Terms and Conditions

Terms and conditions

StrongGear s.r.o.

for the sale of goods through an online store with the web address www.stronggear.eu

1. INTRODUCTORY CLAUSES

1.1.       These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company StrongGear s.r.o., with registered office at Rybná 716/24, 110 00 Prague, identification number: 04099001, registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 242454 (hereinafter referred to as "the seller") regulate, in accordance with the Czech law provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on the website with an address www.StrongGear.eu (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").

1.2.       The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts within the framework of his business activity or within the framework of his independent profession.

1.3.       Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4.       The terms and conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the English language. The purchase contract can be concluded in the English language.

1.5.       The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations which arised during the effective period of the previous version of the terms and conditions.

 

2. USER ACCOUNT

2.1.       Based on the buyer's registration done on the website, the buyer can access his user interface. From his user interface (hereinafter referred to as "user account"), the buyer can order goods. If the web interface of the store allows it, the buyer can also order goods without registering directly from the web interface of the store.

2.2.       When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. In case of any change, the buyer is obliged to update the data specified in the user account. The data provided 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.

2.4.       The buyer is not authorized to allow the use of the user account to third parties.

2.5.       The seller can cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates the obligations arising from the purchase contract (including obligations arising from the terms and conditions).

2.6.       The buyer acknowledges that the user account may not be available 24/7, especially due to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

3. THE PURCHASE CONTRACT

3.1.       All presentation of goods on the web interface is of an informative nature, and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Czech Civil Code shall not apply.

3.2.       The web interface of the store contains information about the goods, including the prices of individual goods. Displayed product prices include value added tax and all related charges. Product prices remain in effect for as long as they are displayed on the store's web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.

3.3.       The store's web interface also includes information about the costs associated with packaging and delivery of goods.

3.4.       To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:

3.4.1.   ordered goods (the ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface),

3.4.2.   method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

3.4.3.   information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

3.5.       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, to take into account the possibility of the buyer finding out and correcting errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the button "Complete order". The data listed in the order are deemed correct by the seller.

3.6.       Sending an order is considered to be an act that unambiguously identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the contracting parties. The condition for the validity of the order is the filling in of all mandatory data in the order form, familiarization with these terms and conditions on the website and confirmation by the buyer that he has become familiar with these terms and conditions.

3.7.       Immediately after receiving the order, the seller will confirm the order acceptance to the buyer by e-mail, specifically 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").

3.8.       The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).

3.9.       The draft of purchase contract in the form of an order is valid for fifteen days.

3.10.   The contractual relationship between the seller and the buyer is established by the confirmation of the order acceptance, which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.

3.11.   In the event that the seller cannot fulfill any of the requirements listed in the order, he will send the buyer to the buyer's e-mail address an amended offer indicating possible variants of the amended order and request the buyer's opinion.

3.12.   The amended offer is considered a new draft of the purchase contract, and in such a case the purchase contract is concluded only upon acceptance by the buyer via e-mail.

3.13.   The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are covered by the buyer himself.

4. PRICE OF GOODS AND TERMS OF PAYMENT

4.1.       The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:

in cash on delivery at the place specified by the buyer in the order (delivery address of the goods or upon personal collection at the seller's premises);

by transfer to the seller's account No. 93031905/2010, maintained at the company Fio banka, a.s. (hereinafter referred to as "seller's account");

via the "Comgate" payment gateway.

4.2.       Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3.       The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4.       In the case of payment in cash or cash on delivery, the purchase price is due when the goods are received. Unless otherwise agreed, in the case of non-cash payment, the purchase price is due within 14 days from the conclusion of the purchase contract.

4.5.       In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with specifying the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

4.6.       The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.8), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph 1 of the Czech Civil Code shall not apply.

4.7.       Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other, unless the seller explicitly states otherwise.

4.8.       If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a VAT payer. Tax document - the invoice is issued by the seller to the buyer after sending the goods or paying the price of the goods. Tax document is sent in electronic form to the electronic address (e-mail) of the buyer.

5. WITHDRAWAL FROM PURCHASE CONTRACT

5.1.       The buyer acknowledges that according to § 1837 of the Czech Civil Code, it is not possible to withdraw from the purchase contract, among other things:

5.1.1.   regarding the delivery of goods, the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the withdrawal period,

5.1.2.   regarding the delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller,

5.1.3.  regarding the delivery of goods that have been modified according to the wishes of the buyer or for his person,

5.1.4.   regarding the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,

5.1.5.   regarding the delivery of goods in closed packaging, which the buyer removed from the packaging and for hygienic reasons it is not possible to return it,

5.1.6.   regarding the delivery of an audio or video recording or a computer program, if its original packaging was opened,

5.1.7.   regarding the delivery of newspapers, periodicals or magazines,

5.1.8.   regarding the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract.

