Terms and Conditions

I. Basic provisions

1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued pursuant to § 1751 et seq.  Act No. 89/2012 Coll. Civil Code (hereinafter referred to as "Civil Code")

 

• JoyMay s.r.o.
  IČO: 09861076
  Marešova 643/6, Černý Most, 198 00 Prague

contact information:

• email: fitnessservis@fitnessservis.cz
• phone: 775054870
• online store: www:fitnessservis.cz 

 

(hereinafter referred to as "seller http://fitnessservis.cz   ")   

2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside of his business activity as a consumer, or as part of his business activity (hereinafter referred to as "buyer") via a web interface located on a website available at the internet address www : http://fitnessservis.cz   

(Next is the "online shop").

3. The terms and conditions are an integral part of the purchase contract.  Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.

4. These terms and conditions and the purchase contract are concluded in the Czech language

 

II. Information about goods and prices

1. Information about the goods, including the prices of the individual goods and their main features, are listed for individual products in the online store catalog.  The prices of the goods are listed including value added tax, all related fees and costs for returning the goods, if the goods cannot by their nature be returned by post.  Product prices remain valid for the time they are displayed in the online store.  This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.

2. All presentations of goods placed in the online store catalog are of an informative nature and the seller is not obliged to enter into a purchase contract regarding these goods.

3. Information on the costs associated with packaging and delivery of goods is published in the online store.  Information on the costs associated with packaging and delivery of goods listed in the online store only applies in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts from the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

 

III. Order and conclusion of purchase contract

1. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself.  These costs do not differ from the base rate.

2. The buyer orders goods in the following ways:

• if you have previously registered in the online store through your customer account,
• by filling out the order form without registration.  

3. When placing an order, the buyer selects the goods, the number of goods, the method of payment and delivery.

4. Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking on the send order button. The data given in the order are considered correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has become familiar with these terms and conditions.

5. Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when placing the order.  This confirmation is automatic and does not constitute a contract.  The current terms and conditions of the seller are attached to the confirmation.  The purchase contract is concluded only after the order has been accepted by the seller.  Notification of order acceptance is delivered to the buyer's email address.  / Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering.  This confirmation is considered the conclusion of the contract.  The current terms and conditions of the seller are attached to the confirmation. The purchase contract is concluded by confirmation of the order by the seller to the buyer's email address.

6. If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer a changed offer to his email address.  The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.

7. All orders accepted by the seller are binding.  The buyer can cancel the order until the buyer has received a notification of the acceptance of the order by the seller.  The buyer can cancel the order by calling the seller's phone number or email listed in these terms and conditions.

8. In the event that there was an obvious technical error on the part of the seller when indicating the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions.  The seller informs the buyer about the error without undue delay and sends the buyer a changed offer to his email address.  The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by delivery by the buyer to the seller's email address.

 

IV. customer account

1. Based on the buyer's registration in the online store, the buyer can access his customer account.  The buyer can order goods from his customer account.  The buyer can also order goods without registration.

2. When registering for a customer account and when ordering goods, the buyer is obliged to enter all data correctly and truthfully.  The buyer is obliged to update the data given in the user account in case of any change.  The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.

3. Access to the customer account is secured by a username and password.  The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account.  The seller is not responsible for any misuse of the customer account by third parties.

4. The buyer is not authorized to allow the use of the customer account by third parties.

5. The seller can cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates his obligations under the purchase contract or these terms and conditions.

6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or  necessary maintenance of hardware and software equipment of third parties.

 

V.   Terms of payment and delivery of goods

1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:

• by cashless transfer to the seller's bank account no.   
• cashless by payment card,
• by cashless transfer to the seller's account via the Pay Pal payment gateway
• cash on delivery upon delivery of the goods,
• in cash or by credit card during personal collection in traffic,
• in cash or by credit card when picking up parcels in person at the delivery desk ... ... 

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 also includes the costs associated with the delivery of the goods.

3. In the case of payment in cash, the purchase price is payable upon receipt of the goods.  In the case of non-cash payment, the purchase price is payable within 7 days from the conclusion of the purchase contract.

4. In the case of payment through a payment gateway, the buyer follows the instructions of the relevant electronic payment provider. [S16] 

5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.

