Terms & Conditions

BUSINESS TERMS & CONDITIONS

of FESTKA s.r.o.,
with its registered office at Jana Masaryka 281/28, Vinohrady, 120 00 Prague 2
company identification number: 24735248
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 169942
for the conclusion of contracts remotely

1. Preamble

1.1. The present terms and conditions (hereinafter referred to as the “Terms and Conditions” or “T&C”) of FESTKA s.r.o., with its registered office at Jana Masaryka 281/28, Vinohrady, 120 00 Prague 2, ID No.: 24735248, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 169942 (hereinafter referred to as “Festka”) regulates 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 of the contracting parties in providing the following services by Festka (hereinafter referred to as the “services”): custom production of bicycle frames and components (hereinafter referred to as “contract production”); delivery of components for bicycles and accessories from other manufacturers; assembly and servicing of bicycles, graphic work and other services.

1.2. These Terms and Conditions form an integral part of contracts entered into with customers in the provision of services (hereinafter referred to as “contracts”).

1.3. Divergent provisions accepted by both Festka and the customer shall prevail over the provisions of the Terms and Conditions.

1.4. These Terms and Conditions do not apply in cases where the customer is a legal entity or a natural person – entrepreneur. In such cases, the contractual terms will be individually adjusted.

1.5. Festka reserves the right to change the wording of these Terms and Conditions, while the new wording of the Terms and Conditions is effective at the moment of their publication on the website https://festka.com. This provision shall not affect the rights and obligations that originated during the effective term of the previous version of the Terms and Conditions.

1.6. These Terms and Conditions and contractual documentation (in particular the price quote) are drawn up in the Czech and English languages. In case of discrepancies between the language versions, the Czech version shall prevail.

2. Presentation of Goods and Services

2.1. All presentations of goods and services provided by Festka, especially web-based presentations, only have an informational and non-binding character. The customer shall not be entitled to a contract. The provisions of Section 1732(2) of the Civil Code shall not apply.

2.2. Technical specifications of bicycle frames are given on the web festka.com in SPECS section, except for frames produced to order according to individual parameters specified by the customer (CUSTOM GEOMETRY service). In the case of individual parameters of bicycle frames (CUSTOM GEOMETRY service), Festka points out that the parameters specified by the customer may have a negative impact on the riding characteristics of the bicycle. If the customer insists on unsuitable parameters despite Festka’s warning, Festka shall not be liable for any damage incurred in connection with the use of the bicycle and the customer shall use the bicycle exclusively at their own risk.

2.3. Production of bicycle frames can be supplemented with additional services:

a) YOU BY FESTKA – processing individual frame graphics by a professional designer;

b) SIGNATURE – exclusive design;

c) SPIRIT R&D – colour mixed according to individual requirements;

d) SPIRIT – selection of exclusive colours;

e) PERSONALISATION – placing a short slogan, name, alias or logo on the frame;

f) CUSTOM GEOMETRY – individual frame geometry according to customer specifications;

g) CONCIERGE – exclusive after-sales customer support allowing for additional replacement or upgrade of fitted components.

2. Presentation of Goods and Services

2.3. Production of bicycle frames can be supplemented with additional services:

a) YOU BY FESTKA – processing individual frame graphics by a professional designer;

b) SIGNATURE – exclusive design;

c) SPIRIT R&D – colour mixed according to individual requirements;

d) SPIRIT – selection of exclusive colours;

e) PERSONALISATION – placing a short slogan, name, alias or logo on the frame;

f) CUSTOM GEOMETRY – individual frame geometry according to customer specifications;

g) CONCIERGE – exclusive after-sales customer support allowing for additional replacement or upgrade of fitted components.

3. Order

3.1. The customer addresses themselves to Festka or their sales representative, by e-mail, by telephone, or by other means of remote communication. Based on the customer's requirements, an individual price quote shall be prepared by Festka (hereinafter referred to as the “offer”).

3.2. The contract production of a bicycle frame or other goods is governed by the contract for work (hereinafter referred to as the “contract for work”). Delivery of products of other manufacturers is governed by a purchase contract (hereinafter referred to as the “purchase contract”). If the customer orders a custom production as well as a purchase and/or installation of products of other manufacturers (assembly), this service shall be governed by the contract for work.

