Yoga concept s.r.o.,
a registered company,
address: Jana Černého 545/48, 503 41 Hradec Králové
IČO: 053 45 073,
incorporated in the Commercial Register kept by the Regional Court in Hradec Králové, File No C 37635,
licensed to online sales in an online shop.
1. INTRODUCTORY PROVISIONS
- These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are apply when you access the website operated by Yoga concept s.r.o., Jana Černého 545/48, 503 41 Hradec Králové, IČO: 053 45 073, incorporated in the Commercial Register kept by the Regional Court in Hradec Králové, File No C 37635 (hereinafter referred to as the Seller) and stipulate in compliance with the provisions of Section 1751, Clause 1 of Act No. 89/2012 the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations between the Buyer (hereinafter referred to as the “Buyer”) and the Seller arising in connection with or on the basis of the Purchase Agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Buyer and the Seller through the Seller’s online shop. The online shop is operated at www.yogastore.cz and www.yogastore-shop.com (hereinafter referred to as the 'Online shop') via an online shop interface (hereinafter referred to as the 'Online Shop Interface').
- The Terms and Conditions do not apply when the Buyer is an entrepreneur who purchases products from the Seller to gain profit.
- Provisions that are discrepant from the Terms and Conditions may be stipulated in the Purchase Agreement. The provisions in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.
- The provisions of the Terms and Conditions form an integral part of the Purchase Agreement.
- The Seller reserves the right to change or modify the Terms and Conditions. This provision does not affect the rights and obligations that arose when the Terms and Conditions took effect.
2. USER ACCOUNT
- After registering for a user account at the Seller's web page, the Buyer can access his or her user interface. The Buyer can use this user account (hereinafter referred to as the 'User Account') to order products. If the Online Shop Interface permits, the Seller may order products via the Online Shop Interface without registration.
- When registering for the User Account and ordering products, the Buyer is obliged to provide correct and true information. Should the information provided in the registration for the User Account change, the Buyer is obliged to update it. The Seller considers the data stated by the Buyer in the User Account and in orders to be correct and true.
- The access to the User Account is protected by a user name and a password. The Buyer is responsible for maintaining the confidentiality of his or her login data.
- The Buyer is not allowed to confide his or her User Account to third parties.
- The Seller is entitled to cancel the User Account, particularly if the Buyer has not used the User Account for a period of time exceeding one year, or if the Buyer has breached the obligations arising from the Purchase Agreement (including the Terms and Conditions).
- The Buyer acknowledges that the User Account may not be accessible at all times as the Seller's equipment or the equipment of third parties may require necessary hardware and software maintenance.
3. CONCLUSION OF SALES AND PURCHASE AGREEMENT
- The presentation of all items in the Online Shop Interface is informative and the Seller is not obliged to conclude a purchase agreement regarding these items. The provisions of Section 1732, Clause 2 of the Civil Code are not applicable.
- The Online Shop Interface contains information about products, including their prices and costs related to returns, should the usual return shipment method not be possible. The product prices are inclusive of VAT and other related fees. The prices remain valid as long as they are displayed on the Online Shop Interface. This provision does not prevent the Seller from concluding the Purchase Agreement under individually negotiated Terms and Conditions.
- The Online Shop Interface also contains information about fees pertaining to packing charges and shipping costs.
- To order products, the Buyer must fill out the order form in the Online Shop Interface. The order form contains information about:
- Ordered products (the Buyer adds the products that he or she wants to order into the shopping cart in the Online Shop Interface.)
- Payment and shipping method
- Information about shipping costs (hereinafter referred to collectively as the “Order”)
- Prior to sending the Order to the Seller, the Buyer is allowed to check and modify the data entered in the Order, including the possibility to discover and correct any errors that might have been committed when the data were entered in the Order. The Buyer sends the Order to the Seller by clicking "CONFIRM ORDER". The data contained in the Order are considered correct. Upon receiving the Order, the Seller immediately informs the Buyer via an e-mail that the Order has been received. The confirmation will be sent to the email address that has been entered by the Buyer in the User Account or the Order (hereinafter referred to as the “Buyer's email address”).
