Spiralista

General Terms and Conditions

I. Definitions of terms used

1.1 "Application":

The mobile application of the Operator (see 1.6 GT&C) called "Spiralista", available for mobile devices using iOS operating systems (version 12 & higher) and Android (version 10 & higher).The main objective of the app is to enable the User (see 1.13 GT&C) to access physiotherapeutic exercise techniques of the Spiral Stabilization method, which is designed mainly for the treatment and prevention of back pain, scoliosis, disc herniation, problems after surgery, etc. In particular, the application allows you to:

 

 

1.2 "E-shop":

The Operator's online shop (see 1.8 GT&C) available in the Application, through which the Goods can be bought (see GT&C 1.15).

1.3 "Purchase Price":

The price at which the Goods can be bought (see 1.15 GT&C) across the Interface (see 1.10 GT&C) of the E-shop and/or the Website (see 1.14 GT&C). Unless explicitly stated otherwise in GT&C, the Purchase Price also includes the cost of packaging and/or shipping of the Goods to the destination.

1.4 "Purchase Agreement":

A separate contract concluded between the Operator (see 1.8 GT&C) and the User (see 1.11 GT&C), the subject matter of which is the obligation of the Operator to hand over the Goods to the User (see 1.15 GT&C) and enable him or her to acquire the right of ownership of the Goods, and the obligation of the User to take over the Goods and pay the Operator the Purchase Price.

1.5 "Civil Code":

Act No. 89/2012 Sb (Civil Code), as amended.

1.6 "Order":

The expression of the User's serious interest (see 1.11 GT&C), in buying the Goods (see 1.15 GT&C) from the Interface (see 1.10 GT&C) of the E-shop and/or the Website (see 1.14 GT&C), under the conditions laid down in these GT&C (see 1.13 GT&C).

1.7 "Payment method":

The method of payment of the Purchase Price when buying Goods (see 1.15 GT&C) in the E-shop and/or v at the Website (see 1.14 GT&C), depending on the operating system used by the User's mobile device (see 1.11 GT&C) and/or the country or region in which the User is located, e.g.:

 

 

1.8 "Operator":

The company Spiralista s.r.o., Identification No. 05376025, with its registered office at Karlova 933/7, Brno, Postal Code 614 00, registered in the Commercial Register administered by the Regional Court in Brno, File C 116654, e-mail: info@spiralista.com. The Operator is also the seller of Goods (see 1.14 GT&C) when purchasing through the Interface (see 1.10 GT&C) of the E- shop and/or the Website (see 1.14 GT&C).

1.9 "Subscription":

The Operator's remuneration for access to the Application paid by the User (see 1.11 GT&C). The amount of the Subscription is specified in the Interface (see 1.10 GT&C) and depends on how long the Application is made available to the User (e.g. monthly or annual Subscription).

1.10 "Interface":

The user interface of the Application and/or the Operator's Website (see 1.14 GT&C) through which the User (see 1.11 GT&C) can access the content of the E- shop and/or the Website under the conditions laid down in these GT&C (see 1.13 GT&C).

1.11 "User":

The User is any natural person who, outside the scope of his or her business activities and/or outside the scope of independent performance of his or her profession, enters into an Agreement with the Operator and/or otherwise deals with him or her.

1.12 "User Account":

A non-public user interface available in the Operator's E-shop through which the User can manage his or her personal profile and access with his or her personal data the order of the Goods in the E-shop. 

1.13 "GT&C":

These General Terms and Conditions, as amended. 

1.14 "Website":

The Operator's website available from https://shop.spiralista.com, through which the User can access the Interface and buy the Goods (see 1.15 GT&C).

1.15 "Goods":

Different kinds and/or types of exercise equipment that is available from the E-shop and that can be purchased from the Operator. 

II. Fundamental provisions

2.1 These GT&C regulate the relations between the Operator, in the position of the seller, and the User, in the position of the buyer, in the area of the sale of Goods available in the E-shop interface and/or on the Website. 

2.2 By concluding the Purchase Agreement the User confirms that he or she has read the GT&C and that he or she fully agrees to them. 

2.3 Provisions deviating from the GT&C can be agreed in the Purchase Agreement. Specific arrangements in the Purchase Agreement shall supersede the provisions of GT&C.

2.4 The Provisions of the GT&C are an integral part of the Purchase Agreement. The Purchase Agreement and the GT&C are drawn up in the Czech and English languages. In case of discrepancies between the Czech and English versions, the Czech language version shall prevail. 

