Terms and conditionsTerms and conditions
For the on-line shop https://koloseumnutrition.cz
1. INTRODUCTION
1.1 The following general business terms and conditions (hereinafter referred to as “T&C” are valid and effective from March 1st 2017 and apply to the conclusion of any purchase agreements between KOLOSEUM NUTRITION Ltd., IN: 05130280, having its registered office at Sokolovská 2233/76, 323 00 Pilsen (hereinafter referred to as “Vendor”) and a customer (hereinafter referred to as “Purchaser”) implemented in connection with or as a result of a purchase of goods according to the Vendor’s offer at the Vendor’s internet shop at https://koloseumnutrition.cz (hereinafter referred to as “E-shop”), and services offered and provided by the Vendor to the Purchaser in connection with the offering and selling of goods.
1.2 These T&C only apply to purchase contracts concluded with Purchasers who are the Vendor’s end customers. These T&C do not apply to purchase contracts concluded with business entities that do not purchase goods for the purpose of their own final consumption.
1.3 These T&C are in accordance with Section 1751 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as “CC”), and are an inseparable part of each purchase contract concluded between the Vendor and the Purchaser through the E-shop in accordance with Article 2 of the CC (hereinafter referred to as “Purchase Contract”), unless the Purchaser and the Vendor have expressly agreed upon a different arrangement.
1.4 For the conclusion of Purchase Contracts between the Vendor and Purchaser made by means of distance communication (e.g. by telephone, fax, e-mail, etc.), these T&C shall be used appropriately.
1.5 The wording of these T&C may be changed or supplemented at any time by the Vendor. However, this provision is without prejudice to the rights and obligations arising from the Purchase Contract entered into before the effective date of the new T&C.
2. ENTERING INTO A PURCHASE CONTRACT
2.1 The E-shop contains offers of goods for sale by the Vendor. Part of the offer of all goods is its designation, the description of its basic or characteristic properties, the final price of the goods in CZK including all taxes and charges, stock availability and information on the cost of delivery of the goods and, if necessary, other information.
2.2 The Purchaser places selected items from the E-shop, which it is their intent to purchase, into the basket on the E-shop internet interface. Once the buyer has logged in to the E-shop site or completed identification data, chosen the delivery method and method of payment for the required goods, the Purchaser is acquainted with the final purchase price, including the sum of the prices of the selected goods placed by the Purchaser into the basket and all related services, taxes and other fees, as well as the price for the chosen delivery method.
2.3 Until the moment of order confirmation by the Purchaser, the list of goods in the E-shop, as well as the list of goods placed by the purchaser into the basket, only represents an invitation to tender in accordance with §1733 of the CC and as such does not constitute an obligation to the Vendor, in particular the obligation to conclude the Purchase Contract.
2.4 Before the final order confirmation, the Purchaser may review and arbitrarily change the input data of their order at any time. Upon confirmation of the the order the Purchaser makes an irrevocable offer to the Vendor for the conclusion of the Purchase Contract for the goods and services placed in the E-shop basket, and simultaneously expresses agreement with these T&C.
2.5 The Vendor is under no obligation to accept an order that is not made in accordance with these T&C. The Vendor will inform the Purchaser of this and, at the same time, the Vendor may prompt the Purchaser to correct or amend an order made in contravention of the T&C within a reasonable time, the expiration of which results in the Purchaser order being viewed as if it had never been made.
2.6 The Vendor immediately confirms to the Purchaser the receipt of their order electronically by email sent to the e-mail address supplied by the Purchaser when registering their user account, or in the order.
2.7 The Purchase Contract is concluded between the Vendor and the Purchaser at the moment of delivery of the Vendor’s confirmation of the receipt of the Purchaser’s Purchase Order, and the Vendor is then obliged to acquire and deliver the selected goods and services to the Purchaser in accordance with the Purchase Contract and these T&C, and the Purchaser will be obliged to accept the goods and related services and pay the agreed price.
2.8 The Purchase Contract is not concluded if the Purchaser’s order is not accepted by the Vendor in accordance with Article 2.7 of these T&C or is accepted with reservation. The Vendor reserves the right not to enter into a Purchase Contract with a Purchaser who has previously substantially violated a Purchase Contract or these T&C or is a person who is in default on the payment of any due debts to the Vendor.
2.9 The Vendor reserves the right, in exceptional cases, not to deliver selected goods to the Purchaser, in particular when the E-shop mistakenly specifies incorrect or non-standard details about the selected goods, their price or delivery date, or if the goods are permanently unavailable in the warehouse. The Vendor undertakes in such cases to refund the Purchaser the financial amount paid under the Purchase Contract.
