{"id":35,"date":"2022-07-06T21:47:08","date_gmt":"2022-07-06T19:47:08","guid":{"rendered":"https:\/\/www.hugobike.cz\/?page_id=35"},"modified":"2022-10-25T13:09:30","modified_gmt":"2022-10-25T11:09:30","slug":"terms-of-trade","status":"publish","type":"page","link":"https:\/\/www.hugobike.cz\/en\/obchodni-podminky\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"<p>General Terms and Conditions of HUGO Bike s.r.o.<br>I.<br>general provisions<\/p>\n\n\n\n<ol class=\"wp-block-list\"><li>These terms and conditions (hereinafter referred to as \"Terms and Conditions\") of the Company<br>HUGO Bike s.r.o., registered office Po\u0159\u00ed\u010dsk\u00e1 282, Bor\u0161ov nad Vltavou, identification number<br>28146603, registered in the Commercial Register kept at the Regional Court in \u010cesk\u00e9 Bud\u011bjovice<br>Bud\u011bjovice, section C, insert 20398 (hereinafter referred to as the \"Seller\") ) regulate the mutual<br>the rights and obligations of the parties arising in connection with or pursuant to the purchase<br>contracts (hereinafter referred to as the \"Purchase Contract\") concluded between the Seller and another person<br>(hereinafter referred to as the \"Buyer\")<\/li><li>Tenders without a specified limited validity period will be binding for 30 days<br>from the date specified in the offer.<\/li><li>All contracts entered into and material representations made are subject to the validity of<br>participants is in writing. Any reservations of the buyer that are contrary to<br>by these T&amp;Cs will only be valid if expressly accepted in writing<br>the seller.<\/li><li>Provisions deviating from the terms and conditions may be agreed in the purchase contract.<br>The deviating provisions in the contract of sale take precedence over the provisions of the commercial<br>conditions.<\/li><li>The provisions of the terms and conditions are an integral part of the purchase contract. Purchase<br>the contract can be concluded in Czech or English.<\/li><li>The Seller may change or supplement the wording of the Terms and Conditions. Hereby<br>The provision shall be without prejudice to the rights and obligations arising during the period of effectiveness of<br>the previous version of the Terms and Conditions.<br>II.<br>order method<\/li><li>The order must always be made in writing in paper form or via<br>marked electronic contact of the seller in a situation where the order<br>has been delivered to the Seller in a conclusive manner. The contract of sale shall arise<br>by sending the order by the buyer after selecting the transport and payment method and accepting<br>orders HUGO Bike s.r.o. , for any errors in data transmission HUGO Bike s.r.o.<br>is not responsible. HUGO Bike s.r.o. will immediately confirm the conclusion of the contract<br>to the buyer by an informative email to the buyer's specified email. The contract can be changed<br>or cancel only by agreement of the parties or for lawful reasons.<br>The contract is concluded in the Czech language. If it arises for the buyer's need<br>translation of the text of the contract, in the event of a dispute over the interpretation of terms, the interpretation of<br>contracts in the Czech language.<br>Page !1 of 6!<\/li><li>By the purchase contract HUGO Bike s.r.o. undertakes to deliver to the buyer the item that<br>is the subject of the purchase, and will enable him to acquire title to it, and the purchaser shall<br>undertakes to take over the item and pay HUGO Bike s.r.o. the purchase price.<\/li><li>HUGO Bike s.r.o. reserves the ownership of the item and therefore the buyer becomes<br>by the owner only by full payment of the purchase price.<\/li><li>HUGO Bike s.r.o. will hand over the item to the buyer, as well as the documents related to the item<br>apply, and allow the buyer to acquire title to the property in accordance with<br>by contract.<\/li><li>If HUGO Bike s.r.o. has to ship the item, it will hand over the item to the buyer (entrepreneur)<br>handing over to the carrier for transport for the buyer and allowing the buyer to exercise the rights under<br>transport contract against the carrier, the object of purchase is delivered to the buyer -<br>to the consumer as soon as the item is handed over by the carrier.<\/li><li>HUGO Bike s.r.o. will deliver the object of purchase to the Buyer in the agreed quantity,<br>quality and performance.<\/li><li>If it is not agreed how the item should be packed, HUGO Bike s.r.o. will pack the item according to<br>customs; if not, then in a manner necessary for the preservation and protection of the thing.<br>HUGO Bike s.r.o. will provide the item for transport in the same way.<\/li><li>The buyer is obliged to inspect the item without undue delay after<br>the passing of the risk of damage to the property and ascertains its characteristics and quantity.