Terms and conditions and purchasing rules of the online store Svět elektrokol.cz

Information on the processing of personal data, access to personal data - Chapter 9, below

1. Introductory provisions

1.1. These general terms and conditions (hereinafter referred to as the "GTC") of the company Cellutron sro, Foerstrova 2418/10, Brno 616 00 with premises at Palackého třída 164, Brno 61200 (hereinafter referred to as the "Seller") regulate, in accordance with the provisions of Section 1751, paragraph 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 arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "Buyer") through the seller's online store. The online store is operated by the seller on a website located at the Internet address www.svet-elektrokol.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "web interface of the store").

1.2. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal entity or a person who, when ordering goods, acts within the scope of their business activities or within the scope of their independent profession.

1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The Seller may amend or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

2. Conclusion of the purchase contract

2.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.

2.2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of the goods are listed including value added tax and all related fees. The prices of the goods remain valid for the period they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.

2.3. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

2.4. To order goods, the buyer fills out the order form in the store's web interface. The order form contains in particular information about:

2.4.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the store's web interface)

2.4.2. method of payment for the purchase price of the goods, information on the requested method of delivery of the ordered goods

2.4.3. information about the costs associated with the delivery of goods (hereinafter collectively referred to as the "order").

2.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "Order" button. The data specified in the order are considered correct by the seller. Immediately after receiving the order, the seller confirms this receipt to the buyer by e-mail to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address").

2.6. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).

2.7. The contractual relationship between the seller and the buyer arises upon delivery of the order receipt (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.

2.8. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with concluding the purchase contract (internet connection costs, telephone call costs) are borne by the Buyer himself, and these costs do not differ from the basic rate.

2.9. Confirmation of the content of a contract concluded in a form other than written form, which shows deviations from the actually agreed content of the contract, has no legal effect.

3. Nature of the goods and their use

3.1. The goods offered in the online store and brick-and-mortar store are in all cases intended for recreational and leisure use only. Their use is at the customer's own risk and the operator bears no responsibility for the consequences caused by incorrect, unqualified, irresponsible or ignorant use of the goods by the customer, and is also not liable for damage to the goods, property or personal injury to the customer or third parties caused by the customer's lack of familiarity with the conditions of use of the goods, restrictions, safety and health risks that the use of the goods may entail.

3.2. The operator recommends that the customer always adhere to safety principles when using the goods, use all available safety and protective equipment (such as helmets, joint and spine protectors, appropriate footwear, eye protection, gloves, etc.) and strictly comply with applicable legislation and traffic and traffic rules, do not overestimate their own skills, technical or physical abilities and do not expose themselves or others to an increased risk of injury or other damage to health or property.

3.3. When using goods by a minor, guidance and supervision by an adult is always recommended, who is also responsible for the risks associated with the leisure and sports activities of the supervised person.

3.4. The customer is responsible for informing himself and in his own interest about the conditions and method of use of the goods, correct adjustment, maintenance and operation, the date of completion of warranty repairs, etc.

3.5. All products (goods) sold through the operator are intended for recreational (hobby) use, which predetermines the character and reasonable frequency of their use - occasional use and limited time span (not daily professional use or large and frequent time span of use).

3.5. When operating on public roads, the customer is responsible for ensuring compliance of the product with applicable legislation. For bicycles and scooters, this includes ensuring compliance with Annex 13 of Decree 341 / 2002 Coll., such as the use of lights in reduced visibility, limiting engine power and max. speed to the prescribed level and other parameters required by applicable legislation. If an electric bicycle is equipped with an additional accelerator (independent of pedaling), it does not meet the conditions for operation on public roads and cycle paths (from the point of view of the legislation, it is not an electric bicycle). Electric bicycles equipped with a motorization higher than 250W are primarily intended for operation outside public roads and on unpaved roads. If the customer makes changes to the electrical and motor components on the bike, resets factory values, or installs additional controls (e.g., rotary accelerator, motor change, battery type change, use of a charger other than the one supplied) or other unauthorized interventions, the warranty will be void.

4. Price of goods and payment terms

4.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
Cash on delivery - payment upon delivery of goods by a logistics company, with a surcharge of 50 CZK
Cash – payment upon receipt of goods at one of the supplier's locations
Advance payment – ​​payment by transfer to the supplier's account

4.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.

4.3. The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the purchase contract.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

4.6. The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's electronic address or printed together with the goods delivered to the buyer.

4.9. If the buyer fails to take over the goods within the agreed time due to breach of his obligation, he is obliged to pay the seller a storage fee of CZK 50 for each day of delay, up to a maximum of CZK 500.

4.10. The Seller is entitled to sell the goods in an appropriate manner after having demonstrably notified the Buyer by e-mail and provided him with a new reasonable deadline for acceptance. The Seller is entitled to offset the costs of storage and the costs of futile delivery of the goods due to the lack of cooperation on the part of the Buyer in the amount strictly necessary against the proceeds of sale.

