Identification of the operator
The operator of the internet store at the domain www.workout.eu (hereinafter referred to as the ‘Internet store’) is the company Zawoko NET s.r.o. Souběžná II 475/14, 15800, Prague, registered with the commercial register maintained by the Municipal court in Prague, file No 159499, Id. No: 29007593, TIN: CZ29007593, (hereinafter referred to as the ‘Seller’ or ‘Operator’)
Bank and contact details:
Bank details for the Czech Republic (CZK): 2700161488 / 2010 (FIO)
Bank details for the Slovak Republic SK (EUR): 2500949238 / 2010 (FIO)
BIC code/SWIFT: FIOBCZPPXXX
Purchaser is every visitor of the Internet store, regardless of whether he acts as a consumer or an entrepreneur (hereinafter referred to as the ‘Purchaser’).
Consumer is a purchasing natural person who does not act when concluding and performing the contract in the course of his commercial or other business activities (hereinafter referred to as the ‘Consumer’).
Entrepreneur is a purchasing person who is not Consumer. As an entrepreneur shall be considered also each person who concludes contracts in connection with its own business, production or similar activities or in the course of independent performance of its profession, or a person acting in the name and on behalf of an entrepreneur, as the case may be (hereinafter referred to as the ‘Entrepreneur’).
Commercial terms and conditions
These general commercial terms and conditions (hereinafter only referred to as the ‘Commercial Terms and Conditions’) regulate mutual rights and obligations of the contractual parties arisen in connection or on the ground of a purchase agreement concluded between Seller and Purchaser through the Internet store (hereinafter only referred to as the ‘Purchase Agreement’).
Commercial Terms and Conditions are an integral part of Purchase Agreement. Unless stipulated otherwise in Purchase Agreementor its annexes or unless the applicability of certain provisions of these Commercial Terms and Conditionsis excluded by Purchase Agreement or another explicit agreement between Seller and Purchaser or unless the applicability is modified otherwise, in the remaining these Commercial Terms and Conditions shall apply for mutual relations of the contractual parties.
Legal relations between Seller and Purchaser not expressly regulated hereby shall be governed by applicable provisions of the act of the Czech Republic No. 89/2012 Coll., Civil Code. Legal relations between Seller and Consumer shall be governed at the same time by the act of the Czech Republic No. 634/1992 Coll., on Consumer Protection, as amended.
2.1. Offer of goods
Goods offered via the website of the Internet store present an offer of goods of only informative nature. The offer of goods itself shall not be deemed to be aproposal to supply goods within the meaning of Sec. 1732 Sub-sec. 2 of the Civil Code of the Czech Republic and Operator shall not be obliged to conclude Purchase Agreement concerning the offered goods.
2.2.1. An order may be created by Purchaser with the help of a form on the website of the Internet store. When creating the order with the help of the form Purchaserat first shall choose thegoods he is interested in. After selection of the required amount, mode of transport (See Article 2.4.1.) and payment method (See Article 2.5.1.) Purchaser shall confirm his order, thereby he submits a binding proposal to conclude Purchase Agreement between Purchaser and Operator.
2.2.2. Purchaser confirms by sending an order that he has read these Commercial Terms and Conditionsand he agrees with them to their full extent.
2.3. Conclusion of Purchase Agreement
2.3.1. Operator undertakes to accept a proposal of Purchase Agreement of Purchaser (order), unless such proposal is in contradiction hereto. Operator shall confirm acceptance of the proposal via a message to the Purchaser’s electronic address.
2.3.2. The contractual relationship between Operator and Purchaser shall be created by delivery of the acceptance of the order (by acceptance), which is sent by Operator to the Purchaser’s electronic address which he stated in his order.
2.3.3. The costs incurred to Purchaser when using remote communication means in connection with the conclusion of Purchase Agreement (e.g. costs of internet connection or costs of phone calls) shall be borne by Purchaser alone.
2.4. Mode of transport
2.4.1. Unless stipulated otherwise in Purchase Agreement, the mode of delivery of goods shall be determined by Seller. If the mode of transport is agreed on based on a requirement of Purchaser, Purchaser shall bear the risk connected with such mode of transport, including potential additional costs of the chosen mode of transport.
2.4.2. Sending of ordered goods means their sending to the address stated by Purchaser when creating the order. Operator reserves the right to add the costs of sending of the goods to the price of the order based on the up-to-date pricelist of the carrier.
