Recovery sport s.r.o.
Based in Kroměřížská 2, 76824, Hulín
Identification number: 05497884
Registered in the Commercial Register kept at the Regional Court in Brno, Section C, File 95725
To sell goods through an online store located at www.refitnessdrink.com
1.1. These Business Terms and Conditions of the company Recovery sport s.r.o., with its registered office in Hulín 76824, at address Kroměřížská 2, identification number: 05497884, registered in the Commercial Register kept at the Regional Court in Brno, Section C, Insert 95725 (hereinafter referred to as the " In accordance with the provisions of § 1751 (1) of Act No. (hereinafter referred to as the "Purchase Agreement") concluded between the seller and another natural person (the "Buyer Agreement"). ") Through the Seller's Internet Store The e-shop is operated by the seller on a web site located at www.refitnessdrink.com (the" Website ") through the web site interface (hereinafter referred to as the" Web Store Store ").
1.2. Business terms do not apply to cases where a person intending to purchase the goods from a seller is a legal person or a person who acts when ordering goods in the course of their business or in the independent exercise of their profession.
1.3. A provision derogating from the terms and conditions may be concluded in the sales contract. The derogating 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 the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The seller may change or add the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising from the validity of the previous version of the terms and conditions.
2.1. Buyers can access their user interface based on the buyer's registration on the website. From the user interface, the buyer can execute the goods order (hereinafter referred to as the "user account"). In case the web interface of the shop allows, the buyer can also order goods without registration directly from the store's store.
2.2. When registering on a website and when ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are updated by the buyer every time they change. The data provided by buyers in the user account and when ordering the goods are considered to be the correct seller.
2.3. Access to the user account is secured by username and password. Buyer is required to maintain confidentiality regarding the information necessary to access his / her user account.
2.4. Buyer is not authorized to allow the use of a 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 1 year, or if the buyer violates 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 vendor, or the necessary maintenance of the hardware and software of the third party.
3.1. All presentations of the goods placed in the web interface of the store are of an informative nature and the seller is not obliged to conclude a purchase contract with these goods. Section 1732 (2) of the Civil Code does not apply.
3.2. If the goods can not be returned in the usual postal mode, the goods may be returned by the goods, including the prices of the individual goods and the return of the goods. 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 buyer's ability to enter into a purchase agreement for individually agreed terms.
3.3. The store's store also includes information on the costs associated with packaging and deliveries. Information on the costs associated with the packaging and delivery of goods in the web shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order the goods, the buyer completes the order form in the web interface of the store. The order form includes, in particular, information on:
3.4.1. Ordered goods (ordered goods "puts" the buyer into the electronic shopping cart of the web interface of the store)
3.4.2. The way of payment of the purchase price of the goods, data about the required way of delivery of ordered goods and
3.4.3. Information on the costs associated with the supply 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 that the buyer placed in the order, even with regard to 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 the "send" button. The details given in the order are considered correct by the seller. On receipt of the order, the Seller will acknowledge receipt of the receipt to the buyer by e-mail to the Buyer's e-mail address specified in the user's 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) received by the seller 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 distance 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.
4.1. The buyer may pay the buyer the following goods in the following manner: • the price of the goods and any costs associated with the delivery of the goods under the purchase contract:
Non-cash via the payment system placed in the order;
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 stated otherwise, the purchase price and the costs associated with the delivery of the goods are further understood.
4.3. In the case of cash payment or cash 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 3 days of the purchase contract being concluded.
4.4. 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 at the moment of crediting the relevant amount to the seller's account.
4.5. Seller is entitled, in particular, in the event that the buyer does not receive additional confirmation of the order (Article 1.17), request the payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
4.6. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.7. If it is customary in the course of trade or if it is provided for by generally binding legal regulations, the seller shall issue a tax invoice - invoice to the buyer in respect of payments made under the purchase contract. The seller is a taxpayer of value added tax. Tax document - The invoice is issued by the seller to the buyer after payment of the price of the goods and sent to him in electronic form at the buyer's electronic address.
5.1. The Buyer notes 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 or his person's wish, from the purchase contract for the delivery of perishable goods, , Which after the delivery was irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and can not be returned.
5.2. If the case referred to in Article 1.27 is not the case, or in another case where the purchase contract can not be withdrawn, the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, within 14 days From receipt of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. Withdrawal from the sales contract may be made by the buyer, inter alia, to the address of the seller's office or to the seller's e-mail address firstname.lastname@example.org.
