Terms of service

Billing information:
Táňa Breczková, ID: 02875365, Tučín 52, 751 16 Tučín
www.pilatesxvillage.com
Email: shop@pilatesxvillage.com

hereinafter also referred to as "seller"


1. Introductory Provisions

1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") regulate, in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller on the website located at the internet address www.pilatesxvillage.com (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").

1.2. The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts as part of his business activity or as part of his independent profession.

1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

2. Conclusion of the purchase contract

2.1. The buyer acknowledges that the photos on the web interface are for informational purposes only.

2.2. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.

2.3. The store's web interface contains information about goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.

2.4. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods.

2.5. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:

2.5.1. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface),
2.5.2. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
2.5.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
2.6. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller. The data listed in the order they are deemed correct by the seller.

2.7. Sending the order is considered to be an act of the buyer that unambiguously identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the contracting parties. The condition for the validity of the order is the filling in of all mandatory data in the order form, familiarization with these terms and conditions on the website and confirmation by the buyer that he has become familiar with these terms and conditions.

2.8. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address").

2.9. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.

3. Price for goods and payment terms

3.1. The current payment options for the price of the goods and any costs associated with the delivery of the goods are always listed on the web interface of the store. Currently, the price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid to the seller in the following ways:

3.1.1. cashless via a payment system/payment card;
3.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

3.3. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.

3.4. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4. Withdrawal from the purchase contract

4.1. In accordance with § 1829, paragraph 1 of the Civil Code, the buyer has the right to withdraw from the purchase contract (if the purchase contract is concluded remotely or off-premises), within fourteen (14) days of taking over the goods, while in if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.

4.2. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the wishes of the buyer or for his person. Thus, it is not possible to withdraw from the purchase contract if it is a piece of jewelry that has been modified according to the specific wishes of the buyer (so-called personalized jewelry), e.g., the jewelry has been embossed at the buyer's request, the standard length of the jewelry has been adjusted, a medallion has been added, etc. If it is a piece of jewelery in a standard setting (it was not modified at the buyer's request), the buyer has the right to withdraw from the contract and return the goods.

4.3. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the Refund Policy. The seller returns only the purchase price of the goods, not the cost of shipping. The buyer bears all costs associated with withdrawing from the contract and returning the goods himself.

4.4. In case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller.

4.5. In case of withdrawal from the purchase contract according to Article 5.2. terms and conditions, the buyer is obliged to return the purchased goods to the seller exclusively through the Zásilkovna service, by sending them to a specific branch specified by the seller. The seller is not obliged to accept the returned goods in another way, e.g. through another entity (Czech Post, PPL, etc.).

4.5. In case of withdrawal from the contract according to Article 5.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of the return of the purchased goods by the buyer, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.

4.6. The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer's claim for a refund of the purchase price.

4.7. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.

4.8. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.

4.9. Returned goods must be returned in the original packaging and in the condition in which it was delivered by the seller. If defects are found on the returned goods, the seller has the right to reduce the amount returned to the buyer according to the nature of the damage caused to the returned product, or not to accept the returned goods at all.

We accept complaints at the email address shop@pilatesxvillage.com

5. Transport and delivery of goods

5.1. The seller is entitled to choose the shipping methods, the current shipping options are always listed on the store's web interface. The seller has the right to change the carrier at his own discretion (e.g. in exposed periods such as Christmas, etc., the seller has the right to use Zásilkovna Česká pošta, etc., instead of the carrier).

5.2. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport. The seller is not obliged to comply with such a special request of the buyer.

5.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

5.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.

5.4. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately and make a claim with the transporter.

6. Rights from defective performance

6.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

6.2. The seller is responsible to the buyer that the goods are free of defects upon receipt.

6.3. The provisions set out in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had at the time of receipt by the buyer, or if it follows from the nature of the goods.

6.4. If a defect becomes apparent within 14 days of receipt, it is considered that the goods were already defective upon receipt.

6.5. Rights from defective performance are asserted by the buyer at the seller, the claim can only be made through the Mailbox service (at the branch address that is listed on the web interface). The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint. The buyer is always obliged to state the reason for the complaint.

7.6. The defect of the goods is not its normal wear and tear.

7. Other rights and obligations of the contracting parties

7.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

7.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.

7.3. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

7.4. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

8. Communication

8.1. The buyer can be contacted to the buyer's electronic address, unless otherwise specified.

8.2. Withdrawals from the purchase contract and complaints by the buyer can be delivered via e-mail, to the address indicated on the web page, or they can also be delivered via the Post Office service (together with returning the goods or sending the goods for complaint).

9. Final Provisions

9.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

9.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.

9.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.