2.4.3. In case the goods are delivered abroad, the Operator reserves the right to add additional costs of the transport abroad to the standard transport price.
2.4.4. All the prices of transport and cash on delivery and the like shall be governed by the up-to-date pricelist of transport available on the webpage TRANSPORT.
2.5.5 In the case when required destination missing on the transport price list. Purchaser shall contacts Operator by using contacts information. Operator make an individual price offer of transportation.
2.5. Payment method
2.5.1. In case of the payment via a bank transfer is chosen, Purchaser shall pay the price of his order prior to its execution to the Seller´s bank account, i. e. goods shall be dispatched to Purchaser only upon the purchase price is credited to the Seller’s account. For execution of the order the payment must be made under the variable symbol which is the number of the order and which Purchaser receives upon completion of the order. In the case of payment for goods in the form of bank transfer, the purchase price shall be deemed to be paid on the day when the concerned amount is credited to the Seller’s account.
2.5.2. In case of cash-on-delivery payment at the moment of takeover of goods from the carrier, Operator reserves the right to add the costs of the dispatch of the cash on delivery to the price of the order based on the up-to-date pricelist of the carrier.
2.5.3. All changes including changes in the prices in the Internet store are reserved. The price is valid at the time of placing the order.
2.5.4. Operator reserves the right to require, in justified cases, payment in advance from particular Purchasers and enable such Purchaser to pay only in that way.
2.5.5. In case of certain type of goods, Operator reserves the right to require payment in advance, mainly because the delivery of the particular goods prevents or in a considerable way complicates another payment method. Such goods shall be properly marked in their description and thus it shall be deemed that Purchaser has the information available and is properly informed in advance.
2.5.6. The prices of goods and services offered are stated including VAT, unless there is expressly stated next to a price that the price is without VAT.
2.5.7. Pursuant to the Act on Records of Sales, Seller is obliged to issue a receipt to Purchaser. In some cases, there is at the same time a duty to record a received sale with the tax administrator online; in the case of a technical failure not later than within 48 hours.
2.5.8. Purchaser agrees with issuance of the receipt in the electronic form.
2.6. Rights and obligations arising from conclusion of Purchase Agreement
2.6.1. Operator shall deliver the ordered goods to Purchaser for the agreed price and Purchaser shall take the goods over and pay the purchase price.
2.6.2. In case of a breach of the conditions of Purchase Agreement or Commercial Terms and Conditions by Purchaser, Operator reserves the right to withdraw from Purchase Agreement. Unless stipulated otherwise by the law, in such case, Purchaser’s obligation to reimburse Operator for all the costs related to his order shall arise, in particular the costs of sending the goods, if Purchaser does not take the goods over.
2.6.3. Purchaser is obliged to state correct and true data, especially when ordering the goods. The data, necessary for conclusion of Purchase Agreement, provided by Purchaser is considered by the Seller to be correct.
2.6.4. No codes of conduct within the meaning of Sec. 1826 Sub-sec. 1 (e) of the Civil Code shall be binding for Seller in relation to Purchaser.
2.6.5. All communications of Seller may be delivered to the Purchaser’s electronic address stated in his user account or provided by Purchaser in the order.
2.6.6. Purchaser guarantees the correctness of the data and he shall be liable for information provided in a wrong way and the related costs.
2.7. Gift, vouchers and discount codes
2.7.1. When creating an order, Purchaser may enter codes stated on purchased gift vouchers and discount codes provided by Operator in compliance with their rules.
2.7.2. Unless expressly stated otherwise by Operator, gift vouchers and discount codes:
may not be used repeatedly;
may not be combined with each other, except for gift vouchers purchased directly on the Operator’s website.
2.7.3. In addition to the aforesaid, discount codes may not be used in the case of goods on sale. Discounts are calculated from the original prices and they may not be combined.
2.7.4. In the case of withdrawal from Purchase Agreement for any reason or in the case of another legitimate return of goods, purchased on the ground of a discount code or gift voucher, by Purchaser to Seller, Purchaser shall be entitled to repayment of the amount which has been really paid by him with money for the purchase of the goods. In the case of a gift voucher, Seller shall further issue a new gift voucher at the corresponding value.
2.7.5. If validity of a gift voucher or discount code is time limited, Purchaser may use the gift voucher or discount code only prior to its expiry. Seller shall not provide money or another type of compensation for the unused value of the gift voucher or discount code.