3.3. The customer acknowledges that Festka produced and assembled bicycles are intended exclusively for sports purposes (hereinafter also referred to as the “Racing Special”), and therefore that the Racing Special is not intended for on-road use (pursuant to Act No. 56/2001 Coll., on the conditions of operation of vehicles on roads and Decree of the Ministry of Transport No. 341/2014 Coll., as amended). Unless otherwise agreed between the contracting parties, bicycles are not intended for professional sporting activities. 2

3.4. After approval of the offer, the customer will receive a request for payment of the advance payment and a proposal for a binding order (hereinafter referred to as the “order”), which includes:

a) a description of the goods and services, the specification of which cannot be subsequently altered, including information on the method of determining the price and possible additional costs (in particular transportation costs);

b) details of the goods and services that may be subsequently changed, including the deadline for the final specification of the order;

c) the amount of the advance payment if it is to be higher than 40% of the estimated price of the contract;

d) customer information and delivery location;

e) the expected delivery date, from the moment of selection of the design of the goods to be produced to order, especially the cycling frame. In other cases, the delivery period shall start from the moment of confirmation of the order.

3.5. The order becomes binding upon its express approval by the customer, which is usually done by e-mail. By approving the offer, the customer is also bound by these T&C.

3.6. The amount of the advance payment is 40% of the estimated price of the order, unless Festka has specified a different advance payment amount for the order. Until the advance payment is made, Festka shall not be obliged to start executing the order in any way.

3.7. In connection with the change of specifications (particularly in the case of an agreed change in the nature and quantity of sub-items, the design solution of the bicycle frame, due to unavailability of components of other manufacturers), or in the case of a change in the total price or estimated transport costs, Festka is entitled to ask the customer to confirm the change to the order. After its approval by the customer, Festka is entitled to ask the customer to pay the advance according to the new amount of the total price, and the customer is obliged to pay the advance according to the specification change no later than within 7 (seven) calendar days. Until the new amount of the advance is paid, Festka shall be entitled to suspend the performance of the contract, which may extend the estimated delivery period. If the advance payment is not paid, the change is not considered to have been made, and Festka is entitled to perform the order according to the original specification or cancel the order and charge the customer against the deposit for the costs incurred to date.

3.8. The customer agrees to the use of remote communication means for entering into the contractual arrangement. The costs arising for the customer during the use of remote communication means in connection with entering into the contractual arrangements (internet connection costs, phone call costs) shall be paid by the customer, and these costs shall not differ from the base rate.

4. Price and Payment Terms

4.1. The price and any costs associated with the execution of the order can be paid by the customer in the following ways:

- cashless transfer to Festka bank accounts:

- (for payments in CZK): 256877922/0300
- (for payments in EUR): 256877965/0300
- (for payments in USD): 256878001/0300
- (for payments in GBP): 277677399/0300

all accounts are kept with Československá obchodní banka, a. s. (hereinafter referred to as the “bank account”);

- cashless via PayPal for payments in EUR and USD;

- cashless with the use of a payment card via a payment gateway;

- in cash at Festka premises located at the following address: Jana Masaryka 281/28, Vinohrady, 120 00 Prague 2, but only for amounts up to CZK 270,000.

4.2. Festka always requires an advance payment in the amount of 40% of the price of the contract according to Article 3.6. of the T&C. If the purchase price is increased, Festka shall be entitled to request an additional payment so that the advance amount totals 40% of the updated contract price, even repeatedly (see Article 3.7. of the T&C).

4.3. In the case of cash payment, the price is payable upon collection/completion of the order. In the case of cashless payment, the additional payment of the price of the order shall be due within 7 (seven) days of the payment request sent by Festka to the customer before the goods are shipped.

4.4. In the case of a cashless transfer, the customer shall be obliged to specify a variable symbol when making the payment. In the case of cashless payment, the moment of payment shall be deemed to be the moment when the relevant amount is credited to Festka’s bank account. The provisions of Section 2119(1) of the Civil Code shall not apply.

4.5. Festka is obliged to issue the corresponding tax documents for the payments made. The invoice shall be issued by Festka upon completion of the contract in electronic form. Unless otherwise specified, the maturity of the invoice shall be 10 (ten) days. Until the price is paid according to the invoice, Festka is not in default with the delivery of goods or services. In the event of a delay in payment of any amount, Festka shall be entitled to suspend all performances, which shall stop all delivery periods.

4.6. If the customer is late with the payment of any amount for more than 30 (thirty) days, Festka shall be entitled to cancel the order (to withdraw from the contract), and Festka shall be entitled to use the advance payment to offset the costs incurred by it in connection with the performance of the order.

5. Reservation of Ownership, Storage Costs

5.1. The title to all delivered goods shall only pass to the customer upon full payment of the price of the goods or services.

5.2. If the customer does not collect the goods ready for pick-up or dispatch, or does not collect the goods within 30 (thirty) days of handling a complaint, the customer will be 4 charged a storage fee of CZK 100 (one hundred) for each day of delay. If the customer does not pick up the goods ready for dispatch or collection, or does not collect the goods after handling a complaint within 6 (six) months from the date on which they were informed of the possibility of collecting or sending the goods, Festka reserves the right to sell the goods and use the proceeds to pay the storage fee.

