IDOL SPAS

Idol spas s.r.o., Company ID No.: 04313348, VAT ID No.: CZ04313348, with its registered office at CS armády 659, 252 26 Jílové u Prahy, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 85190, email: [email protected], tel.: +420 720 171 000 (hereinafter referred to as the “Seller”), hereby issues these Terms and Conditions with effect from 1.4.2016:

1.1 These terms and conditions govern the mutual rights and obligations between the Seller on the one hand and the buyer on the other hand (hereinafter referred to as the "buyer") in the sale of goods. Not only for hot tubs.

1.2 By paying for the goods, the Buyer confirms that they have read these Terms and Conditions and expressly acknowledge that these Terms and Conditions are an integral part of the purchase agreement between the Buyer and the Seller. The Terms and Conditions are also available for inspection on the Seller's online portals www.idol.cz, www.virivky.net and virive-vany-bazeny.cz.

1.3 If the buyer is a consumer, as defined in point 1.4 below, relations not governed by these terms and conditions are governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), and further by Act No. 634/1992 Coll. on consumer protection, as amended (hereinafter referred to as the "Consumer Protection Act").

1.4 A buyer - consumer is any buyer, unless it is a buyer who is an entrepreneur and, furthermore, where, upon conclusion of the contract, it is evident from the circumstances that the purchase does not concern their business activity. An entrepreneur is a person who independently carries out gainful activity on their own account and responsibility by way of a trade or other similar manner, with the intention of doing so continuously for the purpose of making a profit, and where, upon conclusion of the contract, it is evident from the circumstances that the purchase concerns their business activity. If the buyer is a subject other than a consumer, i.e. an entrepreneur, relations not governed by these terms and conditions are governed by the Civil Code.

1.5 The Seller is a legal entity which, in concluding and performing the contract, acts within the scope of its business activity. The Seller offers products to buyers and provides services, in particular hot tubs, outdoor whirlpool tubs, saunas, and related accessories, as well as related services.

1.6 Subject of purchase – the subject of purchase under the purchase contract is the goods specified in the purchase contract (hereinafter also referred to as the "goods"). The data specified in the purchase contract at the moment of conclusion of the purchase contract are decisive.

2.1 The buyer is obliged to take over the goods in accordance with the purchase contract. The buyer is entitled to take over the goods and related documents only if they have already paid the full purchase price for the purchased goods.

2.2 Goods located in stock at the Seller's premises must be collected by the buyer immediately after payment of the full purchase price, unless otherwise agreed with the Seller.

2.3 The goods may be delivered to the buyer in the following ways:

1. The buyer arranges transport themselves, from the store location at the address Zděbradská 56, Jažlovice. The Seller bears no liability for damage caused by self-arranged transport.

2. Transport arranged by the Seller, which is subject to a charge, as follows:

• for longer distances, the minimum transport price is calculated at 1 €/km including VAT ( over 250 km  round trip; the departure point is the store at Zděbradská 56 – Jažlovice).
• for shorter distances, the minimum transport price is calculated at 21,-Kč/km including VAT (up to 250 km round trip)

3. Contractual carrier. In such a case, the price is determined according to the current price list of the contractual carrier. The Seller bears no liability for damage caused by contractual transport.

2.4 The delivery price does not include:

a) On-site technician work (putting the goods into operation and professional training of the buyer) – handling of the goods. The buyer arranges this themselves, or uses the Seller's technicians under the following payment terms:

CZK 786 incl. VAT/each started hour/1 person

CZK 18 incl. VAT/km – journey calculated there and back from the showroom's registered office

2.5 If the buyer and the Seller have agreed on transport and assembly in another manner, this will be expressly stated in the purchase contract.

2.6 For the moving of bulky goods (whirlpool tubs), the buyer always arranges the necessary number of workers at the unloading site (the number of persons is determined after consultation with the Seller's technician and with regard to the accessibility of the location where the goods are to be installed). Alternatively, the moving may be ordered from the Seller at the buyer's expense.

2.7 If the contracting parties agree in writing after concluding the order on changes to it, the originally set delivery period is also reasonably extended, unless expressly stated otherwise in writing.