2.7.6. A gift voucher or discount code may not be exchanged for money. If Purchaser purchases goods of a lower price than the value of the gift voucher or discount code is, he shall not have the right to obtain the remaining value of the gift voucher or discount code or to obtain a new gift voucher or discount code for the remaining value of the original gift voucher or discount code used by him or her.
3.1. Delivery period
3.1.1. Operator undertakes, under the conditions mentioned below, to dispatch goods to Purchaser by the nearest possible date, not later than by the date stipulated by law (mean act of Czech republic) , i. e. within 30 days of the day of conclusion of the agreement. In the case of cashless payment by transfer after completion of the order, Operator shall dispatch the goods upon the payment has been credited to his bank account.
3.1.2. Operator shall not be liable for damage caused by delay in dispatch or delivery of goods for any reason.
3.2. Transport, delivery and takeover of goods
3.2.1. Purchaser shall acquire the right of ownership to the purchased goods by their takeover. At the moment of takeover of the goods, also the risk of damage to the goods shall pass to Purchaser.
3.2.2. A part of the delivery shall be a document on the purchase of the goods containing the date of sale, identification of the goods, purchase price and Seller’s details and identification of Purchaser in Seller’s register (i.e. order number.)
3.2.3. At the time of takeover of the goods from the carrier, Purchaser shall be obliged to check whether the packaging of the goods has been damaged and in the case of any defects he shall notify the carrier of them without delay. If a damaged packaging is discovered, showing an illegitimate entry into the consignment, Purchaser is recommended not to take over the consignment from the carrier and to fill in the record of damage to the consignment. By signing the delivery, Purchaser confirms that the packaging of the consignment containing the goods has not been damaged.
3.2.4. Complaints about mechanical damage to goods, inappropriate goods, etc. in case the damage is not noticeable at the time of takeover of the consignment from the carrier, they shall be lodged by Purchaser after their discovery without delay. Operatoris responsible for damage to the goods caused during their transport only in the case thatPurchasernotifies of such damage without delay in accordance with the paragraphs 3.2.3 and 3.2.4 hereof.
3.2.5. If, for reasons on Purchaser’s side, goods must be delivered repeatedly or in a way different from that stated in the order, Purchaser shall reimburse Seller for the costs connected with the repeated delivery of the goods, or for the costs connected with another method of delivery.
3.2.6. If Purchaser does not collect goods which he has previously ordered, Operator shall not be obliged to send any newly ordered goods which have not been paid by Purchaser by that time to Purchaseror he may require payment in advance.
3.2.7. Entitlement to transport of goods for free have only such customers who order goods above a minimal price or for other reasons determined by Seller.
4.1. Withdrawal from Purchase Agreement by Purchaser
4.1.1. If Purchase Agreementis concluded with the help of means of distance communication (via Internet store), Consumer has in accordance with Sec. 1829 et seq.of the Civil Codethe right to withdraw from the agreement without stating a reason and without any sanction within 14 days of the takeover of the goods.
4.1.2a. If Consumer in the legal period of 14 days notifies Operator that he withdraws from the agreement, Purchase Agreement shall be cancelled ex tunc.
4.1.2b. In the case of a subsequent replacement, the goods shall be undamaged, unused and labels should not be removed. Purchaser has the right to try the goods to the same extent as in the case of purchase in bricks-and-mortar shop.
4.1.3. In the case that Consumer withdraws from Purchase Agreement within the legal period of 14 days and the returned goods are not completeor they are provably used or damaged, Operator has entitlement against Consumer to damages, or to the amount corresponding to the reduced value of the price of the returned goods, Consumer/Purchaser hereby agrees with that. In such case, Operator shall return to Consumer the purchase price reduced in that way. If goods are further unsaleable (e. g. if they are destroyed or damaged to a great extent), the claim of Operator may be the amount corresponding to the full price of the goods, Consumer hereby acknowledges it and agrees with it.
4.1.4. Consumer acknowledges that pursuant to Sec. 1837 of the Civil Code of the Czech Republic he may not withdraw from Purchase Agreement in the cases stipulated thereby, in particular in the case of delivery of goods which were customised or personalised. Mainly this is the case of print on the textile per Purchaser’s request.
4.1.5. When exercising the right to withdraw from the agreement within the legal period of 14 days, Purchaser shall be obliged to send the goods for their replacement so that they reach Seller 14 days of the withdrawal of the agreement.
