The seller is a business person, DAVID PŘIKRYL, with its registered office in Prague, Mikanova 3261/3, 106 00, Czech Republic company ID: 67580815, registered in the Trade Register (hereinafter referred to as the " Seller ") for the sale of goods via an online store located at www.gymswim.eu
- INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as the "Business Terms") govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code ("the Civil Code") the mutual rights and obligations of the parties arising out of or on the basis of a sales contract (the "Purchase Agreement") concluded between the seller and another physical person (hereinafter referred to as the "buyer") via the seller's internet shop. The e-shop is operated by the seller on a web site located at www.gymswim.eu (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "web interface of the store").
1.2. Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal entity or person who acts when ordering goods in the course of their business or in their independent pursuit of their profession.
1.3. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.4. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in English. The purchase contract can be concluded in the English language.
1.5. The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
- USER ACCOUNT
2.1. Based on buyer´s registration made on a website, buyers can access their user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the "user account"). If the web interface of the store allows, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on a web page and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
2.3. Access to the user account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his / her user account.
2.4. The buyer is not authorized to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 24 months, or if the buyer breaches his obligations under the sales contract (including business terms).
2.6. The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller, maintenance of hardware and software of third parties.
- CLOSING OF THE PURCHASE AGREEMENT
3.1. All the presentation of the goods placed in the web interface of the store are informative and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
3.2. The web interface of the store contains information about the goods, including the indication of the prices of the individual goods and the costs of returning the goods if these goods can not be returned by their normal postal route. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms.
3.3. The store's web interface also includes information on the cost of packaging and delivering goods. Such costs are different for consignments within the Czech Republic and international consignments.
3.4. To order the goods, the buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:
3.4.1. ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and
3.4.3. information on the costs associated with the delivery of goods (collectively referred to as "the order").
3.5. Before sending the order to the seller, the buyer is allowed to check and modify the data entered by the buyer in the order, also in view of the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking on the "SEND ORDER" button. The data listed in the order they are deemed correct by the seller. On receipt of the order, the Seller will acknowledge receipt to the buyer by e-mail, to the buyer's email address listed in the user account or in the order (hereinafter referred to as the "buyer's electronic address").
3.6. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
3.7. The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance), which is sent to the buyer by e-mail to the buyer's e-mail address.
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a purchase contract (costs of Internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
- PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract the buyer may pay in the following manner:
Online Bank Transfer via GOPAY Payment Gateway
Online payment or credit card through the GOPAY payment gateway
4.2. Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price is deemed in total including the the costs associated with the delivery.
4.3. The seller does not ask the buyer for a pre-payment or other similar payment. This is without prejudice to 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 cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 14 days of the purchase contract being concluded.
4.5. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.6. The Seller is entitled, in particular, in the event that the buyer does not receive the additional confirmation of the order (Article 3.8), to demand payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.8. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the buyer in respect of payments made under the purchase contract. The seller is not a taxpayer of value added tax. Tax document - the invoice is issued by the seller to the buyer after paying the price of the goods and sends it in electronic form to the e-mail address of the buyer.
4.9. Not applicable
- WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The buyer takes into account that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's wish, from the purchase contract for the delivery of goods subject to rapid perishable goods which after the delivery has been irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer has exempted from the packaging and for hygienic reasons it can not be returned and from the purchase contract for the delivery of a sound or pictorial recording or a computer program, original packaging.
5.2. If the case is not referred to in Article 5.1 of the Terms and Conditions or in another case when the purchase contract can not be withdrawn, the buyer may withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, within 14 days from the date of receipt of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the purchase contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the form provided by the seller, which forms an annex to the Terms and Conditions. The withdrawal from the purchase contract may be made by the buyer, inter alia, to the address of the seller's premises or to the seller's e-mail address.
5.3. In the case of the withdrawal from the purchase contract according to Art. 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. Goods must be returned to the seller within 14 days since the delivery of the withdrawal form of the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods can not be returned by their normal postal route.
5.4. In the event of withdrawal from the Purchase Agreement in accordance with Clause 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Contract in the same manner as the Seller has accepted from the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the seller.
5.5. The Seller is entitled to unilaterally set off the Buyer's claim for a refund of the purchase price against the seller´s claim in case of damaged goods.
