Terms and Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Withdrawal period: the time frame during which the consumer can exercise their right of withdrawal.
Consumer: the natural person who is not acting for purposes related to their professional or business activity and enters into a distance contract with the trader.
Day: calendar day.
Continuous transaction: a distance contract relating to a series of products and/or services, where delivery and/or purchase obligation is spread over time.
Durable data carrier: any means—including email—that allows the consumer or trader to store information addressed personally to them, so that it can be consulted or used in the future for an appropriate period and reproduced without changes.
Right of withdrawal: the consumer’s ability to terminate the distance contract within the withdrawal period.
Trader: the natural or legal person offering products and/or services at a distance to consumers.
Distance contract: a contract between the trader and the consumer concluded within a system organized for the sale of products, digital content, and/or services at a distance, using one or more means of distance communication until the contract is concluded.
Means of distance communication: any means that allows a contract to be concluded without the consumer and trader being simultaneously present in the same location.
Terms and Conditions: these Terms and Conditions of the trader.

Article 2 – Trader Identity

Company name: Peak Cycling
Email: info@peak-cyclinggear.com
Business registration number: available upon request

Article 3 – Applicability

These conditions apply to any offer of the trader and any distance contract between the trader and the consumer.

Before concluding the contract, the text of these terms will be made available to the consumer. If this is not reasonably possible, the trader will indicate how the terms can be consulted and will provide them free of charge upon request.

For electronic contracts, terms may be available electronically so they can be stored on a durable medium. If not possible, the location for electronic consultation will be indicated and the terms provided free of charge upon request.

If specific conditions apply to a product or service in addition to these terms, the same rules apply, and in case of conflict, the consumer may rely on the most favorable provision.

If a provision is wholly or partially invalid, the remainder of the contract remains in effect, and the invalid provision will be replaced by one closely approximating the original intent, by mutual agreement.

Situations not covered by these terms will be evaluated “in the spirit” of these terms.

Questions about interpretation or content will be resolved “in the spirit” of these terms.

Article 4 – The Offer

If an offer has a limited duration or is subject to conditions, this will be clearly indicated.

The offer is non-binding. The trader reserves the right to modify it.

The offer contains a complete and accurate description of the products and/or services. Images provide a faithful representation; errors in images are non-binding.

Images are illustrative; colors may slightly differ from the actual product.

Each offer includes clear information about consumer rights and obligations, including:

Price (excluding import taxes or duties; these are the customer’s responsibility).
Shipping costs.
How the contract is concluded and required actions.
Possible right of withdrawal.
Payment, delivery, and execution times.
Duration of the offer or price guarantee.
Distance communication costs, if applicable.
Contract archive and how to consult it.
Ability to review and correct data before finalizing the contract.
Available languages for the contract.
Codes of conduct of the trader and how to consult them.
Minimum duration in continuous transactions.
Optional: available sizes, colors, and materials.

Article 5 – The Contract

The contract is concluded when the consumer accepts the offer and fulfills the corresponding conditions.

For electronic acceptance, the trader confirms receipt electronically. Until this confirmation, the consumer may cancel the contract.

The trader takes technical and organizational measures to protect data transfer and ensure a secure web environment.

The trader may, within legal limits, verify the consumer’s payment capability and other relevant factors before concluding the contract. For justified reasons, the trader may refuse an order or impose special conditions.

The trader provides the consumer with information about:

Physical address for complaints.
Conditions and procedure for exercising the right of withdrawal.
Warranties and after-sales service.
Information about the offer as described in Article 4.
Termination conditions for contracts longer than one year or indefinite.
In continuous transactions, this information applies only to the first delivery.

All contracts are subject to sufficient product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer may terminate the contract without reason within 14 days. This period begins the day after the consumer, or a designated representative notified to the trader, receives the product.

During this period, the consumer must handle the product and packaging carefully. The product may only be opened or used to the extent necessary to determine whether to keep it. When exercising the right of withdrawal, the product must be returned with all delivered accessories, as far as possible in its original condition and packaging, following the trader’s clear instructions.

To exercise the right of withdrawal, the consumer must notify the trader in writing or by email within 14 days of receipt. After notification, the product must be returned within 14 days. The consumer must prove timely return, e.g., with a shipping receipt.

Failure to notify within the timeframe or return the product renders the purchase final.

Article 7 – Return Costs

Return shipping costs are borne by the consumer.

If the consumer has already paid, the trader will refund as soon as possible, within 14 days after withdrawal, only after receiving the product or proof of return.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded for certain products and services, provided this is clearly indicated in the offer before concluding the contract.

