General Terms and Conditions of HUGO Bike s.r.o.
I.
general provisions
- These terms and conditions (hereinafter referred to as "Terms and Conditions") of the Company
HUGO Bike s.r.o., registered office Poříčská 282, Boršov nad Vltavou, identification number
28146603, registered in the Commercial Register kept at the Regional Court in České Budějovice
Budějovice, section C, insert 20398 (hereinafter referred to as the "Seller") ) regulate the mutual
the rights and obligations of the parties arising in connection with or pursuant to the purchase
contracts (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another person
(hereinafter referred to as the "Buyer") - Tenders without a specified limited validity period will be binding for 30 days
from the date specified in the offer. - All contracts entered into and material representations made are subject to the validity of
participants is in writing. Any reservations of the buyer that are contrary to
by these T&Cs will only be valid if expressly accepted in writing
the seller. - Provisions deviating from the terms and conditions may be agreed in the purchase contract.
The deviating provisions in the contract of sale take precedence over the provisions of the commercial
conditions. - The provisions of the terms and conditions are an integral part of the purchase contract. Purchase
the contract can be concluded in Czech or English. - The Seller may change or supplement the wording of the Terms and Conditions. Hereby
The provision shall be without prejudice to the rights and obligations arising during the period of effectiveness of
the previous version of the Terms and Conditions.
II.
order method - The order must always be made in writing in paper form or via
marked electronic contact of the seller in a situation where the order
has been delivered to the Seller in a conclusive manner. The contract of sale shall arise
by sending the order by the buyer after selecting the transport and payment method and accepting
orders HUGO Bike s.r.o. , for any errors in data transmission HUGO Bike s.r.o.
is not responsible. HUGO Bike s.r.o. will immediately confirm the conclusion of the contract
to the buyer by an informative email to the buyer's specified email. The contract can be changed
or cancel only by agreement of the parties or for lawful reasons.
The contract is concluded in the Czech language. If it arises for the buyer's need
translation of the text of the contract, in the event of a dispute over the interpretation of terms, the interpretation of
contracts in the Czech language.
Page !1 of 6! - By the purchase contract HUGO Bike s.r.o. undertakes to deliver to the buyer the item that
is the subject of the purchase, and will enable him to acquire title to it, and the purchaser shall
undertakes to take over the item and pay HUGO Bike s.r.o. the purchase price. - HUGO Bike s.r.o. reserves the ownership of the item and therefore the buyer becomes
by the owner only by full payment of the purchase price. - HUGO Bike s.r.o. will hand over the item to the buyer, as well as the documents related to the item
apply, and allow the buyer to acquire title to the property in accordance with
by contract. - If HUGO Bike s.r.o. has to ship the item, it will hand over the item to the buyer (entrepreneur)
handing over to the carrier for transport for the buyer and allowing the buyer to exercise the rights under
transport contract against the carrier, the object of purchase is delivered to the buyer -
to the consumer as soon as the item is handed over by the carrier. - HUGO Bike s.r.o. will deliver the object of purchase to the Buyer in the agreed quantity,
quality and performance. - If it is not agreed how the item should be packed, HUGO Bike s.r.o. will pack the item according to
customs; if not, then in a manner necessary for the preservation and protection of the thing.
HUGO Bike s.r.o. will provide the item for transport in the same way. - The buyer is obliged to inspect the item without undue delay after
the passing of the risk of damage to the property and ascertains its characteristics and quantity. - The risk of damage passes to the buyer upon acceptance of the item. The same consequence has,
if the buyer does not take possession of the item, although HUGO Bike s.r.o. has allowed him to dispose of it.
10.Damage to the property, which occurs after the risk of damage to the property has passed to the buyer, does not
affect his obligation to pay the purchase price, unless HUGO Bike s.r.o.
caused by a breach of duty.
11.Upon the party's agreement to accept the item, the other party shall be entitled to the item after prior
notice on behalf of the seller in an appropriate manner to sell after
granted the defaulting party an additional reasonable period of time to take possession. This applies even then,
if the party is in default of payment, which is conditional upon the delivery of the item.
III.
order requirements - The order must also contain the following:
a) name and surname of the buyer, address, bank connection
(b) business name, address, registration number, tax identification number, bank account and contact person
of the buyer, details of registration in the commercial or other register;
c) telephone, fax, electronic communication;
(d) the requested date and place of delivery of the goods
(e) the exact specification of the goods: - Together with the goods the buyer will receive: manual for operation and use of the product
Page !2 of 6!
