Terms & Conditions

Company MERX TRADE, s.r.o.

ID: 09594566 VAT: CZ09594566

with registered office at Nové sady 988/2, Staré Brno, 602 00 Brno, Czech Republic, a company registered in the Commercial Register maintained by the Regional Court in Brno, Section C 119557/KSBR (12.10.2020)

Online shop: fithyve.com

E-mail: hello@fithyve.com

Phone: + 420 607 577 903

These Terms and Conditions of MERX TRADE, s.r.o. for the sale of goods and services apply to the online shop located on the fithyve.com website and consist of the following articles:

Article 1 - General Provisions

Article 2 - Orders, Purchase Contract

Article 3 - Price of goods, payment terms and delivery

Article 4 - Order cancellation policy

Article 5 - Withdrawal from the Purchase Contract concluded by means of distance communication

Article 6 - Transport and delivery conditions

Article 7 - Rights arising from defective performance

Article 8 - Final provisions

Article 1.

General provisions

The Seller is the business company MERX TRADE, s.r.o., ID No.: 09594566, Tax ID No.: CZ09594566; with its registered office at Nové sady 988/2, Staré Brno, 602 00 Brno, Czech Republic, a company registered in the Commercial Register maintained by the Regional Court in Brno, Section C 119557/KSBR; date of establishment: 20.10.2020 (hereinafter referred to as "Seller").
The online shop is operated by the Seller on the website fithyve.com (hereinafter referred to as e-shop), through the web interface of the shop (hereinafter referred to as "Interface").

Article 2.

Orders, purchase contract

These Terms and Conditions govern the mutual rights and obligations of the parties entering into a purchase contract (hereinafter referred to as "Purchase Contract") concluded between the Seller and any natural person who orders products or services (hereinafter referred to as "Buyer" or "You") through the Seller's e-shop. These Terms and Conditions as such, together with the Privacy Policy, form an integral part of the Purchase Agreement and by entering into the Purchase Agreement the Buyer confirms that he/she has read these documents. These terms and conditions do not apply to natural persons who, in the course of their business activities or in the course of their independent exercise of their profession, enter into a contract with the Seller.
By using the e-shop, the Buyer accepts the Privacy Policy, which applies to all information entered by the Seller through the interface and which may be collected during this process in accordance with applicable laws. The full text of the Policy can be viewed HERE.
By submitting an order, the Buyer confirms all of the following (a-d) and that the Buyer:

(a) is of legal age or has obtained permission from a guardian to place the order,
(b) is familiar with these Terms and Conditions and any supplemental documents,
(c) has the capacity to enter into a legally binding agreement; and
(d) consents to the collection and processing of personal data within the scope of performance of the subject matter of the concluded purchase agreement.

All presentation of the goods on the interface is only informative and the Seller is not obliged to conclude a purchase contract for these goods. The provisions of Section 1732(1)(2) of the Civil Code shall not apply.
The Buyer agrees to the use of remote means of communication in connection with the conclusion of the Purchase Contract and the Seller shall not be liable for any costs incurred by the Buyer in connection with the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of Internet connection, telephone charges, etc.).
To order the products, the Buyer shall fill in the order form in the section "Basket" The order form contains in particular information concerning (a-d):

(a) the goods to be ordered (the Buyer places the goods in the electronic "Basket" in the Interface and can select additional services in the "Basket"),
(b) the method of payment of the purchase price,
(c) the desired method of delivery with associated costs; and
(d) additional services (if applicable) and associated costs

(dále také "Objednávka" nebo "Zadání Objednávky").

The Purchase Contract shall become effective at the moment when the Buyer receives the "Order Confirmation" e-mail from the Seller together with the documents in permanent form. The supporting documents can be viewed on the following pages: Terms and Conditions , Privacy Policy
The Buyer may also place an order by e-mail, telephone or other means of remote communication under the conditions specified in the Interface (on the e-shop website). Regardless of the method by which the order was placed, it is valid only after the Buyer receives the "Order Confirmation" email.
Before submitting the order, the Buyer has the possibility to check and change the personal data entered in the order so that he/she can correct any errors made while filling in the order form or even not to submit the order. The Buyer sends the order to the Seller by clicking on the "Order and Pay" button. The Seller shall not be liable for non-receipt or non-acceptance of the order or for receipt of incorrect information, whether provided intentionally or unintentionally.
The Buyer is entitled to
By entering into the Purchase Contract, the Seller shall be obliged to hand over the goods to the Buyer and allow the Buyer to acquire title to the goods, and the Buyer shall be obliged to accept the goods and pay the Seller the purchase price.

