Terms and Conditions

Terms and Conditions

• The TCs regulate the rights and obligations of participants in the purchase contract concluded remotely via the internet portal www.musclebody.sk and its other language versions in languages (SR/ CZ/ PL/ HU/ DE/ UK) between the seller (MUSCLEBODY LTD, 232 Forest Road, Walthamstow, United Kingdom, E17 6JG) and the buyer. For SR, MUSCLEBODY LTD, 232 Forest Road, Walthamstow, United Kingdom, E17 6JG) serves to provide services and deliver goods to the end customer, further ensures transport to the end customer, communication with customers, advice on purchased products, and handles complaints within orders. Musclebody.sk - the organizational unit does not sell any goods or services to the end customer! It serves for the purposes of rapid communication - by email, telephone, or through social networks.
• The rights and obligations of the participants of the purchase contract are governed by the legal regulation of the purchase contract according to the provision § 588 et seq. in connection with the provision § 612 et seq. of Act No. 40/1964 Coll., Civil Code (hereinafter referred to as “TCs”).
• The buyer is considered to be a natural or legal person registered in the system who has sent an electronic order after their own authorization, processed by the www.musclebody.sk system.
• An electronic order is considered to be an electronic form sent, containing information about the buyer, a list of ordered goods from the electronic store's offer, and the price of these goods, processed by the store's system or an email sent to the seller's address.
• MUSCLEBODY LTD, 232 Forest Road, Walthamstow, United Kingdom, E17 6JG
• As part of the service heureka.sk/cz, we sell your basic and necessary data to the company Heureka based on the Verified by Customers service.
• We measure your satisfaction with the purchase through email questionnaires within the Verified by Customers program, which our e-shop is involved in. We send them to you every time you shop with us, unless you refuse the sending of electronic mail for direct marketing purposes under § 62 of Act No. 351/2011 Coll., on electronic communications, as amended. The processing of personal data for the purpose of sending questionnaires within the Verified by Customers program is carried out based on our legitimate interest, which consists in determining your satisfaction with shopping with us. To send questionnaires, evaluate your feedback, and analyze our market position, we use a processing intermediary, which is the operator of the portal Heureka.sk, to whom we can pass information about the purchased goods and your email address for these purposes. Your personal data are not passed to any third party for its own purposes when sending email questionnaires. You can object to the sending of email questionnaires within the Verified by Customers program at any time by refusing further questionnaires using the link in the email with the questionnaire. If you object, we will not send you the questionnaire further.

Order

• The validity of an electronic order is conditioned by the truthful and complete filling of all data and formalities required by the registration form, including the telephone contact and email.
• All received electronic orders are considered as a proposal of contract and are binding.
• The purchase contract, on the basis of which the sale of goods by the seller to the buyer is carried out, arises based on 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 violation of conditions agreed at the time of confirmation, and at that time a relationship between the buyer and the seller is established.
• Significant conditions are considered mainly the determination of the buyer, content of the order (exact specification of goods and their quantity), price for the goods and transport, method of delivery, method of payment for the goods.
• The buyer will be regularly informed about the status of the order via email. The buyer may be contacted by the seller for the purpose of confirming the order by telephone.

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 dispatch. After the binding confirmation of the order only in case the seller does not fulfill the agreed conditions of delivery, or after agreement with the seller. In case of cancellation of a confirmed order, the buyer is obliged to compensate the seller for the damage caused by this action. The seller will exercise the right to compensation mainly in case of purchase of goods "on order", which had to be procured at the request of the buyer, or in case that in connection with securing 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 its part in these cases:

1. in case of cash on delivery order, the order could not be definitively confirmed (incorrectly provided phone number, unavailable, does not respond to emails, incorrectly stated contact address, etc.)
2. if the buyer has previously not taken over the goods or otherwise violated the terms and conditions,
3. the goods are no longer manufactured or supplied, or the supplier's price of the goods has changed significantly.
4. If any of the mentioned situations occur, the seller will immediately contact the buyer to agree on further action. If the buyer has paid part or the entire purchase price, this amount will be transferred back to his account or address within 15 calendar days.

Withdrawal from the Purchase Contract

• 1. The buyer has the right, 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 amendments to certain acts (hereinafter referred to as “consumer protection act”), to withdraw from the purchase contract within 14 working days from the receipt of goods. In case of exercising this right, the buyer is obliged to adhere to the conditions and procedure specified in point 2. TCs.
• 2. Since the contract is canceled from the beginning in case of withdrawal, the supplier must return or replace all mutually received performances to the buyer, and the buyer must return or replace them to the supplier. If the buyer decides to withdraw from the contract within the period mentioned in point 1., they must adhere to the following conditions:

contact the seller with a request to withdraw from the contract stating the order number, name and surname, date of purchase, and his account number or address for the return of money
if the buyer has already received and taken over the goods, he sends it back to our address stated in the contact section under the following conditions:
the goods must be in the original undamaged packaging (with undamaged protective foil)
the goods must not be used
the goods must be undamaged
the goods must be complete (including gifts, shakers, etc.)
send it along with the proof of purchase – delivery note / proforma invoice / invoice

• If the conditions mentioned in point 2. are met, the seller will transfer the money for the goods to the buyer's account, no later than 14 working days after physically receiving the goods.
• The goods must be sent registered and insured, as the seller does not guarantee for its possible loss.
• The buyer does not have the right to withdraw from the contract in accordance with § 7 para. 6 letter e) of the consumer protection act (sale of goods in protective packaging, which is not suitable to be returned for reasons of health protection or hygiene and whose protective packaging was damaged after delivery).
• The buyer bears the costs of returning the goods!
• The buyer bears any decrease in the value of goods caused by their use beyond what is necessary to ascertain the functionality and characteristics of the goods.