4.1.6. Seller shall return the money to Purchaser not later than within 14 days of the withdrawal from the agreement.
4.1.7. If Consumer withdraws from Purchase Agreement legitimately, with regard to the paragraph 4.1.9, Operator shall without undue delay, not later than within 14 days of the withdrawal of the agreement, return to Consumer all the money including the costs of delivery of the goods in the amount corresponding to the cheapest offered method of delivery of the goods.
4.1.8. If Consumer withdraws from Purchase Agreement, Operator shall not be obliged to return the received money to Consumer prior to handover of the goods by Consumeror proving that he has sent the goods to Operator.
4.1.9. If Purchaser withdraws from Purchase Agreement illegitimately and despite that fact he sends the goods to Operator, the goods shall not be taken over, or they shall be sent back at Purchaser’s expenses and in the case of provable return of the undeliverable consignment destroyed by Operator without entitlement of Purchaser to return of the purchase price, Purchaser hereby agrees with it.
4.1.10. Although Operator takes care of up-to-dateness of his stock and good supplying, exceptionally situations when he will not be able to deliver the ordered goods under the conditions stipulated in Purchase Agreement may occur. Operator reserves the right to withdraw from Purchase Agreement in such cases and Purchaser agrees with this action for such exceptional cases.
4.1.11. If Operator withdraws from Purchase Agreement, he shall inform Purchaser without delay to his electronic address stated by Purchaser at the time of creation of his order. Further, he shall return to Purchaser the full purchase price of the goods, if it has been already paid to him, or price reduced in accordance with these Commercial terms and Conditions as the case may be.
5.1. The rights and obligations of the contractual parties concerning their rights arising from a defective performance shall be governed by applicable generally binding regulations (in particular Sec. 1914 to 1925, Sec. 2099 to 2117 andSec. 2161 to 2174 of the Civil Codeof the Czech Republic) and the Act on Consumer Protection.
5.2. Seller shall be liable to Purchaser that the goods at the time of their takeover are without defects. In particular, the Seller shall be liable to Purchaser that at the time of takeover of the goods by Purchaser:
the goods have the properties which were agreed between the contractual parties, and if there is no such agreement, the goods have the properties which were described by Selleror the producer or which may be generally expected by Purchaser with regard to the nature of the goods and based on the advertising carried out by them,
the goods are suitable for the purpose which is specified by Sellerfor their use or for which the goods of such type are usually used,
5.3. Consumer may assert his right from adefect which occurs in the case of consumer goods within the time period stipulated by law, i. e. within 24 months of their takeover. If a defect reveals within 6 months of the takeover, it shall be deemed that the goods were defective at the time of their takeover; after expiry of these 6 months, Purchaser must prove his claim that the defect existed at the time of the takeover.
5.4. The rights arising from a defective performance may be asserted by Purchaser against Seller at the address of his establishment (collection point). The moment when Seller receives the goods complained about from Purchaser shall be considered to be the moment of lodging the complaint.
5.5. When asserting the right arising from a defective performance, Purchaser shall be obliged to prove conclusion of Purchase Agreement. Operator recommends for this purpose submittingin particular aconfirmation of the purchase (invoice, receipt).
5.6. Purchaser shall be obliged to assert a defect with respect to Seller, i. e. provide him with description of the defect of the goods due to which he complaints about the goods.
5.7. Purchaser shall not have the right arising from a defective performance if, before the takeover of the thing, he was aware that the thing had a defect, or if it was caused by Purchaser himself, or if it was caused by a third person other than Seller and without Seller being at fault.
5.8. A complaint lodged byConsumer including removal of the concerned defect shall be settled by Seller without undue delay, not later than within 30 calendar days of the day when the complaint was lodged, unless Seller and Consumer agree on longer time period.
5.9. If Operator does not reject the complaint, he shall issue a confirmation of receipt of the complaint to Purchaser, which shall contain among others identification of Operator and Purchaser, what is the subject of the complaint according to Purchaser, what way of settlement of the complaint is preferred by Purchaser, the date and place of receipt of the complaint and signature of an employee of Operator.
5.10. Consumer shall be entitled to reimbursement for the reasonably incurred costs connected with the asserting of his right arising from a defective performance.
5.11. Operator shall notify Purchaser of the fact that the complaint has been settled and in what way to his electronic address which was stated by him at the time of lodging the complaint or through another contact detail through which it is possible to notify Purchaser of the settlement of the complaint. Operatorshall state a time limit for collection of the goods complained about in that notification.
