TERMS AND CONDITIONS

• Sike_cz (Ivo Engler)
• Registered office: Na Blatech 3000, Česká Lípa (hereinafter referred to as "registered address")
• Company ID: 14308843
• E-mail: shop@sike.cz

1. Introductory Provisions

1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the company Sike_cz (Ivo Engler), with its registered office at Na Blatech 3000, Česká Lípa, Company ID: 14308843 (hereinafter referred to as the "Seller"), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or pursuant to a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") via the Seller's online store. The online store is operated by the Seller on a website located at the internet address www.sike.cz (hereinafter referred to as the "Website"), via the Website's interface (hereinafter referred to as the "Store Interface").

1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting within their business activity or within the independent performance of their profession when ordering goods.

1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Agreement. Deviating provisions in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may only be concluded in the Czech language.

1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect rights and obligations arising during the validity period of the previous version of the Terms and Conditions.

2. User Account

2.1. Based on the Buyer's registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can place orders for goods (hereinafter referred to as the "User Account"). If the Store Interface allows, the Buyer may also place orders without registration directly through the Store Interface.

2.2. When registering on the Website and placing orders, the Buyer is obligated to provide accurate and truthful information. The Buyer must update the information provided in the User Account whenever there are changes. The information provided by the Buyer in the User Account and during the ordering process is considered correct by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obligated to maintain the confidentiality of the information necessary to access their User Account.

2.4. The Buyer is not authorized to allow third parties to use their User Account.

2.5. The Seller may cancel the User Account, particularly if the Buyer has not used their User Account for more than [time period] or if the Buyer breaches their obligations under the Purchase Agreement (including these Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be available continuously, especially due to necessary maintenance of the Seller's hardware and software or the hardware and software of third parties.

3. Conclusion of the Purchase Agreement

3.1. All presentations of goods displayed in the Store Interface are of an informative nature, and the Seller is not obligated to conclude a Purchase Agreement for these goods. The provisions ofSection 1732(2) of the Civil Code do not apply.

3.2. The Store Interface contains information about the goods, including the prices of individualitems and the costs of returning goods if these goods, by their nature, cannot be returned via standard postal methods. The prices of goods are listed inclusive of value-added tax and allrelated fees. The prices remain valid as long as they are displayed in the Store Interface. Thisprovision does not limit the Seller's ability to conclude a Purchase Agreement under individuallyagreed conditions.

3.3. The Store Interface also contains information about costs associated with packaging and delivering the goods. The information on packaging and delivery costs provided in the StoreInterface applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer completes the order form in the Store Interface. The order formprimarily includes:

3.4.1. Information about the ordered goods (the Buyer "adds" the selected goods to the electronicshopping cart in the Store Interface),

3.4.2. The method of payment for the purchase price of the goods, details about the requireddelivery method, and

3.4.3. Information about the costs associated with the delivery of goods (hereinafter collectivelyreferred to as the "Order").

3.5. Before sending the Order to the Seller, the Buyer is allowed to check and modify theinformation they have entered into the Order, including the ability to identify and correct errorsmade when entering data into the Order. The Buyer submits the Order to the Seller by clickingthe "Complete Order" button. The information provided in the Order is considered correct by theSeller. Upon receiving the Order, the Seller will immediately confirm receipt to the Buyer via email, sent to the Buyer's email address specified in the User Account or the Order (hereinafterreferred to as the "Buyer's Email Address").

3.6. The Seller reserves the right to request additional confirmation of the Order (e.g., in writingor by phone), depending on the nature of the Order (quantity of goods, total purchase price, anticipated delivery costs).

3.7. The contractual relationship between the Seller and the Buyer arises upon the delivery of theOrder acceptance (confirmation), which the Seller sends to the Buyer via email to the Buyer'sEmail Address.

3.8. The Buyer agrees to the use of remote communication means for concluding the PurchaseAgreement. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Agreement (internet connection costs, telephonecall costs) are borne by the Buyer and do not differ from the basic rate.

4. Price of Goods and Payment Terms

4.1. The Buyer can pay the price of goods and any associated delivery costs under the Purchase Agreement to the Seller using the following methods:

• Cashless transfer to the Seller's account no. 3159525013/3030, held at AirBank (hereinafter referred to as the "Seller's Account");• Cashless payment through the Stripe payment system.

