Terms and Conditions
business companies Prague International Marathon spol.s. r. o.
Registered office Františka Křížka 461/11, Prague 7 , 17000
ID number: 63673738
registered in the commercial register maintained by the Municipal Court in Prague, Section C, insert 36777
for the sale of goods through an online store located at the internet address www.praguemarathonstore.cz, www.allrunnersarebeautiful.cz and www.runczechstore.com.
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of Prague International Marathon spol. s. r. o., with the Registered Office of Františka Křížka 461/11, Prague 7, 17000, identification number: 63673738, registered in the commercial register maintained by the Municipal Court in Prague, Section C, insert 36777 (hereinafter referred to as the "seller") govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "purchase agreement") concluded a legal entity (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller at the internet address www.praguemarathonstore.cz, www.allrunnersarebeautiful.cz and www.runczechstore.com, through the web interface (hereinafter referred to as the "web interface of the store").
1.2. In addition, the terms and conditions govern the rights and obligations of the parties when using the seller's website located at www.praguemarathonstore.cz, www.allrunnersarebeautiful.cz and www.runczechstore.com (hereinafter referred to as the "website") and other related legal relationships. The terms and conditions do not apply to cases where a person who intends to purchase goods from the seller acts when ordering goods in the framework of his business activity.
1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. The derogating arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and terms and conditions are made in the Czech language. The purchase agreement can be concluded in the Czech language.
1.5. The seller may amend or supplement the wording of the terms and conditions. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. USER ACCOUNT
2.1. Based on the registration of the buyer made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as the "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and ordering goods, the buyer is obliged to indicate all the data correctly and truthfully. The buyer is obliged to update the data specified in the user account at any change. The data specified by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not responsible for the violation of this obligation by the buyer.
2.4. The buyer is not entitled to allow third parties to use the user account.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates its obligations under the purchase agreement (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software, or the necessary maintenance of third-party hardware and software.
3. CONCLUSION OF THE CONTRACT OF SALE
3.1. The web interface of the store contains a list of goods offered by the seller for sale, including the indication of the prices of the individual goods offered. The prices of the offered goods are indicated including value added tax and all related fees. The offer for the sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase agreement on individually negotiated terms. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to conclude a purchase agreement for these goods.
3.2. The web interface of the store also contains information about the costs associated with the packaging and delivery of goods. Information on the costs associated with the packaging and delivery of goods specified in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.3. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains, in particular, information on:
3.3.1. ordered goods (ordered goods "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
3.3.2. the method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods; and
3.3.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "order").
3.4. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered into the order, also taking into account the possibility of the buyer to detect and correct errors made when entering data into the order. The order is sent by the buyer to the seller by clicking on the "order" button. The information provided in the order is considered correct by the seller. Immediately upon receipt of the order, the seller shall 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").
3.5. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
3.6. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.
3.7. The buyer acknowledges that the seller is not obliged to conclude a purchase agreement, especially with persons who have previously substantially violated their obligations towards the seller.
3.8. The buyer agrees to use the means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, telephone calls costs) shall be borne by the buyer himself.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller in the following ways:
- in cash at the seller's premises at Františka Křížka 461/11, Prague 7, 17000;
- cash on delivery at the place specified by the buyer in the order;
- cashless transfer to the seller's account No. 211 331 13 22/2700, maintained with UniCredit bank (hereinafter referred to as the " seller's account“);
- cashless by credit card;
4.2. Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods are further understood.
4.3. In the case of cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days from the conclusion of the purchase agreement.
4.4. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.5. The seller is entitled, especially if there is no additional confirmation of the order from the buyer (art. 3.5), require payment of the entire purchase price before sending the goods to the buyer.
4.6. Any discounts from the price of goods provided by the seller to the buyer can not be combined with each other.
4.7. If this is customary in the course of trade or if it is provided for by generally binding legal regulations, the seller issues a tax document – an invoice-to the buyer regarding payments made under the purchase agreement. The seller is the payer of value added tax. Tax document-the invoice is issued by the seller to the buyer after payment of the price of the goods and sends it in electronic form to the electronic address of the buyer.
