Terms and conditions

Terms and conditions

Saunama & SPA s.r.o., with its registered office at K Vodárně 1532, 735 53 Dolní Lutyně, Company ID No.: 14304091, a company registered in the Commercial Register maintained by the Regional Court in Ostrava under file No. C 88477 (hereinafter referred to as the “Seller”)

for the purpose of selling Goods through the e-shop www.fit-reb.cz (hereinafter the “E-shop”).

Contact details: e-mail: info@fit-reb.cz, tel: 739371902

1. BASIC PROVISIONS

1. These general terms and conditions (hereinafter the “TC”) govern the mutual rights and obligations of the Seller and the buyer (hereinafter the “Customer”) when concluding a purchase contract or another agreement through the E-shop (hereinafter the “Contract”).

1. The provisions of the TC form an integral part of the Contract. Deviating arrangements in the Contract take precedence over the provisions of these TC.

1. These TC and the Contract are concluded in the English language.

1. The provisions of these TC concerning rights arising from defective performance apply only if the Customer is also a consumer within the meaning of Act No. 89/2012 Coll., the Civil Code, as amended and in force (hereinafter the “Civil Code”). If the Customer is not a consumer, such Customer shall acquire rights from defective performance only to the extent and under the conditions set out in the Civil Code.

• USER ACCOUNT

• The Customer may register on the E-shop and create a user account through which they will primarily conclude the Contract (hereinafter the “User Account”).

• When creating a User Account, the Customer is obliged to provide the required information truthfully, especially their first name, last name, date of birth, address, e-mail, and telephone number. The User Account will be linked to the e-mail address provided by the Customer.

• The password to the User Account is known only to the Customer. If the Customer forgets or loses the password, they can click on the “Send forgotten password” option when logging into their User Account. The Customer will then receive instructions at the provided e-mail address on how to create a new password.

• The Customer is responsible for their User Account and is not authorized to allow other persons to access their User Account. If the Customer, whether intentionally or negligently, discloses their login details to a third party and the account is misused, the Customer bears responsibility for such misuse.

• If the Customer believes that their User Account has been misused or could be misused, they shall report this fact to the Seller without delay, and the Seller will block the User Account.

• If the Customer believes that their User Account has been misused or could be misused, they shall report this fact to the Seller without delay, and the Seller will block the User Account.

• Creating a User Account is a necessary condition for accessing certain purchased Products – specifically instructional videos, consultations, and other services to which the Customer will be granted access through this User Account after concluding the Contract.

• CONCLUSION OF THE CONTRACT

• If the Customer is interested in purchasing Goods or services (hereinafter the “Goods”) offered on the E-shop, they click on the “Add to cart” button (hereinafter the “Order”). Before adding the Goods to the virtual cart, the Customer has the option to configure certain parameters of the Goods being purchased (e.g., colour, size, etc.). The Customer then selects the method of payment and delivery of the Goods.

• By creating the Order, the Customer agrees to the use of remote communication means when concluding the Contract. The costs incurred by the Customer through the use of remote communication means are borne by the Customer. These costs do not differ from the standard rate.

• Before submitting the Order, the Customer is allowed to check and modify the data they have entered. The data provided by the Customer is considered correct by the Seller. For the proper submission of the Order, it is necessary to fill in all the required information and for the Customer to confirm that they have read these TC and the Privacy Policy. The Customer sends the Order to the Seller by clicking the “Place binding order and pay” button.

• Immediately after receiving the Order, the Seller will send the Customer a confirmation of its receipt and a summary of the Order, including the Customer’s delivery and personal details, to the e-mail address provided by the Customer when placing the Order. The Contract is concluded upon delivery of this confirmation of receipt of the Order.

• If the Seller cannot fulfil any of the requirements stated in the Order, the Seller will send the Customer a modified offer to the Customer’s e-mail address. The modified offer is considered a new proposal for the Contract, and in such a case, the Contract is concluded when the Customer confirms acceptance of this offer by sending the confirmation to the Seller’s e-mail address specified in these TC, or to the e-mail address from which the modified offer was sent.

