These Terms and Conditions regulate, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations between

PIEDRA NATURAL a.s.,

Company ID: 24832197, VAT ID: CZ24832197,

registered office: Sicherova 1601/12, Kyje, 198 00, Prague 9,

Business premises: Do Čertous 15, Prague 9, 193 00

www: www.els-moto.com,

email: info@els-moto.cz,

(hereinafter referred to as the “Seller”)

and the customer (hereinafter referred to as the “Buyer”)

arising in connection with or based on a purchase contract (hereinafter referred to as the “Contract”) concluded between the Seller and the Buyer through the Seller’s online store located at www.els-moto.com (hereinafter referred to as the “Store”), the subject of which is the goods offered by the Seller (hereinafter referred to as the “Goods”).

(hereinafter referred to as the “Terms and Conditions”).

I.Introductory Provisions

1. In addition to the sale of Goods, the Seller also offers services consisting of maintenance and repairs provided on an individually agreed basis, to which these Terms and Conditions do not apply. These Terms and Conditions apply solely in connection with or based on a Contract concluded between the Seller and the Buyer concerning the Goods.

2. These Terms and Conditions form an integral part of the Contract. The Contract and these Terms and Conditions are drawn up in the Czech language. The Contract may be concluded in the Czech language. Wherever rights and obligations arising from the Contract are mentioned, they include those contained in these Terms and Conditions.

3. By concluding the Contract, the Buyer declares that they have read, understood, and agreed to the current version of these Terms and Conditions at the time of each Contract conclusion.

4. These Terms and Conditions replace all previous oral and written statements and agreements between the Seller and the Buyer regarding the Contract, except for the Contract itself, the provisions of which take precedence over these Terms and Conditions.

5. The Seller may unilaterally amend or supplement these Terms and Conditions. This does not affect rights and obligations arising during the validity of a previous version of the Terms and Conditions.

6. After the Contract is concluded, it is stored by the Seller for the purpose of its proper fulfillment; however, the Seller is not obliged to allow the Buyer repeated access to the concluded Contract.

7. The current version of these Terms and Conditions is freely available on the Seller’s website, allowing anyone to view and store them.

8. The Buyer may be a consumer or an entrepreneur:

   1. A consumer, under Section 419 of the Civil Code, is any natural person who concludes a Contract with the Seller or otherwise deals with the Seller outside the scope of their business activity or independent profession.

   2. An entrepreneur, under Section 420 of the Civil Code, is a person who independently conducts a gainful activity on their own account and responsibility in a trade or similar manner, intending to do so continuously for profit. An entrepreneur is also any person concluding contracts related to their business, production, or similar activities, or in the course of their independent profession, or a person acting on behalf of or for the account of an entrepreneur. According to Section 421 of the Civil Code, an entrepreneur is also a person registered in the Commercial Register or a person holding a business or other license under another law.

II.User Account and Provided Data

1. The Contract may be concluded without prior registration in the Store.

2. The Seller allows the Buyer to register within the Store environment. If the Buyer wishes to register, they must enter the required personal data in the relevant section of the Store. Upon submitting the registration, the Seller will create a user account for the Buyer on the Store’s website (hereinafter referred to as the “User Account”). By submitting the registration, the Buyer agrees to Article VI of these Terms and Conditions. Access to the User Account is protected by a username and password, which the Buyer must not disclose or allow any third party to use.

3. The Buyer declares that the information provided during registration in the Store, when concluding the Contract, or otherwise provided to the Seller is true and correct and that any changes will be reported to the Seller without undue delay. The Seller is not responsible for any damage or complications caused by the Buyer providing incorrect or false information. The Buyer is liable to the Seller for any damage caused by providing incorrect or false personal data.

4. The Buyer acknowledges that access to the Store website and their User Account may not be continuous, particularly due to necessary maintenance or planned system changes. In case of a breach of the Contract or these Terms and Conditions by the Buyer, the Seller reserves the right to temporarily deny or permanently cancel the Buyer’s access to their User Account without compensation. The Seller may also cancel the Buyer’s User Account without compensation if it remains unused for more than one year.

III. Conclusion of the Contract, Payment Terms and Delivery of Goods

1. All product presentations on the Store’s website are for informational purposes only, and the Seller is not obliged to conclude a Contract for the Goods. The provisions of Section 1732(2) of the Civil Code shall not apply.