5.12. If Purchaser does not collect the goods complained about within the time limit stated by Operator, Operator may charge reasonable storage fees. Purchaser who lodged the complaint shall collect in such case the goods he complained about within 14 days of the moment when he is notified that the concerned goods are prepared for collection/handover. Upon expiry of this time limit Operator shall commence charging the storage feesin the amount of 1,-CZK per day.
5.13. Operator shall not be liable for any lost, injuries or damage to property, whether direct or indirect, caused by a defect of the delivered goods unless such lost, injury or damageto property are caused by negligence, omission or intention of Operator.
6.1. Handling personal data of Purchaser is subject to regulation of the Act No. 101/2000 Coll., on Personal Data Protection and on Amendment of Certain Acts, as amended, and other applicable legislation, as well as the Regulation (EU) 2016/679 (as known as GDPR).
6.2. Purchaser agrees with the processing of his personal data which mean his given name and surname, address of his residence, identification number, taxidentification number (entrepreneurs, VAT payers), electronic address, sex, bank account number and phone number and he grants his consent to collecting and processing of his personal data by Operator for the purposes of exercise of the rights and obligations under Purchase Agreement.Also designatedby the Regulation (EU) 2016/679 (GDPR) as a legitimate interest.
6.3. Personal data provided under Point 6.2 are provided to third persons in compliance with the aforesaid acts and regulations. They are namely provided to contractual carriers (according to the up-to-date offer of delivery possibilities in the section Transport – for the purpose of delivery of the goods ordered by a customer. Further, they are provided to the company Accounting for Europe spol. s.r.o.for the purpose of accounting. Further, authorised employees of the company who ensure fulfilment of Purchase Agreement for the purpose of securing rights and obligations arising from the agreement have access to the information. Such employees are strictly instructed by Operator and trained in handling personal data in compliance with applicable legal regulations.
6.4. Operator declares that he has concluded a processor agreement in compliance with current legal requirements with all providers of services to whom personal data concerning Purchasers, which are necessary for securing exercise of the rights and obligations under Purchase Agreement,are provided (See Point 6.3).
6.5. Purchaser acknowledges that he is obliged to state his correct and true personal data and that he is obliged to notify Seller of any change in his personal data without undue delay.
6.6. Personal data shall be processed for as long as necessary in electronic form by automated means or in printed form by non-automated means.
6.7. If Purchaser considers that Seller or a processer processes his personal data in contradiction to the protection of his private or personal life or in contradiction to law, in particular if his personal data are inaccurate with regard to the purpose of their processing, he may:
request an explanation from Seller or the processer,
request a rectification of such state from Seller or the processer.
6.8. If Purchaser asks for information about the processing of his personal data, Seller shall provide him with the information.
6.9. If any leak of the data occurs, Operator shall notify Purchaser of circumstances of the leak of data without delay and provide him with the information about the affected data.
6.10. Purchaser agrees with storage of so called cookies in his computer. Through setting of his web browser, Purchaser may delete individual cookies manually, block them or forbid them completely. Individual cookies may be also blocked or allowed only for specific websites. Details are contained in the Principles of Using Cookie Files.
7.1. The communication language between the Operator and the Purchaser and the language of Purchase Agreement is Czech language. The concluded Purchase Agreements are archived by Operator in electronic form and they are not accessible to third persons, at the same time they are used in printed form on invoices and they are used exclusively for the needs of accounting.
7.2. If any provision here of is for any reason invalid or ineffective, invalidity or ineffectiveness of other parts of Commercial Terms and Conditions or Purchase Agreement shall not be caused by that fact.
7.3. The wording of Commercial Terms and Conditions may be changed or supplemented by Operatorat any time. The amended Commercial Terms and Conditions shall come into force as of the day of their publishing. The rights and obligations of Operator and Purchaser which arose prior to the day of effectiveness of the new version of Commercial Terms and Conditions shall not be affected by the amendment.
7.4. In case that the relationship established by Purchase Agreement includes an international (foreign) element, the contractual parties stipulate that the relationship shall be governed by Czech law, with the exclusion of all conflict-of-law rules. This shall not affect the rights of Consumer arising from generally binding legal regulations.
7.5. Seller is authorised to sell goods on the ground of his trade licence. The trade inspection is carried out by the competent trade licencing office within its competence. The supervision over the area of protection of personal data is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs to a determined extent among others supervision over compliance with the Act No. 634/1992 Coll., on Consumer Protection, as amended.
In Prague, on 15 April 2018