Terms of service

 

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:

  • create a User Account (see 1.14 GT&C) containing the User's profile, including personal information and /or preferences of physiotherapy exercises methods;

  • create workout plans (including the possibility of modifications and/or the history of workout activities);

  • monitor the overviews, statistics and/or analyses of exercise activities;

  • watch video recordings and/or audio recordings of exercises and/or methods;

  • follow information and/or news from the field of physiotherapeutic exercise methods;

  • buy Goods (see 1.16 GT&C) from the online store (see 1.2 GT&C).

For the purposes of these GT&C, the "Application" also means its individual parts.

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.:

  • Apple Pay with an Apple ID or Google Pay with the Google Account;

  • major credit and/or debit cards.

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 94996, e-mail: info@smiskova.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.