GENERAL TERMS AND CONDITIONS

1. BASIC PROVISIONS AND SCOPE OF APPLICATION

1.1. These general terms and conditions (hereinafter referred to as "these GTC") regulate the rights and obligations of the parties to the purchase agreement between the seller, CreativeSpaceSK s. r. o., with its registered office at Ulica Arm. Gen. L. Svobodu 2860/14, 984 01 Lučenec, Slovak Republic, ID No. 55 000 851, registered in the Commercial Register of the District Court Banská Bystrica, Section: Sro, Insert No. 44959/S (hereinafter referred to as "the seller"), and the buyer, the subject of which is the purchase and sale of goods on the seller's online store website (hereinafter referred to as "e-shop") (hereinafter referred to as "purchase agreement" or "agreement").

Contact and detailed information about the seller:

Email: info@bikeprotection.eu
Phone: +421 915 610 448
Tax ID: 2121838081
Address: Ulica Arm. Gen. L. Svobodu 2860/14, 984 01 Lučenec, Slovak Republic

Supervisory authority exercising oversight:

Name: SOI Inspectorate for the Banská Bystrica Region
Address: Dolná 46, 974 00 Banská Bystrica 1
Department: Inspection Department
Email: bb@soi.sk
Phone: 048/412 49 69, 048/415 18 71
Fax: 048/412 46 93
Web: www.soi.sk

1.2. The buyer under these GTC shall mean:

a) A natural person who, when concluding and performing the purchase agreement, does not act within the scope of their business activities, employment, or profession (hereinafter referred to as "consumer").
b) A person registered in the commercial register, a person engaged in business based on a trade license, a person engaged in business based on an authorization other than a trade license under specific regulations, and a natural person engaged in agricultural production and registered under specific legislation (hereinafter referred to as "entrepreneur").

(The consumer and entrepreneur, when the rights and obligations are identical, shall hereinafter collectively be referred to as "buyer", the seller and buyer also individually referred to as "contracting party" or jointly as "contracting parties").

2. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

2.1. The seller is particularly obliged to:

a) Deliver the ordered goods to the buyer in the agreed quantity and quality and package them or prepare them for transport in a manner necessary to preserve and protect them.
b) Provide the buyer, no later than together with the goods, in written or electronic form, with all documents required for the receipt and use of the goods and other documents prescribed by applicable legal regulations, if such documents relate to the goods.

2.2. The seller is entitled to full payment of the purchase price from the buyer for the delivered goods.

2.3. The seller has the right to cancel (terminate) the order if, due to stock depletion or the unavailability of goods, they are unable to deliver the goods to the buyer within the period specified by these GTC or at the price listed in the e-shop, provided that no alternative arrangement is made with the customer.

2.4. The buyer is particularly obliged to:

a) Accept the goods.
b) Pay the agreed purchase price to the seller duly and on time.

2.5. The buyer is entitled to receive the goods in the agreed quantity, quality, time, and place.

3. FORMATION OF THE PURCHASE AGREEMENT

3.1. A purchase agreement is concluded by the seller's binding acceptance of the proposal for concluding a purchase agreement submitted by the buyer in the form of a completed form (hereinafter referred to as “the order”) sent by the buyer.

3.2. The seller shall issue a binding acceptance of the proposal for concluding the agreement without undue delay, usually within two working days after receiving the order, following verification of product availability, price, and delivery terms for the buyer. Binding acceptance shall be issued via email with a subject or text clearly denoting "Confirmed" or similar explicit indication. If a higher price is identified, the seller shall request the buyer’s consent to the price change before confirming the order. A purchase agreement is concluded only upon the buyer's consent to the revised price and the subsequent confirmation of the order by the seller.

3.3. An automatically generated confirmation of order receipt sent to the buyer immediately after their order submission serves only as informational notice, notifying the buyer that their order has been recorded. It is not deemed binding acceptance of the proposal to conclude the agreement by the seller.

3.4. The buyer collects and publishes user ratings. The authenticity of such ratings is ensured by confirming that they originate exclusively from entities who made actual purchases from the seller. The seller is entitled to publish only selected ratings and is not authorized to edit them in any way.

