pursuant to Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended

Provider

MORE THAN PILATES s.r.o.

Registered office: Praha 1, Karolíny Světlé 303/4, postal code 110 00

ID No.: 28436661

VAT No.: CZ28436661

Incorporated in the Companies Register administered by the Municipal Court in Prague, Section C, Entry 141383

for the sale and provision of services through an online store located at the Internet address www.morethanpilates.cz, hereinafter referred to as “Provider“.

contact email: mail@morethanpilates.cz

contact phone: +420 224241322

Opening Provisions

These General Terms and Conditions of the Provider apply to the sale and provision of services in the online store under the “reservation“ icon via the web interface located at the Internet address www.morethanpilates.cz (hereinafter also referred to as “Web Interface“) operated by the Provider.

All presentation of services placed in the Web Interface is for information only and does not represent an offer on the part of the Provider (or its proposal for conclusion of a contract; Section 1732(2) of the Civil Code shall not apply).

All contractual relations between the Provider and the Client shall be governed by these General Terms and Conditions. Relations that are not covered in these Gerenal Terms and Conditions shall be governed by Act No. 89/2012 Coll., the Civil Code, and, if a consumer is the contracting party, by Act No. 634/1992 Coll., on consumer protection, as amended.

The General Terms and Conditions form a part of the “MTP“ online store and define and specify the basic rights and obligations of the Provider and the Client. The Client acknowledges that the General Terms and Conditions are binding on the contracting parties. By sending an order as well as by making a confirmation in the Web Interface, the Client also confirms to be acquainted with and to accept these General Terms and Conditions.

The provisions of the General Terms and Conditions form an integral part of each purchase contract (a “purchase contract“ herein means any contract concluded pursuant to these General Terms and Conditions). The purchase contract and the General Terms and Conditions are executed in the Czech language.

For persons who purchase services from the Provider within the framework of their business or self-employment activity, the consumer protection mentioned in these General Terms and Conditions shall not apply; in particular, the respective provisions of Article 5 – Withdrawal from Purchase Contract shall not apply.

Definitions

A Client is a natural person or a legal entity who intends to order services through the web interface.

A consumer is any person who concludes a contract or otherwise deals with an entrepreneur outside the framework of their business or self-employment activity.

Services sold and provided through the Web Interface are services in the field of physical education, sports and healthy lifestyle, particularly Pilates services, various types of individual and group workouts (including personal trainer services, workshops).

Happy lunch hours are advantageous Pilates classes organized every weekday from 12:00 p.m. and every Friday from 12:00 p.m. and 1 p.m.

Conclusion of Contract

The Client orders services:
1) within the framework of registration in the Web Interface, i.e. directly via the Web Interface, or
2) without registration in the Web Interface, i.e. directly via the Web Interface – by filling in a form.

An order without registration (an order placed otherwise than from the user account) has to include the exact name of the service ordered (or its numerical designation), quantity (or length) and the Client’s personal data (first name and surname, phone number, email address).

Based on the registration made by the Client in the Web Interface, the Client can access their user interface. From their user interface, the Client can order services (hereinafter referred to as “user account“). The Provider shall not be responsible for possible misuse of the user account by third parties.

The Provider may cancel the Client’s user account, particularly in case the Client has not used the user account for more than 1 year, or in case the Client breaches their obligations resulting from the respective purchase contract (including these General Terms and Conditions).

To order a service, the Client shall fill in the order form in the Web Interface which includes particularly information about the service, the method of payment and the Client’s identification data.

Prior to submitting an order to the Provider, the Client can check and change information entered in the order. The Client shall submit the order to the Provider by clicking the “Confirm“ button. Information included in the order shall be regarded as correct by the Provider.

A purchase contract between the Provider and the Client shall be concluded upon acceptance of the order by the Provider that shall be sent to the Client by email to the Client’s email address.

Under the purchase contract, the Provider undertakes to supply the Client with the services specified in the order and the Client undertakes to pay to the Provider for the provided service the purchase price of the service specified in the order.

The Web Interface contains a list of services and information about them, including the prices for the individual services. The prices listed are final prices (including all fees, costs, VAT). The prices for the services presented shall remain valid for the time during which they are shown in the Web Interface. Possible discounts from prices for services granted by the Provider cannot be combined unless the Provider expressly states otherwise.

The Client agrees with the use of remote communication means for concluding the purchase contract. Costs incurred by the Client when using remote communication means in connection with conclusion of the purchase contract (particularly costs of the Internet connection, costs of phone calls) shall be paid by the Client.

Payment Terms and Provision of Service

The Client shall specify the method of payment in the order. The Client has the possibility to pay to the Provider the price for the services listed in the Web Interface using any of the following methods of payment:

1) by bank transfer to the account specified while effecting the payment,

2) in cash, in the place specified in the Web Interface for the use of the service,

3) by payment card, in the place specified in the Web Interface for the use of the service.
The price for the service shall be paid in Czech crowns (CZK). In case of payment by bank transfer, the Client shall be obliged to pay the purchase price for the service together with indicating the variable symbol of the payment – the order number. In case of payment by bank transfer, the Client’s obligation to pay the purchase price shall be fulfilled at the moment the respective amount is credited to the Provider’s account. The purchase price has to be paid prior to provision of the service.

In case of cash payment, the purchase price shall be paid at the time when the service is provided. Unless otherwise agreed, the purchase price shall be paid prior to commencement of provision of the service. In case of payment by bank transfer, the purchase price shall be paid within 7 working days after conclusion of the purchase price, but it has to be always paid prior to provision of the service.

Advantageous workout “Happy lunch hours“ has to be paid for in cash prior to provision of the service in the place specified in the Web Interface.

