Terms of service
created under the legal system of the Czech Republic in accordance with the provisions of Section 1751, Paragraph 1 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act").
1. Introductory provisions
1.1.The company Bodybuilding Simplified s.r.o., established under the law and in accordance with the law of the state of the Czech Republic with identification number 215 19 021, with its registered office at 28. října 810/246, Mariánské Hory, 709 00 Ostrava, registered at the Regional Court in Ostrava under file number C 95849 (hereinafter referred to as the "Seller") is engaged in the sale of educational materials focused on bodybuilding and setting the right diet for the purpose of strengthening.
1.2.For the purpose of fulfilling the object of its activity, the Seller provides the sale of educational materials in the form of electronic books (hereinafter referred to as "E-book"), which are digital content, and whose sale is provided by the Seller through this website www.bodybuildingsimplified.com (hereinafter referred to as "Website").
1.3.These General Terms and Conditions (hereinafter referred to as "GTC") regulate the rights and obligations of the Seller as a seller of E-books and those interested in purchasing E-books, respectively buyers.
1.4.The purchase of E-books is based on a purchase contract concluded between the Seller and you as a customer or buyer, which can be concluded exclusively through this Website. 1.5.An integral part of every purchase contract concluded through this Website is this GTC, which regulates in detail all the information that the Seller is obliged to provide, especially to consumers, before the conclusion of the contract, and also explains in detail the entire process of concluding the purchase contract, payment, delivery, functionality of digital content, rights from defective performance and the possibility of exercising the rights of the customer as determined and required by the law of the Czech Republic.
2. Concepts
2.1.E-book means a product authored by trainer winny, sold by Seller, containing training and nutrition plans for weight training, and sold through this Website.
2.2.The Purchase Contract is a contract under which the Seller sells the E-book to the Buyer, whereby the conclusion of the Purchase Contract takes place via the order form available exclusively on the Website.
2.3.The Buyer is any person (including the Consumer) who enters into an E-book Purchase Contract with the Seller.
2.4.Seller means Bodybuilding Simplified s.r.o., which is responsible for the sale of E-books and the operation of the Website.
2.5.A Consumer is any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a contract with an entrepreneur or otherwise deals with him.
2.6.GTC means these General Terms and Conditions of the Seller.
2.7.Website means the website www.bodybuildingsimplified.com.
3. User account
3.1.The user is entitled to create a user account on the Website.
3.2.When registering a user account, the user is obliged to provide correct and up-to-date information (i.e. first and last name, e-mail address and password for the user account). 3.3.The user is not entitled to make his/her user account available to third parties. The Seller shall not be liable for any misuse of the user account by third parties.
3.4.Within the user account, all E-books purchased by the user (or the Buyer) via the Website are always available for download.
4. E-book order and conclusion of the Purchase Contract
4.1.The Buyer is entitled to order an E-book exclusively through the Website under the "Products" tab, which contains a summary of all E-books offered by the Seller, together with information on what each E-book is about, for whom it is intended, what information the Buyer will find therein, and the price of each E-book.
4.2.Under the "Products" tab, the Buyer specifies which E-book he is interested in ordering and orders this E-book via the order form on the Website.
4.3.Within the order form, the Buyer is required to fill in a contact e-mail address, credit card information and billing information (i.e. name, surname and billing address). The purchase contract is concluded when the Buyer fills in all the required information within the order form and presses the "Pay now" button. At this point, the Buyer commits to payment. The Buyer may then be redirected to an authentication page where he/she confirms the payment by credit card.
4.4.The purchase contract is concluded in electronic form and in English.
4.5.These GTC are an integral part of the Purchase Contract.
4.6.The Seller does not allow the purchase of the E-book in any other way than through the order form on the Website.
5. E-book price and payment terms
5.1.The price for each E-book offered by the Seller is listed on the Website. The price is valid for the entire period of time for which it is listed on the Website. Tax at the applicable rate is always added to the Purchase Price.