4. PROVISIONS REGARDING THE PURCHASE PRICE

4.1. The buyer shall pay the purchase price for the goods as agreed in the purchase agreement, including delivery costs and charges for any additional services (hereinafter referred to as “the purchase price”).

4.2. Certain payment methods may not be available for all orders, especially depending on the order value or selected delivery method. The buyer will be informed of specific options during the ordering process.

4.3. Any transportation and packaging costs shall be charged before the order is dispatched. In the event that the goods are delivered outside the European Union, the buyer might incur customs duties or other charges related to customs operations, as prescribed by the laws of the destination country. Unless otherwise stated or agreed upon, the seller is not responsible for bearing such obligations on behalf of the buyer.

4.4. If the buyer pays the seller via bank transfer, the payment date is deemed the day when the full purchase price is credited to the seller’s account.

4.5. The buyer undertakes to pay the purchase price to the seller within the terms stipulated in the purchase agreement.

5. DELIVERY OF GOODS AND PAYMENT TERMS

5.1. The seller shall deliver the goods to the buyer at the earliest opportunity, but no later than within 30 days of the agreement being concluded unless otherwise agreed by the parties. If the seller fails to deliver the goods within the agreed timeframe, the buyer shall request the seller to deliver them within an additional reasonable period. If the buyer does not issue this request within two months of the delivery due date, it is deemed that the goods were delivered, unless proven otherwise. Should the seller fail to deliver the goods even within this additional period, the buyer may terminate the agreement.

5.2. Should the buyer fail to collect the goods without prior written withdrawal from the agreement, the seller reserves the right to compensation for damages equal to the actual expenses incurred for attempting to deliver the order.

5.3. The buyer must personally accept the goods or arrange for a third party to do so on their behalf. If delivery needs to be repeated due to buyer-related reasons (e.g., their or a third-party’s absence), the buyer shall bear any resultant additional costs.

5.4. A consumer is entitled, and an entrepreneur is obliged, to inspect the shipment upon delivery. If defects or damages to the goods are identified during delivery, the buyer may refuse acceptance. The carrier is obligated to prepare a damage report in the buyer’s presence and at their request. Based on the damage report provided to the seller, they may resolve deficiencies, offer a price discount, or deliver new goods in cases of irremediable damage. Late claims related to such damages will require evidence for consumer cases and will not be acknowledged for entrepreneurs.

5.5. Shipping options and detailed, updated information on shipping conditions are available in the "Shipping Policy" section of the website. Certain shipping methods may not be available for specific orders. Buyers will be informed of the available options during the order process.

5.6. The buyer, as the goods recipient, agrees to receive invoices in electronic format. The seller is not obliged to amend invoice details after issuance upon the buyer's request.

5.7. The purchase agreement is concluded with a condition that if the buyer does not collect the goods within five days of the seller's additional request and does not arrange for an alternative collection time, the agreement is voided from the beginning. Both parties shall return or compensate each other for the received payments and goods, particularly the purchase price, with the seller retaining rights to freely manage the goods.

6. OWNERSHIP AND TRANSFER OF RISK

6.1. Ownership of the goods shall remain with the seller until the purchase price is fully paid by the buyer. The goods are deemed delivered to the buyer upon receipt at the personal collection point or upon receipt from the carrier.

6.2. The risk of damage to the goods shall pass to the buyer at the moment the buyer takes possession of the goods from the seller or from the carrier, or when the seller enables the buyer to take possession of the goods but the buyer fails to do so.

7. COMPLAINT PROCEDURE

7.1. The complaint procedure regulates:

a) The seller’s liability for defects in goods,
b) The buyer’s rights arising from liability for defects in goods,
c) The procedure of the seller and the buyer when applying the rights arising from liability for defects (hereinafter referred to as "complaint proceedings").

7.2. The seller is liable for any defect that the goods have at the time of delivery and that manifests within two years from the date of delivery unless a different period is specified by law (hereinafter referred to as "warranty period").

7.3. The seller is responsible for defects caused by incorrect assembly or installation if it was performed by the seller or under their responsibility.

