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Terms and conditions

Fiveman s.r.o. with registered office at Růžová 14, Opava, postal code 746 01, ID: 6212654, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 71076 (hereinafter referred to as the “Seller”), for the sale of the starting fee for the race which is part of Fiveman World Extreme Series – Run Mid Europe (the “Event”) and other services or merchandise related to this Event via an online store located at www.fiveman.com.

1.  INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of the Seller shall govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code (the “Civil Code”), the mutual rights and obligations of the parties (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another individual (the “Purchaser”) through the Seller’s Internet Store, the main object of which is the purchase of services in the form of starting fee and other additional services or goods related to Event (hereinafter referred separately as “the subject of purchase”). The e-shop is operated by the seller on a web site located at www.fiveman.com (hereinafter referred to as the “webpage”) through the web interface (hereinafter referred to as the “web interface”).

1.2.  Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.

1.3.  Terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the English language.

1.4.  The seller may change or add the wording of Terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

1.5.  Buyer agrees to use remote means of communication when ordering the subject of purchase. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself.

1.6. These Terms of Conditions also:

a) inform buyer-consumers of their rights under the contract and of consumer protection legislation;

b)  contain the consent of buyers-natural persons to process the personal data to the vendor, and inform the data subjects of what period, for what purpose and for what personal data consent is given.

1.7. Buyer-consumer is any person who, outside the scope of his / her business or outside the scope of the independent exercise of his / her occupation, concludes a contract with the business-seller or otherwise deals with it (hereafter referred to as the “consumer”).

1.8. These terms and conditions are displayed on the web site and are thus enabled to archive and reproduce them to buyers.

1.9. In the case of dispute between the seller and the buyer-consumer arises from a purchase contract that can not be settled by mutual agreement, the buyer-consumer may submit a proposal for out-of-court settlement of such a dispute to a designated body for out-of-court settlement of consumer disputes such as the Czech Trade Inspection, Central Inspectorate – ADR Unit, Štěpánská 15, 120 00 Praha 2, e-mail: adr@coi.cz, web: adr.coi.cz.

2.  USER ACCOUNT

2.1.  The buyer orders the item to buy directly from the web interface after registration.

2.2.  When registering on a website and when ordering a subject of purchase, the buyer is obligated to indicate correctly and truthfully all data. The buyer is obliged to update the information given within the order and to inform the seller about any change. The information given by the buyer when ordering the subject of purchase is considered as correct by the seller.

3.  CLOSING OF THE BUYER CONTRACT

3.1.  The possibility of registering for a given plant in a web interface is informative and the seller is not required to conclude a purchase contract for this item of purchase. Provision of § 1732 section 2 of the Civil Code is not applied..

3.2.  The web interface contains information about the subject of the purchase, especially the price of the individual items of the purchase. Purchase prices remain valid for as long as they are displayed in the web interface. This provision does not limit the seller’s ability to conclude a purchase contract for individually negotiated terms.

3.3.  To order the subject of purchase, the buyer will fill in the order form in the web interface. The order form contains, in particular, information about:

3.3.1. ordered starting fee,

3.3.2 ordered additional services or goods,

3.3.2. the method of payment of the purchase price (collectively referred to as the “Order”).

3.4.  Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer’s ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking the “Register” button. The data listed in the order they are considered to be correct by the seller. On receipt of the order, the seller will acknowledge receipt of the receipt to the buyer by e-mail, to the e-mail address of the buyer specified in the order (hereinafter referred to as the “buyer’s electronic address”).

3.5.  The contractual relationship (purchase contract) between the seller and the buyer arises from the completion of the registration (acceptance), which is sent to the buyer by the seller via e-mail, to the e-mail address of the buyer.

3.6. Kupující bere na vědomí a souhlasí s tím, že prodávající, resp. pořadatel je oprávněn v důsledku nevhodných klimatických podmínek kdykoliv změnit délku a místo trati závodu zařazeného do Akce.

4.  PRICE OF STARTING FEE AND PAYMENT CONDITIONS

4.1.  The buyer may pay the buyer’s purchase price in accordance with the purchase contract in the following ways:

    • by wire transfer to the seller’s account;
    • cashless by credit card;

4.2.  In the case of non-cash payment, the purchase price is payable within 5 days of the purchase contract being concluded.

4.3.  In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.

4.4. The price is determined for the following categories as follows:

RUN MID EUROPE – MEN 

1.990 EUR

RUN MID EUROPE – WOMAN 

1.990 EUR

RUN MID EUROPE – COUPLE 

1.990 EUR

RUN MID EUROPE – COUPLE/2

1.990 EUR

RUN MID EUROPE – TEAM  

2.990 EUR

RUN MID EUROPE – TEAM/4

2.990 EUR

 

5. WITHDRAWAL FROM THE BUYER’S CONTRACT

5.1.  The Buyer-Consumer acknowledges that, under provision of  § 1837, section j) of the Civil Code (Act No. 89/2012 Coll.), it is not possible to withdraw from the purchase contract, the object of which is the sale of the starting fee for the race included in the Action.

