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General business terms and conditions
of Ondřej Diviš, natural person doing business under Act No. 455/1991 Coll., The Trades Licensing Act, as amended, for the sale of goods via e-shop established at www.xuptrainer.com executed pursuant to Act No. 89/2012 , Civil Code, as amended (hereinafter referred to as the "Civil Code”) and Act No. 634/1992 Coll., On Consumer Protection, as amended (hereinafter the "Consumer Protection Act”), and other applicable regulations (hereinafter referred to as "Terms and Conditions").
1. INTRODUCTORY PROVISIONS
1.1. These business conditions of Ondřej Diviš, natural person doing business under Act No. 455/1991 Coll., Trade Licensing Act, company reg. no. 74653571, with the registered office at Bohouňovice II 51, Horní Kruty, 28163, Czech Republic (hereinafter referred to as "Seller") regulate in accordance with the provisions of Section 1751 (1) of the Civil Code, the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the seller and another natural person - the consumer pursuant to § 2 par. a) of the Consumer Protection Act (hereinafter referred to as the "Buyer") via Seller's e-shop. The e-shop is operated by the Seller on a website located on the domain www.xuptrainer.com (hereinafter referred to as the "Website") through the website interface (hereinafter referred to as the "Web Interface").
1.2. The Terms and Conditions apply to all orders made via the Website, the mobile version of the Website, the mobile application, or by telephone. The Terms and Conditions do apply appropriately in cases where a person intending to purchase goods in position as the Buyer from the Seller is a legal entity or natural person acting in the course of doing business.
1.3. By ordering the goods on the Website, you agree to the Terms and Conditions and acknowledge that you are familiar with their wording.
1.4. The Seller and the Buyer may negotiate different arrangement which differs from provisions hereof in the Purchase Contract. Different arrangements in the Purchase Contract shall prevail over any provisions hereof.
1.5. The provisions hereof constitute an integral part of the Purchase Contract. The Terms and Conditions are executed in the Czech and English language as well as the Purchase Contract may be executed in the Czech and English language, anyway in case of variencies, the Czech version shall prevail.
1.6. The Seller is entitled to amend or supplement the Terms and Conditions any time. The version of the Terms and Conditions, which is published on the website at the time of the execution of an order shall apply thereto.
2. USER ACCOUNT
2.1. Upon registration of the Buyer on the Website, the Buyer can access the its userinterface. From individual user interface, the Buyer may order goods (hereinafter referred to as "User Account"). In case the Web Interface allows it, the Buyer can also order goods directly from the Web Interfacewithout any registration .
2.2. When registering on the Website and when ordering goods, the Buyer is obligated to provide correct and true information. The Buyer is obligated to update any change to the data provided in the User Account. The information provided by the Buyer in the User Account and in the order of goods are deemed to be considered by the Seller as being correct.
2.3. User Account access is secured by username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his User Account.
2.4. The Buyer is not entitled to allow third parties to access his/her User Account. All instructions and orders made through a User Account are deemed to be made by the Buyer on and in his behalf.
2.5. The Seller may cancel the User Account without any compensation to the Buyer, especially if the Buyer does not use his / her User Account for more than 24 months or if the Buyer breaches his / her obligations under the Purchase Contract (including Terms and Conditions) or if the Buyer uses the User Account for a purpose other than the conclusion of Purchase Contracts.
2.6. Buyer acknowledges that the User Account may not be available nonstop, especially with regard to the necessary maintenance of hardware and software of the Seller and/or necessary maintenance of hardware and software of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of goods in the Web Interface of the e-shop is deemed informative and the Seller is not obligated to conclude a Purchase Contract regarding the goods. Section 1732 (2) of the Civil Code does not apply. The fact that the goods are advertised on the Seller's website does not imply or warrant that such goods are available. The Seller has the right to recall any product at any time.
3.2. The Web Interface of the store-shop contains information about the goods, including price and description of main features thereof. Prices of goods are final including all related fees. Prices of goods are valid as long as they are displayed in the Web Interface. This provision does not limit the Seller's ability to conclude a Purchase Contract under individually agreed conditions.