7.4. The buyer has the right to file complaints with the seller only for goods purchased through the e-shop if the defective goods were delivered within the warranty period and the defects were properly reported.

7.5. If a defect manifests within the warranty period, it is presumed to have existed at the time of delivery unless proven otherwise or unless this presumption is incompatible with the nature of the goods or the defect.

7.6. Compatibility issues with the nature of the goods may refer particularly to items prone to rapid decay or single-use items. Compatibility issues with the nature of the defect may refer particularly to defects caused externally after delivery or through the buyer's actions, such as:

a) Mechanical damage,
b) Modifications (e.g., bending, cutting, shortening, drilling) if the goods are not designed for such modification and the defect arises as a result,
c) Use or storage of the goods in conditions not corresponding to their standard environment in terms of temperature, humidity, or chemical or mechanical influences,
d) Improper handling or neglect in caring for the goods,
e) Damage caused by excessive load or misuse contrary to the conditions stated in documentation, general principles, technical norms, or safety standards,
f) Use of incorrect power supply, unauthorized or improperly procured hardware or software,
g) Replacement of original parts of the goods,
h) Use of incorrect, incompatible, or non-original consumables if the defect arises as a result,
i) Damage caused by accidental spoilage, deterioration, or natural wear and tear, including component lifespan ending (e.g., bulb burnout, battery capacity reduction),
j) Damage caused by a computer virus,
k) Tampering with the goods by unauthorized persons or using inappropriate tools or materials,
l) If the buyer used the goods despite an existing defect whose nature or surrounding circumstances suggested they were aware.

7.7. Does not apply.

7.8. The buyer has the right to make a complaint to the seller by filling out a complaint form and delivering it either:

a) Electronically, with the complained goods subsequently sent to the seller at the address below, or
b) In writing, delivering the complaint form together with the complained goods to the seller at the address Nábrežná 6, 984 01 Lučenec, Slovak Republic.

7.9. The complained goods are considered delivered to the seller on the date the seller physically receives them at the complaint center. A carrier, acting as a third party on its own behalf, does not affect the initiation of the complaint procedure upon receiving the goods for transport.

7.10. The buyer is obliged to appropriately package the complained goods, considering their nature and the nature of the identified defect. The seller is liable for worsening the condition of the complained goods only after receipt.

7.11. The seller does not operate a brick-and-mortar establishment where the complained goods may be delivered in person.

7.12. The commencement date of the complaint procedure is the day the buyer delivers the complaint form and the complained goods, including accessories, to the seller.

7.13. The complaint form constitutes Appendix No. 1 of these Terms and Conditions, and the buyer may fill it out and deliver it to the seller electronically via the email address mentioned in the header of these Terms and Conditions.

7.14. The seller or an authorized person shall issue the buyer a confirmation of the complaint in an appropriate form (including via email) without undue delay after the buyer submits the complaint. The confirmation will state a reasonable timeframe within which the defect will be rectified (hereinafter referred to as "complaint confirmation"). A reasonable timeframe is the shortest possible time required to assess the defect and repair or replace the goods, taking into account the nature of the goods and the defect's severity, not exceeding 30 days from the defect's identification unless a longer timeframe is justified due to objective reasons beyond the seller's control (e.g., if a complex technical assessment of the goods' condition is required).

7.15. If the seller refuses the complaint, the reasons for the refusal will be communicated to the buyer in an appropriate form (including via email). If the buyer can prove the seller's liability for the defect through an expert opinion or technical statement, the defect may be submitted again, and the seller cannot refuse liability for the defect in such cases. The buyer is also entitled to reimbursement of reasonable expenses incurred for expert evaluation.

7.16. The seller is obliged to resolve the complaint and conclude the complaint procedure by one of the following methods:

a) Delivering repaired goods,
b) Delivering replacement goods,
c) Refunding the purchase price,
d) Paying an appropriate discount from the purchase price, or
e) Justified refusal of the complaint.

7.17. The buyer has the right to select the removal of the defect by repair or replacement. The seller may refuse the chosen method if it would involve disproportionate costs or if it is not possible. The seller is obliged to repair or replace the goods within a reasonable timeframe without causing significant inconvenience to the buyer.

