1. Introduction

1.1. These terms and conditions (hereinafter referred to as „Terms and conditions“) of Capital 4U INC., 160 Greentree Drive, 19904 Dover, DE, USA (hereinafter referred to as „Seller“) govern in accordance with § 1751 paragraph. 1 of Law no. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code") mutual rights and obligations arising in connection with or under purchase agreement (the "Purchase Agreement") concluded between the seller and the other a natural person (the "Buyer") through the online store seller. Online store is operated by the seller on the website located on the Internet at www.favorit.cz (the "Website"), through a website

interface (hereinafter referred to as "Web-based commerce").

1.2. Terms & Conditions shall apply mutatis mutandis to cases where a person who intends to buy goods from the seller, is a businessman and ordering goods is in the course of their business or in their independent practice of the profession.

1.3. Provisions diverging from commercial terms can be agreed upon in the sales contract. Divergent arrangements in the contract shall prevail over the terms of trade.

1.4. Provisions of the conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase agreement may be concluded in the Czech language.

1.5. The Business Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.

 

2. User account

2.1. When ordering goods on the website, the website is automatically registering the buyer; this authorizes the buyer’s access to his user interface (hereinafter referred to as „user account“.

2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and true information. The buyer is obligated to update the data referred to in the user account when the data is changed.

2.3. Access to a used account is secured by a user name, which is the buyer’s e-mail address and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user account.

2.4. Buyer shall not allow the use of user account to a third party.

2.5. Seller may cancel a user account, especially when the user account is not used for more than 36 months, or if the buyer breaches of its obligations under the purchase contract (including terms and conditions).

2.6. Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software, or necessary maintenance of hardware and software of third parties.

 

3. Purchase contract

3.1. All presentations of goods placed in the web interface of the shop are informative and seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732, paragraph 2 of the Civil Code shall not apply.

3.2. Web interface provides information about the products, including the prices of individual goods. Commodity prices are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the web interface business. This provision does not limit the seller to conclude a purchase under individually negotiated conditions.

3.3. Web interface also contains information on the costs of packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer fills an order form in the web interface business. The order form includes the following:

3.4.1. in the case of bicycles comprising a configurator selection bicycle model, color and

material of the bicycle frame and bicycle components, rate slider (body height, length of the hand, leg length, weight), the rider's name to indicate the frame of the bicycle,

3.4.2. information about ordered goods,

3.4.3. billing and shipping address of the purchaser containing the name and address,

3.4.4. currency of payment of the purchase price,

3.4.5. method of payment of the purchase price,

3.4.6. information on the costs associated with the delivery of goods and

3.4.7. information on whether the buyer orders goods as a consumer (§ 419 BGB) or an

entrepreneur (§ 420 and 421 of the Civil Code), hereinafter "Order".

3.5. Before sending the order to the seller, the buyer is allowed to check and modify data in order, the buyer put, even with regard to the possibility of the buyer to detect and correct errors during data entry in order. The buyer sends the order by clicking on "Submit Order". The information specified in the order by the seller are deemed to be correct.

3.6. By sending the order, the buyer agrees and will conclude a sales contract under the conditions contained in these Terms and Conditions.

3.7. Seller immediately upon receipt of an order confirms the receipt to the buyer, at the e-mail address listed in the buyer's user interface or in the order (hereinafter the "electronic address of the purchaser").

3.8. Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) ask the buyer for additional confirmation (e.g. E-mail or telephone).

3.9. The contract of sale between the seller and the buyer is done by the delivery order acceptance (acceptance) which is sent to the buyer by the seller by e-mail, at the buyer’s e-mail address.

3.10. Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer using means of distance communication in connection with concluding the purchase agreement (the cost of Internet access, telephone costs) borne by the buyer, and these costs do not differ from the standard rate.

 

4. Commodity price and payment terms

4.1. The purchase price and any costs associated with the delivery of goods according to the contract

the buyer may pay the seller the following ways:

– bank transfer to the account of the seller (the "Seller Account")

– gift certificates.

4.2. Together with the purchase price, the buyer shall pay the costs associated with packaging and

delivery of goods at an agreed rate. Unless expressly stated otherwise, the purchase price includes

costs associated with the delivery of the goods.

4.3. In case of the cashless payment of the purchase, price is due within 3 business days after the

conclusion of the purchase contract. In case of loan payments though a portion of the purchase price

paid by the buyer, the payment is due within 3 business days after the conclusion of the contract.

4.4. In the case of cashless payment, the buyer shall pay the purchase price of the goods together with

the variable symbol of the payment. By sending the appropriate amount to the account of the seller, the

cashless purchase is concluded.