5. WITHDRAWAL FROM THE CONTRACT OF SALE
5.1. The buyer acknowledges that according to the provisions of § 53 para. 8 of Act No. 40/1964 Coll., the civil code, as amended (hereinafter referred to as the "civil code"), it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods modified according to the buyer's wishes, as well as goods that are subject to perishability, wear or obsolescence, from the purchase contract for the supply of audio and video recordings and computer programs, if the consumer has violated their original packaging, and from the purchase contract for the supply of newspapers, periodicals and magazines.
5.2. If it is not the case referred to in Article 10 (1), 5.1 or any other case where it is not possible to withdraw from the purchase contract, the buyer shall, in accordance with the provisions of § 53 para. 7 of the civil code the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods. Withdrawal from the purchase contract must be delivered to the seller within fourteen (14) days of receipt of the goods. Withdrawal from the purchase contract may be sent by the buyer, inter alia, to the address of the seller's premises or to the seller's e-mail address shop@allrunnersarebeautiful.com
5.3. In the event of withdrawal pursuant to art. 5.2 of the terms and conditions the purchase contract is cancelled from the beginning. The goods must be returned to the seller within 14 working days of sending the withdrawal from the contract to the seller. The goods must be returned to the seller undamaged and unused and, if possible, in the original packaging.
5.4. Within fifteen (15) days from the return of the goods by the buyer in accordance with art. 5.3 of the terms and conditions, the seller is entitled to carry out an examination of the returned goods, in particular to determine whether the returned goods are not damaged, worn or partially consumed.
5.5. In the event of withdrawal pursuant to art. 5.2 of the terms and conditions, the seller shall return the performance provided by the buyer to the buyer within ten (10) days from the end of the period for examination of the goods in accordance with art. 5.4 of the terms and conditions, but no later than thirty (30) days after delivery of the withdrawal from the purchase agreement to the buyer, without cash to the account designated by the buyer. The seller is also entitled to return the performance provided by the buyer already upon return of the goods by the buyer.
5.6. The buyer acknowledges that if the goods returned by the buyer are damaged, worn out or partially consumed, the seller shall be entitled to compensation for the damage caused to the buyer. The seller is entitled to unilaterally set off the claim for compensation for the damage incurred against the buyer's claim for a refund of the purchase price.
5.7. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, without payment to the account designated by the buyer.
5.8. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a release condition that if the consumer withdraws from the purchase agreement, the gift agreement regarding such gift ceases to be effective and the buyer is obliged to return the gift provided to the seller together with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. The method of delivery of goods is determined by the seller, unless otherwise specified in the purchase agreement. In the event that the mode of transport is contracted on the basis of the buyer's request, the buyer bears the risk and possible additional costs associated with this mode of transport.
6.2. 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. If the buyer does not accept the goods upon delivery, the seller is entitled to demand a storage fee of CZK 500 (in words: five hundred Czech crowns) or the seller is entitled to withdraw from the purchase contract.
6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In case of detection of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the package of the shipment containing the goods was intact.
6.5. Other rights and obligations of the parties in the transport of goods may be regulated by the seller's special delivery terms, if they are issued by the seller.
7. LIABILITY FOR DEFECTS, WARRANTY
7.1. The rights and obligations of the parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the relevant generally binding regulations (in particular the provisions of Section 612 et seq.of the civil code).
7.2. The seller is responsible to the buyer for the fact that the sold thing is in conformity with the contract of sale, in particular, that it is free from defects. Conformity with the contract of sale means that the sold item has the quality and useful properties required by the contract, described by the seller, the manufacturer or his representative, or expected on the basis of advertising carried out by them, or the quality and useful properties for the item of such kind are usual, that it meets the requirements of legal regulations, is in the appropriate quantity, extent or weight and corresponds to the purpose which the seller indicates for the use of the item or for which the item is usually used.