2.5 The wording of the GT&C may be amended or supplemented by the Operator. The Operator undertakes to inform the User of the planned amendment and/or supplement to the GT&C in electronic form to the e-mail address specified in the User's user account, at least 14 days before the day the new wording of the GT&C enters into force. In addition, the Operator shall display to the User the information about the planned amendment and/or the GT&C supplement through the Interface. In such a case, the User is entitled to send the Operator his disagreement with the GT&C thus amended and/or supplemented in electronic form within 14 days from the day of communicating the amendment and/or supplement to the GT&C. The Purchase Agreement between the Operator and the User shall thus continue to be governed by the original wording of the GT&C.

2.6 If the Operator does not receive the User's notification in accordance with point 2.5 of GT&C within the specified period, on the effective date of the amended and/or supplemented version of GT&C, the Purchase Agreement between the Operator and the User shall be governed by the amended and/or supplemented version of the GT&C. This provision does not affect the rights and obligations arising during the period in which the original version of the GT&C was in effect.

2.7 Legal relations between the Operator and the User not expressly regulated by these GT&C or the Purchase Agreement concluded by and between the Operator and the User are governed by the relevant provisions of the Civil Code, Act No. 634/1992 Sb., on consumer protection, as amended, as well as related legislation.

III. E-shop and/or Website availability

3.1 Orders through the E-shop and/or Website can be made continuously (provided that the E-shop and/or Website interface is available, in particular, with regard to the necessary maintenance of the Operator's hardware and/or software equipment, or the necessary maintenance of third-party hardware and/or software equipment. 

IV. Purchase Agreement

4.1 The Interface contains a list of Goods offered by the Operator for sale, including the Purchase Price of the Goods offered. The offer to sell the Goods and the Purchase Price of the Goods remain valid as long as they are displayed in the Interface. This provision does not affect the Operator'sability to enter into a Purchase Agreement under individually agreed conditions. All offers for the sale of Goods in the Interface are non-binding and the Operator has no obligation to enter into a Purchase Agreement regarding these Goods; therefore, it is not a proposal to conclude a contract (offer) within the provisions of § 1731 of the Civil Code.

4.2 Goods from the Interface can be ordered via the E-shop order form available in the Operator's Application and/or via the Operators' Website. 

4.3 To order Goods via the E-shop and/or Website, the User completes the order form in the Interface. The order form contains, in particular, information about:

 

 

4.4 Before submitting the Order, the User can check and/or change the data he has entered in the Order form. The User can also check and/or correct errors that occurred when entering data in the Order form. The User submits the Order by clicking on the 'Complete the Order button'. Details provided in the Order are considered correct by the Operator. Immediately after receiving the Order, the Operator shall confirm the receipt electronically, to the email address specified in the Order.

4.5 Depending on the nature of the Order (quantity of Goods, amount of the Purchase Price, estimated shipping costs), the Operator is always entitled to ask the User for further confirmation of the Order (e.g. by e-mail and/or telephone). 

4.6 The Purchase Agreement between the Operator and the User arises upon the delivery of the acceptance of Order, which is sent to the User by the Operator electronically, to the email address specified in the Order.

4.7 The User acknowledges that the Operator has no obligation to enter into a Purchase Agreement, especially with people who have previously materially breached their obligations to the Operator. 

4.8 The Purchase Agreement is negotiated for a fixed term; the validity and effectiveness of the Purchase Agreement expires upon the fulfilment of its purpose, which is the issuance of the subject matter of the Purchase Agreement after the fulfilment of the terms of the Purchase Price and payment of the Purchase Price.

4.9 The Purchase Agreement may only be amended and/or supplemented by mutual agreement between the Operator and the User. 

4.10 The User agrees to the use of means of distance communication when entering into the Purchase Agreement with the Operator. The costs incurred by the User when using the means of distance communication in connection with the conclusion of the Purchase Agreement according to the GT&C (the cost of internet connection and phone calls) shall be borne by the User himself/herself. 

V. Purchase Price and Terms of Payment

5.1 All Purchase Prices shown in the Interface are contractual and include VAT.

5.2 According to the Purchase Agreement, the Purchase Price can be paid to the Operator using the payment method specified by the User.

5.3 Any price reductions on the Goods provided by the Operator to the User cannot be combined with other discounts. 

5.4 The Operator is a VAT payer. The User will receive a tax document (invoice) after making the online payment of the Purchase Price to the e-mail address specified in the Order. The User agrees to the issuance and sending of electronic tax documents (invoices) according to point 5.4 of GT&C.