2.10 By submitting an order by clicking on the “Confirm Order” button in the E-shop, the Purchaser agrees with these T&C and declares that they have had the opportunity to become acquainted with these T&C prior to the confirmation of the order. These T&C and their subsequent changes are published at https://koloseumnutrition.cz/cs/c/3-obchodni-podminky and are also sent to the Purchaser in an e-mail attachment with the order confirmation.
2.11 Costs incurred by the Purchaser when using remote means of communication in connection with the conclusion and fulfilment of the Purchase Contract shall be borne exclusively by the Purchaser.
3. PAYMENT TERMS AND CONDITIONS
3.1 The price of the goods is valid at the time of publication of the Vendor’s offer in the E-shop. Payment for the delivery of goods and other services and any other charges under these T&C are not included in the price of the goods but are charged separately, thus increasing the total final purchase price including all taxes and charges that the Purchaser is obliged to pay in case of the conclusion of the Purchase Contract, of which the Purchaser is informed prior to confirmation of the order.
3.2 The E-shop allows the Purchaser to choose the method of payment for the goods. The Purchaser is entitled to choose the appropriate method of payment and to pay the agreed price of the goods within the specified term in accordance with the Purchase Contract in the following ways:
i. in cash at the Vendor’s premises at Sokolovská 2233/76, 323 00 Pilsen (within advertised opening hours); at the Alice Fitness Centre at Lábkova 903/38, 318 00 Pilsen (within advertised opening hours); at PP3 Park , Hall D1, Do Čertous 2635/20, 193 00 Prague 913, where the goods will be ready for collection by the Purchaser;
ii. in cash on delivery by the shipping service (see Article 4 of the T&C);
iii. cashless in advance via the payment portal ComGate (www.comgate.cz);
iv. cashless payment by card upon receipt of the goods at the Vendor’s premises at Sokolovská 2233/76, 323 00 Pilsen, where the goods will be ready for collection by the Purchaser.
3.3 In the case of cash payment or cash on delivery, the purchase price of the goods is always due at the latest when the goods are accepted.
3.4 In the case of a cashless payment, the Purchaser’s obligation to pay the purchase price is fulfilled at the time of the purchase price being credited to the Vendor’s account.
3.5 The Purchaser acquires ownership of the goods specified in the Purchase Contract by accepting the goods on the condition that the full purchase price of the goods has already been paid, otherwise only after the full purchase price of the goods has been paid.
4. DELIVERY PRICES AND DISCOUNTS
4.1 The Vendor dispatches the ordered goods through the contractual carriers Česká pošta (Czech Postal Service), Geis Parcel CZ Ltd., Zásilkovna Ltd., or via other carriers according to information given in the E-shop. Only within the territory of the City of Pilsen and the town of Rokycany, and only in cash payment, express delivery of goods by Leek Ltd. (PIZZA DOMA) is also available.
4.2 Terms and conditions of transport and delivery via Česká pošta (Czech Postal Service):
i. in cash on delivery postage and packing amounts to 109 CZK,
ii. on delivery of goods, the price of which has been paid by cashless payment via the ComGate portal, postage and packing amounts to 109 CZK,
iii. should the cost of the order exceed CZK 1,500, postage and packing is free of charge.
4.3 Terms and conditions of transport and delivery via Geis Parcel CZ Ltd.:
i. in cash on delivery postage and packing amounts to 99 CZK,
ii. on delivery of goods, the price of which has been paid by cashless payment via the ComGate portal, postage and packing amounts to 89 CZK,
iii. should the cost of the order exceed CZK 1,500, postage and packing is free of charge.
4.4 Terms and conditions of transport and delivery via Zásilkovna Ltd.:
i. in cash on delivery postage and packing amounts to 99 CZK,
ii. on delivery of goods, the price of which has been paid by cashless payment via the ComGate portal, postage and packing amounts to 89 CZK,
iii. should the cost of the order exceed CZK 1,500, postage and packing is free of charge.
4.5 Terms and conditions of express transport and delivery via PIZZA DOMA
i. in cash on delivery postage and packing amounts to 75 CZK,
ii. should the cost of the order exceed CZK 1,500, postage and packing is free of charge.
6. DELIVERY TERMS AND CONDITIONS
6.1 The Vendor undertakes to deliver the ordered goods to the Purchaser within the term specified in the Purchase Contract, but no later than one week after the conclusion of the Purchase Contract, unless otherwise agreed by the contracting parties. The Purchaser acknowledges that the delivery date of the goods as stated in the E-shop is only indicative.
