General Terms and Conditions
I. Basic Provisions
These General Terms and Conditions (hereinafter also “GTC”) regulate the relations between the parties to the purchase contract, when on the one hand there is the company INFOCAR a.s., with registered office Račianska 30/A, 831 02 Bratislava, ID number 35773090, registered in the Commercial Register of the District Court BA I, section: Sa, insert no. 2206/B as the seller (hereinafter referred to as the “Seller” or “INFOCAR a.s.”) and on the other hand there is the buyer, who may also be a consumer (hereinafter referred to as the “Buyer”). Further information about the Seller can be found on the website www.bikeAngel.eu.
A buyer is a consumer or an entrepreneur.
A consumer is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity or other business activity.
Legal relations of the Seller with the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act. No. 40/1964 Coll., Civil Code, as well as related regulations.
Entrepreneurs are understood to mean:
- a person registered in the commercial register,
- a person who does busines based on a trade license,
- a person who does business based on a license other than a trade license according to special regulations,
- a person who carries out agricultural production and is registered in accordance with a special regulation.
For the purposes of the General Terms and Conditions, an entrepreneur is also understood to mean a person who acts in accordance with the preceding sentence within the framework of his business activity. If the Buyer states his identification number (IČO) in the order, then he acknowledges that the rules specified in the GTC for entrepreneurs apply to him.
Legal relations of the Seller with the Buyer, who is an entrepreneur (hereinafter also the “Buyer-entrepreneur”), not expressly regulated by these GTC nor by the contract between the Seller and the Buyer are governed by the relevant provisions of Act. No. 513/1991 Coll., Commercial Code as amended, as well as related regulations. In the event of any differences between the GTC and the individual contract, the text of the contract takes precedence.
By submitting the order, the Buyer confirms that he has familiarized himself with these GTC, of which the Complaints Procedure is an integral part, with the terms of the ordered service and/or the license authorization provided and that he agrees with them, and that in the wording valid and effective at the moment the order is sent. The Buyer will receive a copy of the General Terms and Conditions as an attachment to the order confirmation to the specified email address.
The Buyer is aware that the purchase of products that are in the Seller’s business offer does not give him any rights to use registered brands, trade names, company logos or patents of the Seller or other companies, unless otherwise agreed in a specific contract.
The invoice as a tax document containing the basic data of the contract will be received by the Buyer at the specified email address. The Buyer agrees to this. The Buyer will receive the original printed form of the invoice in the box with the goods he had ordered, or in electronic form.
II. Purchase contract
1. Conclusion of the purchase contract
If the Buyer is a consumer (hereinafter also the “Buyer-consumer”), the proposal for concluding the purchase contract is the placement of the offered goods by the Seller on the website, the purchase contract is concluded by sending the order by the Buyer-consumer and accepting the order by the Seller. The Seller will immediately confirm this acceptance to the Buyer by an informative email to the specified email address, but this confirmation does not affect the conclusion of the contract. In the informative email, the Buyer will also find a link to the current version of the GTC and the Seller’s Complaints Procedure. The resulting contract (including the agreed price) can be changed or cancelled only based on the agreement of the parties or based on legal reasons. For an exception to this procedure, see point VI. Ordering.
If the Buyer is an entrepreneur, the proposal for concluding a purchase contract is the order of goods sent by the Buyer-entrepreneur, and the purchase contract itself is concluded at the moment of delivery of the Seller’s binding consent to the Buyer-entrepreneur with his proposal. The Seller is not responsible for any errors during data transfer. The contract is concluded in the Slovak language.
The concluded contract is archived by the Seller for a period of at least five years from its conclusion, but the longest for the period according to the relevant legal regulations, for the purpose of its successful fulfilment and is not accessible to non-participating third parties. Information about the individual technical steps leading to the conclusion of the contract can be found in these terms and conditions, where this process is clearly described. The Buyer has the opportunity to check and possibly correct the order before sending it. These General Terms and Conditions are available on individual portals of the Seller, and thus their archiving and reproduction by the Buyer is possible.
If the Buyer-Consumer is ordering services, then he hereby expresses his consent to them being provided to him before the expiration of the statutory withdrawal period.