7.18. If repair or replacement is unrealistic or impractical, the seller shall deliver repaired or replacement goods by another appropriate method at the seller's expense. If the buyer does not collect the goods within six months, the seller may sell or dispose of the goods.

7.19. The buyer is obliged to pay a storage fee of €1 for each commenced day if delayed in collecting the goods.

7.20. The buyer is entitled to an appropriate discount from the purchase price or may withdraw from the purchase agreement if:

a) The seller refuses to remove the defect by repair or replacement,
b) The goods have the same defect even after repair or replacement,
c) The defect is severe and justifies immediate withdrawal, or
d) The seller does not resolve the defect within a reasonable timeframe.

7.21. The seller shall inform the buyer of the resolution of the complaint and the conclusion of the complaint procedure in an appropriate form chosen by the seller (including email) in accordance with point 7.16 of these Terms and Conditions.

7.22. The resolution of the complaint relates only to the defects identified by the buyer at the time of submitting the complaint.

7.23. If the seller concludes the complaint procedure with a justified refusal of the complaint, they may propose to the buyer that the defects be rectified at the buyer's expense. The buyer is not obliged to accept such a proposal.

7.24. If the seller concludes the complaint procedure with a justified refusal of the complaint and the buyer disagrees with this resolution, the buyer may seek legal protection of their rights in court.

7.25. Used goods refer to goods that have been used, may not include all parts, or are cosmetically or functionally damaged (hereinafter referred to as "used goods"). Displayed goods refer to used goods that were exhibited, unpacked, and potentially used to demonstrate their properties to others (hereinafter referred to as "displayed goods"). Non-functional goods are defined as used goods with such defects that render them unusable and unsuitable for their intended purpose (hereinafter referred to as "non-functional goods").

7.26. If used goods are sold at a lower price than new goods, the seller is not responsible for defects that justified the reduced price. Non-functional goods may be irreparable and are generally sold for spare parts or collection purposes. Additional descriptions of defects causing the goods to be non-functional, for which the seller is not liable, may be outlined in the e-shop description. Non-functional goods may pose risks without prior repair or modification, and the seller is not liable for their functionality.

8. PERSONAL DATA PROTECTION

The seller has implemented measures for the processing of personal data pursuant to Act No. 18/2018 Coll. on Personal Data Protection and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation, GDPR).

The buyer confirms they have been informed about the processing of their personal data as described in the privacy policy available at the following link: https://bikeprotection.eu/pages/privacy-policy.

9. WITHDRAWAL FROM THE CONTRACT

9.1. The seller is entitled to withdraw from the contract due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier has discontinued production or made substantial changes that prevent fulfillment of the seller's obligations. This also applies in cases of force majeure or if the seller is unable to deliver the goods even with all reasonable efforts. In such cases, the seller shall notify the buyer promptly and refund all payments as stipulated in these terms. This does not affect the parties' right to agree on alternative performance or modified pricing.

9.2. The seller may also withdraw from the contract if an obvious error in the stated purchase price occurred (e.g., misplaced decimal point or missing digits leading to pricing discrepancies).

9.3. Consumers may withdraw from a contract involving the sale of goods without providing a reason within 14 days from receiving the goods. The goods are considered received at the moment when the consumer or a third party designated by them (excluding the carrier) takes possession of the goods, or in the case of:

a) Separate deliveries, when the last item is received,
b) Multiple parts or items, when the final part or piece is received,
c) Repeated delivery during a defined period, when the first item is received.

9.4. Consumers may withdraw from the contract even before the withdrawal period begins.

9.5. Consumers may exercise their right to withdraw via email, in writing, or using a withdrawal form sent to the seller at the following address: Nábrežná 6, 984 01 Lučenec, Slovak Republic.

9.6. The withdrawal form is an attachment to these terms and is provided to the buyer electronically no later than upon delivery of the goods.

9.7. Consumers may exercise their right to withdraw without cause prior to the withdrawal period's conclusion. The withdrawal period is deemed to have been adhered to if the withdrawal notice is sent to the seller on or before the final day. Consumers bear the burden of proof regarding the exercise of their withdrawal rights.