6. Withdrawal From an Order by the Customer – Consumer

6.1. The customer acknowledges that it is not possible, pursuant to Section 1837 of the Civil Code, to withdraw from the contract for the supply of goods produced to order by Festka without stating a reason, as it is made according to the customer’s individual requirements.

6.2. The customer expressly agrees that Festka shall initiate steps to provide services or deliver goods (except goods manufactured to order) immediately after approval of the order by the customer and payment of the advance, even before the statutory period for withdrawal without stating a reason expires. Due to Festka's commencement of fulfilling the order, the customer loses the option of withdrawing from the order without stating a reason.

6.3. If the customer – consumer has not ceased to be entitled to withdraw from the contract for the reasons specified in Articles 6.1. and 6.2. hereof, the customer is entitled to withdraw from the contract under the conditions specified in Sections 1829 to 1837 of the Civil Code, i.e.:

6.3.1. The customer – consumer is entitled to terminate the contract within the period of fourteen days. The above period begins on the day of the conclusion of the contract and if it is: a) a purchase agreement, starting on the day of receipt of the goods; b) a contract that includes several types of goods or several deliveries, starting on the day of the receipt of the last delivery of goods; or c) a contract, the subject of which is regular and repeated deliveries of goods, starting on the day of receipt of the first delivery of goods.

6.3.2. Festka shall enable the customer – consumer to withdraw by completing and submitting a withdrawal form, which forms Annex No. 1 to these T&C. It may be submitted in writing to the address of the registered office of Festka or by e-mail at concierge@festka.com. Festka will then confirm receipt to the consumer without undue delay in writing.

6.3.3. In the case of a withdrawal the customer – consumer shall cover all costs in connection with the return of goods, and if the contract had been concluded via a remote communication method also the cost for the return of goods if these goods cannot be returned via standard postal service due to their nature (see Article 9.19 of these T&C).

6.3.4. In the case of a withdrawal, the customer – consumer is obliged to cover a proportionate part of the price for contracted goods or services, the fulfilment of which had already begun.

7. Transport and Delivery of Goods

7.1. Festka shall deliver the goods to the customer according to the order upon full payment of the price of the goods. Festka is obliged to inform the customer about the completion of the order and, at the customer's request, is obliged to provide them with adequate photographic documentation to demonstrate the completeness of the order.

7.2. The Racing Special comes with the following documents: a birth certificate along with a SECURE BIKE code and an invoice.

7.3. The obligation to deliver the goods shall be fulfilled by Festka by delivering the goods to the customer on its premises or by preparing the goods for takeover by the first carrier.

7.4. Unless otherwise agreed in the order, the customer shall be obliged to collect the goods no later than 7 (seven) days from the date on which Festka informed the customer that they may collect the goods at the Festka site or that the goods are ready for shipment by a carrier if the customer has requested delivery through a carrier.

7.5. The risk of damage to the goods shall pass to the customer as soon as it becomes possible for the customer to dispose of the goods or when the time limit for taking over or collecting the goods has expired. If Festka is to deliver the goods via a carrier chosen by the customer, the risk of damage passes to the customer upon handover of the goods to the first carrier. The customer, or a person authorised by the customer, is obliged to confirm the acceptance of the goods in writing.

7.6. Unless otherwise agreed in the order, the place of delivery of the goods shall be the Festka premises located at Jana Masaryka 281/28, Vinohrady, 120 00 Prague 2, Czech Republic. The collection of goods at the Festka premises shall be free of charge. At the request of the customer, Festka shall arrange for transport via contractual carriers (DPD, PPL, Česká pošta, s.p., etc.) for the delivery of goods within the Czech Republic for the price determined according to their current price list.

7.7. The customer may arrange for delivery of goods outside of the Czech Republic through contractual carriers (FedEx, DHL, etc.) according to their current price list. The transportation costs of goods to be delivered outside the Czech Republic shall be covered by the customer. In such a case, the customer is informed of the fact that they bear the transportation costs of the goods to be delivered outside the Czech Republic, but also the possible transportation costs of the goods to the Festka premises referred to in Article 4.1. of the T&C in the event of a complaint against the goods, when the goods are sent back after successful handling of the complaint, but also in the case of return of the goods to the customer in the case of rejection of the complaint. However, if the claim against the goods is found to be justified, the customer shall be entitled to reimbursement of the costs reasonably incurred in connection with the claim.

7.8. In the case of a goods delivery outside the member states of the European Union and the European economic area, the price of the goods shall not include fees, taxes, duties or other costs levied by the state to which the goods are to be delivered.

7.9. Partial deliveries of goods are only possible based upon the mutual agreement of both parties in writing. If the need for a partial delivery arises on the side of the customer, the transport and packaging costs shall be covered by the customer. For the purposes of this Article, arrangements made via the exchange of e-mails or other electronic messages shall also be considered to have been made in writing.

