Commercial Terms and Conditions

1. Introductory Provisions
Identification of the operator

• The operator of the internet-store at the domain www.workout.eu (hereinafter referred

to as the ‘Internet store’) is the company Zawoko NET s.r.o. Souběžná II 475/14,
15800, Prague, registered with the commercial register maintained by the Municipal
Court in Prague, file No 159499, Id. No: 29007593, TIN: CZ29007593, (hereinafter
referred to as the ‘Seller’ or ‘Operator’)

• Bank and contact details:

Bank details for the Czech Republic (CZK): 2700161488 / 2010 (FIO)
Bank details for the Slovak Republic SK (EUR): 2500949238 / 2010 (FIO)
IBAN: CZ2220100000002500949238
BIC code/SWIFT: FIOBCZPPXXX

E-mail: info@workout.eu

Purchaser

• Purchaser is every visitor of the Internet store, regardless of whether he acts as a

consumer or an entrepreneur (hereinafter referred to as the ‘Purchaser’).
• The consumer is a purchasing natural person who does not act when concluding and
performing the contract in the course of his commercial or other business activities
(hereinafter referred to as the ‘Consumer’).
• An entrepreneur is a purchasing person who is not Consumer. As an entrepreneur shall
be considered also each person who concludes contracts in connection with its own
business, production or similar activities or in the course of independent performance
of its profession, or a person acting in the name and on behalf of an entrepreneur, as
the case may be (hereinafter referred to as the ‘Entrepreneur’).

Commercial terms and conditions

• These general commercial terms and conditions (hereinafter only referred to as the
Commercial Terms and Conditions) regulate mutual rights and obligations of the
contractual parties arising in connection or on the ground of a purchase agreement
concluded between Seller and Purchaser through the Internet store (hereinafter only
referred to as the ‘Purchase Agreement’).
• Commercial Terms and Conditions are an integral part of the Purchase Agreement.
Unless stipulated otherwise in the Purchase Agreement or its annexes or unless the
applicability of certain provisions of these Commercial Terms and Conditions is
excluded by Purchase Agreement or another explicit agreement between Seller and
Purchaser or unless the applicability is modified otherwise, in the remaining these
 Commercial Terms and Conditions shall apply for mutual relations of the contractual
parties.
• Legal relations between Seller and Purchaser not expressly regulated hereby shall be
governed by applicable provisions of the act of the Czech Republic No. 89/2012 Coll.,
Civil Code. Legal relations between Seller and Consumer shall be governed at the
same time by the act of the Czech Republic No. 634/1992 Coll., on Consumer
Protection, as amended.

2. Conclusion of Purchase Agreement, Transport, and

Payment
2.1. Offer of goods

• Goods offered via the website of the Internet store presents an offer of goods of only
informative nature. The offer of goods itself shall not be deemed to be a proposal to
supply goods within the meaning of Sec. 1732 Sub-sec. 2 of the Civil Code of the
Czech Republic and the Operator shall not be obliged to conclude a Purchase
Agreement concerning the offered goods.

2.2. Order

• 2.2.1. An order may be created by the Purchaser with the help of a form on the website
of the Internet store. When creating the order with the help of the form Purchaserat
first shall choose the goods he is interested in. After selection of the required amount,
mode of transport (See Article 2.4.1.) and payment method (See Article 2.5.1.)
Purchaser shall confirm his order, thereby he submits a binding proposal to conclude
the Purchase Agreement between Purchaser and Operator.
• 2.2.2. Purchaser confirms by sending an order that he has read these Commercial
Terms and Conditions and he agrees with them to their full extent.

2.3. Conclusion of Purchase Agreement

• 2.3.1. The operator undertakes to accept a proposal of Purchase Agreement of

Purchaser (order), unless the such proposal is in contradiction hereto. The operator
shall confirm acceptance of the proposal via a message to the Purchaser’s electronic
address.
• 2.3.2. The contractual relationship between the Operator and the Purchaser shall be
created by the delivery of the acceptance of the order (by acceptance), which is sent by
the Operator to the Purchaser’s electronic address which he stated in his order.
• 2.3.3. The costs incurred by Purchaser when using remote communication means in
connection with the conclusion of the Purchase Agreement (e.g. costs of internet
connection or costs of phone calls) shall be borne by Purchaser alone.

