Terms and Conditions
Terms and Conditions of the Improve Yourself Shop s.r.o.
Company ID:09229221
Registered office: Frýdlantská 1888, Frýdek, Frýdek-Místek, 738 01
1. Introductory provisions
1.1 These terms and conditions govern the mutual rights and obligations of the parties in concluding contracts betweenImprove Yourself Shop, s.r.o. and another natural or legal person (hereinafter referred to as "customer") and apply to all goods and products provided by Improve Yourself Shop, s.r.o. to customers.Improve Yourself Shop, s.r.o. is the operator of the website www.parkoureshop.com (hereinafter referred to as the "website").
1.2 These terms and conditions become an integral part of every contractual relationship concluded betweenImprove Yourself Shop, s.r.o. and the customer, where the subject of such a relationship is the purchase of goods and products on the association's website, hereinafter "goods" or "purchase contract". Deviating provisions in the contract take precedence over the establishment of business conditions.
1.3 The wording of the business conditions may be amended or supplemented byImprove Yourself Shop, s.r.o. in its entirety. Changes or additions to the terms and conditions will be notified to the customer's email address, and the customer has the right to reject the change and the obligation to terminate the obligation for one month.
1.4 Definition of the term. The term "order" means the ordering of goods or products through the website www.parkoureshop.com
1.5 The parties agree that they exclude the application of the provisions of §1726, §1740 para. 3, §1757 para. 2 and 3 and §1950 of Act no. 89/2012, Coll., Civil Code.
2. Offers, orders, delivery dates and ancillary arrangements
2.1 All offers made byImprove Yourself Shop, s.r.o. are non-binding towards third parties, are of an informative nature only and are not a proposal ofImprove Yourself Shop, s.r.o. to conclude a contract in the sense of §1732 paragraph 2 of the Civil Code. To conclude the contract, it is necessary to accept the customer's order fromImprove Yourself Shop, s.r.o., unless these terms and conditions provide otherwise.
2.2 The contractual relationship betweenImprove Yourself Shop, s.r.o. is established by confirmation of the customer's order byImprove Yourself Shop, s.r.o. and payment of the entire payment for products or services, in accordance with these conditions.
2.3 For the purposes of these terms and conditions, goods mean all products and products offered byImprove Yourself Shop, s.r.o. on the association's website.
2.4 The order can only be made in writing, unless the parties agree otherwise. The written form is preserved even when using e-mail. The customer's order is effective againstImprove Yourself Shop, s.r.o. at the moment of its written confirmation to the customer.
2.5 The customer's order must contain sufficient data for customer identification (name and surname / company name, date of birth / ID number, address, telephone number and email address), identification of the ordered product or service.
2.6 Any changes or additions to the order are effective againstImprove Yourself Shop, s.r.o. at the moment of their written confirmation to the customer or by making such a change when fulfilling the order.
2.7 Improve Yourself Shop, s.r.o. is not obliged to confirm an individual customer order. An unconfirmed order is not binding forImprove Yourself Shop, s.r.o.
2.8 In the case of digital content, it is a work protected by copyright and it is not possible to further distribute it or allow its use by other persons without the express consent of the association. The products are for educational and informational purposes only and are created using the knowledge and experience of the author listed on each online and video course. These are instructions and recommendations and it depends on the customer's abilities and other circumstances what results he will achieve with their help. The company is not responsible for any failure to apply the procedures, advice and recommendations contained in the product, although it tries to pass on the most effective information and procedures.
3. Price The price for services and products means the price stated on the website, unless the contracting parties agree otherwise.
4. Payment terms
4.1 The customer shall pay the purchase price for the goods, unless the parties agree otherwise, in the following ways:
• Cashless bank transfer within 3 days of ordering the product or service.
• Through the GoPay / PayU payment system.
• Cashless payment card.
4.2 In the case of non-cash payment, the moment of payment of the price for the service or products by the customer is considered to be the crediting of the relevant amount, in full, to the bank account of the Improve Yourself association, z. S. 3
4.3 Payments made by the customer are credited byImprove Yourself Shop, s.r.o., first to the payment of the oldest amounts due, first to incidental costs, a contractual penalty, interest on arrears and then to the payment of the principal.
5. Date and method of delivery
5.1 Goods that are in stock, ordered on working days before 12:00, will usually be delivered to the customer by the third working day anywhere in the Czech Republic. Weekend orders or orders placed on holidays are always processed on the first working day following them. The information on the stock of the offered goods may vary depending on the gradual sale and is of a purely informative nature. In the event that the customer orders the goods listed as in stock and the seller will not have them physically available in stock, our customer department will contact you.