IV.
price and payment terms
1.The price of the goods and any costs associated with the delivery of the goods under the contract of sale may be paid by the buyer
pay the seller
o cashless transfer to the seller's account no. 2700406262 / 2010, kept
at Fio banka a.s. (hereinafter referred to as the "Seller's account");
o through a loan granted by a third party. - Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with
with packing and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the following shall be understood
the purchase price and the costs associated with the delivery of the goods. - The seller does not require a deposit from the buyer and advance tax documents - invoices are not
exposed. However, the Seller requires payment of the full purchase price before shipment of the goods
to the buyer. In the case of goods that are modified according to the buyer's wishes, the modification will be initiated
only after payment of the full purchase price. The delivery period starts on the date of payment of the full purchase price.
Section 2119(1) of the Civil Code shall not apply. - The purchase price is payable within 14 days of the conclusion of the purchase contract. In case of non-cash payment, the
the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment.
In the case of 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.
5.Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined with each other. - If it is customary in the course of business or if it is provided for by generally binding legal regulations
regulations, the seller shall issue to the buyer in respect of payments made under the contract of sale
tax document - invoice. The seller is a payer of value added tax. Tax document - invoice
the seller will issue an invoice to the buyer after payment of the price of the goods with the date of issue on
payment of the purchase price of the goods and sends it in electronic form to the buyer's electronic address.
The tax document - invoice is also available to the buyer in his user account.
V.
transport and delivery of goods - If the mode of transport is agreed upon on the basis of a special request
buyer, the buyer bears the risk and any additional costs associated with this
mode of transport. - If the seller is obliged under the contract of sale to deliver the goods to the place specified
by the buyer in the order, the buyer is obliged to accept the goods upon delivery. - In the event that for reasons on the buyer's side it is necessary to deliver the goods repeatedly
or in a manner other than that specified in the order, the buyer is obliged to pay
costs associated with repeated delivery of goods, or costs associated with other
method of delivery. - Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging
the goods and in the event of any defects notify the carrier immediately. In the event of
finding a breach of the packaging indicative of tampering may not
the buyer to accept the shipment from the carrier. - Other rights and obligations of the parties in the carriage of goods may be governed by special delivery
the seller's terms and conditions, if issued by the seller.
Page !3 of 6!
VI.
withdrawal from the purchase contract - The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible
among other things, to withdraw from a contract for the supply of goods which have been adjusted according to
the wishes of the buyer or for his person and from the contract for the supply of goods in
a sealed package which the consumer has removed from the package. The buyer further acknowledges,
that all goods of the seller from the category of scooters, excluding used pieces
clearly marked as such (by the words "bazaar" or "demonstration") are goods,
which is adjusted according to the buyer's wishes. - Unless the case referred to in the preceding paragraph or any other case in which it is not possible to
of the purchase contract, the buyer shall, in accordance with the provisions of § 1829 para.
the Civil Code the right to withdraw from the purchase contract within fourteen (14) days
from the receipt of the goods, where the subject of the contract of sale is several
types of goods or the delivery of several parts, the time limit shall run from the date of receipt of the last
delivery of goods. The withdrawal from the purchase contract must be sent to the seller in
the time limit referred to in the preceding sentence. The buyer may withdraw from the purchase contract
send it, among other things, to the seller's business address or to the electronic address
Seller's mail info@hugobike.cz. - In the event of withdrawal from the purchase contract according to the previous paragraph, the purchase contract
from the beginning. 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 buyer the costs of returning the goods to the seller, even if,
where the goods cannot be returned by normal postal means due to their nature.
In case of withdrawal from the contract according to the previous paragraph, the seller shall return
funds received from the buyer without undue delay, no later than
fourteen (14) days after the buyer has withdrawn from the purchase contract, by the same
in the manner in which the seller has accepted them from the buyer. The Seller is also
entitled to return the performance provided by the buyer already when the goods are returned by the buyer or
in any other way, provided that the buyer agrees to this and that the buyer does not incur
other costs. If the buyer withdraws from the purchase contract, the seller is not obliged to
return the funds received to the buyer before the buyer returns the goods to the buyer
or proves that he has sent the goods to the seller. - The Seller is entitled to unilaterally claim compensation for damage to the goods
set off against the buyer's claim for a refund of the purchase price. The buyer is liable
to the seller only for the reduction in value of the goods resulting from the handling
the goods are to be handled in any other way than is necessary in view of their nature and
Features. - Until the time of acceptance of the goods by the buyer, the seller is entitled at any time from the purchase
to withdraw from the contract. In this case, the seller shall refund the purchase price to the buyer without
without undue delay, in cash to the account designated by the buyer.