2. Delivery of the subject of purchase
By the purchase contract, the Seller undertakes to hand over the item to the Buyer, provide the digital content/license that is the subject of the purchase, and enable him to acquire the ownership right/license to it, and the Buyer undertakes to take over the item/digital content and pay the purchase price to the Seller.
The Seller reserves the ownership right to the item, and therefore the Buyer becomes the owner only after full payment of the purchase price. This rule also applies in the case of the purchase of a license or service.
The Seller hands over the item and the documents relating to the item to the Buyer and allows the Buyer to acquire ownership of the item/license in accordance with the contract.
If the Seller is to send the item, he will hand over the item to the Buyer-entrepreneur by handing it over to the first carrier for transport for the Buyer and enable the Buyer to exercise the rights from the transport contract against the forwarder. The Seller will hand over the item to the Buyer-consumer only when the forwarder has handed over the item to him.
The Seller will hand over the purchased item to the Buyer in the agreed quantity, quality and design.
If it is not agreed how the item should be packed, the Seller will pack the item according to customs; if there are no customs, then in a manner necessary for the preservation of the item and its protection. In the same way, the Seller will procure the item for transport.
Regarding the minimization of damages and ensuring trouble-free supply, the Seller reserves the right to deliver the goods to the Buyer only after full payment of the total purchase price. As soon as the Buyer pays the total purchase price of the purchased goods, the Seller will make the shipment in accordance with the Buyer’s requirements specified in the order.
The Buyer is obliged when using all electronic content purchased from INFOCAR a.s. comply with the obligations established by these GTC (for the purposes of the GTC it is understood including SW, PC games, games for consoles, etc.) and legal regulations governing copyright works and the specific license conditions of the given product. If the Buyer violates the in this way established obligations, then he is obliged to pay any compensation for damages, while such actions may also have criminal consequences.
The Buyer is entitled to use all electronic works exclusively for his personal use, unless otherwise stated in the license conditions, whereby the purpose of this use is not to achieve direct or indirect economic or business benefit. The Buyer is also not entitled to copy the purchased electronic content, nor to reproduce it in any other way, to make descriptions, clippings from it, or to deal with it in any other way in violation of copyright, other legal regulations, or the license conditions of the given product. Access to electronic content may be prohibited or the license may be deactivated if the electronic content was obtained as a result of illegal activity.
This provision of the GTC also applies to electronic content that INFOCAR a.s. provided to the Buyer as a gift.
III. Security and protection of information
Regarding the protection and processing of the Buyer’s personal data by INFOCAR a.s. these GDPR personal data protection conditions will apply.
IV. Hours of operation
Orders can be made via the Internet or by e-mail at the email address email@example.com, 24 hours a day.
Buyers will be continuously informed about the receipt of the order and ongoing preparation in their profile.
In the event of an information system failure or force majeure, the Seller is not responsible for non-compliance with operating hours.
All prices are contractual. The online e-shop always has up-to-date and valid prices. The prices are final, i.e. including VAT, or all other taxes and fees that the consumer must pay to obtain the goods. This does not apply to possible fees for transport, etc., which are listed only in the so-called of the shopping basket and their amount depends on the choice of the Buyer.
Promotional prices are valid until the stocks are sold out when specifying the number of promotional goods or for a specified period of time.
The original price means the price of the goods/services/license for which the Seller offered the goods/services/license in question without taking into account the total possible bonuses, marketing campaigns to support sales and other discount promotions on the e-shop operated by him or the price non-bindingly recommended by the manufacturer or distributor, while the price that better reflects the price level of the given product on the market will always be displayed.
The Buyer acknowledges that in the event that the Buyer orders goods at the price published by mistake due to an error in the internal information system of INFOCAR a.s., is INFOCAR a.s. entitled to withdraw from the purchase contract, even after the Buyer has received an e-mail confirming his order. INFOCAR a.s. in such a case informs the Buyer about such a fact.
INFOCAR a.s. points out that the information system of INFOCAR a.s. – even for goods with an evidently incorrect price – automatically states that the goods are discounted, or goods on sale, etc. In case of doubt, whether the goods are really discounted or whether there is an evident error in the price of the goods, the Buyer is obliged to contact INFOCAR a.s. and check the information about the correctness of the price.
