GENERAL TERMS AND CONDITIONS
I. Basic
provisions
1. These
General Terms and Conditions (hereinafter referred to as “GTC”) apply for
relations based on purchase contracts, concluded online at the website www.companysports.cz
between Company Sports CR s.r.o., registered in the Commercial Register
administered by the Municipal Court in Prague, Section C, Entry 253183,
identification number 04756487, and having its registered office at Věstonická
434/4, Zličín, 155 21 Praha 5 (hereinafter referred to as “CS CR”), as the seller on
one side, and the Client as the purchaser on the other side.
2. The Client
confirms that he has read the GTC before purchasing a Product and that he has
understood all of the Clauses of GTC and that he fully agrees with the GTC.
II. Definitions
1.
Client – a Consumer and any person (natural
person and/or artificial person) who is a customer of CS CR and who orders and/or
purchases products, services and materials from CS CR.
2.
Consumer – a person according to §419
of the Civil Code who is a customer of CS CR and who orders and/or purchases
products, services and materials from CS CR.
3.
Product – any product, goods,
materials, services and other, offered by CS CR for purchase online or
otherwise (mainly sporting events and courses).
4.
Civil Code – Act No.
89/2012 Coll., as amended.
5.
E-shop – online shop of CS CR,
accessible at the website www.companysports.cz.
6.
Client´s profile – an
electronic profile which each Client will activate by filling in his email
address and password provided by CS CR on the website www.companysports.cz.
The Client has the option to fill in or edit any additional information in the
Client´s profile, such as name, billing data (street, city, ZIP, country), 1photo,
telephone number, email address, etc.
7.
Vouchers – have the meaning as set
forth in Clause V.5 of the GTC
III. General information
1.
Costs for long distance communication devices do not
differ from the basic rate from the internet and/or telephone provider.
2.
Payment for any Product must be made prior to
take-over of the Product by the Client.
3.
CS CR does not conclude any contracts which subject
matter is repeated fulfilment.
4.
CS CR does not follow and is not bind by any ethical
codes of conduct.
5.
The Consumer is entitled to withdraw from the purchase
contract in a time period of 14 calendar days from concluding the purchase
contract. If the Consumer withdraws the purchase contract according to this Clause,
the consumer is obliged to bear the costs related with returning the Product to
CS CR. Further, if the Consumer withdraws the purchase contract according to
this Clause, the Consumer is obliged to pay part of the price of fulfilment
which he already consumed. The right to withdraw from the purchase contract is
further specified in the GCT.
6.
Provided that the Client has filled in his telephone
number in his Client´s profile, CS CR is entitled to contact such Client using
via telephone (mainly by SMS and for example for notifications of possible
changes in times of individual sporting courses).
IV. Ordering of Products and conclusion of purchase contract
1.
The Client has the option to order a Product by filling
in the appropriate order on E-shop. Once the Client confirms the order in the
shopping cart, the Product is reserved only for the Client.
2.
The electronic order may be completed only of all
required data and information is filled in the order form.
3.
An e-mail with the acceptance of order and information
about the delivery of ordered Products will be sent on the e-mail address
specified in the Client´s profile. The purchase contract is concluded when the Client
receives from CS CR an e-mail confirming the order of Product. CS CR is obliged
to send confirmation to the Client without undue delay upon receipt of the order.
The GTC are an integral part of the purchase contract.
4.
CS CR reserves the right to refuse an order. This
decision will be at the CS CR sole discretion. If CS CR refuses the order, the Client
will be informed immediately. If payment for the declined order has been
processed and accepted, CS CR shall be promptly refund the Client from who has ordered
and paid for the Product.
5.
Unless the law states otherwise, it applies that if after
the conclusion of the purchase contract becomes clear that delivery of the Product
is not possible, since the object of sale does not exists or/and cannot be
affixed, or delivery of the object of sale, although possible, may be done only
at a higher price, with higher costs or other difficulties, especially in cases
where the subject of the sale is not in stock, so the transactions are for CS
CR a disadvantage, because the costs of providing do not match the value of the
consideration which CS CR is to receive, or performance cannot be provided
within the period specified in the purchase contract, CS CR is entitled to
terminate the purchase contract. CS CR also reserves the right to terminate the
contract in case of obvious typographical errors regarding price or product
description.
6.
The purchase contract is concluded in English
language.
7.
Concluded purchase contracts are archived by CS CR for
the purpose of its successful performance in electronic form for a period of 2
years and are not accessible to non-participating third parties. CS CR will
allow to the Client an access to the concluded purchase contract, whenever the
seller asks in aforesaid time period.
8.
