Commercial Terms and Conditions
1.1. These Commercial Terms and Conditions (hereinafter referred to as the „Commercial Terms“) of the legal person EVLS FITNESS, s.r.o., with the registered office at Na Sychrově 975/8, 101 00 Prague 10, identification number: 24297909, registered in the Commercial Register kept by the Municipal Court in Prague, section C, insert 194137 (hereinafter referred to as the „Seller“) regulate the mutual rights and obligations of the Parties emerged in relation or on a basis of the Purchase Agreement (hereinafter referred to as the „Purchase Agreement“) concluded between the Seller and other natural or legal person (hereinafter referred to as the „Purchaser“) via the e-shop of the Seller. The Seller runs the e-shop on the website of store.evlspraguepro.com by means of the web interface (hereinafter referred to as the “E-shop web interface”).
1.2. The Commercial Terms further regulate the rights and obligations of the Parties when using the website of the Seller on the address of store.evlspraguepro.com (hereinafter referred to as the “Website”) and other related legal relationships. Provisions dissimilar to the Commercial Terms may be agreed on in the Purchase Agreement. The dissimilar provisions of the Purchase Agreement shall be preferred to the provisions of the Commercial Terms.
1.3. The provisions of the Commercial Terms constitute an integral part of the Purchase Agreement. The Purchase Agreement and the Commercial Terms are made in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.4. The text of the Commercial Terms may be modified or amended by the Seller.
2.1. The Purchaser can access its user’s interface based on the registration of the Purchaser on the Website. The Purchaser can order goods through its user’s interface (hereinafter referred to as the „User’s account”). In case that the web interface enables it, the Purchaser may also order goods without the registration directly through the web interface.
2.2. The Purchaser is required to provide correct and complete data during the registration on the Website. The Purchaser is obliged to update the data provided in the User’s account in case of any changes. The data provided by the Purchaser in the User’s account and when ordering the goods are considered to be correct by the Seller.
2.3. The access to the User’s account is secured by a user name and a password. The Purchaser is obliged to meet the obligation of confidentiality regarding the information necessary for the access to its User’s account and it takes into consideration that the Seller does not assume responsibility for breaching this obligation by the Purchaser.
2.4. The Purchaser is not entitled to enable third persons to use the User’s account.
2.5. The Seller is entitled to cancel the User’s account, especially in case that the Purchaser does not use its User’s account for more than 100 days, or, in case that the Purchaser breaches its obligations arising from the Purchase Agreement (including the Commercial Terms).
2.6. The Purchaser takes into consideration that the User’s account may not be available incessantly, in particular with respect to the necessary hardware and software maintenance of the Seller, possibly the necessary hardware and software maintenance of the third persons.
3.1. The Seller notifies that:
a) the costs for communication means at distance do not differ from the basic tariffs (according to the terms of the Seller’s operator in case of the internet access),
b) requires that the purchase price is paid before the Purchaser accepts the performance from the Seller, possibly an obligation to pay an advance payment or a similar payment is related to the Purchaser’s requirements on provision of special services, if these are required or provided and/or if the Purchaser does not additionally confirm the order, see below,
c) the Seller does not conclude agreements on the repeated performance;
d) the prices of goods and services available on the Website administered by the Seller include value added tax and all respective charges stipulated in law, although the costs of goods or services delivery differ according to the selected method of transport, the carrier and the method of payment;
e) in case that the Purchaser is a consumer, the consumer is entitled to withdraw from the agreement (if not stipulated otherwise below), within the period of fourteen days that starts on
(i) the day of acceptance of the goods in case of a purchase agreement,
(ii) the day of acceptance of the last delivery in case of an agreement on several types of goods or delivery of the goods divided into more parts; or
(iii) the day of acceptance of the first delivery in case of an agreement on regular and repeated delivery of goods; whilst the notice of withdrawal shall be sent to the address of the Seller’s seat;
f) Purchaser – consumer cannot withdraw from an agreement:
(i) on provision of services that the Seller performed with prior explicit consent of the Purchaser before the period specified for a withdrawal from the agreement expires,
