Business Terms

Business Terms

Business entity: Daniel Chlebek trading as ProFit Therapy                                                        Operational address: Ostravská 1554, 738 01 Frýdek-Místek                                                          Identification number: ID 17563691 registered in the Trade Register                                              For the sale of services and goods through the website and online store located at the internet address www.profitterapie.cz

1. Introductory Provisions

1.1. These business terms (hereinafter referred to as "terms") of the entrepreneur as a self-employed person, Daniel Chlebek trading as ProFit Therapy, with the operational address Ostravská 1554, 738 01 Frýdek-Místek, identification number: ID 17563691, registered in the Trade Register (hereinafter referred to as the "seller") regulate, in accordance with § 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") who purchases services and goods (hereinafter referred to as "goods") through the seller's website and online store. The offer of services as well as the Internet store is operated by the seller on the website located at the internet address https://profitterapie.cz (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the store"

1.2. The terms do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person who acts when ordering goods within their business activities or within their independent profession.

1.3. Deviations from the terms can be agreed upon in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms.

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

1.5. The seller may change or supplement the wording of the terms. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the terms.

2. User Account

2.1. Based on the registration of the buyer made on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). If the web interface of the store allows it, the buyer can also place orders for goods without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the data stated in the user account in case of any changes. 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 their user account.

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

2.5. The seller may cancel the user account, especially if the buyer does not use their user account for more than one year, or if the buyer violates their obligations from the purchase contract (including the terms).

2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the seller, or necessary maintenance of the hardware and software equipment of third parties, including reservation pages of reservanto s.r.o. or other pages.

3. Conclusion of the Purchase Agreement 

3.1. All product presentations displayed in the web interface of the store are of an informative nature, and the seller is not obligated to conclude a purchase agreement regarding these products. The provisions of § 1732 (2) of the Civil Code shall not appl

3.2. The web interface of the store contains information about the products, including the prices of individual products and the costs of returning the product if, by its nature, it cannot be returned by regular mail. The prices of the products are stated inclusive of value-added tax and all related fees. The prices of the products remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions.

3.3. The web interface of the store also includes information about the costs associated with packaging and delivering the products. Information about the costs associated with packaging and delivering the products stated in the web interface of the store applies only when the products are delivered within the territory of the Czech Republic.

3.4. To order products, the buyer fills out the order form in the web interface of the store. The order form includes, in particular, information about:

3.4.1. the ordered products (the buyer "adds" the ordered products to the electronic shopping cart of the web interface of the store),

3.4.2. the method of payment of the purchase price of the products, details about the desired method of delivery of the ordered products, and

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

3.5. Before submitting the order to the seller, the buyer is allowed to check and change the data entered into the order, including the possibility for the buyer to identify and correct any errors made when entering the data into the order. The buyer sends the order to the seller by clicking on the "Complete Order" button. The data provided in the order are considered correct by the seller. Upon receipt of the order, the seller promptly confirms this receipt to the buyer by electronic mail to the email address provided by the buyer in their user account or in the order (hereinafter referred to as the "buyer's email address").

3.6. Depending on the nature of the order (quantity of products, purchase price, estimated shipping costs), the seller is always entitled to request additional confirmation of the order from the buyer (e.g., in writing or by phone).

3.7. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail to the buyer's email address.

3.8. The buyer agrees to use remote communication means when concluding the purchase agreement. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase agreement (costs of internet connection, telephone call charges) shall be borne by the buyer, and these costs do not differ from the basic rate.

4. Price of the Products and Payment Terms 

4.1. The buyer may pay the purchase price of the products and any costs associated with the delivery of the products under the purchase agreement to the seller by the following means:

• in cash or by card at the seller's premises at Ostravská 1554, 738 01 Frýdek-Místek;

• in cash on delivery or by card at the location specified by the buyer in the order;

• by bank transfer to the seller's account No. 6390608309, held at Česká spořitelna, a.s. (hereinafter referred to as the "seller's account");

• by bank transfer through the reservanto payment system on the website;

• by card payment

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

4.3. The seller does not require the buyer to pay a deposit or any similar payment. This provision does not affect the provision of Article 4.6 of the terms regarding the obligation to pay the purchase price of the products in advance.

4.4. In the case of cash payment or payment on delivery, the purchase price is due upon receipt of the products. In the case of non-cash payment, the purchase price is due within five days from the conclusion of the purchase agreement.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the products along with the specification of the payment reference. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

4.6. The seller is entitled, especially if the buyer fails to provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the products to the buyer. The provisions of § 2119 (1) of the Civil Code shall not apply.

4.7. Any discounts on the price of the products provided by the seller to the buyer cannot be combined.

4.8. If it is customary in commercial practice or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice regarding payments made under the purchase agreement to the buyer. Seller Daniel Chlebek is not a value-added tax payer. The seller shall issue the tax document - invoice or receipt to the buyer after payment of the price of the products and shall send it electronically to the buyer's email address or hand it over personally at the premises.

5. Withdrawal from the Purchase Agreement 

5.1. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase agreement for the supply of goods that have been customized according to the buyer's wishes or for their person, from the purchase agreement for the supply of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from the purchase agreement for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from the purchase agreement for the supply of audio or video recordings or computer software if the original packaging has been violated.