3.1 The Seller's prices stated in the brick-and-mortar store may not always match the prices in the online store at the address www.virivky.net and at www. virive-vany-bazeny.cz. The price does not include transport of the goods, assembly of the purchased goods, etc.; the prices for these services are charged separately and will be itemized in the purchase contract.

3.2 The prices are contractual prices and are stated without VAT (the VAT rate is 12% for hot tubs and swim spas with transport and installation, and 21% for other goods). The Seller is a VAT payer.

3.3 The buyer is obliged to pay the Seller the purchase price duly and on time. The goods will be handed over to the buyer only after full payment of the purchase price. At the moment the goods are handed over to the buyer, the delivery note is signed and all documentation relating to the goods being handed over is transferred.

3.4 The buyer pays the purchase price by one of the following methods: cashless bank transfer, in cash, or by payment card.

3.5 In the case of goods made to order, the buyer pays a deposit upon ordering, usually amounting to 40% of the purchase price, unless otherwise agreed. The buyer is obliged to pay the remaining part of the purchase price before taking over the goods, by the method stated in point 3.4. If the buyer fails to pay the purchase price on time or at all, or otherwise prevents delivery of the goods, they are obliged to pay the seller a contractual penalty corresponding to 10% of the purchase price including VAT. The buyer declares that they consider the contractual penalty thus agreed to be reasonable.

4.1 The risk of accidental destruction and accidental deterioration of the goods passes to the buyer upon handover of the goods to the buyer (by confirmation of the delivery note).

4.2 Ownership of the goods passes to the buyer only after full payment of the purchase price and fulfillment of all the buyer's financial obligations towards the Seller.

5.1 The Seller is liable to the buyer consumer that the item is free of defects upon receipt (warranty of quality upon receipt under § 2161 of the Civil Code).

5.2 If the item does not have the properties stipulated under § 2161 of the Civil Code, the buyer consumer may also demand the delivery of a new item free of defects, unless this is unreasonable given the nature of the defect; however, if the defect concerns only a part of the item, the buyer may demand only the replacement of the part affected by the defect; if this is not possible, the buyer has the right to withdraw from the contract. However, if this is disproportionate given the nature of the defect, especially if the defect can be remedied without undue delay, the buyer has the right to free removal of the defect by the Seller. If the buyer consumer does not withdraw from the contract or does not exercise the right to delivery of a new item free of defects, to replacement of its part, or to repair of the item, they may demand a reasonable discount from the Seller. The buyer consumer has the right to a reasonable discount also in the event that the Seller cannot deliver a new item free of defects, replace its part, or repair the item, as well as in the event that the Seller fails to remedy the situation within a reasonable time, or that remedying the situation would cause the buyer consumer considerable difficulties.

5.3 If a defect manifests itself within six months of the buyer consumer taking over the goods, it is presumed that the item was already defective upon receipt.

5.4 The buyer is not entitled to rights from defective performance if the defects of the goods were caused by transport of the goods carried out by the buyer or by improper handling or assembly carried out by the buyer.

5.5 A defect of the goods or hot tub is not the usual color difference in natural materials, textile and synthetic materials (i.e. for example if patterns are in a different color tone) or lacquered surfaces, especially in the case of subsequently ordered goods. For items sold at a lower price, the seller is not liable for the defect for which the lower price was agreed.

5.6 The Seller reserves the right to make minor technical changes to the goods sold.

5.7 The right arising from defective performance does not apply to wear and tear of the item caused by its ordinary use, improper use or care, the effect of weather conditions, improper handling, intentional damage, or to defects of which the buyer was notified in writing in the purchase contract.

5.8 A consumer buyer is entitled to exercise the right arising from a defect that occurs in the goods within twenty-four months of receipt; a business buyer pursuant to 1.4 within six months of receipt. For used goods, the parties agree on a period of twelve months from receipt for exercising rights arising from defective performance.

5.9 For a business buyer pursuant to 1.4, the following is agreed in the case of defective performance, deviating from the relevant provisions of the Civil Code:

• the occurrence of a repairable defect shall always be considered a non-material breach of contract, not a material breach,
• in the event of a non-material breach of contract, the buyer acting in the course of business shall be entitled to have the defect remedied or to receive a reasonable discount on the purchase price, at the Seller's discretion,
• in the event of a material breach of contract, the buyer acting in the course of business shall be entitled to a reasonable discount on the purchase price or to withdraw from the contract.