5.2.The purchase price can only be paid via the payment gateway within the order form on the Website.
5.3.The agreed purchase price is payable at the moment when the Buyer fills in the order form on the Website according to the provisions of Article 4.3 ofR these GTC and presses the "Pay now" button.
5.4.After payment is made, a confirmation of the order and payment will be sent to the Buyer's e mail.
5.5.Given the nature of the Seller's subject matter (i.e. the digital nature of E-books), the Buyer's right not to pay the purchase price until it has had the opportunity to view the E-book and its contents is excluded, except for the information that the Seller provides about each E-book on the Website.
5.6.The Seller shall be entitled to change, expand or narrow the offer of the E-books at any time at its sole discretion.
6. Delivery conditions
6.1.With regard to the nature of the Seller's subject of performance (i.e. the electronic nature of the E-books), neither the Buyer nor the Seller incurs any transport costs or any other costs associated with the delivery of the E-book.
6.2.After the conclusion of the Purchase Contract and proper payment in accordance with the previous provisions of these GTC, the E-book is automatically sent to the Buyer at the specified e-
mail address, and if the Buyer has a user account according to Article 3 of these GTC, the E-book is also uploaded to the user account.
6.3.For the avoidance of doubt, the Seller states that all E-books offered on the Web interface are delivered exclusively electronically via e-mail and, if the Buyer has a user account according to Article 3 of these GTC, also within this user account.
6.4.The Seller shall deliver the purchased E-book to the Buyer without undue delay after making the payment according to the previous article of these GTC, but no later than 7 days after the purchase of the E-book.
7. Data relating to the functionality of digital content
7.1.With regard to the nature of the Seller's product (i.e. the electronic nature of E-books), where E books by their nature represent digital content, hardware and software equipment is required for full functionality, i.e. for the Buyer's ability and capability to properly view the E-book, which is specified in more detail below in this article of these GTC.
7.2.After purchasing the E-book, the Buyer is entitled to download the E-book to his/her device via any internet browser from the e-mail address to which the E-book was sent, or if the Buyer has a user account according to Article 3 of these GTC, he/she is entitled to download the E-book from his/her own user account on the Website. To download the E-book, an internet connection with sufficient speed for downloading is required (i.e. basically any commercially available internet connection tariff).
7.3.The E-book or E-books are delivered within a compressed file allowing to reduce the size of the stored data (folder in .zip or .rar format). In order to unzip the compressed file, the Buyer must have hardware and software equipment through which the Buyer is able to open, decompress and unzip the sent file containing the purchased E-book or E-books.
7.4.In order to properly view the E-book, the Buyer must have hardware and software equipment through which the Buyer is able to open and work with electronic documents in Portable Document Format (document in a .pdf format), for example, a device with Adobe Acrobat Reader installed, or other similar application with this functionality.
8. E-books, their content, use and copyright protection
8.1.The author of the E-books sold through this Website is trainer winny. The E-books contain practical tips focused on bodybuilding and setting the right diet for bodybuilding purposes, based on the experience of the author of the E-books.
8.2.Neither the author of the E-books nor the Seller shall be liable in any way for the use or result achieved by the Buyer through the information contained in any E-book. All information contained in any E-book is for informational purposes only. Neither any E-book nor any information contained therein shall be deemed to constitute medical, health, therapeutic, pharmacological or other similar advice which can only be given by specialist (that is not author of E-books nor the Seller). Neither the Seller nor the author of the E-books shall be liable for any result or consequence arising from the use of the information in any E-book. The Buyer is fully responsible for the use of the information contained within the E-book, all in consideration of their own health, physical, physiological and dietetic condition.
8.3.All property rights of the author to each E-book, the sale of which is provided through this Website, and any part thereof, are exercised by the Seller, and are protected by the relevant provisions of the legal system of the Czech Republic and the European Union, in particular the rights protecting property rights and intellectual property rights.
