Online store www.racingbikes.sk
I. Identification of the trader
1.1. This Complaints Policy (hereinafter also “CP”) governs the legal relations between the company
Business name: RacingBikes s. r. o.
Registered office: Vyšehradská 29, Bratislava 851 06, Slovak Republic
Registered in the Commercial Register of the Municipal Court Bratislava III, Section Sro, File No. 75000/B
Company ID (IČO): 46216561
Tax ID (DIČ): 2023333312
VAT ID (IČ DPH): SK2023333312
Bank account: SK9811000000002929862012
The Seller is a VAT payer
(hereinafter also “Seller” or “Trader”) and any person who is a Buyer of the products offered by the Seller on the Seller’s website and who acts as a consumer within the meaning of the further provisions of the General Terms and Conditions published on the Seller’s website and the relevant laws defining a consumer under the legislation of the Slovak Republic in force, in particular: Act No. 108/2024 Coll. on Consumer Protection and on amendments and supplements to certain acts, as amended, Act No. 40/1964 Coll., the Civil Code, as amended, with the exception set out in clause 4.4 of this Complaints Policy, which governs the legal relationship between the Trader and a Buyer who does not act in the position of a consumer.
1.2. The Seller’s e-mail and telephone contacts are:
Email: shop@racingbikes.sk
Tel.: 0903202030
1.3. The address for sending complaints and withdrawals from contracts is:
RacingBikes s.r.o., Fialová 2C, 851 07 Bratislava, Slovakia
II. Basic provisions
2.1. This Complaints Policy governs the legal relations between Buyers who are consumers and the Trader.
III. Exercising rights arising from liability for defects
3.1. The Buyer may exercise rights arising from liability for defects only if the Buyer notifies the Seller of the defect without undue delay and no later than within 24 months of taking delivery of the item. If the defect is not notified within this period, the rights arising from liability for defects shall expire.
IV. Liability for defects
4.1. The Seller is liable for any defect that the sold item has at the time of its delivery and that becomes apparent within two years from the delivery of the item.
4.2. If the subject of the purchase is an item with digital elements where the digital content is to be supplied or the digital service is to be provided continuously for an agreed period, the Seller is liable for any defect of the digital content or digital service that occurs or becomes apparent throughout the entire agreed period, but no less than two years from the delivery of the item with digital elements.
4.3. For a used item, the parties may agree on a shorter period of the Seller’s liability for defects than in clauses 4.1 and 4.2, but not shorter than one year from the delivery of the item.
4.4. The warranty period for products where the Buyer does not act in the position of a consumer is 12 months, provided that a different warranty period has not been agreed in another manner.
V. Rights arising from liability for defects
5.1. If the Seller is liable for a defect of the sold item, the Buyer has the right vis-à-vis the Seller to have the defect remedied by repair or by replacement, the right to a reasonable discount from the purchase price, or the right to withdraw from the purchase contract.
5.2. The Buyer may refuse to pay the purchase price or a part of it until the Seller has fulfilled the obligations arising from liability for defects, unless the Buyer is in delay with the payment of the purchase price or a part of it at the time the defect is notified. The Buyer shall pay the purchase price without undue delay after the Seller has fulfilled its obligations.
5.3. The Buyer may exercise rights arising from liability for defects, including the right under clause 5.2, only if the Buyer notifies the defect within two months from its discovery, and at the latest by the expiry of the period under clauses 4.1 to 4.3 of this Complaints Policy.
5.4. Exercising the rights arising from liability for defects does not exclude the Buyer’s right to compensation for damage incurred as a result of the defect.
VI. Notification of a defect
6.1. A defect may be notified at any of the Seller’s places of business, with another person of whom the Seller informed the Buyer before the conclusion of the contract or before sending the order, or by means of distance communication at the address of the Seller’s registered office or place of business or at another address of which the Seller informed the Buyer upon conclusion of the contract or after the conclusion of the contract.
6.2. If the Buyer notifies the defect by a postal item which the Seller refused to accept, the item shall be deemed delivered on the day of the refusal.
