These General Terms and Conditions for Consumers (hereinafter referred to as "Terms and Conditions") apply to contracts concluded with a consumer through the online shop Kulturistika.com located on the web interface https://www.kulturistika.com (hereinafter referred to as "Web Interface") between
our company:
FITNESS TRADE s.r.o., with registered office at Pražská 369, Borek, 37367, Czech Republic
ID: 27923819
DIC: CZ27923819
DIC SK: SK4120235812
registered in the Commercial Register kept at the Regional Court in České Budějovice
Delivery address (WAREHOUSE): Za Škodovkou 801/1, České Budějovice, 37001, VGP PARK B5
Telephone number: +420 723 216 216
Contact e-mail: info@kulturistika.com
as the seller
and you as the buyer.
As a consumer, you can contact the Czech Trade Inspection Authority ( http://www.coi.cz/ ) in the event of a consumer dispute.
1. INTRODUCTORY PROVISIONS
1.1 Summary of the content of the Terms and Conditions
By the Purchase Contract, we undertake to deliver the goods specified in the order to you and you undertake to accept the goods and pay us the purchase price. In order to enter into a contract, you must have placed an order and the order must be accepted by us (as set out in clause 2). Information on prices is set out in clause 3. The possible methods of payment and delivery can be found in articles 4 and 5. Information on the possibility of withdrawing from the contract after receipt of the goods is in article 6. Complaints are governed by our Consumer Complaints Procedure.
1.2 What goods are sold on the e-shop?
The goods sold on the web interface are mainly foodstuffs intended for special dietary use (dietary supplements) and other similar goods listed on the web interface. None of the products placed on the web interface are medicines or medicinal products within the meaning of Act No. 378/2007 Coll., the Medicinal Products Act, as amended. The goods, which are foodstuffs intended for particular nutritional uses, are intended to supplement a varied and balanced diet.
1.3 Is it a consumer contract?
A consumer contract is a consumer contract if you are a consumer, i.e. if you are a natural person and you buy the goods outside the scope of your business activity or outside the scope of your independent exercise of your profession. Otherwise, it is not a consumer contract and you are not covered by consumer protection under the law and these terms and conditions. In such a case, the legal relationship between us is governed by the General Terms and Conditions for Entrepreneurs and Legal Entities.
1.4 What governs our mutual rights and obligations?
- First and foremost, the contract, which consists of the following documents:
- these Terms and Conditions, which define our mutual rights and obligations;
- the Consumer Complaints Procedure , which we will follow when making a complaint;
- The Privacy Policy , which governs the protection of your personal data;
- the terms and conditions and instructions set out on the web interface, in particular when concluding a contract;
- the order and its acceptance by us,
and in matters not covered by the contract, our mutual rights and obligations are governed by Czech law, in particular the following legal provisions:
- Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code");
- Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
If your domicile or registered office is located outside the Czech Republic or if our legal relationship contains any other international element, you agree that Czech law shall govern our relationship. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than Czech law, then you are afforded that higher level of protection.
1.5How do you agree to the Terms and Conditions?
By sending your order and also by confirming it on the web interface, you confirm that you have read and agree to these terms and conditions.
1.6 What else should you know about the terms and conditions?
In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision that is closest in meaning to it shall apply instead. This is without prejudice to the validity of the other provisions.
We may change or amend the wording of these Terms and Conditions. Your rights and obligations are always governed by the version of the Terms and Conditions under which they arose. The terms and conditions may only be amended or supplemented in writing.
2. PURCHASE CONTRACT
2.1 How do we conclude the contract of sale?
In order to enter into a contract, you must have placed an order in accordance with these terms and conditions and this order must have been accepted by us. Please note that the presentation of the goods on the web interface is informative and does not constitute a proposal by us to conclude a contract within the meaning of section 1732 (2) of the Civil Code.
2.2 How to place an order?
You can always place an order via the web interface (by filling in the form) or in any other way that we make available according to the information on the web interface. The order must contain all the information prescribed in the form.