6. The seller does not require any advance payment or other similar payment from the buyer.  Payment of the purchase price before sending the goods is not a deposit.

7. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer.  At the same time, he is obliged to register the received sales with the tax administrator online, in the event of a technical failure, within 48 hours at the latest

8. The goods are delivered to the buyer:

• to the address specified by the buyer in the order
• via the parcel drop-off to the drop-off address specified by the buyer,
• by personal collection at the seller's premises

9. The choice of delivery method is made during the ordering of goods.

10. The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's confirmation of the order.  If the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

11. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.  If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or  costs associated with another delivery method.

12. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, to notify the transporter immediately.  In the event of detection of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

13. The seller issues a tax document - an invoice - to the buyer.  The tax document is sent to the buyer's email address. / The tax document is attached to the delivered goods.

14. The buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods.  Responsibility for accidental destruction, damage or loss of goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.

 

VI. Withdrawal from the contract

1. A buyer who concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.

2. The deadline for withdrawing from the contract is 14 days

• from the day of receipt of the goods,
• from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts
• from the date of acceptance of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.

3. The buyer cannot, among other things, withdraw from the purchase contract:

• provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
• on the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the withdrawal period,
• about the delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller,
• on the delivery of goods that have been modified according to the wishes of the buyer or for his person,
• delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
• delivery of goods in closed packaging, which the buyer has removed from the packaging and cannot be returned for hygienic reasons,
• the delivery of an audio or video recording or a computer program, if it has violated their original packaging,
• delivery of newspapers, periodicals or magazines,
• delivery of digital content, if it was not delivered on a physical medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such case he does not have the right to withdraw from the contract,
• in other cases specified in § 1837 of the Civil Code.

4. In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.

5. To withdraw from the purchase contract, the buyer can use the model withdrawal form provided by the seller.  Withdrawal from the purchase contract shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions.  The seller will immediately confirm receipt of the form to the buyer.

6. The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of withdrawing from the contract to the seller.  The buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by post due to their nature.

7. If the buyer withdraws from the contract, the seller will return to him immediately, but no later than 14 days after withdrawing from the contract, all funds, including delivery costs, that he received from him, in the same way.  The seller will return the received funds to the buyer in another way only if the buyer agrees and if this does not incur additional costs.

8. If the buyer has chosen a method other than the cheapest method of delivery of the goods offered by the seller, the seller will refund the cost of delivery of the goods to the buyer in the amount corresponding to the cheapest method of delivery of the goods offered.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.

10. The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in the original packaging.  The seller is entitled to unilaterally set off the claim for compensation for damage caused 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 stock out, unavailability of the goods or when the manufacturer, importer or supplier of the goods has stopped the production or importation of the goods.  The seller immediately informs the buyer via the email address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all funds, including delivery costs, that he received from him on the basis of the contract, and in the same way, or in a way specified by the buyer.

 

VII. Rights from defective performance

1. The seller is responsible to the buyer that the goods are free of defects upon receipt.  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 an agreement, they have the properties that the seller or manufacturer has described or that the buyer expected due to the nature of the goods and on the basis of their advertising,
• the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
• the quality or design of the goods corresponds to the agreed sample or design, if the quality or design was determined according to the agreed sample or design,
• the goods are in the appropriate amount, measure or weight and   the goods comply with the requirements of the legal regulations.

2. The seller has obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance last.  The buyer is otherwise entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.

3. If the time during which the goods can be used is stated on the sold goods, on the packaging, the instructions attached to the goods or in the advertisement in accordance with other legal regulations, the provisions on the quality guarantee shall apply.  With a quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for a certain period of time.  If the buyer complains to the seller that the goods are defective, the period for exercising rights from defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.

4. The provisions stated in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was negotiated, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had at the time of acceptance by the buyer , or if it follows from the nature of the goods.  The right from defective performance does not belong to the buyer if he knew before taking over the goods that the goods had a defect, or if the defect was caused by the buyer himself.

5. In the event of a defect, the buyer can submit a claim to the seller and demand:

• exchange for new goods,
• repair of goods,
• a reasonable discount from the purchase price,
• withdraw from the contract.

6. The buyer has the right to withdraw from the contract:

• if the goods have a substantial defect,
• if he cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
• in the event of a greater number of product defects.

