Business terms
Obchodní podmínky

Well, before you read Biseness Terms:

We are small company and we are happy we have good relationship with our customers. 

BUSINESS TERMS

of

trading company

LivingroomWorkout s.r.o.

seat 26/1261 Pěkná, post code 735 64 Havířov - Suchá

identification number: 05210305

entered in the Trade Register at the Regional Court in Ostrava, section C, insertion 66634

for purchase of goods by means of on-line shop located on the internet address mybuddy.cz or mybuddy.site

  1. INITIAL PROVISIONS
    • These business terms (hereinafter as „business terms“) of trading company LivingroomWorkout s.r.o., seat 26/1261 Pěkná, post code 735 64 Havířov - Suchá, identification number: 05210305, entered in the trade register of Regional Court in Ostrava, section C, insertion 66634  (hereinafter as „vendor “) govern mutual rights and obligations of contractual parties arising in connection or based on purchase agreement (hereinafter as “purchase agreement”) concluded between vendor and other natural person (hereinafter as “purchaser”) by means of an internet shop of the vendor, all in compliance with regulation
      1751 clause. 1 Act no. 89/2012 Coll., Civil Code (hereinafter as „Civil Code“). The Internet shop is operated by the vendor on the webpage locater on the Internet address livingroomworkout.eu (hereinafter as „web page“), by means of interface of the web page (hereinafter as „web interface of the shop“).
    • The business terms do not apply to cases when the person who intends to buy the goods from the vendor is a legal entity or a person who deals, when ordering the goods, in the framework of their enterprise or freelance occupation. Provision deviating from business terms may be agreed in purchase agreement. Deviant provisions in the purchase agreement are prior to the provisions in the business terms.
    • Provisions of the business terms are an integral part of a purchase agreement. Purchase agreement and business terms are made in the Czech language. The purchase contract shall be concluded in the Czech language.
    • Version of the business terms may be amended or changed by the vendor. This provision does not concern the rights and obligations having arisen in the period when preceding version was in force.
  2. USER ACCOUNT
    • Based on the registration of the vendor made on the web page the purchaser may enter their user interface. From their user interface the purchaser may order goods (hereinafter as „user account“). The purchaser may order goods without registration directly from the web interface of the shop.
    • When registering on the web page and when ordering goods, the purchaser shall fill in correct and truthful data. The data listed in the user account shall be updated by the purchases in case there is a change. The data filled in the user account and at ordering are considered as correct by the vendor. Access to the user account is secured by user name and password. The purchaser shall keep the information necessary for access to the account as confidential.
    • The purchaser shall not enable third parties to use the user account.
    • The vendor may cancel the user account especially in case when the purchaser does not use the user account for longer than 1 year or in case when the purchaser infringes their obligations in the purchase agreement (including the business terms).
    • The purchaser is aware of the fact that the user account may not be accessible non-stop, especially with respect to necessary maintenance of the hardware and software equipment of the vendor, potentially hardware and software equipment of third parties.
  3. Conclusion of the purchase agreement
    • Entire presentation of the goods placed on the web interface of the shop is of informative character and the vendor has no obligation to conclude a purchase agreement with respect to these goods. Regulation § 1732 clause. 2 of Civil Code shall not be applied.
    • Web interface of the shop contains information on the goods, including prices of single pieces and costs of goods returning in case the goods may not be returned by standard postal process. The prices of goods are presented including VAT and all relevant fees. The prices of goods are valid as long as they are displayed on the web interface of the shop. This provision does not limit the possibility of the vendor and purchaser to conclude a purchase agreement under individually made conditions. The web interface of the shop also contains information on costs connected with packaging and delivery of goods. The information on costs connected with packaging and delivery of goods presented on the web interface of the shop is valid only in cases when the goods are delivered inside the Czech Republic. For ordering of goods the purchaser fills in the order form on the web interface of the shop. The order form contains mainly information on:
      • ordered goods (ordered goods are „placed“ into an electronic basket of the web interface of the shop by the purchaser),
      • payment method, data on required method of delivery of the ordered goods and
      • information on costs connected with delivery of goods (hereinafter altogether as „order“).
    • Before sending the order to the vendor, the purchaser is enabled to check and change the data which the purchaser put down in the order, even with respect to the possibility of the purchaser to find out and correct errors made on entering the data to the order. The purchaser sends the order to the vendor by clicking the icon “Confirm the order”. The data stated in the order are considered as correct by the vendor. The vendor shall confirm obtaining of the order by e-mail as soon as it arrives to the address of the purchaser´s e-mail stated in the user account or in the order (hereinafter as “purchaser´s e-mail”). The vendor always has the right to ask the purchaser for additional confirmation of the order (e.g. in written form or by phone) depending on the character of the order (amount of goods, total sum of purchase price, estimated costs of forwarding).
    • Contractual relationship between vendor and purchaser originates by delivering the order confirmation (acceptation), which is sent to the purchaser by e-mail to the address of purchaser´s email.
    • The purchaser gives consent to use of distant communication means when concluding the purchase agreement. The costs arising for the purchaser when using distant communication means in connections with concluding of the purchase agreement (expenses on internet connection, costs of telephone calls) are paid by the purchaser, these costs do not differ from the standard rate
  4. Price of goods and payment conditions