Price Conditions

The price of products represents the final price, as we are not VAT payers. The prices of postage and handling are stated in the section Transport.

Transport

• Transport for the territory of SR is provided by contractual couriers of Slovak Post.
• Transport for the U.K., all EU member countries, and countries outside the EU is provided by the courier company Packeta / DPD / GLS.
• Transport for deliveries to the territory of EU member states, or other states is set individually, based on the weight of the package.
• The price of postage for SR is 3.9e for orders up to 90e, above 90e postage is free.
• The seller may send the goods that are immediately available to the buyer and deliver the rest of the order additionally within the statutory period, provided that the buyer will not be charged any additional postage, other than what was included in the order.

Delivery of Goods

• Deliveries of the subject of performance (ordered goods) will be dispatched in the shortest possible term according to the availability of products and operational possibilities of the seller.
• Orders received during the working day until 14:00 will be dispatched on the same working day. Orders received after 14:00 will be dispatched the next working day. Orders are not dispatched during weekends and holidays.
• Each customer is informed about all changes in the order status by email. The order status can be checked after logging in to the system.
• Goods are delivered through courier service to the address provided by the buyer in the order. The package with goods always contains a delivery note. The invoice will be sent by email upon request.
• Upon receipt of the package, the recipient - customer is obliged to visually check the condition of products (gifts and other promotional items are not subject to complaint), their packaging, integrity of the lid, or other damages within 7 calendar days from receipt of the package! No complaints will be accepted from the recipient - customer after the expiration of 7 calendar days from the day of receipt of the package!
• The ownership right to the products passes to the buyer upon their receipt and payment of the full purchase price.
• We deliver goods within EU member countries as well as to other countries outside the EU. For countries outside EU member states, all shipments are subject to customs declaration.

Payment Options

• Payment for the goods can be made in the following ways:

Cash on delivery - this service is available only for SR customers!
You pay the order amount directly to the courier, upon delivery of the order.
Payment card.
It is one of the secure forms of payment, taking a few seconds, while it is necessary to fill in the card number, the expiration time of the card, and the CVV code. The goods are shipped immediately after receiving the payment.
Transfer to a bank account.
You send money for the order to our bank account as soon as possible after creating the order. The goods are shipped immediately after receiving the payment. The payment must be credited to our bank account within 7 (seven) working days! Otherwise, the seller has the right to withdraw from the purchase contract.

Responsibility for Errors on the Site www.musclebody.sk

• The seller warns that the information provided on www.musclebody.sk is partially taken from third parties, may contain inaccuracies, and may be updated without prior notice.
• The seller may at any time without prior notice change the products and services described on its pages and does not guarantee the material accuracy of their content.
• The seller is not responsible to any party for direct, indirect, or special damages caused by the use of information from its own or linked websites.
• The seller reserves the right to change and supplement these TCs and complaint conditions even without prior notice to the buyer. In case of change of TCs or complaint conditions, the entire purchase process is governed by those TCs that were valid at the moment of sending the order by the buyer and these are accessible on the seller's website.

Personal Data Protection

• The seller, when collecting personal data, follows Act No. 122/2013 Coll., on personal data protection and on amendments to certain acts (hereinafter referred to as “act”) in information systems. The seller respects the privacy of the buyer. Provided personal data are protected against misuse and will never be provided to a third party.
• By using this online store, the buyer agrees to the collection and use of information about the buyer and his purchases under the conditions set above. By registering the buyer, the buyer automatically agrees that you may be informed about the news of the online store by email or telephone. If you no longer wish to receive this information, you have the option to stop sending them at any time via email.
• The seller reserves the right to withdraw from the guarantee of security in case of attack on the server by an unknown perpetrator (hacker). Only in such case, the above-mentioned rules of data manipulation do not apply.

Final Provisions

• These general terms and conditions apply as stated on the operator's website on the day of sending the electronic order, unless expressly agreed otherwise between both parties.
• By sending an electronic order, the buyer unreservedly accepts all provisions of the " terms and conditions" as valid on the day of sending this order.
• The buyer declares that they have acquainted themselves with these general terms and conditions before filling out the order and that they agree with them. Regardless of other provisions of the contract, the seller is not liable to the buyer for lost profits, loss of opportunity, or any other indirect or consequential losses resulting from negligence, breach of contract, or otherwise. In case some provisions of these conditions are proven to be invalid or unenforceable by competent authorities of the Slovak Republic, in whole or in part, the validity and enforceability of the remaining provisions and the remaining part of the relevant provision remain unaffected.