2.4. Mode of transport

• 2.4.1. Unless stipulated otherwise in Purchase Agreement, the mode of delivery of

goods shall be determined by Seller. If the mode of transport is agreed on based on a
requirement of Purchaser, Purchaser shall bear the risk connected with such mode of
transport, including potential additional costs of the chosen mode of transport.
 • 2.4.2. Sending of ordered goods means their sending to the address stated by
Purchaser when creating the order. Operator reserves the right to add the costs of
sending of the goods to the price of the order based on the up-to-date pricelist of the
carrier.
• 2.4.3. In case the goods are delivered abroad, the Operator reserves the right to add
additional costs of the transport abroad to the standard transport price.
• 2.4.4. All the prices of transport and cash on delivery and the like shall be governed by
the up-to-date pricelist of transport available on the webpage TRANSPORT.
• 2.5.5 In the case when required destination missing on the transport price list.
Purchaser shall contacts Operator by using contacts information. Operator make an
individual price offer of transportation.

2.5. Payment method

• 2.5.1. In case of the payment via a bank transfer is chosen, Purchaser shall pay the
price of his order prior to its execution to the Seller´s bank account, i. e. goods shall be
dispatched to Purchaser only upon the purchase price is credited to the Seller’s
account. For execution of the order the payment must be made under the variable
symbol which is the number of the order and which Purchaser receives upon
completion of the order. In the case of payment for goods in the form of bank transfer,
the purchase price shall be deemed to be paid on the day when the concerned amount
is credited to the Seller’s account.
• 2.5.2. In case of cash-on-delivery payment at the moment of takeover of goods from
the carrier, Operator reserves the right to add the costs of the dispatch of the cash on
delivery to the price of the order based on the up-to-date pricelist of the carrier.
• 2.5.3. All changes including changes in the prices in the Internet store are reserved.
The price is valid at the time of placing the order.
• 2.5.4. Operator reserves the right to require, in justified cases, payment in advance
from particular Purchasers and enable such Purchaser to pay only in that way.
• 2.5.5. In case of certain type of goods, Operator reserves the right to require payment
in advance, mainly because the delivery of the particular goods prevents or in a
considerable way complicates another payment method. Such goods shall be properly
marked in their description and thus it shall be deemed that Purchaser has the
information available and is properly informed in advance.
• 2.5.6. The prices of goods and services offered are stated including VAT, unless there
is expressly stated next to a price that the price is without VAT.
• 2.5.7. Pursuant to the Act on Records of Sales, Seller is obliged to issue a receipt to
Purchaser. In some cases, there is at the same time a duty to record a received sale
with the tax administrator online; in the case of a technical failure not later than within
48 hours.
• 2.5.8. Purchaser agrees with issuance of the receipt in the electronic form.
• 2.5.9. The buyer accepts the exchange rate, that is on the page SHIPPING.

2.6. Rights and obligations arising from conclusion of Purchase Agreement

• 2.6.1. Operator shall deliver the ordered goods to Purchaser for the agreed price and
Purchaser shall take the goods over and pay the purchase price.
• 2.6.2. In case of a breach of the conditions of Purchase Agreement or Commercial
Terms and Conditions by Purchaser, Operator reserves the right to withdraw from
Purchase Agreement. Unless stipulated otherwise by the law, in such case, Purchaser’s
 obligation to reimburse Operator for all the costs related to his order shall arise, in
particular the costs of sending the goods, if Purchaser does not take the goods over.
• 2.6.3. Purchaser is obliged to state correct and true data, especially when ordering the
goods. The data, necessary for conclusion of Purchase Agreement, provided by
Purchaser is considered by the Seller to be correct.
• 2.6.4. No codes of conduct within the meaning of Sec. 1826 Sub-sec. 1 (e) of the Civil
Code shall be binding for Seller in relation to Purchaser.
• 2.6.5. All communications of Seller may be delivered to the Purchaser’s electronic
address stated in his user account or provided by Purchaser in the order.
• 2.6.6. Purchaser guarantees the correctness of the data and he shall be liable for
information provided in a wrong way and the related costs.