2. The Store’s website contains information about the Goods and their characteristics, prices, and costs related to delivery and packaging within the territory of the Czech Republic or the Slovak Republic. If the Goods are to be delivered outside the Czech Republic or the Slovak Republic, the delivery costs will be specified separately or agreed upon individually. Prices include VAT and all related charges. Prices remain valid as long as they are displayed on the Store’s website. This provision does not limit the Seller’s ability to conclude Contracts under individually agreed conditions. Any discounts on the Goods’ price provided by the Seller to the Buyer cannot be combined.

3. The Buyer agrees to the use of means of remote communication when concluding the Contract. The Buyer shall bear the costs incurred in using such means in connection with the conclusion of the Contract (internet connection, telephone calls, etc.), which do not differ from the basic rate.

4. The Contract may be concluded via an order form available in the Store, either after logging into the User Account or by direct product selection. The Buyer must fill in the order form with information concerning:

   1. the selected Goods and quantity, which the Buyer does by adding Goods to the electronic shopping cart;

   2. the chosen method of payment for the Goods, where the Store environment displays the costs associated with the selected payment method;

   3. the chosen method of delivery of the ordered Goods; and

   4. the Buyer’s contact details and delivery address for the Goods.

The information entered into the order form constitutes an order (hereinafter referred to as the “Order”).

5. After creating the Order, the Buyer has the opportunity to review and correct the entered data. The Buyer submits the Order to the Seller by clicking the “Complete” button. The Seller confirms receipt of the Order to the Buyer via email to the address provided in the Order or otherwise supplied to the Seller. If the Buyer has chosen personal collection as the delivery method, the Contract is concluded upon delivery of this Order confirmation. If the Buyer has chosen delivery to a specified address, the Seller will inform the Buyer of the delivery cost based on the nature and volume of the Goods after the Order has been submitted, via email to the Buyer’s provided address. In such a case, the Contract is concluded once the Buyer confirms the delivery cost in their reply. Acceptance of an offer with modifications is excluded.

6. Based on the concluded Contract, the Buyer undertakes to pay the purchase price for the Goods and accept delivery, while the Seller undertakes to deliver the Goods to the Buyer and transfer ownership rights to them.

7. Depending on the nature of the Order, the Seller may request additional telephone or written confirmation from the Buyer.

8. The Seller may require the Buyer to make an advance or similar payment. The Buyer is informed of this before concluding the Contract, either in the product description or during the ordering process.

9. When placing an Order, the Buyer may choose from the following payment methods for the purchase price and related costs:

1. in cash on delivery at the place specified by the Buyer in the Order; or

2. in cash at the Seller’s business premises;

3. payment via GoPay
4. advance bank transfer

Together with the payment of the purchase price, the Buyer is obliged to pay the costs of packaging and delivery of the Goods, as well as any costs associated with the selected payment method in accordance with the Contract. Unless expressly stated otherwise, the purchase price also includes the costs related to the delivery of the Goods and the costs of the selected payment method.

In the case of delivery of Goods outside the territory of the Czech Republic or the Slovak Republic, the available payment methods may be limited.

10. The purchase price is payable upon receipt of the Goods.

11. The Seller is entitled to require payment of the full purchase price and other costs before the Goods are dispatched to the Buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.

12. After payment of the purchase price and other costs, the Seller shall issue to the Buyer a tax document for the payments made and send it to the Buyer by email.

13. The Buyer acquires ownership of the Goods at the moment the full purchase price is paid, but not before taking possession of the Goods.

14. Together with the Goods, the Buyer shall receive an instruction manual and maintenance guidelines. Compliance with these manuals and instructions is a prerequisite for asserting any rights arising from defective performance.

15. If, under the Contract, the Seller is obliged to deliver the Goods to a location specified by the Buyer, the Buyer is obliged to accept the Goods upon delivery. Goods designated by the Buyer for collection at the Seller’s premises must be collected within 7 days from the date the Buyer is informed by the Seller that the Goods are ready for collection. The Buyer is also obliged to accept the Goods in other cases, in particular after a resolved complaint or if the Goods are resent to the Buyer following a late exercise of the right to withdraw from the Contract without stating a reason. If, for reasons on the Buyer’s side, the Goods must be delivered repeatedly or by another method than agreed, the Buyer shall bear the costs of such repeated or alternative delivery.

16. If the Buyer is in delay with the acceptance of the Goods, the Seller has the right, after prior notice and granting an additional reasonable period for collection, to sell the Goods at the Buyer’s expense. Furthermore, the Seller is entitled to charge the Buyer a storage fee of CZK 10 per day of delay, up to the total value of the Goods, and may withdraw from the Contract at any time during the delay.