If INFOCAR a.s. purchased the goods from a non-VAT payer and offers them in the categories Used or Newish, the price of the goods is calculated without VAT in accordance with the provisions of § 66 of Act no. 222/2004 Coll. on value added tax. The Buyer acknowledges that this fact can be taken into account only when invoicing for the order in question.
The buyer will receive the goods at the price valid at the time of ordering. The buyer-consumer has the opportunity to familiarize himself with the total price, including VAT and all other fees, before placing the order. This price will be stated in the order and in the message confirming receipt of the order. Before placing an order, the buyer-consumer has the opportunity to familiarize himself with the fact for how long the offer or price remains valid.
The order can be made in the following ways:
- in the e-shop at the web address: www.bikeAngel.eu/shop
- in writing at the email address : firstname.lastname@example.org
The Buyer acknowledges that there may be cases when a contract between the Seller and the Buyer is not concluded, especially in the case where the Buyer orders goods at a price published by mistake due to an error in the Seller’s internal information system. In such a case, the Seller informs the Buyer of such a fact.
The Seller reserves the right to declare the purchase contract invalid if there has been misuse of personal data, misuse of a payment card, etc., or due to the intervention of an administrative or judicial authority, the Buyer will be informed of such a procedure.
The Buyer acknowledges that in the mentioned cases, the purchase contract cannot be validly entered into.
VII. Withdrawal from the contract
INFOCAR a.s. advises to the Buyer to back up data before withdrawing from the contract regarding the equipment or device on which he has his personal data and then delete it from this device.
Withdrawal from the contract by the Buyer who is a consumer
Pursuant to §7 of the Act on Consumer Protection in the Sale of Goods or Provision of Services Based on a Distance Contract or a contract concluded outside the seller’s premises and on the amendment of certain laws (Act No. 102/2014 Coll.), the Buyer has the right to withdraw from the contract thus concluded without giving a reason within 14 calendar days from the date of receipt of the goods or from the conclusion of the contract for the provision of services, while it is necessary that a letter of withdrawal from the contract be sent to the Seller within the specified period.
Send the notice of withdrawal from the contract and the goods to the address:
The goods should be returned by the Buyer-consumer no later than 14 days from the date of withdrawal from the contract complete, with complete documentation, undamaged, clean, if possible, including the original packaging, in the condition and value at which he took over the goods. In case of withdrawal from the contract within 14 days by the Buyer who is a consumer, the Buyer-consumer must send the notice of withdrawal from the contract to the e-mail address of INFOCAR a.s., namely email@example.com.
In the event that the returned goods are incomplete or damaged , the Seller may demand from the Buyer an amount corresponding to the reduction in the value of the goods (in accordance with §10 paragraph (4) of the Act on Consumer Protection in the Sale of Goods or Provision of Services based on a contract concluded at a distance or a contract concluded outside the Seller’s premises and on the amendment of certain laws).
Regarding consumer goods (e.g. cosmetics, drugstore products, etc.), it is possible to withdraw from the contract only if the Buyer delivers the goods undamaged and unused in intact original packaging.
The money for the returned goods will be returned to the Buyer-consumer within 14 days at the latest from the delivery of the notice of withdrawal from the purchase contract, subject to the validity of the last paragraph of this Part VII. Withdrawal from the contract.
Except for cases where the withdrawal from the contract is expressly agreed upon, the consumer cannot withdraw from contracts, the subject of which is:
a) the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed about it, that by expressing this consent he loses the right to withdraw from the contract after the service has been fully provided, and if the service has been fully provided,
b) the sale of goods or the provision of a service, the price of which depends on the movement of prices on the financial market, which the Seller cannot influence, and which may occur during the period for withdrawing from the contract,
c) sale of goods made according to special requirements of the consumer, custom made goods or goods intended specifically for one consumer,
d) sale of goods that are subject to a rapid reduction in quality or deterioration,
e) sale of goods enclosed in a protective packaging, which is not suitable to return due to health protection or hygiene reasons and whose protective packaging was broken after delivery,
f) sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,
g) performing urgent repairs or maintenance that the consumer has expressly requested from the Seller; this does not apply to service contracts and contracts the subject of which is the sale of goods other than spare parts necessary for repair or maintenance, if they were concluded during the Seller’s visit to the consumer and the consumer did not order these services or goods in advance,
h) sale of audio recordings, video recordings, audio-visual recordings, books or computer software sold in protective packaging, if the consumer has unpacked this packaging,
i) sale of periodicals, with the exception of sales based on a subscription agreement and sale of books not supplied in protective packaging,
j) provision of accommodation services to other than accommodation purpose, transportation of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the Seller undertakes to provide these services at the agreed time or within the agreed deadline,
k) provision of electronic content other than on a physical medium, if its provision began with express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.
