Company: FITSLIDE s.r.o.

Registered office: Pod areálem 401/23, 102 00, Prague - Štěrboholy, Czech Republic

Identification number: 059 28 818, Tax identification number: CZ059 28 818

for the sale of goods through an online store located on the Internet address

 

1. PRELIMINARY PROVISIONS

1.1. These terms and conditions ("Terms and Conditions") of FITSLIDE s.r.o., Registrated office: Pod areálem 401/23, 102 00, Prague - Štěrboholy, Czech Republic, Identification Number: 059 28 818, (hereinafter referred to as "Seller") regulate the mutual rights and obligations arising in connection with or under the purchase agreement (the "Purchase Agreement") concluded between the seller and any other natural or legal person (hereinafter the "Buyer") through the online store seller. Online store is operated by the seller on the Internet at www.fitslide.eu, through a web interface (hereinafter referred to as "Web-based commerce").

1.2. Terms and Conditions also govern the rights and obligations of the parties when the seller using the Web site located at www.fitslide.eu (the "Website") and other related legal relations. Terms and conditions do not apply to cases where a person who intends to buy goods from the seller, is ordering goods in the course of their business.

1.3. Provisions diverging from commercial terms can be agreed upon in the sales contract. Divergent arrangements in the contract shall prevail over the terms of trade.

1.4. Provisions of the conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. Purchase contract can be concluded in Czech and English.

1.5. The Business Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.

 

2. USER ACCOUNT

2.1. Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface buyer can order goods (hereinafter "user account"). If the web interface allows trade, the buyer may also order goods without registration directly from the web interface business.

2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and true information. The data referred in the user account, the buyer is obligated update when happen any changes. The data referred in the buyer’s user account and when ordering goods are deemed by the seller as correct.

2.3. Access to user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account and notes that the seller is not liable for any breach of this obligation by the buyer.

2.4. Buyer shall not allow the use of user account to a third party.

2.5. Seller has rights to cancel user account, especially when the buyer your user account does not use for longer than, or if the buyer breaches of its obligations under the purchase contract (including terms and conditions).

2.6. Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software vendor, respectively. necessary maintenance of hardware and software of third parties.

 

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. Web interface contains a list of goods offered for sale, including the prices of individual goods. Prices of goods offered are inclusive of VAT and all related charges. Offer for sale of goods and prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a purchase contract under individually negotiated conditions. All offers to sell goods placed in the web interface of the shop are not binding and the seller is not obliged to conclude a purchase agreement regarding this product.

3.2. Web interface also contains information on the costs of packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.3. To order goods, the buyer fills an order form in the web interface business. The order form contains particular information about:

       - Ordered goods (the ordered goods "insert" the buyer into an electronic shopping cart business web interface),

       - Method of payment of the purchase price, details of the desired method of delivery of the ordered goods,

       - Information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").

3.4. Before sending the order to the seller, the buyer is allowed to check and modify data in order, the buyer put, even with regard to the possibility of the buyer to detect and correct errors during data entry in order. The buyer sends the order by clicking on "Finish". The information specified in the order by the seller are deemed to be correct. When the order is made by buyer, seller immediately confirms order by receipt e-mail sent to the e-mail address listed in the buyer's user interface or in the order (hereinafter the "electronic address of the purchaser").

3.5. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), seller is always entitled to ask the buyer for additional confirmation (such as writing or by telephone).

3.6. The contractual relationship between seller and buyer arises by delivery of order acceptance which is sent to the buyer’s e-mail address.

3.7. Buyer acknowledges that Seller is not obliged to conclude a purchase contract, especially with persons who previously materially breached the purchase contract (including terms and conditions).

3.8. Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer using of distance communication in the process of concluding the purchase agreement (the cost of Internet access, telephone costs) are covered by the Buyer.

 

4. PRICE AND PAYMENT TERMS

4.1. The price of goods and any costs associated with the delivery of goods according to the contract, the buyer can pay the seller by following ways:

       - Cash on delivery at the place designated by the buyer in the order worldwide;

       - Bank transfer to the seller's CZK account no. 2201187499/2010, IBAN: CZ7720100000002201187499, BIC (SWIFT) code: FIOBCZPP,  

          led the company Fio banka, Inc. (hereinafter the "Seller Account");

       - Bank transfer to the seller's EUR account no. 2601187500/2010, IBAN: CZ3220100000002601187500, BIC (SWIFT) code: FIOBCZPP,  

          led the company Fio banka, Inc. (hereinafter the "Seller Account");

4.2. Together with the purchase price, the Buyer is obligated to pay the costs associated with packaging and delivery of goods at an agreed rate. Unless expressly stated another way, the purchase price includes costs associated with the delivery of the goods.

4.3. In the case of payment in cash or in the case of payment of cash on delivery, the purchase price is payable upon receipt of goods. In the case of cashless payment is the purchase price payable within days of the purchase contract.

4.4. In the case of cashless payment is buyer obliged to pay the purchase price, together with the mention of variable symbol of the payment. In the case of cashless payment is buyer’s obligation to pay purchase price fulfilled at the time when the appropriate amount of money are credited to the account of the seller.