2.7. Gift, vouchers and discount codes

• 2.7.1. When creating an order, Purchaser may enter codes stated on purchased gift
vouchers and discount codes provided by Operator in compliance with their rules.
• 2.7.2. Unless expressly stated otherwise by Operator, gift vouchers and discount
codes:
o may not be used repeatedly;
o may not be combined with each other, except for gift vouchers purchased
directly on the Operator’s website.
• 2.7.3. In addition to the aforesaid, discount codes may not be used in the case of goods
on sale. Discounts are calculated from the original prices and they may not be
combined.
• 2.7.4. In the case of withdrawal from Purchase Agreement for any reason or in the
case of another legitimate return of goods, purchased on the ground of a discount code
or gift voucher, by Purchaser to Seller, Purchaser shall be entitled to repayment of the
amount which has been really paid by him with money for the purchase of the goods.
In the case of a gift voucher, Seller shall further issue a new gift voucher at the
corresponding value.
• 2.7.5. If validity of a gift voucher or discount code is time limited, Purchaser may use
the gift voucher or discount code only prior to its expiry. Seller shall not provide
money or another type of compensation for the unused value of the gift voucher or
discount code.
• 2.7.6. A gift voucher or discount code may not be exchanged for money. If Purchaser
purchases goods of a lower price than the value of the gift voucher or discount code is,
he shall not have the right to obtain the remaining value of the gift voucher or discount
code or to obtain a new gift voucher or discount code for the remaining value of the
original gift voucher or discount code used by him or her.
3. Delivery of Goods
3.1. Delivery period

• 3.1.1. Operator undertakes, under the conditions mentioned below, to dispatch goods
to Purchaser by the nearest possible date, not later than by the date stipulated by law
(mean act of Czech republic) , i. e. within 30 days of the day of the conclusion of the
agreement. In the case of cashless payment by transfer after completion of the order,
the Operator shall dispatch the goods upon the payment has been credited to his bank
account.
• 3.1.2. Operator shall not be liable for damage caused by delay in dispatch or delivery
of goods for any reason.

3.2. Transport, Delivery, Tax, and takeover of goods

• 3.2.1. Purchaser shall acquire the right of ownership to the purchased goods by their
takeover. At the moment of the takeover of the goods, also the risk of damage to the
goods shall pass to Purchaser.
• 3.2.2. A part of the delivery shall be a document on the purchase of the goods
containing the date of sale, identification of the goods, purchase price and Seller’s
details and identification of Purchaser in Seller’s register (i.e. order number.)
• 3.2.3. At the time of takeover of the goods from the carrier, Purchaser shall be obliged
to check whether the packaging of the goods has been damaged and in the case of any
defects he shall notify the carrier of them without delay. If a damaged packaging is
discovered, showing an illegitimate entry into the consignment, the Purchaser is
recommended not to take over the consignment from the carrier and to fill in the
record of damage to the consignment. By signing the delivery, the Purchaser confirms
that the packaging of the consignment containing the goods has not been damaged.
• 3.2.4. Complaints about mechanical damage to goods, inappropriate goods, etc. in case
the damage is not noticeable at the time of takeover of the consignment from the
carrier, they shall be lodged by Purchaser after their discovery without delay.
Operators responsible for damage to the goods caused during their transport only in
the case thatPurchasernotifies of such damage without delay in accordance with the
paragraphs 3.2.3 and 3.2.4 hereof.
• 3.2.5. If, for reasons on Purchaser’s side, goods must be delivered repeatedly or in a
way different from that stated in the order, Purchaser shall reimburse Seller for the
costs connected with the repeated delivery of the goods, or for the costs connected
with another method of delivery.
• 3.2.6. If Purchaser does not collect goods which he has previously ordered, Operator
shall not be obliged to send any newly ordered goods which have not been paid by
Purchaser by that time to Purchaseror he may require payment in advance.
• 3.2.7. Entitlement to transport of goods for free have only such customers who order
goods above a minimal price or for other reasons determined by Seller.
• 3.2.8. Customers, who are not from the European Union are obliged to pay customs
and import tax in their country.
If you are not willing to pay customs and import tax when you are from a non-
European Union country and the package is already there and the delivery company
asked you for payment, you will be charged for all delivery expenses because you
agreed with payment of customs and import tax when finishing your order in our e-
shop.
3.3. Return/Exchange Policies

You may return an unused item in new condition within 14 days of receipt. Please note on the
packing slip if you would like to return or exchange the item, and enclose the packing slip in
the returning package. Once we receive the package, we will refund you for the full product
price or ship the requested size to you.