Article 3.

Price of goods, payment terms and delivery

The interface provides information about the goods and services provided, including prices of individual products. The prices are inclusive of VAT and all related charges. The price of the goods does not include any charges for transport, delivery or payment method, the amount of which depends on the Buyer's choice and are only indicated within the Basket.
Product prices are valid at the time the order is shipped, except for cancellations by the Seller.
Methods of payment and their conditions are listed in the "Shipping and Payment". The Seller does not accept any payment methods other than those listed in the above section and available in the "Cart" section and shall not be liable for any damages that may result if the Buyer attempts to pay by any other method.
The Buyer shall pay to the Seller the purchase price of the Products together with the cost of shipping and handling at the agreed amount, unless otherwise expressly stated.
In the event of a delay in delivery, the Buyer will be informed of this fact by e-mail. Otherwise, the Buyer will receive an e-mail confirming that his order has been dispatched.
The Buyer accepts that the Seller may announce marketing promotions, such as a Gift with purchase. The rules of these promotions can be found in the link next to the respective promotion provided. In this case, these rules form an integral part of the Terms and Conditions. If the Seller provides the Buyer with a free gift with the purchase, unless otherwise stated in the terms and conditions of the respective promotion, its return in case of withdrawal from the Purchase Contract (even partial) is linked either to a specific product, in the return of which the Buyer is also obliged to return the free gift; or the Buyer is obliged to return the free gift if, when ordering multiple products, the Buyer withdraws from the order in such an amount that the condition of the minimum value of the purchase for retaining the free gift is not met.
The Seller may issue the following discount codes (a-b) to Buyers:

(a) "Value Discount Code "entitles registered and logged-in Buyers to claim a fixed-value discount when placing an order. Once the code is active, the purchase price will be reduced by the specified fixed discount value in the shopping cart. In the case of applying the code when purchasing multiple items, the discount will be applied to each item separately and in proportion to its amount to the purchase price of the ordered goods.
(b) "Percentage Discount Code "entitles registered and logged-in Buyers to apply a percentage discount when placing an order. Once the discount code is active, the price of the goods in the basket will be reduced in proportion to the entered discount percentage.

The discount code is inserted in the "Insert new discount code," field in the Cart section. Discounts provided by the Seller to the Buyer cannot be combined with each other.

The Buyer acquires ownership of the goods either by paying the full purchase price of the goods or by taking possession of the goods from the Seller or by mutual agreement of a third party.

Article 4.

Order cancellation policy

The Buyer may cancel the Order after and after its acceptance by the Seller, by phone (+420 607 577 903) or by e-mail sent to hello@fithyve.com; until the Seller arranges delivery to the Buyer. Please indicate the order number in the written cancellation. The order number is indicated in the order confirmation, sent to the specified email address after the order has been accepted, and in the order summary in the Buyer's user profile (for more information on user profiles, see Privacy Policy). If the Buyer cancels the Order after the Seller has arranged shipping, the Seller recommends that the Buyer does not take delivery of the Order, so that it can be delivered back to the Seller.

The Seller reserves the right to cancel the Order or any part thereof in any of the following circumstances (a-e):

(a) the Goods are no longer manufactured or supplied;
(b) the Supplier has significantly changed the price;
(c) where there is a manifest error in the price of the goods (i.e. the price is manifestly different from the normal price for that type of goods). An obvious error in the price of the goods is, for example, a price 60% lower than the normal price for that type of goods;
(d) the billing information provided is incorrect or cannot be verified;
(e) the Seller fails to deliver to the delivery address provided;
(f) the Buyer has in the past breached its obligations under the contract of sale to the Seller;
(g) the Buyer has failed to take delivery of the goods delivered by the carrier within the time period specified for doing so;

If such a situation arises, the Seller will immediately inform the Buyer in order to agree on further action. In the event that the Buyer has already paid the price of the goods before cancelling the Order, the funds for the undelivered goods (including shipping costs) will be refunded to the Buyer in the manner in which the purchase price was paid or in a manner agreed between the Seller and the Buyer.