(a) Delivery of goods at the Vendor’s premises: Goods will be prepared for collection at the registered office of the Vendor at Sokolovská 2233/76, 323 00 Pilsen (within advertised opening hours), at a date specified by the Vendor; The Purchaser is obliged to collect the goods immediately after he has learned about the readiness of the goods at the premises and the possibility of collection unless the contracting parties agree otherwise.
(b) Delivery to another location specified by the Purchaser: The Vendor, respectively the carrier, shall inform the Purchaser of the date of delivery of goods to the location designated by the Purchaser (delivery address), via e-mail. The delivery of goods shall be made by the respective carrier of the Vendor selected on the basis of the choice of the method of delivery by the Purchaser in the E-shop and by the deadline stated in the e-mail, but no later than within the time limit specified in Article 6.1 of these T&C. The Purchaser acknowledges that any method of delivery may be charged at the amount indicated in the E-shop. No later than on the date of delivery of the goods, the carrier of the Vendor shall inform the Purchaser of the exact time of delivery of the goods. In the event that the Purchaser fails to accept the goods or they cannot be delivered for other reasons at the Purchaser’s site, including repeatedly on a substitute date, the goods are to be returned to the Vendor.
6.2 The Purchaser is obliged to accept the ordered goods and to inspect them correctly upon delivery. The Purchaser shall acknowledge receipt of goods in writing on the delivery document, which confirms, in particular, conformity of the quantity and type of goods accepted with the description given in the delivery document. If the goods cannot be inspected upon delivery, the Purchaser is obliged to do so immediately and report any damages to the Vendor in accordance with Article 7 of these T&C.
6.3 Should the goods be damaged during delivery by the carrier, the Purchaser is obliged to write a record of damage to the transported goods and refuse the delivered goods. If the Purchaser detects damage caused by transportation only after delivery of the goods, the Purchaser must immediately and no later than within 24 hours of delivery inform the Vendor by e-mail at info@koloseumnutrition.cz.
6.4 Consignments returned to the Vendor as refused are to be sent to the Purchaser only upon request and the Purchaser is always obliged to pay the Vendor for postage for re-dispatch.
6.5 The conditions of transport through individual carriers are stated in the E-shop, including the final price. The shipping price may vary depending on the total amount of purchase or its weight or size.
7. RESPONSIBILTY FOR DEFECTS AND WARRANTY CLAIMS
7.1 The Vendor is liable to the Purchaser for the fact that the goods are sold in accordance with the Purchase Contract, in particular, that there are no defects. In particular, the Vendor is liable to the Purchaser for the fact that, at the time of the acceptance the goods have the properties agreed by the parties and, if there is no such agreement, the properties described by the Vendor or the Manufacturer or expected by the Purchaser with regard to the nature of the goods and based on the advertising provided; that the goods are suitable for the purpose for which they are described by the Vendor, or for which such goods are ordinarily used; that the goods by their quality or design correspond with the agreed sample or original if the quality or the design was determined according to an agreed sample or original; that the goods are of the appropriate quantity, size or weight and that the goods comply with all legal requirements.
7.2 Should a defect occur within six months of the acceptance of the goods, it shall be assumed that the goods were defective at the time of acceptance. The Purchaser is entitled to claim a defect should such defect occur within a twenty-four month period from the date of the acceptance of the goods. This does not apply to such defects which are subject to the stipulated period of the minimum durability of said goods and for which the Purchaser may, according to Section 2167 (D) CC, exercise the right to claim such a defect only should said defect occur during said period of minimum durability.
7.3 The Purchaser may claim the warranty personally at the registered office of the Vendor, or by e-mail at info@koloseumnutrition.cz, or by post to KOLOSEUM NUTRITION Ltd. IN: 05130280, with registered office at Sokolovská 2233/76, 323 00 Pilsen. The Purchaser is obliged to file a claim within the aforementioned period without undue delay once the Purchaser has discovered, or could have discovered, or should have discovered the defect. In the case of a warranty claim, the Purchaser shall prove the origin of the goods by submitting an invoice, Purchase Contract, order acceptance, or Warranty certificate, if such a document was issued for the goods. If the Purchaser is unable to submit the necessary documents, the Purchaser shall prove the conclusion of the Purchase Contract in another demonstrable manner.