4.5. Any discounts to the price of goods provided by the seller to the buyer cannot be combined.

4.6. If it is customary in the trade, or if it is so stipulated by generally binding legal regulations issued

by the seller in respect of payments made under a contract buyer tax document - invoice. Seller is a

payer of value added tax. The tax document invoice is issued by the seller to the buyer after payment

of the price of the goods and sends it electronically to the buyer's email address.

 

5. Withdrawal from contract

5.1. Buyer acknowledges that pursuant to § 1837 of the Civil Code is not, inter alia, to withdraw from

the contract for the supply of goods that have been adjusted according to the wishes of the buyer or the

person from the contract for the supply of sealed goods, which the consumer unsealed and for hygienic

reasons it cannot be returned. It is not possible to withdraw from the contract on the bicycle which will

be manufactured by the seller according to parameters specified by the purchaser.

5.2. If this is not the case referred to in art. 5.1 or other cases where you cannot withdraw from the

contract, the buyer in accordance with § 1829 paragraph. 1 of the Civil Code, the right to withdraw

from the contract, within fourteen (14) days from receipt of goods, if the purchase agreement is subject

to several types of goods or supply of several parts, the period runs from the date of receipt of the final

delivery. Withdrawal from the contract must be sent to the seller within the period mentioned in the

previous sentence. Withdrawal from the contract can be personally delivered or sent to the address of

the seller or the seller’s e-mail address kola@favorit.cz.

5.3. In case of withdrawal from the contract pursuant to art. 5.2 of the purchase contract is cancelled

from the beginning. The goods must be returned to the seller within fourteen (14) days from the

withdrawal. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to

the seller, even in the case where the goods cannot be returned to their usual character by post.

5.4. In case of withdrawal pursuant to art. 5.2, the seller returns the funds received from the buyer

within fourteen (14) days from returning goods by the buyer, in the same way as the seller received

them from the buyer. The seller is also entitled to return the funds by the buyer at the time of returning

the goods or otherwise, if the buyer agrees and additional costs will not occur. If the buyer withdraws

from the contract, the seller is not obliged to return the funds received to the buyer before the buyer

returns goods or demonstrates that the goods were sent to the entrepreneur.

5.5. The seller is entitled to unilaterally set off the claim for damages against the claim of the purchaser

to refund the purchase price.

5.6. If the buyer does not pay the purchase price within the time specified in art. 4.3, the seller is

entitled to withdraw from the contract.

5.7. If there is a gift provided to the buyer along with the goods, the gift agreement between the seller

and the buyer is concluded with a subsequent condition that if there is a withdrawal from the contract,

the gift agreement is cancelled and the buyer is obliged to return the gift to the buyer along with the

purchased goods.

 

6. Transport and delivery

6.1. In the event that the mode of transport is negotiated on the basis of a specific request of the buyer,

the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If the seller under the purchase agreement must deliver the goods to the place specified by the

buyer in the purchase order, the buyer is obliged to accept the goods on delivery.

6.3. In the event that the reasons for which the goods need to be delivered repeatedly or in any other

way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of

goods or costs associated with other delivery method. Costs associated with repeated delivery of the

goods are CZK 1.000,-.

6.4. When taking the goods from the carrier, the buyer is obliged to check the integrity of the

packaging of goods, and in case of any defects immediately notify the carrier. If the package shows

signs of damage or any other intrusion into the consignment, the buyer may not take over the shipped

goods.

6.5. Other rights and obligations of the parties in the transport of goods that can modify specific

delivery conditions of the seller, if the seller issued.

 

7. Rights of defective performance

7.1. The rights and obligations of the parties regarding the rights of defective performance shall be

governed by the relevant legislation (including the provisions of § 1914-1925, § 2099-2117 and §

2161-2174 BGB).

7.2. Seller is responsible to the buyer that, on receipt of the goods, the goods have no defect. In

particular, the seller is liable to the buyer that at the time of taking over the goods:

7.2.1. the goods have the qualities the parties have agreed and in case of such an absence of such

agreement, the goods have the qualities the seller has described or the qualities the buyer has

expected given the nature of the advertising carried out by the seller,

7.2.2. the goods are fit for the purpose which the seller has stated or the purpose such goods are

normally used for,

7.2.3. goods correspond to the agreed quality or design of the sample or model, if the quality or

performance was determined in accordance with the agreed sample or model,

7.2.4. the goods are in the right quantity, measure or weight and

7.2.5. the goods comply with the legal requirements.