4.5. The seller is entitled, especially when the Buyer does not make additional confirmation of order (Art. 3.5), require payment of the full purchase price before sending the goods to the buyer.

4.6. Any discounts the price of goods provided by the seller to the buyer cannot be combined.

4.7. If it is usual in the trade, or if it is stipulated by generally binding legal regulations, The Seller will issue under a contract between buyer and seller tax document - invoice. Seller is a payer of value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and send it electronically to the buyer's email address.

4.8. According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer and is obliged to register a revenue received from the Tax online; in case of technical failure, then within 48 hours.

 

5. WITHDRAWAL FROM THE CONTRACT

5.1. Buyer acknowledges that pursuant to the provisions of § 53 par. 8 of the Act no. 40/1964 Coll., The Civil Code, as amended (the "Civil Code"), among others, cannot withdraw from the contract for the supply of goods made to wishes of the buyer, as well as goods subject to rapid deterioration, wear and tear, from contract to delivery of audio and video recordings and computer programs if a consumer destroyed their original packaging, and the purchase contract for the supply of newspapers, periodicals and magazines.

5.2. If this is not the case referred to in art. 5.1 and about other cases where you can not withdraw from the contract, the buyer in accordance with the provisions of § 53 par. 7 of the Civil Code, the right to withdraw from the contract, within fourteen (14) days receipt of goods. Withdrawal from the contract must be delivered to the Seller within fourteen (14) days from receive of goods. Withdrawal from the contract can buyer sends inter alia, the address of the seller or the seller's e-mail address.

5.3. In case of withdrawal pursuant to Art. 5.2 of the purchase is contract canceled from the beginning. The goods must be returned to the seller within 14 working days from dispatch of withdrawal to seller. The goods must be returned to the Seller in original condition and, if possible, in the original packaging.

5.4. Within fifteen (15) days from returning goods by the buyer pursuant to Art. 5.3 The Seller is entitled to examine the returned goods, especially, in order to determine whether the returned goods are not damaged, worn or partially consumed.

5.5. In case of withdrawal pursuant to Art. 5.2 seller returns the purchase price to the buyer within ten (10) days from the deadline to examine the goods under Art. 5.4 business conditions, but not later than thirty (30) days from the receipt of the withdrawal from the contract to buyer, via bank transfer to an account designated by the buyer. The seller is also entitled to return the purchase price in cash at the time of returning the goods to the buyer.

5.6. Buyer acknowledges that if the goods returned by the buyer will be damaged, worn or partially consumed, the Seller becomes entitled to earn compensation by damages incurred by this incident. The seller is entitled to unilaterally set off against the claim of the purchaser to refund the purchase price.

5.7. If the goods is provided along with gift to the buyer, the gift agreement between the seller and the buyer is concluded with a subsequent condition. So if there is a withdrawal from the contract the consumer loses gift agreement regarding such a gift efficiency and the buyer is required to return goods as well as provided gift to the seller.

 

6. TRANSPORTATION AND DELIVERY

6.1. Way of delivery of the goods determines the seller, unless the purchase contract states another way. In the case that the method of transport is negotiated at the request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

6.2. If the seller under the purchase agreement must deliver the goods to the place specified by the buyer in the purchase order, the buyer is obliged to accept goods on delivery. If the buyer does not take over the goods on delivery, the seller is entitled to withdraw from the contract.

6.3. In the case that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with other delivery method.

6.4. When accepting the goods from the shipper, the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the shipper. In the case that buyer will make decision of unauthorized intrusion into the package, buyer must not take over shipment from shipper. By signing the delivery note, the Purchaser confirms that the package containing a consignment of goods was intact.

6.5. Further rights and obligations of the parties in the transport of goods can modify specific delivery conditions of the seller, if the seller issued.

 

7. LIABILITY FOR DEFECTS AND GUARANTEE

7.1. The rights and obligations of the parties regarding the liability of the seller for defects, including the guarantee liability of the seller shall be governed by the relevant legislation (in particular the provision of § 612 et seq. of the Civil Code).

7.2. Seller is responsible for the fact that the sold item is in conformity with the contract and that it is free from defects. Conformity with the purchase agreement means that the sold item has the quality and properties required by the contract, the seller, manufacturer or its representative or on the basis of their expectations by the ads, or the quality and properties for the item of the same kind that meets the requirements of the legislation, it is in the correct quantity, measure or weight and corresponds to the purpose for which the seller presents or for that matter normally used.

7.3. In the case that the item accepted by the Buyer is not in conformity with the contract (hereinafter referred to as "conflict with the contract"), the buyer has the right to the seller free of charge and without undue delay, put the product in corresponding with the purchase agreement, and according to requirement by exchanging the purchaser, or by repairing; if such a procedure is not possible, the buyer may request a reasonable discount on the price or cancel the contract. This does not apply if the buyer about the conflict with the contract knew or conflict with the contract caused. Conflict with the contract, which will take effect within six (6) months from the date of the takeover is considered to be inconsistency in its takeover, if not in the nature of item or if it is proven otherwise.