7.10. Festka is obliged to inform the customer of the expected delivery date of the goods at any time upon request. Festka must always inform the customer about any substantial changes in the delivery date, stating the reason for the change, if known.

7.11. The delivery period of the work shall be adequately extended by the period during which the delivery of the work is prevented by circumstances beyond the control of Festka, i.e., which cannot be foreseen at the time of conclusion of the contract and for which Festka is not at fault, vis maior, lack of energy or raw materials, strike, lockout, official measures or delivery delays or failures on the part of other suppliers or business partners not caused by Festka. If such circumstances persist for more than twice the estimated delivery period specified in the order, or if operations of Festka or its subcontractors are stopped, or in the case of long-term exceptional circumstances beyond the will of Festka, Festka shall be entitled to cancel the order after the expiry of the next additional three-month period (to withdraw from the contract). In such a case, the customer shall also be entitled to withdraw from the contract. Festka shall then return to the customer the price of the goods paid or an advance payment reduced by the costs already incurred for the performance of the order, without undue delay, by wire transfer to the bank account specified by the customer.

7.12. If the customer is late with the fulfilment of the obligation to take over the delivered goods in a proper and timely manner for more than 30 (thirty) days, Festka shall be entitled to cancel the order (to withdraw from the contract).

7.13. If due to reasons on the customer’s side it becomes necessary to deliver goods repeatedly or in a manner other than that specified in the order, the customer shall be required to make an advance payment of 100% of the repeated delivery costs prior to the next delivery attempt.

7.14. After taking over the goods from the carrier, the customer shall be obliged to check whether the goods packaging is intact, and if any defects are found, to report them to the carrier without delay. If the customer finds damaged packaging proving that someone has wrongfully broken into the consignment, they shall not be obliged to take over the consignment from the carrier. If the customer takes over the consignment in this case, they take over the consignment at their own risk.

7.15. The customer acknowledges that graphic designs and visuals related to the design of the frame are only illustrative and do not take into account its future components (except for those that will be painted together with the frame) and other specific features of the frame (brake type, cable routing, derailleur hanger shape, etc.); they also do not take into account the real size of the frame. The colour design of the frame is primarily based on the RAL and Pantone samples. However, the final appearance of colours on the frame may not correspond with visualisations due to deviations in computer monitor settings and quality. This fact shall not constitute a valid reason for not taking over the goods, for filing a complaint or for withdrawing from the contract.

8. Service and Maintenance of the Racing Special

8.1. The customer acknowledges that the Racing Special is a complex technical product, and as such requires sufficient and regular professional care. Operating the Racing Special under adverse conditions (mud, rain, dust, racing, aggressive riding) dramatically reduces its lifespan. In such cases, far more frequent maintenance and repairs are required than specified in the following paragraph.

8.2. After professional assembly, the Racing Special must undergo an initial service inspection after riding 100-200 km, but no later than within 2 (two) months from the delivery of the Racing Special to the customer. In addition, the customer is obliged to ensure a regular service inspection of at least 1 (once) per year, which shall include at least the following tasks: cleaning of the Racing Special, inspection and adjustment of the headset, inspection and adjustment of the bottom bracket, removal of the saddle from the frame.

8.3. The customer is obliged to keep evidence of professional assembly, to complete the initial service inspection of the Racing Special and other regular service inspections, and to submit these documents to Festka in the event of a complaint about the goods or the application of a quality guarantee. If the customer fails to provide service documents, the quality guarantee (as defined in Article 9.2 of the T&C) shall automatically cease to exist.

9. Warranty and Complaint Conditions

9.1. Festka guarantees to the customer that the delivered goods have no defects at the time of delivery. The liability of Festka for defects shall not apply (i) to goods sold at a lower price due to a defect for which the lower price was agreed, (ii) to used goods with a defect corresponding to the level of use and wear and tear the goods had at the time of delivery, (iii) to goods for which the specifications or features were changed at the customer's express request against the proposal submitted by Festka, (iv) to defects that occurred as a result of a non-standard technological procedure in order to fulfil the customer's requirements, especially for the services specified in Article 2.3 of the T&C. The customer’s rights arising from defective performance shall cease to exist if the defect has not been notified in writing to Festka without undue delay after the customer was able to ascertain it with due care, but no later than 24 months after receipt of the goods.

