Vieworks s.r.o.
Vejvodova 445/1
Prague 1, 110 00

Company ID: 26148021
Tax ID: CZ26148021
Registered with the Municipal Court in Prague, Section C, File No. 74489

Studio Yoga Movement
Na Zatlance 1151/8,
Prague 5 – 150 00

PROVIDER CONTACT INFORMATION
Reception:
info@yogamovement.cz
+420 702 157 021

CONTACT PERSON
Adéla Porubská
adela@yogamovement.cz
+420 777 117 299

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of Vieworks s.r.o., with its registered office at Vejvodova 445/1, 110 00 Prague 1, registered in the Commercial Register (hereinafter referred to as the “Seller”) govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller at the web address www.yogamovement.cz via a web interface (hereinafter referred to as the “store’s web interface”) and other related legal relationships.

1.2. Provisions that differ from these Terms and Conditions may be agreed upon in the purchase agreement. Any such differing provisions in the purchase agreement shall take precedence over the provisions of these Terms and Conditions.

1.3. The provisions of the Terms and Conditions are an integral part of the purchase agreement.

1.4. The Seller may amend or supplement these Terms and Conditions. This provision does not affect the rights and obligations of the parties that arose during the period of validity of the previous version of the Terms and Conditions.

2. USER ACCOUNT

2.1. Once the buyer has registered on the website, they may access their user interface. From their user interface, the buyer may place orders for goods (hereinafter referred to as the “user account”). If the store’s website interface allows it, the buyer may also place orders for goods without registering, directly through the store’s website interface.

2.2. When registering on the website and placing an order, the buyer is required to provide accurate and truthful information. The information provided by the buyer in their user account and when placing an order is considered accurate by the seller.

2.3. Access to the user account is secured by a username and password.

2.4. The Buyer is not entitled to allow third parties to use the user account.

2.5. The Seller may terminate a user account, particularly if the Buyer has not used their user account for more than 12 months, or if the Buyer breaches their obligations under the purchase agreement (including the Terms and Conditions).

2.6. The Buyer acknowledges that the user account may not be available at all times, particularly in light of necessary maintenance of the Seller’s hardware and software, or necessary maintenance of third-party hardware and software.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. The store’s website contains a list of goods offered for sale by the seller, including the prices of each item. The prices of the goods offered include value-added tax and all related fees. The offer to sell goods and the prices of such goods remain valid for as long as they are displayed on the store’s website. This provision does not limit the seller’s ability to enter into a purchase agreement under individually negotiated terms.

3.2. The online store’s website also provides information on the costs associated with packaging and delivery of goods. The information on the costs associated with packaging and delivery of goods provided on the online store’s website applies only to deliveries within the Czech Republic.

3.3. To order goods, the buyer must fill out the order form on the store’s website. The order form includes, in particular, information regarding:

3.3.1. the ordered goods (the buyer “adds” the ordered goods to the electronic shopping cart on the store’s website),

3.3.2. method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and

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

3.4. Before submitting an order to the seller, the buyer is given the opportunity to review and modify the information entered in the order, including the ability to identify and correct any errors made when entering data into the order.

The buyer submits the order to the seller by clicking the “Order and Pay” button. The information provided in the order is deemed accurate by the seller. Immediately upon receipt of the order, the seller shall confirm receipt to the buyer via email, specifically to the buyer’s email address provided in the user interface or in the order (hereinafter referred to as the “buyer’s email address”).

3.5. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is entitled to request that the Buyer provide additional confirmation of the order (for example, in writing or by telephone).

3.6. The seller shall immediately confirm receipt of the buyer’s complete order via email. This constitutes the conclusion of the sales contract.

3.7. The Buyer acknowledges that the Seller is not obligated to enter into a purchase agreement with persons who have previously materially breached their obligations under a prior agreement with the Seller. In such a case, the Seller shall notify the Buyer no later than 3 business days after receiving the order, and the purchase agreement shall not be concluded.

3.8. The Buyer agrees to the use of means of distance communication when concluding the purchase agreement. Any costs incurred by the Buyer in connection with the use of means of distance communication for the purpose of concluding the purchase agreement (such as internet connection fees and telephone charges) shall be borne by the Buyer.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The buyer may pay the seller the price of the goods and any delivery costs associated with the purchase agreement in the following ways:

• by bank transfer to the Seller’s account no. 283178086 / 0300, held at Vieworks s.r.o. (hereinafter referred to as the “Seller’s account”);

• by credit card via a payment gateway;

4.2. In addition to the purchase price, the buyer is obligated to pay the seller the agreed-upon delivery costs. Unless expressly stated otherwise, the purchase price is understood to include the delivery costs.

4.3. In the case of cash payment or cash-on-delivery, the purchase price is due upon receipt of the goods. In the case of a non-cash payment, the purchase price is due within 14 days of the conclusion of the purchase agreement.

