Terms and conditions
I. General conditions
- These general terms and conditions apply to business relationship between the buyer (the Buyer) and the operator of the online store (the Seller). Both the operator of the online store and the Seller is Ing. Tereza Benešová, place of business: Sokolská 1793/50, Praha 2, 120 00, Reg.No.: 88168638, VAT: CZ8558302181.
II. Order
- The Buyer can place the order through Seller’s online store. As soon as the Buyer places the order into the ordering system, the Seller will confirm it by an email. After the Buyer receives the e-mail with confirmation of the order, the order is considered as concluded contract of sale based on existing laws and therefore as binding order.
- By placing the order the Buyer confirms that he/she is acquainted with these terms and conditions, including complaints rules, and agrees with them.
- The electronic order becomes effective after fulfilling all the required data and information. Buyer’s phone number is required for contacting by a carrier prior to delivery of the order.
- Place of delivery is the address specified by the Buyer in the registration form.
- The ownership passes to the Buyer after he/she pays for the purchase and accepts it .
- By completing the registration form or a binding order in the Seller’s online store www.maniafitnesswear.com the Buyer agrees with keeping, processing and archiving of Buyer’s personal data and data of Buyer’s purchases.
III. Price
- The Seller reserves the right to change the prices in the online store at any time without prior noticing the Buyer. Prices stated on the website are always valid and binding at the moment of placing the order. All prices are inclusive of VAT. Seller is not VAT payer.
IV. Payment methods and receipt of goods
- Payment by bank transfer / credit card / PayPal to Seller’s account before the goods is sent. In this case the Seller will not deal with the order until the money is credited to Seller’s bank account. If it is not a personal collection, postage and packaging by a shipping company within EU is free. Shipping worlwide (out of EU) is 10 EUR.
- Payment by cash when you pick up goods personally. Goods is reserved for 14 days, unless the Seller and the Buyer do not agree on later date. For picking up personally it is necessary to agree in advance with the Seller. There are not any additional fees.
- If the Buyer pay in advance but the Seller is not able to arrange delivery of the goods, the Seller will immediately return fulfillment back to the Buyer in agreed manner.
V. Delivery time
- The Seller specifies delivery time of goods to the Buyer in the order confirmation in accordance with article II. paragraph 1. If the delivery time is also stated on Seller’s website, definitive delivery time is the time stated in the order confirmation.
VI. Gift vouchers
- A process for order and purchase a gift voucher is the same as for other products. A gift voucher is then sent or given personaly to the customer, it is also possible to send it in electornical form vie email after previous agreement.
- Each gift voucher has its unique code which is necessary to add during the order when you would like to apply this gift voucher. You can write the code in the field “order note”
- If the value of the gift voucher is lower than the total value of the order for which is applied, the customer will pay the amount which is the difference between your order and gift voucher.
- If the value of the gift voucher is higher than the total value of the order for which is applied, the customer can use the remaining value of the gift voucher for the next purchase.
- Gift vouchers are valid 1 year from the date of buying. The exact expiration date is always written in the lower part of gift voucher.
VII. Withdrawal from the contract by the Buyer
- According to the Act 367/2000 Coll. The buyer has right to cancel the contract during 14 days from the receipt of fulfillment without giving any reasons.
- Goods must be returned to Seller personally or as an ordinary package. Consignment returned as cash on delivery will not be accepted.
- Goods must be in perfect condition, undamaged, intact, unused, including all documents, manuals, warranty cards, original packaging, etc., capable for further distribution. As part of the return consignment must be a copy of documentation of purchase in our store – the invoice.
- Based on returned goods like this, the Seller will immediately refund money paid for ordered goods in the amount for which the goods were bought including postage and packing. When the Buyer breaches the conditions above, the Seller will not accept the withdrawal from the contract and the goods will be returned back at Buyer’s expense.
- It is necessary to inform the Seller about returning of goods by email as follow “I withdrawal unilaterally from the contract of DD. MM. YYYY number (order number) and demand a refund of the amount paid for the goods on account number (your account number). Date and signature.”
VIII. Withdrawal from the contract by the Seller
- The Seller has right to cancel the order (after prior agreement with the Buyer), especially in such cases:
- has reasonable doubts about the true identity of the Buyer
- is unable to deliver the goods within the deadline
- in case the goods are not produced or delivered anymore
- supplier’s price has been changed significantly
- In the case the Buyer has already paid a part or the full purchase price, this amount will be immediately credited back to the Buyer’s account.