9.2. Festka provides a quality guarantee for goods newly manufactured to order, according to which Festka guarantees that from the moment of transfer of the risk of damage to the customer, the goods produced to order will be fit for use in accordance with the data specified in the order (hereinafter referred to as the “quality guarantee”). The guarantee only applies to the first owner and is set to 2 (two) years. The guarantee does not apply to the following:

9.2.1. wear and tear of goods caused by normal use of the goods and to inappropriate uses of the goods, such as gross or hard handling, lack of maintenance or unprofessional repairs, stripping of threads, corrosion and oxidation, scratches in painted surfaces, cracking of the seat tube of the bicycle frame due to seat extension more than the indicated maximum extension, tightening of the saddle collar to a different torque than recommended, exposure of the bicycle to intense thermal radiation – storage near heat sources, transport via vehicle in the vicinity of an exhaust system, storage in a damp location, in a location subject to direct sunlight or other aggressive environmental effects, exposure of the paint to aggressive chemicals, UV radiation, salt, power washing and mechanical damage due to falls, overloading, crashes, the puncture of carbon frames due to impact, the cracking of carbon frames due to unforeseen stress directions and/or caused by excessive force or by exceeding maximum recommended tightening torque values; 8

9.2.2. used goods;

9.2.3. goods sold at a reduced price due to a defect, for which the reduced price was agreed;

9.2.4. goods whose quality or design was changed at the customer's express request against the producer's express recommendation, defects that occurred as a result of a non-standard technological procedure performed in order to fulfil the customer's requirements (in particular the services referred to in Article 2.3 of the T&C);

9.2.5. goods to which the guarantee cannot apply due to their nature. If the customer proves that the goods manufactured to order (in particular the Racing Special) become unfit for normal use during the quality guarantee period, the customer is entitled to request that the defective part of the goods be repaired by Festka. Festka is entitled to deliver new goods or parts thereof to the customer instead of repair;

9.2.6. products of other manufacturers are covered by a quality guarantee under the conditions stipulated by their manufacturer or supplier in the warranty certificate and other documentation.

9.3. The quality guarantee does not cover the transportation costs of the goods from the customer to Festka and back to the customer.

9.4. The liability of Festka for defects is negated and the quality guarantee shall cease to exist in the event of any unprofessional interference with the goods carried out by the customer or a third party, which shall not apply in the case of professional and regular servicing. The quality guarantee and liability for defects do not apply to defects of the goods caused by external influences, transport, mechanical damage, and unprofessional handling or assembly.

9.5. Goods, especially Racing Specials, must be professionally serviced after assembly and a written record must be made of each performed service. Upon Festka's request, the customer is obliged to submit previous service records when submitting a complaint, otherwise the quality guarantee shall cease to exist.

9.6. The customer shall not be entitled to reimbursement of costs or damages incurred as a result of or in connection with defects in the goods or failure of the goods to meet its guaranteed properties, unless the customer proves that the damage was caused by Festka intentionally or through gross negligence.

9.7. Obvious defects in the quantity, type, design or quality of the goods must be claimed by the customer in writing within 8 (eight) days of receipt of the goods, otherwise the customer's rights arising from defective performance cease to exist.

9.8. The customer shall file complaints in person or in writing at the Festka premises or by e-mail: concierge@festka.com. The customer shall first provide Festka with the following information and documents:

a) name and surname of the customer, delivery address, contact details;
b) description of the claimed defect / breach of warranty or its expression on specific parts of the Racing Special;
c) the moment when the defect became evident;
d) a copy of the birth certificate together with the SECURE BIKE code, a copy of the bicycle service maintenance record;
e) proof of purchase of the goods;
f) photographs of the claimed defects or the case of violation of the quality guarantee;
g) the consumer's demand (repair, discount, etc.).

9.9. Without express request by Festka, the customer is not obliged to deliver claimed goods to Festka, i.e., the entire Racing Special or its components. If Festka requires goods to be presented by the customer, it will expressly request them and come to an agreement with the customer on how the customer will arrange for transport.

9.10. Festka is obliged to handle the complaint no later than within 3 (three) business days. This period does not include the time necessary for delivery of the goods to Festka or for delivery of the goods for expert assessment of the defect, including ensuring the transport of the goods from the customer to Festka, if the customer has been specifically invited to do so by Festka. A complaint, including the removal of a defect, must be handled no later than within 30 (thirty) days of the day when all the following conditions have been met: (i) Festka has been provided by the customer with all the supporting documents necessary for the assessment of the complaint, and (ii) the goods were delivered to Festka, if Festka expressly requested it. The time limit for handling the complaint is extended if the expert assessment of the defect takes up a significant portion of the usual complaint period.

9.11. The lapse of this period shall be considered a material breach of the contract and the customer shall have the right to withdraw from the contract (order).

9.12. In the case of a justified complaint, i.e., if there is proof of the occurrence of a defect that constitutes a material breach of the contract, the customer may request:

a) delivery of a missing part;
b) defect removal through repair of the goods;
c) a reasonable discount from the purchase price; or
d) new replacement goods without defects;
e) withdrawal from the contract.