9.8. The seller shall refund all payments, including shipping costs, to the consumer without undue delay and no later than 14 days after receiving the withdrawal notification. However, the seller is not obligated to cover additional costs if the consumer expressly chose a delivery option other than the least expensive standard delivery method. In such cases, only the cost of the standard delivery is refunded.

9.9. Refunds will be processed using the same payment method used by the buyer unless otherwise agreed. The buyer shall not incur any fees for the refund.

9.10. The seller is not required to issue refunds before receiving the returned goods or confirmation that the buyer has dispatched the goods, unless the seller offers to collect the goods themselves.

9.11. If the buyer withdraws from the contract and returns used or damaged goods or goods devalued beyond standard usage for determining characteristics or functionality, the seller has the right to compensation for repairs or depreciation.

9.12. The buyer must return the goods, including accessories and documentation, to the seller no later than 14 days after withdrawing, unless otherwise agreed, to the following address: Nábrežná 6, 984 01 Lučenec, Slovak Republic.

9.13. The buyer bears the costs of returning goods to the seller, typically up to €5 depending on item dimensions, weight, and chosen delivery method.

9.14. The buyer may not withdraw from contracts involving:

a) Services commenced with consumer consent before the withdrawal period,
b) Goods whose price depends on financial market fluctuations,
c) Custom-made goods or goods tailored to the consumer,
d) Goods with a short shelf life or subject to rapid degradation,
e) Goods in sealed packaging unsuitable for return due to hygiene reasons if unsealed,
f) Mixed goods inseparable after delivery,
g) Specific alcoholic beverages,
h) Urgent maintenance or repairs upon consumer's request,
i) Digital content provided electronically with the consumer's consent before withdrawal rights apply.

9.15. The seller reserves the right to cancel the order or its part in cases where, due to technical reasons, it is not possible to deliver the goods within the requested timeframe or at the requested price. In such circumstances, the seller will refund the payment to the buyer within 14 working days if the payment has already been processed. This does not affect the parties' rights to agree on alternative arrangements or other pricing.

10. ALTERNATIVE DISPUTE RESOLUTION

10.1. The consumer is entitled to apply an alternative dispute resolution mechanism by approaching the seller with a request for remedy if dissatisfied with the seller's complaint handling or believes the seller has infringed their rights. If the seller denies such a request or fails to respond within 30 days of the request being sent, the consumer may file a proposal for alternative dispute resolution with a designated body. Such bodies include state authorities or authorized legal entities defined in §3 of Act No. 391/2015 Coll. on Alternative Consumer Dispute Resolution and Amendments to Certain Acts (hereinafter referred to as "ARS Act"). The Slovak Trade Inspection or another appropriate legal entity listed in the Ministry of Economy of the Slovak Republic's directory of alternative dispute resolution entities (available at http://www.mhsr.sk) can be approached, and the consumer has the right to select which entity handles their case. The consumer proceeds under §12 of the ARS Act when submitting their proposal, and the seller's email address for this purpose is info@bikeprotection.eu. The dispute resolution may resolve disputes arising from consumer contracts.

10.2. Consumers may utilize the online dispute resolution platform in their chosen language to settle disputes. The platform can be accessed at http://ec.europa.eu/consumers/odr/.

11. FINAL PROVISIONS

11.1. The seller is authorized to amend these General Terms and Conditions. The legal relationship between the contracting parties is always governed by the General Terms and Conditions valid and effective at the time of order submission.

11.2. These General Terms and Conditions are prepared in the Slovak language. If they are also provided in a language other than Slovak, the Slovak version always takes precedence. Any localization and/or translation of the General Terms and Conditions and the seller's website serves only for better orientation of foreign entities and does not indicate active business operations by the seller in any country other than Slovakia.

11.3. If the contract is concluded in writing, any amendments must also be made in writing. The contracting parties agree that communication will primarily occur via email and postal mail.

11.4. The legal relations between the contracting parties are governed by the contract, these General Terms and Conditions, the provisions of Act No. 40/1964 Coll., the Civil Code as amended, Act No. 22/2004 Coll. on Electronic Commerce and amendments to Act No. 128/2002 Coll. on State Control of Internal Market in Consumer Protection Matters and amendments to certain acts as amended, Act No. 18/2018 Coll. on Personal Data Protection and amendments to certain acts, and other generally binding legal regulations of the Slovak Republic.