(ii) on delivery of goods or services, whose price depends on deviations at the financial market independent of the Seller’s will and which can occur during the period specified for a withdrawal from the agreement,
(iii) on delivery of alcohol beverages, which can be delivered after a thirty-day period expires and whose price depends on deviations at the financial market independent of the Seller’s will,
(iv) on delivery of goods, which was modified at the request of the Purchaser or for itself,
(v) on delivery of goods of a perishable nature, as well as goods mixed with another goods after delivered,
(vi) on service or maintenance performed in a location determined by the consumer at its request; although this does not apply to subsequent performance of other reparations than requested or delivery of other spare parts than requested,
(vii) on delivery of goods in closed wrapping whose wrapping was removed and the goods cannot be re-wrapped due to hygienic reasons,
(viii) on delivery of audio or video recordings or PC program, in case the original wrapping was damaged,
(ix) on delivery of newspaper, periodicals or journals,
(x) on accommodation, transport or leisure time activities, if the entrepreneur provides the performance duly and in time,
(xi) concluded on a basis of a public auction in conformity with the law stipulating public auctions, or
(xii) on delivery of digital content, if not delivered on a tangible device and if delivered with prior explicit consent of the Purchaser before the period specified for a withdrawal from the agreement expires,
g) the costs connected to returning of the goods are borne by the Purchaser – consumer in case of withdrawal from the agreement, and if an agreement concluded via means of communication at distance is concerned, also the costs for returning the goods in case this goods cannot be returned by usual way by mail due to its nature;
h) the Purchaser – consumer is obliged to pay a proportional part of the price in case of a withdrawal from the agreement on provision of services which performance already started;
i) an agreement, or a respective tax document, will be saved in the electronic archive of the Seller, whilst the registered users have also access to these documents through their profile,
j) a complaint made by the consumer may be asserted to the Seller, or it may possibly approach a supervising authority or a state authority.
4.1. The E-shop web interface provides a list of goods offered by the Seller for purchase, inclusive of the prices of each individual offered item. The price of offered items include value added tax and all related charges. The offer and the prices remain valid till displayed on the E-shop web interface. This provision does not limit the opportunity of the Seller to conclude purchase agreements under individually agreed terms. All offers displayed on the E-shop web interface are not biding and the Seller is not obliged to conclude a purchase agreement on that respective goods.
4.2. The E-shop web interface also contains the information about costs related to wrapping and delivering of the goods.
4.3. For the purpose of ordering the goods, the Purchaser fills in an order form on the E-shop web interface. The order form includes particularly the information of:
(i) ordered items (the Purchase shall “put” the ordered items into the electronic shopping basket through the E-shop web interface),
(ii) method of payment of the purchase price of the goods, information of required way of delivery of the ordered goods,
(iii) costs related to the delivery of goods (hereinafter collectively referred to as the “Order”),
(iv) invoice address and delivery address of the Purchaser.
4.4. Before the Purchaser sends the Order to the Seller, it has the opportunity to check and change the data entered in the Order, so that the Purchaser was enabled to discover and correct mistakes emerged when entering the data in the Order. The Purchaser shall send the Order by clicking on the button “Send the order”. The data mentioned in the Order are considered to be correct by the Seller. The Seller shall confirm the receipt of the Order via electronic mail immediately after receiving it, to the email address of the Purchaser set forth in the user’s interface or in the Order (hereinafter referred to as the “Purchaser’s email address”).
4.5. The Seller is always entitled to ask the Purchaser for additional confirmation of the Order (e.g. in writing or by phone) depending on a character of the Order (amount of goods, purchase price, expected transportation costs).
4.6. The contractual relationship between the Seller and the Purchaser emerges when the Order is accepted and the notice of acceptance is delivered via electronic mail to the Purchaser, or to the Purchaser’s email address respectively.
4.7. The Purchaser takes into consideration that the Seller is not obliged to conclude a purchase agreement particularly with persons that earlier breached a purchase agreement in a substantial manner (including the Commercial Terms).