5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In such case, the seller shall return the purchase price to the buyer without undue delay, by a bank transfer to the buyer's account stated 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 the condition that if the buyer withdraws from the purchase contract, the gift agreement is canceled and the buyer is obliged to return the goods together with the seller provided gift.
- TRANSPORT AND DELIVERY OF GOODS
6.1. If the way of transport is agreed upon a buyer's special request, the buyer bears the risk and any additional costs associated with this way of transport.
6.2. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively costs associated with another delivery method.
6.4. Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take over the delivery from the carrier.
6.5. Other parties' rights and obligations in the carriage of goods may alter the seller's special delivery terms if such terms were issued by the seller.
- RIGHTS OF FAULT FULFILLMENT
7.1. The rights and obligations of the parties regarding defective performance are governed by applicable 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 for the goods to be free from defects. In particular, the seller guarantees to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have characteristics that the parties have negotiated and, in the absence of a proper description, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
7.2.2. the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
7.2.3. the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
7.2.4. the goods are in the appropriate quantity, degree or weight and
7.2.5. goods comply with legal requirements.
7.3. The provisions of Article 7.2 of the Term and Conditions do not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of the goods caused by its normal use, when handing over by the buyer, or if it results from the nature of the goods.
7.4. If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover.
7.5. Rights to defective performance are claimed by the buyer at the seller at his / her establishment, where acceptance of the claim is possible with regard to the range of goods sold, eventually even at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's claim rules.
- 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 in in accordance with § 1826 (1) e) the Civil Code.
8.3. Consumer complaints are handled by the seller through the electronic address email@example.com. Buyer information will be sent to the buyer's electronic address.
8.4. The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes.The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution on - line).
8.6. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
- PROTECTION OF PERSONAL DATA
9.1. Protection of the buyer's personal data, which is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
9.2. The buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number (collectively referred to as "personal data").
9.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a purchase contract.
9.4. The Buyer takes into account that it is required to state his / her personal details (when registering, in his user account, when ordering from the web interface of the store), to state correctly and truthfully and to inform the seller of any change in his / her personal data without undue delay.
9.5. By processing the buyer's personal data, the seller may assign a third party as processor. In addition to persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer's prior consent.
9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
9.7. The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
9.8. In the event that the buyer believes that the seller or processor (Article 9.5) carries out the processing of his or her personal data which is contrary to the protection of the buyer's private and personal life or contrary to law, in particular if personal data are inaccurate with respect to for the purpose of their processing, may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remove the resulting condition.
9.9. If the buyer asks for information about the processing of his personal data, the seller is required to pass on this information. Seller has the right to provide information under the previous sentence to request reasonable compensation not exceeding the costs necessary to provide the information.
- SENDING NEWSLETTERS AND SAVING OF COOKIES
10.1. Buyer agrees to send information related to the seller's goods, services, or business to the buyer's electronic address, and also agrees to send the sales announcements to the buyer's electronic address.
10.2. Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller's obligations under the purchase contract are fulfilled without the so-called cookies being stored on the purchaser's computer, the buyer may withdraw the consent under the previous sentence at any time.
- DELIVERY OF NOTICES
11.1. Notices relating to the relationship between the seller and the buyer, particularly regarding the withdrawal from the purchase contract, must be delivered by post in the form of a registered letter unless otherwise specified in the purchase contract. The notifications are delivered to the respective contact address of the other party and are deemed to have been delivered and effective at the time of their delivery via mail, except for the withdrawal notice made by the buyer when the withdrawal is effective if the notice is sent to the buyer within the withdrawal period.
11.2. A receipt is also deemed to have been delivered which was rejected by the addressee, which was not picked up during storage period or has returned to the seller as undeliverable.
11.3. The parties may deliver a regular correspondence to each other by e-mail, to the e-mail address indicated in the buyer's user account or specified in the buyer´s order, respectively to the address given on the seller's website.
- FINAL PROVISIONS
12.1. If a relationship based on a 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 under generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or will become invalid or ineffective, instead of such invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the purchase contract or Terms and Conditions require a written form.
12.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. The Attachment on Business Terms and Conditions is a sample withdrawal form from the sales contract.
12.5. Contact details of the seller: Delivery address David Přikryl, Mikanova 3261/3, Prague 10 - 106 00, e-mail address firstname.lastname@example.org, phone +420.608 300 005.
In Prague, on May 25, 2018