5.2 Delivery of goods Delivery is provided byImprove Yourself Shop, s.r.o., in one of the following ways. The goods are delivered to the address specified by the customer, the customer is informed about the dispatch of the goods by e-mail. Delivery is provided on working days during normal working hours.
Courier (Toptrans):
by weight (+ 2 - 6 EUR - cash on delivery)
5.3 Acceptance of goods The buyer is obliged to accept the ordered goods and check the integrity of the packaging, and whether the shipment shows obvious signs of damage. In case of damage, it is necessary to write a record with the delivery person. If the customer discovers damage or other irregularities only after receiving the shipment, he is obliged to immediately contact the operator of the online store (hereinafter referred to as the "Seller").
6. Confidentiality agreement
The Contracting Parties undertake to maintain the obligation of confidentiality regarding the confidential information of the other Contracting Party towards third parties, except in cases where such information is requested by a court or other competent authority. The Contracting Parties undertake to ensure that the disclosure of confidential information is restricted to those employees who must know it in view of their duties and that such employees are required to maintain the confidentiality of the confidential information. The Contracting Parties agree to ensure that the obligation of confidentiality is also complied with by third parties participating in the fulfillment of the purpose of negotiations between the Contracting Parties. In the event that the contracting party violates the obligation arising from the provisions of this contract, it is fully liable for the damage it has caused and is obliged to compensate it in full.
7. Protection of personal data
7.1 Personal data of entities are processed in accordance with the relevant currently valid and effective legal regulations of the Czech Republic and the European Union. More detailed information regarding the processing of personal data and legal regulations on the basis of which the processing is performed is available at https://www.parkoureshop.com/podminky-ochrany-osobnich-udaju/ or will be provided byImprove Yourself Shop, s.r.o. upon request.
8. Withdrawal from the contract
8.1 The customer is entitled to withdraw from the contract ifImprove Yourself Shop, s.r.o. is in delay with the provision of services or products more than four weeks from the agreed date of provision of products or services.
8.2 Withdrawal from the contract must be made in writing. Withdrawal from the contract is effective on the day of delivery of the notice of withdrawal to the other party. If the customer decides to cancel the order for any reason, he must immediately inform the store operator (in writing, email or telephone) before the goods are shipped. In this case, the order is canceled free of charge by the operator.
8.4 In the case of ordering the event via the association's website, the customer is entitled to withdraw from the contract within 14 days from the date of conclusion of the contract, even without giving reasons. This period runs from the date of receipt of the goods. To withdraw from the contract, the customer is obliged to send a request to the e-mail address of Improve Yourself Shop, s.r.o.
8.5 In the event of withdrawal from the contract, the customer is obliged to hand over to the seller without undue delay, no later than 14 days from withdrawal from the contract, all goods received, including all documentation, to the address: Křižíková 1774, Frýdek - Místek, 738 01 Upon withdrawal from the contract, the customer bears the costs associated with the return of goods. Upon delivery of the withdrawal from the contract, the association will return to the customer without undue delay, no later than 14 days from the withdrawal from the contract, all funds received from him. The seller will return the money received to the consumer in another way only if the consumer has agreed and if he does not incur additional costs.
8.6 If the customer withdraws from the purchase contract, the seller is not obliged to return the received funds to the customer before the customer hands over the goods or proves that he sent the goods to the seller.
8.7 The customer is only liable to the seller for the reduction in the value of the goods, which arose as a result of handling these goods differently than necessary to handle them with regard to their nature and properties.
8.8 In the case of the purchase of video courses on DVD, withdrawal from the contract is possible only if the original packaging of the data carrier has not been violated.
8.9 The customer cannot withdraw from the contract in case of delivery of digital content. These are cases of purchasing online courses and video courses delivered in the form of "download".
9. Handling complaints
9.1 In the event that the item is not in accordance with the purchase contract upon acceptance by the buyer (hereinafter referred to as "conflict with the purchase contract"), the buyer consumer has the right to exercise the right of defects. The extent of the exercise of the right arising from defective performance depends on whether the breach of contract has occurred in a material way or not.
9.2 If a party breaches the contract in a material way, the other party may withdraw from the contract without undue delay. A breach of duty is substantial which the party to the breach already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if it had foreseen the breach; in other cases, the breach is considered not to be material.
9.3 If the defective performance is a material breach of contract, the buyer has the right a) to eliminate the defect by delivering a new item without a defect or by delivering a missing item, b) to eliminate the defect by repairing the thing, (c) at a reasonable discount to the purchase price, or d) withdraw from the contract.