Information of the existence, nature and conditions of
extra-judicial handling of consumer complaints, including whether they can
lodge a complaint to the supervisory authority or state supervision:
a. alternative
dispute resolution esp. through (i) mediation or (ii) arbitration
(arbitration); resolving disputes in this manner is based on voluntary
participation of both parties, objectivity and impartiality of the proceedings;
b. supervisory and controlling body of the state
administration Czech Trade Inspection. Czech Trade Inspection inspects and
supervises natural and/or artificial persons selling or supplying products and
goods on the internal market, providing services or carrying out other similar
activities on the domestic market, providing consumer credit or operates a
marketplace, unless such supervision is not performed by another administrative
office according to special legislation (further details are provided in the
Act No. 64/1986 Coll., the Czech Trade Inspection Act, as amended).
9.
Before completing the order, the Client shall always have
the option of returning a step back and fix errors in implementation of the
order, especially to adjust the quantity of Products ordered or add another Product.
The entire order will then automatically update.
V. Prices and terms of payments
1.
The prices listed on the website of E-shop are
presented as final, including VAT. Valid prices are listed in time of order
confirmation.
2.
Prices do not include shipping costs. If applicable,
the shipping costs will be listed separately.
3.
The Client shall pay for the ordered Products using
one of the following payment methods:
a. credit/payment
card MASTERCARD or MAESTRO or VISA or VISA ELECTRON or DINERS CLUB
INTERNATIONAL
b. Vouchers
(purchase of Vouchers is specified in Clause V.5 of the GTC)
c. credits
from www.benefity.cz
4.
If the Client has made the payment for the Product,
but the order is refused by CS CR according to Clause IV.4 of the GCT, or CS CR
is unable to deliver the Product according to Clause IV.5 of the GCT, CS CR is
obliged to return paid amount for such Products to the Client without undue
delay.
5.
The Client may also purchase a Voucher. Payment for
Vouchers shall be made by the Client by methods of payment specified on Clause
V.3.a or in Clause V.3.c of the GTC. Vouchers may also be purchased using bonus
points, as specified in Clause VI.3 of the GTC. Upon completion of the Voucher
purchase, CS CR will deliver the purchased Voucher to the Client by email (on
email address registered in the Client´s profile). The Client is aware that
each Voucher shall be valid only for one season.
VI. Bonus points for the Client
1.
Each purchase of a Product, provided that such Product
is a sporting course or event, grants bonus points to the Client (the exact
amount of bonus is calculated for each Product differently using the following
formula: total amount of sessions in sporting course or event x 5). All received
bonus points are registered in the Client´s profile. The Client may earn
additional bonus points by attending sessions of purchased sporting courses or
events and lose already gained bonus points by not attending sessions of
purchased sporting courses and events, as follows:
a. the
Client earns 5 additional bonus points, if he attends one session of a sporting
course or event;
b. the
Client does not earn or lose any additional bonus points, if he does not attend
one session of a sporting course or event and has delivered a justified excuse
from such session at least 24 hours in advance or has provided a replacement
attendee for such session;
c. the
Client loses 5 bonus points, if he does not attend one session of a sporting
course or event and has not delivered a justified excuse from such session at
least 2 days in advance.
2.
The Client may also earn 1 bonus point, if the Client
gives a feedback rating after attending a sporting event or course.
3.
CS CR will add/deduct all bonus points to a virtual
bonus points account, which will be registered in the Client´s profile.
4.
At the end of each season, the Client will have the
option to exchange earned bonuses for discount on the next first purchased Product.
If the Client does not use such option, all bonus points will be forfeited
without compensation.
VII. Consumer´s right to terminate the purchase contract, cancellation
fee
1.
The provisions of this Clause shall apply only to
cases where the purchaser is a consumer within the meaning of § 419 of the
Civil Code.
2.
The Consumer has the right to withdraw from the purchase
contract without giving any reason within 14 days from the day following the
day on which the Consumer takes over the Product. To exercise the right of
withdrawal, the Consumer must notify CS CR of its withdrawal from the purchase contract
(for example, by a letter sent to CS CR through the postal service or e-mail). The
Client may use the form for withdrawal which is available on the E-shop;
however, the Client may choose not to use this form and to use any other form
acceptable by applicable law. In order to meet the deadline for withdrawal from
the purchase contract, it is sufficient to send the withdrawal before the
relevant deadline.
3.
If the Consumer withdraws from the purchase contract
according to previous Clause, the Consumer shall return purchased Products to
CS CR without undue delay. In the case of returning the Product, the Consumer bears
all costs associated with the transport of the Product, as well as other costs
incurred in connection with returning the Product. CS CR shall return any paid
amounts to the Client only after receipt of the returned Products, or if the
Client proves that he has sent the Product to CS CR, whichever occurs sooner. The
Client will bear the direct cost of returning the Product. The Client is
responsible for a diminution in value of the Product resulting from the
handling of the Product other than is necessary to establish the nature and
characteristics of the Product, including its functionality. If the Client has
purchased any Products using the payment method specified in Clause V.3c of the
GTC and withdraws from the purchase contract according to this Clause VII.3 of
the GTC, CS CR will not refund the Client with money but with credits to the
Client´s account on www.benefity.cz.
6.