The price of goods and costs connected with delivery of goods according to the purchase contract may be reimbursed by the purchaser to the vendor in following ways:

NO – in cash in the business premises of the vendor;

NO –as cash on delivery on the place determined by the purchaser in the order;

YES – noncash by transfer to the account of the vendor no. 115-2837170297/0100, kept in Komerční banka, a.s. company (hereinafter as „vendor´s account“);

NO – noncash by means of payment system;

 

NO – by means of loan provided by a third party.

  • Together with the purchase price the purchaser is obliged to reimburse also the costs connected with packaging and delivering of goods, as agreed. If not stated otherwise, hereinafter the purchase price is considered as the price including the costs of delivery.
  • The vendor does not require any advance payment or any similar payment. This does not concern provision of clause 5 of business terms referring to the obligation to reimburse the price for goods in advance.
  • In case of payment in cash or cash on delivery the price of goods is due on the receiving of goods. In case of noncash payment, the purchase price is due within 10 days from conclusion of the purchase contract.
  • In case of noncash payment the purchaser is obliged to reimburse the price of goods together with variable symbol of the payment. In case of noncash payment the obligation of the purchaser to pay the purchase price is fulfilled at the moment of listing of the relevant sum in the account of the vendor.
  • The vendor has the right, especially if the purchaser does not carry out additional confirmation of the order (clause 3), to require reimbursement of the total of the purchase price before the goods are sent to the purchaser. Provision § 2119 clause 1 of Civil Code does not apply.
  • Potential discounts from prices of goods provided to the purchaser by the vendor cannot be combined.
  • If it is common in the commercial relations or if it is stated by generally binding legal regulations, the vendor shall issue a tax document – invoice regarding the payments to the purchaser. The vendor is a payer of VAT. The tax document – invoice for the purchaser by the vendor shall be issued after the goods are reimbursed, the tax document shall be sent in electronic version to the e-mail address of the purchaser.
  1. cancellation of the purchase agreement
    • The purchaser is aware that according to the provision § 1837 of Civil Code it is not, among others, possible to cancel the purchase contract on delivery of goods which have been adjusted according to purchaser´s wish or for their person, on delivery of perishable goods as well as on goods that were mixed irretrievably with other goods; it is not possible to cancel also the contract on delivery of goods in sealed packaging in case that the purchaser removed it from the packaging and - the reasons being hygiene - it is not possible to return them; and it is not possible to cancel the contract on delivery of sound or film recording or computer programme in case the original packaging has been damaged.
    • If none of the cases listed in clause 1 of the business terms or any other case when it is not possible to cancel the purchase contract, is regarded, the purchaser has the right to cancel the contract, doing so within fourteen (14) days starting from receiving of the goods, as it is in accordance with provision § 1829 article 1 of Civil Code, whereas in case the subject of the contract is made by several kinds of goods or several parts are to be delivered, the 14 day limit starts on delivery of the last piece of goods to be delivered. Cancellation of the purchase agreement shall be sent to the vendor in the time limit as stated in the sentence above, it shall be done either in written form to the address of company seat or by e-mail. In this case the vendor shall confirm receiving of the cancellation by e-mail.
    • In case of cancellation of purchase agreement in accordance with clause 2 of the business terms, the purchase contract is cancelled as void. The goods shall be returned to the vendor within fourteen (14) days from the contract cancellation. In case the contract is cancelled by the purchaser, the purchaser bears the costs connected with returning of goods to the vendor, which applies even if the goods may not be returned in a usual postal way due to its character.
    • In case of cancellation of the agreement in accordance with clause 2 of the business terms the vendor shall refund the financial means received from the purchaser within fourteen (14) days from cancellation in the same way the vendor received the financial means from the purchaser. The vendor also has the right to refund the financial means from the purchaser on the return of goods, in case the purchaser agrees and no other expenses for the purchaser shall arise. In case the purchaser cancels the purchase contract, the vendor has the right not to refund the financial means before the purchaser returns the goods or provides evidence of returning the goods to the vendor.