7. A material breach of contract is one which the breaching party already knew or had to know at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen this breach.

8. In the case of a defect that constitutes a non-essential breach of contract (regardless of whether it is a removable or non-removable defect), the buyer is entitled to the removal of the defect or a reasonable discount from the purchase price.

9. If there has been a case of a removable defect after repair repeatedly (usually the third complaint for the same defect or the fourth for different defects) or the goods have a large number of defects (usually at least three defects at the same time), the buyer has the right to request a discount from the purchase price, exchange goods or withdraw from the contract.

10. When making a complaint, the buyer is obliged to inform the seller of the right he has chosen.  A change of choice without the consent of the seller is possible only if the buyer requested the repair of a defect that turns out to be irreparable.  Does not choose If the buyer asserts his right from a material breach of contract in time, he has the same rights as in case of a non-material breach of contract.

11. If the repair or replacement of the goods is not possible, based on withdrawal from the contract, the buyer can request a full refund of the purchase price.

12. If the seller proves that the buyer knew about the defect in the goods before taking over or caused it himself, the seller is not obliged to satisfy the buyer's claim.

13. The buyer cannot claim discounted goods for the reason for which the given goods are discounted.

14. The seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, or at the registered office or place of business.  The seller is obliged to issue a written confirmation to the buyer of when the buyer has exercised the right, what is the content of the claim and what method of processing the claim the buyer requires, as well as confirmation of the date and method of processing the claim, including confirmation of execution repair and its duration, or written justification for rejecting the claim.

15. The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days.  This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect.  Complaints, including removal of the defect, must be handled immediately, no later than 30 days from the date of application of the complaint, unless the seller and the buyer agree on a longer period.  Failure to expire this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract.  The moment of application of the claim is considered to be the moment when the buyer's will (exercise of the right from defective performance) is expressed to the seller.

16. The seller informs the buyer in writing about the outcome of the complaint.

17. The right from defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.

18. In the event of a justified complaint, the buyer has the right to compensation for the purposefully incurred costs incurred in connection with the application of the complaint.  The buyer can exercise this right with the seller within one month after the expiry of the warranty period, otherwise the court may not recognize it.

19. The buyer has the choice of the complaint method.

20. The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. About consumer protection.

21. Other rights and obligations of the parties related to the seller's liability for defects are governed by the seller's complaints procedure.

 

VIII. Delivery

1. The parties may deliver all written correspondence to each other via electronic mail.

2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions.  The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.

 

IX. personal data

1. All information you provide during our cooperation is confidential and we will treat it as such.  If you do not give us your written consent, we will not use your data in any way other than for the purpose of fulfilling the contract, except for the email address to which commercial messages can be sent to you, as this procedure is permitted by law, if you will not reject it.  These notifications can only concern similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, email or clicking on a link in a commercial notification).  The email address will be kept for this purpose for 3 years from the conclusion of the last contract between the contracting parties.

2. More detailed information on personal data protection can be found in the personal data protection policy HERE

 

X.   Out-of-court settlement of disputes

1. Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Slovak Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs.  The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

2. The European Consumer Center Slovak Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online consumer dispute resolution and supplements Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

3. The seller is authorized to sell goods on the basis of a trade license.  The trade inspection is carried out by the relevant trade office within the scope of its competence.  The Slovak Trade Inspection carries out within a defined scope, inter alia, supervision of compliance with Act No. 634/1992 Coll. About consumer protection.

 

XI. Final Provisions

1. All agreements between the seller and the buyer are governed by the law of the Czech Republic.  If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic.  This does not affect consumer rights arising from generally binding legal regulations.

2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of the provisions of § 1826 paragraph 1 letter  e) of the Civil Code.

3. All rights to the Seller's website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller.  It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.

4. The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose.  When using the online store, the buyer may not use procedures that could have a negative effect on its operation and may not perform any activity that could allow him or third parties to interfere or use software or other components that make up the online store and use the online store or its parts or software equipment in a way that would be contrary to its purpose or purpose.

5. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

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

7. The wording of the terms and conditions may be changed or supplemented by the seller.  This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.

8. A sample form for withdrawal from the contract is attached to the terms and conditions.