<\/li><li>The risk of damage passes to the buyer upon acceptance of the item. The same consequence has,<br>if the buyer does not take possession of the item, although HUGO Bike s.r.o. has allowed him to dispose of it.<br>10.Damage to the property, which occurs after the risk of damage to the property has passed to the buyer, does not<br>affect his obligation to pay the purchase price, unless HUGO Bike s.r.o.<br>caused by a breach of duty.<br>11.Upon the party's agreement to accept the item, the other party shall be entitled to the item after prior<br>notice on behalf of the seller in an appropriate manner to sell after<br>granted the defaulting party an additional reasonable period of time to take possession. This applies even then,<br>if the party is in default of payment, which is conditional upon the delivery of the item.<br>III.<br>order requirements<\/li><li>The order must also contain the following:<br>a) name and surname of the buyer, address, bank connection<br>(b) business name, address, registration number, tax identification number, bank account and contact person<br>of the buyer, details of registration in the commercial or other register;<br>c) telephone, fax, electronic communication;<br>(d) the requested date and place of delivery of the goods<br>(e) the exact specification of the goods:<\/li><li>Together with the goods the buyer will receive: manual for operation and use of the product<br>Page !2 of 6!<br>IV.<br>price and payment terms<br>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<br>pay the seller<br>o cashless transfer to the seller's account no. 2700406262 \/ 2010, kept<br>at Fio banka a.s. (hereinafter referred to as the \"Seller's account\");<br>o through a loan granted by a third party.<\/li><li>Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with<br>with packing and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the following shall be understood<br>the purchase price and the costs associated with the delivery of the goods.<\/li><li>The seller does not require a deposit from the buyer and advance tax documents - invoices are not<br>exposed. However, the Seller requires payment of the full purchase price before shipment of the goods<br>to the buyer. In the case of goods that are modified according to the buyer's wishes, the modification will be initiated<br>only after payment of the full purchase price. The delivery period starts on the date of payment of the full purchase price.<br>Section 2119(1) of the Civil Code shall not apply.<\/li><li>The purchase price is payable within 14 days of the conclusion of the purchase contract. In case of non-cash payment, the<br>the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment.<br>In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of<br>crediting the relevant amount to the seller's account.<br>5.Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined with each other.<\/li><li>If it is customary in the course of business or if it is provided for by generally binding legal regulations<br>regulations, the seller shall issue to the buyer in respect of payments made under the contract of sale<br>tax document - invoice. The seller is a payer of value added tax. Tax document - invoice<br>the seller will issue an invoice to the buyer after payment of the price of the goods with the date of issue on<br>payment of the purchase price of the goods and sends it in electronic form to the buyer's electronic address.<br>The tax document - invoice is also available to the buyer in his user account.<br>V.<br>transport and delivery of goods<\/li><li>If the mode of transport is agreed upon on the basis of a special request<br>buyer, the buyer bears the risk and any additional costs associated with this<br>mode of transport.<\/li><li>If the seller is obliged under the contract of sale to deliver the goods to the place specified<br>by the buyer in the order, the buyer is obliged to accept the goods upon delivery.<\/li><li>In the event that for reasons on the buyer's side it is necessary to deliver the goods repeatedly<br>or in a manner other than that specified in the order, the buyer is obliged to pay<br>costs associated with repeated delivery of goods, or costs associated with other<br>method of delivery.<\/li><li>Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging<br>the goods and in the event of any defects notify the carrier immediately. In the event of<br>finding a breach of the packaging indicative of tampering may not<br>the buyer to accept the shipment from the carrier.<\/li><li>Other rights and obligations of the parties in the carriage of goods may be governed by special delivery<br>the seller's terms and conditions, if issued by the seller.<br>Page !3 of 6!<br>VI.