- Before submitting your order via the order form, you will be provided with a summary of your order including the final price (including all taxes, duties and charges). Within the recap, you have the last opportunity to change the information entered.
- To place a binding order, please click on the "FINISH ORDER" button . We consider the information provided in the binding order to be correct and complete. Please inform us immediately by phone or e-mail if you change them.
2.3 Can you cancel or change an order that has already been placed?
You can cancel or change an order that we have not yet received by phone or e-mail. All orders received by us are binding. Subsequent cancellations or changes to an order are only possible by agreement with us. If an order is cancelled in this way for goods that cannot be withdrawn from the contract (see clause 6 for details), we are entitled to compensation for the costs we have already incurred in connection with the contract.
2.4 How do you know that we have accepted the order and when the contract is concluded?
We will inform you of the receipt of the order. The information on receipt of the order is sent automatically and at the same time constitutes acceptance of the order by us.
The purchase contract is concluded at the moment when you receive the acceptance of the order from us at the e-mail address you provided in the order. Should acceptance of the order not be received, the contract is concluded at the moment you take delivery of the ordered goods.
2.5 Do you have the option to receive the contract in text form?
The documents constituting the contract will be sent to you by e-mail or printed by post at your request. When sending by post, we may ask you to pay the associated costs.
We will store the contract documents electronically. The contract is not accessible to third parties.
3. PRICE
3.1 Can the price change on the web interface?
If the price indicated for the goods on the web interface or during the ordering process is no longer current, we will notify you immediately. However, orders received are not affected by price changes that occur between the time the order is placed and our acceptance of the order.
In the event that there is an obvious technical error on our part in the price of the goods on the web interface or during the ordering process, we are not obliged to deliver the goods to you at the obviously incorrect price.
3.2 Can I combine discounts on the price of the goods?
Any discounts on the price of the goods cannot be combined with each other, unless explicitly stated otherwise on the web interface.
4. PAYMENT TERMS
4.1 What payment methods do we accept?
You can pay the purchase price primarily by the following methods:
- cash on delivery or in person;
- in cash before delivery of the goods by transfer to our bank account (instructions will be given to you in the order confirmation)
Any other payment methods and any fees associated with certain payment methods are listed on the web interface .
4.2 When is the purchase price due?
In the case of payment in cash, the price is due upon receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is due within five days of receipt of the order, the price is paid when the relevant amount is credited to our bank account. If we do not receive the price within the due date, we reserve the right to withdraw from the contract.
4.3 Can we require a deposit or payment in advance?
Please note that in accordance with Section 2119 (1) of the Civil Code, we are entitled to ask you to pay the full price of the goods (or a deposit) before dispatch or delivery.
4.4 How do we issue receipts in connection with the electronic sales register and the tax document?
By agreeing to these Terms and Conditions, you consent to us issuing a receipt in accordance with Act No. 112/2016 Coll., on the registration of sales, as amended, and a tax document electronically.
5. TERMS OF DELIVERY
5.1 How do we send the goods?
The methods of delivery of the goods, including the amount of the delivery costs, are indicated on the web interface . You can select the specific method of delivery of the goods in the order.
The order will always include the final price, which already includes the cost of the chosen shipping method.
5.2 When will we deliver the goods to you?
The delivery time always depends on the availability of the goods and the chosen method of transport and payment. However, we cannot influence the delivery time of goods by external carriers. In case of problems regarding delivery time, please contact us and we will resolve the situation with the carrier.
Goods that are in stock are usually dispatched within two working days from the receipt of the order (when sending goods on delivery or personal collection), or from the crediting of payment to our account (in case of cashless payment).
Goods that are not in stock are dispatched as soon as possible. We will inform you of the exact date.
Delivery of the goods under these terms and conditions means when the goods are delivered to you. If you unreasonably refuse to take delivery of the goods, this shall not be deemed to be a failure on our part to deliver the goods or a withdrawal from the contract on your part.
You acquire title to the goods when you have paid the full purchase price.