5.2. If it is not a case specified in Article 5.1 of the terms and conditions or another case where withdrawal from the purchase agreement is not possible, the buyer has the right to withdraw from the purchase agreement in accordance with the provisions of § 1829 (1) of the Civil Code, and this within fourteen (14) days of receiving the goods, with regard to the fact that if the subject of the purchase agreement is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the purchase agreement must be sent to the seller within the period specified in the preceding sentence. For withdrawal from the purchase agreement, the buyer may use the sample form provided by the seller, which is attached to the terms and conditions. The buyer shall send the withdrawal from the purchase agreement to the seller's email address daniel@profitterapie.cz.

5.3. In the event of withdrawal from the purchase agreement pursuant to Article 5.2 of the terms and conditions, the purchase agreement is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days from the delivery of the withdrawal from the purchase agreement to the seller. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.

5.4. In the event of withdrawal from the purchase agreement pursuant to Article 5.2 of the terms and conditions, the seller shall refund the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase agreement by the buyer, in the same manner as the seller received them from the buyer. The seller is also entitled to refund the performance provided by the buyer at the time of returning the goods by the buyer or in another way, if the buyer agrees to it and it does not result in additional costs for the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to refund the funds received to the buyer before the buyer returns the goods to the seller or proves that the goods were sent to the seller.

5.5. The seller is entitled to unilaterally set off the claim for damages incurred on the goods against the buyer's claim for a refund of the purchase price.

5.6. In cases where the buyer has the right to withdraw from the purchase agreement in accordance with the provisions of § 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time until the goods are received by the buyer. In such a case, the seller shall refund the purchase price to the buyer without undue delay, by non-cash transfer to the account designated by the buyer.

5.7. If a gift is provided to the buyer together with the goods, a gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase agreement, the gift contract regarding such gift becomes ineffective, and the buyer is obliged to return the provided gift to the seller together with the goods.

6. Transport and Delivery of Goods 

6.1. If the mode of transport is agreed upon at the special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If, under the purchase agreement, the seller is obliged to deliver the goods to a location specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer shall bear the costs associated with repeated delivery of the goods or a different method of delivery.

6.4. Upon 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 immediately notify the carrier. If there is any damage to the packaging indicating unauthorized access to the shipment, the buyer is not obliged to accept the shipment from the carrier.

6.5. Other rights and obligations of the parties related to the transport of goods may be regulated by special delivery conditions issued by the seller if they have been issued.

7. Rights from Defective Performance 

7.1. Rights and obligations of the contractual parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular, the provisions of §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on consumer protection, as amended).

7.2. The seller is liable to the buyer that the goods do not have any defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer took over the goods:

7.2.1. the goods have the qualities agreed upon by the parties, and if there is no agreement, they have such qualities that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and based on the advertising they carried out,

7.2.2. the goods are suitable for the purpose stated by the seller or for which goods of this kind are usually used,

7.2.3. the goods correspond to the agreed quality or design to the agreed sample or model if the quality or design was determined according to the agreed sample or model,

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

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or if it arises from the nature of the goods.

7.4. If a defect appears within six months of receipt, it is presumed that the goods were defective already at the time of receipt. The buyer is

8.Further 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. The seller is not bound by any codes of conduct towards the buyer within the meaning of § 1826 (1) (e) of the Civil Code.

8.3. Handling consumer complaints is ensured by the seller via the email address daniel@profitterapie.cz. The seller shall send information about the resolution of the buyer's complaint to the buyer's email address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes from the purchase agreement. The platform for online dispute resolution, available at https://ec.europa.eu/consumers/odr, can be used for resolving disputes between the seller and the buyer from the purchase agreement.

8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: https://www.evropskyspotrebitel.cz, serves as a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

8.6. The seller is authorized to sell goods based on a trade license. Trade supervision within its competence is carried out by the relevant trade licensing office. The Office for Personal Data Protection supervises the protection of personal data. The Czech Trade Inspection Authority, within the defined scope, among other things, supervises compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.7. By this, the buyer assumes the risk of a change in circumstances within the meaning of § 1765 (2) of the Civil Code.

9. Personal Data Protection 

9.1. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons concerning the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) ("GDPR") related to the processing of the buyer's personal data for the purposes of fulfilling the purchase agreement, negotiating this contract, and fulfilling the public law obligations of the seller through a special document.

10. Sending Commercial Communications and Storing Cookies 

10.1. The buyer agrees to receive information related to the goods, services, or business of the seller at the buyer's email address and further agrees to receive commercial communications from the seller at the buyer's email address. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of the GDPR related to the processing of the buyer's personal data for the purpose of sending commercial communications through a special document.

10.2. The buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the website and fulfill the seller's obligations from the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may revoke their consent at any time.

11. Delivery

 11.1. The buyer may be served at the buyer's email address.

12. Final Provisions 

12.1. If the relationship based on the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law.

12.2. The choice of law pursuant to Article 12.1 of the terms and conditions does not deprive the consumer of the protection afforded to them by provisions of the legal order from which there can be no derogation by agreement and which would otherwise be applicable under Article 6 (1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.3. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the meaning of the invalid provision shall be replaced by a provision that as closely as possible approximates the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

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

12.5. The sample form for withdrawing from the purchase agreement is an appendix to the terms and conditions.

12.6. Contact details of the seller: email address daniel@profiterapie.cz, phone +420 725 852 649.

In Frýdek-Místek, dated 1.10.2023.