Exclusion applies to products that:

Are made to consumer specifications.
Are clearly personal in nature.
Cannot be returned due to their nature.
Deteriorate or expire rapidly.
Price depends on financial fluctuations beyond the trader’s control.
Loose newspapers or magazines.
Sound, video, or software recordings whose seal has been broken.
Hygiene products (e.g., underwear or bras) whose seal has been broken.

It also applies to services:

Accommodation, transport, catering, or recreational activities occurring on a specific date or period.
Services whose execution has begun with the consumer’s explicit consent before the end of the withdrawal period.
Gambling and lotteries.

Article 9 – Price

During the offer, prices of products and services will not increase, except for VAT changes.

The trader may offer products or services whose prices depend on financial fluctuations beyond their control. In such cases, prices are indicative and indicated in the offer.

Price increases within 3 months after the contract are allowed only if required by law.

Increases after 3 months are permitted if:

They arise from legal requirements; or
The consumer has the right to cancel the contract from the date of increase.

Delivery is carried out according to applicable law, in this case outside the EU, and import duties or customs are the recipient’s responsibility, charged by the postal or courier service.

All prices are subject to typographical or printing errors. No liability is accepted for consequences of such errors.

Article 10 – Conformity and Warranty

The trader guarantees that products and services comply with the contract, offer description, reasonable reliability and usability requirements, and applicable law at the time of the contract. If agreed, it also guarantees suitability for use other than normal.

Any warranty offered by the trader, manufacturer, or importer does not affect the consumer’s legal rights against the trader under the contract.

Defects or incorrect products must be notified in writing within 14 days of delivery. Returns must be in original packaging and in new condition.

The trader’s warranty period matches the manufacturer’s. The trader is not responsible for the consumer’s final use or advice on use or application.

Warranty is void if:

The consumer has products repaired by third parties.
Products are exposed to abnormal circumstances, handled carelessly, or used contrary to instructions.
The defect results from legal regulations regarding material nature or quality.

Article 11 – Delivery and Execution

The trader commits to receiving and executing orders with maximum care.

As per Article 4, the trader executes accepted orders with the utmost care, but no later than 30 days, unless the consumer has agreed to a longer period.

If delivery is delayed or an order cannot be fulfilled wholly or partially, the consumer will be notified within 30 days. In that case, the consumer has the right to cancel the contract without cost and receive compensation for damages.

In case of cancellation, the trader refunds payments as soon as possible, within 14 days.

If delivery of a product is impossible, the trader will attempt to deliver a replacement product, clearly indicated as such. The right of withdrawal still applies to replacement products, and the trader covers return costs.

Risk of damage or loss lies with the trader until delivery to the consumer or designated representative, unless otherwise agreed.

Article 12 – Temporary and Continuous Contracts: Duration, Termination, and Renewal

Termination:
The consumer may terminate a contract for regular supply of products or services indefinitely at any time, following agreed termination rules with maximum one-month notice.

A fixed-term contract can end at the end of the agreed period, following the same rules and notice.

The consumer may:

Cancel the contracts at any time, without being tied to a specific period.
Cancel in the same manner the contract was concluded.
Always respect the notice period set by the trader.

Renewal:
A fixed-term contract does not automatically renew for a fixed period, except for cases like newspaper or magazine subscriptions.

A fixed-term contract may automatically renew indefinitely only if the consumer can cancel anytime with maximum one-month notice (three months in special cases).

Trial or introductory contracts less than one year do not renew automatically and end at the trial period.

Duration:
If a contract lasts more than one year, the consumer may terminate it after one year with maximum one-month notice, unless fairness prevents early termination.

Article 13 – Payment

Unless otherwise agreed, payment must be made within 7 days from the start of the withdrawal period in Article 6. For services, this begins after contract confirmation.

The consumer must immediately notify the trader of any payment data errors.

In case of non-payment, the trader may, within legal limits, charge reasonable costs previously communicated to the consumer.

Article 14 – Complaint Procedure

Complaints about contract execution must be submitted within 7 days of discovering the defect, clearly describing the issue.

The trader will respond within 14 days. If more time is needed, an acknowledgment will indicate when a detailed response will be given.

If unresolved amicably, a dispute resolution process may follow.

A complaint does not suspend trader obligations unless indicated in writing.

If the complaint is justified, the trader will replace or repair delivered products free of charge at their discretion.

Article 15 – Disputes

Contracts between the trader and the consumer under these terms are exclusively governed by UK law, even if the consumer resides outside the UK.