3.3. The Web Interface also contains information on the costs associated with packaging and delivery of goods that are valid for delivery within the territory of the Czech Republic and for foreign countries listed in the " Shipping abroad" list. The Buyer acknowledges that these costs are set by a third party (e.g. postal service provider) and the Seller is therefore not liable for any change there of made by the third party between the conclusion of the Purchase Contract and the dispatch of the goods. In case of a such cost increase, the Buyer is obligated to pay for the increased costs of packing and delivery of goods.
3.4. To order the goods, the Buyer fills in the order form in the Web Interface of the eshop. In particular, the order form contains information about:
3.4.1. ordered goods (the Buyer inserts the ordered goods into the electronic shopping cart of the Web Interface of the eshop),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
3.4.3. information on the cost of delivering the goods (hereinafter jointly referred to as "Order").
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order by the Buyer, even with regard to the possibility of the Buyer to detect and correct errors in entering data into the Order. The Buyer sends the Order to the Seller by clicking on the " confirm and complete my order " button. The data listed in the Order are deemed to be considered by the Seller as correct. Seller confirms immediately the Order by e-mail, to the e-mail address of the Buyer specified in the User Account or in the Order (hereinafter referred to as "Electronic Address of the Buyer"). The confirmation will be in the language of the Order and will contain at least the identification of the goods ordered, its quantity, and the purchase price.
3.6. Depending on the character of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example by email or by phone).
3.7. By delivering the Order´s confirmation (acceptance) to the Buyer to the Electronic Adress of the Buyer, the Purchase Contract is concluded. If the Order´s confirmation is not delivered as previously stated to the Electronic Adress of the Buyer (eg for the service provider's technical difficulties), the Purchase Contract is also concluded at the moment of the acceptance of the goods by the Buyer.
3.8. The Buyer agrees to use of means of distant communication for conclusion of the Purchase Contract. The costs incurred by the Buyer when using means of distant communication in connection with the conclusion of the Purchase Contract (the cost of internet access, the cost of telephone calls) are to be paid by the Buyer, and these costs are not different from the general rate.
4. GOODS PRICE AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the packaging and the delivery of the goods under the purchase contract (hereinafter referred to as the "Purchase Price") may be paid by the Buyer to the Seller only in the following ways:
4.1.1. by cahless bank transfer to the Seller's account. For payments in CZK account no. 2700515901/2010, for payments in EUR to the IBAN account: CZ1020100000002200515913, both accounts at Fio bank Plc (hereinafter referred to as "Seller's Account").
4.1.2. Online payment by credit card.
4.2. The Seller does not require the Buyer to make a deposit or other similar payment. This is without exception to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.3. In the case of bank payment, the Purchase Price is payable within 14 days of the conclusion of the Purchase Contract.
4.4. In the case of bank payment, the Buyer is obligated to pay the purchase price of the goods together with the variable symbol of the payment. The Buyer's obligation to pay the Purchase Price is fulfilled at the moment of crediting the relevant amount to the Seller's Account. The Buyer is obligated to pay the Purchase Price by bank order (if applicable) so that all bank fees for making the payment are borne by the Buyer. Otherwise, the entire Purchase Price shall not be paid.
4.5. The Seller is entitled, in particular if the Buyer does not provide additional confirmation of the Order (Article 3.6), to demand payment of the entire Purchase Price before sending the goods to the Buyer. Section 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 cannot be combined.
4.7. As customary in the course of trade or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice for the payments made under the Purchase Contract to the Buyer. The Seller is not a value added tax payer. The tax document - invoice will be issued by the Seller to the Buyer after payment of the price of the goods and will be sent in electronic form to the Buyer's electronic address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that pursuant to the provisions of § 1837 of the Civil Code, it is not possible to withdrawfrom the purchase contract for the delivery of goods modified according to the Buyer's wish or for the Buyer, from the contract of delivery of perishable goods or if the goods has been irrevocably mixed with other goods upon delivery, from a purchase contract for the delivery of goods in a sealed package which the Buyer has removed from the packaging and cannot be returned for hygienic reasons and from a purchase contract for the delivery of an audio or video recording or a computer program, if the original packaging has been violated.