6.3. The Seller shall provide the Buyer with written confirmation of the notification of the defect without delay after the Buyer has notified it. In the confirmation of the notification of the defect, the Seller shall state the period within which the defect will be remedied in accordance with § 507 para. 1 of Act No. 40/1964 Coll., the Civil Code, as amended. The period notified pursuant to the preceding sentence may not be longer than 30 days from the day on which the defect was notified, unless a longer period is justified by an objective reason that the Seller cannot influence.
6.4. If the Seller refuses liability for defects, it shall communicate the grounds for refusal to the Buyer in writing. If the Buyer demonstrates the Seller’s liability for the defect by an expert opinion or a professional assessment issued by an accredited, authorised or notified body, the Buyer may notify the defect again and the Seller may not refuse liability for the defect; § 621 para. 3 of Act No. 40/1964 Coll., the Civil Code, as amended, shall not apply to such repeated notification of the defect. The consumer’s costs associated with the expert opinion and professional assessment are governed by § 509 para. 2 of Act No. 40/1964 Coll., the Civil Code, as amended.
6.5. If, before the conclusion of the contract or, where the contract is concluded on the basis of the Buyer’s order, before the order is sent, the Seller informed the Buyer that defects may also be notified to another person, the acts or omissions of that person shall be deemed to be the acts or omissions of the Seller for the purposes of liability for defects.
VII. Remedying the defect
7.1. The Buyer has the right to choose to have the defect remedied by replacement of the item or by repair of the item. The Buyer may not choose a method of remedy that is impossible or that, compared with the other method of remedy, would cause the Seller disproportionate costs having regard to all the circumstances, in particular the value the item would have if it were free of defects, the seriousness of the defect, and whether the other method of remedy would cause the Buyer significant inconvenience.
7.2. The Seller may refuse to remedy the defect if neither repair nor replacement is possible, or if these would require disproportionate costs having regard to all the circumstances, including those referred to in the second sentence of clause 7.1.
7.3. The Seller shall repair or replace the item within a reasonable period after the Buyer has notified the defect, free of charge, at its own expense and without causing significant inconvenience to the Buyer, taking into account the nature of the item and the purpose for which the Buyer required it.
7.4. For the purposes of the repair or replacement, the Buyer shall hand over or make the item available to the Seller or to a person referred to in § 622 para. 5 of Act No. 40/1964 Coll., the Civil Code, as amended. The Seller shall bear the costs of taking back the item.
7.5. The Seller shall deliver the repaired item or the replacement item to the Buyer at its own expense in the same or a similar manner as the Buyer delivered the defective item, unless the parties agree otherwise. If the Buyer does not take delivery of the item within six months from the day on which it should have been taken, the Seller may sell the item. If it is an item of higher value, the Seller shall give the Buyer prior notice of the intended sale and provide a reasonable additional period for taking delivery. The Seller shall, without delay after the sale, pay the Buyer the proceeds of the sale of the item after deducting the costs reasonably incurred for its storage and sale, provided the Buyer asserts the right to a share of the proceeds within a reasonable period stated by the Seller in the notice of the intended sale. The Seller may destroy the item at its own expense if it could not be sold or if the anticipated proceeds of the sale would not even cover the costs that the Seller reasonably incurred for its storage and the costs that the Seller would necessarily have had to incur in selling it.
7.6. When remedying the defect, the Seller shall arrange for the removal of the item and the installation of the repaired or replacement item if the replacement or repair requires the removal of the defective item that had been installed in accordance with its nature and purpose before the defect became apparent. The Seller and the Buyer may agree that the removal of the item and the installation of the repaired or replacement item will be arranged by the Buyer at the expense and risk of the Seller.
7.7. Where the defect is remedied by replacement of the item, the Seller is not entitled to compensation for damage caused by ordinary wear and tear of the item, nor to remuneration for ordinary use of the item before its replacement.