17. If the method of delivery is agreed upon based on a specific request from the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery.

18. Upon receipt of the Goods, the Buyer is obliged to check the integrity of the packaging and immediately notify the carrier of any defects. If the packaging is found to be damaged, indicating unauthorized access to the shipment, the Buyer is not obliged to accept the shipment from the carrier.

19. None of the delivery dates agreed between the Buyer and the Seller shall be deemed a fixed date within the meaning of Section 1980 of the Civil Code, unless explicitly designated and agreed as such with the Seller.

IV. Withdrawal from the Contract

1. This section applies only when the Buyer is a consumer. If the Buyer is a consumer:

   1. They may withdraw from the Contract within 14 days of receiving the Goods or the last part of the delivery, regardless of the method of delivery or payment. The withdrawal must be sent to the Seller within this period to the address PIEDRA NATURAL a.s., Do Čertous 15, Hall L, Prague 9, 193 00, or by email to info@els-moto.cz.

   2. They are also entitled to withdraw from the Contract at any time before the Goods are delivered.

   3. The Buyer does not need to state the reason for withdrawing from the Contract. To facilitate communication, it is advisable to include in the withdrawal notice the purchase date or Contract, order, or invoice number, bank account details, and the preferred method of returning the goods. The Buyer may withdraw from the Contract using the sample withdrawal form attached to these Terms and Conditions.

   4. After withdrawal, the Buyer is obliged to send the received Goods back to the Seller without undue delay to the address PIEDRA NATURAL a.s., Do Čertous 15 (hall L), Horní Počernice, Prague 9, 193 00, no later than 14 days from the withdrawal date. The Buyer is responsible to the Seller for any reduction in the value of the Goods resulting from handling the Goods in a manner other than necessary with regard to their nature and characteristics. The Goods should be returned to the Seller (not by cash on delivery), preferably in their original packaging and complete.

   5. The Seller is obliged to refund to the Buyer an amount corresponding fully to the purchase price of the Goods and the paid delivery costs within 14 days from the time the returned Goods are received from the Buyer, using the same payment method that was used for the initial transaction, unless otherwise agreed with the Buyer and provided that this does not result in additional costs for the Buyer. If the Seller offers several delivery options, the Seller is required to reimburse the Buyer only for the least expensive delivery option. The Seller may withhold the refund until the Goods have been returned or until the Buyer proves that the Goods have been dispatched.

   6. The Buyer bears the costs of returning the Goods, even if the Goods cannot be returned by ordinary postal means.

   7. If the returned Goods are damaged due to the Buyer’s breach of obligations, the Seller is entitled to claim compensation for the reduction in the value of the Goods and offset it against the refunded amount.

   8. The Buyer acknowledges that, in accordance with Section 1837 of the Civil Code, the right to withdraw from the Contract does not apply, among others, to Contracts for the supply of Goods customized according to the Buyer’s wishes or for their person, Contracts for the supply of perishable Goods, Goods that were irreversibly mixed with other goods after delivery, Goods supplied in sealed packaging that the Buyer has removed and which cannot be returned for hygiene reasons, or Contracts for the supply of audio or video recordings or computer software if their original packaging was unsealed, and Contracts for the supply of digital content not delivered on a tangible medium if delivery began with the Buyer’s prior express consent before the withdrawal period expired.

   9. In cases where the Buyer is entitled to withdraw from the Contract in accordance with Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Contract at any time until the Goods are received by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by bank transfer to the account specified by the Buyer.

2. If the Buyer is not a consumer, they may withdraw from the Contract only under conditions agreed in writing between the Buyer and the Seller or as provided by law.

3. If a gift is provided to the Buyer together with the Goods, the gift contract between the Buyer and the Seller is concluded with a resolutory condition that, in the event of the Buyer’s withdrawal from the Contract, the gift contract shall cease to be effective, and the Buyer is obliged to return the provided gift along with the Goods.

V. Rights from Defective Performance 

1. The rights and obligations of the contracting parties regarding the Seller’s liability for defects in the Goods are governed by the applicable generally binding legal regulations.

2. This section applies only if the Buyer is not an entrepreneur. If the Buyer is not an entrepreneur:

1. If the received Goods have defects (e.g., do not have agreed or expected properties, are unsuitable for the usual or agreed purpose, are incomplete, or their quantity, size, weight, or quality do not comply with legal, contractual, or pre-contractual parameters), they are considered defective, and the Seller is responsible for such defects.