5. Withdrawal from the purchase contract

5.1. The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the supply of goods that have been modified according to the wishes of the Buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in a closed package that the consumer has removed from the package and cannot be returned for hygiene reasons, and from a purchase contract for the supply of a sound or video recording or computer program if their original packaging has been damaged.

5.2. Unless it is a case specified in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence to the address of the seller's business or to the seller's e-mail address svetelektrokol@centrum.cz

5.3. In the event of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract shall be cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer shall bear the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature.

5.4. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the purchase contract, in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the Buyer's return of the goods or in another manner, if the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that he has sent the goods to the Entrepreneur.

5.5. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

5.6. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.

5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods.

5.8. If the buyer decides to withdraw from the contract, he shall do so in writing, stating the account number or address for the refund. The buyer undertakes to return the goods in the condition in which they were delivered, i.e. complete, with all documentation and accessories, undamaged, with proof of purchase and properly packed in the original packaging, as delivered.

6. Transportation and delivery of goods

6.1. In the event that the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

6.2. If the seller is obliged under the purchase contract to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

6.4. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

6.5. Additional rights and obligations of the parties during the transport of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

6.6. The buyer is obliged to inspect the delivered goods and inform the seller of any defects found without undue delay, but no later than the day after receipt of the goods.

7. Rights arising from defective performance

7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

7.2. The seller is responsible to the buyer that the goods are free from defects upon acceptance. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods, the goods have the properties agreed upon by the parties, and in the absence of such an agreement, they have the properties described by the seller or the manufacturer or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them. The goods are suitable for the purpose for which the seller states their use or for which goods of this type are usually used. The goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model, and the goods comply with the requirements of legal regulations

7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.

7.4. Wear and tear caused by normal use is considered to be, to a reasonable extent, wear and tear of products and their components, such as, in particular, elastic components for power transmission, tires, joints, belts, swivel joints, rubber parts, surfaces in contact with footwear, handles, friction elements (brake linings, clutches), mechanical connections, bowden cables, chain and gear sets, bearings, moving parts of engines and detachable joints. Furthermore, batteries and their service life (the warranty period is not equal to the service life), filters, spark plugs, high-voltage and low-current electronic components, controllers, surface materials and plastic components. Wheel spokes require regular adjustment, which is part of normal maintenance, especially when riding off-road.

7.5. Defects caused by unprofessional, incorrect or inappropriate use of the goods, mechanical damage due to excessive stress, or wear and tear due to excessive use, neglect of maintenance, unprofessional or incorrect adjustment or neglect of other generally known principles of use (need to lubricate the chain, tighten screw connections in an appropriate manner, choice of suitable adjustment tools), appropriate to the nature and purpose of the goods, are considered to be the result of other than normal use.

7.6. . Excessive wear and tear resulting from use other than recreational use in accordance with the purpose and instructions for use of the goods is considered to be a consequence of other than normal use. Also, improper use of the goods due to lack of qualification, ignorance, lack of information or insufficient physical fitness of the customer, unprofessional care, incorrect techniques and procedures, use in unsuitable weather conditions or on unsuitable surfaces or other negligence of the consumer leading to excessive wear and tear or irreversible changes to the goods. In the case of electric bicycles, destruction of the electrical installation as a result of flooding the electrical installation with water, e.g. when driving through water, storing in the rain, washing with a stream of water, neglecting to care for the battery cannot be considered as normal use. Also, overloading the engine due to excessive load, long-term use of the engine without pedaling and continuous riding on the engine.

7.8. Principles of fair use

The basic tasks of regular maintenance of bicycles, electric bicycles and similar products include:

Before each ride:

Checking the functionality and adjustment of the brakes, including the contact of the brake pads / blocks with the sidewalls of the rims - in case of adjustment deficiencies

Checking the ease of rotation of the wheels, handlebars, chain, pedals and cranks, folding mechanisms and pins - determining any play, tightening

Check and, if necessary, adjust the operation of speed changers (derailleurs), prevent the chain from "skipping"

Checking the tightness of the quick-release screws

Checking the battery status and correct operation of the electric drive

Every week or every 200km extra:

Lubrication of chain, bearings, pins

Lubrication and adjustment of the speed changer function, lubrication of the bowden ports

Checking and adjusting tire pressure

Checking the alignment of the wheel rims and adjusting if necessary

Check the tightness of all screw connections, correct position, adjustment and degree of wear of all components.

Regular maintenance, depending on the type of use, also includes immediate cleaning and drying of the wheel, cleaning the chain. Proper use of scooters includes maintaining the correct oil and gasoline ratio, recharging batteries, regularly lubricating the chain, bearings, wheels and gearbox bearings, and tightening all screw connections, especially the front fork, including the spring over-tension nut.

7.7. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective upon receipt.