7.4 Should the goods not have the agreed or customary properties according to Article 7.1 of these T&C, the Purchaser may also request a replacement in the form of a new item without defects, unless it is unreasonable to do so due to the nature of the defect; however, should the defect relate only to a part of the goods, the Purchaser may only request the replacement of a part of the goods; should this not be possible, the Purchaser may withdraw from the Purchase Contract. However, should the replacement of the goods be disproportionate in view of the nature of the defect, in particular in the case of the defect being remedied without undue delay, the Purchaser has the right to a solution to the defect free of charge. The Purchaser has the right to receive new goods, or to receive a replacement of a part of the goods, even in the case of a solution to a defect, if the goods cannot be correctly used due to repeated defects after repair, or due to a higher number of defects. In such a case, the Purchaser has the right to withdraw from the Purchase Contract. If the Purchaser does not withdraw from the Purchase Contract, or does not exercise the right to receive new non-defective goods, replacement parts, or repair the goods, a reasonable discount may be requested. The Purchaser has the right to a reasonable discount even in the case when the Vendor is unable to deliver new non-defective goods, replacements parts, or repair the goods, and also in case when the Vendor fails to arrange a solution within a reasonable period of time, or should the solution cause serious difficulties to the Purchaser.
7.5 In case of a warranty claim, the Vendor shall provide the Purchaser with confirmation of the extent to which the Purchaser has exercised the right, the content of the warranty claim, and the form of settlement that the Purchaser may claim. The Vendor shall also issue a written statement including the date and manner of claim settlement, and including confirmation of the repair and its duration, or a written justification for refusal of a warranty claim.
7.6 A warranty claims for goods, including the resolution to a defect, must be settled immediately; in complex cases no later than three (3) working days from the date of the claim; in justified cases, especially if a more complex technical evaluation of the condition of the goods or service is required, no later than thirty (30) days from the date of the claim; within this time period the Vendor shall notify the Purchaser of the type of claim settlement. Upon the expiry of this period, the Purchaser shall have the same rights as if it were a defect that cannot be eliminated. Warranty claims, including the resolution to a defect, must be resolved without undue delay, and within a period of no more than thirty (30) days. Upon the expiry of this period, the Purchaser shall have the same rights as if it were a defect that cannot be eliminated.
7.7 A warranty for quality, or claims for defective performance shall not apply to goods sold at a lower price due to a defect for which a lower price has been agreed beforehand; for wear and tear on the goods caused by normal use; for used goods with an existing defect corresponding to the degree of wear and tear to which the goods had been subject at the time of the acceptance by the Purchaser; for the use of goods in violation of operating instructions; or should such a defect arise due to the nature of the goods.
8. PERSONAL DATA PROTECTION AND BUSINESS COMMUNICATION
8.1 The Purchaser acknowledges that the Vendor is entitled to process their personal data within the scope of information provided at the time of registration or order (name, surname, address, contact email, and telephone number) in order to fulfil contractual obligations arising from the Purchase Contract.
8.2 The Purchaser further agrees that Vendor is entitled to use their personal data to the extent stated in Article 8.1 complemented with a purchase history (e.g. an overview of orders, purchased goods and pages visited in the Internet Store) for the purpose of identifying the Purchaser’s procurement orientation and interests with a view to subsequent offers of the Vendor’s business and services for the duration of the Vendor’s business.
8.3 In the case of acceptance of the goods in accordance with Article 6.1 (a) of these T&C, the Vendor is entitled to ask the person authorised to accept the goods for identification and to keep a record of their personal data (name, surname, address) for a period of no more than four (4) months for the purpose of verification of the authorised person to whom the goods were delivered.
8.4 The Purchaser’s personal data provided in accordance with Articles 8.1 and 8.2 of these T&C shall not be given to any entity other than the Vendor and their personal data processors without prior consent. Personal data shall be secured against abuse and shall not be shared with any third parties. Personal data are provided in accordance with Articles 8.1 and 8.2 of these T&C.
8.5 The Purchaser has the right to ask the Vendor at any time for information on the manner in which their personal data are processed; the Vendor is required to disclose such information without undue delay. Vendor may request reasonable compensation from the Purchaser for providing said information.
8.6 The Purchaser has the right to contact the Vendor if they believe that their personal data is being processed in violation of the law and to ask the Vendor for an explanation or resolution; otherwise the Purchaser has the right to contact the Office for Personal Data Protection.
8.7 Should the Purchaser disagree with the processing of their personal data for the purposes specified in Article 8.2 of these T&C, a request may be made in writing for the Vendor to remove said data from their database, or may do so as part of the customer account setup. Other possible special rights of the Purchaser not mentioned herein are governed by Section 21 of Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
8.8 The Purchaser agrees that the Vendor may send commercial communications by electronic means. The Purchaser shall have the opportunity to cancel this agreement by means of a simple method within each individual electronic message.