4.2. Along with the purchase price, the Buyer is also obligated to pay the Seller the costs associated with packaging and delivery of goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes delivery costs.

4.3. The Seller does not require an advance payment or any similar payment from the Buyer. This does not affect the provisions of Article 4.6 of these Terms and Conditions regarding the obligation to pay the purchase price in advance.

4.4. In the case of cash payment or payment on delivery, the purchase price is payable upon receipt of the goods. For cashless payments, the purchase price is payable within 7 business days (9 calendar days) from the conclusion of the Purchase Agreement.

4.5. In the case of cashless payments, the Buyer must pay the purchase price together with a variable payment symbol. The obligation of the Buyer to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's Account.

4.6. The Seller is entitled, especially if the Buyer does not confirm the order additionally (Article 3.6), to require payment of the full purchase price before dispatching the goods to the Buyer. The provisions of Section 2119(1) of the Civil Code do not apply.

4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.

4.8. If customary in commercial practice or required by applicable legislation, the Seller will issue a tax document – an invoice – for payments made under the Purchase Agreement. Sike_czis not a VAT payer. The tax document – invoice will be issued by the Seller after the purchase price has been paid and sent in electronic form to the Buyer's email address.

5. Withdrawal from the Purchase Agreement

5.1. The Buyer acknowledges that under Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement for the delivery of goods:

• that have been customized according to the Buyer's wishes or for their personal use,• that are perishable or goods that have been irreversibly mixed with other items after delivery,• that are sealed and, for hygiene reasons, cannot be returned after the seal has been removed by the consumer,• or for the delivery of audio or video recordings or computer software if the original packaging has been damaged.

5.2. If the case described in Article 5.1 or another case where withdrawal is not permitted does not apply, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receiving the goods, in accordance with Section 1829(1) of the Civil Code. If the Purchase Agreement involves multiple types of goods or the delivery of multiple parts, this period begins on the day the last delivery of goods is received. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the preceding sentence. The Buyer may use the template withdrawal form provided by the Seller, which forms an attachment to these Terms and Conditions. The withdrawal can be sent to the Seller's business address or the Seller's email address at Sokolská 1111/32, Liberec, 460 01.

5.3. If the Buyer withdraws from the Purchase Agreement pursuant to Article 5.2, the Purchase Agreement is void from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days of the withdrawal notice. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs of returning the goods to the Seller, even if the goods cannot be returned via standard postal methods due to their nature.

5.4. In the event of withdrawal from the Purchase Agreement under Article 5.2, the Seller will return the funds received from the Buyer within fourteen (14) days of the withdrawal notice, using the same payment method that the Seller received from the Buyer. The Seller is also entitled to return the payment to the Buyer when the goods are returned or in another manner agreed upon by the Buyer, provided it does not incur additional costs for the Buyer. The Seller is not obligated to return the received funds before the Buyer returns the goods or proves that the goods were sent back to the Seller.

5.5. The Seller is entitled to unilaterally set off any claim for damages caused to the goods against the Buyer's claim for a refund of the purchase price.

5.6. In cases where the Buyer has the right to withdraw from the Purchase Agreement under Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time up until the goods are received by the Buyer. In such a case, the Seller will refund the purchase price to the Buyer without delay, using a cashless transfer to the account designated by the Buyer.

5.7. If a gift is provided to the Buyer along with the goods, the gift agreement between the Seller and the Buyer is concluded with a dissolving condition that, if the Buyer withdraws from the Purchase Agreement, the gift agreement regarding the gift ceases to be effective, and the Buyer is obligated to return the provided gift to the Seller along with the goods.

6. Transport and Delivery of Goods

6.1. If the mode of transport is arranged based on a specific request from the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If the Seller is obligated under the Purchase Agreement to deliver the goods to a location specified by the Buyer in the Order, the Buyer is required to accept the goods upon delivery.

6.3. If, for reasons attributable to the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than specified in the Order, the Buyer is responsible for covering the costs associated with the repeated delivery or the costs associated with the alternative delivery method.

