General Terms and Conditions

Basic Provisions

These general terms and conditions (hereinafter referred to as “terms and conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as “Civil Code”).

Self-employed individual: Sabina Dostálová,

ID No.: 01135767

registered office: Chotovická 1749/5, 182 00 Prague 8

registered in the trade register at the Trade Licensing Office of Prague 8 District.

contact information: sabina@3fit.cz

(hereinafter referred to as “seller”)

These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase agreement outside their business activity as a consumer, or within their business activity (hereinafter referred to as: “buyer”) through the web interface located on the website available at www.kurzplavanionline.cz (hereinafter referred to as “online store”).
The provisions of these terms and conditions are an integral part of the purchase agreement. Any differing arrangements in the purchase agreement take precedence over the provisions of these terms and conditions.

II.

Information about Goods and Prices

Information about goods, including prices of individual items and their main characteristics, are listed with each product in the online store catalog or on individual sales pages. Prices of goods include all related fees and costs for returning goods if these goods by their nature cannot be returned by regular mail. Prices do not include value-added tax, as the seller is not a VAT payer. Prices of goods remain valid for the period they are displayed in the online store. This provision does not exclude the conclusion of a purchase agreement under individually negotiated conditions.
All product presentations placed in the online store or on individual sales pages are for informational purposes, and the seller is not obligated to enter into a purchase agreement for these goods.
The online store contains information about costs associated with packaging and delivery of goods. Information about costs associated with packaging and delivery of goods listed in the online store applies only when goods are delivered within the Czech Republic.
Any discounts on the purchase price of goods cannot be combined unless the seller and buyer agree otherwise.

III.

Order and Conclusion of Purchase Agreement

Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) are paid by the buyer. These costs do not differ from the basic rate.
The buyer places an order for goods in the following ways:

through their customer account, if they have previously registered in the online store,
by filling out the order form with simultaneous registration, which also serves as login credentials for accessing the member section.

When placing an order, the buyer selects the goods and method of payment.
The buyer submits the order to the seller by clicking on the “Buy …” or “Order …” button. The information provided in the order is considered correct by the seller. The condition for the validity of the order is filling in all mandatory fields in the order form and confirmation by the buyer that they have read these terms and conditions.
Immediately upon receiving the order, the seller will send the buyer confirmation of order receipt to the email address that the buyer entered when placing the order. This confirmation is automatic and is not considered conclusion of the agreement. The purchase agreement is concluded only after the seller accepts the order. Notification of order acceptance is delivered to the buyer’s email address. The purchase agreement is concluded when the seller confirms the order to the buyer’s email address.
If the seller cannot fulfill any of the requirements specified in the order, they will send the buyer a modified offer to their email address. The modified offer is considered a new draft of the purchase agreement, and the purchase agreement is concluded in such a case by the buyer’s confirmation of acceptance of this offer to the seller’s email address specified in these terms and conditions.
All orders accepted by the seller are binding. The buyer may cancel the order until the buyer receives notification of order acceptance by the seller. The buyer may cancel the order by sending a message to the seller’s email address specified in these terms and conditions.
In the event of an obvious technical error on the part of the seller when stating the price of goods in the online store or during the ordering process, the seller is not obligated to deliver the goods to the buyer at this clearly erroneous price, even if the buyer has been sent an automatic confirmation of order receipt according to these terms and conditions. The seller will inform the buyer of the error without undue delay and send the buyer a modified offer to their email address. The modified offer is considered a new draft of the purchase agreement, and the purchase agreement is concluded in such a case by the buyer’s confirmation of acceptance to the seller’s email address.
In the case of a pre-sale product order, the Seller is entitled to cancel the order and refund the Buyer if the pre-sale conditions are not met within the specified time.

IV.