5.3 What is the procedure for taking delivery of the goods?
Upon receipt of the goods, check the packaging of the goods for integrity. If you find any defects, please inform the carrier and us immediately. If you refuse to accept a shipment with damaged packaging, this shall not be considered an unreasonable refusal of the goods.
From the moment you take delivery of the goods (or from the moment you were obliged to take delivery of the goods but failed to do so in breach of contract), liability for accidental destruction, damage or loss of the goods passes to you.
5.4 What happens if you do not take delivery of the goods?
If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than that agreed upon, you shall be liable for the costs of such delivery.
If you do not take delivery of the goods without reason, we shall be entitled to compensation for the costs of delivery and storage of the goods as well as any other costs we incur as a result of the non-acceptance of the goods.
6. WITHDRAWAL FROM THE PURCHASE CONTRACT
6.1 How can you withdraw from the contract?
As a consumer, you may withdraw from the purchase contract without giving any reason within 14 days from the date of receipt of the goods; if the delivery is divided into several parts, from the date of receipt of the last delivery. We recommend that you send the notice of withdrawal from the purchase contract to our delivery address together with the goods or by e-mail and send the goods to our delivery address immediately afterwards.
6.2 What are the consequences of withdrawal?
By withdrawing from the contract, the contract is cancelled from the outset and is regarded as if it had not been concluded.
If a gift has been given to you together with the goods with your consent, the gift contract shall cease to have effect upon withdrawal by either party. You must send the gift back to us together with the returned goods.
6.3 How will you return the goods to us?
You must return the goods to us within 14 days of withdrawal from the contract to our delivery address, to any premises or to our registered office. Do not send the goods by cash on delivery, we are not obliged to accept them in this way.
We recommend that the returned goods are accompanied by:
- a copy of the delivery note and invoice (if issued) or other proof of purchase;
- a written statement of withdrawal (on our form or otherwise) and the method of refund chosen.
Failure to submit any of the above documents will not prevent the positive processing of your withdrawal in accordance with the statutory terms.
6.4 When will you get your money back?
We will refund any monies received within 14 days of your withdrawal. Please note, however, that we are not obliged to refund your money before you return the goods to us or prove that you have sent the goods to us.
In addition to the purchase price, you are also entitled to a refund of the cost of delivering the goods to you. However, if you have chosen a method of delivery other than the cheapest method of delivery offered by us, we will refund you the cost of delivery of the goods at the rate of the cheapest method of delivery offered.
We will refund your money in the same way we received it (unless you tell us no other way within ten days of cancellation and incur no further costs as a result) or in the way you request.
You will be responsible forthe cost of sending the returned goods to our address , even if the goods cannot be returned by normal postal means due to their nature.
6.5 What if the returned goods have been damaged?
When sending the goods, please wrap them in suitable packaging so that they are not damaged or destroyed.
If we find that the goods returned by you are damaged, worn, soiled or partially consumed, you will be liable to us for this diminution in value.
6.6 When can I not withdraw from the contract?
In accordance with § 1837 of the Civil Code, the following contracts , among others, cannot be withdrawn from:
- the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery;
- the delivery of goods in sealed packaging which you have removed from the packaging and which cannot be returned for hygiene reasons;
6.7 When can we withdraw from the contract of sale?
We reserve the right to withdraw from the contract in the following cases:
- We have not received the purchase price from you by the due date or you have not taken delivery of the goods;
- the goods cannot be delivered under the original conditions for objective reasons (mainly because the goods are no longer manufactured, the supplier has stopped delivering to the Czech Republic, etc.);
- performance becomes objectively impossible or unlawful.
If any of the above-mentioned circumstances occur, we will inform you of our withdrawal from the contract without delay.
If you have already paid the purchase price in full or in part, we will refund the amount received within five days of withdrawal, without cash, to the account you provide us with for this purpose or from which you made the payment.
7. RIGHTS OF DEFECTIVE PERFORMANCE
Your rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code). We will proceed in accordance with our Consumer Complaints Code when exercising rights arising from defective performance.