• If an obvious technical error occurs on the part of the Seller when stating the price of a Product on the E-shop or during the ordering process, the Seller is not obliged to deliver the Product to the Customer at this clearly incorrect price, even if the Customer has received an automatic confirmation of receipt of the Order according to these TC. The Seller shall inform the Customer of the error without undue delay and send a modified offer to the Customer’s e-mail address. The modified offer is considered a new proposal for the Contract, and in such a case, the Contract is concluded when the Customer confirms its acceptance to the Seller’s e-mail address.

• PRICE OF GOODS, COSTS, AND PAYMENT AND DELIVERY CONDITIONS

• The price of the Product is always stated with the respective Goods, including value added tax (hereinafter the “Price of Goods”). The Price of Goods does not include shipping and packaging costs, the amount of which varies depending on the delivery and payment method chosen by the Customer. The Customer will be informed of these costs, which must be paid together with the Price of Goods, no later than at the moment of selecting the delivery and payment method, i.e., before submitting the Order. The stated delivery and payment options and the amount of these costs apply only to delivery within the territory of the Czech Republic. If the Customer wishes to have the Goods delivered abroad, they must contact the Seller before placing the Order to agree on the ordering procedure and shipping costs.

• If the Customer receives a shipment that is visibly damaged, the Customer is obliged to report this fact to the carrier before accepting the shipment. If the packaging shows signs of attempted unauthorized opening, the Customer does not have to accept the shipment from the carrier.

• Prices remain valid for the period during which they are displayed on the E-shop. This provision does not exclude the conclusion of a Contract under individually agreed conditions.

• The Customer may pay the Price of Goods and the costs associated with delivering the Goods under the Contract in the following ways:

1. by cashless bank transfer to the Seller’s bank account No. 2502139298 / 2010, held with Fio Banka;
2. by payment card via the ThePay payment gateway;

• If the Customer chooses payment by bank transfer, the Seller will send the Customer the payment details — bank account number, variable symbol, and the amount to be paid — to their e-mail after receiving the Order. After the payment is credited to the bank account, the Seller will send the Customer an Order confirmation.

• If the Customer chooses to pay via the payment gateway, they will be redirected to the payment gateway, where they will follow the instructions of the respective payment service provider.

• In the case of cashless payment, the total price is due within 7 days from the conclusion of the Contract; until the price and the costs associated with the delivery of the Goods are paid, the Seller is not obliged to dispatch the Goods.

• Until the amount corresponding to the total price — representing the Price of the Goods and the shipping and packaging costs — is credited to the Seller’s bank account, or handed over in cash upon personal collection, the Goods remain the property of the Seller. The Customer becomes the owner of the Goods only after full payment of the purchase price.

• Goods consisting of training videos and other digital content will be delivered to the Customer via the User Account within 24 hours after full payment of the Price of Goods and costs. Without creating a User Account, delivery of this type of Goods is not possible.

• SERVICE AGREEMENT

• The provisions of this Article of the Terms and Conditions apply to Agreements whose subject is the provision of services.

• The Seller also offers, via the E-shop, the purchase of services consisting of a consultation with a physiotherapist, the creation of a tailor-made meal plan by a nutrition therapist, and others (hereinafter referred to as the “Services”). These Services are provided exclusively online, in the manner specified for the particular Service in the E-shop.

• The Customer will be contacted within 24 hours of full payment of the Price of the Goods and costs for the purpose of arranging the date of the initial online consultation.

• The Customer has rights arising from defective performance if the Seller performs defectively, that is, if:

a) provides the subject of performance that does not have the specified or agreed characteristics,
b) fails to inform about defects that the subject of performance has, even though such defects are not usual for that type of subject,
c) assures the Customer, contrary to fact, that the subject of performance has no defects or that the item is suitable for a particular use, or
d) disposes of another’s property without authorization as if it were its own.

• If the defect is removable, the Customer may demand either repair or completion of what is missing, or an appropriate discount on the price. If the defect cannot be removed and the subject cannot be properly used because of it, the Customer may either withdraw from the contract or demand an appropriate discount on the price.