Customer Account

Based on the buyer’s registration made in the online store, the buyer can access their customer account. From their customer account, the buyer can order goods. The buyer cannot order goods without registration.
When registering for a customer account and when ordering goods, the buyer is obligated to provide correct and truthful information. The buyer is obligated to update the information provided in the user account if any changes occur. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
Access to the customer account is secured by a username and password. The buyer is obligated to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
The buyer is not entitled to allow third parties to use the customer account.
The seller may cancel the user account, especially if the buyer has not used their user account for a long time, or if the buyer breaches their obligations under the purchase agreement and these terms and conditions.
The buyer acknowledges that the user account may not be available continuously, especially with regard to necessary maintenance of the seller’s hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

Payment Terms and Delivery of Goods

The buyer can pay the price of goods and any costs associated with the delivery of goods under the purchase agreement in the following ways:

by bank transfer to the seller’s bank account No. 2118681031/3030 held at AirBank, a.s.
by bank transfer to the seller’s account through the Stripe payment gateway.

Along with the purchase price, the buyer is obligated to pay the seller any costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes costs associated with the delivery of goods.
In the case of bank transfer payment, the purchase price is due within 10 days from the conclusion of the purchase agreement.
When paying through the payment gateway, the buyer follows the instructions of the respective electronic payment provider.
In the case of bank transfer payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s bank account.
The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.
The goods are delivered to the buyer at the email address specified by the buyer in the order.

VI.

Withdrawal from the Agreement

A buyer who has concluded a purchase agreement outside their business activity as a consumer has the right to withdraw from the purchase agreement.
The period for withdrawal from the agreement is 14 days from the date of sending the goods to the email address.

The buyer cannot, among other things, withdraw from the purchase agreement:

for the provision of services, if they have been fulfilled with the buyer’s prior express consent before the expiration of the period for withdrawal from the agreement and the seller informed the buyer before the conclusion of the agreement that in such a case, the buyer does not have the right to withdraw from the agreement,
for the delivery of goods or services whose price depends on fluctuations in the financial market independent of the seller’s will and which may occur during the period for withdrawal from the agreement,
for the delivery of alcoholic beverages that can be delivered only after thirty days and whose price depends on fluctuations in the financial market independent of the seller’s will,
for the delivery of goods that have been modified according to the buyer’s wishes or for their person,
for the delivery of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery,
for the delivery of goods in a sealed package that the buyer has removed from the package and cannot be returned for hygienic reasons,
for the delivery of an audio or video recording or computer program if the buyer has broken their original packaging,
for the delivery of newspapers, periodicals, or magazines,
for the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the buyer’s prior express consent before the expiration of the period for withdrawal from the agreement, and the seller informed the buyer before the conclusion of the agreement that in such a case, the buyer does not have the right to withdraw from the agreement,
in other cases specified in Section 1837 of the Civil Code.

To comply with the period for withdrawal from the agreement, the buyer must send a declaration of withdrawal within the period for withdrawal from the agreement.
To withdraw from the purchase agreement, the buyer can use the sample withdrawal form provided by the seller:
1. Notice of Withdrawal from the Agreement
2. Addressee (here the consumer inserts name and surname, address, and email address):
3. I/we (*) hereby give notice that I/we (*) withdraw from the agreement for the purchase of the following goods (*)
4. Date of order (*)/date of receipt (*)
5. Name and surname of consumer(s)
6. Address of consumer(s)
7. Signature of consumer(s) (only if this form is submitted in paper form)
8. Date(*) Delete as appropriate or fill in the information.
The buyer shall send the withdrawal from the purchase agreement to the email address specified in these terms and conditions. The seller will promptly confirm receipt of the form to the buyer.
If the buyer withdraws from the agreement, the seller will return to the buyer, without undue delay, but no later than 14 days from the withdrawal from the agreement, all funds including delivery costs that the seller received from the buyer, in the same manner. The seller will return the received funds to the buyer by other means only if the buyer agrees and if this does not incur additional costs for the buyer.
If the buyer has chosen a method of delivery other than the least expensive method of delivery offered by the seller, the seller will refund the buyer the delivery costs in the amount corresponding to the least expensive offered method of delivery.
The seller is entitled to withdraw from the purchase agreement due to technical impossibility to deliver electronic online goods. The seller will promptly inform the buyer via the email address provided in the order and will return, within 14 days from the notification of withdrawal from the purchase agreement, all funds including delivery costs that the seller received from the buyer based on the agreement, in the same manner, or in a manner determined by the buyer.

