Terms and Conditions

Terms and Conditions

• These terms and conditions (hereinafter referred to as "TC") regulate the rights and obligations of the participants of a purchase agreement concluded remotely through the internet portal www.musclebody.es and its other language mutations in languages (SK/CZ/PL/HU/DE/UK/ES) between the seller (MuscleBodyHome LTD , Souvenir 27, Seychely) and the buyer. For MuscleBodyHome LTD , Souvenir 27, Seychely), which serves to provide services and deliver goods to the end customer, further provides transportation to the end customer, communication with customers, advice within the purchased products, and handles complaints within orders. Musclebody.es - the organizational unit does not sell any goods or services to the end customer! It serves for the purposes of quick communication - by email, telephone, or through social networks.
• The rights and obligations of the participants of the purchase agreement are governed by the legal regulation of the purchase agreement according to the provisions of § 588 et seq. in conjunction with the provisions of § 612 et seq. of Act No. 40/1964 Coll., the Civil Code (hereinafter referred to as the "CC").
• The buyer means a registered natural or legal person in the system who has sent an electronic order after their own authorization, processed by the system www.musclebody.es.
• An electronic order means a submitted electronic form containing information about the buyer, a list of ordered goods from the electronic store's offer, and the price of this goods, processed by the trading system or an email sent to the seller's address.
• MuscleBodyHome LTD , Souvenir 27, Seychely
• As part of the heureka.sk/cz service, we sell your basic and necessary company data to Heureka based on the Verified by Customers service.
• We determine your satisfaction with the purchase through email questionnaires as part of the Verified by Customers program, in which our e-shop is involved. We send these to you every time you make a purchase from us unless, in accordance with § § 62 of Act no. 351/2011 Coll. on electronic communications, as amended, you refuse to receive electronic mail for direct marketing purposes. Processing personal data for the purpose of sending questionnaires within the Verified by Customers program is carried out based on our legitimate interest, which consists of determining your satisfaction with your purchase from us. For sending questionnaires, evaluating your feedback, and analyzing our market position, we use a processing intermediary, which is the operator of the Heureka.sk portal for these purposes, we may provide information about the purchased goods and your email address. Your personal data is not provided to any third party for its own purposes when sending email questionnaires. You can object to receiving email questionnaires as part of the Verified by Customers program at any time by refusing further questionnaires via the link in the email with the questionnaire. In the event of your objection, we will no longer send you questionnaires.

Order

• The validity of an electronic order is conditioned by the truthful and complete completion of all data and requirements requested by the registration form, including telephone contact and email.
• All received electronic orders are considered as a proposal of a contract and are binding.
• A purchase contract, on the basis of which the sale of goods by the seller to the buyer is carried out, arises on the basis of the binding confirmation of the order in the system. An order confirmed by the seller via email (or its part) is considered binding for both parties, if there is no breach of the conditions agreed at the time of confirmation, and at that moment, a relationship between the buyer and the seller arises.
• The essential conditions are mainly the determination of the buyer, the content of the order (exact specification of the goods and their quantity), the price for the goods and transportation, the method of delivery, and the method of payment for the goods.
• The buyer will be regularly informed about the order status by email. The seller may contact the buyer by telephone for the purpose of confirming the order.

By confirming the order, the buyer declares that they are over 18 years old!

Order Cancellation

• The buyer has the right to cancel the order via email without giving a reason within 24 hours of its submission. After the binding confirmation of the order, only in case the seller fails to meet the agreed delivery conditions or by agreement with the seller. In case of canceling a confirmed order, the buyer is obliged to compensate the seller for the damage caused by this action. The seller will assert the right to compensation for damages mainly in the case of the purchase of goods "on order," which was necessary to obtain at the buyer's request, or if, in connection with the procurement of the goods, demonstrable costs have already been incurred. The cancellation fee may be up to 75% of the total price of the goods.
• The seller reserves the right to cancel the order or part of it in the following cases:

1. in the case of a cash-on-delivery order, the order could not be confirmed (incorrect telephone number, unavailable, no response to emails, incorrect contact address, etc.),
2. if the buyer has not previously taken delivery of the goods or has otherwise violated the terms and conditions of the sale,
3. the goods are no longer manufactured or supplied, or the supplier's price of the goods has significantly changed.
4. In the event that any of the above situations occur, the seller will immediately contact the buyer to agree on further action. If the buyer has paid all or part of the purchase price, this amount will be refunded to them within 15 calendar days to their account or address.

Withdrawal from the Purchase Agreement

• 1. In accordance with Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a contract concluded at a distance or a contract concluded outside the premises of the seller and on amending and supplementing certain laws (hereinafter referred to as the "Consumer Protection Act"), the buyer has the right to withdraw from the purchase contract within 14 working days from the receipt of the goods. If this right is exercised, the buyer is obliged to comply with the conditions and procedures specified in point 2 of the TC.
• 2. Since the contract is canceled from the beginning in case of withdrawal, the supplier returns or replaces the goods to the buyer and the buyer returns to the supplier all mutually accepted performances. If the buyer decides to withdraw from the contract within the period specified in point 1, they are obliged to comply with the following conditions:

Contact the seller with a request to withdraw from the contract and return the goods (you can use the template withdrawal form available on the Internet) without undue delay, no later than 14 days from the date of delivery of the goods. The buyer can send the goods to the address of the seller MuscleBodyHome LTD , Souvenir 27, Seychely. The goods should be returned undamaged and, if possible, in the original packaging together with a copy of the delivery note and invoice. The buyer will bear the direct cost of returning the goods. The seller is not responsible for any damage to the goods caused by its improper packaging or by a third party during transport.

• 3. If the buyer withdraws from the purchase contract within the period specified in point 1, the seller returns the funds received from the buyer within 15 calendar days from the date of delivery of the withdrawal from the contract to the seller. 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 proves that they sent the goods to the seller.

Personal Data Protection

• The seller declares that all personal data provided by the buyer when ordering goods will be used only for the purpose of fulfilling the order and will not be disclosed to third parties.
• These personal data will be handled in accordance with Act No. 122/2013 Coll. on the protection of personal data, as amended.

Other Rights and Obligations of the Contracting Parties

• 1. The buyer acquires ownership of the goods by paying the full purchase price of the goods, including the price of transportation.
• 2. The buyer acknowledges that the seller is not responsible for any damage to health caused by the improper use of the purchased goods.
• 3. The buyer is obliged to take over the ordered goods, in particular, to check their condition and completeness, and in case of defects, they are obliged to inform the seller without undue delay.
• 4. The buyer is not entitled to sell the purchased goods without the seller's consent.

Final Provisions

• 1. By submitting an electronic order, the buyer accepts all provisions of these TC in the version valid at the time of sending the order, and the purchase price of the ordered goods specified in the confirmed order, unless the buyer and the seller agree otherwise in writing.
• 2. Relations not regulated by these TC are governed by the provisions of Act No. 40/1964 Coll., the Civil Code, Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services under a contract concluded at a distance or a contract concluded outside the premises of the seller and on amending and supplementing certain laws, and Act No. 122/2013 Coll. on the protection of personal data, as amended, and other related legal regulations.
• 3. The seller reserves the right to change these TC without prior notice to the buyer. The change of these TC does not affect the rights and obligations arising during the validity of the previous version of the TC.
• 4. These TC are valid and effective from January 1, 2021.