4.8. The Order is binding for the Purchaser since the moment when the ordering through the Website is finished, yet it is possible to modify it if the Seller contacts the customer notifying it of the fact that the ordered goods is no longer available. The Order might be cancelled via the web interface not after 17:00 of the day prior to the day of delivery. Neither a cancellation, nor any modification is possible after the moment when the goods is dispatched to the Purchaser. When cancelling or modifying the Order, the Purchaser is obliged to mention the order number, the order date and possibly also the bank account number for potential purchase price refund.
4.9. The Purchaser agrees with using communication means at distance when concluding the Purchase Agreement. The costs incurred to the Purchaser when using communication means at distance in relation to the conclusion of the Purchase Agreement (costs for internet access, phone charges) are borne by the Purchaser itself.
4.10. By ordering the goods the Purchaser confirms that it is familiarized with these Commercial Terms and that it explicitly agrees with them, as they are valid and effective at the moment of sending the Order.
5.1. The Purchaser might pay the price of goods and potential costs connected to the delivery of the goods according to the Purchase Agreement by the following payment methods:
(i) cash payment on personal collection of ordered goods (only after previous agreement)
(ii) bank payment (ordered goods shall be dispatched after the purchase price is charged to the Seller’s account)
5.2. Apart from the purchase price, the Purchaser is also obliged to pay the costs related to wrapping and delivering of the goods by the Seller. If not stipulated otherwise, the purchase price also refers to the costs related to delivery of the goods.
5.3. In case of the cash payment, the purchase price is payable at the moment of the acceptance of the goods.
5.4. Eventual discounts from the price of goods provided by the Seller to the Purchaser cannot be combined.
5.5. The Seller shall issue a tax document – invoice – for the payments made on the basis of the Purchase Agreement. The Seller is a value added tax payer. The tax document – the invoice - shall be issued by the Seller to the Purchaser at the moment when the goods is dispatched and it shall be attached to the Order.
Withdrawal from the Agreement by the consumer:
6.1. The Purchaser is entitled to withdraw from the Agreement within the period of fourteen days. The period mentioned in the first sentence starts on the day of conclusion of an agreement, and concretely in terms of:
i) a purchase agreement, on the day of the acceptance of the goods,
ii) an agreement on several types of goods or on delivery of the goods divided into more parts, on the day of the acceptance of the last delivery of the goods, or
iii) an agreement on regular repeated delivery of the goods, on the day of the acceptance of the first delivery of the goods.
6.2. The withdrawal shall be performed in a written form and delivered to the Seller to its delivery address, see below.
6.3. In case the Purchaser withdraws from the Agreement, it shall send or hand over to the Seller the goods received from the Seller without delay, although not later than within fourteen days since the act of withdrawal, at its own expense.
6.4. The Purchaser shall return the complete goods with complete documentation, undamaged, clean and, if possible, in the original wrapping, in the same form and of the same value as it was when accepted.
6.5. The Purchaser is responsible only for the value decrease of the goods that occurred as a consequence of treating the goods in other way than expected with respect to its character and attributes.
6.6. In case that the Purchaser withdraws from the Agreement, the Seller shall return all money received on the basis of this Agreement without delay, although not later than within fourteen days since the act of withdrawal from the Agreement, by the same method of payment.
6.7. In case the Seller withdraws from the Agreement, it is not obliged to refund the received money to the Purchaser before the Purchaser hands over the goods or proves that the goods has been dispatched to the Seller.
6.8. The Purchaser takes into consideration the fact that if any gifts are provided along with the goods, the contract of donation is concluded between the Seller and the Purchaser on condition that if the Purchaser asserts its right to withdraw from the Purchase Agreement, the contract of donation loses its effect and the Purchaser is obliged to return all provided gifts received along with the goods, included all other received things to the Seller. In case these are not returned back, it shall be considered as an unjust enrichment of the Purchaser. If the subject to the unjust enrichment cannot be returned, the Seller is entitled to receive pecuniary compensation equalling to the usual price.