4.4. In the case of a non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled upon the crediting of the relevant amount to the seller’s account.

4.5. If it is customary in business dealings or if required by generally applicable laws, the Seller shall issue a tax document—an invoice—to the Buyer for payments made under the purchase agreement. The Seller is a value-added tax payer. The Seller shall issue a tax document—an invoice—to the Buyer after payment of the price of the goods and shall send it in electronic form to the Buyer’s email address.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

e) The buyer—a consumer—has the right to withdraw from the contract within 14 days of receiving the goods, without giving a reason for the withdrawal. The buyer must notify the seller of this fact (withdrawal); we recommend doing so in writing to the address: Na Zatlance 1151/8, Prague 5, 150 00, electronically to the address: info@yogamovement.cz, or by another unambiguous statement. A buyer who has withdrawn from the purchase contract is obligated to send or hand over the goods to the seller, unused and undamaged, within 14 days of withdrawing from the contract. The goods may be sent to the address of the seller’s business location listed above or handed over directly to the seller at that address. The costs of returning the goods to the seller are borne by the buyer. The amount paid for the returned goods, including the costs of delivery to the customer, if charged, will be refunded to the customer without undue delay, no later than 14 days from the withdrawal from the contract, in the same manner in which this amount was received. If the consumer chose a delivery method other than the cheapest one offered by the seller, the seller shall refund the delivery costs in an amount corresponding to the cheapest delivery method offered. The seller is not obligated to refund the funds received to the buyer before the buyer hands over the goods to the seller or proves that the goods have been shipped to the seller.

If a consumer dispute arises between the seller and the consumer buyer arising from a sales contract or a contract for the provision of services, and the parties are unable to resolve it by mutual agreement, the consumer may file a request for out-of-court resolution of such a dispute with the designated entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, address:

Czech Trade Inspection Authority

Central Inspectorate – ADR Department
Štěpánská 796/44
110 00 Prague 1

Email: adr@coi.cz
Website: adr.coi.cz

6. Delivery of goods

The delivery period begins on the date the purchase agreement is concluded. If the goods are in stock, the seller will ship them or hand them over to the carrier within 5 business days. The delivery period will be extended as appropriate under the circumstances if the delay is caused by force majeure or circumstances beyond the seller’s control.

If the ordered goods are out of stock or cannot be delivered to the carrier within 5 days, the seller shall notify the buyer of the estimated delivery date at least 24 hours in advance. The delivery deadline is considered met if the goods are ready for handover to the customer at the place of performance no later than the last day of the agreed or subsequently agreed delivery period.

The maximum delivery period is 30 days from the conclusion of the purchase agreement. If the seller is late in delivering the goods, the buyer may withdraw from the agreement if the seller fails to fulfill its obligation even within a reasonable grace period granted by the buyer.

The buyer may withdraw from the contract without notice only if the seller has refused to perform, or if performance within the specified time is essential given the circumstances at the time the contract was concluded, or if the buyer informed the seller prior to the conclusion of the contract that delivery within a specific time is essential.

The seller shall, without undue delay and no later than 14 days after the buyer withdraws from the contract, refund to the buyer all monetary payments made by the buyer under the contract. The refund to the consumer may be issued only after the seller has received the goods back or has received proof of their shipment.If, for reasons attributable to the buyer, the goods must be delivered repeatedly or by a method other than that specified in the order, the buyer is obligated to pay the costs associated with the repeated delivery of the goods or the costs associated with the alternative delivery method.

The buyer is required to properly accept the goods from the carrier, check that the packaging is intact and verify the number of packages; in the event of any defects, it is recommended to notify the carrier as soon as possible (we recommend doing so no later than the next business day after receiving the shipment). If the buyer discovers a defect in the goods after unpacking undamaged packaging, we recommend contacting the seller as soon as possible (ideally no later than the next business day after receiving the shipment). If the packaging is found to be damaged, indicating unauthorized access to the shipment, the buyer is not required to accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the packaging containing the goods was intact.

If the buyer fails to accept the delivered goods within 7 calendar days of being requested to do so in writing by the seller, the seller is entitled to withdraw from the purchase agreement. If, for reasons attributable to the buyer, the goods must be delivered repeatedly or by a method other than that specified in the order, the buyer is obligated to pay the costs associated with the repeated delivery of the goods or the costs associated with the alternative delivery method.

Additional rights and obligations of the parties regarding the transport of goods may be governed by the seller’s specific terms of delivery, if issued by the seller.

7. Rights arising from defective performance, complaints

The seller is liable to the buyer for ensuring that the goods are in compliance with the purchase agreement and free from defects at the time of delivery to the buyer. In particular, the Seller is liable to the Buyer to ensure that the item corresponds to the agreed description, type, and quantity, as well as quality, functionality, compatibility, and other agreed characteristics, and is suitable for the purpose for which the Buyer requires it and to which the Seller has agreed. The seller is liable to the buyer that, in addition to the agreed characteristics
a) the item is suitable for the purpose for which items of this type are usually used, also with regard to the rights of third parties and legal regulations,
b) the item, in terms of quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, corresponds to the usual characteristics of items of the same type that the buyer can reasonably expect,
c) it is delivered with accessories, including packaging.

The foregoing shall not apply if the seller specifically informed the buyer prior to the conclusion of the contract that a certain characteristic of the item differs, and the buyer expressly agreed to this at the time the contract was concluded.

The rights and obligations of the contracting parties regarding claims arising from defective performance are governed by the relevant generally applicable legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, and, in relation to consumers, Act No. 634/1992 Coll., on Consumer Protection, as amended.

The buyer may report a defect that becomes apparent within two years of taking delivery of the item. If a defect becomes apparent within one year of taking delivery, the item is presumed to have been defective at the time of delivery, unless the nature of the item or the defect precludes this. This period is suspended for as long as the buyer is unable to use the item, provided that the buyer has reported the defect justifiably.

If the goods are defective, the buyer may demand that the defect be remedied. At their discretion, they may request delivery of new goods free of defects or repair of the goods, unless the chosen method of remedying the defect is impossible or, compared to the other option, unreasonably costly; this shall be assessed in particular with regard to the significance of the defect, the value the goods would have if free of defects, and whether the defect can be remedied by another method without significant inconvenience to the buyer.

If the buyer exercises the right to have the defect remedied by repair, the buyer is entitled to have the defect remedied free of charge, in a timely manner, and properly. The seller is obligated to remedy the reported defect without undue delay, but no later than 30 calendar days from the date the claim was filed, and to inform the buyer of the resolution of the claim within the same period. Remediable defects are those that can be remedied by repair without compromising the appearance, function, or quality of the product.

Unless it would be unreasonable given the nature of the defect, the customer may request a replacement. If a replacement is not possible, the customer may cancel the contract or request a reasonable price reduction.

In the case of a removable defect, the customer has the right to have the goods replaced or to withdraw from the contract if the customer cannot properly use the goods due to the recurrence of a removable defect after repair or due to a greater number of removable defects. A defect is considered to have recurred after repair if the same defect, which has already been repaired at least twice during the warranty period, occurs a third time. Goods are considered to have a significant number of defects if they have at least three removable defects at the time the complaint is filed.In the case of a removable defect, the Buyer has the right to exchange the goods or, in the event of a material breach of contract, to withdraw from the purchase contract, provided that the complaint was not resolved within 30 calendar days from the date of its filing and the Buyer was not informed of its resolution, and no other agreement regarding the timeframe for resolving the complaint was reached.

The buyer may request a reasonable price reduction or withdraw from the contract if
a) the seller has refused to remedy the defect or has failed to remedy it in accordance with the preceding paragraphs;
b) the defect recurs;
c) if the defect constitutes a material breach of the contract;
d) if it is evident from the seller’s statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.

A reasonable discount shall be determined as the difference between the value of the item without defects and the defective item received by the buyer.

The buyer may not rescind the contract if the defect in the item is minor. It is presumed (unless proven otherwise) that the defect is not minor.

An irreparable defect is a defect that cannot be remedied or whose remedy is not practical, taking into account all relevant circumstances.

If the defect is irreparable and prevents the goods from being used properly as goods without defects, the customer has the right to:

a) request a replacement of the goods with a flawless item, or
b) withdraw from the purchase agreement,

If the nature of the irreparable defect does not prevent the proper use of the goods and the customer does not request a replacement, the customer is entitled to a reasonable discount on the purchase price or may withdraw from the contract.

If the defect is irreparable and prevents the item from being used properly as a defect-free product, the buyer has the right, unless otherwise provided by law, to request that the product be replaced with a new one or to withdraw from the purchase agreement.

A reasonable discount shall be determined as the difference between the value of the goods without defects and the defective goods received by the buyer.

If the buyer discovers defects in the goods upon receipt, they are required to notify the seller of such defects without undue delay after becoming aware of them. A complaint must be filed without undue delay as soon as the defect is discovered. Any delay resulting from continued use of the goods may cause the defect to worsen, degrade the goods, and may be grounds for rejecting the complaint. Complaints may be submitted by phone, email, mail, or other means to the address or contact information of the business (headquarters).

When filing a complaint, you must provide the goods in their complete condition; we also recommend that you include the delivery date, product name, quantity being complained about, a description of the defect, and your proposed resolution. The seller is required to respond to the complaint immediately; in complex cases, within three business days. The complaint will be resolved without undue delay, no later than 30 days from the date the complaint was filed. The seller must inform the buyer of the resolution of the complaint within the same timeframe.

Unless another person has been designated to perform the repair, the seller is required to accept the complaint at its place of business. Upon filing a complaint, the seller is required to provide the buyer with a written confirmation stating the date the buyer filed the complaint, the nature of the complaint, the method of resolution requested by the buyer, and the buyer’s contact information for the purpose of providing updates on the resolution of the complaint. This obligation also applies to other persons designated to perform the repair.

The buyer has the right to reimbursement of reasonable costs incurred in connection with the assertion of a justified complaint.

Once the complaint has been resolved, the buyer is required to take delivery of the item without undue delay, no later than 30 days from the date on which they were notified of the resolution.

If a Buyer who is in default of accepting the item for sale requests that it be reshipped, the Seller is obligated to ship the item to the Buyer only on the condition that the Buyer pays in advance all costs associated with such shipment.

The legal framework for the out-of-court resolution of consumer disputes is set forth primarily in the provisions of Section 20d et seq. of the Consumer Protection Act.

The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn, or partially used, the Seller is entitled to claim compensation from the Buyer for any resulting damages. The Buyer may exercise their rights arising from the Seller’s liability for defects, including the Seller’s warranty liability, by contacting the Seller at the address of their place of business at Na Zatlance 1151/8 or via email at info@yogamovement.cz

The moment of filing a complaint is considered to be the moment when the seller receives the goods subject to complaint from the buyer.

8. Order cancellation

Order cancellation is possible based on agreement between the seller and the buyer.

If the buyer decides to cancel the purchase of the goods (before the seller hands them over to the carrier), the buyer must immediately notify the seller of this by phone or email.

9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

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

The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1820 of the Civil Code.

10. PROTECTION OF PERSONAL DATA

The Seller hereby declares that the protection of the personal data of the Buyer, who is a natural person, is provided by the Seller in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – GDPR), and in accordance with other applicable legal regulations. Detailed information regarding the Seller’s processing and protection of the Buyer’s personal data is available here.

The Buyer acknowledges that they are required to provide their personal information (during registration, in their user account, and when placing an order via the store’s website) accurately and truthfully, and to notify the Seller of any changes to their personal information without undue delay.

The buyer agrees that the personal data provided is accurate and that it has been provided voluntarily.

11. DELIVERY

Unless otherwise agreed or unless another form is permitted by law, all correspondence relating to the purchase agreement must be delivered to the other party in writing, either by email, in person, or by registered mail through a postal service provider (at the sender’s discretion). Delivery to the Buyer is made to the email address specified in their user account.

12. FINAL PROVISIONS

These Terms and Conditions apply in the version posted on the Seller’s website on the date the electronic order is submitted, unless otherwise agreed in writing between the parties. In the case of an ongoing contractual relationship (if a framework purchase agreement has been concluded in writing) with the buyer, the buyer has the right to withdraw from the contract if a material change in the terms and conditions occurs after the contract is signed. If the buyer submits an order after the date on which the change in terms and conditions occurred, it is deemed that the buyer agrees to the change.

The withdrawal is effective upon delivery to the seller, but does not apply to shipments already handed over to the carrier.

By submitting an electronic order, the buyer unconditionally accepts all provisions of the Terms and Conditions as in effect on the date the order is submitted, as well as the price of the ordered goods (including any shipping and handling costs) listed in the price list on the website as of the date the order is submitted, unless otherwise demonstrably agreed upon in a specific case. The Seller shall send the Terms and Conditions to the Buyer’s contact email address immediately upon conclusion of the purchase agreement. Once an order is submitted, the Buyer is irrevocably bound by it for the period specified for delivery of the goods.

The participants expressly agree that, unless expressly stipulated otherwise in the terms and conditions, their rights and obligations shall be governed by Act No.

89/2012 Coll.

Individual purchase agreements are stored by the seller in electronic form. The buyer will receive a copy of the purchase agreement to which they are a party without undue delay after the agreement is concluded, sent to the email address they provided. Furthermore, the buyer will receive the seller’s terms and conditions at this email address within the same timeframe. Additionally, the seller will provide the buyer with the full text of the purchase agreement, including the terms and conditions, upon request.

If a relationship arising from the use of this website or a legal relationship based on a sales contract involves an international (foreign) element, the parties agree that such relationship shall be governed by Czech law, excluding conflict-of-laws rules. The Seller is authorized to sell goods pursuant to a trade license, and the Seller’s activities are not subject to any other licensing requirements.

The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions.

In the event that a consumer dispute arises between the operator and the client that cannot be resolved by mutual agreement, the client may file a request for out-of-court resolution of such a dispute with the designated entity for out-of-court resolution of consumer disputes, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 44, 110 00 Prague 1, email: adr@coi.cz, website: adr.coi.cz.

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