TERMS AND CONDITIONS
General Terms and Conditions
AND.
Basic provision
These General Business Terms and Conditions (hereinafter referred to as "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”)
Athletes PREP s.r.o
ID:11803886
tel .: 776598192
registered office: Havířská 951/6, Moravská Ostrava, Ostrava 702 00
contact information:
email: handballprep@gmail.com
www.handballprep.eu
(hereinafter referred to as "Seller")
These Terms and Conditions regulate the mutual rights and obligations of the Seller and the natural person who concludes the Purchase Contract outside their business as a consumer, or in the framework of their business activities (hereinafter referred to as the "Buyer") via a web interface located on the website available at www. .handballprep.eu (hereinafter referred to as "online store").
Terms and conditions of business are an integral part of the purchase contract. Different arrangements in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.
These Terms and Conditions and the Purchase Agreement are concluded in the Czech language.
II.
Information about goods and prices
Information about the goods, including the prices of individual goods and its main characteristics, are listed for each item in the online store catalog. The prices of the goods include VAT, all related fees and the cost of returning the goods if, by their very nature, they cannot be returned by the usual postal route. Prices of goods remain valid for as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.
All presentation of goods placed in the internet shop catalog is of informative nature and the seller is not obliged to conclude a purchase contract regarding this goods.
Any discounts with the purchase price of the goods cannot be combined with one another, unless the Seller and the Buyer agree otherwise.
Liability for damage and failure to meet goals
For training e-books sold in this e-shop, the seller does not commit to the expected results when practicing the exercises and other instructions in the materials listed. Since the seller does not know your health, age, or any other important information to guarantee the result, he reserves the right not to take responsibility for this. In addition, the expected result is a purely subjective feeling that cannot be guaranteed. If you do not know what to do with something or feel that your plans do not suit you, you can contact us and we will try our best to advise you.
The Seller bears no responsibility for any injury or mental injury caused by practicing the exercises specified in the training plans. The buyer is obliged to follow all advice given in the training plans to minimize the risk of any health damage. If you are unsure whether your health status allows you to practice according to the e-book we sell, then always consult your doctor before starting the exercise.
III.
Order and purchase contract
The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (the cost of internet connection, the cost of telephone calls) are paid by the buyer himself. These costs do not differ from the base rate.
The buyer orders the goods in the following ways:
via your customer account, if they have previously registered with the online store
by completing the order form without registration.
When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
Before sending the order, the buyer is allowed to check and change the data he has entered into the order. The order is sent by the buyer to the seller by clicking the Send order button. The data listed in the order they are deemed correct by the seller. The condition of the order validity is to fill in all the mandatory data in the order form and the buyer's confirmation that he / she has become familiar with these terms and conditions.
Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is considered to be the conclusion of the contract. Attached to the confirmation are the current terms and conditions of the seller. The purchase contract is concluded by confirmation of the order by the seller to the buyer's email address.
In the event that any of the requirements specified in the order cannot be met by the Seller, the Seller will send the modified offer to the Buyer at his email address. The modified offer is considered as a new draft of the purchase contract and the purchase contract is in such a case concluded by the Buyer's confirmation of acceptance of this offer to the Seller at his / her email address specified in these Terms and Conditions.
All orders received by the Seller are binding. The Buyer may cancel the order until the Buyer has received the Seller's receipt of the order. The Buyer may cancel the order by telephone to the Seller's telephone number or email specified in these Business Terms.
In the event that there is an obvious technical error on the part of the Seller when placing the price of the goods in the online shop or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price, even if an automatic confirmation of receipt of the order was sent to the Buyer under these terms and conditions. The Seller informs the Buyer of the error without undue delay and sends the Buyer to his email address a modified offer. The modified offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by a confirmation of receipt by the buyer to the seller's e-mail address.
If the subject of the purchase contract is digital content, in our case an e-book, the buyer by clicking on the Send Order button agrees to voluntarily give up such digital content without reason within 14 days of the conclusion of the contract, this is confirmed by checking the check box before sending the order and is therefore informed about this before the contract is concluded. The Seller reserves this right under Section 1837 (1) of the Civil Code.
IV.
Customer's account
Upon registration of the buyer in the online store, the buyer can access their customer account. Buyers can order goods from their customer account. Buyer can also order goods without registration.
When registering for a customer account and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data stated in the User Account in any change. The information given by the buyer in the customer account and when ordering goods is considered by the seller to be correct.
Access to the customer account is secured by 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.
The Buyer is not entitled to allow third parties to use the Customer Account.
The Seller may cancel the User Account, especially if the Buyer does not use his User Account longer, or if the Buyer violates his obligations under the Purchase Agreement and these Terms and Conditions.
Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software vendor, or. necessary maintenance of hardware and software of third parties.
VI.
Withdrawal from the contract
The buyer who has concluded the purchase contract outside his business as a consumer has the right to withdraw from the contract.
The withdrawal period is 14 days
from the date of receipt of the goods,
from the date of receipt of the last delivery of the goods, if several types of goods or delivery of several parts are the subject of the contract
from the date of receipt of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.