5.5 The User acquires the right of ownership of the Goods on the day he takes over the Goods from the Operator. 

VI. Customized Products

6.1 If it is a Customized Product or a product that is not in the Operator's warehouse at the relevant time, the Operator will send the User an e-mail to confirm the Purchase Price of the Goods and the date of its delivery. 

6.2 The Operator is obliged to acquaint the User in advance that it is a Customized Product. The Purchase Agreement where the subject-matter of the performance of the contract is such a product will be concluded only at the moment of the User's further consent to such performance.

VII. Delivery Terms

7.1 The Goods will be delivered to the User by transport service to the place specified by the User in the Order. 

7.2 If the User does not specify the method of delivery of the Goods, it is determined by the Operator, unless otherwise stated in the Purchase Agreement. If the mode of transport is arranged on the basis of the User's requirement, the User bears the risk and any additional costs associated with this mode of transport. 

7.3 If the Operator is obliged under the Purchase Agreement to deliver the Goods to the place specified by the User in the Order, the User is obliged to take over the Goods upon delivery. If the User does not take over the Goods upon delivery, the Operator is entitled to require a storage fee of CZK 200 or the Operator is entitled to withdraw from the Purchase Agreement.

7.4 If, for reasons attributable to the User, the Goods must be delivered repeatedly or in a different way than the one specified in the Order, the User is obliged to pay the costs associated with repeated delivery of the Goods, or the costs associated with a different way of delivery. 

7.5 Upon receipt of the Goods from the carrier, the User is obliged to check the integrity of the packaging of the Goods and in case of any defects and in case of any defects immediately notify the carrier. In case of broken packaging that indicates unauthorized entry into the consignment, the User does not have to take over the consignment from the carrier. By signing the delivery note, the User acknowledges that the packaging of the consignment containing the Goods is intact. If the User finds out that the packaging is broken only after receipt of the Goods, the User shall complete the "Record of damage to the consignment" and send it immediately (but no later than 24 hours from receipt of the Goods) to the Operator to the e-mail address according to point 1.8 of GT&C.

VIII. Withdrawal from the Purchase Agreement

8.1 The User may withdraw from the Purchase Agreement if the contracting parties agree and/or if it is established by law.

8.2 The User acknowledges that it is not possible, among others, to withdraw from the Purchase Agreement for the delivery of Customized Products (see Article VI of GT&C) as well as perishable Goods (see Article VII of GT&C), Goods subject to wear and tear and/or obsolescence and Goods whose nature precludes it (in particular for hygienic reasons). Furthermore, it is not possible to withdraw from the Purchase Agreement for the delivery or audio recordings and/or video recordings and computer programs if the User has broken their original packaging. 

8.3 If it is not a case specified in point 8.2 of GT&C or another case when it is not possible to withdraw from the Purchase Agreement, the User has the right to withdraw from the Purchase Agreement in accordance with the provisions of § 1829, Section 1 of the Civil Code, within 14 days of receipt of the Goods. The User must send a Letter of Withdrawal from the Purchase Agreement within 14 days after receipt of the Goods. The User bears the costs associated with the return of the Goods to the Operator. However, provisions of § 1829, Section 1 of the Civil Code cannot be understood as a possibility of free rental of Goods.

8.4 If the User decides to exercise his/her right to withdraw from the Purchase Agreement, he must hand over to the Operator everything he has obtained on the basis of the Purchase Agreement. If this is no longer possible (e.g. in the meantime the Goods have been destroyed, their sterility has been impaired – in the case of such Goods, or the Goods have been consumed), the User must provide cash compensation in return for what can no longer be handed over. In the case of withdrawal from the Purchase Agreement, the Purchase Agreement is annulled from the beginning. The Goods must be returned to the Operator without undue delay, but no later than 14 days after the withdrawal from the Purchase Agreement. The Operator does not accept any unsolicited cash-on-delivery parcels or items at the cost of the Operator. 

8.5 Within 14 days from the date of return of the Goods by the User, according to point 8.4 of GT&C, the Operator is entitled to examine the returned Goods, especially in order to check whether the returned Goods are not damaged, worn or partially consumed. 

8.6 In the case of withdrawal from the Purchase Agreement, the Operator shall return to the User payments made by the User, without undue delay after examining the Goods according to point 8.5. of GT&C, but no later than 14 days after the User's withdrawal from the Purchase Agreement, using a payment method specified by the User. 

8.7 The User acknowledges and agrees that if the Goods returned by the User are damaged, worn or partially consumed as a result of handling the Goods in any way other than what is necessary, taking into account the nature and characteristics of the Goods, the Operator is entitled to a decrease in the value of the Goods. The Operator is entitled to unilaterally offset his/her right for a decrease in the value of the Goods against the right of the User for a refund of the Purchase Price. 

8.8 Until the Goods are taken over by the User, both parties to the contract are entitled to withdraw from the Purchase Agreement at any time. In such a case, the Operator shall refund the Purchase Price without undue delay using the Payment Method specified by the User. 

8.9 If a gift is provided to the User together with the Goods, the donation contract concluded between the Operator and the User includes a termination clause stating that if the Purchase Agreement is withdrawn, the donation contract for such a gift ceases to be effective and the User is obliged to return the gift together with the Goods to the Operator. If the gift together with the Goods is not duly returned to the Operator, the Operator is entitled to unilaterally offset the value of the gift against the right of the User for a refund of the Purchase Price. 

8.10 To withdraw from the Purchase Agreement, the User may use the following withdrawal template; however, it is not an obligation.

Withdrawal template (the relevant parts of the text must be completed):Notice of withdrawal from the Purchase Agreement

 

 

I hereby declare that I withdraw from the Purchase Agreement of … (the date) for the Goods … 

 

 

8.11 The User may hand over the Letter of Withdrawal from the Purchase Agreement in writing, either in person or via a postal services provider to the Operator's shipping address or e-mail address (see point 1.8 of GT&C) (according to the User's choice).

8.12 The User is also entitled to contact the following inspection authority (applies to the Czech Republic) with complaints (if the User concludes that legal rights of consumers have been violated by the Operator): 

Česká obchodní inspekce

Štěpánská 567/15

120 00 Praha 2

http://www.coi.cz/

within 1 year from the date of the first claim against the Operator. In this regard, the Operator refers the User to the wording of Act No. 634/1992 Sb., Consumer Protection Act, as amended. 

IX. Warranty Terms and Conditions

9.1 The rights and liabilities of the contracting parties regarding the Operator's liability for defects, including the Operator's guaranteed liability, are governed by the relevant general binding rules (especially the provisions of § 2158 et seq. of the Civil Code). 

9.2 The Operator is liable to the User for the fact that the Goods are in compliance with the Purchase Agreement, in particular that they are defect-free. Compliance with the Purchase Agreement means that the Goods have the quality and functional characteristics provided for by the Purchase Agreement, described by the Operator, manufacturer or his/her representative, or expected on the basis of advertising, or the quality and functional characteristics are common to a thing of this kind. Compliance with the Purchase Agreement also means that the Goods comply with the requirements of legislation, they are in the appropriate quantity, size or weight and correspond to the purpose stated by the Operator for the use of the thing or for which the thing is usually used. 

9.3 If the Goods do not comply with the Purchase Agreement upon receipt, the User has the right to have the Operator bring the Goods into conformity with the Purchase Agreement free of charge and without undue delay, according to the User's request either by replacing the Goods or repairing them; if this is not possible, the User may request an appropriate reduction in the Purchase Price or withdraw from the Purchase Agreement. This does not apply if the User knew about the lack of conformity before accepting the Goods or he or she caused the lack of conformity himself/herself. A lack of conformity with the Purchase Agreement which becomes apparent within 6 months of receipt of the Goods shall be deemed to exist on receipt of the Goods unless it contradicts the nature of the Goods or the contrary is proven. 

9.4 If the Goods are not perishable or used, the Operator is liable for the defects which appear as a lack of conformity with the Purchase Agreement after receipt of the Goods during the warranty period (warranty). 

9.5 The User's rights arising from the Operator's liability for defects, including the Operator's warranty liability, are exercised by the User with the Operator. The User's rights arising from the Operator's liability for defects, including the Operator's warranty liability, are exercised with the Operator (see point 1.8 of GT&C). The moment of claim is considered to be the moment when the Operator received the claimed Goods from the User.

X. Quality Warranty

10.1 By the Quality Warranty, the Operator shall undertake that the Goods will be capable of being used for typical purposes for a specified time or that they will retain their usual characteristics.

10.2 The warranty period starts to run from the date of receipt of the Goods by the User. The Goods are delivered with a 24-month warranty unless otherwise stated. If a different period of use is marked on the Goods, their packaging or in the manual in accordance with special legal regulations, the warranty period expires at the end of the longest period. If the parties agree on a different warranty period than the period marked on the packaging as shelf life, the agreement of the parties shall prevail. 

10.3 The warranty period is extended by the time the Goods are repaired under such warranty. If the Goods are replaced during the warranty period, the new warranty period does not run. 

10.4 The Operator provides a warranty in writing (warranty card). If the nature of the Goods allows, it is sufficient to issue a bill of sale containing the details that must be included in the warranty card.

10.5 If an extended warranty (longer than statutory warranty) is provided, the Operator shall specify the conditions and the scope of the warranty extension in the warranty card. 

10.6 The warranty only covers manufacturing defects; it does not cover defects of the Goods (or their parts) caused by ordinary wear and tear, defects caused by improper or inappropriate use of the Goods or defects caused by improper handling and/or storage. In such a case, a shorter shelf life of the Goods cannot be considered as a defect and cannot be claimed as such. 

10.7 In particular, the warranty cannot be claimed in the following cases:

 

 

If the Goods were sold at a lower Purchase Price, the warranty cannot be claimed for the defect for which the lower Purchase Price was agreed.

10.8 The User does not have the right arising from warranty if the defect was caused by an external event after the risk of damage to the thing passed to him. This does not apply if the defect was caused by the Operator. 

XI. Claims

11.1 Claims can be filed at the Operator's registered office (see point 1.8 of GT&C). Claimed Goods can be delivered by post or courier service. It is advisable to send the Goods in the original packaging and/or suitable transport packaging as the Operator is not liable for any mechanical damage prior to receipt of the Goods. Do not insure the claimed Goods.

11.2 To settle the complaint, the User shall enclose the following particulars to the claimed Goods:

 

 

11.3 The User pays for transport of the claimed Goods. If the claim is not accepted, the User also pays the cost of transport back to him. 

11.4 If the claim is justified, the Operator shall send the repaired or replaced Goods back to the User at the expense of the Operator together with the reimbursement of the efficiently paid costs in exercising the right. The Operator does not accept any unsolicited cash-on-delivery parcels or items at the cost of the Operator. 

11.5 Claims, including the repair of defects, will be settled without undue delay, but no later than 30 days from the date of the complaint, unless the Operator and User agree on a longer period. After the expiration of this period, the User is granted the same rights as if it were a material breach of the Purchase Agreement. 

11.6 Time limits for settling claims are suspended if the Operator has not received all the documents necessary for settling the claims (parts of the Goods, other documents etc.). The Operator is obliged to ask the User to provide additional proof or supporting documents in the shortest possible time. Time limits are suspended from this date until the User delivers the requested documents. 

11.7 If the claim is not justified, the Operator informs the User about the possibility of performing a paid repair according to the valid price list. At the same time, the Operator informs the User mainly about the cost of repair, the extent of repair and the time needed to perform it. The Operator may perform paid repairs of the Goods only with the User's prior express consent. 

XII. Transportation claims

12.1 If the Goods are damaged in transit, the carrier shall be held liable for the damage. The Operator recommends that the User check the consignment immediately after receipt in front of the carrier to see whether the consignment is visibly damaged (crumpled, torn, soaking packaging, etc.) and if he finds defects, he immediately draw up a report with the carrier on damage to the consignment and he not accept the consignment (or immediately contact the Operator at his email address according to point 1.8 of GT&C). The Operator also recommends that the User does not allow the carrier to persuade him that the consignment was not well secured. 

XIII. GDPR

13.1 The Operator processes and protects personal data provided by the User in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (general regulation on personal data protection) and Act No. 110/2019 Sb., on the Processing of Personal Data, as amended. Detailed rules for the processing and protection of personal data are set out in the section "My progress > Settings> Personal Data Protection".

XIV. Final provisions

14.1 These GT&C have been valid since 01.09.2020.

14.2 If the legal relation established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relation is governed by Czech law. This provision does not affect the mandatory provisions of legal regulations concerning the protection of consumer rights valid in countries other than the Czech Republic. 

14.3 The Operator is entitled to sell the Goods on the basis of a trade licence and the Operator's activity is not subject to any other permit. Trade licensing is performed by the relevant trade licensing office within the scope of its competence. 

14.4 If any provision of the GT&C is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning as is close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. 

14.5 The Purchase Agreement, including the GT&C, is archived with the Operator in electronic form and is not accessible. The Operator shall issue one copy of the Purchase Agreement to the User in the form of an electronic confirmation of the User's Order, sent to his or her e-mail address specified in the User account. 

14.6 The Operator is not bound by any codes of conduct within the provisions of § 1826, subsection 1 letter e) of the Civil Code.

  1. No commitment. The plan will be automatically renewed after the end of the trial period.
  2. Spiralista requires iOS version 12 or higher for iPhone and Android 8 or higher for Android telephones.
  3. The Spiral stabilization exercise method requires the use of special exercise equipment
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