Terms of service and refund

1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with § 1751 and following of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")

IČO: 09539409

Chlumčanského 497/5, 180 00 Praha 8 – Libeň

Registered: C 380297/MSPH Městský soud v Praze

E-Mail: [email protected]

Mobile: +420 777 607 433
(hereinafter referred to as the "seller")

2. These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as the "buyer") through the web interface located on the website available at the internet address www.body-balance.com (hereinafter referred to as the "online store").

3. The provisions of the terms and conditions are an integral part of the purchase contract. Provisions in the purchase contract that differ from these terms and conditions take precedence over the provisions of these terms and conditions.

4. These terms and conditions and the purchase contract are concluded in the Czech language.

1. Information about goods, including the prices of individual goods and their main characteristics, are provided for each item in the online store catalog. The prices of goods are inclusive of value-added tax, all related fees, and costs of returning the goods if the goods by their nature cannot be returned by ordinary postal means. The prices of goods remain valid for the period they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually agreed conditions.

2. All presentation of goods placed in the online store catalog is informative in nature, and the seller is not obliged to enter into a purchase contract regarding these goods.

3. Information about the costs associated with packaging and delivery of the goods is published in the online store. Information about the costs associated with packaging and delivery of the goods listed in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.

4. Any discounts on the price of goods cannot be combined with each other unless otherwise agreed between the seller and the buyer.

1. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) are borne by the buyer himself. These costs do not differ from the basic rate.

2. The buyer places an order for goods in the following ways:
• Through his customer account if he has previously registered in the online store,
• By filling out the order form without registration.

3. When placing an order, the buyer selects the goods, the number of items, the method of payment, and delivery.

4. Before sending the order, the buyer is allowed to check and change the data entered in the order. The order is sent by the buyer to the seller by clicking the "Send Order" button. The data provided in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory information in the order form and the buyer's confirmation that he has read these terms and conditions.

5. Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address that the buyer provided when placing the order. This confirmation is automatic and is not considered as the conclusion of the contract. The confirmation includes the current terms and conditions of the seller. The purchase contract is concluded only after the acceptance of the order by the seller. The notification of acceptance of the order is delivered to the buyer's email address.

6. If any of the requirements specified in the order cannot be fulfilled by the seller, the seller will send the buyer a modified offer to the buyer's email address. The modified offer is considered a new draft of the purchase contract, and the purchase contract 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.

7. All orders received by the seller are binding. The buyer may cancel the order until the buyer receives the notification of acceptance of the order by the seller. The buyer may cancel the order by telephone or email to the seller's contact details specified in these terms and conditions.

8. In the event of an obvious technical error on the part of the seller when stating the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer has received an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer a modified offer to the buyer's email address. The modified offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance to the seller's email address.

1. Based on the buyer's registration in the online store, the buyer can access his customer account. From his customer account, the buyer can place orders for goods. The buyer can also order goods without registration.

2. When registering for a customer account and ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account whenever there is any change. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.

3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.

4. The buyer is not entitled to allow the use of the customer account by third parties.

5. The seller may cancel the user account, especially if the buyer has not used his user account for a long time, or if the buyer violates his obligations under the purchase contract and these terms and conditions.

6. The buyer acknowledges that the user account may not be available continuously, especially concerning the necessary maintenance of the seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.

1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer in the following ways:
• Cashless transfer to the seller's bank account,
• Cashless payment by credit card,

• Cashless transfer to the seller's account via the payment gateway,
• Cash on delivery in cash upon receipt of the goods,
• In cash or by credit card upon personal collection in the stores of business partners.

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with 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.

3. In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the purchase contract.

4. In the case of payment via the payment gateway, the buyer follows the instructions of the relevant electronic payment provider.

5. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's bank account.

6. The seller does not require any advance payment or other similar payment from the buyer in advance. Payment of the purchase price before sending the goods is not an advance payment.

7. According to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, no later than within 48 hours.

8. The goods are delivered to the buyer:• To the address specified by the buyer in the order,
• By personal collection at the premises of the seller's business partners.

9. The method of delivery is chosen during the ordering of the goods.

10. The costs of delivery of the goods depending on the method of dispatch and receipt of the goods are stated in the buyer's order and in the order confirmation by the seller. If the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

11. If the seller is obliged under the purchase contract to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively, the costs associated with another method of delivery.

12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized entry into the shipment, the buyer may not accept the shipment from the carrier.

13. The seller issues a tax document - an invoice to the buyer. The tax document is attached to the delivered goods.

14. The buyer acquires ownership of the goods by paying the full purchase price of the goods, including delivery costs, but not before taking delivery of the goods. Responsibility for accidental destruction, damage, or loss of goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but did not do so in violation of the purchase contract.

1. A buyer who has concluded a purchase contract outside their business activity as a consumer has the right to withdraw from the purchase contract.

2. The period for withdrawing from the contract is 14 days:
• From the day of receiving the goods,
• From the day of receiving the last delivery of goods, if the contract involves several types of goods or the delivery of several parts,
• From the day of receiving the first delivery of goods, if the contract involves regular repeated delivery of goods.

