop operator (hereinafter referred to as"seller ") for EU customers : RaceGear s.r.o. , with its registered office on 2. května 841, 742 13 Studénka, identification number: 09992413, registered in the commercial register maintained by the Regional Court in Ostrava, section C, insert 84932.

    2. Eshop operator (hereinafter referred to as"seller ") for customers outside the EU : CUBE-IN solutions s.r.o. , with the registered office of Jaromíra Šámala 914/9, 725 25 Ostrava, identification number: 28621778, registered in the commercial register maintained by the Regional Court in Ostrava, section C, insert 35155.

  2. Introductory provisions

    1. These Terms and Conditions(hereinafter referred to as the " Terms and Conditions ") are adjusted in accordance withthe provisions of § 1751 para. 1 of Act No. 89/2012 Coll.,civil code (hereinafter referred to as the " Civil Code ") mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract(hereinafter referred to as the "Purchase Agreement ") concluded between the Seller and another natural person(hereinafter referred to as the " Buyer") through theSeller's Online Store. The online store is operated bythe seller on a website located on the internet address www.racegear.eu, www.racegear.cz (hereinafter referred to as the " website "), through the website interface(hereinafter referred to as the "web interfaceof thestore ").

    2. The terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal person or a person who acts in the ordering of goods in the course of his business activity or in the course of his independent exercise of his profession.

    3. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Divergent arrangements in the purchase contract take precedence over the provisions of the Terms and Conditions.

    4. The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in Czech. The purchase contract can be concluded in Czech.

    5. The seller may change or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.

  3. User account

    1. Based on the buyer's registration made on the website, the buyer can access his user interface. From its user interface, the buyer can order goods (hereinafter referred to as the" user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

    2. When registering on the website and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering the goods are considered correct by the seller.

    3. Access to the user account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

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

    5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).

    6. The Buyer acknowledges that the user account may not be available 24/7, especially with regard to the necessary maintenance of the seller's hardware and software, or the necessary maintenance of third-party hardware and software.

  4. Conclusion of the purchase contract

    1. All presentation of the goods placed in the web interface of the store is informative and the seller is not obliged to conclude a purchase contract for these goods. Article 1732(1) of the 1990 Act of Accession provides that the commission should be Article 2 of the Civil Code does not apply.

    2. The web interface of the store contains information about the goods, including the prices of the individual goods. The prices of the goods are stated including value added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.

    3. The store's web interface also contains information about the costs associated with packaging and delivery of goods. Information about the costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

    4. To order the goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:

      1. buyer identification data - title, first and last name, address of residence, delivery address, identification number, tax identification number, e-mail address and telephone number,

      2. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),

      3. the method of payment of the purchase price of the goods, details of the requested method of delivery of the ordered goods and

      4. information on the costs associated with the delivery of the goods (collectively referred to as" order").

    5. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, also taking into account the buyer's ability to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking on the "Finish order" button. The information provided in the order is considered correct by the seller. Immediately after receiving the order, the seller confirms this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mailaddress ").

    6. Depending on the nature of the order (special goods, goods produced or modified according to the buyer's wishes, quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone).

    7. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.

    8. The buyer agrees to use the means of distance communication when concluding the purchase contract. The costs incurred by the buyer when using the means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, telephone calls costs) are borne by the buyer himself, and these costs do not different from the basic rate.

  5. Price of goods and payment terms

    1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the manner specified on the seller's website in the section "All about the purchase".

    2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods are also understood.

    3. The seller does not require a deposit or other similar payment from the buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

    4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within five (5) working days of the conclusion of the purchase contract.

    5. In the case of a non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of a non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.

    6. The seller is entitled, especially if there is no additional confirmation of the order by the buyer (Art. 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of Paragraph 2119(1) of the 2003 Act of Accession of the European Community shall apply to the Article 1 of the Civil Code does not apply.

    7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

    8. If this is usual in the course of business or if it is stipulated by generally binding legal regulations, the seller will issue the buyer with a tax document – an invoice regarding payments made on the basis of the purchase contract. The seller is a value added tax payer. Tax document – the invoice is issued by the seller to the buyer after payment of the price of the goods and in printed form he packs it with the goods. At the buyer's request, the seller sends a tax document – an invoice in electronic form to the buyer's e-mail address.