Withdrawal from the Agreement in other cases
6.9. The Purchaser is neither entitled to withdraw from the Agreement, nor to request re-delivery of new items, if it cannot return the items in the state, as they was when accepted. This does not apply if
a) a change occurred as a result of an examination in order to discover the defects of the goods,
b) the Purchaser used the item before the defect was discovered,
c) the Purchaser did not cause the impossibility of returning the item in unchanged state by its treatment or negligence, or
d) the Purchaser sold the item before the defect was discovered, the item was consumed or changed when commonly used, in case this happened only partly, the Purchaser shall return what is possible to be returned to the Seller, and provide the Seller with a compensation equalling to the value of the benefit it received from the use of the item.
6.10. If the Purchaser does not report the defect of the item in time, it loses its right to withdraw from the Agreement.
Miscellaneous
6.11. The Purchaser confirms that it takes into consideration that the withdrawal from the Agreement on the goods (foodstuff) of a perishable nature (e.g. fruits, vegetables or food of animal origin) or the goods (food), that cannot be re-used due to hygienic reasons, or already used goods (e.g. if safety wrapping or safety closure is damaged by the Purchaser), or the goods that might be contaminated (e.g. food), is not possible. In order to comply with the hygienic norms and the Commercial Terms the Purchaser agrees that the Seller is entitled to refuse the withdrawal from the Agreement in case of any suspicion of their breach by the Purchaser, and to send the returned goods back to the Purchaser at its expenses, and if this is not possible (e.g. due to hygienic reasons or due to damaged safety wrapping), the Seller is entitled to immediately liquidate the goods.
7.1. If not stipulated otherwise in the Agreement, the means of delivery are selected by the Seller. In case that the means of delivery are agreed on the basis of the Purchaser’s request, the risk and possible additional costs related to the delivery are borne by the Purchaser.
7.2. In case that the Seller is, by virtue of the Purchase Agreement, obliged to deliver the goods to the location defined by the Purchaser in the Order, the Purchaser is obliged to accept the goods at the moment of the delivery. If the Purchaser does not accept the goods at the moment of the delivery, the Seller is entitled to require a storage charge equalling to CZK 200.00 (in words: two hundred Czech crowns) and it is further entitled to withdraw from the Purchase Agreement.
7.3. In case that, due to reasons caused by the Purchaser, the goods has to be delivered repeatedly or by other means that those mentioned in the Order, the Purchaser is obliged to pay the costs related to the repeated delivery, or the costs related to other means of delivery respectively.
7.4. The Purchaser is obliged to check the consistency of the wrapping when accepting the goods and immediately inform the carrier in case of any defects. The Purchaser does not have to accept the Order from the carrier in case that any damage of the wrapping proves an unauthorized penetration to the consignment. By signing the delivery note, the Purchaser confirms that the consignment complied with all conditions and requirements and any later complaint regarding the damage of the wrapping cannot be taken into account.
7.5. Other rights and obligations of the Parties in terms of transport of the goods might be regulated by terms of delivery of the Seller.
8.1. The Seller is responsible to the Purchaser that the item is not defective when handed over. The Seller is particularly responsible to the Purchaser that at the moment when the Purchaser accepts the item,
i) the attributes of the item correspond to the attributes which the Parties agreed on, and in case of no such agreement, the attributes that the Seller or the producer defined, or that were expected by the Purchaser with respect to the character of the goods and based on the performed advertising, correspond to the attributes of the item,
ii) the item is suitable for the purpose defined by the Seller, or for the purpose for which the item is commonly intended to be used,
iii) the item is of adequate amount, measures or weight and
iv) the character of the item complies with the requirements stipulated in legal regulations.
8.2. The Purchaser is entitled to assert the right regarding the defect, occurred on the consumable goods within the period of twenty-four months since the acceptance, although this does not apply to:
a) an item sold for a lower price because of a defect that was the reason for the lower price
b) wear and tear of an item caused by its common use,
c) the defect of a used item corresponding to the extent of wear and tear of the item at the moment of its acceptance by the Purchaser, or
d) the situation when it follows from the character of an item (e.g. foodstuff).
8.3. The Purchaser is not entitled to assert the right of defective performance, in case that the Purchaser was familiarized with the defect before it accepted the item, or in case the Purchaser caused the defect.