• The Customer is obliged to notify the defect without undue delay. A defect may be notified within six months from the receipt of the subject of performance.

• WITHDRAWAL FROM THE CONTRACT

• The Customer – consumer has the right to withdraw from the Contract without giving any reason within fourteen (14) days from the date of receipt of the Goods, or from the date of receipt of the last item of Goods if the Buyer orders several items of Goods within one order that are delivered separately, from the date of receipt of the last item or part of a delivery of Goods consisting of several items or parts, or from the date of receipt of the first delivery of Goods if the Contract provides for regular deliveries of Products for an agreed period.

• The Customer may not, among other things, withdraw from the Contract:

1. for the provision of services, if they have been provided in full; in the case of paid performance, only if the provision began with the consumer’s prior explicit consent before the expiry of the withdrawal period and the trader informed the consumer before concluding the Contract that by providing the performance the right to withdraw from the Contract expires,
2. for the supply of goods or services whose price depends on fluctuations in the financial market independent of the trader’s will and which may occur during the withdrawal period,
3. for the supply of alcoholic beverages whose price was agreed at the time of conclusion of the Contract, with delivery possible only after thirty days have elapsed and whose actual value depends on market fluctuations independent of the trader’s will,
4. for the supply of goods made according to the consumer’s specifications or clearly customized to their personal needs,
5. for the supply of goods that are perishable or have a short shelf life, as well as goods that were irreversibly mixed with other goods after delivery due to their nature,
6. for urgent repairs or maintenance to be carried out at the place designated by the consumer at their explicit request; however, this does not apply to the performance of repairs other than those requested or the supply of goods other than spare parts necessary for the repair or maintenance,
7. for the supply of goods in sealed packaging which, for health protection or hygiene reasons, is not suitable for return once the consumer has broken the seal,
8. for the supply of audio or video recordings or computer software in sealed packaging if the seal has been broken by the consumer,
9. for the supply of newspapers, periodicals or magazines, except for subscription contracts for their supply,
10. for accommodation, transport of goods, rental of a means of transport, catering or leisure activities, if performance is to take place on a specific date or during a specific period under the Contract,
11. concluded on the basis of a public auction under another statute at which the consumer may be physically present, or
12. for the supply of digital content not supplied on a tangible medium, once performance has begun; in the case of paid performance, if it began with the consumer’s prior explicit consent before the expiry of the withdrawal period, the consumer was informed that this extinguishes the right to withdraw from the Contract, and the trader provided the confirmation pursuant to Sections 1824a (1) and (2) or 1828 (3) and (4) of the Civil Code.

• To comply with the time limit for withdrawal from the Contract, the Customer must send a notice of withdrawal within the withdrawal period.

• To withdraw from the Contract, the Customer may use the model withdrawal form provided by the Seller. The Customer shall send the notice of withdrawal to the Seller’s email or delivery address specified in these Terms. The Seller shall confirm receipt of the form to the Customer without delay.

• A Customer who has withdrawn from the Contract is obliged to return the Goods to the Seller without delay, but no later than 14 days from withdrawal from the Contract. The Customer bears the costs associated with returning the Goods to the Seller, even in cases where the Goods cannot be returned by ordinary postal means due to their nature.

• If the Customer withdraws from the Contract, the Seller shall return to the Customer without delay, but no later than 14 days from withdrawal, all monetary funds received from the Customer, including delivery costs, by transfer to the bank account provided by the Customer. The Seller shall return the funds by another method only if the Customer agrees and if no additional costs arise thereby.

• If the Customer chose a delivery method other than the least expensive method offered by the Seller, the Seller shall refund delivery costs only in the amount corresponding to the least expensive offered delivery method.

• If the Customer withdraws from the Contract, the Seller is not obliged to refund the received funds before receiving the Goods or before the Customer proves that the Goods have been sent back to the Seller, whichever occurs first.

• The Customer must return the Goods to the Seller undamaged, unused, and clean and, if possible, in the original packaging. The Seller is entitled to unilaterally set off a claim for compensation for damage to the Goods against the Customer’s claim for a refund of the purchase price.