5.2. If this is not the case referred to in Article 5.1 of the Terms and Conditions or any other case where the Purchase Contract cannot be withdrawn, the Purchaser has the right to withdraw from the Purchase Contract in accordance with § 1829 (1) of the Civil Code, within the period of fourteen (14) ) days from acceptance of the goods, whereas if the subject of the Purchase Contract consists of several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Contract, the buyer may use the template of withdrawal notice provided by the Seller, which is attached to the Terms and Conditions (download). The Buyer may send withdrawal notice from the Purchase Agreement to the Seller's e-mail address xup@xuptrainer.com or to the address of Seller´s registered office.
5.3. In case of withdrawal from the Purchase Contract in accordance with Article 5.2 of the Terms and Conditions, the Purchase Contract is repealedfrom the beginning. The goods must be returned to the Seller to the its registered office address by the Buyer within fourteen (14) days after the delivery of the withdrawal notice to the Seller . If the Buyer withdraw from the Purchase Contract, the Buyer shall borne the costs of returning the goods to the Seller, even if the goods cannot be returned due to its features by usual postal route.
5.4. In the event of concession from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days after withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepts them from the Buyer. The Seller also may return the consideration provided by the Buyer against returning of the goods by the Buyer or in other way, if agreed with the Buyer and with no incurrence of additional costs for the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obligated to return the received funds to the Buyer before the Buyer returns the goods.
5.5. The Seller is entitled to unilaterally set off the claim for damages to the goods against the Buyer's claim for the refund of the Purchase Price.
5.6. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with § 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the goods is acceptedby the Buyer. In such a case, the Seller shall return the Purchase Price to the Buyer without undue delay, by bank transfer to the account specified by the Buyer.
5.7. If a gift is given to the buyer together with the goods, the respective gift contract between the Seller and the Buyer is concluded with the condition precedent that if the buyer withdraws from the purchase contract, the respective gift contract shall be no more effectiveand the buyer is obligated to return with the goods to the Seller the gift as well.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the way of transport is negotiated on the basis of a special request on behalf of the Buyer, the Buyer bears the risk and all additional costs associated with this mode of transport.
6.2. If the Seller is obligated under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obligated to accept the goods upon delivery.
6.3. In case that the goods must be delivered repeatedly or in any other way than stated in the Order for reasons as the result of the Buyer, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively costs associated with other ways of delivery.
6.4. Upon acceptance of the goods from the delivery company, the Buyer is obligated to check the integrity of the packaging of the goods and in case of any defects to notify the delivery company immediately. In case of a breach of the packaging proving the unauthorized entry into the consignment, the Buyer does not have to accept the consignment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be modified by the Seller's special delivery terms if issued by the Seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contractual parties regarding the rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. as amended).
7.2. The Seller is liable to the Buyer that the goods have no defects upon acceptance. In particular, the Seller is liable to the Buyer that at the time the goods were accepted by the Buyer:
7.2.1. the goods have properties that the contractual 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 character of the goods and the advertising performed by the Seller,
7.2.2. the goods are fit for the purpose stated by the Seller or for which goods of this kind are usually used,
7.2.3. 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,
7.2.4. the goods are in appropriate quantity, measure or weight and
7.2.5. goods comply with legal requirements.
7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply tin case of goods sold at a lower price for a defect for which a lower price has been agreed, for wear and tear caused by its normal use; in case of already used goods for defect corresponding to the wear and tear at the time of acceptance of the goods by the buyer, or if it is the character of the goods.
7.4. If a defect occurs within six months afteracceptance, the goods are deemed to have been defective upon receipt. The Buyer - consumer is entitled to use the right from defective performance that occurs in consumer goods within 24 months after acceptance.