7.3. In the event that the item is not in conformity with the purchase contract when taken over by the buyer (hereinafter referred to as "discrepancy with the purchase contract"), the buyer has the right to the seller free of charge and without undue delay to bring the item into a condition corresponding to the purchase contract, according to the buyer's request either by replacing the item or by repairing it; if such a procedure is not possible, the buyer may demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the conflict with the contract of sale or caused the conflict with the contract of sale before taking over the item. A conflict with the contract of sale, which becomes apparent within six (6) months from the date of receipt of the item, shall be considered as a conflict already existing at the time of its receipt, unless it contradicts the nature of the item or if it is not proven otherwise.
7.4. If it is not about things that quickly deteriorate or about things used, the seller is responsible for defects that will manifest as a conflict with the contract of sale after taking over the thing in the warranty period (warranty).
7.5. The rights of the buyer arising from the seller's liability for defects, including the seller's warranty liability, shall be exercised by the buyer at the seller's premises at františka křížka 461/11, Prague 7, 17000. The moment of application of the claim is considered to be the moment when the seller received the claimed goods from the buyer.
7.6. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The buyer acknowledges that the software and other components that make up the web interface of the store (including photos of the offered goods) are protected by copyright. The buyer undertakes not to perform any activity that could allow him or third parties to interfere with or use the software or other components that make up the web interface of the store.
8.3. The buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the store when using the web interface of the store. The web interface of the store can be used only to the extent that it is not at the expense of the rights of other customers of the seller and that is consistent with its purpose.
8.4. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 53a para. 1 of the civil code.
8.5. The buyer acknowledges that the seller is not responsible for errors resulting from third parties ' interference with the website or as a result of the use of the website in violation of their designation.
9. PROTECTION OF PERSONAL DATA AND TRANSMISSION OF BUSINESS COMMUNICATIONS
9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
9.2. The buyer agrees to the processing of the following personal data: name and surname, address of residence, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "personal data").
9.3. The buyer agrees to the processing of personal data by the seller, for the purpose of exercising the rights and obligations under the purchase agreement, for the purpose of maintaining a user account and for the purpose of sending information and commercial communications to the buyer.
9.4. The buyer acknowledges that he is obliged to present his personal data (when registering, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay about the change in his personal data.
9.5. The seller may entrust the processing of the buyer's personal data to a third person as a processor. Except for persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer's prior consent.
9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
9.8. In the event that the buyer would consider that the seller or the processor (art. 9.5) carries out the processing of his personal data, which is contrary to the protection of the buyer's private and personal life or in violation of the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remove the condition thus created. In particular, it may be the blocking, correction, addition or destruction of personal data. If the buyer's request according to the previous sentence is found to be justified, the seller or the processor shall immediately eliminate the defective condition. If the seller or the processor does not comply with the request, the buyer has the right to apply directly to the office for personal data protection. This provision does not affect the right of the purchaser to contact the office for personal data protection directly with his complaint.
9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to demand reasonable compensation for the provision of information in accordance with the previous sentence, not exceeding the costs necessary for the provision of information.
10. SENDING BUSINESS MESSAGES AND STORING COOKIES
10.1. The buyer agrees to the sending of information related to the goods, services or business of the seller to the electronic address of the buyer and further agrees to the sending of commercial communications by the seller to the electronic address of the buyer.
10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may withdraw the consent at any time according to the previous sentence.
11. DELIVERY
11.1. Unless otherwise agreed, all correspondence related to the purchase agreement must be delivered to the other party in writing, by e-mail, in person or by registered mail through the postal service operator (at the choice of the sender). The buyer is delivered to the e-mail address specified in his user account.
12. FINAL PROVISIONS
12.1. If the relationship related to the use of the website or the legal relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
12.2. The seller is entitled to sell the goods on the basis of a trade license and the seller's activity is not subject to any other authorization. Trade control is carried out within its competence by the competent trade office.
12.3. If any provision of the terms and conditions is, or becomes, invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments to the purchase agreement or business conditions require a written form.
12.4. The purchase agreement including the terms and conditions is archived by the seller in electronic form and is not accessible.
12.5. Seller's contact details: delivery address Františka Křížka 461/11, Prague 7, 170 00, e-mail address shop@allrunnersarebeautiful.com, phone +420 233 015 031.
Valid from 1. 12. 2020