8.4.By purchasing the E-book, the Seller grants the Buyer a non-exclusive license to use the E-book in the manner specified in this article of the GTC and in accordance with the requirements and limitations of these GTC.
8.5.The Buyer is entitled to use the E-book exclusively for his/her own use, the purpose of which is not to achieve direct or indirect economic or commercial benefit. In no event shall the Buyer be entitled to commercially use or exploit the E-book in any way.
8.6.In particular, the Purchaser is not authorized to alter or modify, distribute, communicate to the public, otherwise disseminate, transmit, rent, lease, loan, reproduce, publish, grant or assign a sub-license, transfer or sell any information, original or copies of the E-book, or create any compilation or derivative works thereof.
9. Withdrawal from the Purchase Contract
9.1.For each E-book, the Seller provides a description of the content and purpose of the E-book to the maximum extent possible. The Buyer is entitled to request any additions to this information prior to placing an order and making payment by sending an enquiry to trainerwinny@bodybuildingsimplified.com.
9.2.The Buyer expressly agrees that by placing an order for the E-book and paying for it, the E-book will be delivered immediately after payment of the purchase price. For this reason and in accordance with the provisions of Section 1837 (l) of the Civil Code, the Consumer is not entitled to withdraw from the Purchase Contract.
9.3.As the E-book is a digital intangible product, no refund is possible due to dissatisfaction with the content or design of the E-book.
10. Rights from defective performance, warranty
10.1. The Seller shall be liable to the Buyer for the fact that the E-book has no factual or legal defects upon receipt by the Buyer. This means in particular that the E-book:
a. conforms to the agreed description as set out on the Website, including type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed features;
b. is suitable for the purpose stated on the Website and within these GTC (i.e. primarily to provide informative data regarding bodybuilding and diet);
c. corresponds to the information provided on the Website, including delivery with the agreed accessories if provided.
10.2. In the event that the E-book has a defect, i.e. in particular if any of the conditions under the previous paragraph of this article of these GTC are not met, the Buyer is entitled to notify such defect and to claim the rights of defective performance from the Seller (i.e. to make a claim for the E-book). With regard to the nature of the performance (E-book), a defect may be considered to be, for example, an inaccessible part of the content of the E-book, its illegibility or the impossibility of opening it.
10.3. Due to the nature of the E-book, the Seller is not obligated to ensure that updates to the digital content or digital content services are provided to the Buyer, and such failure to provide shall not create rights of defective performance on the part of the Buyer.
10.4. The Buyer is obliged to send the E-book complaint to the e-mail address trainerwinny@bodybuildingsimplified.com. Within the complaint, the Buyer is obliged to provide his/her identification data (at least first name, surname), indicate which E-book is involved, describe the defect that the E-book suffers from, including the requirement for the resolution of the complaint. The Buyer is entitled to use the Seller's claim form, or to make a claim in any other way while maintaining the requirements for the claim.
10.5. In case the Buyer is a Consumer, he is obliged to point out the defect of the E-book and exercise the rights from the defective performance within 2 years from the date of making the E book available to the Buyer. If the defect manifests itself within one year of receipt, the E-book shall be deemed to have been defective upon receipt by the Buyer. The Seller also provides Consumers with a 24-month warranty for the quality of the E-book starting from the date of acceptance (i.e. delivery of the E-book).
10.6. In case the Buyer is a businessman, he is obliged to point out the defect of the E-book and to claim the rights from the defective performance without undue delay after he could have discovered the defect of the E-book.
10.7. If the E-book has a defect, the Buyer has the right to have the defect removed by delivering a new E-book without the defect or by delivering the missing part of the E-book. 10.8. The Buyer is also entitled to a reasonable discount on the purchase price, or to withdraw from the Purchase Contract in the manner set out in the previous article of these GTC, but only if: a. The Seller refuses to remove the defect or fails to remove it in accordance with the requirements of the legislation (i.e. fails to deliver a complete and fully functional E book to the Buyer);
b. the identical E-book defect will manifest itself repeatedly;
c. the defect constitutes a material breach of the Purchase Contract.