l) in the event that the subject of the purchase contract is a gift voucher that was taken out of the protective packaging by the consumer (i.e. e.g. from the envelope), in such a case the secret code is published, which is thereby invalidated and used up.
m) in the event that the free additional services of INFOCAR a.s. portal operated by the Seller are non-functional or unavailable.
If the Buyer decides to withdraw within the specified period, we recommend that the goods be delivered to the Seller’s address together with the attached cover letter with the possible reason for withdrawal from the purchase contract (not a condition), with the number of the purchase document and the specified bank account number, or indicating, whether the amount will be paid in cash or whether it will be used for the next purchase.
The consumer acknowledges that if he withdraws from the contract, he will bear the costs of returning the goods to the Seller, and if he withdraws from a contract concluded remotely, the costs of returning the goods , which due to its nature cannot be returned via post.
The Buyer acknowledges the fact that if gifts are provided with the goods, the gift contract between INFOCAR a.s. and the Buyer is concluded with the condition that if the right to withdraw from the purchase contract is used within 14 days, the gift contract becomes ineffective and the consumer is obliged to return the related gifts along with the returned goods, including everything with which he was enriched. In the event that these gifts are not returned, these values will be understood as unjust enrichment of the consumer. If the return of the subject of unjustified enrichment is not possible, INFOCAR a.s. the right to monetary compensation in the amount of the usual price. In case of withdrawal from the gift contract, the purchase contract does not expire, and the contracts are considered separately from this point of view.
The Buyer acknowledges the fact that if gifts are provided together with the goods, it is not possible to exercise the right from the Seller’s responsibility for defects in the item.
When all the above conditions for the return of goods are met, the Buyer will be entitled to a refund of the paid financial amounts associated with the returned goods, which will be returned to the Buyer no later than 14 days after withdrawal from the contract. If the account number is not provided, the amount is automatically ready for withdrawal within the same period through the next purchase.
In case of withdrawal from the contract, the subject of which is the sale of goods, the Seller is not obliged to return the payments to the consumer according to previous paragraph before the goods are delivered to him or until the consumer proves sending the goods back to the Seller; unless the Seller proposes to pick up the goods personally or through a third party authorized by him.
Withdrawal from the contract by the buyer who is an entrepreneur
In the event that the Buyer is an entrepreneur, the Buyer-entrepreneur may be offered an alternative withdrawal from the purchase contract depending on the condition of the returned goods, the expired warranty, and the current price of the returned goods. The condition of the goods is assessed by the Seller. In case of non-agreement on terms acceptable to both parties, the goods will be returned at the expense of the Buyer. The Seller is entitled to charge the Buyer for any additional costs incurred.
If the Buyer is allowed to withdraw from the purchase contract within fourteen days and the return of the goods is not in the original packaging, including all its parts and accessories, the Buyer acknowledges that INFOCAR a.s. reserves the right to charge for such a return, in such an amount that INFOCAR a.s. will compensate for the costs that must be incurred for the reintroduction of the goods for sale.
When issuing a credit note, an identity card may be required from the Buyer (both consumer and entrepreneur) in order to protect the Buyer’s property rights. By submitting the identity card, the Buyer agrees to the processing of personal data according to point III. above (pursuant to Act 122/2013 Coll., On Personal Data Protection).
Withdrawal from the contract by INFOCAR a.s. in the event of an error in the price of the good
Outside of the cases stipulated by law, INFOCAR a.s. is entitled to withdraw from the contract in the event of an evident error in the price of the goods. It is possible to withdraw from the contract according to this point within 14 days from the day following the day of concluding the purchase contract between the Buyer and INFOCAR a.s. in the way that INFOCAR a.s. cancels the order of the Buyer or makes it known to the Buyer in another way that he withdraws from the contract. If the Buyer has paid at least part of the purchase price of the goods, this amount will be transferred back to his bank account no later than 14 days from the day following the day of withdrawal from the contract by INFOCAR a.s.
