Carpe Iter Terms and Conditions

(the „Terms“)

These Terms apply to sales of all products via e-shop located on the website carpe-iter.com

Privacy Policy located at https://carpe-iter.com/privacy-policy/ is an intergral part of these Terms.

1. SELLER (US, WE)

1.1. ULW Czech s.r.o., registered address V ráji 34, 198 00 Prague 9, Czech Republic, kept in the Commercial Register by the Municipal Court in Prague under File No. C 135745, Business Id. No. 28256212, VAT (Tax/EORI) No. CZ28256212.
1.2. Contact e-mail address regarding sales and warranties: orders@carpe-iter.com

2. BUYER

2.1. Buyer is You.
2.2. Depending on your choices during check-out and/or registration of your account on our website (the “Account”), you can be:
a. Consumer within European Union (“EU”);
b. Business – VAT payer seated within EU;
c. Business – non-VAT payer seated within EU;
d. Consumer residing outside EU;
e. Business seated outside EU.
2.3. For Consumers, the location decisive for their home country (EU or non-EU) shall be the place of the shipping address provided during check-out.
2.4. For Businesses, the location decisive for their home country (EU or non-EU) shall be the place of their seat provided during check-out.
2.5. If you are a consumer, you are required to provide correct and accurate data regarding your contact e-mail and shipping address during check-out and registration of Your Account.
2.6. If you are a business, you are required to provide correct and accurate data regarding your contact e-mail, place of seat. If You are a business – VAT payer – located within EU and you wish to purchase for prices exclusive of VAT, you are further required to provide your VAT (Tax) No. during check-out.
2.7. Your e-mail address shall be used to deliver documentation associated with your purchases, including license keys for software included in your purchase. Your e-mail may be used subsequently to provide additional information and support regarding the goods sold on our website or other items and services connecting to such goods.

3. PURCHASE

3.1. A purchase agreement is made upon successful check-out of your order. A confirmation of the details of your order shall be sent to the e-mail address provided by you during check-out, once the check-out is successfully completed. Such confirmation constitutes a proof of the conditions of the executed purchase agreement (the “Purchase”).
3.2. In association with a Purchase, you are obliged to pay the purchase price and the cost of shipping, if any, (collectively the “Price”) and ensure takeover of items subject to the Purchase (the “Items”) at the delivery address provided by you during check-out.
3.3. Unless your Purchase is exempt from VAT, the Price shall always include value added tax. Unless explicitly stated otherwise, all prices shown in our e-shop are exclusive of VAT.
3.4. We are under no obligation to dispatch the Items, until the Price will have been paid in full. A Price is deemed paid, when credited to our bank account or PayPal account.
3.5. If the Price is not paid within two weeks following successful check-out, we may choose to terminate the Purchase unilaterally.
3.6. Our obligation to fulfill a Purchase shall be deemed satisfied, when the Items are dispatched to the delivery address provided by You during check-out.
3.7. Unless indicated otherwise by us during check-out, the cost of delivery of Items subject to the Purchase are borne by you.
3.8. If an Item subject to the Purchase is not in stock, it will be dispatched within no more than 6 weeks following the payment of the Price in full. Unless an option to ship Items in stock separately from non-stocked items is indicated by us during checkout and selected by you, all Items subject to one Purchase shall be dispatched together. In case such dispatch does not take place within 6 weeks following the payment of the Price, either of us (you or us) may choose to withdraw from the Purchase.

4. VAT, CUSTOMS AND OTHER IMPORT DUTIES

4.1. We are VAT payers, therefore all Purchases are on principle subject to VAT, unless special conditions for exempting it from VAT apply.
4.2. All Purchases to consumers residing in the EU are subject to VAT in their home country.
4.3. Purchases to EU based businesses are subject to VAT, unless such business is a registered VAT payer in the EU, provides correct VAT number during check-out and such number successfully clears in Vies during check-out.
4.4. All Purchases to consumers and business located outside EU are always exempt from VAT, unless legal regulations valid in the destination country oblige us to collect VAT (in such case VAT will be added to your order even if the shipping country is outside EU).
4.5. If you chose your shipping address outside EU, you shall be solely responsible for importing the Items into your country and shall be responsible for any and all taxes and other duties associated with such import.