Claims – Rights and Obligations from Defective Performance of Goods

The rights and obligations of the contracting parties regarding the seller’s liability for defects, i.e., 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).
The seller is responsible to the customer that the goods have no defects upon receipt. In the event that the item is not in accordance with the purchase agreement upon receipt, the customer has the right to have the seller bring the product/goods into a state corresponding to the purchase agreement free of charge and without undue delay.
The customer shall assert defective performance without undue delay with the seller, but no later than two years from the receipt of the goods.
For claims, please contact us by email at reklamace@superkvasaci.cz. The claim should include proof of purchase and a description of the defect. You will be informed about the method of resolving the claim by email.
The customer may request free removal of the defect, a reasonable discount on the price, and if not disproportionate to the nature of the defect (especially if the defect cannot be removed without undue delay), the customer may request delivery of a new item without defects. If repair or replacement is not possible, based on withdrawal from the agreement, the customer may request a full refund of the purchase price.
The claim will be resolved without undue delay, no later than 30 days from the date of the claim, unless the seller and customer agree on a longer period.
The seller is not obligated to comply with the customer’s claim if the seller proves that the customer knew about the defect of the goods before acceptance or caused it themselves. The seller is not responsible for defects arising from normal wear and tear or failure to follow the instructions for use. The seller is also not responsible for defects that may arise for the customer due to the customer’s slow internet connection, outdated internet browser, or uninstalled required software for running a webinar or online product, which the seller cannot influence. Online educational courses contain only instructions and recommendations; the seller is also not responsible for the customer’s success or failure in practical application.

Disclaimer of Liability

By entering the online course or reading the e-book, you understand that any use of information from this product and any successes or failures resulting from it are solely in your hands, and the Seller bears no responsibility for them.

The natural person Sabina Dostálová hereby disclaims any responsibility for the accuracy of the information.

All information in the online course is based solely on personal experience. These experiences are subjective, and their interpretation may be incomplete and inaccurate, and therefore the Seller is not responsible for decisions or actions based on these recommendations.

The Seller bears no responsibility for any damage or harm caused by the use of information in this product.

Throughout the duration of this product, you are fully competent and responsible for your conduct, behavior, and decision-making. Your success depends not only on the knowledge gained in the product but also on factors that we cannot influence, such as your experience, skills, possibilities, knowledge, abilities, market situation, business knowledge, health condition, etc.

Delivery

The contracting parties may deliver all written correspondence to each other via email.
The buyer delivers correspondence to the seller at the email address specified in these terms and conditions. The seller delivers correspondence to the buyer at the email address specified in the buyer’s customer account or in the order.

IX.

Out-of-Court Dispute Resolution

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from the purchase agreement. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase agreement.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
The seller is authorized to sell goods based on a trade license. Trade inspection is carried out within its jurisdiction by the relevant trade licensing office. The Czech Trade Inspection Authority exercises, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, to a specified extent.

Final Provisions

All arrangements between the seller and the buyer are governed by the legal system of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.
All rights to the seller’s website, especially copyright to the content, including page layout, photos, films, graphics, trademarks, logo, and other content and elements, belong to the seller. It is forbidden to copy, modify, or otherwise use the website or any part of it without the seller’s consent.
The seller is not liable for errors resulting from third-party interventions into the online store or from its use contrary to its intended purpose. When using the online store, the buyer must not employ practices that could adversely affect its operation and must not engage in any activity that would enable them or third parties to unlawfully interfere with or use the software or other components of the online store, or to use the online store or its parts or software in a manner inconsistent with its intended purpose.
The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The seller may modify or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations that arose during the validity of the previous version of the terms and conditions.
A model form for withdrawal from the contract is attached to the terms and conditions.

These terms and conditions become effective on September 1, 2022.

General Terms and Conditions

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