• Customers will be responsible for the original shipping charges and return shipping
charges unless our customer service department determines that we are at fault for an
order error or product defect.
• Please allow 3-5 days for your return to be processed or for an exchange to be sent.
• All shoes returned without a shoebox or with the shipping label affixed to the shoe box
will be subject to a €10 fee.
• Returns from any non-EU country are subject to a 15% restocking fee.
• We do not accept used or damaged products for return or exchange.
• In terms of change for a different size for countries, which are not part of the European
Union, the customer is obligated to pay all delivery costs.

4. Withdrawal from Purchase Agreement

4.1. Withdrawal from Purchase Agreement by Purchaser

• 4.1.1. If Purchase Agreement is concluded with the help of means of distance

communication (via Internet store), Consumer has in accordance with Sec. 1829 et
seq. of the Civil Code the right to withdraw from the agreement without stating a
reason and without any sanction within 14 days of the takeover of the goods.
• 4.1.2a. If the Consumer in the legal period of 14 days notifies the Operator that he
withdraws from the agreement, Purchase Agreement shall be canceled ex tunc.
• 4.1.2b. In the case of a subsequent replacement, the goods shall be undamaged, unused
and labels should not be removed. Purchaser has the right to try the goods to the same
extent as in the case of purchase in bricks-and-mortar shop.
• 4.1.3. In the case that Consumer withdraws from Purchase Agreement within the legal
period of 14 days and the returned goods are not completeor they are provably used or
damaged, Operator has entitlement against Consumer to damages, or to the amount
corresponding to the reduced value of the price of the returned goods,
Consumer/Purchaser hereby agrees with that. In such case, Operator shall return to
Consumer the purchase price reduced in that way. If goods are further unsaleable (e. g.
if they are destroyed or damaged to a great extent), the claim of Operator may be the
amount corresponding to the full price of the goods, Consumer hereby acknowledges
it and agrees with it.
• 4.1.4. Consumer acknowledges that pursuant to Sec. 1837 of the Civil Code of the
Czech Republic he may not withdraw from Purchase Agreement in the cases
stipulated thereby, in particular in the case of delivery of goods which were
customized or personalized. Mainly this is the case of print on the textile per
Purchaser’s request.
• 4.1.5. When exercising the right to withdraw from the agreement within the legal
period of 14 days, Purchaser shall be obliged to send the goods for their replacement
so that they reach Seller 14 days of the withdrawal of the agreement.
• 4.1.6. Seller shall return the money to Purchaser not later than within 14 days of the
withdrawal from the agreement.
• 4.1.7. If Consumer withdraws from Purchase Agreement legitimately, with regard to
the paragraph 4.1.9, Operator shall without undue delay, not later than within 14 days
of the withdrawal of the agreement, return to Consumer all the money including the
costs of delivery of the goods in the amount corresponding to the cheapest offered
method of delivery of the goods.
• 4.1.8. If Consumer withdraws from Purchase Agreement, Operator shall not be
obliged to return the received money to Consumer prior to handover of the goods by
Consumer proving that he has sent the goods to Operator.
• 4.1.9. If Purchaser withdraws from Purchase Agreement illegitimately and despite that
fact he sends the goods to Operator, the goods shall not be taken over, or they shall be
sent back at Purchaser’s expenses and in the case of provable return of the
undeliverable consignment destroyed by Operator without entitlement of Purchaser to
return of the purchase price, Purchaser hereby agrees with it.
• 4.1.10. Although the Operator takes care of the up-to-dateness of his stock and good
supply, exceptional situations when he will not be able to deliver the ordered goods
under the conditions stipulated in the Purchase Agreement may occur. The operator
reserves the right to withdraw from the Purchase Agreement in such cases and the
Purchaser agrees with this action for such exceptional cases.
• 4.1.11. If the Operator withdraws from Purchase Agreement, he shall inform the
Purchaser without delay to his electronic address stated by the Purchaser at the time of
the creation of his order. Further, he shall return to Purchaser the full purchase price of
the goods, if it has been already paid to him, or the price reduced in accordance with
these Commercial Terms and Conditions as the case may be.