7.3. The provisions referred to in article. 7.2 of business conditions do not apply to goods sold at a

lower price at fault for which the lower price was negotiated, the wear and tear of the goods caused by

its common use, the used goods that the buyer took over and the damage responds with the amount of

usage or if it results from the nature of the goods.

7.4. If a defect occurs within six months after the takeover, it is assumed that the goods were defective

at the time of the takeover.

7.5. The buyer enforces the rights of defective performance at the seller’s premises, where it is

possible to taking into account the assortment of goods sold, possibly in the place of business. The

moment the seller receives the goods from the buyer, the claim is considered to be concluded.

7.6. Other rights and obligations of the parties related to the responsibility of the seller for defects can

be modified in the complaints procedure of the seller.

 

8. Other rights and obligations of the parties

8.1. The buyer acquires ownership of the goods at the takeover.

8.2. Seller is not in relation to the purchaser bound by codes of conduct under § 1826, paragraph. 1

point. e) of the Civil Code.

8.3. Non-court complaints are provided by the seller via electronic address kola@favorit.cz.

Information about the handling of complaints are sent by the seller to the buyer’s electronic address.

8.4. The seller is entitled to sell goods at a merchant. Trade control is carried out under its authority,

the Trade Office. Supervision of privacy is exercised by the Office for Personal Data Protection. Czech

Trade Inspection performs within the defined scope among others supervision over compliance with

Act no. 634/1992 Coll., n consumer protection, as amended.

8.5. Buyer hereby takes on himself the danger of changing circumstances within the meaning of §

1765, paragraph. 2 of the Civil Code.

 

9. Protection of personal data

9.1. Privacy of personal data of the buyer who is a person is provided by Act no. 101/2000 Coll., on

Protection of Personal Data, as amended.

9.2. Buyer agrees to the processing of their personal data: name, address, body measurements,

identification number, tax identification number, email address, telephone number (hereinafter

collectively referred to as "personal data").

9.3. Buyer agrees to the processing of personal data by the seller, for the purpose of realization of

rights and obligations under the contract and for the purpose of maintaining user account. If the buyer

does not choose another option, he agrees to the processing of personal data by the seller as well as for

the purpose of sending commercial messages and information to the buyer. Consent to the processing

of personal data in their entirety under this Article is a condition which would in itself made it

impossible to conclude a purchase agreement.

9.4. Buyer acknowledges that he is obliged to state personal data (for registration, in your user

account, when ordering from the web interface of the shop) correctly and truthfully and without undue

delay inform the seller about the change in his personal data.

9.5. Seller may appoint a third party to process the personal data. Besides the carrier of the goods,

personal data will not be given to a third party without a prior consent of the buyer.

9.6. Personal data shall be processed for an indefinite period. Personal data will be processed

electronically in an automated manner or in printed form non-automated manner.

9.7. The buyer confirms that the personal information is accurate and that he was advised that it is

voluntary to provide personal information.

9.8. In the event that the buyer thought the seller or processor (Art. 9.5) performs the processing of his

personal data that is inconsistent with the protection of private and personal life of the buyer or against

the law, especially if the personal data are inaccurate with regard the purpose of processing, can:

9.8.1. ask the seller or processor for explanation,

9.8.2. require the seller or processor to correct the situation.

9.9. If the buyer requests information regarding the processing of their personal data, the seller must

deliver this information. Seller has the right to provide information pursuant to the preceding sentence

and require reasonable compensation not exceeding the costs of providing the necessary information.

 

10. Sending commercial messages and storing cookies

10.1. Buyer agrees to receive information related to the goods, services or company of the seller to the

buyer’s e-mail address and agrees to receive commercial communications of the seller to the buyer’s e- mail address.

10.2. Buyer agrees with saving cookies on his computer. If the purchase on the website can be made without the storage of cookies as well as to fulfil the seller’s obligations from the purchase contract, the buyer may cancel his agreement to save cookies at any time.

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11. Delivery

11.1. The buyer may be contacted on the e-mail address specified in his user account or the address given by the buyer in the order.

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12. Final provisions

12.1. If the relationship of the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.

12.2. If any provisions of the terms and conditions are invalid or ineffective or become invalid or ineffective, a new provision with the closest meaning to the invalid provision is enforced.

12.3. The purchase contract including terms and conditions are archived by the seller in electronic form and are not accessible.

12.4. Contact details of the seller: postal address: Capital 4U INC., 160 Greentree Drive, 19904 Dover, DE, USA, e-mail address: kola@favorit.cz.

10th August 2019

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