5.3. In case of withdrawal from the purchase contract under Art. 1.28 of the Commercial Terms, the purchase contract is canceled from the beginning. Goods must be returned to the seller within 14 (fourteen) days of withdrawal from the seller's contract. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning 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 under Article 1.28 of the Business Terms and Conditions, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner as the Seller has accepted from the Purchaser. The Seller is also entitled to return the purchases provided by Buyer upon return of the Goods to the Purchaser or in any other way, provided that Buyer agrees and does not incur additional costs to 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 indemnify the Seller against the buyer's claim for a refund of the purchase price.
5.6. Upon receipt of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price without undue delay to the buyer, without charge, to the account specified 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 the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the seller Provided gift.
6.1. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode 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. In the event that, for reasons of buyer's need to deliver the goods repeatedly or in a manner other than specified 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 required 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 package indicating unauthorized entry into the consignment, the buyer is not required to take delivery of the consignment from the carrier.
6.5. Other parties' rights and obligations in the carriage of goods may alter the seller's special delivery terms when the seller is issued.
7.1. The rights and obligations of the parties to the rights of defective performance are governed by applicable generally binding legal 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 replies to the buyer that at the time the buyer took over the goods:
7.2.1. The goods have properties that have been negotiated by the parties and, if the arrangement is lacking, has properties that 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 fit the purpose for which the seller indicates or to which the goods of this type are usually 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 1.40 of the Business Terms and Conditions shall 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 due to their normal use, Buyer, or if it results from the nature of the goods.
7.4. If a defect occurs 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 with consumer goods within twenty-four months of the takeover.
7.5. Rights to defective performance are claimed by the buyer at the seller's address at the address where the receipt of the claim is possible with regard to the range of goods sold, or even at the registered office or place of business. The moment of claiming is the moment when the seller received the goods claimed from the buyer.
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.
8.1. Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The Seller is not bound by any Code of Conduct in relation to the Purchaser within the meaning of Section 1826 (1) E) the Civil Code.
8.3. Out-of-court consumer complaint handling is provided by the seller via email@example.com. Buyer's complaint information will be sent by the seller to the buyer's email address.
8.4. 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, inter alia, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5. The buyer hereby takes on the risk of changing the circumstances in accordance with Section 1765 (2) of the Civil Code.
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 and email (collectively, all 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 purpose 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 sales contract.
9.4. The buyer acknowledges that he is required to state his / her personal data (when registering, in his user account, when ordering from the web interface of the store), to state correctly and truthfully, and that he is obliged to inform the seller of any change in his or her personal data without undue delay.
9.5. The vendor may process the buyer's personal data to a third party as processor. In addition to persons transporting goods, personal data will not be passed on to the third party by the seller without the buyer's prior consent.
9.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.
9.7. Buyer acknowledges that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal information.
9.8. In the event that the purchaser believes that the seller or processor (Article 1.54) carries out processing of his or her personal data contrary to the protection of the buyer's private and personal life or in contravention of the 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 or her personal data, the seller is required to pass on this information. The Seller has the right to provide information under the preceding sentence for a reasonable reimbursement not exceeding the costs necessary to provide the information.
10.1. The buyer agrees to send information related to the seller's goods, services or business to the buyer's electronic address and agrees to send the sales announcements to the buyer's electronic address.
10.2. Buyers agree to store cookies on their 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 deposited on the purchaser's computer, the buyer may withdraw the consent under the preceding sentence at any time.
11.1. Notices relating to the relationship between the seller and the buyer, particularly regarding withdrawal from the sales contract, must be delivered by post in the form of a registered letter unless otherwise specified in the sales 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 notification is also deemed to have been delivered, the receipt of which was rejected by the addressee, which was not picked up during the storage period or returned as undeliverable.
11.3. The Contracting Parties may deliver a regular correspondence to each other by electronic mail, to the e-mail address specified in the buyer's user account or specified buyer in the order or, respectively, To the address on the Seller's website.
11.4. FINAL PROVISIONS
11.5. If a relationship based on a sales 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.
11.6. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be enforced as to the closest possible approximation of the invalid clause. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
11.7. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.8. The attachment to business terms forms a sample form for withdrawal from the sales contract.
11.9. Contact details of the seller: delivery address Kroměřížská 2, Hulín 76824, e-mail address firstname.lastname@example.org, phone +420 733 227 694.
In Kroměříž on 13.7.2017