Terms and Conditions

TERMS AND CONDITIONS

commercial companies

Born To Swim s.r.o.

with registered office at Hudcova 504/70a, 621 00 Brno – Medlánky

identification number: 041 92 761

registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 88719

for the sale of goods via the online shop located at www.borntoswim.com

1. INTRODUCTORY PROVISIONS
   1. The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.
   2. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.
   3. The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are in Czech language. The purchase contract can be concluded in Czech.
   4. 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 validity of the previous version of the Terms and Conditions.
   5. These Terms and Conditions (hereinafter referred to as “terms and conditions“) of Born To Swim s.r.o., with registered office at Hudcova 504/70a, 621 00 Brno – Medlánky, identification number: 04192761, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 88719 (hereinafter referred to as “Seller“) are regulated in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “Civil Code“) the mutual rights and obligations of the parties arising in connection with or under the Purchase Agreement (hereinafter referred to as “Purchase contract“) concluded between the seller and another natural person (hereinafter referred to as “buyer“) via the Seller’s online shop. The online shop is operated by the Seller on the website located at www.borntoswim.com (hereinafter referred to as the “Website“), through the interface of the Website (hereinafter referred to as the “Shop Web Interface“).
2. USER ACCOUNT
   1. Based on the buyer’s registration made on the website, the buyer can access their user interface. The buyer can order goods from his/her user interface (hereinafter referred to as “user account“). If the web interface of the shop allows it, the buyer can also order goods without registration directly from the web interface of the shop.
   2. When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the data in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
   3. Access to the user account is secured with a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his/her user account.
   4. The buyer is not entitled to allow third parties to use the user account.
   5. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 12 months or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
   6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or. necessary maintenance of third party hardware and software.
3. CONCLUSION OF THE PURCHASE CONTRACT
   1. All presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732 para. 2 of the Civil Code shall not apply.
   2. The web interface of the shop contains information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not restrict the seller’s ability to conclude the purchase contract on individually agreed terms.
   3. The web interface of the shop also contains information on the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic.
   4. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains information about:
   5. ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),
   6. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
   7. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order“).
   8. Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the order, including with regard to the Buyer’s ability to detect and correct errors arising from the data entered into the order. The buyer sends the order to the seller by clicking on the “BUY” button. The information provided in the order is considered correct by the seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by e-mail to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s e-mail address“).
   9. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).
   10. 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 electronic mail address.
   11. The buyer agrees to the use of remote communication means in concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
   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 to the Seller in the following ways:
   2. in cash at the seller’s premises at Hudcova 504/70a, 621 00 Brno-Medlánky;
   3. in cash on delivery at the place specified by the buyer in the order;
   4. by wire transfer to the seller’s account no. 2200820264/2010, maintained with FIO Banka (hereinafter referred to as the “Seller’s account“);
   5. cashless via the GoPay payment system
   6. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the 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.
   7. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Art. 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
   8. In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of the conclusion of the purchase contract.
   9. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller’s account.
   10. The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.6), to demand payment of the full purchase price before the goods are sent to the Buyer. Section 2119 para. 1 of the Civil Code shall not apply.
   11. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
   12. If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer in respect of payments made under the Purchase Agreement. The seller is a payer of value added tax. The tax document – invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer’s electronic address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
   1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract for the supply of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person, a contract for the supply of perishable goods, as well as goods that are perishable, cannot be withdrawn from, among other things, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract 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 a contract for the supply of a sound or visual recording or a computer program if the consumer has damaged the original packaging.
   2. If the case is not one referred to in Art. 5.1 or in any other case where the purchase contract cannot be withdrawn from, the buyer shall, in accordance with the provisions of § 1829 par. 1 of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. The buyer may send the withdrawal from the purchase contract to, among others, the seller’s business address or to the seller’s electronic mail address office@borntoswim.cz
   3. In the event of withdrawal from the purchase contract pursuant to Art. 5.2 of the Terms and Conditions, the Purchase Contract is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract. 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 due to their nature by the usual postal route.
   4. In the event of withdrawal from the contract pursuant to Art. 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Agreement in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer when returning the goods by the Buyer or in another way, if the Buyer agrees to this and does not incur additional costs to 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 to him or proves that he has sent the goods to the seller.
   5. The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.
   6. The seller is entitled to withdraw from the purchase contract at any time until the goods are accepted by the buyer. In this case, the Seller shall refund the Purchase Price to the Buyer without undue delay, without cash to the account designated by the Buyer.
   7. If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the buyer shall be obliged to return the gift together with the goods to the seller.
6. TRANSPORT AND DELIVERY OF GOODS
   1. In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
   2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.
   3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. the costs of other delivery methods.
   4. Upon receipt of 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 immediately notify the carrier. In the event of a breach of packaging indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier.
   5. Further rights and obligations of the parties in the carriage of the goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
   1. The rights and obligations of the contracting parties with respect to rights arising from defective performance are governed by the relevant generally binding legal provisions (in particular, Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
   2. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:
   3. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
   4. the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,
   5. the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
   6. the goods are in the appropriate quantity, measure or weight; and
   7. the goods meet the requirements of the legislation.
   8. The provisions referred to in Art. 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of used goods to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods.
   9. If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt.
   10. The buyer claims the rights from the defective performance at the seller’s address of the seller’s establishment, where the acceptance of the claim is possible with regard to the range of goods sold, possibly also at the registered office or place of business. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
   11. Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint rules.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
   1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
   2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 para. 1 lit. (e) of the Civil Code.
   3. Out-of-court handling of consumer complaints is provided by the Seller through the electronic address office@borntoswim.cz The Seller sends information about the handling of the Buyer’s complaint to the Buyer’s electronic address.
   4. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
   5. The buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765 para. 2 of the Civil Code.
9. SUBMISSION
   1. The Buyer may be served at the Buyer’s electronic address.
10. FINAL PROVISIONS
    1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.
    2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
    3. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
    4. A sample form for withdrawal from the purchase contract is attached to the terms and conditions.
    5. Seller’s contact details: delivery address Hudcova 504/70a, 621 00 Brno- Medlánky, e-mail address
       office@borntoswim.cz
       , phone +420 775 090 379.

In Brno on 1.1.2021