IX. Warranty
- Warranty period starts from the date of receipt of the goods. The warranty period for most of the products is provided for 24 months. If there are some products with an extended warranty period, such information is provided by the Seller on the warranty card or invoice.
X. Complaint
- When the goods is delivered to the Buyer, he is obliged to receive it properly from the carrier, check the integrity of packaging, number of packages and in the case of any defects notify immediately the Carrier. Provided that the Buyer finds any defect, it is recommended not to accept the consignment. By accepting the consignment, the Buyer confirms that the consignment meets all above requirements and no further claims regarding the package will be considered.
- If the Buyer finds an obvious defects after unpacking of consignment (incomplete consignment, mechanical defects), he/she shall immediately, not later than 3 days from the receipt of goods, notify the Seller about it in writing. In such case, the Buyer is entitled to provision of the proper fulfillment by the Seller or the refund of the purchase price or the discount selected by the Buyer.
- The place of complaint of damaged or defective goods is determined by mutual agreement between the Buyer and Seller. If the Buyer decides to send the claimed goods to the address agreed with the Seller, he arranges in his own interest that the goods will be packed in an appropriate and sufficiently protective packaging material.
- Complaint is enforced as an unilateral legal act where the Buyer determines specific defect and writes out how is this defect shown and inform which specific claim of responsibility for the defect enforces. This will be done in writing and delivered by e-mail to the Seller. Anyway do not send the goods to the Seller without prior written notification of the complaint. There is a period of 30 days for removing the defect which starts from the delivery of the claimed goods. The Seller will immediately contact the Buyer and agree on the most appropriate form of complaint procedure. In the case of the complaint it is always necessary to present a copy of document of purchase in our store – the invoice. When the complaint is repeated, the Buyer must also present a copy of the previous warranty repair. In the event that the Seller will not be able to process the complaint within 30 days from the date when the complaint was enforced, the Buyer will obtain the same rights as if it was an irremovable defect. In the case that the goods have demonstrably irremovable defect which makes completely impossible use of the goods, the Buyer has right to change the goods for the goods of the same or similar quality and type or to refund the purchase price.
- The claim on complaint will expire when the goods is using under conditions which do not meet the conditions specified in the documentation (including even notification on the original packaging of the product), with inconsiderate, excessive or improper use or by force majeure. A typical example is washing clothes in the washing machine or at higher temperatures than allowed by the manufacturer.
XI. Personal data protection
- Personal data protection of Buyer is carried out in accordance with applicable laws in the Czech Republic, especially with the Personal Data Protection Act No. 101/2000 Coll. as amended. By concluding a purchase contract you agree with processing of these personal data: first name and surname, residence address, company identification number, VAT identification number, e-mail address, telephone number and date of birth.
- Your personal data is used solely for our internal needs, namely for the purposes of realization of rights and obligations under the purchase contract and for the purpose of maintaining a user account. Unless you choose another option, you also agree with processing of personal data for the purpose of sending information and commercial communications. Your consent with processing of personal data in its entirety is not a condition which wouldn’t enable to conclude the purchase contract.
- Your personal data is not (without your previous consent) provided to the third parties. The exception may be an authorized processor or contract carriers, who receive only minimum of your personal data necessary for consignment delivery without problems. Your personal data is fully secured against misuse.
- The personal information you provide (when registering, in your user account, when ordering from the web store interface) must be correct and truthful, in the event of a change of personal data, you have to inform us about this change without undue delay. By concluding the purchase agreement, you confirm that the personal data provided is accurate and that you have been informed that this is a voluntary disclosure of personal data.
- If you believe that the processing of your personal data is carried out in violation of the protection of your private and personal life or in violation of the law, in particular, if personal data is inaccurate with regard to the purpose of its processing, you may request an explanation and rectification of this situation.
- You have the right to access and correct your personal data, including other legal rights to this data. You also have the right to request information about processing of your personal data, which will be provided to you. This information may be charged, such a fee will not exceed the cost of providing the information.
- You can find more details about protection and personal data processing here.
XII. Final provisions
- These terms and conditions apply as stated on the website of the Seller at the date of dispatch of the order by the Buyer.
- By sending the order the Buyer accepts all the provisions of the terms and conditions in force at the date of dispatch of the order, valid price of the ordered goods, including shipping and postage, unless it was clearly arranged otherwise for a particular case. The Buyer is irrevocably bound by sending the order.
- The participants explicitly agreed within the meaning of § 262 paragraph 1 of the Commercial Code, that unless the conditions expressly stated otherwise, their rights and obligations follow the Commercial Code, particularly § 409 et seq.