• If the Customer receives a gift with the Goods and subsequently withdraws from the Contract in accordance with this Article, the Customer is obliged to return the gift to the Seller as well. For these purposes, the gift agreement is concluded with a resolutory condition.

• For the sake of completeness, it is stipulated that the provisions of this Article apply only if the Customer is a consumer.

• RIGHTS FROM DEFECTIVE PERFORMANCE

• The Seller is liable to the Customer that the Goods are free of defects upon receipt. In particular, the Seller is liable to the Customer that at the time the Customer took over the Goods:

1. the Goods correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
2. the Goods are suitable for the purpose for which the Customer requires them and which the Seller has agreed to, and the Goods are delivered with the agreed accessories and instructions for use, including assembly or installation instructions,
3. the Goods are suitable for the purpose for which goods of this type are usually used, also with regard to third-party rights, legal regulations, technical standards or codes of conduct of the relevant industry, if no technical standards exist,
4. the Goods, in terms of quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual characteristics of items of the same kind that the Customer may reasonably expect, also having regard to public statements made by the Seller, in particular in advertising or labelling.

• In the case of the supply of digital content, the Seller is further liable to the Customer that at the time the Customer took over the Goods:
  
  • it corresponds to the agreed description and scope, as well as quality, functionality, compatibility, interoperability and other agreed characteristics, it is suitable for the purpose for which the user requires it and which the provider has agreed to, and
  • it is provided with the agreed accessories and instructions for use, including installation instructions, and with user support.

• If a defect appears within twelve months from the Customer’s receipt of the Goods, it is presumed that the Goods were defective at the time of receipt. A Customer – consumer is entitled to notify a defect that appears on the Goods within two years from receipt.

• Rights from defective performance do not apply to Goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the Goods caused by normal use, or to defects corresponding to the degree of use or wear which the Goods had at the time of receipt by the Customer, or if this follows from the nature of the Goods.

• The provisions of the previous points apply only to Customers who act as consumers in the Purchase Contract. If the Customer acts as an entrepreneur, the Seller is liable only for defects that the Goods had at the time the Customer received them. In such a case, the Customer must notify the defect without undue delay after discovering it, but no later than 12 months from the date of receipt of the Goods.

• The Seller is not liable for defects of the Goods that the Customer knew about at the time of conclusion of the Contract, or with regard to the circumstances under which the Contract was concluded must have known about, nor for defects caused by the Customer himself.

• In the event a defect occurs, the Customer may file a complaint with the Seller and request:
  
  • delivery of new Goods without defects, or
  • repair of the Goods.

The Seller may refuse to remedy the defect if it is impossible or disproportionately costly, especially with regard to the significance of the defect and the value the Goods would have without the defect.

• The Customer has the right to request an appropriate discount or to withdraw from the Contract if
  • the Seller refuses to remedy the defect, or has not remedied it in accordance with Section 2170(1) and (2) of the Civil Code;
  • the defect appears repeatedly;
  • the defect constitutes a material breach of the Contract; or
  • it is evident from the Seller’s statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Customer.

• The provisions of this Article do not apply to Contracts for the supply of services.

• RIGHTS FROM DEFECTIVE PERFORMANCE – DIGITAL CONTENT

• The Customer may notify a defect that appears or occurs in the digital content during the term of the obligation. In the case of a one-off supply, they may notify a defect that appears in the digital content within two years from its provision.

• If the digital content has a defect, the Customer may request its removal, unless this is impossible or disproportionately costly; this is assessed in particular with regard to the significance of the defect and the value the digital content would have without the defect.

• The Seller shall remove the defect within a reasonable time after it has been notified, so as not to cause significant inconvenience to the Customer, taking into account the nature of the digital content and the purpose for which the Customer required it.

• The Customer may request an appropriate discount or withdraw from the contract if

1. the Seller has not removed the defect in accordance with Section 2389l of the Civil Code, or it is evident from the Seller’s statement or from the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the Customer,
2. the defect appears even after its removal, or
3. the defect constitutes a material breach of the contract.

• MAKING A CLAIM

• The provisions of this section apply in the event of exercising rights from defective performance.