The Seller reserves the right not to accept the Order or to withdraw from the Purchase Contract (Commercial sale of goods offered by MERX TRADE, Ltd. is not permitted. The Seller reserves the right not to accept the Order or to withdraw from the Purchase Contract if it becomes aware of the Buyer's intention to resell the goods commercially).

Article 5.

Withdrawal from the Purchase Contract concluded by means of distance communication

The Buyer is entitled to partially or completely withdraw from the purchase contract without stating a reason within 30 days from the receipt of the goods by the Buyer or a third party designated by the Buyer (other than carriers), or from the receipt of the last piece of goods, if the Buyer orders several pieces of goods that are delivered separately within one order. The Buyer must send the Seller a notice of withdrawal within this period. The Buyer shall then return the goods to the Seller without undue delay, no later than 14 days from the date of withdrawal.
For the withdrawal from the purchase contract, the Buyer may use the template provided by the Seller, which forms an annex to these terms and conditions (see Annex I). We recommend that the Buyer sends a clear notice of withdrawal to the e-mail address hello@fithyve.com of the Seller.
The Seller shall refund the Buyer within 14 days of the Buyer's withdrawal from the Purchase Contract, but not before the Buyer proves to the Seller that it has sent the goods back, whichever is earlier.
When returning goods ordered using a discount code, only the amount paid for the returned item will be refunded to the Buyer.
In addition to the refund of the purchase price, in the event of a complete withdrawal from the contract, the Buyer is entitled to a refund of the costs associated with the delivery of the goods, up to a maximum of the price of the cheapest shipping offered by the Seller. The costs associated with the return of the goods shall be borne by the Buyer.
The Buyer acknowledges that it is not possible to withdraw from the Purchase Contract in cases specified in applicable legislation, including but not limited to the provisions of § 1837 of the Civil Code, in particular in cases (a-d):

(a) from a contract for the supply of goods that have been modified according to the Buyer's wishes;
(b) from a contract for the supply of perishable goods and goods which have been irretrievably mixed with other goods after delivery;
(c) from a contract for the supply of goods in sealed packaging which have been removed by the consumer and cannot be returned for hygiene reasons;
(d) from a contract of sale for the supply of digital products where access to the digital product has been initiated.

The withdrawal from the purchase contract can be refused if the goods were purchased by an entrepreneur or a legal entity. In such cases, the relevant provisions of the Civil Code apply.
The Buyer acknowledges that if the returned goods are damaged, used beyond their intended purpose or even partially consumed, or if their value has been otherwise reduced as a result of handling the goods in a manner other than necessary for the Buyer to become acquainted with the nature, characteristics and functionality of the goods, the Seller shall be entitled to compensation for damages incurred by the Buyer. The Buyer acknowledges that the amount of compensation for damages will be determined by the Seller with regard to the condition of the returned goods and in the event that the goods are assessed by the Seller as unsaleable, the claim for compensation may be unilaterally set off against the Buyer by the Seller.
In addition to the withdrawal from the Purchase Contract without giving any reason (as per this article of the Terms and Conditions above), the Buyer may also withdraw from the Purchase Contract if the Seller is in default in delivering the goods, if the Seller fails to fulfil its obligation even within an additional reasonable period of time granted by the Buyer. The Buyer may withdraw from the Contract without additional time only if the Seller has refused to perform or performance at the specified time is necessary in view of the circumstances at the conclusion of the Contract of Purchase or the Buyer has notified the Seller before the conclusion of the Contract of Purchase that delivery at a specified time is necessary.

Article 6.

