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.
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.
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.
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.