8. FURTHER INFORMATION FOR CONSUMERS
8.1 What authorisations do we have to carry out our activities?
We are authorised to sell goods on the basis of a trade licence. Our activities are not subject to any other authorisation.
8.2 How do we handle complaints?
We handle any complaints via our contact email. You can also contact the relevant trade office or the Czech Trade Inspection Authority or the State Agricultural and Food Inspection Authority.
8.3 What rights do you have in the event of a consumer dispute?
If you are a consumer and if a dispute arises between us under a contract that we are unable to resolve directly, you have the right to refer the dispute to the Czech Trade Inspection Authority ( address: Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz, www.adr.coi.cz; electronic contact: adr@coi.cz; telephone: +420 296 366 360) or to the Association of Czech Consumers, z. ú. Karla IV. 430, 500 02 Hradec Králové, web interface: www.konzument.cz, electronic contact: spotrebitel@regio.cz, telephone: +420 495 215 266) for the purpose of out-of-court settlement of a consumer dispute. You may exercise this right within 1 year from the date on which you first exercised the right that is the subject of this consumer dispute with us.
You can also use the online platform set up by the European Commission at http://ec.europa.eu/consumers/odr/ to lodge a complaint about goods or services you have purchased from us and to find an ADR entity.
8.4 How do I get information about possible allergens and other information about the goods?
The provision of product information is governed by Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers ("theRegulation").
Basic information on storage and consumption is available on the web interface. The full text of the product information required by the Regulation will be made available to you on request at the premises or on importation of the goods. We will also provide you with information on request by telephone.
9. WEB REGISTRATION and BENEFITS
9.1 How can you register on the web interface?
By registering via the registration form on the web interface, a user account is created. Keep the access data to the user account confidential. We are not responsible for any misuse of the user account by a third party.
The information provided during registration must be true and complete. We may cancel an account that was created using false or incomplete information without refund. In the event of any changes to your details, we recommend that you amend them in your user account without delay.
9.2 What is the purpose of a user account?
You can primarily order goods, track orders and manage your user account via your user account. Any additional functions of the user account are always indicated on the web interface.
9.3 When can we cancel your user account?
Please note that we have the right to cancel your user account without refund if there is a violation of good morals, applicable law or these terms and conditions through your account.
9.4 What benefits can I receive after creating a user account?
Every registered customer who does not purchase wholesale or as a club/athlete will receive a financial benefit for each purchase into their user account called "cashback". The rewards may change at any time at the discretion of the website operator. The current table with an overview of all available bonuses is registered under this link
9.5 Until when are earned benefits valid?
Any amount saved is valid indefinitely only if the customer makes regular purchases. If the customer does not place an order within 6 months of the last purchase and has saved any amount in his/her customer account, he/she will be informed twice in advance via email about the expiry of the saved amount. If the customer places the order within this period, the expiry date will be automatically extended for another 6 months. This applies with every order placed. If the customer does not place the order within this period, all saved benefits will be cancelled from the account.
10. COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE
10.1 Is the content of the website protected by copyright?
The content of the web pages located on the web interface (texts including terms and conditions, photographs, images, logos, software, etc.) is protected by our copyright or the rights of others. You may not modify, copy, reproduce, distribute or use the content for any purpose without our consent or the consent of the copyright holder. In particular, the free or paid access to photographs and texts placed on the web interface is prohibited.
The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.
10.2 Liability and use of the web interface
We shall not be liable for errors resulting from third party intervention in the web interface or from its use contrary to its intended use. When using the web interface, you must not use any procedures that may interfere with the function of the system or place an unreasonable load on the system.
If you engage in any illegal or unethical conduct while using the Web Interface, we may restrict, suspend or terminate your access to the Web Interface without any compensation. In this case, you shall furthermore be obliged to reimburse us in full for any damages proven to have been caused by your conduct under this paragraph.
Please note that clicking on certain links on the web interface may cause you to leave the web interface and be redirected to third party websites.
These terms and conditions are valid and effective from 16.10.2023