The Buyer may not, inter alia, withdraw from the Purchase Agreement:
the provision of services if they have been met with his prior express consent before the expiry of the withdrawal period and the seller, before concluding the contract, informed the buyer that he does not have the right to withdraw from the contract,
on the supply of goods or services, the price of which depends on fluctuations in the financial market, regardless of the seller's will, and which may occur during the withdrawal period,
for the supply of alcoholic beverages that can only be delivered after thirty days and whose price depends on financial market fluctuations independent of the seller's will,
on the delivery of goods that have been modified to the buyer's wishes or for the person
delivery of perishable goods as well as goods that have been irrevocably mixed with other goods upon delivery,
delivery of goods in a sealed package which the buyer removed from the packaging and cannot be returned for hygienic reasons
delivering audio or video recordings or a computer program if they have violated their original packaging
delivery of newspapers, periodicals or magazines
delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period, and the seller, before concluding the contract, informed the buyer that he is not entitled to withdraw from the contract,
in other cases referred to in Section 1837 of the Civil Code.
To comply with the withdrawal deadline, the buyer must send a withdrawal declaration within the withdrawal period.
For withdrawal from the purchase contract, the buyer may 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 shall confirm to the Buyer without delay the receipt of the form.
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 to the seller. The Buyer bears the cost of returning the goods to the Seller, even if the goods cannot be returned by their usual postal route due to their nature.
If the Buyer withdraws from the Contract, the Seller shall return to the Buyer all funds, including the delivery costs, received by the Seller immediately and at the latest within 14 days of withdrawal from the Contract, in the same manner. The Seller shall return the received money to the Buyer in another way only if the Buyer agrees with it and does not incur additional costs.
If the buyer has chosen a method other than the cheapest delivery method offered by the seller, the seller will return to the buyer the cost of delivering the goods in the amount of the cheapest delivery method.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer passes the goods or proves that the goods were sent to the seller.
The goods must be returned to the Seller by the Buyer intact, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for damages for the goods against the Buyer's claim for refund of the purchase price.
The seller is entitled to withdraw from the purchase contract due to the sellout of the goods, the unavailability of the goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The Seller shall immediately inform the Buyer via the e-mail address specified in the order and shall return within 14 days of the notice of withdrawal all funds, including delivery costs, received from him under the contract, in the same manner or in a manner determined by the Buyer.
VII.
Defective performance rights
The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time the goods were taken over by the buyer:
the goods have properties that the parties have agreed, and if the agreement is missing, it has properties that the seller or manufacturer has described or which the buyer has expected with regard to the nature of the goods and the advertising they perform,
the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
the goods are in the appropriate quantity, measure or weight; \ tand. \ t
goods comply with legal requirements.
If a defect occurs within six months of receipt of the goods by the buyer, the goods are deemed to have been defective at the time of receipt. The Buyer is entitled to exercise the right of defect that occurs in consumer goods within 24 months of receipt. This provision shall not apply to goods sold at a lower price to a defect for which a lower price has been agreed, to the wear and tear of the goods caused by its normal use, to the defective goods used or the wear and tear the goods have on receipt by the purchaser, or if this is the nature of the goods.
In the event of a defect occurring, the Buyer may submit a claim to the Seller and request:
exchange for new goods
repair of goods
a reasonable discount on the purchase price
withdraw from the contract.
The buyer has the right to withdraw from the contract
if the goods have a substantial defect
if it cannot properly use the item for recurring defects or defects after repair,
with more defects in the goods.
The Seller is obliged to accept a complaint at any establishment in which acceptance of the claim is possible, possibly at the registered office or place of business. The Seller is obliged to issue to the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and what manner of settlement of the complaint the Buyer requires, as well as a confirmation of the date and manner of handling the complaint, including confirmation of the repair and its duration, or a written justification rejection of the complaint.
The Seller or an employee authorized by him / her decides on the complaint immediately, in complex cases within three working days. This period does not include the period of time appropriate to the type of product or service required for the expert assessment of the defect. Complaints, including removal of defects, must be handled promptly, no later than 30 days from the date of claim, unless the seller and the buyer agree on a longer period. Vain expiry of this period is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract. The moment of making a complaint is considered to be the moment when the Buyer's will is manifested (exercise of the right from defective performance) to the Seller.
The Seller shall inform the Buyer in writing of the result of the claim.
The buyer is not entitled to the right of defective performance if the buyer knew before taking over the thing that the item has a defect or if the buyer himself caused the defect.
In the case of a justified complaint, the buyer has the right to compensation of the costs incurred in connection with the claim. The buyer may exercise this right within one month after the expiry of the warranty period.
The buyer has the choice of the method of claim.
The rights and obligations of the contracting parties regarding the rights of 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., On Consumer Protection.
VIII.
Delivery
The Contracting Parties may deliver all written correspondence by e-mail.
The Buyer delivers correspondence to the Seller to the email address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer at the email address specified in his customer account or order.
IX.
Out-of-court dispute resolution
Out-of-court settlement of consumer disputes arising from the purchase agreement is the responsibility of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs. The on-line dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes on-line and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on consumer dispute resolution online).
The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection Authority performs, to a limited extent, supervision over compliance with Act No. 634/1992 Coll., On Consumer Protection.
X.
Final Provisions
All arrangements between the Seller and the Buyer with the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legal regulations.
In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1) (a). e) of the Civil Code.
All rights to the Seller's website, in particular copyright to the content, including the layout of the site, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
The Seller shall not be liable for errors arising as a result of third party interference in the Internet shop or as a result of its use contrary to its purpose. The Buyer may not use any practices that could adversely affect its operation and may not engage in any activity that might allow it or third parties to tamper with or unauthorize the use of the software or other components of the online store and use the online store or use the online store. its parts or software in such a way as to be contrary to its purpose or purpose.
The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
The purchase contract, including terms and conditions, is archived by the seller in electronic form and is not accessible.
The Terms and Conditions may be amended or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
A form of withdrawal form is attached to the Terms and Conditions.
These Terms and Conditions come into effect on April 4, 2019