Business Terms and Conditions of BE COOL Ltd.,
with registered office at Kestřanská 140/4, 143 00, Praha 4, ID 04318064, VAT nr.: CZ685288534
hereinafter referred to as www.4gym.fitness or the seller
I. General provisions
These General Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) were elaborated according to the provisions of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the “Commercial Code”) and Act No. 634/1992 Coll. Consumer Protection, as amended (hereinafter “the Act”), and other effective legislation.
The customer of the solarnibatohy.cz internet shop is either: (i) a consumer within the meaning of § 2 par. a) of the Act, (ii) an entrepreneur who, when concluding and performing the contract, acts in the framework of his business activity, or (iii) a state administration or self-government body (these three types of customers hereinafter referred to as the “buyer”). The Terms and Conditions do not apply in cases where a person intending to purchase goods from the Seller acts in the course of his business.
The Terms and Conditions regulate, in accordance with the provisions of Section 1751 (1) of the Civil Code, the mutual rights and obligations arising in connection with or on the basis of a purchase contract concluded between the Seller and the Buyer via the Seller’s e-shop. The e-shop is operated by the seller on a website located at www.4gym.fitness
By concluding the purchase contract, the buyer expresses his / her agreement with the terms and conditions and the complaint procedure, which is an integral part of these terms and conditions and confirms that he / she is duly informed about them. The Complaints Procedure is notified to the Buyer of these Terms and Conditions in a sufficient manner before entering into the Purchase Agreement and has the opportunity to become acquainted with them.
Provisions deviating from the Terms and Conditions can be agreed in the purchase contract. Different arrangements in the Purchase Agreement take precedence over the terms and conditions of the Terms and Conditions.
The Seller acts in the course of its business activities when concluding and fulfilling the purchase contract. The Seller is an entrepreneur who directly or through other entrepreneurs supplies goods or services to the buyer.
The Terms and Conditions may be amended or supplemented by the Seller. This provision shall not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
II. Purchase contract
The proposal to conclude a purchase contract (offer) is to place the goods offered by the seller on the site. The contractual relationship between the Seller and the Buyer arises upon delivery of the order acceptance (acceptance) sent to the Buyer by e-mail to the Buyer’s e-mail address. The agreement can be changed or canceled only by agreement of the parties or on legal grounds. Among other things, the Seller reserves the right to cancel the order or its part before concluding the purchase contract in the following cases: the goods are no longer manufactured or delivered or the price of the goods supplier has changed significantly. If the buyer has already paid a part of the purchase price or the entire purchase price, the amount will be returned to him.
Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer. The buyer sends the order to the seller by clicking on the “Send order” button.
No rights of the buyer (consumer) can be claimed for gifts that are provided free of charge. Such goods comply with the terms of the gift contract and are governed by applicable law. The donation contract is concluded between the seller and the buyer with the termination condition that if the buyer withdraws from the purchase contract within the 14-day period pursuant to Section 1829 (1) of the Civil Code, he is obliged to return the gifts to the seller together with the purchased goods.
The seller reserves the right to cancel the order for goods marked with the term “Unavailable at the moment” if the goods can no longer be delivered or replaced by another model or if its price has been significantly changed and the buyer does not accept this before the purchase contract. The seller informs the buyer of 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 pay the deposit in the agreed amount for orders, which are so-called turnkey (customer orders machines or equipment to order, ie on request color construction or padding). The seller reserves the right to pay an advance payment in the agreed amount turnkey orders (customer orders machines or equipment to order, that is, color of construction or padding on request).
Seller can deliver goods without deposit. However, the condition is the signing of the purchase contract with a notary, where the buyer undertakes to withdraw the ordered goods at the given date and pay. Otherwise, the Seller is required to claim and enforce the full amount of the purchase agreement in accordance with the Purchase Agreement.