Address for returning products:

WORKOUT.EU
street: Suchy vrsek 33
zip code: 15800
city: Prague 5
country: Czech republic

email: info@workout.eu
mobile: +420 775 564 689

Please remember to include a message in the package for us, so that we know who the
package is from and whether you are returning products, exchanging sizes, etc.
5. Rights Arising from a Defective Performance
• 5.1. The rights and obligations of the contractual parties concerning their rights arising
from defective performance shall be governed by applicable generally binding
regulations (in particular Sec. 1914 to 1925, Sec. 2099 to 2117, and Stec. 2161 to 2174
of the Civil Code of the Czech Republic) and the Act on Consumer Protection.
• 5.2. Seller shall be liable to Purchaser that the goods at the time of their takeover are
without defects. In particular, the Seller shall be liable to Purchaser that at the time of
takeover of the goods by Purchaser:
o the goods have the properties which were agreed between the contractual
parties, and if there is no such agreement, the goods have the properties which
were described by Selleror the producer or which may be generally expected
by Purchaser with regard to the nature of the goods and based on the
advertising carried out by them,
o the goods are suitable for the purpose which is specified by Seller for their use
or for which the goods of such type are usually used,
• 5.3. Consumer may assert his right from a defect that occurs in the case of consumer
goods within the time period stipulated by law, i. e. within 24 months of their
takeover. If a defect reveals within 6 months of the takeover, it shall be deemed that
the goods were defective at the time of their takeover; after the expiry of these 6
months, the Purchaser must prove his claim that the defect existed at the time of the
takeover.
• 5.4. The rights arising from a defective performance may be asserted by the Purchaser
against the Seller at the address of his establishment (collection point). The moment
when Seller receives the goods complained about from Purchaser shall be considered
to be the moment of lodging the complaint.
• 5.5. When asserting the right arising from defective performance, the Purchaser shall
be obliged to prove the conclusion of the Purchase Agreement. The operator
recommends for this purpose submitting particular a confirmation of the purchase
(invoice, receipt).
• 5.6. Purchaser shall be obliged to assert a defect with respect to Seller, i. e. provide
him with a description of the defect of the goods due to which he complains about the
goods.
• 5.7. Purchaser shall not have the right arising from defective performance if, before
the takeover of the thing, he was aware that the thing had a defect, or if it was caused
by Purchaser himself, or if it was caused by a third person other than Seller and
without Seller being at fault.
• 5.8. A complaint lodged by the consumer including removal of the concerned defect
shall be settled by the Seller without undue delay, not later than within 30 calendar
days of the day when the complaint was lodged, unless the Seller and Consumer agree
on a longer time period.
• 5.9. If the Operator does not reject the complaint, he shall issue a confirmation of
receipt of the complaint to the Purchaser, which shall contain among others
identification of the Operator and Purchaser, what is the subject of the complaint
according to Purchaser, what way of settlement of the complaint is preferred by
Purchaser, the date and place of receipt of the complaint and signature of an employee
of Operator.
• 5.10. Consumer shall be entitled to reimbursement for the reasonably incurred costs
connected with the asserting of his right arising from defective performance.
 • 5.11. The operator shall notify Purchaser of the fact that the complaint has been settled
and in what way to his electronic address which was stated by him at the time of
lodging the complaint or through another contact detail through which it is possible to
notify Purchaser of the settlement of the complaint. The operator shall state a time
limit for the collection of the goods complained about in that notification.
• 5.12. If the Purchaser does not collect the goods complained about within the time
limit stated by Operator, the Operator may charge reasonable storage fees. A
purchaser who lodged the complaint shall collect in such case the goods he
complained about within 14 days of the moment when he is notified that the
concerned goods are prepared for collection/handover. Upon expiry of this time limit
Operator shall commence charging the storage fees in the amount of 1,-CZK per day.
• 5.13. The operator shall not be liable for any loss, injuries or damage to property,
whether direct or indirect, caused by a defect of the delivered goods unless such loss,
injury or damage to property is caused by negligence, omission or intention of the
Operator.