Significant breach of the Agreement
8.4. In case that the defective performance refers to a significant breach of the Agreement, the Purchaser is entitled to:
i) receive a new item without the defect or receive a missing item, if this is not inappropriate with regard to the character of the defect, although in case that the defect refers merely to a part of the item, the Purchaser may request merely a replacement of the respective part; if this is not possible, it may withdraw from the Agreement. However, if this is disproportional with respect to the character of the defect, in particular if the defect can be removed without delay, the Purchaser have the right assert removal of the defect;
ii) assert removal of the defect by repairing the item,
iii) receive adequate discount from the purchase price, or
iv) withdraw from the Agreement.
8.5. The Purchaser shall notify the Seller of the right which it intends to assert, at the moment of the notification of the defect, or after the notification of the defect without delay. The Purchaser cannot change the selected option without the consent of the Seller; this does not apply if the Purchaser required reparation of the defect that proved to be unrepairable. In case the Seller does not remove the defects within adequate period of time, or in case it notifies the Purchaser that the defects will not be removed, the Purchaser is entitled to request adequate discount from the purchase price instead of removal of defect, or withdraw from the Agreement. In case the Purchaser does not select its right in time, it may assert rights as in case of insignificant breach of the Agreement – see below.
8.6. The Purchaser – consumer is entitled to receive adequate discount also in case that the Seller cannot deliver a new item without defect, replace its part or repair the item, as well as in case that the Seller does not make good in adequate period of time, or if it caused considerable difficulties to the consumer.
Insignificant breach of the Agreement
8.7. If the defective performance refers to insignificant breach of the Agreement, the Purchaser is entitled to assert removal of the defect or to receive adequate discount from the purchase price.
8.8. Until the Purchaser asserts the right to receive discount from the purchase price, or until it withdraws from the Agreement, the Seller may deliver the missing items or remove a legal defect. Other defects may be removed by the Seller according to its choice by repairing the item or delivering a new item.
8.9. In case the Seller does not remove the defect of the item in time, or in case it refuses to remove the defect, the Purchaser may require discount from the purchase price, or it may withdraw from the Agreement. The Purchaser cannot change the selected choice without the Seller’s consent. The Purchaser has the right for delivery of a new item, or for replacement of a part also in case of a removable defect, if the item cannot be properly used due to repeated occurrence of the defect after reparation, or because of larger number of defects. The Purchaser is entitled to withdraw from the Agreement in such case.
8.10. When a new item is delivered, the Purchaser shall return the item originally delivered to the Seller at its own expenses.
8.11. If the Purchaser does not report the defect without delay after it could have learned about the defect during early examination and due diligence, the court shall not adjudicate the right of defective performance to the Purchaser. If it refers to a hidden defect, the same applies if the defect was not reported without delay after the Purchaser could have learned about the defect during due diligence, although not later that within two years after the acceptance of the item.
8.12. The Seller undertakes by the quality warranty that the item is usable for a certain period of time for common purposes and that it maintains its common attributes. The warranty period or the usability period of the item mentioned on the wrapping or in advertisement has the same effect. The warranty may be provided also for an individual part of the item.
8.13. The warranty period starts when the item is handed over to the Purchaser; if the item was dispatched according to the Agreement, the warranty period lasts until the item is delivered to the place of destination. If the item is intended to be commissioned by another person than by the Seller, the warranty period starts only on the day when the item is commissioned, if the Purchaser ordered the commissioning, although not later than within three weeks since the item was accepted, and if it provided necessary cooperation properly and on time so that the service could have been performed.
8.14. No rights emerge to the Purchaser from the warranty, if the defect was caused by an external event after the responsibility for damage was transferred to the Purchaser.
9.1. The Purchaser acquires the proprietary right to the goods at the moment of paying full purchase price of the goods.
9.2. The Purchaser takes into consideration that the software and other parts composing the E-shop web interface (inclusive of the pictures of offered goods) are protected by the copyright law. The Purchaser undertakes not to perform any activities that could enable it or third persons to interfere without authorization, or to use without authorization the software or other parts composing the E-shop web interface.