9.13. Further, the customer is entitled to withdraw from the contract:

a) if the customer cannot use the item properly due to repeated occurrence of a defect or defects after repair;
b) in the event of multiple defects of the goods; or
c) if the complaint is not processed within 30 days of its filing.

9.14. In the case of a justified complaint, i.e., if there is proof of the occurrence of a defect that constitutes a minor breach of the contract, the customer may request:

a) removal of the defect; or
b) a reasonable discount from the purchase price.

9.15. If a removable defect occurs repeatedly after repair (usually a third complaint for the same defect or fourth for different defects) or if the goods have a greater number of defects (usually at least three defects simultaneously), the customer may demand:

a) a discount from the purchase price;
b) replacement goods; or
c) withdrawal from the contract.

9.16. When making a complaint, the customer should indicate the preferred method of handling the complaint. This complaint handling preference may only be changed without Festka’s approval if the customer had requested that a defect be repaired that proves to be irreparable. If the customer fails to specify their right under a material breach of contract, they shall have the same rights as under a minor breach of contract.

9.17. If Festka proves that the customer knew about the defect or caused it themselves before taking over the goods, it is not obliged to comply with the complaint.

9.18. Festka shall inform the customer by e-mail about the handling of the complaint. The customer is obliged to collect the goods after the complaint is handled no later than within 30 (thirty) days of receiving the complaint settlement notice. If the customer does not collect goods in time, Festka shall be entitled to charge the storage fee in accordance with Article 5.2. of these T&C.

9.19. If the complaint is found to be justified, which is to say if the customer proves that the goods were defective at the time of delivery, the customer is entitled to demand that Festka remedy this defect according to the customer's choice. At the same time, the customer is entitled to a reimbursement of the costs effectively incurred in filing a complaint. Such costs primarily include the economy shipping rate (using the postal service) from the customer to Festka and back, when Festka was informed in advance of the cost amount and did not propose a different, cheaper method of transport to the customer. The customer is obliged to claim the costs with Festka within 1 (one) month after expiry of the period for claiming the defect, otherwise they cannot be recognised.

9.20. The rights and obligations of contracting parties regarding defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on consumer protection, as amended.

10. Copyrights

10.1. Technical drawings, models, technical documentation, photographs, graphics, design, marketing documents, samples, and all other technical and marketing information and documents that arise within the framework of Festka performance, especially for the purposes of the production of a bicycle frame and its graphic design, are copyrighted works created under the guidance of Festka and must not be used for any other purpose without its prior express consent. These documents cannot be copied, reproduced or made available to third parties by the customer without prior written consent of the creator. Drafts, sketches, technical or graphic design proposals, and other documents provided by the customer are not copyrighted works, unless the parties agree otherwise in writing.

10.2. For the purposes of these T&C, all intellectual property rights to copyrighted works created under the guidance of Festka or its representative, as specified in Article 10.1., belong to Festka, which has exclusive rights to make use of them without limitations of geographical territory or time, in any manner corresponding to the purpose for which the copyrighted work is intended, including the right to make changes or adjustments to the 11 work, to combine it with other works, or to create derivative works, for the entire duration of the intellectual property rights.

10.3. If the customer hands over to Festka any visual, text or other materials (e.g. Logo, name, etc.) for the purpose of performing the order, the customer shall be responsible for the fact that their use and incorporation by Festka shall not affect the intellectual property rights of third parties. If a third party exercises intellectual property rights against Festka, Festka shall be entitled to withhold the manufactured goods or suspend the provision of services until it is established that the intellectual property rights of third parties are not being interfered with, but no later than the binding decision of the court or other public authority. The customer is obliged to reimburse Festka for all costs and damages incurred in connection with interference with intellectual property rights of third parties.

11. Informing the Customer

11.1. Festka is not bound to any codes of conduct as described in the provisions of Section 1826(1)(e) of the Civil Code.

11.2. Warranty claims, complaints, and suggestions are handled by Festka via the electronic address concierge@festka.com. Information on the handling of a complaint shall always be sent to the customer by e-mail.

11.3. The customer acknowledges the following:

a) The body authorised to handle out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs. The online dispute settlement platform available at http://ec.europa.eu/consumers/odr may be utilised for settlement of disputes between contracting parties.

b) The European Consumer Centre Czech Republic with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is a 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) (EC).

c) Festka is authorised to manufacture and sell goods on the basis of a relevant trade licence. Business inspections are performed by the competent trade licensing authority as part of its duties. The Office for Personal Data Protection shall perform supervision over personal data protection. To a limited extent the Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

12. Personal Data Protection

12.1. The protection of personal data of customers who are natural persons is provided by Act No. 110/2019 Coll., on the processing of personal data, as amended, which incorporates directly applicable Regulation (EU) 2016/679 of the European Parliament and of the Council.