- Depending on the character of the Order (quantity, weight, purchase price, expected shipping costs and packing charges), the Seller is entitled to demand an additional order confirmation from the Buyer (in writing or by telephone).
- The contractual relationship between the Seller and the Buyer comes into effect upon the receipt of the Order (and its acceptance), which is sent to the Buyer by email to his or her email address.
- The Buyer agrees to use means of remote communication when concluding the Purchase Agreement with the Seller. The Buyer shall cover all and any costs incurred by the Buyer when using remote means of communication (costs of internet connection, costs of phone calls, etc.). These costs do not differ from the standard rates.
4. PRICE AND PAYMENT TERMS
- When placing the Order, the Buyer can select from the following payment methods to pay the purchase price of the products and other costs:
- non-cash payment via ThePay;
- non-cash card payment;
- In addition to the purchase price, the Buyer is obliged to also pay the agreed price of the shipping costs. Unless otherwise stated, hereinafter the purchase price includes the shipping costs.
- The Seller does not require any deposit from the Buyer. The Seller is authorised to demand that the Buyer pays the entire purchase price and other costs before sending the goods to the Buyer, as stated in Section 4.6.
- In the event of a non-cash payment, the purchase price is due for payment with 7 days after the conclusion of the Purchase Agreement. The Buyer is obliged to use a relevant variable symbol.
- In the event of a non-cash payment, the Buyer’s obligation to pay the purchase price is met when the respective amount is charged to the Seller's bank account.
- The Seller can at any time require an advance payment of the full purchase price before the Order is shipped, particularly if the Buyer hasn't confirmed the Order (Section 3.6). The provisions of Section 2119, Clause 1 of the Civil Code are not applicable.
- Offers and discounts offered by the Seller to the Buyer cannot be combined.
- If it is customary or defined by regulations, the Seller shall issue a tax document (invoice) to the Buyer for the payment that is based on the Purchase Agreement. The Seller is a VAT payer. The invoice is issued by the Seller after the purchase price has been paid and sent to the Buyer's email address.
- Pursuant to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. Sales must be registered to the tax authority online; in case of a technical failure this must be done within 48 hours.
5. WITHDRAWAL FROM THE SALES AND PURCHASE AGREEMENT
- The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code it is not possible to withdraw from the Purchase Agreement concerning a product that was customised for the Buyer, or a product that is subject to spoiling and decay, or a product that has been mixed irrecoverably with other products, or a product that has been removed from its original packaging and cannot be returned for hygienic reasons, or a product that contains an audio or video recording or a PC program whose original packaging has been damaged. .
- Should the withdrawal from the Agreement not concern any of the cases described in Section 5.1. or any other case in which it is not possible to withdraw from the Agreement, the Buyer is, pursuant to the provisions of Section 1829, Clause 1 of the Civil Code, entitled to withdraw from the Purchase Agreement within fourteen (14) days from receiving the product. A notice of withdrawal from the Purchase Agreement must be sent to the Seller within the period of time mentioned in the previous sentence. To withdraw from the Agreement, the Buyer may use the sample form provided by the Seller, which can be found attached to the Terms and Conditions. The notice of withdrawal from the Agreement can be sent to the Seller's email address or by mail to the address of the Seller's place of business.
- In the event of a withdrawal from the Purchase Agreement described in Section 5.2, the Purchase Agreement shall thereupon become null and void from the beginning. The purchased products must be returned to the Seller within fourteen (14) days from the day on which the Buyer has withdrawn from the Agreement. Should the Buyer withdraw from the Purchase Agreement, he or she shall cover the costs related to returning the products to the Seller, even if the nature of the products prevents them from being returned via the usual postal services.