Without respect to aforesaid Clauses, the Client
agrees to pay a cancellation fee in the amount of:
a. 25%
of the purchased Product price to CS CR, if the Client terminates the purchase
contract 60 days or more before purchased sporting event or course shall take
place;
b. 50%
of the purchased Product price to CS CR, if the Client terminates the purchase
contract from 30 to 59 days before purchased sporting event or course shall
take place;
c. 75%
of the purchased Product price to CS CR, if the Client terminates the purchase
contract from 8 to 29 days before purchased sporting event or course shall take
place;
d. 100%
of the purchased Product price to CS CR, if the Client terminates the purchase
contract 7 days or less before purchased sporting event or course shall take
place.
If
the cancellation fee is applied, CS CR will not be obliged to return the
respective amount paid by the Client for the purchased Product.
7.
The cancellation fee, specified in Clause VII.7 of the
GTC, represents a compensation for damages caused to CS CR.
VIII. Faulty performance
1.
CS CR is liable to the Client that the purchased
Products have no defects. CS CR is mainly liable to the Client that:
a. the
Product has qualities that the parties have agreed, and in the absence of
agreement, those characteristics that CS CR has described or which the Client expected
due to the nature of the Product;
b. the
Product is fit for the purpose which is stated by CS CR for its use or to which
this kind of Product is normally used;
c. the
Product is in the right quantity, measure or weight; and
d. the
Product meets the requirements of the legislation.
2.
If a defect of the Product manifests itself within six
months of receipt of the Product, it is considered that the Product was
defective at the time of takeover of the Product.
3.
The Client is entitled to exercise the right arising
from faulty performance for defects, which occur during the warranty period of twenty
four months from receipt of the Product, unless otherwise stated; however, this
Clause does not apply for:
a. Products
sold for a lower price granted for the defect for which the lower price was
negotiated;
b. wear
and tear of the Product caused by normal use;
c. or
if it is clear from the nature of the Product.
4.
Right from defective performance of the Client cannot
be exercised if the Client knew that the Product was defective at the time of concluding
the purchase contract, or if the Client caused the defect himself.
5.
If a Product has a defect, for which is CS CR liable,
and if such Product was sold for a lower price or a used Product, the Client has
the right to an adequate discount instead of the right to exchange the
defective Product.
IX. Changes of Product
1.
The Client is aware that any change in time of any
sporting event or course (Product), which is not caused by CS CR and which is
caused by a third party or otherwise (for example in cases of particular
trainer´s illness, bad weather conditions, cancellation of the sporting event
or course by a particular sports center), is not to be considered as faulty
performance of the purchase agreement. If such cases occur, CS CR shall promptly
notify the Client about such change by email and/or SMS (on email address and/or
telephone number registered in the Client´s profile) and propose an alternative
time.
2.
If the Client does not respond to such notification of
CS CR within 2 days, it is agreed that the Client agrees with such a change. If
the Client responds in aforesaid period and does not agree with the change, the
Client is entitled to full reimbursement for the particular Product.
X. Protection of personal data
1.
CS CR declares that all personal data provided by the
Client are confidential, will be used only for the performance of the purchase contract
with the Client and for marketing purposes of CS CR as well as of its
contractual partner and not otherwise disclosed and provided to third parties.
2.
Personal information provided by the Client to CS CR in
order to fulfill orders are collected, processed and stored on a secure server.
The Client gives CS CR his consent to the collection and processing of personal
data for purposes of performing the concluded purchase contract and for
marketing purposes.
3.
By registering, the Client voluntarily grants consent
to the collection, processing and updating his personal data. The Client´s personal
data will be processed and used solely in accordance with the applicable laws
of the Czech Republic, particularly with Act No. 101/2000 Coll., On Personal
Data Protection, as amended.
4.
If the Client does not want his personal data to be
further processed or does not want CS CR to send out commercial communications,
the Client may send their disapproval email to CS CR.
XI. Final Provisions
1.
CS CR, as the operator of the E-shop, is entitled to
exercise the copyrights to website www.companysports.cz
in accordance with Act No. 121/2000 Coll., Copyright Act. All rights, including
copyright, are owned by CS CR.
2.
Any use of the contents of the aforesaid website or
copying or storage, or any parts of it, other than for personal and
non-commercial, use is prohibited without written consent of CS CR.
3.
CS CR reserves the right to change the GTC unilaterally;
however, each and every unilateral change of the GTC must comply with the Civil
Code.
4.
GTC apply to the extent and wording that appears on the
aforesaid website of CS CR on the day the Client sends an electronic order on a
Product.
5.
The Client is aware and agrees that CS CR shall not be
held liable under any circumstances for any damages, injuries or other health
impairment, caused to the Client and/or by the Client to any third party during
any purchased sporting course and/or event from CS CR.
6.
Other relations between CS CR and the Client not
specified in the GTC shall be governed by the laws of the Czech Republic.
7.
The GTC are available in English.