12.2. Festka acts as a personal data controller. Personal data will be processed for the purposes of exercising the rights and obligations under the contracts and for the purposes of keeping a customer database. If the customer does not select another option, they consent to the processing of personal data for the purposes of sending information and commercial messages by Festka. Consent to the processing of personal data in full pursuant to this Article is not a condition which, in itself, would make entry into a contract impossible.

12.3. The customer consents to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address and telephone number (hereinafter all collectively referred to as “personal data”).

12.4. The customer acknowledges that they are obliged to specify their personal data (during registration, in their user account, when placing an order via the web-based e-shop interface) correctly and to inform Festka of any changes in their personal data without undue delay.

12.5. Festka may appoint a third party to process personal data provided by the customer. Festka and the processor shall enter into a contract on personal data processing pursuant to which the processors shall be responsible for proper security of personal data processing and security. In addition to persons involved in the provision of Festka services and persons transporting goods, the customer’s personal data shall not be transferred to third parties without prior consent.

12.6. Personal data will be processed for an indefinite period of time. Personal data shall be processed electronically by automated means or in printed form by non-automated means.

12.7. The customer confirms that the provided personal data is accurate and that they have been informed that the personal data is provided voluntarily.

12.8. Festka has adopted legal, organisational, and technical measures to protect the processed personal data in such a way as to prevent unauthorised or accidental access to the data, its alteration, destruction or loss, unauthorised transmission, other unauthorised processing as well as any other misuse, and to ensure that all obligations of the processor of the personal data resulting from the legal regulations are secured by personnel and organisationally for the duration of the data processing.

12.9. The customer has the right to request Festka allows access to their personal data pursuant to Article 15 of the GDPR, rectification of personal data pursuant to Article 16 of the GDPR, or restriction of processing pursuant to Article 18 of the GDPR. The customer has the right to erasure of personal data pursuant to Article 17(1)(a), and (c) to (f) of the GDPR. The customer further has the right to object to personal data processing pursuant to Article 21 of the GDPR, and the right to the transferability of data pursuant to Article 20 of the GDPR. The above rights may be exercised and any queries regarding the protection of personal data may be addressed to concierge@festka.com. If the customer believes that their right to the protection of personal data has been breached, they shall be entitled to lodge a complaint with the Office for Personal Data Protection.

13. Sending of Commercial Information and Saving of Cookies

13.1. The customer agrees to the sending of commercial communications, information related to goods, services or activities of Festka to the e-mail address specified by the customer.

13.2. The customer gives their consent to the storing of cookies on their computer. In the event that a purchase via the website can be carried out and Festka’s commitments arising from the contract can be fulfilled without storing cookies on the customer’s computer, the customer may withdraw their consent given in the preceding sentence.

14. Delivery of Notices

14.1. Notices relating to the Parties, in particular regarding contract withdrawal, must be delivered by registered mail or by e-mail. Notices by registered mail shall be delivered to the appropriate contact address of the other party and shall be considered received and effective the moment they are delivered by the postal service, with the exception of contract withdrawal notices by the customer, in which case the notice shall be effective if it is sent by the customer by the deadline for sending notice.

14.2.Notices which are refused by the addressee, which were not picked up within the collection period, or which were returned undelivered shall also be considered delivered.

14.3.Contracting parties may send ordinary correspondence by e-mail to the e-mail address specified in the customer’s user account or specified by the customer in an order, or to the address provided on Festka’s website.

15. Final Provisions

15.1. If the relationship of the contracting parties contains an international (foreign) element, the parties agree that their legal relations shall be governed by the law of the Czech Republic. This provision shall not affect the consumer’s rights arising out of generally binding legal regulations.

15.2. All purchase contract documentation including the Terms and Conditions shall be archived in electronic form by Festka and shall not be accessible retroactively.

15.3. A contract withdrawal form forms an annex to these Terms and Conditions.

15.4. Seller’s contact details: correspondence address: Festka, s.r.o, Jana Masaryka 281/28, Vinohrady, 120 00 Prague 2, e-mail address concierge@festka.com.

In Prague on 1 January 2021

PERSONAL DATA PROTECTION

VERSION 1 - 05/2018

KEEPING YOUR PERSONAL DATA SAFE AND HANDLING THEM SECURELY
At Festka we respect your privacy. We use the personal information that you optionally provided us with through the form on our website www.festka.com to:

• handle orders
• send targeted offers
• deal with sales returns and claims
• answer questions and requests at our email address concierge@festka.com
• online marketing offers and special events
• send out newsletter as per registration request

Registered prospect and/or customer gives Festka company their permission to use and process their collected personal data and to receive the company commercial annoucements until further notice in compliance with the European Union data protection law (EU) 2016/679 regarding the General Data Protection Regulation.