- In the event of a withdrawal from the Purchase Agreement described in Section 5.2, the Seller shall thereupon refund the Buyer within fourteen (14) days from the day on which the Buyer has withdrawn from the Agreement, using the same payment method that the Buyer used to purchase the product, or using a different payment method if the Buyer agrees and if it doesn't result in additional expenses to the detriment of the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to refund the Buyer before the Buyer returns the product or proves that he or she has sent the product to the Seller.
- The Seller is entitled to financial compensation for damage to the product. The compensation can be deducted from the Buyer's refund.
- If the Buyer is entitled to the right to withdrawal from the Purchase Agreement pursuant to the provisions of Section 1829, Clause 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement until the product is received by the Buyer. In that case, the Seller refunds the Buyer without delay to the Buyer's account.
- If the Buyer is along with the purchased goods given a gift, the gift agreement between the Seller and the Buyer is concluded with a resolutive condition that in case of a withdrawal from the sales and purchase agreement, the deed of the gift is void and the Buyer is required to return the provided gift to the Seller along with the goods.
6. TRANSPORT AND DELIVERY
- If the shipping method has been specially arranged on the basis of the Buyer’s special request, the Buyer shall bear the risk and be responsible for potential additional costs arising from the respective shipping method.
- If the Seller must under the conditions of the Purchase Agreement deliver the goods to the address designated in the order by the Buyer, the Buyer is obliged to accept the goods on delivery.
- If the goods need to be delivered repeatedly or by any other means than those specified in the Order for reasons on the Buyer's part, the Buyer is obliged to pay the costs associated with repeated delivery or the costs associated with other means of delivery.
- When receiving the goods from the carrier, the Buyer is obliged to check the packaging for damages, and in the case of any defects immediately notify the carrier. In the case that the package is damaged and shows signs of unauthorized access, the Buyer may refuse to accept the package from the carrier.
- Other rights and obligations pertaining to the transportation of goods may be stipulated in specific delivery terms and conditions issued by the Seller.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
- The rights and obligations of the contracting parties pertaining to defective performance are governed by generally binding legal regulations (particularly the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992, on consumer protection, as amended by later regulations).
- The Seller is liable for the product's flawless condition upon its handover. In particular, the Seller ensures that when the product is handed over:
- it features the properties that have been agreed on by the parties, and if there is no such agreement, it features the properties described by the Seller or the goods' manufacturer, or the properties the Buyer expected it to feature with respect to the nature of the product and in line with the advertising,
- it is suitable to serve the purpose that the Seller claims the product is used for or the purpose for which products of this type are commonly used,
- its quality or design comply with that of a sample that was agreed on or a model product, if the product's quality or design have been determined on the basis of a sample or a model product,
- it is of the required quality, quantity, measure and weight,
- it must meet generally applicable standards.
- The provisions stipulated in Section 7.2. are not applicable in the case that a product is sold at a reduced price due to a defect that has led to an arrangement of a reduced price, in the case of damage caused by normal wear and tear, in the case of used goods with wear and tear which corresponds to its use and which was present upon the product's handover, or if it arises from the nature of the product.
- Should the product become defective within 6 months from its handover, it is considered to have been defective at its handover. The Buyer is entitled to claim a liability for a defect within 24 months from the product's handover.
- The Buyer shall claim his or her rights arising from defective performance at the address of the Seller's place of business, where it is possible to accept the Buyer's claim with regard to the Seller's product assortment.
- Other rights and obligations pertaining to the Seller’s liability for defects may be stipulated in specific delivery terms and conditions issued by the Seller.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The Buyer becomes the owner of the product after he or she pays the full purchase price.
- In relation to the Buyer, the Seller is not bound by any code of conduct pursuant to the provisions of Section 1826, Clause 1, letter e) of the Civil Code.
- The Seller attends to the customers' complaints via the Seller's e-mail address firstname.lastname@example.org. The notification of the complaint settlement will be sent to the Buyer's e-mail address.