  6. Withdrawal from the purchase contract

    1. The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods that have been modified according to the buyer's wishes or for his person, from the purchase contract for the delivery of goods that are subject to rapid destruction, as well as from goods that have been irretrievably mixed with other goods after delivery, from the purchase contract for the delivery of goods in a closed package, which the buyer has removed from the packaging and for hygienic reasons cannot be returned, from the purchase contract for the supply of audio or video recordings or computer program, if he has violated their original packaging, from the purchase contract for the supply of newspapers, periodicals or magazines, from the purchase contract for accommodation, transport, catering or leisure use, if the seller provides such services within the specified time limit and from the purchase contract for the supply of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he has no right of withdrawal from the contract.

    2. Unless the case referred to in Article 5.1 of the Terms and Conditions or any other case in which the purchase contract cannot be with withered, the buyer shall, in accordance with the provisions of § 1829 para. 1 of the Civil Code the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the model form provided by the seller, which forms an annex to the terms and conditions.  Withdrawal from the purchase contract may be sent by the buyer, inter alia, to the address of the seller's premises or to the e-mail address of the info@racegear.eu.

    3. In case of withdrawal from the purchase contract pursuant to Art. 5.2 of the Terms and Conditions, the purchase contract is cancelled from the outset. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.

    4. In case of withdrawal from the contract pursuant to Art. 5.2 of the Terms and Conditions, the seller returns the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same way as the seller accepted them from the buyer. The seller is also entitled to return the performance provided by the buyer already when returning the goods by the buyer or otherwise, if the buyer agrees to this and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.

    5. The seller is entitled to unilaterally count the claim against the buyer's claim for a refund of the purchase price.

    6. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In this case, the seller returns the purchase price to the buyer without undue delay, by cashlessly to the account specified by the buyer.

    7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift will expire and the buyer is obliged to return the provided gift together with the goods to the seller.

  7. Transport and delivery of goods

    1. If the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

    2. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods on delivery.

    3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.

    4. When taking over the goods from the carrier, the buyer is obliged to check the intactness of the packaging of the goods and, in case of any defects, immediately notify the carrier. In the event of a violation of the packaging indicating unauthorised intrusion into the consignment, the buyer does not have to take over the consignment from the carrier.

    5. Other rights and obligations of the parties in the transport of goods may be adjusted by the seller's special delivery conditions if they are issued by the seller.

  8. Rights from defective performance

    1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

    2. The seller corresponds to the buyer that the goods do not have defects when they are taken over. In particular, the seller corresponds to the buyer that at the time when the buyer took over the goods:

      1. the goods have characteristics agreed upon by the parties and, in the lack of an arrangement, have such characteristics as the seller or manufacturer has described or which the buyer expected, taking into account the nature of the goods and the advertising carried out by them,

      2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are normally used,

      3. the goods correspond to the quality or execution of the agreed sample or draft, if the quality or design has been determined according to the agreed sample or model,

      4. the goods are in the appropriate quantity, scale or weight;

      5. the goods comply with the requirements of the legislation.

    3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to a defect corresponding to the degree of use or wear and tear that the goods had at the time of receipt by the buyer, or if this results from the nature of the goods.

    4. If the defect occurs within six months of receipt, the goods shall be considered to have been defective at the time of receipt.

    5. Rights from defective performance are exercised by the buyer at the seller's address at the address of his establishment, where acceptance of the complaint is possible with regard to the assortment of goods sold, possibly also at the registered office or place of business. The moment when the seller received the claimed goods from the buyer shall be deemed to be the moment when the complaint is made.

    6. Other rights and obligations of the parties related to the seller's liability for defects may be adjusted by the Seller's Complaints Procedure.

  9. Other rights and obligations of the Contracting Parties

    1. The buyer takes ownership of the goods by paying the full purchase price of the goods.

    2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826 para. 1(e) of the Civil Code.

    3. Out-of-court handling of buyer complaints is ensured by the seller via the info@racegear.eu. The seller will send information about the handling of the buyer's complaint to the buyer's e-mail address.