9.4 The Buyer shall inform the Seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The buyer cannot change the choice made without the consent of the seller; this does not apply if the buyer has requested the repair of a defect which proves to be irreparable. If the seller does not eliminate the defects within a reasonable time or notifies the buyer that he will not eliminate the defects, the buyer may request a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract.
9.5 If the buyer does not choose his right in time, he has the rights as if it were a minor breach of the purchase contract. If the defective performance is a minor breach of contract, the buyer has the right to eliminate the defect or a reasonable discount on the purchase price.
9.6 Until the buyer exercises the right to a discount on the purchase price or withdraws from the contract, the seller may supply what is missing or eliminate the legal defect. Other defects may be removed by the seller at his option by repairing the item or by delivering a new item; the choice must not impose disproportionate costs on the buyer.
9.7 If the seller does not remove the defect in time or refuses to eliminate the defect, the buyer may request a discount on the purchase price or may withdraw from the contract. The buyer cannot change the choice without the consent of the seller.
9.8 The buyer may not withdraw from the contract or demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply, a) if the condition has changed as a result of an inspection in order to detect a defect in the item, b) if the buyer used the item before the discovery of the defect, c) if the buyer has not caused the impossibility of returning the thing in an unaltered state by act or omission, or d) if the buyer sold the item before the discovery of the defect, if he consumed it, or if he changed the item in normal use; if this has happened only in part, the buyer will return to the seller what he can still return and give the seller compensation up to the amount in which he benefited from the use of the thing.
9.9 If the buyer does not report the defect in time, he loses the right to withdraw from the contract.
9.10 A warranty period of 24 months is provided for all goods. The warranty does not cover the following cases: a) the goods have been damaged by improper or unprofessional handling, b) the goods have been damaged by natural elements, (c) the goods have been damaged by normal wear and tear The warranty period begins when the goods are taken over by the customer, and this is possibly further extended by the time for which the goods were under warranty repair. If the goods are exchanged, a new warranty of 24 months begins to run.
9.11 In the event that a defect occurs during the warranty period, the buyer has, depending on the nature of this defect, the following rights when claiming the warranty: a) If the defect is remediable, the purchaser may request either the repair or supplementation of what is missing, or a reasonable discount on the price. b) If the defect cannot be eliminated and the object cannot be used properly for it, the purchaser may either withdraw from the contract or demand a reasonable discount on the price.
9.12 The buyer is obliged to inspect the delivered goods and inform the seller without undue delay of any defects found. The buyer can report a justified complaint based on the document (download HERE) in one of the following ways: a) to the e-mail address of the association: shop@improve-yourself.cz b) by post to the address of the association: Křižíkova 1774, Frýdek - Místek, 738 01 c) in person at the address of the association. The goods must then be sent or delivered, if possible, in the original packaging or suitable transport packaging, with a description of the defect and a copy of the sales document to the address of the operator.
9.13 After receiving the complaint, the seller will proceed with its settlement. The seller is obliged to issue a written confirmation to the consumer about when the consumer exercised the right, what is the content of the complaint and what method of handling the complaint the consumer requires; and a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint.
9.14 The Seller shall decide on the complaint immediately, in complex cases within three working days. The period begins to run from the delivery of the goods to the seller. This period does not include time appropriate to the species
9.15 Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller agrees with the consumer on a longer period. The expiration of this period in vain is considered a material breach of contract. Complaint settlement means repair of goods, or exchange of goods or return of funds when applying a discount on the purchase price or withdrawal from the contract.
10. Method of out-of-court settlement of consumer complaints
10.1 In the event of a consumer dispute between us and the consumer arising from a purchase or service contract that cannot be resolved by mutual agreement, the consumer may apply for out-ofcourt settlement of such a dispute to a designated out-of-court consumer dispute resolution body:
The Czech trade inspection Central Inspectorate - ADR Department
Stepanska 15, 120 00 Prague 2
Email: adr@coi.cz
Web: adr.coi.cz
The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/
11. Final arrangements
11.1 The contracting parties expressly declare that they have concluded these terms and conditions after a thorough acquaintance with their content, freely and seriously, they accept them, while they agree to observe the rights and obligations set out in them.
11.2 If any provision of the Terms and Conditions is invalid, this invalidity does not affect the validity of other provisions of these Terms and Conditions.
11.3 All legal relations between the contracting parties are governed by Czech law.
These business conditions take effect on 1 January 2021