7.8. The buyer shall exercise the rights arising from defective performance against the seller by sending the goods for complaint by post or other carrier (but not cash on delivery) to the address of the seller's premises, together with a cover letter describing the reasons for the complaint, enclosing the goods complained about in their original packaging and with a warranty certificate, or proof of delivery of the goods and proof of payment for the goods. The buyer shall also provide his postal address to which the seller should notify him of the outcome of the complaint. We recommend that the consumer also provide his email address or telephone number, as this will help speed up the handling of the complaint. The moment of filing a complaint is considered the moment when the seller receives the goods complained about from the buyer.

7.6. Other rights and obligations of the parties related to the seller's liability for defects may be further regulated by the seller's complaints procedure.

8. Other rights and obligations of the contracting parties

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.

8.3. The seller provides out-of-court settlement of consumer complaints via an electronic address prodejna@svetelektrokol.cz The seller will send information about the resolution of the buyer's complaint to the buyer's email address.

8.4. The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, carries out, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.5. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

9. Information on the processing of personal data, access to personal data 

 

Basic provisions

9.1. The controller of personal data pursuant to Article 4, point 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as: " GDPR ") is Cellutron sro, Company Registration Number: 037 95179 with its registered office in Brno, Foerstrova 2418/10 (hereinafter referred to as: " administrator ").

9.2. The contact details of the administrator are:

World of electric bikes, Palackého třída 164, Brno 61200 info@svetelektrokol.cz , phone: 733320758

Sources and categories of personal data processed

9.3. The administrator processes personal data that you have provided to him/her or personal data that the administrator has obtained based on the fulfillment of your order.

9.4. The Administrator processes your identification and contact data and data necessary for the performance of the contract.

Legal basis and purpose of processing personal data

The lawful reason for processing personal data is:

- performance of the contract between you and the controller pursuant to Article 6(1)(b) of the GDPR,

- the legitimate interest of the controller in providing direct marketing (sending commercial communications and newsletters) pursuant to Article 6(1)(f) of the GDPR,

- granting consent to the processing of personal data for specific processing purposes

The purpose of processing personal data is:

- processing your order and exercising the rights and obligations arising from the contractual relationship between you and the administrator; when placing an order, personal data is required that is necessary for the successful processing of the order (name and address, contact), providing personal data is a necessary requirement for concluding and fulfilling the contract, without providing personal data, it is not possible to conclude the contract or for the administrator to fulfill it,

- sending commercial communications and carrying out other marketing activities

Data retention period

The administrator stores personal data:

- for the period strictly necessary if the data is processed for the purpose of implementing the rights and obligations under the purchase contract concluded between the buyer and the seller, to settle any rights of the buyer from defective performance, to fulfill tax obligations, etc.

- until consent to the processing of personal data for marketing purposes is withdrawn

 

After the personal data retention period has expired, the administrator will delete the personal data.

  

Recipients of personal data (subcontractors of the controller)

Recipients of personal data are carriers, e-shop providers, who

- participate in the delivery of goods / services / execution of payments under the contract,

- provide e-shop operation services and other services related to the operation of the e-shop,

- provide marketing services,

- provide accounting and tax services

 

Your rights

Under the conditions set out in the GDPR, you have:

- the right to access your personal data pursuant to Article 15 of the GDPR

- the right to correct personal data pursuant to Article 16 of the GDPR, or to restrict processing pursuant to Article 18 of the GDPR.

- the right to erasure of personal data pursuant to Article 17 of the GDPR.

- the right to object to processing pursuant to Article 21 GDPR and

- the right to data portability pursuant to Article 20 of the GDPR.

- the right to withdraw consent to processing in writing or electronically to the administrator's address or email address

You also have the right to file a complaint with the Office for Personal Data Protection if you believe that your right to personal data protection has been violated.

 

Personal data security conditions

9.5. The Administrator declares that it has taken all appropriate technical and organizational measures to secure personal data.

9.6. The Administrator declares that only persons authorized by him have access to personal data.

 

Final provisions

9.7. By submitting an order from the online order form, you confirm that you are familiar with the terms and conditions of personal data protection and that you accept them in their entirety.

9.8. The Administrator is entitled to change these terms and conditions. The new version of the personal data protection terms and conditions will be published on this website.

10. Sending commercial communications and storing cookies

10.1. The Buyer agrees to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further agrees to the sending of commercial communications by the Seller to the Buyer's electronic address.

10.2. The buyer agrees to the storage of cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract fulfilled without the storage of cookies on the buyer's computer, the buyer may revoke the consent in accordance with the previous sentence at any time.

11. Delivery

11.1. The Buyer may be delivered to the e-mail address specified in his user account or specified by the Buyer in the order.

12. Final provisions

12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the purchase contract or Terms and Conditions shall be in writing.

12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.4. Seller's contact details: delivery address: Svět elektrokol.cz, Palackého 164, Brno, 61200

Email address: prodejna@svetelektrokol.cz

General terms and conditions valid from 25.5.2018

The operator is a VAT payer. Obligations for the return and use of packaging waste are handled within the collective system of EKO-KOM, as, ecological disposal of electrical equipment by entering the collective system of Rema Systém as