5. WARRANTY

5.1. Defect warranty in the statutory scope is provided to consumers residing in the EU, i.e. 2 year warranty for defects, which exist upon delivery of an Item to the shipping address provided by you during check-out and which shall manifest within that period of time. This warranty does not apply to software and batteries (see below).
5.2. Limited warranty is provided to businesses (whether located outside or within EU) and consumers residing outside EU for defects existing upon completion of the Purchase that shall manifest within 12 months following the dispatch of the Items to the shipping address provided during check-out.
5.3. Limited 6 months warranty is provided for batteries included in an Item or, as the case may be, sold separately.
5.4. Our warranty only covers defects that preclude the use of an Item for its purpose. In view of the intended purpose of use of the Items, our warranty does not cover, in particular, defects of cosmetic nature, such as discoloration, paint fading, rusting not hindering the use, etc.
5.5. Our warranty is subject to adhering to manuals and use instructions published on our website for individual Items. Our warranty does not cover defects occurring due to mis-use of Items and lack of their maintenance.
5.6. No warranty is provided for software.
5.7. No warranty is provided for defects occurring as a result of outside forces (abrasion, shock, water, pressure, vibration, UV light, etc.).
5.8. Plastic and rubber parts of Items are considered expendable material.
5.9. Item, in respect of which our defect warranty is claimed, including a detailed written description of the defect, must be delivered for inspection to the address of our seat or other address published for that purpose on our website.
5.10. In case of defects covered by our warranty, you shall be entitled to and in that order:
a. repair, if repair is economical;
b. adequate purchase Price reduction;
c. replacement of the defective Item.
5.11. We may always choose to replace a defective Item instead of carrying out a repair or providing a Price reduction.
5.12. Your warranty claim shall be reviewed and responded to within 30 days following the delivery of the defective Items to the returns address.

6. SAFETY

6.1. Unless explicitly stated for a specific Item otherwise, no testing or homologation procedures were taken to ensure compliance with regulations associated with using the Items in regular traffic – on the streets. Use at your own risk.
6.2. Make sure that Items with sharp edges are positioned so that the sharp edge does not face the rider. Always dismount Items, which you are not currently using – especially empty holders and brackets (which may form a sharp edge, when empty).
6.3. Even if the Items are mounted to your vehicle properly, You might suffer an injury to your body (bruises, tearing, fractures, etc.) or damage to your gear (tearing, breakage, etc.) especially in case of an accident (e.g. dismounting your vehicle in other than standard way).

7. USE INSTRUCTIONS

7.1. Manuals and use instructions are only provided in electronic form and can be viewed and/or downloaded on our website. Manuals and instructions for use shall not be provided in printed form.
7.2. Our manuals and instructions for use assume casual experience with smart devices (such as smartphones) and basic manual dexterity. I case of doubt, installation of Items on a vehicle must be performed by a specialized motorcycle workshop.
7.3. Manuals and instructions for use, as well as technical support are only provided in contract language.

8. CONSUMER RIGHTS

8.1. Consumers based within the EU are entitled to 14 days cool-off period, within which they can withdraw from the Purchase using the form attached thereto as Schedule A. This period starts to run following the delivery of Items to the address provided by you during check-out. The withdrawal notice complying with the properly filled in form shown in Schedule A must be delivered during the said period to the e-mail address provided for that purpose herein or published on our website. The withdrawal right may be exercised, if the Items subject to the terminated Purchase are unused and undamaged. Items subject to the terminated Purchase must be delivered without undue delay following the withdrawal to the address of your seat or other address announce for that purpose on our website (the “returns address”). Cost associated with the delivery to the returns address is borne by the consumer. A flat fee of USD 30 may be applied for checking the condition and completeness of the returned Items.
8.3 If license keys or unlock codes for software were part of the terminated Purchase, the withdrawal shall not be effective in respect of software sale. In such case a nominal price for the software shall be deducted from Price refund (regardless of possible software price reductions associated with bundled purchase).
8.4 The remaining portions of the Price paid for Items subject to the terminated Purchase shall be refunded to the consumer within 30 days following the delivery of the Items to the returns address:
a. in full, in case the Items are returned unused and in original packaging;
b. reduced adequately to the condition of the returned Item.
8.5. Price is refunded through same payment method that you used to remit it originally. Shipping cost is only refunded up to the amount equal to the cost of the cheapest available shipping method. If you are an EU resident and your rightful warranty claim is not satisfied in due course (30 days following delivery of the defective Item to the returns address), you may choose to withdraw from the Purchase.
8.6 This section 8 shall apply to consumers outside EU similarly.

9. COMMUNICATION

9.1. The select contract and communication language shall be exclusively English.
9.2. The select communication form shall be electronic mail. Date of issue: 25.4.2023

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Schedule A

Withdrawal notice form

Fill in all blank spaces (sharp brackets) before sending

To: ULW Czech, s.r.o.
orders@carpe-iter.com

From: [full name, resident at: [], e-mail: []]
Re: Withdrawal from purchase within 14 days statutory cool-off period, Order NO. []

I herewith withdraw from the purchase of items bought in accordance with the order number specified above.

In [place], on [date]
Name / Signature