6. Personal Data Protection

• 6.1. Handling personal data of the Purchaser is subject to the regulation of Act No.
101/2000 Coll., on Personal Data Protection and on Amendment of Certain Acts, as
amended, and other applicable legislation, as well as the Regulation (EU) 2016/679
(as known as GDPR).
• 6.2. Purchaser agrees with the processing of his personal data which means his given
name and surname, address of his residence, identification number, tax identification
number (entrepreneurs, VAT payers), electronic address, sex, bank account number,
and phone number and he grants his consent to collecting and processing of his
personal data by Operator for the purposes of the exercise of the rights and obligations
under Purchase Agreement. Also designated by the Regulation (EU) 2016/679
(GDPR) as a legitimate interest.
• 6.3. Personal data provided under Point 6.2 are provided to third persons in
compliance with the aforesaid acts and regulations. They are namely provided to
contractual carriers (according to the up-to-date offer of delivery possibilities in the
section Transport – for the purpose of delivery of the goods ordered by a customer.
Further, they are provided to the company Accounting for Europe spol. s.r.o.for the
purpose of accounting. Further, authorized employees of the company who ensure
fulfillment of the Purchase Agreement for the purpose of securing rights and
obligations arising from the agreement have access to the information. Such
employees are strictly instructed by Operator and trained in handling personal data in
compliance with applicable legal regulations.
• 6.4. The operator declares that he has concluded a processor agreement in compliance
with current legal requirements with all providers of services to whom personal data
concerning Purchasers, which are necessary for securing the exercise of the rights and
obligations under the Purchase Agreement, are provided (See Point 6.3).
• 6.5. Purchaser acknowledges that he is obliged to state his correct and true personal
data and that he is obliged to notify Seller of any change in his personal data without
undue delay.
• 6.6. Personal data shall be processed for as long as necessary in electronic form by
automated means or in printed form by non-automated means.
• 6.7. If the Purchaser considers that Seller or a processer processes his personal data in
contradiction to the protection of his private or personal life or in contradiction to the
 law, in particular, if his personal data are inaccurate with regard to the purpose of their
processing, he may:
o request an explanation from Seller or the processer,
o request rectification of such state from Seller or the processer.
• 6.8. If Purchaser asks for information about the processing of his personal data, the
Seller shall provide him with the information.
• 6.9. If any leak of the data occurs, the Operator shall notify the Purchaser of the
circumstances of the leak of data without delay and provide him with the information
about the affected data.
• 6.10. The purchaser agrees with the storage of so-called cookies on his computer.
Through the setting of his web browser, the Purchaser may delete individual cookies
manually, block them or forbid them completely. Individual cookies may be also
blocked or allowed only for specific websites. Details are contained in the Principles
of Using Cookie Files.

7. Final Provisions
• 7.1. The communication language between the Operator and the Purchaser and the
language of the Purchase Agreement is the Czech language. The concluded Purchase
Agreements are archived by the Operator in electronic form and they are not
accessible to third persons, at the same time they are used in printed form on invoices
and they are used exclusively for the needs of accounting.
• 7.2. If any provision hereof is for any reason invalid or ineffective, invalidity or
ineffectiveness of other parts of Commercial Terms and Conditions or Purchase
Agreement shall not be caused by that fact.
• 7.3. The wording of Commercial Terms and Conditions may be changed or
supplemented by the Operator at any time. The amended Commercial Terms and
Conditions shall come into force as of the day of their publishing. The rights and
obligations of the Operator and Purchaser which arose prior to the day of effectiveness
of the new version of Commercial Terms and Conditions shall not be affected by the
amendment.
• 7.4. In case the relationship established by the Purchase Agreement includes an
international (foreign) element, the contractual parties stipulate that the relationship
shall be governed by Czech law, with the exclusion of all conflict-of-law rules. This
shall not affect the rights of Consumers arising from generally binding legal
regulations.
• 7.5. The seller is authorized to sell goods on the ground of his trade license. The trade
inspection is carried out by the competent trade licensing office within its competence.
The supervision over the area of protection of personal data is performed by the Office
for Personal Data Protection. The Czech Trade Inspection Authority performs to a
determined extent among others supervision over compliance with Act No. 634/1992
Coll., on Consumer Protection, as amended.