The seller reserves the right to deliver the goods according to the agreement with the client, which will be recorded in the purchase contract. The term of delivery of machines to order is 60 to 150 days after signing the purchase contract
III. Defective Performance Rights
The rights and obligations regarding the rights of 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 CC.
The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the seller is liable that, at the time the buyer took over the goods:
has the characteristics agreed between the parties and, in the absence of an arrangement, features that the seller or manufacturer has described or which the buyer has expected with regard to the nature of the goods and the advertising performed by them;
the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
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,
the goods are in the appropriate quantity, measure or weight; \ tand. \ t
complies with legal requirements.
If the goods do not have the above-mentioned properties, the buyer may also request delivery of new goods free of defects, unless it is disproportionate to the nature of the defect, but if the defect only affects the goods, the buyer may only request the replacement of the component; if this is not possible, he may withdraw from the contract. However, if this 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 a free removal of the defect. The buyer has the right to deliver new goods or to replace the part even in the case of removable defect, if the goods cannot be used properly for repeated occurrence of defect after repair or for a greater number of defects. In this case, the buyer has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, replacement of parts or repair, he may request a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller is unable to deliver new goods without defects, replace parts or repair, and if the Seller fails to remedy within a reasonable time, or that remedying the Buyer (Consumer) would cause significant difficulties.
The Buyer is entitled to exercise the right of defect that occurs in consumer goods within 24 months of receipt. If a defect occurs within six months of receipt, the goods are deemed to have been defective upon receipt.
The Buyer is not entitled to the right of defective performance if the Buyer knew before taking over the goods that he had a defect or if the Buyer himself caused the defect.
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 was agreed; the wear and tear of the goods caused by its normal use; in the case of second-hand goods, a defect corresponding to the degree of use or wear and tear the goods have on receipt by the purchaser, or if this is due to the nature of the goods.
Other rights and obligations of the parties related to the Seller’s liability for defects are regulated by the Seller’s Complaints Procedure.
IV. Right of withdrawal
If the purchase contract is concluded by means of distance communication (in the e-shop), the buyer has the right to withdraw from the contract within 14 days of receipt of the goods, without giving any reason.
Withdrawal from the Purchase Agreement must be sent to the Seller within the time limit specified in the previous paragraph, and the Buyer indicates that it is withdrawing from the contract ideally, indicating the order number, date of purchase, and possibly the money back account number.
Withdrawal from the Purchase Contract may be sent by the Buyer to, among other things, the address of the Seller’s registered office or establishment or to the Seller’s e-mail address becool@becool.ltd
In the event that the Buyer withdraws from the Contract according to the previous paragraphs, the Seller shall return the funds received from the Buyer (except for the amount of additional delivery costs incurred as a result of the Buyer of the chosen method of delivery, which is different from the cheapest standard delivery method offered by the Seller) to 14 days after the Buyer withdraws from the Purchase Agreement, in the same manner as the Seller accepts them from the Buyer, unless the Buyer specifies otherwise. The Seller is also entitled to return the performance provided by the Buyer at the time of returning the goods by the Buyer or otherwise, if the Buyer agrees with this and does not incur additional costs for the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods were sent to the seller.
However, the provisions of the Civil Code on withdrawal from the contract within 14 days pursuant to Section 1829 (1) of the Civil Code may not be understood as a possibility of free loan of goods. In case of using the right to withdraw from the contract within 14 days from receipt of the goods according to § 1829 par. 1 of the Commercial Code, the Seller shall issue to the Seller, within 14 days of withdrawal from the contract, everything he has obtained under the contract in question. If this is no longer possible (for example, in the meantime the goods have been destroyed or consumed), the buyer must provide monetary compensation in return for what can no longer be issued. If the returned goods are partially damaged, the seller may claim the buyer the right to damages and set off his claim for the refunded purchase price and return the reduced purchase price to the buyer (consumer).
In accordance with Section 1833 of the CC on the purchase price to be returned to the buyer, the seller may offset the reduction in the value of the returned goods.
