Terms and Conditions
I. Basic Provision
- These General Terms and Conditions (hereinafter the “Terms and Conditions”) are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)
Business ID No.: 08849102
Tax ID No.: -----------
Based at: Podolská 50, 147 00 Prague 4
registered at the Municipal Court in Prague, file number C 326367
contact details: Radim Niederle, 8. května 913, 787 01 Šumperk, Czech Republic
telephone: 608 887 366
www (hereinafter referred to as the "Seller")
- These terms and conditions regulate the Seller’s mutual rights and obligations and the individual who concludes the purchase agreement outside their business as a consumer or within the course of their business (hereinafter referred to as "the Buyer") through a web interface located on a website available at www.muffik.eu (hereafter referred to as "e-shop").
- The provisions of the Terms and Conditions form an integral part of the purchase agreement. Divergent provisions in the purchase agreement shall take precedence over the provisions of these terms and conditions.
- These terms and conditions and the purchase agreement are concluded in the English language.
II. Product Information and Prices
- Product information including the indication of individual goods prices and its main features are given for individual goods in the e-shop catalogue. Goods’ prices include Value Added Tax, all related fees and the cost of returning the goods in the event that such goods cannot be returned by the normal postal route due to their nature. Goods’ prices remain valid for as long as they are displayed in the e-shop. This provision does not preclude negotiations for the purchase agreement under individually negotiated terms and conditions.
- All goods presentations placed in the e-shop catalogue are of informative nature and the Seller is not obliged to conclude a purchase agreement regarding these goods.
- The e-shop publishes information on the costs associated with packing and delivering goods. Information on costs associated with packing and delivering goods stated in the e-shop is only valid in cases when goods are delivered within the territory of the Czech Republic.
- Possible discounts from the purchase price of the goods cannot be combined, unless the Seller and the Buyer agree otherwise.
III. Order and Conclusion of the Purchase Agreement
- The costs incurred by the Buyer when using means of distance communication in connection with the purchase agreement’s conclusion (costs of internet connection, costs of telephone calls), shall be borne by the Buyer themselves. These costs do not differ from the standard rate.
- The Buyer carried out goods orders in the following ways:
- through their customer account if they have previously registered in the e-shop,
- filling in 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 entered in the order. The Buyer sends the order to the Seller by clicking on the order button. The data listed in the order is deemed correct by the Seller. A condition for the order’s validity is to fill in all required information in the order form and for the Buyer to confirm that they have become familiar with these terms and conditions.
- Immediately after receiving the order, the Seller will send a confirmation to the Buyer regarding receipt of the order to the email address entered by the Buyer when ordering. This confirmation is automatic and is not considered to be the conclusion of an agreement. The Seller’s current business conditions are attached to the confirmation. The purchase agreement is concluded by the Seller after the receipt of the order. The order receipt notification is delivered to the Buyer's email address by the Seller. Immediately after receiving the order, the Seller will send the Buyer confirmation of the order’s receipt to the email address entered by the buyer when ordering. This confirmation shall be deemed to be the agreement’s conclusion The Seller’s current business conditions are attached to the confirmation. The purchase agreement is concluded by the Seller after the receipt of the order.
- In the event that any of the order’s specified requirements cannot be met by the Seller, the Seller will send an amended offer to the Buyer's email address. The amended offer is considered a new draft purchase agreement and the purchase agreement is in such a case concluded by the Buyer confirming acceptance of this offer to the Seller's email address specified in these terms and conditions.
- All orders received by the Seller are binding. The Buyer may cancel the order any time before receiving a notification from the Seller of the order’s receipt. The Buyer may cancel the order by calling the Seller's telephone number or email specified in these Terms and Conditions.
- If there is an obvious technical mistake in the price of goods in the online store or during the ordering process on the Seller’s part, the Seller is not be obliged to deliver the goods to the Buyer for this obviously erroneous price. The Seller shall inform the Buyer of the error without undue delay and send an amended offer to the Buyer's email address. The amended offer is considered a new draft of the purchase agreement and the purchase agreement is in this case is concluded by confirmation of receipt from the Buyer to the Seller’s email address.
IV. Customer's Account
- The Buyer can access their customer account based on their e-shop registration. The buyer can also order goods without registration.
- When registering their customer account and ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account regarding any change. The Buyer’s data provided in their customer account and when ordering goods is considered correct by the Seller.
- Access to their customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their 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 customer account if the Buyer no longer uses their account, or if the Buyer breaches their obligations under the purchase agreement and these terms and conditions.
- The Buyer acknowledges that the customer account may not be available at all times, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or necessary maintenance of third party’s hardware and software.
V. Payment Terms and Conditions and Goods Delivery
- Goods prices and any costs associated with goods delivery according to the purchase agreement can be paid by the Buyer in the following ways:
- bank transfer to the bank account of the Seller No. 291958955 / 0300, kept at CSOB in Šumperk.
- cashless payment card
- cashless transfer to the Seller's account through the payment gateway.