10.9. The Seller is obliged to settle the complaint without undue delay, no later than 30 days from the date of receipt of the complaint. The Seller shall provide the Buyer, who is a Consumer, with a written confirmation of the claim and its settlement sent to the Buyer's e-mail address. In the event of unsuccessful expiration of the deadline for the settlement of the claim, the Buyer is entitled to withdraw from the concluded Purchase Contract in accordance with the previous article of these GTC without further delay.
10.10. In the event that the Buyer caused the defect of the E-book himself or does not have the appropriate technical equipment for proper display of the E-book, he is not entitled to the rights from the defective performance.
10.11. The Seller shall not be liable for any defect caused by improper use of the E-book or loss of digital content data (failure to back up data) due to defects in the Buyer's technical equipment, as well as for defects caused by technical and software equipment on the part of the Buyer, failure to perform the necessary updates of technical and software equipment on the part of the Buyer, insufficient internet speed of the Buyer or in the event that the Buyer does not provide the Seller with the necessary cooperation for the purposes of the complaint procedure.
11. Personal data
11.1. For the purposes of ordering an E-book and registering a user account pursuant to Article 3 of these GTC, certain data are required which are personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and Act No. 110/2019 Coll., on the processing of personal data, as amended.
11.2. Detailed information regarding the processing of personal data that the Seller is obliged to provide is set out in the Seller's Privacy Policy.
12. Dispute resolution, complaints
12.1. In the event that the Buyer has any query or complaint regarding the concluded Purchase Contract, any E-book, the payment process, the delivery terms, the rights of defective performance, withdrawal from the Purchase Contract or any other aspect of the Purchase
Contract, these GTC or the process arising therefrom, the Buyer is entitled to contact the Seller by e-mail at trainerwinny@bodybuildingsimplified.com.
12.2. The competent authority for alternative dispute resolution with Consumers is the Czech Trade Inspection Authority (Česká obchodní inspekce) in accordance with the relevant provisions of the Consumer Protection Act, where all information on alternative dispute resolution can be found on the website of the Czech Trade Inspection Authority (www.coi.cz). The Consumer is also entitled to use the platform established by the European Commission for online dispute resolution (http://ec.europa.eu/consumers/odr/).
12.3. In other cases (i.e. especially in cases where the Buyer is not a Consumer), the competent authority for resolving disputes is Seller's court in terms of subject-matter and location.
13. Final provisions
13.1. All rights and obligations under the concluded Purchase Contract shall be deemed to be fulfilled provided that the Buyer has made payment for the E-book, which has been duly credited to the account of the Seller or the payment institution that provides the payment, and the E book has been duly sent to the Buyer's e-mail address or made available within the user account defined in Article 3 of these GTC.
13.2. The contractual relationship concluded on the basis of the Purchase Contract is governed by the law of the Czech Republic, especially the Civil Code. If the Buyer is a Consumer, the contractual relationship is also governed by the relevant provisions of the Consumer Protection Act. The possible application of the UN Convention on Contracts for the International Sale of Goods is excluded. The Seller does not use or is not bound by any codes of conduct.
13.3. Neither the Seller nor the Buyer wishes any rights and obligations to be inferred from past or future practice established between the Seller and the Buyer or from any customary practice, unless otherwise agreed in writing. By entering into the Purchase Contract, the Seller and the Buyer confirm that they are not aware of any custom or practice heretofore established between them.
13.4. The Seller is entitled to unilaterally and to an unlimited extent to change, amend or cancel these GTC, including the prices of each E-book sold through the Website.
13.5. For the Buyer, the version of the GTC that was in force on the date on which the Purchase Contract was concluded shall always apply.
13.6. These GTC shall come into force on 9 July 2024.