5.10 Rights arising from defective performance must be exercised with the Seller at Zděbradská 56, Jažlovice or via the email address [email protected].

5.11 Claims procedure: Describe the defect as accurately as possible, preferably by sending a detailed description with photographic documentation to the email address: [email protected]. This information forms the basis for further communication and allows the technician to prepare for the service visit.

5.12 Deliver the goods to the Seller's premises at the address Zděbradská 56, Jažlovice, or pay for the transport of the Seller's technician who comes to carry out the repair, as follows:

• 1 € incl. VAT/km within Prague
• or 1 € incl. VAT/km outside Prague

Both the outbound and return journeys are charged. The departure is always from the shop at the address Zděbradská 56, Jažlovice. Transport is paid in cash directly to the Seller's technician, unless otherwise agreed in advance.

Transport is not charged in the case of payment for the premium package Connection, training upon purchase of the goods, or other premium terms agreed in advance and mentioned in the Purchase Contract, as well as in the case of a justified complaint

5.13 The Seller decides on the consumer buyer's complaint immediately, in complex cases within 3 working days. This period does not include the time reasonably required, depending on the type of goods, for an expert assessment of the defect. The complaint, including removal of the defect, must be settled without undue delay, at the latest within 30 days from the date the complaint was made, unless the seller and the consumer buyer agree on a longer period. The buyer is obliged to provide effective cooperation when the complaint is being handled. In particular, to allow inspection or repair of the goods at the agreed time, or to prepare the goods for transport or to take them over after repair.

5.14 If part or all of the purchase price for the goods is refunded to the Buyer for any reason (e.g. a discount on the purchase price or withdrawal from the agreement), it will be refunded to the Buyer within a reasonable period, which will generally not exceed 15 days, by bank transfer to an account provided by the Buyer to the Seller for this purpose, unless otherwise agreed.

6.1 We provide it under the following conditions:

The buyer pays for spare parts in full.

They also pay:

• 823,-Kč including VAT/hour of technician's work
• 1 € including VAT/km within Prague
• or 1 € including VAT/km outside Prague

Both the outbound and return journeys are charged. The departure is always from the Seller's shop at the address Zděbradská 56, Jažlovice.

6.2 The total amount is paid in cash directly to the Seller's technician, unless otherwise agreed in advance.

6.3 The service performed is documented on site by the technician on a Service Sheet, which the buyer signs and confirms with their signature.

7.1 All contractual relationships are governed by Czech law.

7.2 These terms and conditions take effect on the day of their publication and, in their respective wording, are decisive for all orders placed on that day and later. The Seller reserves the right to change these terms and conditions.

7.3 The buyer is not entitled, without the Seller's consent, to assign their claim against the Seller arising from this contract to a third party.

7.4 The purchase contract does not require written form. If the purchase contract was concluded in writing, its amendments and supplements must also be made in writing.

7.5 Special arrangements made in writing with the buyer in the purchase contract itself take precedence over those provisions of these terms and conditions that would be in conflict with them.

8.1 As the controller of personal data, the Seller will process the buyer's personal data provided in the order, i.e. the buyer's first name, surname, address, email address and telephone number (hereinafter also only "the buyer's personal data").

8.2 The buyer's personal data will be processed by authorized employees. The processor ensures the protection of the buyer's personal data.

8.3 The buyer's personal data will be processed for the fulfillment of the seller's contractual obligations and for the seller's marketing purposes.

8.4 The buyer's personal data will not be provided to third parties, with the exception of the contractual processor of personal data.

8.5 As the data subject, the buyer has the right of access to their own personal data processed by the Seller and the right to have it corrected.

8.6 The buyer's telephone number and email will be retained for the duration of the buyer's consent to the processing of this data.

8.7 The buyer provides their data voluntarily in connection with the conclusion of the purchase contract and the performance arising from this purchase contract, and for the Seller's marketing purposes.

8.8 The buyer is entitled to withdraw their consent to the processing of personal data at any time.