FESTKA COLLECTS, USES AND PROCESSES PERSONAL DATA IN THIS EXTENT
We process the following necessary data in order to provide you with quality service and products to you liking:

• name
• surname
• email address
• telephone
• billing address
• shipping address
• purchase history
• festka.com website visits tracking
• e-mail campaigns activity history

HOW LONG WE KEEP YOUR PERSONAL INFORMATION FOR?
Your personal data will be used and processed for an unlimited time in computerised version and non-automated printed version.

WHO AND HOW PROCESSES YOUR PERSONAL DATA?
Festka shares your personal data only in order to improve products and services.

We process personal data evidence using systems that serve accounting and marekting purposes. Those systems are secure and only accessed by liable personnel contracted by Festka company. Third party personnel is trained and follows internal Festka company guidelines. Personnel in question concerns marketing, sales, accounting departments and delivery service providers.

YOUR RIGHTS
You have full control over your personal data that we keep on our records. You can limit the information we collect about you and/or how we use it. You have the final say about whether and how we process your personal data. Should you choose to have your personal data deleted from our records, please contact us at Festka s.r.o., Černomořská 455/3, Prague 10, 101 00 or email us at concierge@festka.com.

UPDATES
Festka company is allowed to update the above stated information regarding „Personal Data Protection“ and will always inform you of such an update and/or any change that would concern your personal data handling.

DELIVERY

Commonly Festka frames/bicycles are sent by courier, although customers can take delivery in person at Festka Factory, Jana Masaryka 28, Praha 2. Framesets come with fitted headsets and uncut forks. Fully built bicycles are delivered with the rear derailleur, front brake and chain not mounted. These components will have been mounted, adjusted, tested and subsequently taken off due to box size restrictions. Wheelsets are sent in a separate box, too, because it is safer and more economical. We use renowned courier services such as FedEx, TNT and DHL. The shipping charge will vary depending on the destination. Goods delivered to non-EU countries are supplied with no VAT. Please note that you may be required to pay customs fees and taxes levied by the country of destination. Within the EU, the Czech Republic VAT of 21% is added to the list price.

RETURNS AND EXCHANGES

Returns are governed by our Terms and Conditions

How to send a frame set back to Festka if:

you have a warranty claim
you want Festka to repair it out-of-warranty

Following the below procedure will speed up the processing of your request

Please address your communication to concierge@festka.com

Write the following information in the e-mail subject:

warranty or out-of-warranty repair
your frameset's production number (you will find it on your invoice)
invoice number

Provide the following information in your message:

describe the nature of the damage/problem and the part it affects
describe briefly how the damage/problem occurred
attach photos of the affected part of the frame
attach a copy of your invoice

We will initially confirm that your request has been received. If we feel we need more information, we will ask you to provide it. If we decide that the frame needs to be sent back, we will ask you to send it to us completely stripped at Festka s.r.o., Jana Masaryka 28, Praha 2, 12000, Czech Republic. If you send the frameset with components, we reserve the right to chargé you for the stripping.

As soon as we receive the frameset we will send it off for expert analysis. This is necessary to determine whether the damage was caused by a manufacturing fault and to select the method of repair. On average it takes a week to carry out the analysis and prepare the report.

Warranty repair

If we accept your warranty claim we will either repair the damaged part of the frameset or offer you financial compensation. The period we reserve for this is 30 days from the day when we receive the analysis report. The time needed to carry out the analysis and the time needed to ship the frameset back is excluded from this period. If the repair requires repainting of the frameset this period may need to be extended.

Out-of-warranty repair

If we do not accept your warranty claim or if the damage occurs after the warranty period of 2 years we will – based on the results of the analysis – quote you a price for the repair and the time needed to carry it out. We will ask you to accept the quote in writing before commencing the repair.

Important shipping instructions

We need to receive the frameset completely stripped. In special cases, we may ask you to send some other parts, too. For instance when components by other manufacturers had been painted as part of the design scheme and need to be repainted together with the frameset.

The shipping of the frameset to us is your call. If we accept your warranty claim, we will compensate you for the cost incurred.

It is extremely important that you pack the frameset well to avoid (further) damage in transit.

We recommend that you insure the shipment against lost and/or damage in transit.

When shipping framesets back to us from countries outside the European Union, it must be sent under the so-called processing customs procedure. This allows both us and you – upon the return of the frameset to you – to receive the shipment duty-free. Failing this we reserve the right to charge you for the cost incurred by us.

We are happy to help you with the shipping of the frameset to us. If we agree on the price of shipping we will ask you to pack the frameset and hand it over to the shipper. Depending on whether the case is processed as a warranty or an out-of-warranty repair, the cost of shipping will be waived or charged accordingly.