    4. The seller is entitled to sell the goods on the basis of a trade license. Trade inspection is carried out within the scope of its competence by the relevant trade licensing office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, to a defined extent, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

    5. The Buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para. It is not possible to apply the provisions of Article 2 of the Civil Code.

  10. Privacy

    1. The protection of the personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

    2. The Buyer agrees to the processing of the following personal data: title, first and last name, address of residence, delivery address, identification number, tax identification number, e-mail address, telephone number and bank account number (collectively all as "personal data").

    3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realization of rights and obligations from the purchase contract and for the purpose of keeping a user account. If the buyer does not choose another option, he also agrees to the processing of personal data by the seller for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety pursuant to this Article is not a condition that would in itself make it impossible to conclude a purchase contract.

    4. The Buyer acknowledges that he is obliged to state his personal data (when registering, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay of a change in his personal data.

    5. By processing the buyer's personal data, the seller may entrust a third party as a processor. The buyer's personal data may be transferred to persons transporting the goods (e.g. Czech Post, s.p., PPL CZ s.r.o., UPS s.r.o., etc.) to the minimum extent (information necessary for the delivery of goods), persons processing the evaluation of the course of the order (e.g. Heureka Shopping s.r.o., Seznam.cz, a.s., etc.) to a minimum extent (from the rule only the buyer's e-mail address). In addition to the listed persons, personal data will not be transmitted by the seller to third parties without the prior consent of the buyer.

    6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

    7. The Buyer confirms that the personal data provided is accurate and that he has been advised that this is a voluntary provision of personal data.

    8. In the event that the Buyer would believe that the seller or processor (Art. 9.5) is processing his personal data that is contrary to the protection of the buyer's private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, he may:

      1. ask the seller or processor for an explanation,

      2. require the seller or processor to remove the situation thus created.

    9. If the buyer requests information about the processing of his personal data, the seller is obliged to pass on this information to him. The seller has the right to demand reasonable remuneration for the provision of the information according to the previous sentence, not in addition to the costs necessary for the provision of the information.

  11. Sending commercial communications and storing cookies

    1. The Buyer agrees to send information related to the goods, services or business of the seller to the buyer's e-mail address, SMS messages to the buyer's phone number and also agrees to send commercial communications by the seller to the buyer's e-mail address.

    2. The buyer agrees to store so-called cookies on his computer. If the purchase on the website can be made and the seller's obligations under the purchase contract can be fulfilled without storing so-called cookies on the buyer's computer, the buyer can withdraw the consent according to the previous sentence at any time.

  12. Delivery

    1. It can be delivered to the buyer to the e-mail address specified in his user account or stated by the buyer in the order.

  13. Final provisions

    1. These Terms and Conditions, including their components, are valid and effective from August 1, 2021 and cancel the previous version of the Terms and Conditions, including its components, and are available at the company's registered office or in electronic form on the seller's website.

    2. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the rights of the buyer arising from generally binding legal regulations.

    3. Any disputes between the seller and the buyer can also be settled out of court. In such a case, the buyer consumer may contact anout-of-courtdispute resolution entity, such as the Czech Trade Inspection Authority(http://www.coi.cz/)or resolve the dispute online through a designated ODR platform(https://webgate.ec.europa.eu/odr/main/index.cfm). More information on out-of-court dispute resolution can be found on the website of the Czech TradeHttp://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr/. Before the out-of-court settlement of the dispute is made, the seller recommends that the buyer first use the contact with the seller to resolve the situation.

    4. If a provision of the Terms and Conditions is invalid or ineffective, or becomes such, a provision whose meaning is as close as possible to the invalid provision shall take place instead of the invalid provisions. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.

    5. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

    6. The annex to the terms and conditions consists of a model form for withdrawal from the purchase contract.

    7. Contact details of the seller for customers from EU countries: address for delivery RaceGear s.r.o., 2 května 841, 742 13 Studénka, Czech Republic, e-mail address info@racegear.eu, phone +420 727 955 926.

    8. Contact details of the seller for customers from outside the EU: address for delivery CUBE-IN solutions s.r.o., Jaromíra Šámala 914/9, 725 25 Ostrava, Czech Republic, e-mail address info@cube-in.cz, phone +420 775 622 666.

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