• The Seller is obliged to accept a claim at any establishment where accepting a claim is possible, or at the registered office or place of business. In the case of sending Goods by postal shipment, the Customer must also attach a brief description of the defect and how it manifests, or use the form available on the E-shop website. The Seller is obliged to issue the Customer a written confirmation stating when the Customer exercised the right, what the claim contains, and what method of handling the claim the Customer requests, as well as a confirmation of the date and manner of the claim’s settlement, including confirmation of the repair performed and its duration, or a written justification for rejecting the claim.

• The Customer must prove that they are entitled to make the claim, in particular by presenting the date of purchase of the Goods, either by submitting a sales document, confirmation of the Seller’s obligations from defective performance, a warranty certificate, or another credible means. The Customer is not entitled to make a claim regarding a defect that has already been claimed in the past if an appropriate discount was provided on the purchase price for that defect.

• The Seller or an authorized employee shall decide on a claim made by a Customer – consumer immediately, or within three working days in complex cases. This period does not include the time reasonably required, according to the type of product or service, for professional assessment of the defect.

• The claim, including removal of the defect and informing the Customer – consumer of the claim’s settlement, must be handled without delay, but no later than 30 days from the date of the claim, unless a longer period is agreed between the Seller and the Customer. The futile expiration of this period is considered a material breach of the Contract, and the Customer – consumer has the right to withdraw from the Contract or request an appropriate discount.

• If the claim is made by a Customer who is not a consumer, the Seller undertakes to process the claim within 90 days from the date of receipt of the Goods for the claim.

• The Customer must collect the claimed Goods within 30 days from the date the claim should have been settled at the latest; after this period, the Seller is entitled to charge reasonable storage fees or sell the Goods on the Customer’s behalf. The Seller must inform the Customer in advance of this procedure and provide a reasonable additional period to collect the Goods.

• In the event of a justified claim, the Customer is entitled to reimbursement of the necessary costs incurred in connection with making the claim. The Customer may exercise this right with the Seller within one month after the expiration of the warranty period or the period for exercising rights from defective performance.

• The choice of how the claim is settled belongs to the Customer.

1. INFORMATION OBLIGATION

1. The Seller informs the Customer that:
2. the costs of means of distance communication (internet, telephone) are borne by the Customer; however, these do not differ from the basic rate;
3. for out-of-court handling of complaints, the Customer may contact the Seller’s contact e-mail: info@fit-reb.cz; the Seller will promptly confirm receipt of the Customer’s complaint to the Customer’s e-mail; information on the resolution of the complaint will also subsequently be sent to the Customer’s e-mail;
4. the Customer has the right to out-of-court resolution of consumer disputes; the entity for out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority (www.coi.cz)
5. information about the Contract will be stored electronically by the Seller; this information is not publicly accessible; upon request, the information and documents will be sent to the Customer by the Seller;
6. the Contract can be concluded in the English language;
7. the Seller is not bound by any code of conduct within the meaning of Section 1826 of the Civil Code.

1. FINAL PROVISIONS

1. From time to time, it is necessary to amend the Terms and Conditions to a reasonable extent. If the Seller concludes that some improvement or other change to the Terms and Conditions is needed, an updated version will be issued. The Contract is governed by the Terms and Conditions effective on the date of its conclusion.

1. Should any provisions become invalid or ineffective due to changes in legal regulations or for other reasons, the remaining provisions shall remain valid, unless this contradicts their purpose or concerns provisions that cannot be separated from the rest of the Terms and Conditions.

1. All contractual relationships between the parties are governed by the law of the Czech Republic, and all disputes arising from these contracts shall be decided by the competent courts in the Czech Republic.

1. For out-of-court resolution of consumer disputes arising from contracts concluded between the Seller and the Customer, the competent authority is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs.

1. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (the Regulation on consumer ODR).

1. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection.

1. The protection of personal data is governed by the Privacy Policy, which forms an integral part of these Terms and Conditions.

THESE TERMS AND CONDITIONS SHALL ENTER INTO FORCE AND EFFECT ON 1 SEPTEMBER 2023