7.8. The Seller is liable for defects of the replacement item pursuant to § 619 of Act No. 40/1964 Coll., the Civil Code, as amended.
7.9. The Buyer has the right to a reasonable discount from the purchase price or may withdraw from the purchase contract even without providing an additional reasonable period under § 517 para. 1 of Act No. 40/1964 Coll., the Civil Code, as amended, if:
a) the Seller has neither repaired nor replaced the item,
b) the Seller has not repaired or replaced the item in accordance with § 623 paras. 4 and 6 of Act No. 40/1964 Coll., the Civil Code, as amended,
c) the Seller has refused to remedy the defect under § 623 para. 2 of Act No. 40/1964 Coll., the Civil Code, as amended,
d) the item has the same defect despite repair or replacement,
e) the defect is of such a serious nature that it justifies an immediate discount from the purchase price or withdrawal from the purchase contract, or
f) the Seller has declared, or it is apparent from the circumstances, that it will not remedy the defect within a reasonable period or without causing the Buyer significant inconvenience.
7.10. The discount from the purchase price must be proportionate to the difference between the value of the sold item and the value the item would have if it were free of defects.
7.11. The Buyer may not withdraw from the purchase contract under clause 7.9 if the Buyer contributed to the occurrence of the defect or if the defect is negligible. The burden of proof that the Buyer contributed to the occurrence of the defect and that the defect is negligible lies with the Seller.
7.12. If the contract concerns the purchase of several items, the Buyer may withdraw from it only in relation to the defective item. In relation to the remaining items, the Buyer may withdraw from the contract only if it cannot reasonably be expected that the Buyer would have an interest in keeping the remaining items without the defective item.
7.13. After withdrawal from the contract or a part of it, the Buyer shall return the item to the Seller at the Seller’s expense. The Seller shall arrange for the removal of the item that had been installed in accordance with its nature and purpose before the defect became apparent. If the Seller does not arrange for the removal within a reasonable period, the Buyer may arrange for the removal and delivery of the item to the Seller at the Seller’s expense and risk.
7.14. After withdrawal from the contract, the Seller shall return the purchase price to the Buyer no later than 14 days from the day on which the item was returned to the Seller, or from the day on which the Buyer demonstrated that the item had been sent to the Seller, whichever occurs earlier.
7.15. The Seller shall return the purchase price to the Buyer, or pay the Buyer the discount from the purchase price, using the same means as the Buyer used to pay the purchase price, unless the Buyer expressly agrees to a different means of payment. The Seller shall bear all costs associated with the payment.
7.16. The Seller is not entitled to compensation for damage caused by ordinary wear and tear of the item, nor to remuneration for ordinary use of the item before withdrawal from the purchase contract.
VIII. Liability for defects of digital performance
8.1. The Trader is liable for any defect that the digital performance has at the time of its delivery and that becomes apparent within two years from its delivery, where the digital performance is supplied as a single act or as a set of individual acts.
8.2. The Trader shall remedy the defect of the digital performance within a reasonable period after the consumer has notified the defect, free of charge and without causing significant inconvenience to the consumer, taking into account the nature of the digital performance and the purpose for which the consumer required it.
8.3. The Trader may refuse to remedy the defect if the remedy is impossible or if it would cause disproportionate costs having regard to all the circumstances, in particular the value that the digital performance would have if it were free of defects and the seriousness of the defect.
IX. Liability for defects of a service
9.1. The Seller is liable for any defect of a service that the service has at the time of its provision and that becomes apparent within two years from the provision of the service.
9.2. The provisions of Article VI of this Complaints Policy shall apply mutatis mutandis to the exercise of rights arising from liability for defects of a service.
X. Final provisions
10.1. This Complaints Policy forms an integral part of the General Terms and Conditions and the Personal Data Protection Principles and Notices of this Website. The documents – the General Terms and Conditions and the Personal Data Protection Principles and Notices of this Website – are published on the domain of the Seller’s Website.
10.2. This Complaints Policy is valid and effective from the moment of its publication on the Seller’s Website on 09.09.2025