9.3. When using the E-shop web interface, the Purchaser is not entitled to use mechanisms, software or other methods potentially having a negative impact on E-shop web interface functioning. The E-shop web interface can be used only to the extent, that is not at the expense of the rights of other Seller’s customers and that is in compliance with its purpose.
9.4. The Purchaser takes into consideration that the Seller does not bear any responsibility for the mistakes occurred as a consequence of third person’s interference into the Website or as a result of use of the Website contrary to its purpose.
10.1. Personal data protection of the Purchaser, being a natural person, is regulated by the Act no. 101/2000 Coll., on personal data protection, as amended.
10.2. The Purchaser agreed with processing of the following personal data: name and surname, address of residence, identification number, tax identification number, email address, delivery address, telephone number (hereinafter collectively referred to as the „Personal data“).
10.3. The Purchaser agreed with processing of the Personal data by the Seller for the purposes of the performance of rights and obligations resulting from the Purchase Agreement, and for purposes of sending information and commercial notifications to the Seller.
10.4. The Purchaser takes into consideration that it is obliged to enter its Personal data correctly and completely (during the registration, in its user’s account, during ordering from the web interface) and that it is obliged to notify the Seller of any change regarding its Personal data without delay.
10.5. The Personal data of the Purchaser may be processed by an authorized third person, being a processor. The Seller shall not provide the Personal data of the Purchaser to third persons, apart from the persons engaged in the transport of the goods, without prior consent of the Purchaser.
10.6. The Personal data are processed for indefinite period of time. The Personal data are processed in electronic form in automatized manner, or in printed form in un-automatized manner.
10.7. The Purchaser confirms that the provided Personal data are correct and that it has been instructed about the optional character of the Personal data provision. The Purchaser confirms that it has been instructed in the fact that the consent with processing the Personal data granted to the Seller may be withdrawn by written notice delivered to the Seller’s address.
10.8. The Purchaser agreed with receiving newsletters related to the goods, services or the enterprise from the Seller sent to the Purchaser’s email address, and it further agreed with receiving commercial notifications from the Seller sent to the Purchaser’s email address.
11.1. If not stipulated otherwise, the entire correspondence connected to the Purchase Agreement shall be delivered to the other Party in a written form, either via electronic mail, in person or via registered mail through the operator of postal services (according to the sender’s choice). The mail to the Purchaser is delivered to the email address mentioned in its user’s account.
11.2. The consignment is delivered:
i) at the moment of its acceptance in the server inbox in case of electronic email, the integrity of the electronic notices might be ensured by a certificate,
ii) at the moment of its acceptance by the recipient in case of personal delivery or delivery via operator of postal services,
iii) at the moment of refusal of its acceptance, if the recipient (or a person authorized to accept the consignment) refuses to accept the consignment, in case of personal delivery or delivery via operator of postal services,
iv) if the period of ten (10) days, since the consignment is deposited and a notice to accept the consignment is delivered to the recipient, expires, in case of delivery via operator of postal services if the consignment is deposited at the operator of postal services even when the recipient did not learn about the deposition,
12.1. In case that the relationship connected to the use of the Website or the legal relationship based on the Purchase Agreement contains an international (foreign) element, the Parties agreed that the respective relationship is governed by the Czech legislation. This is without prejudice to the consumer’s rights following from the generally binding regulations.
12.2. The Seller is entitled to sell the goods based on the Trade licence and the activities of the Seller are not subject to other licences. The trade licence control is in the competence of the respective Trade Licence Office.
12.3. If any of the provisions of the Commercial Terms becomes invalid or ineffective, it shall be replaced by a provision, similar to the former provision in terms of the meaning. The validity of other provisions is not prejudiced by invalidity or ineffectiveness of a single provision. The Purchase Agreement and the Commercial Terms shall be modified and amended in a written form.
12.4. The Purchase Agreement including the Commercial Terms is archived by the Seller in an electronic form and it is not available.
12.5. The contact data of the Seller: delivery address: EVLS FITNESS, s.r.o., Na Sychrově 975/8, 110 00 Prague 1, email address: info@evlspraguepro.com.
These Commercial Terms become valid and effective on 1. 7. 2015