11.5. In case of conflict between the provisions of the purchase contract and these General Terms and Conditions, the provisions of the purchase contract take precedence. In case of doubts about the content of a contract involving a consumer or these General Terms and Conditions, including their attachments, the interpretation most favorable to the consumer applies.

11.6. The contracting parties will exert every effort to amicably settle all disputes, disagreements, or claims arising between them from these General Terms and Conditions, the contract, or in connection with it. If any dispute arising from these General Terms and Conditions or the contract, including disputes over their validity, interpretation, or termination, cannot be resolved amicably, such disputes fall under the jurisdiction of Slovak courts. The seller does not direct their business activities toward any other Member State, so the provisions of international treaties on jurisdiction other than Slovak courts do not apply.

12. LIST OF ATTACHMENTS

12.1. The following attachments are an integral part of these General Terms and Conditions:

a) Complaint Form,
b) Contract Withdrawal Form.

ATTACHMENT NO. 1: CLAIM FORM

Seller: CreativeSpaceSK s. r. o.

Registered Office: Ulica Arm. Gen. L. Svobodu 2860/14, 984 01 Lučenec, Slovak Republic, registered in the Commercial Register of the District Court of Banská Bystrica, Section: Sro, Insert No.: 44959/S

Company ID (ICO): 55 000 851

(hereinafter referred to as "the seller")

Buyer:

Full Name:
Street and House Number:
Postal Code / City:
Email:
Phone Number:
Contract or Sale Document Number:
Date of Contract Conclusion:
IBAN Account Number (for refund purposes):

Claimed Item:

Item Name:
Description of the Defect(s) Covered by the Claim:

Preferred Resolution Method for the Claim (select one option)*

Repair
Replacement
Refund
Appropriate Discount on the Price

*The seller decides the final resolution method after assessing the claim and the defect.

In ______________________ on ___________________ Signature: ___________________

Explanatory Notes:

Instructions for the Buyer: If the defect can be rectified, the buyer has the right to have it repaired free of charge, in a timely and proper manner. The seller must address the defect without undue delay. Instead of having the defect repaired, the buyer can request a replacement of the item or a replacement of a part if the defect concerns only a part of the item, provided that this does not result in disproportionate costs for the seller considering the price of the item or the severity of the defect. The seller may always opt to replace the defective item with a defect-free one if this does not cause significant inconvenience to the buyer.

If the defect is irremovable and prevents the item from being properly used as a defect-free item, the buyer has the right to a replacement or withdrawal from the contract. The same rights apply if the defect persists even after repair or multiple defects prevent proper use. In the case of other irremovable defects, the buyer is entitled to a reasonable discount on the item's price.

ATTACHMENT NO. 2: CONTRACT WITHDRAWAL FORM

Seller: CreativeSpaceSK s. r. o.

Company ID (ICO): 55 000 851

Address for Returned Items: Nábrežná 6, 984 01 Lučenec, Slovak Republic

(hereinafter referred to as "the seller")

Buyer:

Full Name:
Street and House Number:
Postal Code / City:
Email:
Contract or Sale Document Number:
Date of Contract Conclusion:

(hereinafter referred to as "the buyer" or "I")

As a consumer, I hereby withdraw from the following purchase contract:

Invoice and Order Number:
Date of Item Receipt:
Item Being Returned to the Seller (Name and Code):
Reason for Withdrawal or Return of the Item:

Instructions for the Buyer: The buyer must return the item to the seller no later than 14 days after withdrawing from the contract. The seller is not obligated to refund the buyer’s payments before receiving the returned item or proof of dispatch unless the seller offers to collect the item personally or through an authorized person. If the buyer returns a used or damaged item or an item devalued due to handling beyond what is necessary to determine its characteristics and functionality, the seller has the right to claim damages equal to the cost of repairing or restoring the item to its original condition.

Refund Method:

To IBAN Account Number:
Other Method:

In ______________________ on ___________________ Signature: ___________________