Transport and delivery conditions

Delivery methods and their conditions are listed in the "Shipping and Payment" section of the Interface. Delivery is provided by the Seller within the European Union. Shipping costs may vary depending on the shipping method. The specific delivery method is chosen by the Buyer with the current price list available in the "Cart" section.
In the event that the Buyer has been delivered goods of the Seller that the Buyer did not order, the Seller recommends the Buyer to contact the Seller's customer service without undue delay after delivery, possibly by email or telephone.
Upon receipt of the goods from the carrier, the Buyer is obliged to check the condition and quality of the goods, especially the integrity of the packaging of the goods. In the event that the Buyer has received a shipment from the carrier that shows signs of damage or defects, the Seller recommends the Buyer to contact the Seller's customer service, possibly by e-mail or telephone. In the event that damage to the shipment is discovered, the Seller recommends that the Buyer make a record of the extent and nature of the damage to the goods, the accuracy of which shall be confirmed by the carrier. In case of receipt of a damaged shipment, the matter will be resolved with the carrier.
If, for any reason on the part of the Buyer, the Goods need to be redelivered, the Buyer agrees to reimburse the Seller for all costs associated with such redelivery.
After receipt of the shipment, the Buyer shall inspect the Goods and report any defects in writing within 24 hours of receipt, preferably including photo or video documentation, to the e-mail address: hello@fithyve.com. The Buyer is obliged to provide all assistance to the Seller so that the Seller can exercise its rights against the carrier arising from the Seller's contract with the carrier and other conditions relating to the transport of goods. The method of description of the defect and other necessary information is given in the following article Rights from defective performance.

Article 7.

Rights from defective fulfilment

The provisions of this article apply to the Buyer who is a consumer. The rights arising from defective performance in the event that the Buyer is a consumer are further governed by the Civil Code and the Consumer Protection Act. In the case of the purchase of products by a natural person in the course of his/her business, claims shall be governed by the relevant provisions of the Civil Code as amended.
The Seller shall be liable to the Buyer for the fact that the goods are free from defects upon receipt. The Seller warrants to the Buyer that at the time of acceptance of the goods by the Buyer (a-e):

(a) the goods have the characteristics agreed between the parties; in the absence of such agreement, the goods have the characteristics described by the Seller or the manufacturer or those which the Buyer expected having regard to the nature of the goods and based on the Seller's or the manufacturer's advertising;
(b) the goods are fit for the purpose declared by the Seller or for the purpose for which the goods are normally used;
(c) the goods conform in quality and workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen;
(d) the quantity, size or weight of the goods conforms to the Order;
(e) the goods comply with the requirements of the law

The provisions set out above do not apply to defects in goods sold at a lower price as a result of a defect, to normal wear and tear of the goods caused by their normal use, in the case of second-hand goods to a defect corresponding to the degree of wear and tear the goods had when taken over by the Buyer, to a tear or damage caused by the Buyer when taking over the goods, or if this results from the nature of the goods.
The right of defective performance does not apply to defects caused by the Buyer, in particular those resulting from use contrary to the instructions for use, defects caused by mechanical damage or natural elements. Therefore, the claim can be made for defects caused by defective materials or incorrect manufacturing technology.
The seller is not liable for damages caused by the function of the goods.
If a defect occurs within one year of receipt, the item is deemed to have been defective upon receipt, unless the nature of the item or the defect precludes this. This period does not run for the time during which the Buyer cannot use the goods, if the Buyer has rightly pointed out the defect.
The Buyer is entitled to exercise the right of liability for defects in consumer goods within 2 years from the date of receipt of the goods; this period may be extended by a declaration in the warranty certificate. In case of extension of the warranty period, the Seller shall specify the terms and scope of the extended warranty in the warranty certificate. In the absence of a warranty certificate, the tax document (invoice) shall serve the same purpose.
The moment of making a claim is the moment when the Seller is notified of the occurrence of the defect by the Buyer.
In the event of an unjustified claim, the Buyer undertakes to reimburse the Seller for the costs reasonably incurred in connection with the claim procedure beyond the normal method of handling (in particular, the costs of its own expert opinion, the costs of legal representation, etc.). The Buyer's claim for payment of the costs associated with a successful complaint procedure shall be governed by the relevant provisions of the Civil Code.
No rights of the Buyer, including rights due to defective performance, can be claimed for gifts that are provided free of charge. Such goods meet the conditions of a gift contract and are governed by the applicable law for gift contracts. The Gift Contract is concluded between the Seller and the Buyer with the condition that if the Buyer withdraws from the Purchase Contract within the 14-day period pursuant to Section 1829(1) of the Civil Code, or cancels the Order pursuant to these Terms and Conditions, the Buyer is obliged to return the provided gifts together with the purchased goods to the Seller. Otherwise, the Seller is entitled to unilaterally set off the value of the unreturned gift against the Buyer's claim for a refund of the purchase price.
If the goods have a defect, the Buyer may demand its removal. At his/her option, he/she may demand the delivery of new goods without defect or the repair of the goods, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value that the goods would have without the defect and whether the defect can be removed by the other method without significant difficulties for the Buyer. The seller may refuse to remedy the defect if it is impossible or unreasonably costly to do so, having regard in particular to the significance of the defect and the value the goods would have had without the defect.
The Buyer may demand a reasonable discount or withdraw from the Purchase Contract if

a) the Seller refused to remove the defect or failed to remove it in accordance with § 2170, paragraphs 1 and 2 of the Civil Code,
b) the defect appears repeatedly,
c) the defect is a material breach of the Purchase Contract, or
d) it is apparent from the Seller's representations or the circumstances that the defect will not be remedied within a reasonable time or without substantial hardship to the Buyer.