5.2.       If it is not a case mentioned in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract within thirty (30) days from the acceptance of the goods, in accordance with § 1829 paragraph 1 of the Czech Civil Code. In the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance of the last delivery of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in this paragraph.

5.3.       The buyer can send withdrawal from the purchase contract to the address StrongGear s.r.o., Osenice 66, 50723 Dětenice. The buyer can also cancel the purchase contract by email at info@stronggear.eu or by phone at +420777670947. The provisions of Article 11 of these terms and conditions apply to the delivery of withdrawal from the contract. The entrepreneur will confirm his acceptance to the consumer without undue delay by email sent to the buyer's e-mail address.

5.4.       In the case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from its beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with transporting the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route. The buyer is obliged at his own expense to prepare the goods for transport in such a way that the goods are not damaged during transport.

5.5.       In the case of withdrawal from the contract according to Article 5.2 of the terms and conditions, the seller will return the funds received from the buyer within two (2) working days of the return of the goods from the buyer, in the same way that the buyer paid the purchase price. The seller is also entitled to return the taxable transaction provided by the buyer in another way, if the buyer agrees to this and it does not incur additional costs for the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him.

5.6.       The consumer is responsible for the reduction in the value of the goods as a result of wear and tear or handling the goods in a manner other than what is necessary to handle them in view of their nature and characteristics. Necessary handling means viewing and trying out the merchandise as you would in a business with a physical presence prior to purchase. The consumer bears the costs associated with restoring the goods to their original condition. Restoring to the original condition is understood in particular as cleaning, repairing the goods and restoring the protective packaging for storage and dispatch of the goods.

The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

5.7.       The seller is entitled to withdraw from the purchase contract at any time until the goods have been taken over by the buyer. In such a case, the seller will return the purchase price to the buyer, if it has been paid, without undue delay, in the same way that the buyer paid the purchase price to the seller.

5.8.       If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the gift together with the goods.

 

6. TRANSPORTATION AND DELIVERY OF GOODS

6.1.       In the event that the mode of transport is contracted based on the special request of the buyer, the buyer bears the risk and any 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 (to the delivery address), the buyer is obliged to take over the goods upon delivery.

6.3.       In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another delivery method.

6.4.       When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

6.5.       If the buyer does not take over the goods from the carrier (outside the provisions of Article 6.4.), the seller is entitled to demand compensation for damage incurred during the transport of the goods to the buyer and, if necessary, the transport of the goods back to the seller.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1.       The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Czech Civil Code).

7.2.       The seller is responsible for guaranteeing to the buyer that the goods are free of defects upon receival. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

7.2.1.   the goods have the properties agreed upon by the parties and, in the absence of an agreement, have the properties described by the seller or manufacturer or which the buyer
expected considering the nature of the goods and based on the carried out advertising,

7.2.2.   the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,

7.2.3.   the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,

7.2.4.   the goods are in the corresponding quantity, measure or weight and

7.2.5.   the goods meet the requirements of legal regulations.

7.3.       The provisions stated in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price due to a defect for which a lower price was agreed upon, to wear and tear of the goods caused by its usual use, in the case of used goods due to a defect corresponding to the degree of use or wear that the goods had at the time of receival by the buyer, or if it is a result of the nature of the goods.

7.4.       If a defect becomes apparent within twelve months of receipt, it is considered that the goods were already defective upon receipt.

7.5.       Rights from defective performance are exercised by the buyer at the seller's address (StrongGear s.r.o., Osenice 66, 50723 Dětenice), where complaints can be accepted with regard to the range of goods sold. The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.

7.5.       The buyer can exercise rights from defective performance 24 months from the date of receipt of the goods. This period is extended by the time during which the goods are waiting for the complaint to be processed with the seller.

7.6.       Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

7.7.       The lifetime warranty on steel kettlebells is valid for the normal life of the product. The usual lifespan of steel kettlebells is 15 years.

7.7.1.    The warranty provided covers defects in material, functionality and workmanship for the duration of the product's normal life. The Lifetime Warranty is terminated if the product becomes unusable for reasons other than defects in materials or workmanship. Please note that normal wear and tear is not covered by the warranty.

