General Terms and Conditions
Business conditions of Handicap Fitness s.r.o.,
with its registered office at Žirovnická 3133/6, 106 00, Prague 10 – Záběhlice, ID: 08870719,
entered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 326 736, hereinafter referred to as www.handicapfitness.cz or the seller
These general business conditions (hereinafter referred to as “business conditions”) were prepared in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter “Trademark”) and Act No. 634/1992 Coll., On consumer protection, as amended (hereinafter referred to as the “Act”), and other effective legal regulations.
The customer of the shop www.handicapfitness.cz is either: (i) a consumer within the meaning of § 2 par. a) of the Act, (ii) an entrepreneur who acts within the scope of his business activities when concluding and fulfilling the contract, or (iii) a state administration or self-government body (these three types of customers are hereinafter referred to as “buyers”). The business conditions do not apply to cases where a person who intends to purchase goods from the seller acts in the course of his business.
The business conditions regulate, in accordance with the provisions of § 1751 par. 1 of the Civil Code, mutual rights and obligations arising in connection with or on the basis of a purchase contract concluded between the seller and the buyer through the seller’s business. The shop is operated by the seller on a website located at the Internet address https://www.handicapfitness.cz.
By concluding the purchase contract, the buyer agrees with the terms and conditions and the complaint procedure, which is an integral part of these terms and conditions and confirms that he is duly acquainted with them. The buyer is sufficiently informed of these terms and conditions of the complaint procedure before concluding the purchase contract and has the opportunity to become acquainted with them.
Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
When concluding and fulfilling the purchase contract, the seller acts within the scope of its business activities. The seller is an entrepreneur who directly or through other entrepreneurs supplies the buyer with goods or services.
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 period of validity of the previous version of the terms and conditions.
The proposal for concluding a purchase contract (offer) is the placement of the offered goods by the seller on the website. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer’s e-mail address. The resulting contract may be amended or terminated only by agreement of the parties or on legal grounds. Among other things, the seller reserves the right to cancel the order or part thereof before concluding the purchase contract in the following cases: the goods are no longer produced or delivered or the price of the supplier of the goods has changed significantly. If the buyer has already paid part or all of the purchase price, this amount will be refunded.
Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order. The buyer sends the order to the seller by clicking on the “Send order” button.
Gifts that are provided completely free of charge cannot be subject to any rights of the buyer (consumer). Such goods meet the conditions of the gift contract and are governed by applicable law. The gift contract is concluded between the seller and the buyer with the untying condition that if the buyer withdraws from the purchase contract within 14 days according to § 1829 paragraph 1 of the Trademark, he is obliged to return the gifts together with the purchased goods to the seller.
The seller reserves the right to cancel the order for goods marked with the term “Currently unavailable” if the goods can no longer be delivered or replaced with another model or if its price has changed significantly and the buyer does not accept this before the purchase contract. The seller informs the buyer about this situation. If part or all of the order has been paid, the buyer will be refunded the money.
The seller reserves the right to supply fitness machines and other equipment such as accessories (discs, dumbbells, one-handed dumbbells, kettlebells, adapters, gym balls, axles, and other goods related to fitness center equipment, but especially the supply of refurbished machines to order, so-called. turnkey, when the machines are painted and padded in colors and finishes at the customer’s request, delivery time from 3 to 8 months from payment of a full deposit of 50% of the pre-agreed order.This time varies by the number of ordered machines, equipment and accessories.
Defective performance rights
The rights and obligations regarding the rights arising from defective performance are governed by the relevant 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.
The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller replies that at the time the buyer took over the goods:
(a) it has the characteristics agreed upon by the parties and, in the absence of an agreement, those which the seller or the manufacturer has described or expected by the buyer having regard to the nature of the goods and the advertising made by them;
b) the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
c) the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
(d) the goods are in the appropriate quantity, measure or weight; and
e) complies with the requirements of legal regulations.
If the goods do not have the above characteristics, the buyer may also require the delivery of new goods without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the goods, the buyer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect. The buyer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace the part or to repair, he may request a reasonable discount. The buyer is entitled to a reasonable discount even if the seller cannot deliver new goods without defects, replace the part or repair it, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy to the buyer (consumer) would cause significant difficulties.
The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the goods that he had a defect, or if the buyer caused the defect himself.
Article III. paragraph 2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed; wear and tear of the goods caused by their normal use; in the case of second-hand goods, to a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this follows from the nature of the goods.