<br>withdrawal from the purchase contract<\/li><li>The Buyer acknowledges that according to the provisions of \u00a7 1837 of the Civil Code, it is not possible<br>among other things, to withdraw from a contract for the supply of goods which have been adjusted according to<br>the wishes of the buyer or for his person and from the contract for the supply of goods in<br>a sealed package which the consumer has removed from the package. The buyer further acknowledges,<br>that all goods of the seller from the category of scooters, excluding used pieces<br>clearly marked as such (by the words \"bazaar\" or \"demonstration\") are goods,<br>which is adjusted according to the buyer's wishes.<\/li><li>Unless the case referred to in the preceding paragraph or any other case in which it is not possible to<br>of the purchase contract, the buyer shall, in accordance with the provisions of \u00a7 1829 para.<br>the Civil Code the right to withdraw from the purchase contract within fourteen (14) days<br>from the receipt of the goods, where the subject of the contract of sale is several<br>types of goods or the delivery of several parts, the time limit shall run from the date of receipt of the last<br>delivery of goods. The withdrawal from the purchase contract must be sent to the seller in<br>the time limit referred to in the preceding sentence. The buyer may withdraw from the purchase contract<br>send it, among other things, to the seller's business address or to the electronic address<br>Seller's mail info@hugobike.cz.<\/li><li>In the event of withdrawal from the purchase contract according to the previous paragraph, the purchase contract<br>from the beginning. The goods must be returned to the seller within fourteen (14) days of<br>withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears<br>the buyer the costs of returning the goods to the seller, even if,<br>where the goods cannot be returned by normal postal means due to their nature.<br>In case of withdrawal from the contract according to the previous paragraph, the seller shall return<br>funds received from the buyer without undue delay, no later than<br>fourteen (14) days after the buyer has withdrawn from the purchase contract, by the same<br>in the manner in which the seller has accepted them from the buyer. The Seller is also<br>entitled to return the performance provided by the buyer already when the goods are returned by the buyer or<br>in any other way, provided that the buyer agrees to this and that the buyer does not incur<br>other costs. If the buyer withdraws from the purchase contract, the seller is not obliged to<br>return the funds received to the buyer before the buyer returns the goods to the buyer<br>or proves that he has sent the goods to the seller.<\/li><li>The Seller is entitled to unilaterally claim compensation for damage to the goods<br>set off against the buyer's claim for a refund of the purchase price. The buyer is liable<br>to the seller only for the reduction in value of the goods resulting from the handling<br>the goods are to be handled in any other way than is necessary in view of their nature and<br>Features.<\/li><li>Until the time of acceptance of the goods by the buyer, the seller is entitled at any time from the purchase<br>to withdraw from the contract. In this case, the seller shall refund the purchase price to the buyer without<br>without undue delay, in cash to the account designated by the buyer.<br>VII.<br>other delivery terms and conditions<\/li><li>The Seller is entitled to withhold delivery of the goods if the Buyer is in default<br>with the payment of the purchase price or part thereof, or if the buyer has not fulfilled all<br>their obligations which have been agreed to be fulfilled before dispatch or.<br>delivery of the goods.<\/li><li>In the event that the Seller is in default in the delivery of the goods due to<br>exclusively on the part of the seller, the buyer is obliged to provide the sellers<br>an additional reasonable period of time to fulfil the obligation.<br>Page !4 of 6!<\/li><li>Delivery of the goods must be accepted by the buyer. The buyer is obliged to check<br>packaging and contents of the delivery without undue delay after handover and acceptance of the delivery<br>the goods and immediately inform the seller in writing of any defects<br>delivery (including incomplete delivery). In the event that the buyer fails to send within 5<br>working days written notice of other defects and defects in the delivery of the goods,<br>delivery of the goods shall be deemed to have been duly approved and accepted by the Buyer without<br>obvious defects. The parties declare that any breach of this obligation shall result in<br>exclusion of the seller's liability for the goods delivered.<\/li><li>If the goods are damaged in transit, the defect must be immediately<br>reported and claimed.<\/li><li>Partial deliveries are allowed. Partial delivery shall be decided by the Seller if<br>the parties do not agree otherwise.