VIII. Payment conditions
The seller accepts the following payment conditions:
a) payment in advance by bank transfer,
b) payment through TatraPay online payment services,
c) cash on delivery payment upon delivery of the goods only in Slovakia (cash is taken from the Buyer by the forwarder).
The Goods remain the property of the Seller until full payment and takeover, but the risk of damage to the goods passes to the Buyer upon acceptance of the goods by the Buyer. INFOCAR a.s. reserves the right to offer the Buyer only selected payment methods at its own discretion.
The Buyer’s invoicing data cannot be changed retroactively after the order has been sent.
IX. Terms of Delivery
1. Methods of delivery
The Seller ensures or mediates the following methods of delivery:
- sending by the transport service chosen by the Buyer when creating the order,
- personal collection by the Buyer after the previous payment of the purchase price.
Individual methods of transport are offered according to the current availability of individual services and with respect to capacity and driving distance. In the event of force majeure or failure of the information system the INFOCAR a.s. is not responsible for late delivery of goods.
All offered modes of transport, their current conditions and prices will be displayed when the order is placed.
2. Other conditions
In the case of picking up an order that has been paid in advance via the Internet, INFOCAR a.s. or its contractual partner can demand the presentation of an identification card (identification document or passport), for the purpose of preventing damage and preventing the legalization of income from criminal activity. If the Buyer is a legal entity, the delivery of the goods or reimbursement of the credit note will only be allowed to the statutory body of the given legal entity. Without submitting any of these documents, INFOCAR a.s. or its contractual partner may refuse to issue the goods.
The Buyer, who is an entrepreneur, is obliged (this procedure is recommended for the Buyer who is a consumer) to check the condition of the shipment with the forwarder immediately upon delivery of the order (number of packages, intactness of the tape with the company logo, damage to the box) according to the attached waybill. The Buyer is entitled to refuse to accept a shipment that is not in accordance with the purchase contract by the fact that the shipment is e.g. incomplete or damaged. If the Buyer takes over the damaged shipment from the forwarder, it is necessary to describe the damage in the forwarder’s handover report. An incomplete or damaged shipment must be reported immediately by e-mail to the address firstname.lastname@example.org, a damage report must be drawn up with the forwarder, and this must be sent without undue delay by e-email or post to the Seller.
Additional complaints of incompleteness or external damage to the shipment do not deprive the Buyer of the right to complain about the item, but they give the Seller the opportunity to prove that it is not a violation of the purchase contract.
X. Warranty conditions
The warranty conditions for the goods are governed by the Seller’s Complaints Procedure and the valid legal regulations of the Slovak Republic. The purchase document serves as a warranty certificate.
The warranty period begins basically on the day the goods are received by the Buyer.
These warranties apply to new products.
For used products, the warranty is individual depending on the product in question.
XI. Final provisions
Purchased equipment and services of INFOCAR a.s. can only be used in a legal manner in accordance with the laws in force in the country in question.
Possible disputes between INFOCAR a.s. and the Buyer can also be resolved out of court. In such a case, the Buyer-consumer can contact the subject of out-of-court dispute resolution, which is, for example, the Slovak Trade Inspection (Slovenská obchodná inšpekcia) or resolve the dispute through the designated ODR platform.
The Seller recommends that the Buyer first contact INFOCAR a.s. to resolve the situation, before proceeding to an out-of-court settlement of the dispute.
The UN Convention on Contracts for the International Sale of Goods (CISG) in accordance with Art. 6 of this agreement shall not apply.
Contact e-mail address of the INFOCAR a.s. is: email@example.com.
These General Terms and Conditions are valid and effective from 1 January 2020 and repeal the previous version of the GTC. The Seller reserves the right to change the GTC without prior notice.
These General Terms and Conditions are an unofficial translation of the valid Slovak version of the General Terms and Conditions. In the event of any differences between these GTC in English and underlying GTC in Slovak , the text of the Slovak GTC takes precedence.