The service is provided in the place and at the time specified in the Web Interface.

Withdrawal from Purchase Contract

The Client acknowledges that they have the right to withdraw from the contract within 14 days after its conclusion in case the service has not been provided yet.

The Client may send the notice of withdrawal from the purchase contract to the Provider’s contact address or email address.

The Provider shall refund the pecuniary means accepted from the Client on the basis of the purchase contract. The Provider shall refund the money within 14 days after the Client‘s withdrawal from the purchase contract; the money shall be refunded (i) in the same manner in which it was received from the Client.

If the Client withdraws from the contract and the Provider started performing on the basis of the Client’s express request prior to expiration of the period for withdrawal from the contract, the Client shall pay to the Provider a proportional part of the price agreed for performance provided until the moment of withdrawal from the contract.

Cancellation Terms

The Client may cancel orders that the Provider has not confirmed so far by phone or email using the Provider’s contact phone number or email address, or through the reservation system in the Provider’s Web Interface. All orders accepted by the Provider are binding.

The Provider shall charge the Client with a fee for cancelling/rescheduling an individual or group Pilates class as follows:

0% from class price: if the class is cancelled/rescheduled more than 12 hours prior to the commencement of the class

100% from class price: if the class is cancelled/rescheduled less than 12 hours prior to the commencement of the class

100% from class price: if the Client fails to attend the class

The Provider shall charge the Client with a fee for educational events (workshops and certification programmes) as follows:

50% from event price: if the reservation is cancelled more than 7 days prior to the commencement of the planned event

75% from event price: if the reservation is cancelled more than 3 days prior to the commencement of the planned event

100% from event price: if the reservation is cancelled 1 day prior to the commencement of the planned event

0% from event price: if the Client finds a substitute for themselves

The refund of a part of the purchase price in case the order is cancelled in accordance with the aforementioned principles shall be performed in the form of increase of the credit in the Client’s account in the MTP reservation system.

Liability for Defects 

The Client’s rights from defective performance shall be governed by the relevant provisions of the Civil Code.

The rights from defective performance, including warranty liability, shall be exercised by the Client with the Provider at the Provider’s contact address, or in the place of provision of the service. The day of lodging a complaint is the day on which the Provider received a notice of complaint concerning the service from the Client.

The Provider is responsible towards the Client for the provided service being in conformity with the purchase contract.

Received complaints are always handled without unnecessary delay, but no later than 30 days from the date on which the complaint was lodged, unless the Provider and the Client agree otherwise.

In the event of a disputable complaint, the Provider shall decide on its acceptance within three working days after the complaint was lodged.

Personal Data Protection

Protection of the personal data of the Client who is a natural person shall be granted in accordance with Act No. 101/2000 Coll., on personal data protection, as amended.

The Provider declares that all provided personal data of the Client shall be regarded as confidential, shall only be used for internal needs and shall not be misused by the Provider.

The Client agrees with processing and collection of their following personal data: first name and surname, address of residence, delivery and billing address if different from the address of residence, identification number and tax identification number, email address and phone number, and possible other personal data specified in the order or while registering the user account (together hereinafter referred to as “Personal Data“), until the moment the Client expresses their disagreement with such processing in writing.

The Provider may entrust a third party, as a processor, with processing the Client’s Personal Data.

The Client has the right to access their Personal Data and the right to make corrections thereof, including any other statutory rights concerning the Personal Data. The Client declares to have been instructed that the Personal Data can be removed from the database on the basis of the Client’s written request. The Client’s Personal Data are fully secured against misuse. The Provider shall not hand the Client’s Personal Data over to any other person with the exception of persons participating in provision of the service to the Client, to whom customers‘ personal data are handed over in the minimum extent necessary for provision of the service.

The Personal Data shall be processed for an indefinite period of time. The Personal Data shall be processed in electronic form in automated manner or in printed form in non-automated manner.

The Client confirms that the provided Personal Data are correct and that the Client was instructed that the Personal Data are provided voluntarily.

If the Client asks for information about the processing of their Personal Data, the Provider shall be obliged to provide the Client with such information. The Provider shall be entitled to request, for provision of information under the previous sentence, a reasonable compensation not exceeding the costs necessary for provision of that information.

The Client agrees that information related to the Provider’s services or business can be sent to the Client’s email address. The Client also agrees that the Provider may send them commercial messages. The Client may withdraw their consent under the previous sentences at any time.

Final Provisions

In issues not covered by the purchase contract (including the order and its acceptance) and the General Terms and Conditions (and possibly by communication between the parties), the legal relationship shall be governed by terms and conditions specified in the Web Interface. Information about the individual technical steps leading to the conclusion of the purchase contract can be found in the Web Interface.

The Provider is entitled to provide services on the basis of a trade licence and a retraining certificate, file No.: 029/2010-50-A. The Provider’s activity is not subject to any other licence.

Should any provision of the General Terms and Conditions be or become invalid, ineffective or inapplicable (even for the reason of its incompatibility with the consumer protection right), the invalid provision shall be replaced with a valid provision whose meaning is as close as possible to the meaning of the invalid provision. Invalidity, ineffectiveness or inapplicability of any provision shall not affect the validity of the remaining provisions. Any changes of or amendments to the purchase contract or the General Terms and Conditions have to be made in writing.

The Provider shall provide the Client with the purchase contract including the General Terms and Conditions, at the Client’s request, in written form (in electronic form by email).

The Provider may change or amend the wording of the General Terms and Conditions. The rights and obligations of the contracting parties shall always be governed by the wording of the General Terms and Conditions that was effective at the time the given rights and obligations were created.