In accordance with Section 1837 of the Civil Code, the buyer has no right to withdraw from the contract in particular in the case of contracts:
on the provision of services, if they have been met with its prior express consent before the expiry of the withdrawal period and the seller, before concluding the contract, informed the buyer that in such a case he is not entitled to withdraw from the contract,
on the supply of goods or services the price of which depends on fluctuations in the financial market, regardless of the seller’s will, and which may occur during the withdrawal period,
(c) the supply of alcoholic beverages which may be delivered after 30 days, the price of which depends on fluctuations in the financial market, independent of the seller’s will;
on the delivery of goods that have been modified to the buyer’s wishes or for the person
on the supply of perishable goods as well as goods which have been irrevocably mixed with other goods upon delivery,
on repair or maintenance carried out at the place designated by the purchaser at his request; however, this is not the case for subsequent non-solicited repairs or delivery of non-solicited spare parts,
about the delivery of goods in a sealed package that the buyer removed from the packaging and cannot be returned for hygienic reasons (eg shavers, depilatories, etc.)
about the delivery of an audio or video recording or a computer program if it violated their original packaging
about the delivery of newspapers, periodicals or magazines
for accommodation, transport, boarding or leisure, if the seller provides these services on the specified date,
by public auction under the law on public auctions; \ tor. \ t
for the delivery of digital content, unless delivered on a tangible medium and delivered with the Buyer’s prior express consent before the expiry of the withdrawal period, and the Seller, prior to the conclusion of the contract, informed the Buyer that in such a case it has no right of withdrawal.
In case of withdrawal from the contract, the buyer shall bear the cost of returning the goods and, if the contract is concluded by means of distance communication, the cost of returning the goods if the goods cannot be returned by normal mail.
In case of withdrawal from the purchase contract for a so-called turnkey contract (the customer has ordered a number of machines in a certain color both frame or padding), the customer is not entitled to a refund of the deposit paid. This deposit is forfeited to the seller for resale costs.
V.Evidence of sales
Pursuant to Act No. 112/2016 Coll., On the Registration of Sales, as amended (hereinafter referred to as the “Sales Register Act”), the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator on-line; in case of technical failure then within 48 hours at the latest.
The Seller shall issue receipts pursuant to the Act on Registration of Sales in electronic form sent by e-mail or in paper form depending on the chosen payment method and method of transport.
VI. The cost of using means of distance communication
The buyer agrees to use the means of distance communication to conclude the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (the cost of internet connection, the cost of telephone calls) are paid by the buyer himself.
VII. Final Provisions
Seller’s complaints are handled through the electronic address becool@becool.ltd. The Seller shall send the Buyer’s complaint to the Buyer’s e-mail address.
How the seller processes personal data of the buyer is described in the section Privacy of customers. The Buyer acknowledges that it is obliged to state its personal data correctly and truthfully and that it is obliged to inform the Seller without undue delay of any change in its personal data. The buyer confirms that the personal information provided is accurate.
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 of compliance with the Act.
These Terms and Conditions apply as stated on the Seller’s website,
the day of conclusion of the purchase contract. The buyer’s order after its confirmation as a concluded contract between the buyer and the seller is archived for the purpose of its fulfillment and other records and its status is accessible to the buyer. The contract can be concluded in the Czech language, possibly
in other languages, unless this is the reason for its inability to close.
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 dispute resolution. In such a case, the buyer (consumer) may contact the subject of out-of-court resolution of the dispute, which is the Czech Trade Inspection Authority (http://www.coi.cz) and follow the rules stated there. More information
out-of-court dispute resolution can also be found on the website of the Czech Trade Inspection Authority. Alternative dispute resolution is also possible through the online form at https://webgate.ec.europa.eu/odr/.
These Terms and Conditions are for purchase in online stores operated by BE COOL Ltd., Kestřanská 140/4, 143 00, Praha 4, valid and effective from 1. 3. 2020.