<\/li><li>In the event of delay by the Buyer in taking delivery of the goods or in the event of a breach of<br>any obligation of the buyer to provide cooperation, the seller is entitled to<br>claim compensation for damages, including any multi-costs. In this<br>the risk of damage to the goods passes to the buyer at the moment of<br>in which the buyer is in default in taking delivery of the goods. The same applies to the situation,<br>when the dispatch of the delivery of the goods is delayed at the request of the buyer or for the reason of,<br>which cannot be influenced by the seller. The risk of damage passes to the buyer first<br>the day following the original agreed delivery date.<\/li><li>Operational failures, delivery time overruns or subcontractor outages,<br>power shortages, traffic disruptions where such events cannot be foreseen, such as<br>for example, strikes, lockouts, official procedures and cases of force majeure deprive for a period of<br>the duration of the impediment and, within its scope, the affected party's liability.<br>VIII.<br>exclusions from warranty<\/li><li>The buyer's rights under defects or warranties shall cease if<br>a) the buyer or any third party repairs defects or modifies the delivery<br>independently without the prior written consent of the Seller;<br>b) the buyer - in the event of a defect - fails to make the appropriate<br>measures to minimize damage and does not give the seller the opportunity to defect<br>Remove;<\/li><li>Also excluded from the seller's warranty are defects that cannot be proven to have<br>origin of poor material, poor workmanship or defective design,<br>for example, defects arising from normal use, improper maintenance, failure to observe<br>maintenance instructions, failure to comply with the basic conditions notified in writing<br>the seller.<\/li><li>If it turns out that the delivered goods do not have defects that the seller would be obliged to<br>remove free of charge, the seller is entitled to charge the buyer for the costs that<br>...he's going to incur.<br>IX.<br>limitation of liability<\/li><li>All claims for compensation (including consequential damages such as<br>discontinuation of sales, loss of profit, and any other financial loss), reduction or discount<br>of the purchase price, cancellation of the contract, etc., which are not expressly mentioned in these GTC,<br>are excluded.<br>Page !5 of 6!<\/li><li>In particular, the buyer is not entitled to claim damages such as manufacturing<br>loss, utility loss, loss of contracts, loss of profits and other indirect and consequential or<br>economic losses.<br>X.<br>final provisions<\/li><li>If the relationship established by the contract of sale contains an international (foreign) element,<br>then the parties agree that the relationship shall be governed by Czech law. This is without prejudice to<br>consumer rights under generally binding legislation.<\/li><li>If any provision of the Terms and Conditions is invalid or ineffective, or the<br>such becomes the case, the invalid provisions are replaced by a provision whose meaning<br>is as close as possible to the invalid provision. Invalidity or ineffectiveness<br>one provision shall not affect the validity of the other provisions. Amendments and supplements<br>purchase contract or terms and conditions require a written form.<\/li><li>The purchase contract including the terms and conditions is archived by the seller<br>in electronic form and is not accessible to the buyer.<br>In Bor\u0161ov nad Vltavou on 2 January 2017<\/li><\/ol>","protected":false},"excerpt":{"rendered":"<p>V\u0161eobecn\u00e9 obchodn\u00ed podm\u00ednky HUGO Bike s.r.o.I.obecn\u00e1 ustanoven\u00ed Tyto obchodn\u00ed podm\u00ednky (d\u00e1le jen \u201eobchodn\u00ed podm\u00ednky\u201c) obchodn\u00ed spole\u010dnostiHUGO Bike s.r.o., se s\u00eddlem Po\u0159\u00ed\u010dsk\u00e1 282, Bor\u0161ov nad Vltavou, identifika\u010dn\u00ed \u010d\u00edslo28146603, zapsan\u00e9 v obchodn\u00edm rejst\u0159\u00edku veden\u00e9m u Krajsk\u00e9ho soudu v \u010cesk\u00fdchBud\u011bjovic\u00edch, odd\u00edl C, vlo\u017eka 20398 (d\u00e1le jen \u201eprod\u00e1vaj\u00edc\u00ed\u201c) ) upravuj\u00ed vz\u00e1jemn\u00e1pr\u00e1va a povinnosti smluvn\u00edch stran vznikl\u00e9 v souvislosti nebo [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-35","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.hugobike.cz\/en\/wp-json\/wp\/v2\/pages\/35","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.hugobike.cz\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.hugobike.cz\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.hugobike.cz\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.hugobike.cz\/en\/wp-json\/wp\/v2\/comments?post=35"}],"version-history":[{"count":1,"href":"https:\/\/www.hugobike.cz\/en\/wp-json\/wp\/v2\/pages\/35\/revisions"}],"predecessor-version":[{"id":3402415,"href":"https:\/\/www.hugobike.cz\/en\/wp-json\/wp\/v2\/pages\/35\/revisions\/3402415"}],"wp:attachment":[{"href":"https:\/\/www.hugobike.cz\/en\/wp-json\/wp\/v2\/media?parent=35"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}