In the event of unreasonable withdrawal from the contract by the buyer, the seller is entitled to compensation for damages in full, especially when the equipment was made to order, ie on a turnkey basis or at the customer’s request.
Other rights and obligations of the parties related to the seller’s liability for defects are regulated by the seller’s complaint procedure.
Right of withdrawal
If the purchase contract is concluded by means of distance communication (in the online store), the buyer has the right to withdraw from the contract within 14 days of receipt of the goods without giving a reason in accordance with the provisions of § 1829 par.
Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous paragraph, and the buyer states in it that he withdraws from the contract ideally with the order number, date of purchase and, if applicable, account number for a refund.
Withdrawal from the purchase contract may be sent by the buyer to the address of the seller’s registered office or business premises or to the seller’s e-mail address email@example.com.
In the event that the buyer withdraws from the contract in accordance with the preceding paragraphs, the seller will return the funds received from the buyer (except for the amount representing additional delivery costs incurred as a result of the buyer’s chosen method of delivery, other than the cheapest standard delivery method offered by the seller) to 14 days from the withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer, unless the buyer specifies otherwise. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in any other way, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
In accordance with the provisions of § 1833 of the Civil Code, the seller may offset the reduction in the value of the returned goods against the purchase price to be returned to the buyer.
The buyer has no right to withdraw from the contract in accordance with the provisions of § 1837 of the Civil Code, in particular, in the case of contracts:
a) on the provision of services, if they were fulfilled with his prior express consent before the expiry of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract,
b) the supply 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 period for withdrawal from the contract,
c) c) on the supply of alcoholic beverages, which may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller,
d) on the delivery of goods which have been modified according to the wishes of the buyer or for his person,
e) the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery,
(e) repair or maintenance carried out at a place designated by the buyer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
f) on the delivery of goods in a closed package, which the buyer has removed from the package and for hygienic reasons it is not possible to return (eg razors, epilators, etc.),
g) on the delivery of an audio or video recording or a computer program, if it has violated their original packaging,
h) on the delivery of newspapers, periodicals or magazines,
i) on accommodation, transport, meals or use of free time, if the seller provides these services within the specified period,
(j) concluded on the basis of a public auction in accordance with the law governing public auctions, or
k) on the 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 informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract.
l) In the event of unreasonable withdrawal from the contract by the buyer, the seller is entitled to compensation for damages in full, especially when the equipment was made to order, ie on a turnkey basis or at the customer’s request.
In the event of withdrawal from the contract, the buyer shall bear the costs associated with the return of goods and, in the case of a contract concluded by means of distance communication, the cost of returning the goods if these goods cannot be returned by ordinary mail.
Pursuant to Act No. 112/2016 Coll., On the Registration of Sales, as amended (hereinafter referred to as the “Act on the Registration of Sales”), the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
The seller issues receipts in accordance with the Act on the Registration of Sales in electronic form sent by e-mail or in paper form, depending on the chosen payment method and method of transport.
Costs of using means of distance communication
The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.
The handling of buyer’s complaints is provided by the seller via the electronic address firstname.lastname@example.org Information on the handling of the buyer’s complaint will be sent by the seller to the buyer’s electronic address.
How the seller processes the buyer’s personal data is described in the section Personal data protection of customers. The buyer acknowledges that he is obliged to state his personal data correctly and truthfully and that he is obliged to inform the seller without undue delay of any change in his personal data. The buyer confirms that the personal data provided is accurate.
The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with the Act.
These terms and conditions apply as stated on the website of the seller,
the day of concluding the purchase contract. After its confirmation, the buyer’s order is archived as a concluded contract between the buyer and the seller for the purpose of its fulfillment and further records, and its status is accessible to the buyer. The contract can be concluded in the Czech language, or
• in other languages, unless this is a reason for not being able to close it.
In the event of a dispute between the buyer (consumer) and the seller, the buyer (consumer) may also use the possibility of out-of-court settlement of the dispute. In such a case, the buyer (consumer) may contact the subject of out-of-court settlement of the dispute, which is the Czech Trade Inspection Authority (http://www.coi.cz) and proceed according to the rules specified therein. More information
Out-of-court dispute resolution can also be found on the website of the Czech Trade Inspection Authority. It is also possible to start ADR via the online form at https://webgate.ec.europa.eu/odr/.
These terms and conditions are for purchase in online stores operated by Handicap Fitness s.r.o. valid and effective from 3 March 2020.