    • The vendor has the right to offset the claim of reimbursement of damage on goods against the claim of the purchaser refund of the purchase price.
    • In cases when the purchaser has the right to cancel the purchase contract in accordance with provision § 1829 article 1 of Civil Code, also the vendor has the right to cancel the purchase agreement anytime, until the purchaser receives the goods. In such case the vendor shall refund the purchase price to the purchaser without any unnecessary hesitation, as noncash transfer to the account determined by the purchaser.
    • If the goods are accompanied by a present for the purchaser, the gift contract between purchaser and vendor is concluded with resolutory condition that in case of cancellation of the purchase contract by the purchaser, the gift contract concerning such present becomes effectless and the purchaser shall return also the present to the vendor.
  2. Transport and delivery of goods
    • In case that the means of transport is agreed on the basis of a special request of the purchaser, the purchaser bears the risk and potential additional costs connected with the means of transport.
    • If the vendor has the obligation to deliver the goods to the place determined by the purchaser in the order according to the purchase agreement, the purchaser is obliged to take the goods over on the delivery.
    • In case that from the reasons on purchasers side the goods need to be delivered repeatedly or in another way than stated in the order, the purchaser is obliged to reimburse the costs connected with repeated delivery of goods, or costs connected with the other way of delivery.
    • When the goods are taken over from the forwarder, the purchaser is obliged to check the packaging for its completeness and in case of any damages to report it to the forwarder. In case of detection of damage proving illegal penetration into the consignment, the purchaser is not obliged to take the consignment over from the forwarder.
    • Other rights and obligation regarding transport of goods may be amended by special delivery conditions of the vendor, in case the vendor issues them.
  3. Claims from defective performance
    • Rights and obligations of contractual parties regarding claims from defective performance are governed by generally binding legal regulation (especially provisions § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of Civil Code and Act no. 634/1992 Coll., on consumer protection, as amended.
    • The vendor is accountable to the purchaser that the goods are free of defects on delivery. Specifically, the vendor is accountable to the purchaser that in the time when the purchaser received the goods:
      • the goods have the properties which the parties agreed on, if such agreement does not exist, the goods have such properties which the vendor or producer describes or which the purchaser expects with respect to the character of goods and based on advertisement,
      • the goods are fit for the purpose presented by the vendor or for the purpose that is usual for the type of goods,
      • the goods conform the agreed sample or model by its quality or its version, in the quality or version determined according to and agreed sample or model,
      • the goods are in relevant volume, amount or weight and
      • the goods conform to the requirements of legal regulations.
    • Provisions stated on clause 2 of the business terms do not apply for goods that are sold for lower price due to defect due to which the lower price is agreed, it does not apply to wear of the goods caused by its usual use, with used goods it does not apply to the defect conforming the extent of wear or use which the goods had when the purchaser received it, or if it follows from the character of the goods.
    • If the defect materializes within six months from receiving the goods, it is believed that the goods were defective already on the delivery. The purchaser has the right to put in practice the claim from defect which occurs on consumer goods within twenty-four months from receiving.
    • The claim from defective performance claims the purchaser with the vendor at the address of the company seat.
  4. other rights and obligations of contractual parties
    • The purchaser becomes the owner of the goods by reimbursement of the total price for the goods.
    • The vendor is not bound by any codices of conduct to the purchaser in the meaning of provision § 1826 article 1 section e) of the Civil Code.
    • Extrajudicial settlement of consumer disputes based on the purchase agreement belongs to relevant Czech Trade Inspection Authority, seat 567/15 Štěpánská, post code 120 00 Praha 2, Identification No: 000 20 869, internet address: http://www.coi.cz.