- The Buyer is obliged to pay the Seller for costs associated with goods packaging and delivery together with the purchase price in the agreed amount. Unless expressly stated otherwise below, the purchase price includes the costs associated with goods delivery.
- In the case of cash payment, the purchase price is payable upon receipt of the goods.
- In the case of payment through a payment gateway, the Buyer follows the respective electronic payment provider’s instructions.
- In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's bank account.
- The Seller does not require any advance or other similar payment from the Buyer. Payment of the purchase price before sending the goods is not a deposit.
- Pursuant to the Act on Registration of Sales, the Seller is obliged to issue the Buyer with a receipt. They are simultaneously obliged to register the received revenue online with the tax administrator, within 48 hours at the latest in the event of a technical failure.
- Goods are delivered to the Buyer:
- to the address specified by the Buyer in the order
- The delivery method is selected when ordering the goods.
- The costs of goods delivery are stated in the Buyer's order and in the Seller’s order confirmation, depending on the method of sending and receiving the goods. If the transport mode is negotiated on the basis of the Buyer’s special request, the Buyer bears the risk and possible additional costs associated with this transport mode.
- If, the Seller is obliged to deliver the goods under the Purchase Agreement to a place specified in the Buyer’s order, the Buyer is then obliged to take over the goods upon delivery. If, due to reasons on the Buyer’s part, it is necessary to deliver the goods repeatedly or in a way other than that specified in the order, the Buyer is obliged to pay the costs associated with repeated goods delivery, i.e. the costs associated with another delivery method.
- Upon receiving goods from the carrier, the Buyer is obliged to check the integrity of the goods packaging and notify the carrier immediately in the event of defects. If a defect that indicates unauthorised entry into the consignment is found in the packaging, the Buyer must not accept the consignment from the carrier.
- The Seller shall issue a tax document - an invoice to the Buyer. The tax document is sent to the buyer's email address.
- The Buyer acquires ownership to the goods by paying the full purchase price for the goods, including delivery costs, but first accepting the goods. Liability for accidental destruction, damage or loss of goods shall pass to the Buyer at the moment of the goods acceptance or at the moment when the Buyer was obligated to take over the goods, but did not do so contrary to the purchase agreement.
VI. Withdrawal from the Agreement
- The Buyer who concluded the purchase agreement outside their business as a consumer has the right to withdraw from the purchase agreement.
- The withdrawal period is 14 days
- from the date of goods receipt,
- from the date of receipt of the last delivery of goods, if the subject of the agreement is several types of goods or delivery of several parts
- from the date of receipt of the first delivery of goods, if the subject of the agreement is a regular repeated delivery of goods.
- The Buyer cannot withdraw from the purchase agreement if:
- the provision of services were performed with their prior explicit consent before the withdrawal period expired and the Seller informed the Buyer that they are not entitled to withdraw from the agreement prior to the agreement’s conclusion,
- the supply of goods or services whereby the price depends on fluctuations in the financial market independently of the Seller's will and which may occur during the withdrawal period,
- the supply of alcoholic beverages, which can only be delivered after thirty days and whereby the price depends on fluctuations in the financial market independent of the Seller's will,
- the delivery of goods that have been customised according to the Buyer's wishes or their person,
- the delivery of perishable goods as well as goods that have been irreversibly mixed with other goods upon delivery,
- delivery of goods in a sealed package which the Buyer has removed from the packaging and cannot be returned for hygiene reasons,
- the delivery of an audio or video recording or computer programme if its original packaging has been broken,
- supply of newspapers, periodicals or magazines,
- delivery of digital content, unless delivered on a tangible medium and delivered with the Buyer's prior express consent before the withdrawal period has expired and the Seller has informed the Buyer that they are not entitled to withdraw from the agreement prior to the agreement’s conclusion;
- in other cases referred to in § 1837 of the Civil Code.
- The buyer must send a withdrawal statement within the withdrawal period to comply with the withdrawal period.
- To withdraw from the agreement, the Buyer can use the specimen withdrawal form provided by the Seller. Withdrawal from the Purchase Agreement shall be sent by the Buyer to the Seller's email or delivery address specified in these Terms and Conditions. The Seller shall confirm the receipt of the form without delay.
- The Buyer who has withdrawn from the agreement is obliged to return the goods to the Seller within 14 days of withdrawal from the agreement to the following address: Fitness Korzo, Dr. E. Beneše 5, Šumperk. The Buyer shall bear the costs of returning the goods, even if the goods cannot be returned in normal postal way due to their nature.
- If the Buyer withdraws from the agreement, the Seller shall return all funds to them, including delivery costs, without delay and in the same manner as they were received, but no later than within 14 days of withdrawal. The Seller shall return the funds received to the Buyer by other means only if the Buyer agrees and if it does not incur additional costs.
- If the Buyer has chosen a method other than the cheapest delivery method offered by the Seller, the Seller shall return the cost of goods delivery corresponding to the cheapest delivery method offered to the Buyer.
- If the Buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the Buyer before the Buyer hands over the goods or proves that the goods have been sent to the Seller.
