Terms and conditions

TERMS AND CONDITIONS

Pavel Hazmuka
Registered Office: Dr. Šavrdy 3019/5, Ostrava, 70030
Identification Number: 73544426
Registered in the Commercial Register maintained by S-SMO/471877/19/ŽÚ

These Terms and Conditions govern the sale of goods through the online store located at www.sport-spa.cz.

1. Introductory Provisions

1.1 These Terms and Conditions ("Terms") set forth the rights and obligations between Pavel Hazmuka ("Seller") and individuals purchasing goods ("Buyer") through the Seller's online store at www.sport-spa.cz ("Website"). The Terms comply with Section 1751 of Act No. 89/2012 Coll., Civil Code, as amended.

1.2 The Terms apply exclusively to purchases made by individuals acting outside the scope of their business or profession. Purchases by legal entities or professionals acting in the course of business are subject to separately negotiated agreements.

1.3 Deviations from the Terms may be agreed upon in the purchase contract. Such deviations take precedence over the Terms.

1.4 These Terms, along with the purchase contract, constitute the entire agreement between the Buyer and the Seller and are available in English and Czech.

1.5 The Seller reserves the right to modify the Terms. Changes will not affect existing agreements made under earlier versions of the Terms.

2. User Account

2.1 Buyers may create a user account on the Website for easier purchasing. Orders can also be placed without registration.

2.2 The Buyer is responsible for providing accurate and up-to-date information during registration and order placement.

2.3 The user account is protected by a username and password. Buyers must keep these credentials confidential.

2.4 User accounts are personal and non-transferable.

2.5 The Seller may deactivate or delete user accounts if they remain inactive for 12 months or if the Buyer violates these Terms.

2.6 The Seller cannot guarantee uninterrupted access to user accounts due to system maintenance or other technical issues.

3. Conclusion of the Purchase Contract

3.1 All product listings on the Website are informative and not binding offers to conclude a purchase contract.

3.2 Buyers create binding offers by completing and submitting the online order form. The order must specify:

• Selected goods, including quantity;
• Payment method;
• Delivery method and associated costs.

3.3 Before submitting the order, the Buyer can review and correct entered details. By clicking "Complete Order," the Buyer confirms the accuracy of the information provided.

3.4 Upon receiving the order, the Seller will confirm receipt via email. The purchase contract is concluded once the Seller confirms the order.

3.5 The Seller may require additional confirmation for large or high-value orders.

3.6 Prices listed on the Website include VAT (if applicable) and are valid while displayed. Prices may vary based on promotions, but any agreed price remains binding after the contract is formed.

4. Payment Terms

4.1 The Buyer can pay for goods using the following methods:

• Cash on delivery;
• Bank transfer to account no. 1026989202/5500 (Raiffeisenbank )
• Payment via online payment gateways;
• Payment cards;
• Financing options provided by third parties.

4.2 Payment must include applicable delivery costs unless explicitly stated otherwise.

4.3 Cash payments are due upon receipt of goods. For bank transfers, payment is due within 15 days after order confirmation.

4.4 The Seller may require advance payment for certain orders.

4.5 All payment information must be accurate to avoid processing delays.

5. Withdrawal from the Contract

5.1 Buyers have the right to withdraw from the purchase contract within 14 days of receiving goods, except in cases specified in Section 1837 of the Civil Code, including:

• Customized goods or goods manufactured to the Buyer's specifications;
• Perishable goods;
• Goods that cannot be returned for hygiene reasons after unsealing.

5.2 To withdraw, the Buyer must send written notice to the Seller via email at ostrava@sport-spa.cz or by mail to Dr. Šavrdy 3019/5, Ostrava, 70030.

5.3 If withdrawing, the Buyer must return the goods within 14 days at their own expense. If the customer initiates a complaint, the shipping costs for sending the item to us are covered by the customer. In the event of a valid claim, we will cover the return shipping costs. However, if the claim is not recognized, the customer is responsible for the return shipping costs. We recommend choosing a reliable courier service that offers tracking, as we are not liable for any loss of the package during transit to our facility.

5.4 Refunds will be processed within 14 days of withdrawal using the same payment method unless otherwise agreed. Refunds may be delayed until the Seller receives the returned goods.

5.5 Goods must be returned in their original condition, including packaging. The Buyer is responsible for any decrease in value resulting from improper handling.

6. Delivery

6.1 The Seller ships goods to the address provided in the order. Shipping costs and delivery times are displayed during checkout.

6.2 The Buyer is responsible for accepting delivery. Failed delivery attempts may result in additional fees for re-delivery.

6.3 The Buyer must inspect delivered goods for damages and notify the carrier immediately if any are found.

7. Rights from Defective Performance

7.1 The Buyer is entitled to remedies for defective goods as outlined in Sections 2099-2117 and 2161-2174 of the Civil Code.

7.2 Defects discovered within 24 months of delivery may qualify for repair, replacement, or refund.

7.3 Claims must be submitted to the Seller's address or email, along with proof of purchase.

8. Data Protection

8.1 The Seller processes personal data in compliance with GDPR. Details are provided in the Seller's Privacy Policy available on the Website.

8.2 The Buyer consents to the storage of cookies to improve the Website's functionality. Cookies are optional and can be disabled by the Buyer.

9. Consumer Dispute Resolution

9.1 In case of disputes, the Buyer may contact:

• Czech Trade Inspection Authority (https://adr.coi.cz/cs);
• Online Dispute Resolution Platform (https://ec.europa.eu/consumers/odr).

9.2 The Seller aims to resolve disputes amicably. Complaints can be submitted via email to ostrava@sport-spa.cz.

10. Final Provisions

10.1 The contract is governed by Czech law, including international elements per Regulation (EU) No. 593/2008.

10.2 If any clause of these Terms is invalid, the remaining provisions remain enforceable.

10. Liability

10.1 The Seller is not liable for:

• Delays or non-delivery caused by the carrier;
• The manner in which the goods are used by the Buyer, particularly if it contradicts the instructions for use or legal regulations;
• Indirect or consequential damages resulting from defective goods, unless this is contrary to applicable legal provisions.

10.2 The Buyer is obliged to use the goods in compliance with applicable regulations and the manufacturer's recommendations.

11. Penalties for Outstanding Payments

11.1 In the event of the Buyer's delay in payment, the Seller may impose a contractual penalty or default interest in accordance with applicable legal regulations.

11.2 The Seller reserves the right to postpone the dispatch of goods until the payment has been credited to their account.

12. Exclusions of Liability for Defects

12.1 The Seller is not liable for defects caused by:

• Mechanical damage occurring after the Buyer has taken possession of the goods;
• Normal wear and tear;
• Improper use or unauthorised intervention in the goods.

13. Intellectual Property Rights

13.1 All content on the Website, including texts, graphics, and photographs, is protected by copyright. Any copying, distribution, or use of the content without the Seller's written consent is prohibited.

13.2 The Buyer is not entitled to use the Website's content for commercial purposes without prior consent.

14. Final Provisions

14.1 If any provision of these Terms and Conditions is found invalid, the remaining provisions remain valid.

14.2 All legal relations are governed by the laws of the Czech Republic.

14.3 Any disputes that cannot be resolved amicably will be submitted to the competent court in the Czech Republic, according to the Seller's registered office.