7.7.2.    The product should not be exposed to outdoor conditions for a long period of time. In the case of extensive damage to the surface treatment protecting the kettlebell against corrosion, the surface treatment must be restored using a suitable protective coating. The warranty provided may be voided for any product damaged as a result of negligence, misuse, improper maintenance or storage, or improper handling by the user. Warranty claims for products will be reviewed on an individual basis.We handle warranty claims in the form of exchanging a defective product for a faultless one.

7.7.3.    The warranty applies only to the original buyer of the product and only for the period of time the original buyer owns the product. The warranty is non-transferable.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1.       The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2.       In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Czech Civil Code.

8.3.       The out-of-court settlement of consumer disputes arising from the purchase contract falls under the purview of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: http://www.coi.cz

8.4.       The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection supervises compliance with Act No. 634/1992 Coll., on consumer protection, as amended, within a defined scope.

8.5.       The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Czech Civil Code.

9. PROTECTION OF PERSONAL DATA

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: first and last name, residential address, identification number, tax identification number, e-mail address, telephone number (hereafter referred to as "personal data").

9.3.       The buyer agrees to the processing of personal data by the seller, for the purposes of realizing rights and obligations from the purchase contract and for the purposes of maintaining a user account. If the buyer does not choose another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and commercial messages to the buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.

9.4.       The buyer acknowledges that he is obliged to provide his personal data (during registration, 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 of a change in his personal data.

9.5.       The seller can entrust the processing of the buyer's personal data to a third party. Apart from the persons transporting the goods and the persons processing the seller's accounting, personal data will not be passed on by the seller to other third parties without the prior consent of the buyer.

9.6.       Personal data will be processed indefinitely. 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 advised that this is a voluntary provision of personal data.

9.8.       In the event that the buyer believes that the seller or the processor (Article 9.5) is processing his personal data in violation of the protection of the buyer's private and personal life or in violation of the law, especially if the personal data is inaccurate with regard to for the purpose of their processing, he may:

9.8.1.   ask the seller or the processor for explanation,

9.8.2.   require the seller or the processor to remove the condition thus created.

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 request a reasonable payment not exceeding the costs necessary to provide the information for the provision of information according to the previous sentence.

10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

10.1.   The buyer agrees to the sending of information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending commercial messages to the buyer's e-mail address.

10.2.   The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.

11. AFTER-SALES SERVICE AND ASSEMBLY

12.1.   The basic rate for after-sales service and assembly is 40 € excluding VAT for one man-hour of work. This rate includes small assembly and service material (glues for screws and nuts, lubricating oil, screws, small washers and nuts...) and wear and tear of assembly and service equipment. Additional installation and service material is not included in the hourly rate (chemical and steel anchors, larger bolts, nuts and washers).

12.2. For the departure of a service or assembly vehicle with workers, the seller charges a rate of  0,85 € excluding VAT per kilometer traveled to the customer and back from the premises and to the premises of the seller at the address Osenice 66, 50723 Dětenice, or from another address as agreed with the buyer or from another address when departing from the premises of the seller's external service partner.

12.3. In the case of a legitimate exercise of the right from defective performance by the buyer, the rates according to Articles 12.1 and 12.2. are not charged to the buyer.

12. DELIVERY

12.1.   Notifications regarding the relationship between the seller and the buyer, in particular regarding withdrawal from the purchase contract, may be delivered by registered mail. Notices shall be delivered to the other party's applicable contact address and shall be deemed delivered and effective upon delivery by mail, except for a notice of withdrawal by the Buyer, in which case the withdrawal is effective if the notice is sent by the Buyer within the withdrawal period. The buyer can also cancel the purchase contract by email at info@stronggear.eu or by phone at +420 777670947

12.2.   Notices which were not accepted by the addressee, which were not picked up within the storage period, or which were returned as undeliverable are also considered delivered.

12.3.   The contracting parties can deliver regular correspondence to each other via electronic mail, to the electronic mail address specified in the buyer's user account or specified by the buyer in the order, or specified by the buyer to the address listed on the seller's website.

13. FINAL PROVISIONS

13.1.   If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

13.2.   If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions require written form.

13.3.   The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

13.4.   Contact details of the seller: delivery address StrongGear s.r.o., Osenice 66, 50723 Dětenice, e-mail address Info@stronggear.eu, telephone +420 777670947.

 

In Prague on January 6, 2023