9. WITHDRAWAL FROM THE PURCHASE CONTRACT
9.1 The Purchaser is entitled to withdraw from the Purchase Contract within a period of 14 days from the date of acceptance of the goods. Withdrawal from the Purchase Contract shall also be also considered effective if the withdrawal is sent to the Vendor at KOLOSEUM NUTRITION Ltd., IN: 05130280, registered office at Sokolovská 2233/76, 323 00 Pilsen on the final day of the aforementioned period. Should the Purchaser withdraw from the Purchase Contract, the Purchase Contract shall be null and void from the beginning.
9.2 Should the Purchaser withdraw from the Purchase Contract, any goods received from the Vendor shall be returned to the Vendor without undue delay and no later than within 14 days from the date of withdrawal from the Purchase Contract. The Purchaser shall prove the origin of the goods by enclosing a purchase receipt or other document proving the conclusion of the Purchase Contract. Costs associated with the return of goods are borne by the Purchaser.
9.3 Should the Purchaser withdraw from the Purchase Contract, the Vendor shall return all funds (the purchase price of the delivered goods) including delivery costs received under the Purchase Contract in the same manner in which they were received and without undue delay and no later than within 14 days of the date of withdrawal from the Purchase Contract. The Vendor is not obliged to return received funds to the Purchaser until the Purchaser submits the goods or proves that the goods have been despatched to the Vendor.
9.4 However, if, when ordering the goods the Purchaser chose a delivery method other than the cheapest offered by the Vendor in the E-shop, the Vendor shall return to the Purchaser the cost of delivery only to the amount corresponding to the cheapest delivery method offered.
9.5 The Purchaser shall return the goods in the original packaging, or in such packaging designed to prevent damage to the goods during transportation, in good condition and complete including all accessories supplied with the goods. The Purchaser is liable to the Vendor for any reduction in the value of the goods resulting from the handling of such goods other than the necessary handling in regard to the nature and characteristics of the goods, i.e. any wear and tear on the goods beyond that normally expected of the goods in the ordinary course of purchase in a shop.
9.6 The Purchaser may not withdraw from the Purchase Contract in the case of the goods concerned being perishable, or should the goods be irretrievably mixed with other goods after delivery; goods supplied in a sealed package that has been opened by the Purchaser cannot be returned for reasons of hygiene.
10. ALTERNATIVE DISPUTE RESOLUTION (ADR) FOR CONSUMER DISPUTES
10.1 A Buyer, who is a consumer, has the right to an Alternative Dispute Resolution (ADR), e.g. has the right to out-of-court settlement arising from the agreement conluded with the Seller, the subject of which is the Czech Trade Inspection Authority. A Buyer is entitled to address proposals for an Alternative Dispute Resolution for Consumer Disputes at CTIA´s contact address: Czech Trade Inspection Authority, Central Inspectorate – ADR,Štěpánská 15,120 00 Praha 2 (email: adr@coi.cz).
10.2 The procedure of an Alternative Dispute Resolution for Consumer Disputes is regulated in Section 20d et seq. Of Act No. 634/1992 Coll., On Consumer Protection. More detailed information on the Alternative Dispute Resolution, including rules for the Alternative Dispute Resolutions procedure and the its opening form is available to the Buyer on the website of the Alternative Dispute Resolution body (CTIA):
https://adr.coi.cz.
11. PURCHASER WHO IS NOT A CONSUMER
11.1 In the event that the Purchaser is not a consumer according to Section 419 of the CC, the provisions of Article 7.1, Article 7.2 and Article 9 of these T&C shall not apply.
11.2 The Purchaser who is not a consumer according to Section 419 of the CC, is, in contrast to the provisions of Article 7 of these T&C, provided with a guarantee for the quality of the goods for the duration of the minimum durability period of the individual purchased goods; should the goods not have a stated minimum durability period the guarantee shall be for a period of 12 months from the date of the acceptance of the goods by the Purchaser.
12. DELIVERY
12.1 Unless otherwise agreed, all correspondence relating to the Purchase Contract shall be delivered in writing by electronic mail, in person, or by registered mail through the postal service provider (according to the preference of the sender).
12.2 The Vendor’s delivery address is the correspondence address: KOLOSEUM NUTRITION s.r.o., IN: 05130280, registered office at Sokolovská 2233/76, 323 00 Pilsen; the electronic address is info@koloseumnutrition.cz.
13. FINAL PROVISIONS
13.1 All legal relationships between the Vendor and the Purchaser are governed by the laws of the Czech Republic. Relationships not regulated by the Purchase Contract or these T&C are governed by the CC and the Act No. 634/1992 Coll., On Consumer Protection, as amended.
13.2 The Purchase Contract, including the Business Terms and Conditions, shall be archived by the Vendor in electronic form. Any changes and/or amendments to the Purchase Contract or Business Terms and Conditions shall take written form.