5.2. If this is not the case under paragraph 5.1. of this article or of any other exception in § 1837 of the Civil Code where the consumer can not withdraw from the contract if immediately after receiving the item of purchase, but no later than within 14 days, the consumer discovers that the goods do not comply for any reason, from the contract. If the consumer chooses to use this right, the notice of the exercise of the right to withdraw from the contract must be sent to the seller before the expiration of the relevant period. In the notice of withdrawal, the consumer identifies the contract, in particular, his name and surname, the order number and date of purchase, and the bank account number or address to send the returned purchase price. For the notice of withdrawal, the consumer may use the model notice. At the same time, the buyer/consumer is obliged to return the goods within 30 days of withdrawal, complete, with complete documentation, undamaged, in the condition and value of the goods. The money for the returned goods will be returned to the consumer within 14 days of the withdrawal of the buyer’s agreement and the receipt of the returned goods. The cost of returning goods (postage) is borne by the consumer. Money seller sends, at the buyer’s request, to an account or by foldout to the address. The seller is entitled to refuse to pay (repayment of the purchase price) until the buyer-consumer fulfills his obligation to return the goods taken over.

5.3. The Seller emphasizes that the 14-day withdrawal period applies only to the buyer-consumer and only to those contracts which do not qualify for exemption under Paragraph 1837 of the Civil Code and in no case apply to a non-consumer buyer.

6. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

6.1.  The buyer acquires the right to participate in the Action by paying the full purchase price of the starting fee and the allocation of the starting number by the organizer of the event in question in the manner specified in Article 3, paragraph 3.4. and 3.5. of these Terms and Conditions.

6.2.  The issued start number can only be picked up personally at a place specified by the seller on presentation of a proof of identity of the buyer (identity card, driving license, passport or other document issued by an official authority) where the same data as the sales contract is, or to assign to another person an officially certified a power of attorney to pick up the startup package. In his power of attorney, the buyer (principal) will be listed with his registration number and a proxy who will prove himself / herself by submitting his / her identity document. In the case of team races, one team member can receive a startup package for the whole relay after presenting an identity document and a sales contract with the assigned start number.

6.3. Any earlier or later sending of a start number (startup package) by post or other delivery of the launch package is not possible. Unselected packages can not be picked up and claimed later.

6.4. Each buyer has to show a purchase contract with the assigned start number on the Action.

6.5. Participation in the Action is not legally enforceable. The seller, respectively. the organizer of the Action in question reserves the right not to allow the start of the Action to any buyer, especially to any person who violated any Action or Fair Play rule or good behavior rules. Such person will be refunded to the account he / she stated when registering.

6.6.  Out-of-court consumer complaints are handled by the seller via the electronic address fiveman@fiveman.com Buyer’s complaint information will be sent by the seller to the buyer’s electronic address.

6.7.  The buyer hereby takes on the risk of changing circumstances in accordance with paragraph 1765 section 2 of the Civil Code.

7.  DECLARATION OF THE BUYER

7.1. Buyer declares that:

  • is completely healthy without any health restrictions that would restrict or disable his participation in the Action;
  • participate in the Action from its free will, solely on its own responsibility and dangers, and assumes all responsibility arising from this decision;
  • that he was aware of all the security rules of the Action;
  • will respect and obey all the instructions of the organizer or persons related to the organizer of the event;
  • notes that the Action is physically exhausting and psychologically challenging, and understands that the risk of serious injury may also occur during the course of the event. He has considered this situation and is taking this risk on a voluntary basis;
  • consider and fully take on the risks associated with individual obstacles that can change during the course of the Action itself, may be released or released, and may result in serious personal injury to his or her life. Seller and Promoter does not assume any responsibility for these situations;
    • agrees with all the hazards of the action line, known or unknown;bere na vědomí, že za stav sportovní výstroje a vybavení si odpovídá sám;
    • bere na vědomí, že má automaticky v rámci registrace uzavřeno úrazové pojištění ve vztahu k jeho účasti na příslušném závodu zařazeného do Akce.

7.2. Buyer is aware of the fact that the seller or organizer is not responsible for his / her health caused or caused by participation in the Action. It is the buyer’s responsibility to have his / her health condition checked and read any information provided by the organizer before the Action.

7.3. The Buyer further irrevocably waives the right to compensation for any damage which he or she may have, contractually or unconditionally, for any type of damage suffered directly or indirectly, whether in the form of physical injury, damage property, loss of work ability, or pain and suffering due to or as a result of his participation in the Action. This waiver and waiver of liability is for the benefit of the seller, organizer and all of their agents, agents and subcontractors and all other persons participating in the Action actively or as spectators.

7.4. The Buyer further notes that all activities and meetings at the venue of the Event, which by their nature can not be subordinated to participation in the Action, are his private affairs. For such behavior and its possible consequences, neither the seller nor the organizer of the Action has any responsibility.

8.PROTECTION OF PERSONAL DATA

8.1.  Protection of the buyer’s personal data, which is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.

9.  FINAL PROVISIONS

9.1.  To successfully register a buyer, you need to:

a)  to the vendor and partners of the Action to grant consent to the processing of personal data in the form specified in the registration form and further on;

b) to approve these terms and conditions of the seller;

9.2. If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights under generally binding legal regulations.

9.3. If any provision of the Terms of Conditions is invalid or ineffective, or becomes so, instead of invalid clauses, a provision will be enforced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.

9.4.  The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

9.5.  Seller’s contact details: delivery address Fiveman s.r.o., Růžová 14, Opava, postal code 746 01, e-mail address fiveman@fiveman.com, phone +420 604 765 565

In Opava: 17. 5. 2018