In the case of a claim for goods purchased from MERX TRADE, s.r.o., the Buyer is advised to follow the instructions below:

Send an email with the product name, order number and a detailed description of the reason for the complaint to hello@fithyve.com. We recommend attaching a photo of any defects or broken items.
Our customer service team will be happy to assist you with the next steps of the claim, which, depending on the nature of the claim, may include return shipping to a return address that will be provided to you by customer service, if applicable.
Along with the goods, please send all the details that may be relevant to the defect being claimed, including a precise description of the defect, proof of an irregularly occurring defect if applicable, contact details (telephone, email address), specifications of the rights you wish to exercise in relation to the claim, the sales receipt (copy) and/or the warranty card.
The buyer may choose to take out insurance against loss, theft or destruction of the parcel. MERX TRADE, s.r.o. does not cover any costs or postage/shipping, is not responsible for non-delivery of the shipment and will not accept COD shipments.

The above recommendations do not affect the Buyer's options and rights under the existing laws as amended and are intended to ensure and enable a comfortable and as quick as possible handling of the claim.

The Seller shall issue a written confirmation to the Buyer when the Buyer makes a Claim, stating the date on which the Buyer made the Claim, what is the content of the Claim, the method of handling the Claim requested by the Buyer and the Buyer's contact details for the purpose of providing information on the handling of the Claim.

Claims and removal of defects will be processed and the Buyer must be informed of the processing within 30 days from the date of the claim, unless the Seller and the Buyer agree on a longer period. In the event of non-compliance with the 30-day deadline, the Buyer is entitled to demand a reasonable discount on the purchase price or to withdraw from the purchase contract.

The Seller is obliged to issue the Buyer with a confirmation of the date and method of settlement of the claim, including confirmation of the repair, and the duration of the repair, or written justification for the rejection of the claim.

Article 8.

Final provisions

The invalidity of any provision of these Terms and Conditions, the Purchase Agreement or any other contractual arrangement between the parties shall not affect the validity and effectiveness of the remaining provisions.
These Terms and Conditions do not apply where the person intending to purchase products from the Seller is a corporation or a person ordering goods in the course of his or her business or independent profession.
A model notice of withdrawal from the Purchase Agreement is attached to this Agreement (see Annex I).
The Purchase Contract and all supporting documents are drawn up in Czech, the Purchase Contract is concluded in the Czech language and is governed by Czech law.
All matters not mentioned herein shall be governed by the Civil Code and the Consumer Protection Act, as amended.
In the event that a consumer dispute arises between us and a consumer under a contract of sale or a contract for the provision of services which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such dispute to a designated entity for out-of-court settlement of consumer disputes, which is

Czech Trade Inspection

Central Inspectorate - ADR Department

Štěpánská 44

110 00 Praha 1

Email: adr@coi.cz

Web: adr.coi.cz

These terms and conditions come into force on 01.01.2023. Changes to the terms and conditions are subject to change.

ANNEX I

Withdrawal from the purchase contract

Seller: MERX TRADE, s.r.o., Nové sady 988/2, 602 00 Brno, Czech Republic, ID No.: 09594566, VAT No.: CZ09594566

Correspondence address: MERX TRADE, s.r.o., Nové sady 988/2, 602 00 Brno, Czech Republic Email: hello@fithyve.com Phone number: +420 607 577 903

WARNING! This address is only used if the Buyer insists on sending a notice of withdrawal by post instead of email, it is not a return address. The return address will be provided by our customer service team.

Buyer
Name, surname:
Address:

The Buyer hereby notifies the Seller that he/she is withdrawing from the contract of sale for the following goods:

____________________________________________________________________________

Date of receipt of goods:

Order Number:

Date: