Swimaholic s.r.o, a limited liability company, incorporated under the laws of Czech Republic, registered under the number: 05645760 at Commercial Register in Prague, with its Registered Office and Head Office at: U Průhonu 17, Prague 7, hereinafter acting through its duly authorized representative Vojtěch Krapítek, acting in his capacity as Managing Director.
Activity: Sales of goods via internet store available at www.swimaholic.eu.
1.1. Capitalized terms used in these General Terms and Conditions of Sales shall deem to have the following meaning:
“Buyer” means any natural person purchasing a Product via the internet store of the Vendor located at www.swimaholic.eu and/or any individual who places an Order through the Website.
“Civil Code” means the Czech Civil Code no. 89/2012 Coll.
“Order” means the purchase order and its amendments thereto for the supply of Products placed by the Buyer and/or any written agreement of the Parties for the supply of Products as the case may be.
“Parties” means the Vendor and the Buyer and "Party" shall be construed accordingly.
„Personal Data“ means the name, surname, address, identification number, tax identification number, email address, telephone number and date of birth of the Buyer and will have the meaning as set out in the European Directives relating to the protection of Personal Data, such as the Directive 95/46/ EC, the Directive 2002/21/EC and the Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002.
“Product” means any product available for sale on the Website which shall be delivered by the Vendor to the Buyer pursuant to these Terms and Conditions.
“Sales contract” means the agreement between the Vendor and the Buyer for the supply of the Products in accordance with these Terms and Conditions.
“Terms and Conditions“ means the terms and conditions as set out in the present document as amended from time to time by the Vendor, together with all its annexes and all the documents referenced in the present document.
“User account” means the personal online account of the Buyer which enables the Buyer to use the Website and to place Orders for the Products.
“Website” means the website owned and operated by Swimaholic s.r.o located at www.swimaholic.eu.
2.1. In accordance with the provisions of article 1751, paragraph 1 of the Civil Code, the present Terms and Conditions shall apply to all rights and obligations of the Parties arising under and/or in connection with the Sales Contract concluded between the Vendor and the Buyer and/or arising under and/or in connection with the use of the Website and/or arising under and/or in connection with the use of the internet store of the Vendor and/or arising under and/or in connection with the sales of the Products on the internet Website via the internet store of the Vendor. The internet store of the Vendor is operated and owned by the Vendor and located at the Website: www.swimaholic.eu.
2.2. The Buyer declares to have been made aware of the present Terms and Conditions and accepts and undertakes to respect the present Terms and Conditions. Any placing of an Order and/or a confirmation of an Order and/or the purchase of a Product and/or the purchase of services via the Website implies the complete and formal acceptance of these Terms and Conditions by the Buyer and is subject to these Terms and Conditions.
2.3. The applicability of the present Terms and Conditions is expressly excluded if the Buyer and/or if the person intending to purchase a Product via the Website is a legal entity and/or acts in the course of a trade, business or profession.
2.4. Any derogating provisions or any provisions amending the terms of the present Terms and Conditions may be agreed by the Parties in writing in a form of Sales Contract otherwise shall be null and void. These derogating provisions shall prevail over the present Terms and Conditions.
2.5. The present Terms and Conditions constitute an integral part of the Sales Contract. The Sales Contract and the present Terms and Conditions are drawn up in Czech language. The Parties agree that any Sales Contract concluded between the Parties may only be drafted in English language.
2.6. The Vendor reserves the right to amend, modify and/or alter these Terms and Conditions at its sole discretion at any time without prior notice. The new provisions shall be effective as of the date of publication on the Website. The provisions of this article shall not be prejudice to the rights and obligations already existing under the terms of validity of the previous general terms and conditions.
3.1. Before placing an Order on the Website, the Buyer may register in the section „Log in/Registration“ and create his User Account. The Buyer may place an Order without registration on the Website if the Website enables such behavior. The Buyer is bound by any order placed from his User Account.
3.2. The Buyer acknowledges and is solely responsible for ensuring that all the Personal Data and other information that the Buyer provides to the Vendor at the moment of registration into his User Account are true, complete and up-to-date. All the Personal Data and other information of the Buyer shall be considered as confidential information. The Buyer shall notify the Vendor in writing without any delay any change to its personal information or its Personal Data. The Parties agree that the Personal Data and the other information provided by the Buyer shall be presumed to be true and accurate.
3.3. Upon registration, the Buyer will receive a password from the Vendor to access his User Account. The username of the Buyer and the password shall be considered as confidential information and the Buyer undertakes to keep this information secret and secure and refrain from disclosing it to third parties. The Buyer accepts that his User Account is personal and may only be used by the Buyer.
3.4. The Vendor reserves the right to delete the User Account if the Buyer stays inactive for the period of 2 (two) years and/or if the Buyer does not comply with the provisions of the present Terms and Conditions and/or if the Buyer does not comply with the provisions of the Sales Contract and/or if the Buyer changes its operating system and renders it thus incompatible with the functioning of the Website.
3.5. The Buyer acknowledges and accepts that the functioning of the User Account may be interrupted during the maintenance of hardware and/or the software by the Vendor or by third Parties.
3.6. Under no circumstance shall the Vendor be liable for the proper functioning of the User Account. It is expressly agreed by the Parties that the Vendor may edit the functioning of the User Account without prior notification.
3.7. The Vendor reserves the right to delete an order on which were used more than one discount vouchers.
3.8. The Vendor reserves the right to delete an order on goods, that is sold for less then 10% of usual price or less then 1 EUR (shipping cost is not considered as price of the goods).
4.1. The Buyer acknowledges and accepts that the design and the graphic presentation of the Website, any databases and/or any elements published on the Website can be protected by the intellectual property rights law. The Buyer acknowledges and accepts that the right to use the Website is strictly limited to the viewing and/or the impression of the information available on the Website for his personal use. The Buyer shall not be entitled to any rights other than those expressly stated herein to the here-above mentioned elements.
5.1. The Buyer acknowledges and accepts that the presentation of the Products on the Website serves for information purposes only. The Buyer shall not be subject to any obligations of purchase. The provisions of the article 1732 paragraph 2 of Civil Code shall not apply. Any photographs and/or illustration of the Products featured on the Website do not have a contractual value.
5.2. The Website contains information relating to the Products, the Prices and the shipping and packaging costs, in particular if the Product ordered cannot be, due to its nature, returned by common and generally accepted type of delivery.
5.3. The shipping and packaging costs are subject to the terms as provided on the Website.
5.4. In order to purchase a Product, the Buyer selects the Product of his choice and adds the item to his online shopping basket available on the Website by clicking on “add to the cart”. Once the Product is added, the Buyer must place an Order on the Website by filling in the information relating to:
5.4.1. the Product ordered,
5.4.2. the means of payment,
5.4.3. the delivery terms and shipping costs.
5.5. Once the Order is filled in, the Buyer shall submit it to the Vendor by clicking on the button „Confirm the Order“. All the information provided by the Buyer is presumed to be complete and correct. Upon receiving the Order, the Vendor will transfer to the Buyer the confirmation of the Order using the email address provided by the Buyer in the Order and/or in the User Account. This Order confirmation is a mere acknowledgement that the Vendor received the Order, but it does not confirm the acceptance of the Buyer´s offer to buy the Product. The Vendor shall have the right to refuse the Order at any time until the moment when the Products corresponding to the Order have been dispatched. The contractual relationship between the Buyer and the Vendor shall be constituted only once the Vendor dispatches the Order.
5.6. Depending, in particular on the quantity of the Products, the Price or the shipping costs, the Vendor reserves the right to require additional confirmation of the Order by the Buyer in writing or by telephone.
5.7. The purchase of the Products by the Buyer shall be subject to the restrictions associated with the nature of the product.
5.8. The Buyer acknowledges and accepts the risks inherent in the means of distant communication. Any fees associated with the use of the means of distant communication, such as internet connection, telephone fees, shall be borne exclusively by the Buyer and shall be calculated on the basis of standard fees. The Parties agree that any communication by electronic means by the Vendor is presumed to constitute a written communication as the legal dispositions may require.
5.9. The Vendor declaims all responsibility for removing any Product from the Website and/or editing any content of the Website at any time and/or in the event that the Vendor refuses to process any Order.
5.10. Seller reserves the right to cancel all orders, which have more coupons than one applied, or if there is more than 20% discount on already discounted items.
6.1. All Prices of the Products are inclusive of VAT tax (Value-Added Tax) but exclusive of the shipping costs. The Prices of the Products shall only be valid for the period when being displayed on the Website. The Parties may agree on the conditions derogating from this article.
6.2. The Buyer shall pay to the Vendor the Price of the Product ordered together with the shipping costs in the amount as agreed upon by the Parties subject to the conditions as described herein.
6.3. The Vendor accepts the following methods of payment of the Price and associated shipping costs:
6.3.1. in cash
126.96.36.199. at the establishment of the Vendor on the address: U Průhonu 17, Prague 7;
188.8.131.52. at the sales point as indicated in the Order;
6.3.2. by electronic means
184.108.40.206. by bank transfer
Variable symbol: Your Order Number;
220.127.116.11. by PayPal;
18.104.22.168. by credit card.
6.4. The Vendor shall have the right to modify the Prices of the Products and shipping costs at any time and without prior notice. The Buyer shall be charged with the Price of the Product and associated shipping costs displayed on the Website at the time that the Order was confirmed provided that the Products were available at this time.
6.5. The Parties agree that an advance on payment will not be required from the Buyer without prejudice to the provisions of the article 6.9 of the Terms and Conditions relating to the obligation of the Buyer to pay the Price of the Products in advance and unless expressly stated otherwise in the present Terms and Conditions.
6.6. If the Buyer
6.7. If the Buyer chooses to pay the Price by electronic means, the Buyer shall indicate the variable symbol of payment as stated herein. The payment becomes effective and complete and the Order will be processed upon receiving by the Vendor of all the sums relating to the Product, such as the Price of the Product and the associated shipping costs.
6.8. The Vendor shall retain the title to the Products until receiving the complete and effective payment of the Products by the Buyer. If the payment is not received by the Vendor within 10 (ten) calendar days from the date when the Order is sent by the Buyer to the Vendor, the Vendor reserves the right to suspend or cancel the Order.
6.9. The Vendor reserves the right to require the payment of the Price of the Product in advance, in particular if the Buyer does not confirm the Order as provided for in the article 5.6 of the present Terms and Conditions. Any disposition derogating from this principle will not apply except as expressly stated otherwise in the legal mandatory overriding rules.
6.10. The Vendor grants to the Buyer, at his sole discretion, a reduction on the Price of the Product which may not be combined with another reduction granted by the Vendor.
6.11. According to the applicable laws and/or if it is common in the normal commercial practices, the Vendor will issue an invoice to the electronic address of the Buyer. The invoice will only be issued upon the integral payment of the Price of the Product. The Vendor is responsible for payment of the VAT tax (Value-Added Tax).
7.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the Purchase Contract regarding the supply of goods modified according to the desire of the Buyer or his/her person, from the Purchase Contract in the case of the delivery of goods subject to rapid perishing, which after delivery has been irreversibly mixed with other goods, from the Purchase Contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and for hygienic reasons cannot be returned and from the Purchase Contract for the delivery of an audio or video recording or a computer program whose original packaging has been damaged.
7.2. The Buyer cannot withdraw from the Purchase Contract on goods, whose limited chance to purchase has been won in a contest called "raffle" because the subject of the Contract is according to the Section 1840, letter c) of the Civil Code.
7.3. In case it is not referred to in Article VI.1. or VI.2. or in another case where the Buyer cannot withdraw from the Purchase Contract, the Buyer has the right to withdraw from the Purchase Contract in accordance with the provision of Section 1829, Paragraph 1 of the Civil Code within 14 (fourteen) days of receipt of the goods.
7.4. Along with the Article VI.3, the Seller also provides the Buyer a period for returning the goods in the form of withdrawing from the Purchase Contract (except for goods whose right to be returned is excluded) within fifteen (15) to thirty (30) days from the date of receipt of the goods.
7.5. If the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period runs from the date of the last delivery of the goods. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in in Articles VI.3 and VI.4. To withdraw from the Purchase Contract, the Buyer can use the form downloaded from HERE. The withdrawal from the Purchase Contract may be sent by the Buyer, inter alia, to the address of the Seller’s premises or to the Seller’s e-mail address firstname.lastname@example.org.
7.6. In case of withdrawal from the Purchase Contract according to Article VI.3 or VI.4 of the Terms and Conditions the Purchase Contract is canceled from the outset. The goods must be returned to the Seller within fourteen (14) days of the date of sending the contract withdrawal to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by their normal postal route.
7.7. In case of withdrawal from the Contract according to Article VI.3 of the Terms and Conditions, the Seller will reimburse the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Contract. In the case of cash on delivery, the funds will be returned to a bank account, in other cases it will be returned in the same manner as the Seller received it from the Buyer. The Seller is also entitled to return the payment provided by the Buyer already upon the return of the goods by the Buyer, or in another way, if the Buyer agrees to it and without incurring additional costs toward 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 or demonstrates that the goods have been sent to the Seller.
7.8. In case of withdrawal from the Contract according to Article VI.4 of the Terms and Conditions (contractual withdrawal), the Buyer is entitled to a refund in the amount of the purchase price (after deducting additional costs or claims of the Seller), only in a form of a store credit or a voucher in the amount of the purchase price of the returned goods that can be used for further purchases in-store or online of the Seller.
7.9. In case of withdrawal from the Contract according to Article VI.3 or VI.4 of the Terms and Conditions realized through a business place outside of the Czech Republic (contractual partner of the Seller), the Seller is not entitled to refund cash or issue a voucher (store credit). In such case, the Buyer is required to provide the Seller his bank account number (IBAN), to which the finances will be sent within 14 days. In case of receiving a voucher (store credit), the Buyer is required to provide a correspondence address or e-mail address to the Seller, to which the voucher will be sent within 14 days.
7.10. The Seller is entitled to offset the complaint about damages incurred on the goods against the demand of the Buyer for the return of the purchase price.
7.11. In cases where the Buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829, Paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer takes over the goods. In such a case, the Seller will return the purchase price without undue delay to the Buyer, to the account specified by the Buyer in the case of cash on delivery. In the case of advance payment, the Seller will return the purchase price in the same manner as it was received or to the Buyer’s bank account, depending on the Seller’s choice.
7.12. If a gift is provided to the Buyer along with the goods, the gift agreement between the Seller and the Buyer is concluded under the condition that if the Buyer withdraws from the purchase contract, the gift agreement is lost and the Buyer is obliged to return the goods along with the provided gift to the Seller.
7.13. The Seller reserves the right to cancel the order of goods for which multiple discount coupons have been applied instead of one, or if more than a 20% discount is applied to already discounted goods.
8.1. If the Buyer exercises his right to withdraw from the Sales Contract pursuant to the article 7.2 of these Terms and Conditions, the Sales Contract becomes null and void. The Products shall be returned by the Buyer to the Vendor within 14 (fourteen) calendar days after having informed the Vendor of the decision to withdraw from the Sales Contract. The 14-day period shall be considered to have been respected if the Buyer sends the Product back within 14 (fourteen) calendar days. The Buyer shall bear the costs associated with the return of the Products even if the Products cannot be returned by common and generally accepted type of delivery.
8.2. If the Buyer exercises the right of withdrawal pursuant to the article 7.4 of these Terms and Conditions, the Vendor shall reimburse all sums received from the Buyer relating to the Product no later than 14 (fourteen) calendar days after having been informed of the Buyer´s decision to withdraw from the Sales Contract. The Vendor undertakes to reimburse the Buyer by using the same method of payment as chosen during the initial transaction except as expressly stated otherwise hereinafter. If the Product was delivered at the sales point, the reimbursement by the Vendor shall be made by a bank transfer. If the Buyer agrees, the Vendor may reimburse the Buyer upon receiving the Product from the Buyer if no additional costs are incurred by such type of transaction.
8.3. The Vendor may withhold the reimbursement of the Buyer until he has received the Product affected by the right of withdrawal and/or until the Buyer has supplied an evidence of having sent back the Product affected by the right of withdrawal, unless expressly agreed otherwise by the Parties.
8.4. The Vendor reserves the right to offset the compensation claim relating to the prejudice caused by the Buyer on the Product against the claim for reimbursement of the Price of the Product affected by the right of withdrawal.
8.5. The Vendor shall have the right to withdraw from the Sales Contract in the cases as set out in the article 1829 paragraph 1 of Civil Code. This right can be exercised by the Vendor until the Buyer takes over the Products being delivered by the Vendor. If the payment of the Price of the Product was made by electronic means, the Vendor shall reimburse the Buyer without delay to the bank account of the Buyer. In case the payment was made by other means, the Vendor shall reimburse the Buyer, at the choice of the Vendor, in the same way as chosen for the initial transaction or to the bank account of the Buyer.
8.6. If the Vendor decides to offer a gift to the Buyer, a donation contract is deemed to have been concluded between the Parties with an expiry clause which applies in case of withdrawal from the Sales Contract by the Buyer. In the event of such withdrawal, the donation contract will become null and void and the Buyer undertakes to return the Product and the gift to the Vendor.
9.1. If the Buyer expressly chooses a certain type of delivery, although the Vendor had offered a common and generally acceptable type of delivery which would have incurred lower shipping costs, the Buyer shall bear the difference in the costs between these two types of delivery and the risk of loss of the Product shall be passed on to the Buyer.
9.2. If according to the Sales Contract, the place of delivery is chosen by the Buyer in the Order, the Buyer shall be bound to take over the Product upon delivery. If the Buyer fails to take over the Product, the Buyer shall pay 20 (twenty) Euros without prejudice to the damages which an injured party may claim and the Vendor shall have the right to terminate the Sales Contract. The Vendor also reserves the right to add the Buyer to the list of unreliable buyers (hereafter referred to as „blacklist“) which implies the obligation of the Buyers to pay the Price of the Product in advance by electronic means to the bank account of the Vendor.
9.3. If due to the exclusive fault of the Buyer, the Vendor needs to proceed to a repetitive delivery or different type of delivery than the one indicated in the Order, the Buyer shall bear the costs associated with such type of delivery.
9.4. The delivery of the Products may be subject to additional conditions if issued by the Vendor. Any other information relating to delivery of the Products is available on Payment and Delivery.
9.5. We deliver to all countries outside the European Union on a duty-free basis. This means, that the recipient will be liable for any local sales tax or import duties charged by the delivery courier. Rates and taxes are set by the target country. We cant be held responsible if the local customs authorities delay the process or want to seize any items or collect any import duties. The beneficiary is responsible for paying the tax. The duty is payable by the payee to the courier by credit card or in cash upon delivery of the shipment.
10.1. The Buyer acknowledges that the Products displayed on the Website may not correspondent exactly to the real Products in terms of image, dimension or color.
10.2. The rights and obligations of the Parties arising out or in connection with these Terms and Conditions are subject to mandatory overriding legal rules, in particular as provided in the articles 1914 to 1925, from 2099 to 2117 and from 2161 to 2174 of the Civil Code and the Code relating to consumer rights number 634/1992, as subsequently amended.
10.3. The Vendor warrants to the Buyer that the Products shall:
10.3.1. comply with the description given by the Vendor and any applicable specification and shall be free from defects and remain so for 24 months after the delivery;
10.3.2. comply with the description agreed by the Parties and if the Parties haven’t agreed on any description, the Product shall comply with the description given by the Vendor or by the Buyer or the description the Buyer reasonably could have expected for given the nature of the Product and the advertisement of the Product by the Vendor;
10.3.3. is fit for any particular purpose for which the Product of the same type is normally used or for the purpose indicated by the Vendor;
10.3.4. show the quality and the performance of the Product which the Vendor has held out to the Buyer as a sample or a model;
10.3.5. have the agreed quantity, the quality and the weight;
10.3.6. comply with all applicable statutory and regulatory requirements.
10.4. Upon delivery, the Buyer is solely responsible for verifying the packaging and shall report any defects on the delivery note to the carrier of the Products and the Vendor. In the event that the packaging is broken and/or the Product is damaged and/or the Product is defective, the Buyer has the right to refuse such defective Product. It is expressly agreed by the Parties that any later warranty claims shall not be taken into consideration by the Vendor.
10.5. The Vendor is responsible for the latent defects of the Product. The action resulting from latent defects must be brought by the Buyer within two (2) years from the discovery of the defect. In the event that the defect appears within 6 (six) months after the taking over of the Product by the Buyer, the Product shall be considered to have been defective at the time of taking over by the Buyer.
10.6. If the Vendor accepts the existence of the defect, the Vendor shall have the right, at its choice, either reimburse the Price of the Product or replace the defective Product. The Parties agree that no reimbursement will be made by the Vendor if the Product had been used or damaged by the Buyer. The proof of existence of the latent defect shall be brought by the Buyer except for the case as expressly stated herein.
10.7. The notification relating to the warranties shall be send by the Buyer to the relevant establishment of the Vendor provided the nature of the Product or the headquarters of the Vendor.
10.8. The Vendor disclaims all the responsibility for the defects apparent at the time of the taking over of the Product by the Buyer.
10.9. The warranty of the Vendor shall be excluded in cases of external damages of the Product or in cases of wrong use of the Product by the Buyer or in cases of non-conform use of the Product by the Buyer or in cases of a negligence of the Buyer or in cases of a wrong maintenance of the Product by the Buyer or in the event that the Price had already been reduced for the defective Product or in the event that the Price had already been reduced by the common agreement of the Parties and in cases of normal use of the Product by the Buyer.
10.10. Any other rights and obligations of the Parties relating to the warranty are provided in the warranty section of the Website.
11.1. In the event of strikes, difficulties or other events due to general or extraordinary conditions, which would influence the delivery of the Products, the Vendor shall be authorized to postpone or cancel the Orders. The Vendor shall not be liable for any events arising out of an event beyond its reasonable control.
12.1. The title to the Products shall be transferred to the Buyer upon the payment by the Buyer of the Price of the Product and associated shipping costs.
12.2. The Vendor informs the Buyer that the Vendor is not subject to a moral codex as set out in the article 1826 paragraph 1, letter e) of the Civil Code.
12.3. The authority competent for any out-of-court alternative dispute resolution relating to the consumer disputes and the monitoring of the compliance with the Consumer Code number 634/1992 relating to the consumer rights, as amended, is the Czech Trade Inspection with its headquarters at: Štěpánská 567/15, 120 00 Praha 2, Identification Number: 000 20 869, internet address: http://www.coi.cz.
12.4. The Vendor declares having obtained the company business license. The Trade Licensing Office will monitor the respect of the company business license. The Czech Data Protection authority will monitor the respect of the personal data.
12.5. The Vendor shall bear the risks as provided in the article 1765 paragraph 2 of the Civil Code.
13.1. The Buyer´s rights and obligations are provided for in the European Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals regarding the processing of personal data and on the free movement of such data and any national laws implementing these Directives. The Buyer gives his consent for collecting and/or processing and/or recording of his Personal Data by the Vendor, such as: name, surname, address, identification number, tax identification number, email address, telephone number and date of birth.
13.2. The Personal Data of the Buyer shall be collected and/or processed and/or recorded for the purposes of implementation of the rights and obligations arising out or in connection with these Terms and Conditions and/or the Sales Contract and/or the management of the User Account. If the Buyer does not object to the processing of its Personal Data by the Vendor, the Vendor shall have the right to collect and/or process and/or record the Personal Data for the purposes of addressing to the Buyer commercial communication and other information relating to the Products, the Site or the establishment of the Vendor. By using the Website, the B