    • The vendor has the right to sell the goods on the basis of trade licence. Inspection of the trade is performed by relevant trade licence office in the framework of its authority. Supervision over protection of personal data is performed by The Office for Personal Data Protection. The Czech Trade Inspection Authority performs surveillance of respecting the Act no. 634/1992 Coll., on protection of the consumer, as amended.
    • The purchaser takes the risk of change in circumstances in the meaning of § 1765 article 2 of the Civil Code.
  5. Protection of personal data
    • Protection of personal data of the purchaser who is a natural person is provided by the act no. 101/2000 Coll., on protection of personal data, as amended.
    • The purchaser gives consent to processing of these personal data: name and surname, permanent address (delivery, company seat), identification number, tax identification number, e-mail address, phone number, and date of birth. (hereinafter these all as “personal data”).
    • The purchaser gives consent on processing of personal data by the vendor, only for purposes of practising the rights and obligations from the purchase agreement and for the purposes of managing of the user account. If the purchaser does not choose otherwise, they give consent on processing of personal data by the vendor, also for the purposes of obtaining information and commercial communication. Consent on processing of personal data in whole range according to this clause is not the condition which would preclude conclusion of purchase agreement. The purchaser is aware of the fact that they are obliged to state correct and truthful personal data (with registration, in the user account, in the order made from the web interface of the shop) and they are obliged to inform the vendor on changes in personal data without any hesitation.
    • The vendor may authorize a third party to process the personal data. Except the persons forwarding the goods the personal data shall not be submitted by the vendor to third parties without prior consent of the purchaser.
    • The personal data are processed for unidentified period. The personal data are processed in electronic form in automated way or in printed form in non-automated form.
    • The purchaser confirms that provided personal data are precise and that they were informed on the fact that the personal data are provided voluntarily.
    • In case that the purchaser assumes that the vendor or processor (clause 9.5) performs processing of their personal data which is in discrepancy with protection of private or personal life of the purchaser, or which is in discrepancy with legislation, especially if the personal data are not precise with respect to their purpose of processing, the purchaser may:
      • require explanation from the vendor or the processor,
      • require elimination of such a state from the vendor or processor.
    • If the purchaser requires the information on processing of their personal data, the vendor is obliged to submit the information. The vendor has the right, in accordance with the former sentence, to require relevant reimbursement which does not exceed the costs for providing the information.
  6. sending of commercial communication and storing COOKIES
    • The purchaser agrees with sending of information connected with goods, services or company of the vendor to the e-mail address of the purchaser, further the purchaser agrees with sending of commercial communication by the vendor to the e-mail address of the purchaser.
    • The purchaser agrees with storing of so called cookies to their computer. In case that the shopping on the web page is possible and the liabilities of the vendor following from the purchase agreement may be fulfilled without storing of so called cookies to the computer of the purchaser, the purchaser, in accordance with former sentence, may call off the consent any time.
  7. mail delivery
    • Correspondence will be delivered to both parties via email to their electronic addresses.
  8. Final provisions
    • If the relation arising from the purchase agreement contains an international (abroad) element, then the parties agree that the relation is governed by Czech legal system. This does not concern the rights of consumer following from generally binding legal regulation. If any provision of the business terms is invalid or ineffective, or becomes invalid or ineffective, the invalid provisions are replaced by such provision which is the closest to the invalid one. The invalidity or ineffectiveness of one provision does not influence the other provisions.
    • The purchase agreement, including the business terms is archived by the vendor in electronic form and is not accessible. The contact data of the vendor: delivery address LivingroomWorkout s.r.o., 26/1261 Pěkná, 735 64 Havířov - Suchá, address of electronic mail info@livingroomworkout.eu, phone 602 220 491.