- The authority qualified to settle Purchase Agreement disputes is the Czech Trade Inspection Authority, address: Štěpánská 567/15, 120 00 Prague 2, Reg. No.: 000 20 869, https://adr.coi.cz. The Buyer may also use an on-line platform for dispute settlement at http://ec.europa.eu/consumers/odr.
- The European Consumer Centre with its registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz is the contact place pursuant to 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 ODR)
- The Seller is authorised to sell products on the basis of his or her trade licence. Trade inspections are carried out by the relevant trade licensing office. Data protection is supervised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises in the determined scope the compliance with Act No. 634/1992 Coll. on consumer protection, as amended.
- The Buyer hereby assumes the risk of a change of circumstances in compliance with the provision of Section 1765 ss. 2 of the Civil Code
9. PERSONAL DATA PROTECTION
- Protection of the personal data of the Buyer who is a natural person is controlled by Act No. 101/2000, on personal data protection, as amended by later regulations.
- By accepting the Terms and Conditions, the Buyer agrees to the processing of the following personal data: name and surname, residential address, company registration number, tax identification number, email address, telephone number (hereinafter referred to collectively as the “personal data”).
- The Buyer agrees to his or her personal data processing for the purpose of implementation of the rights and obligations arising from the Purchase Agreement and for the purpose of the User Account administration. If the Buyer does not choose otherwise, he or she also agrees to his or her personal data processing for the purpose of newsletter delivery. A consent to data processing in the extent of this paragraph is not, by itself, a condition that would render the conclusion of the Purchase Agreement impossible.
- The Buyer takes into account that he or she is obliged to provide correct and true personal data (during the process of registration, in his or her User Account, during the process of ordering products in the Online Shop Interface) and that he or she is obliged to immediately inform the Seller of any changes in his or her personal data.
- The Seller may assign a third party as a processor of the Buyer's personal data. With the exception of the persons delivering the goods, the Seller shall not disclose the Buyer’s personal data to third parties without the Buyer’s consent.
- The Buyer's personal data shall be processed for an indefinite period of time. The Buyer's personal data shall be processed electronically in an automated way or in a printed form in a non-automated way.
- The Buyer confirms that the personal data he or she has provided are accurate and that he or she has provided the personal data voluntarily.
- Should the Buyer assume that the Seller or the processor (Section 9.5.) have processed the Buyer's personal data out of keeping with the law or protection of the Buyer’s personal and private life, when the personal data is processed inaccurately with respect to the processing purpose, the Buyer can:
- demand an explanation of such actions from the Seller or the processor,
- ask the Seller or the processor to eliminate this state of affairs by taking relevant measures.
- If the Buyer requests information about the processing of his or her personal data, the Seller is obliged to provide such information to the Buyer. The Seller has the right to demand adequate compensation for the provision of such information.
10. BUSINESS MESSAGES AND COOKIES
- The Buyer agrees to being sent information concerning the Seller's products, services and business to the Buyer’s email address, and he or she also agrees to being sent business messages by the Seller to the Buyer’s email address.
- The Buyer agrees to storing cookies in his or her computer or device. In the case that it is possible to purchase goods and to fulfil the Seller's obligations without storing cookies in the Buyer's computer or device, the Buyer is entitled to recant the consent stipulated in the previous sentence.
11. BUSINESS COMMUNICATION
- The Buyer agrees to being sent business messages by the Seller to the Buyer’s email address.
12. FINAL PROVISIONS
- If the contractual relationship contains an international (foreign) component, the parties agree that the contractual relationship is regulated by the Czech law.
- Section 12.1 does not affect the consumer's rights emerging from 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).
- If one of the provisions of the Terms and Conditions is not valid or effective, or if it is expected to become such, another provision that is the most similar to this one comes into force. Invalidity or ineffectiveness of one provision does not affect the validity of other provisions.
- The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The sample form for a withdrawal from the Purchase Agreement is attached to the Terms and Conditions
- The Seller's contact information: shipping address: Yoga Store, Wonkova 1254/5, 500 02 Hradec Králové, email address: email@example.com, telephone number: +420 775 650 105.