7.4. Unless the things that are perishable or used goods, the seller is responsible for defects which becomes apparent as the conflict with the contract after the item within the warranty period (guarantee).

7.5. The rights of the buyer arising from the liability of a seller for defects, including warranty liability of the seller, the buyer exercises for the seller at the address his shop. A moment a lodging claim is considered the moment when the seller receives from the buyer claimed goods.

 

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The buyer acquires ownership of goods by paying the entire purchase price.

8.2. Buyer acknowledges that the software and other content of the web interface of commerce (including photographs of the offered goods) are protected by copyright. Buyer agrees not to engage in any activity that would allow him or third persons to unlawfully interfere with or use the software or other content of the web interface business.

8.3. The buyer is not entitled during using the Web interface to use trade mechanisms, software or other procedures that could adversely affect the operation of the web interface business. Web interface can be used only to the extent that it is not at the expense of the rights of other customers and the seller which is consistent with its purpose.

8.4. Seller is not in relation to the buyer bound by codes of conduct within the meaning of § 53a paragraph 1 of the Civil Code.

8.5. Buyer acknowledges that Seller shall not be liable for errors resulting from interference by third parties to the website or arising from use of web site in ways not intended.

 

9. PROTECTION OF PERSONAL DATA AND SENDING COMMERCIAL MESSAGES

9.1. Protection of personal data of buyer, who is a natural person, is provided by Act no. 101/2000 Coll., On Protection of Personal Data, amended.

9.2. Buyer agrees with processing following personal details: name, address, identification number, tax identification number, and email address, phone number, (hereinafter collectively referred to as „personal data“).

9.3. Buyer agrees with processing of personal data by the seller, for the purpose of realization of rights and obligations under the contract, for the purpose of maintaining user account and for sending commercial messages and information to the buyer.

9.4. Buyer acknowledges that it is obliged to personal data (for registration, in your user account, when ordering from the web interface of the shop) correctly and truthfully and without undue delay informs the seller about the change in his personal data.

9.5. Processing of personal data Seller may appoint a third party as a processor. Except of the persons transporting goods, personal information will not be provided to third party without permission from buyer to the seller.

9.6. Personal data will be saved for an indefinite period. Personal data will be processed electronically in an automated way or in printed form non-automated way.

9.7. The buyer confirms that the personal information is accurate and that he/she was advised that it is voluntarily to provide personal information.

9.8. In case that the buyer thought the seller or processor (Art. 9.5) performs the processing of his personal data that is incompatible with the protection of private and personal life of the purchaser or against the law, especially if the personal data are inaccurate with regard the purpose of processing, can:

9.8.1. Ask the seller or processor for explanation,

9.8.2. Require the seller or processor to correct the situation. Especially, this situation may involve blocking, correcting, supplementing or liquidation of personal data. If the buyer's request under the preceding sentence is found justified, the seller or processor will remove the mistakes. If the correction is made unsatisfactory by seller or processor, the buyer has the right to appeal directly to the Office for Personal Data Protection. By this statement the right of the buyer to contact his initiative to the Office for Personal Data Protection directly is not affected.

9.9. If the buyer requests information regarding the processing of their personal data, the seller must deliver this information. For providing information pursuant to the preceding sentence, Seller has the right to require reasonable compensation not exceeding the costs of providing the necessary information.

9.10. Buyer agrees to receive information related to the goods, services or company of the seller to the buyer's email address and agree to receive commercial communications seller to buyer's email address.

 

10. DELIVERY

10.1. Unless specified other way, all correspondence related to the purchase agreement must be delivered to the other contracting party by a letter written by hand, by e-mail, personally or by postal service (selected by the sender). Correspondence is delivered to the buyer’s email address specified in his user account.

10.2. The message is delivered:

10.2.1. In case of delivery by e-mail upon receipt of incoming mail server; integrity of the messages sent by electronic mail may be secured by a certificate,

10.2.2. In case of delivery personally or by postal service taking over the consignment to the consignee,

10.2.3. In case of delivery personally or by postal service by denying receipt of the consignment, when addressee denies (or the person authorized to accept the consignment for him) to accept the consignment,

10.2.4. In case of delivery by postal services to the expiry of ten (10) days from the shipment, when post office prompt the addressee to accept the shipment, if there is the shipment by the postal service, also if the addressee has not knowledge of the deposition.

 

11. FINAL PROVISIONS

11.1. If the relationship associated with the use of the Web site or the legal relationship of the purchase agreement includes an international (foreign) element, then these parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.

11.2. The seller is entitled to sell goods on the basis of trade license and seller activity is not subject to any other permissions. Trade control is carried out under its authority the Trade Office.

11.3. If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision, a provision whose meaning is less invalid comes closest. The invalidity or unenforceability of one provision is without prejudice to the validity of the remaining provisions. Changes and additions of the purchase agreement or terms and conditions require a written form.

11.4. The purchase contract including terms and conditions is archived by the seller in electronic form and is not accessible.

11.5. Contact details seller: Pod areálem 401/23, 102 00, Prague - Štěrboholy, Czech Republic, info@fitslide.eu, phone: +420 777 775 621.

 

In Prague on March 25, 2017