3. The buyer cannot withdraw from the purchase contract, among other things:
• For the provision of services, if they have been fulfilled with the buyer's prior express consent before the expiration of the withdrawal period and the seller has informed the buyer before concluding the contract that in such a case the buyer does not have the right to withdraw from the contract,
• For the delivery of goods or services whose price depends on fluctuations in the financial market independent of the will of the seller and which may occur during the withdrawal period, • For the delivery of goods that have been customized according to the wishes of the buyer or for the buyer, • For the delivery of goods in a sealed package that the buyer has removed from the package and for hygienic reasons cannot be returned, • In other cases specified in § 1837 of the Civil Code.

4. To meet the deadline for withdrawal from the contract, the buyer must send a statement of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the buyer may use the model withdrawal form provided by the seller. The withdrawal form is sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller shall promptly acknowledge receipt of the form to the buyer.

6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even in cases where the goods cannot be returned by ordinary postal means due to their nature.

7. If the buyer withdraws from the contract, the seller shall return all received payments, including delivery costs, to the buyer without undue delay, no later than 14 days from the date of withdrawal, in the same manner. The seller shall return the received payments to the buyer in another manner only if the buyer agrees and if no additional costs are incurred.

8. If the buyer chose a delivery method other than the cheapest one offered by the seller, the seller shall only refund the delivery costs corresponding to the cheapest offered delivery method.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received payments to the buyer before the buyer hands over the goods to the seller or proves that the goods were sent to the seller.

10. The buyer must return the goods to the seller undamaged, unworn, and unsoiled, and if possible, in the original packaging. The seller is entitled to unilaterally offset the right to compensation for damages to the goods against the buyer's right to a refund of the purchase price.

11. The seller is entitled to withdraw from the purchase contract due to the unavailability of stock, unavailability of goods, or if the manufacturer, importer, or supplier has discontinued the production or import of the goods. The seller shall promptly inform the buyer via the email address provided in the order and return all received payments, including delivery costs, within 14 days of the notification of withdrawal from the purchase contract, in the same manner or as specified by the buyer.

1. The seller is liable to the buyer for ensuring that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer received the goods:
• 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 expected by the buyer with regard to the nature of the goods and based on the advertising carried out by them,
• The goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
• The goods correspond to the quality or performance of the agreed sample or template, if the quality or performance was determined according to the agreed sample or template,
• The goods are in the appropriate quantity, measure, or weight, and
• The goods comply with the requirements of legal regulations.

2. If a defect becomes apparent within six months of receipt of the goods by the buyer, it is assumed that the goods were defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of goods caused by their normal use, to used goods for a defect corresponding to the level of use or wear the goods had when taken over by the buyer, or if it results from the nature of the goods.

3. In the event of a defect, the buyer can submit a complaint to the seller and request:
• Exchange for new goods,
• Repair of goods,
• A reasonable discount on the purchase price,
• Withdrawal from the contract.

4. The buyer has the right to withdraw from the contract:
• If the goods have a significant defect,
• If the item cannot be properly used due to repeated occurrence of the defect or defects after repair,

• In the case of a larger number of defects in the goods.

5. The seller is obliged to accept a complaint at any establishment where the acceptance of the complaint is possible, possibly also at the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what the content of the complaint is, and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification for rejecting the complaint.

6. The seller or an authorized employee shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for expert assessment of the defect. Complaints, including the removal of defects, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the seller agrees with the buyer on a longer period. The lapse of this period is considered a substantial breach of the contract, and the buyer has the right to withdraw from the purchase contract. The moment of exercising the complaint is considered the moment when the buyer's will (exercising the right from defective performance) is expressed to the seller.

7. The seller shall inform the buyer in writing about the result of the complaint.

8. The right from defective performance does not belong to the buyer if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.

9. In the case of a justified complaint, the buyer has the right to reimbursement of costs incurred in connection with the complaint. This right can be exercised by the buyer with the seller within one month after the warranty period has expired.

10. The buyer has the choice of the method of complaint.

11. The rights and obligations of the contracting parties regarding the rights from defective performance are governed by § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.

12. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure.

1. The contracting parties may deliver all written correspondence to each other via electronic mail.

2. The buyer sends correspondence to the seller at the email address specified in these terms and conditions. The seller sends correspondence to the buyer at the email address specified in his customer account or in the order.

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from the purchase contract. 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 contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according 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 (Online Dispute Resolution Regulation).

3. The seller is authorized to sell goods based on a trade license. Trade control is carried out within the scope of its competence by the relevant trade office. The Czech Trade Inspection Authority supervises, within a defined scope, among other things, compliance with Act No. 634/1992 Coll., on consumer protection.

1. All agreements between the seller and the buyer are governed by the laws of the Czech Republic. If a relationship established by the purchase contract contains an international element, 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.

2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826(1)(e) of the Civil Code.

3. All rights to the seller's website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or any part of it without the seller's consent.

4. The seller is not responsible for errors resulting from third-party interference with the online store or its use contrary to its intended purpose. The buyer must not use procedures when using the online store that could negatively affect its operation and must not engage in any activity that could enable unauthorized interference with or unauthorized use of the software or other components forming the online store, and must not use the online store or its parts or software in a way that would be contrary to its purpose or intent.

5. The buyer assumes the risk of a change in circumstances within the meaning of § 1765(2) of the Civil Code.

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

7. The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of effect of the previous wording of the terms and conditions.

8. A sample withdrawal form is attached to the terms and conditions.

These terms and conditions take effect on January 2, 2024.