6.4. Upon receiving the goods from the carrier, the Buyer is obligated to check the integrity of the goods' packaging and immediately report any defects to the carrier. If the packaging is found to be damaged in a way indicating unauthorized access to the shipment, the Buyer is not required to accept the shipment from the carrier.

6.5. Additional rights and obligations of the parties concerning the transport of goods may be regulated by the Seller's special delivery terms, if issued.

7. Rights from Defective Performance

7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the applicable legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller is liable to the Buyer to ensure that the goods are free of defects upon receipt. In particular, the Seller warrants that at the time the Buyer takes possession of the goods:
7.2.1. The goods have the characteristics agreed upon by the parties, or in the absence of such agreement, the characteristics that the Seller or manufacturer described or that the Buyer expected given the nature of the goods and based on advertising;
7.2.2. The goods are suitable for the purpose indicated by the Seller for their use or for the usual purpose for which goods of this type are used;
7.2.3. The quality or design of the goods corresponds to the agreed sample or template, if the quality or design was determined according to an agreed sample or template;
7.2.4. The goods are in the appropriate quantity, size, or weight; and
7.2.5. The goods comply with the requirements of legal regulations.

7.3. The provisions of Article 7.2 do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods for defects corresponding to the level of use or wear at the time of acceptance by the Buyer, or if it arises from the nature of the goods.

7.4. If a defect appears within six months of receipt, it is presumed that the goods were defective at the time of receipt. The Buyer is entitled to assert rights from a defect that occurs in consumer goods within twenty-four months of receipt.

7.5. The Buyer asserts their rights from defective performance with the Seller at the address of the Seller's business premises, where acceptance of the complaint is possible given the assortment of sold goods, or at the registered office or place of business.

7.6. Additional rights and obligations of the parties regarding the Seller's liability for defects may be regulated by the Seller's complaints procedure.

8. Additional Rights and Obligations of the Contracting Parties

8.1. The Buyer acquires ownership of the goods upon payment of the full purchase price.

8.2. The Seller is not bound by any codes of conduct towards the Buyer in accordance with Section 1826(1)(e) of the Civil Code.

8.3. Consumer complaints are handled by the Seller via the email address shop@sike.cz. Information about the resolution of the Buyer's complaint will be sent to the Buyer's email address.

8.4. For out-of-court resolution of consumer disputes arising from the Purchase Agreement, the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent. The platform for online dispute resolution, available at https://ec.europa.eu/consumers/odr, can also be used to resolve disputes between the Seller and the Buyer arising from the Purchase Agreement.

8.5. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on Consumer ODR).

8.6. The Seller is authorized to sell goods based on a trade license. Trade control is carried out within its jurisdiction by the relevant trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, to a defined extent, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7. The Buyer assumes the risk of changes in circumstances within the meaning of Section 1765(2) of the Civil Code.

10. Sending Commercial Communications and Storing Cookies

10.1. The Buyer agrees to receive information related to the goods, services, or business of the Seller at the Buyer's email address and further agrees to receive commercial communications from the Seller at the Buyer's email address. The Seller fulfills its information obligations towards the Buyer within the meaning of Article 13 of the GDPR Regulation regarding the processing of the Buyer's personal data for the purpose of sending commercial communications through a separate document.

10.2. The Buyer agrees to the storage of cookies on their computer. If it is possible to make a purchase on the Website and fulfill the Seller's obligations under the Purchase Agreement without storing cookies on the Buyer's computer, the Buyer may withdraw their consent at any time.

11. Communication

11.1. Communication with the Buyer may be conducted via the Buyer's email address.

12. Final Provisions

12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law.

12.2. The choice of law under Article 12.1 of these Terms and Conditions does not deprive the consumer of the protection provided by provisions of the legal system that cannot be contractually excluded and that would otherwise apply in the absence of the choice of law under Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.3. If any provision of these Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

12.4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.5. The Terms and Conditions include an annex with a template withdrawal form for the Purchase Agreement.

12.6. Contact details of the Seller: Delivery address: Sokolská 1111/32, Liberec, 460 01, email address: shop@sike.cz.

In Liberec, 31 October 2024.