Terms of service
Terms and conditions of use
I. BASIC PROVISIONS
1. These general business terms and conditions (hereinafter referred to as "Business Terms") are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as "Civil Code") of the Czech Republic.
Citycore s.r.o.
ID: 09247971
DIC: CZ09247971
Registered office: Na květnici 713/7, 140 00 Prague
Registered with the Prague City Court, registration number C 333245.
Contact details: Citycore s.r.o., Na květnici 713/7, 140 00 Prague.
e-mail: expedisolar@citycore.cz
telephone: + 420 777 895 995
www: www.expedisolar.com
(hereinafter referred to as "the Seller")
2. These terms and conditions regulate the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside his business activity as a consumer or within his business activity (hereinafter referred to as: "Buyer") via the web interface of the website located at www.citycore.se, https://citycorebikes.myshopify.com/ (hereinafter referred to as "Online Shop").
3. The provisions of the General Conditions are an integral part of the purchase contract. Any deviating provisions of the Purchase Contract shall take precedence over the provisions of these General Terms and Conditions.
4. These General Terms and Conditions and the Purchase Agreement are concluded in Czech.
II. Information on goods and prices
1. Information about the goods, including the prices of individual goods and their main characteristics are listed in the catalogue of the online store. The prices of the goods include VAT, all related fees and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods are valid for the period of time they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
2. Any presentation of the goods in the catalog of the online store is for information purposes only and the seller is not obliged to conclude a purchase contract in respect of these goods.
3. information on the costs associated with the packaging and delivery of the goods is published in the online store. The information on the costs of packaging and delivery of the goods in the online store is only valid if the goods are delivered within Sweden.
4. Any discounts on the purchase price of the goods cannot be combined with each other unless otherwise agreed between the seller and the buyer.
III. Order and conclusion of the sales contract
1. The costs incurred by the buyer in using means of distance communication in connection with the conclusion of the sales contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer. These costs do not differ from the basic fee.
2. the buyer orders the goods in the following way:
a) via his customer account if he has previously registered in the online store,
b) by filling out the order form without registration.
3. When ordering, the buyer selects the goods, the number of items, the method of payment and delivery.
4. before sending the order, the buyer may check and change the data that he has entered in the order. The buyer sends the order to the seller by clicking on the send button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's confirmation that he has read these terms and conditions.
5. Immediately after receiving the order, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when placing the order. This confirmation is automatic and is not considered the conclusion of a contract. The purchase contract is concluded only after the Seller has received the order. Notification of receipt of the order is delivered to the buyer's e-mail address. Immediately after receipt of the order, the seller shall send the buyer a confirmation of receipt of the order to the e-mail address provided by the buyer when placing the order. This confirmation shall be deemed to constitute the conclusion of the contract. The purchase contract is concluded by the Seller's confirmation of the order to the Buyer's e-mail address.
6. In the event that any of the requirements specified in the order cannot be met, the Seller shall send an amended offer to the Buyer's e-mail address. The amended offer shall be considered as a new proposal for the purchase contract and the purchase contract shall be concluded in such case by the Buyer's confirmation of acceptance of this offer to the Seller at his e-mail address specified in these Conditions.
7. All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received a notification that the Seller has accepted the order. The Buyer may cancel an order by calling the telephone number or e-mail address of the Seller specified in these terms and conditions.
8. In the event that there is a manifest technical error on the part of the Seller in indicating the price of the Goods in the Online Store or during the ordering process, the Seller shall not be obliged to deliver the Goods to the Buyer at such manifestly incorrect price even if the Buyer has been sent an automatic confirmation of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer's e-mail address. The amended offer shall be deemed to be a new proposal for a purchase agreement and the purchase agreement shall be concluded by the Buyer confirming the receipt of the offer to the Seller's e-mail address.
IV. Customer account
1. If the Seller's online store allows it, the Buyer can access its customer account on the basis of the Buyer's registration in the online store. The Buyer can order goods from its customer account. The Buyer can also order goods without registration.
2. When registering a customer account and ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the user account when it changes. The information provided by the Buyer in the customer account and when ordering goods shall be considered accurate by the Seller.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to keep the information required to access its customer account confidential. The Seller is not responsible for any possible misuse of the customer account by third parties.
4. The Buyer is not entitled to allow third parties to use the customer account.
5. The Seller may terminate the user account, in particular if the Buyer no longer uses its user account or if the Buyer violates its obligations under the Purchase Agreement or these General Terms and Conditions.
6. The Buyer is aware that the user account may not be available continuously, especially with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.
V. Terms of payment and delivery of goods
1. The Buyer may pay the price of the goods and all costs related to the delivery of the goods under the Purchase Contract in the following ways:
cashlessly using the payment portals available in the online store
2. together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
3. In the case of payment in kind, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
4. The Seller does not require any advance or other similar payment from the Buyer. Payment of the purchase price before delivery of the goods is not a deposit.