2. The Seller is not liable for defects resulting from normal wear and tear or failure to follow the instructions for use. The Seller is not responsible for defects for which a lower price of the Goods was agreed. The Seller is not liable for defects that the Goods already had at the time of concluding the Contract, if this follows from the nature of the Goods. In the case of used Goods, the Seller is not responsible for defects corresponding to the degree of wear or use that the Goods had at the time of acceptance by the Buyer. The Seller is not responsible for defects caused by the Buyer.

3. The Buyer is entitled to exercise the right from a defect that occurs in the Goods within 24 months of receipt. At the Buyer’s request, the Seller shall confirm in writing the scope and duration of its obligations in the event of defective performance.

4. If a defect becomes apparent within six months of receipt of the Goods, it is presumed that the Goods were defective at the time of receipt.

5. If the Goods do not have the required properties, the Buyer may request the delivery of a new part (if the defect concerns only that part) or new Goods without defects. If this is not possible, the Buyer may withdraw from the Contract. However, if this is disproportionate to the nature of the defect, the Buyer has the right to have the defect removed free of charge. If the Buyer does not exercise these rights or if the Seller cannot deliver a new part or new Goods without defects, the Buyer may request a reasonable discount.

6. If a removable defect reoccurs after repair or if the Goods have a larger number of defects, the Buyer may exercise the right to exchange the Goods or withdraw from the Contract.

7. The Buyer may submit a complaint to the Seller at the address of its establishment where acceptance of complaints is possible considering the nature of the Goods sold, or at the registered office, or electronically at info@els-moto.cz. The moment of filing a complaint is considered the moment when the Seller receives the complained Goods from the Buyer. The Seller shall confirm to the Buyer in writing when the complaint was submitted, the repair performed, and the duration of the repair.

VI. Personal Data Protection and Commercial Communication

1. The protection of the Buyer’s personal data, who is a natural person, is ensured in accordance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, email address, and telephone number. The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising rights and obligations under the Contract and for sending information and commercial communications. The Buyer agrees that information related to the Seller’s services may be sent to their email address stated in the Order or otherwise provided to the Seller, and also agrees to receive the Seller’s commercial messages at this address.

3. Personal data will be processed for an indefinite period, in electronic form by automated means or in printed form by non-automated means. The Seller, as the controller, may entrust the processing of personal data to a third party as a processor. Except for persons delivering Goods to the Buyer, personal data will not be disclosed to third parties without the Buyer’s consent.

4. The Buyer is obliged to provide accurate and truthful personal data and to inform the Seller without undue delay of any changes. The Buyer confirms that the personal data provided are accurate and that they have been informed that providing personal data is voluntary. The Buyer further declares that they have been informed that consent to the processing of personal data may be withdrawn by written notice delivered to the Seller’s address.

5. If the Buyer believes that the Seller or processor is processing their personal data in violation of the Buyer’s right to privacy or the law, the Buyer may request an explanation from the Seller and demand that the unlawful situation be remedied.

6. If the Buyer requests information about the processing of their personal data, the Seller is obliged to provide such information. The Seller has the right to charge a reasonable fee not exceeding the costs necessary to provide such information.

7. The Buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase in the Store and fulfill the Seller’s obligations under the Contract without storing cookies on the Buyer’s computer, the Buyer may withdraw this consent at any time.

VII. Final Provisions

1. The Buyer assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

2. The Seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code in relation to the Buyer. The Buyer may submit complaints directly to the Seller or to the relevant supervisory authority. The Seller is authorized to sell Goods on the basis of a trade license. Trade inspection is carried out by the competent trade licensing office within its scope of authority.

3. Czech general courts shall have jurisdiction over disputes between the Buyer and the Seller.

4. For out-of-court settlement of consumer disputes arising from the Contract, the Czech Trade Inspection Authority is competent, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: www.coi.cz.

5. If a relationship related to the use of the Store or a legal relationship established by the Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.

6. If any provision of these Terms and Conditions becomes invalid or ineffective, such invalid provision shall be replaced by a valid one that comes closest to the meaning of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity and effectiveness of the remaining provisions.

7. Unless otherwise agreed, all correspondence related to the Contract must be delivered to the other party in writing, by email, in person, or by registered mail through the postal service provider. Correspondence to the Buyer shall be sent to the email address provided in the order or registration.

8. These Terms and Conditions come into effect on | date to be filled in upon publication on www |

In Prague, on 22 April 2020