- Goods must be returned to the Seller undamaged, unused, unpolluted and if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the goods against the Buyer's claim for the purchase price refund.
- The Seller is entitled to withdraw from the purchase agreement due to stock selling-out, unavailability of goods, or if the manufacturer, importer or supplier of the goods interrupted the goods production or import. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return all funds including delivery costs received from them under the agreement in the same way or in the manner specified by the Buyer within 14 days of the notice of withdrawal from the purchase agreement.
VII. Rights from Defective Performance
- The Seller is responsible to the Buyer for goods being free from defects upon receipt. The Seller is particularly liable to the Buyer at the moment the Buyer received the goods:
- the goods have properties agreed upon by the parties and, in the absence of an agreement, it has such properties that the Seller or the goods manufacturer described by or which were expected by the Buyer with regard to the nature of the goods and the advertising carried out;
- 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 agreed sample or model in terms of quality or design, if the quality or design was determined according to the agreed sample or model,
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with legal requirements.
- If the defect becomes apparent within six months of the Buyer receiving the goods, the goods shall be deemed to have been defective at the time of receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold with a defect for which the lower price has been agreed due to the defect, wear of the goods caused by its normal use, to second-hand goods with a defect corresponding to the level of use or wear due to the nature of the goods.
- In the event of a defect, the Buyer may submit a claim to the Seller and require:
- exchange for new goods,
- goods repair,
- a reasonable discount on the purchase price,
- withdrawal from the agreement.
- The Buyer has the right to withdraw from the agreement if:
- the goods have a material defect,
- the item cannot be properly used due to the repeated occurrence of a defect or defects after repair,
- due to multiple defects in goods.
- The Seller is obliged to accept the complaint at any establishment where acceptance of the complaint is possible, or even at the registered office or place of business. The Seller is obliged to provide the Buyer with written confirmation stating when the Buyer exercised the right, the content of the complaint and what method the Buyer requested for the complaint, as well as the confirmation date and handling method for the complaint, or written reason for rejecting the complaint.
- The Seller or an employee authorised by the Seller decides on the claim immediately, in complex cases within three working days. This period does not include a reasonable time depending on the product type or service required for the defect’s expert assessment. Complaints, including the defect removal, must be handled promptly, no later than 30 days from the claim date, unless the Seller and the Buyer agree on a longer period. The expiry of this period in vain is considered a substantial breach of the agreement and the Buyer has the right to withdraw from the agreement. The moment when the Buyer’s claim reaches the Seller is considered to be the moment of the claim (exercise of the right for defective performance).
- The Seller informs the Buyer in writing regarding the result of the claim.
- The Buyer does not have the right to defective performance if they knew before the takeover of the item that the item was defective or if the Buyer themselves caused the defect.
- In the case of a justified claim, the Buyer has the right to be reimbursed for reasonably incurred costs incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the warranty period has expired.
- The Buyer has the choice of claim method.
- The rights and obligations of the contracting parties in respect of rights from defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
- Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's complaints procedure.
- The Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer shall deliver correspondence to the Seller at the email address stated in these Terms and Conditions. The Seller shall deliver the correspondence to the Buyer to the email address stated in their customer account or order.
IX. Personal data
- All information provided by the Buyer in cooperation with the Seller is confidential and will be treated accordingly. If the buyer does not give written permission to the seller, the seller will not use the buyer information other than for the purpose of performance of the contract, except for the e-mail address to which commercial communications can be sent, as this is allowed by law unless explicitly rejected. These communications may only relate to similar or related goods and may be unsubscribed at any time (by sending a letter, e-mail or clicking a link in a commercial message). The e-mail address will be kept for this purpose for 3 years after the last contract between the contracting parties.
X. Out-of-court Dispute Settlement
- The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Business ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase agreement. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the purchase agreement.
- European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21st May 2013 on Online Consumer Dispute Resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Online Consumer Dispute Resolution Regulation).
- The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the appropriate trade licencing office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection.
XI. Final Provisions
- All arrangements between the Seller and the Buyer shall be governed by Czech Republic laws. If the relationship established by the purchase agreement contains an international element then the parties agree that the relationship is governed by Czech Republic laws. This is without prejudice to the consumer's rights under generally binding legal regulations.
- In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code.
- All rights to the Seller's website, especially the copyright to the content, including page layout, 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 Seller's consent.
- The Seller shall not be liable for errors resulting from interference of third parties in the e-shop or as a result of its use contrary to its purpose. When using the e-shop, the buyer may not use procedures that could adversely affect its operation and may not engage in any activity that could give them or third parties to allow unauthorised interference or unauthorised use of software or other components constituting the e-shop and use the e-shop or parts thereof or software equipment in a manner that would conflict with its purpose or intention.
- The Buyer hereby assumes the risk of change of circumstances within the meaning of § 1765 (2) of the Civil Code.
- The purchase agreement, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.
- The Seller may change or supplement the wording of the Terms and Conditions. This provision is without prejudice to rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
- A specimen withdrawal form is attached to the Terms and Conditions.
These Terms and Conditions come into effect on January 1st, 2020