7.5. Rights from defective performance are to be asserted by the Buyer at the address of Seller's registered office or electronically at xup@xuptrainer.com. In the case of a defective performance of the goods, the Buyer may request at his own discretion:
7.5.1. defect removal, or
7.5.2. a reasonable discount on the Purchase Price, or
7.5.3. if this is not disproportionate to the nature of the defect, delivery of a new item or new component, if the defect only affects that component, free of defects.7.5.4 if repair or replacement of the goods is not possible, you may request full refund of the purchase price upon withdrawal from the contract.
7.6. The Buyer is obligated to notify the Seller of its choise of right from defective performance at latest together with the defective performance notification,, otherwise the Seller may choose the respective right from defective performance for resolving the claim.
7.7. Other rights and obligations of the parties related to the Seller's liability for defective performance may be regulated by the Seller's complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods against payment of the entire Purchase Price.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 par. 1 letter e) of the Civil Code.
8.3. Consumer´s complaints are handled by the Seller via the e-mail address xup@xuptrainer.com. The Seller shall send the Buyer's complaint to the Buyer's e-mail address.
8.4. The relevant body for alternative dispute resolution of consumer disputes arising from the purchase contract is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs. The on-line alternative 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.
8.5. 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 under the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on consumer odline dispute resolution).
8.6. 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. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, to a limited extent, supervision over compliance with Act No. 634/1992 Coll.
8.7. The Buyer and the Seller hereby assume the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
8.8. The Buyer shall not be liable for any damage or injury caused to the Buyer or a third party as a result of the use of the goods not in accordance with the instructions provided with the goods, the warranty conditions, or if the Buyer uses the goods for a purpose other than that for which it is intended.
8.9. The Seller is entitled to assign or pledge to a third party any claims for payments arising in connection with the delivery of the goods by the Buyer.
8.10. All intellectual property rights to the goods and parts thereof remain the property of the Seller and any use thereof without the Seller's consent other than the personal need of the Buyer is prohibited.
9. DATA PROTECTION
9.1. The Seller´s duty to inform the Buyer in accordance with Article 13 of Regulation (EC) No 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR Regulation”) in relation to the processing of the Buyer's personal data for the purpose of performance of the Purchase Contract, for the purpose of negotiating the Purchase Contract and for the purposes of the Seller's performance of legal obligations is provided by the Seller in a separate document.
10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. Pursuant to § par. 7 law 2 of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer agrees with sending commercial communications by the Seller to the electronic Buyer´s address or to the Buyer's phone number. The Seller delivers his / her information duty to the Buyer within the meaning of Article 13 of the GDPR Regulation in realtion to the processing of the Buyer's personal data for the purpose of sending commercial communications through a separate document.
10.2. Buyer agrees to store cookies on his computer. In case that the purchase on the website and the seller's obligations under the Purchase Contract can be performed, without cookies stored on the Buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
11. DELIVERY
11.1. The Seller can delivere to the Buyer's email address.
12. FINAL PROVISIONS
12.1. If the relationship established by the Purchase Contract contains an international (foreign) element, then the contractual parties agree that the relationship is governed by Czech law. By choosing the right under the preceding sentence, the Buyer who is a consumer is not deprived of the protection conferred by the provisions of the law, which cannot be contractually departed from, and which, in the absence of a choice of law, would otherwise apply under Article 6 (1) of the Regulation. (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, instead of the invalid provision, a provision whose meaning to the invalid provision is as close as possible shall apply. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible to the Buyer.
12.4. Annex to the Business Terms and Conditions forms a template of withdrawal notice for the purchase contract (download).
12.5. Seller's contact details. Delivery address: Ondřej Diviš, Bohouňovice II, č.p. 51, Horní Kruty 281 63, Czech Rep., e-mail address: xup@xuptrainer.com, phone: +420 604 589 946.
Prague, 21.6. 2019