5. The goods are delivered to the Buyer:
a) to the address indicated by the Buyer in the order
b) by personal collection in the Seller's partner store.
6. The choice of delivery method is made during the ordering process.
7. The cost of delivery of the goods depending on the method of delivery and collection of the goods is indicated in the Buyer's order and in the Seller's order confirmation. In the event that the delivery method is agreed upon at the specific request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this delivery method.
8. If the Seller is obliged under the purchase contract to deliver the goods to the place indicated by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery. If for reasons attributable to the Buyer it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.
9. Upon receipt of the goods from the carrier, the Buyer shall check that the packaging of the goods is intact and in case of any defects immediately notify the carrier. In the event of breakage of the packaging indicating unauthorized interference with the shipment, the Buyer may not accept the shipment from the carrier.
10. The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the Buyer's e-mail address or attached to the delivered goods.
11. The Buyer acquires ownership of the goods by paying the full purchase price of the goods, including delivery costs, but not before receiving the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer was obliged to accept the goods but failed to do so in breach of the contract of sale.
VI. Rescission of the contract
1. A buyer who has entered into a sales contract outside his business activity as a consumer has the right to withdraw from the sales contract.
2. The withdrawal period is 14 days.
a) from the date of receipt of the goods
b) from the day of receipt of the last delivery of the goods if the subject matter of the contract is several types of goods or the delivery of several parts.
c) from the day of receipt of the first delivery of the goods if the subject matter of the contract is a periodic delivery of goods.
3. The buyer may not, inter alia, withdraw from the sales contract:
a) the provision of services if they have been performed with his prior express consent before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that in such a case he is not entitled to withdraw from the contract,
b) in the case of the supply of goods which have been adapted to the buyer's wishes or to his person,
c) in the other cases referred to in Article 1837 of the Civil Code.
4. To comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.
5. The buyer shall send the declaration of withdrawal to the e-mail or delivery address of the seller specified in these conditions. The seller shall immediately confirm receipt of the form to the buyer.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by normal post due to their nature.
7. If the buyer withdraws from the contract, the seller shall immediately, but not later than within 14 days of withdrawal, return all funds, including delivery costs, received from the buyer in the same manner. The seller shall return the funds received to the buyer by other means only if the buyer agrees to this and if no further costs are incurred.
8. If the buyer has chosen a mode of delivery other than the cheapest mode of delivery offered by the seller, the seller shall reimburse the buyer for the cost of delivery of the goods in an amount equal to the cheapest mode of delivery offered.
9. If the buyer withdraws from the contract of sale, the seller is not obliged to return the funds received to the buyer until the buyer has handed over the goods to the seller or proved that he has sent the goods to the seller.
10. the buyer must return the goods to the seller undamaged, unused and unsoiled and, if possible, in their original packaging. The Seller is entitled to unilaterally set off any claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.
11. The Seller is entitled to withdraw from the Purchase Contract due to lack of stock, unavailability of the goods or when the manufacturer, importer or supplier of the goods has suspended production or import of the goods. The Seller shall immediately inform the Buyer via the e-mail address specified in the order and shall return all monies, including delivery costs, received from the Buyer under the Contract within 14 days of the notice of withdrawal from the Purchase Contract in the same manner or in the manner specified by the Buyer, as the case may be.
VII. Rights due to defective performance
1. The Seller shall be liable to the Buyer for the goods being free from defects on receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
a) the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the producer or expected by the buyer having regard to the nature of the goods and on the basis of the advertising carried out by them,
b) the goods are fit for the purpose for which the seller indicates that they are to be used or for which goods of that kind are normally used; and
c) the goods correspond in quality or performance to the agreed sample or specimen if the quality or performance was determined by reference to the agreed sample or specimen; and
d) the goods are in the appropriate quantity, size or weight and the goods meet the requirements of the legislation.
2. The seller has obligations for defective performance at least to the extent that the manufacturer's obligations for defective performance continue. The buyer is otherwise entitled to rely on defects in consumer goods within twenty-four months of receipt.
3. If the buyer has justifiably relied on a defect in the goods, the period for exercising the right to rely on the defect and the warranty period shall not run during the period when the buyer cannot use the defective goods.
4. the provisions referred to in the preceding paragraph of the Conditions shall not apply, in the case of goods sold at a lower price, to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods, to the defect corresponding to the level of use or wear and tear of the goods when they were taken over by the buyer, or if this results from the nature of the goods. The buyer is not entitled to a defect in the goods if the buyer knew that the goods were defective before taking delivery or if the buyer himself caused the defect.
5. In the event of a defect, the buyer may submit a claim to the seller and demand:
a) replacement with new goods
b) repair of the goods
c) a reasonable deduction from the purchase price,
d) cancel the contract.
6. The buyer has the right to withdraw from the contract:
a) if the goods have a material defect
b) if the goods cannot be used properly because the defect or defects recur after repair,
c) in case of multiple defects in the goods.