VII.
other delivery terms and conditions - The Seller is entitled to withhold delivery of the goods if the Buyer is in default
with the payment of the purchase price or part thereof, or if the buyer has not fulfilled all
their obligations which have been agreed to be fulfilled before dispatch or.
delivery of the goods. - In the event that the Seller is in default in the delivery of the goods due to
exclusively on the part of the seller, the buyer is obliged to provide the sellers
an additional reasonable period of time to fulfil the obligation.
Page !4 of 6! - Delivery of the goods must be accepted by the buyer. The buyer is obliged to check
packaging and contents of the delivery without undue delay after handover and acceptance of the delivery
the goods and immediately inform the seller in writing of any defects
delivery (including incomplete delivery). In the event that the buyer fails to send within 5
working days written notice of other defects and defects in the delivery of the goods,
delivery of the goods shall be deemed to have been duly approved and accepted by the Buyer without
obvious defects. The parties declare that any breach of this obligation shall result in
exclusion of the seller's liability for the goods delivered. - If the goods are damaged in transit, the defect must be immediately
reported and claimed. - Partial deliveries are allowed. Partial delivery shall be decided by the Seller if
the parties do not agree otherwise. - In the event of delay by the Buyer in taking delivery of the goods or in the event of a breach of
any obligation of the buyer to provide cooperation, the seller is entitled to
claim compensation for damages, including any multi-costs. In this
the risk of damage to the goods passes to the buyer at the moment of
in which the buyer is in default in taking delivery of the goods. The same applies to the situation,
when the dispatch of the delivery of the goods is delayed at the request of the buyer or for the reason of,
which cannot be influenced by the seller. The risk of damage passes to the buyer first
the day following the original agreed delivery date. - Operational failures, delivery time overruns or subcontractor outages,
power shortages, traffic disruptions where such events cannot be foreseen, such as
for example, strikes, lockouts, official procedures and cases of force majeure deprive for a period of
the duration of the impediment and, within its scope, the affected party's liability.
VIII.
exclusions from warranty - The buyer's rights under defects or warranties shall cease if
a) the buyer or any third party repairs defects or modifies the delivery
independently without the prior written consent of the Seller;
b) the buyer - in the event of a defect - fails to make the appropriate
measures to minimize damage and does not give the seller the opportunity to defect
Remove; - Also excluded from the seller's warranty are defects that cannot be proven to have
origin of poor material, poor workmanship or defective design,
for example, defects arising from normal use, improper maintenance, failure to observe
maintenance instructions, failure to comply with the basic conditions notified in writing
the seller. - If it turns out that the delivered goods do not have defects that the seller would be obliged to
remove free of charge, the seller is entitled to charge the buyer for the costs that
...he's going to incur.
IX.
limitation of liability - All claims for compensation (including consequential damages such as
discontinuation of sales, loss of profit, and any other financial loss), reduction or discount
of the purchase price, cancellation of the contract, etc., which are not expressly mentioned in these GTC,
are excluded.
Page !5 of 6! - In particular, the buyer is not entitled to claim damages such as manufacturing
loss, utility loss, loss of contracts, loss of profits and other indirect and consequential or
economic losses.
X.
final provisions - If the relationship established by the contract of sale contains an international (foreign) element,
then the parties agree that the relationship shall be governed by Czech law. This is without prejudice to
consumer rights under generally binding legislation. - If any provision of the Terms and Conditions is invalid or ineffective, or the
such becomes the case, the invalid provisions are replaced by a provision whose meaning
is as close as possible to the invalid provision. Invalidity or ineffectiveness
one provision shall not affect the validity of the other provisions. Amendments and supplements
purchase contract or terms and conditions require a written form. - The purchase contract including the terms and conditions is archived by the seller
in electronic form and is not accessible to the buyer.
In Boršov nad Vltavou on 2 January 2017