 

In Havířov, date 20. 3. 2017

LivingroomWorkout s.r.o.                                                                                                                               

Podmínky ochrany osobních údajů
V případě zpracování osobních údajů, které je založeno na souhlasu subjektů údajů pro
účely zasílání obchodních sdělení a pro účely jiných aktivit přímého marketingu
internetového obchodníka.

Ochrana osobních údajů

1. TOTOŽNOST A KONTAKTNÍ ÚDAJE SPRÁVCE

1.1. Správcem Vašich osobních údajů je společnost LivingroomWorkout s.r.o.,
Pěkná 26/1261, Havířov – Suchá, 735 64, IČ 05210305 (dále jen
„správce“).

1.2. Kontaktní údaje správce jsou následující: Tomáš Pálka,
tpalka@livingroomworkout.eu, Pěkná 26/1261, Havířov – Suchá, 735 64
1.3. Správce nejmenoval pověřence pro ochranu osobních údajů


2. ZÁKONNÝ DŮVOD ZPRACOVÁNÍ OSOBNÍCH ÚDAJŮ

2.1. Zákonným důvodem zpracování Vašich osobních údajů je Váš souhlas
dávaný tímto správci ve smyslu čl. 6 odst. 1 písm. a) Nařízení Evropského
parlamentu a Rady 2016/679 o ochraně fyzických osob v souvislosti se
zpracováním osobních údajů a o volném pohybu těchto údajů a o zrušení
směrnice 95/46/ES (obecné nařízení o ochraně osobních údajů) (dále jen
„nařízení“).
3. ÚČEL ZPRACOVÁNÍ OSOBNÍCH ÚDAJŮ

3.1. Účelem zpracování Vašich osobních údajů je zasílání daňových dokladů za
pronájem systému, obchodních sdělení a činění jiných marketingových aktivit
správcem vůči Vaší osobě.

3.2. Ze strany správce nedochází k automatickému individuálnímu rozhodování ve
smyslu čl. 22 nařízení.

4. DOBA ULOŽENÍ OSOBNÍCH ÚDAJŮ

4.1. Doba, po kterou budou Vaše osobní údaje správcem uloženy, jsou 3 roky,
nejdéle však do odvolání Vašeho souhlasu se zpracováním osobních údajů
(pro tento účel zpracování).


5. DALŠÍ PŘÍJEMCI OSOBNÍCH ÚDAJŮ


5.1. Dalšími příjemci Vašich osobních údajů budou firmy Bohemiasoft s.r.o.
(provozovatel eshopového systému Webareal), firma Unihost s.r.o. (správce
serverů) a firma Casablanca INT (provozovat el datového centra), Heureka
Shopping s.r.o. (zpracování emailu pro zasílání emailového dotazníku
spokojenosti), účetní.
6. PRÁVA SUBJEKTU ÚDAJŮ


6.1. Za podmínek stanovených v nařízení máte právo požadovat od správce
přístup k Vašim osobním údajům, právo na opravu nebo výmaz Vašich
osobních údajů, popřípadě omezení jejich zpracování, právo vznést námitku
proti zpracování Vašich osobních údajů, a dále právo na přenositelnost
Vašich osobních údajů.

6.2. Máte právo kdykoli odvolat souhlas se zpracováním Vašich osobních údajů
daný správci. Tímto však není dotčena zákonnost zpracování Vašich
osobních údajů před takovýmto odvoláním souhlasu. Váš souhlas se
zpracováním osobních údajů můžete odvolat na emailu
tpalka@livingroomworkout.eu

6.3. Pokud byste se domníval(a), že zpracováním Vašich osobních údajů bylo
porušeno či je porušováno nařízení, máte mimo jiné právo podat stížnost u
dozorového úřadu.

6.4. Nemáte povinnost osobní údaje poskytnout. Poskytnutí Vašich osobních
údajů je nutným požadavkem pro uzavření a plnění smlouvy a bez poskytnutí
Vašich osobních údajů není možné smlouvu uzavřít či ji ze strany správce
splnit.


Tyto podmínky nabývají účinnosti dnem 20. 5. 2020

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