7. A fundamental breach of contract is a breach of contract which the party in breach of contract already knew or must have known at the time of the conclusion of the contract and which the other party would not have entered into if it had foreseen the breach of contract.
8. in the case of a defect which constitutes an insignificant breach of contract (whether or not the defect can be remedied), the buyer is entitled to remedy the defect or to a reasonable reduction in the purchase price.
9. If a repairable defect has occurred repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or if the goods have a large number of defects (usually at least three defects at the same time), the buyer is entitled to claim a price reduction, replacement of the goods or withdrawal from the contract.
10. When making a complaint, the buyer is obliged to tell the seller which remedy he has chosen. Changing the choice without the seller's consent is only possible if the buyer has requested the repair of a defect that proves impossible to remedy. If the buyer does not choose his right in time in case of a material breach of contract, he has the same rights as in case of a non-material breach of contract.
11. If repair or replacement of the goods is not possible, the buyer may claim a full refund of the purchase price upon withdrawal from the contract.
12. If the seller proves that the buyer was aware of the defect in the goods before receiving them or caused it himself, the seller is not obliged to meet the buyer's claim.
13. the buyer may not rely on discounted goods for the reason for which they were discounted.
14. The seller is obliged to accept the claim at any place where the claim can be accepted, or even at the registered office or place of business. The seller is obliged to provide the buyer with written confirmation of the date on which the buyer exercised his right, the content of the claim and the method of settlement of the claim demanded by the buyer, as well as confirmation of the date and method of settlement of the claim, including confirmation of the repair and its duration, or written justification for the rejection of the claim.
15. The Seller or an employee authorized by the Seller shall decide on the complaint immediately, in complex cases within three working days. This period shall not include the time appropriate to the nature of the product or service required for a professional assessment of the fault. The complaint, including the remedying of the defect, shall be settled without delay, at the latest within 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. If this time limit is unnecessarily exceeded, this shall be regarded as a fundamental breach of contract and the buyer shall be entitled to withdraw from the sales contract. The time for complaint shall be deemed to be the time when the buyer's expression of intent (exercise of the right to defective performance) reaches the seller.
16. The seller shall inform the buyer in writing of the outcome of the complaint.
17. The buyer is not entitled to the right to defective performance if the buyer knew before taking possession of the goods that they were defective or if the buyer himself caused the defect.
18. The buyer can claim this right from the seller within one month of the expiry of the warranty period, otherwise the court cannot grant it.
19. The buyer can choose how he wants to present his claim.
20. The rights and obligations of the parties to the contract in respect of rights arising from defective performance shall be governed by sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection.
Other rights and obligations of the parties related to the Seller's liability for defects shall be governed by the Seller's complaint rules.
VIII. Delivery
1. The parties may deliver all written correspondence to each other by electronic mail.
2. The Buyer shall send correspondence to the Seller at the e-mail address specified in these General Conditions. The Seller shall deliver correspondence to the Buyer at the e-mail address specified in the Buyer's customer account or order.
IX. Personal data
1. Any information you provide when working with us is confidential and will be treated as such. Unless you give us written permission, we will not use your information in any way other than for the purpose of performing the contract, with the exception of the email address to which commercial communications may be sent to you, as this is permitted by law, unless you refuse. These communications may only concern similar or related goods and can be opted out at any time by simple means (sending a letter, email or clicking on a link in a commercial communication). The email address will be saved for this purpose for 3 years after the conclusion of the last contract between the parties.
X. Out-of-court dispute resolution
1. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the sales contract.
2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under 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 online dispute resolution for consumer disputes).
3. the seller is authorized to sell goods on the basis of a trade license. The trade control is carried out within its competence by the competent trade authority. The Czech Trade Inspection Authority monitors compliance with Act No 634/1992 Coll. on consumer protection, inter alia.
XI. Final provisions
1. All contracts between the Seller and the Buyer shall be governed by the law of the Czech Republic. If the relationship established by the Purchase Agreement contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This does not affect the consumer's rights under general binding law.
2. The Seller shall not be bound by any code of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
3. All rights to the Seller's website, in particular the copyright in the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, are the property of the Seller. It is prohibited to copy, modify or otherwise use the Website or any part of it without the Seller's consent.
4. The Seller is not liable for faults resulting from the involvement of third parties in the online store or its use in a manner contrary to its intended purpose. The Buyer shall not use any procedures that may have a negative effect on the operation of the Online Store and shall not perform any activity while using the Online Store, which may enable him or third parties to interfere with or make unauthorized use of the Software or other components of the Online Store and to use the Online Store or parts thereof or the Software in such a way, in a manner inconsistent with its intended use or purpose.
5. the Buyer hereby assumes the risk of changed circumstances within the meaning of Section 1765(2) of the Civil Code.
6. The purchase agreement including the General Conditions is filed by the Seller in electronic form and is not accessible.
7. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
8. A sample withdrawal form is attached to the Terms and Conditions.
These general conditions will enter into force on 1.9.2023.