Terms of service
GENERAL TERMS AND CONDITIONS
of Body Moody s.r.o.
ID No.: 118 47 468, with its registered office at Korunní 2569/108, Vinohrady, 101 00 Prague 10,
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 355305,
for the sale of goods via the website bodymoody.com
1. Introductory provisions
1.1. These terms and conditions ("terms and conditions") of Body Moody s.r.o., with its registered office at Korunní 2569/108, Vinohrady, 101 00 Prague 10, ID No.: 118 47 468, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 355305 ("Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/ 2012 Coll., the Civil Code ("Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract ("Purchase Contract") concluded between the Seller and another natural person ("Buyer") through the Seller's online store. The online store is operated by the seller on the website located at bodymoody.com ("website").
1.2. The seller's contact details are as follows: telephone number: +420 728 573 323; email address: info@bodymoody.com; delivery address: Korunní 2569/108, Vinohrady, 101 00 Prague 10.
1.3. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting within the scope of their business activities or independent professional practice when ordering goods.
1.4. The Terms and Conditions are an integral part of the purchase contract.
2. Conclusion of the purchase contract
2.1. The purchase contract between the seller and the buyer is concluded electronically via the website. The buyer creates an order by selecting goods on the website and sending it via the "Complete order with obligation to pay" button – thereby making a proposal to conclude a purchase contract. The seller immediately confirms receipt of the order by sending an email confirmation to the buyer. Upon delivery of the order confirmation, the purchase contract is considered concluded.
2.2. Subsequent changes to the order are only possible by mutual agreement or under the conditions set out by law or these terms and conditions.
2.3. All presentations of goods on the website are for informational purposes only, and the seller is not obliged to conclude a purchase contract for these goods; the provisions of Section 1732(2) of the Civil Code shall not apply.
2.4. The website contains information about the goods, the costs associated with packaging and delivery of the goods, and the method and time of delivery of the goods. The information about the costs associated with packaging and delivery of the goods stated on the website applies only in cases where the goods are delivered within the European Economic Area. In cases where the seller offers free shipping, the buyer's right to free shipping is conditional upon payment of the minimum total purchase price of the shipped goods as specified on the website. In the event of a partial withdrawal from the purchase contract by the buyer and the total purchase price of the goods for which the buyer has not withdrawn from the contract does not reach the minimum amount required for the right to free shipping according to the previous sentence, the buyer's right to free shipping expires and the buyer is obliged to pay the seller for the shipping of the goods.
2.5. To order goods, the buyer fills out an order form on the website. The order form contains, in particular, information about:
a) the goods being ordered;
b) the purchase price, method of payment, details of the required method of delivery of the ordered goods, and
c) information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
2.6. Before sending the order to the seller, the buyer is allowed to check and change the input data that the buyer has entered into the order, including the possibility for the buyer to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order binding to payment" button. The data specified in the order is considered correct by the seller. Upon receipt of the order, the seller will confirm this receipt to the buyer by e-mail to the buyer's e-mail address specified in the order ("buyer's e-mail address").
2.7. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer.
3. Price and payment terms
3.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
3. Price and payment terms
3.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
a) by bank transfer to the seller's account, which the seller will specify in the order confirmation;
b) by bank transfer to the seller's account via a payment gateway;
c) by bank transfer to the seller's account specified by the seller in the order confirmation, in three or four monthly installments, if the buyer chooses this option when placing the order (see below for installment terms).
3.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount, if any such costs have been agreed. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3.3. The seller does not require the buyer to make an advance payment or other similar payment. This does not affect the provisions of Article 3.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
3.4. In the case of cashless payment, the purchase price is payable within 3 days of concluding the purchase contract.
3.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
3.6. The seller is entitled to demand payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119(1) of the Civil Code shall not apply. If the total price of the order exceeds CZK 40,000, the seller always requires payment of the entire purchase price in advance.
3.7. If the purchase price is paid in installments in accordance with Article 3.1(c), the purchase price shall be paid in three or four equal monthly installments. The first installment is due within 3 days of the conclusion of the purchase contract, the second installment within one month of the due date of the first installment, the third installment within one month of the due date of the second installment, and any fourth installment within one month of the due date of the third installment. In the event of the buyer's delay in paying any installment, the seller has the right to immediately withdraw from the purchase contract and apply further consequences (in favor of the seller) resulting from the buyer's delay. In such cases, the seller shall send the goods to the buyer after the first installment has been paid.
3.8. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – invoice to the buyer for payments made on the basis of the purchase contract. The seller is a value added tax payer. The seller shall issue a tax document – invoice to the buyer after payment of the price of the goods and send it in electronic form to the buyer's email address.
4. Transport and delivery of goods
4.1. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.
4.2. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with another method of delivery.
4.3. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. If the packaging is found to be damaged, indicating unauthorized access to the shipment, the buyer is not obliged to accept the shipment from the carrier. This does not affect the buyer's rights arising from liability for defects in the goods and other rights of the buyer arising from generally binding legal regulations.
4.4. Until the goods are delivered and handed over to the buyer, or until the buyer refuses to accept the goods, the risk of damage to the goods shall be borne by the seller.
5. Rights arising from defective performance
5.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection).
5.2. The seller is liable to the buyer for ensuring that the item is free of defects upon delivery. In particular, the seller is liable to the buyer for ensuring that the item:
a) corresponds to the agreed description, type, and quantity, as well as quality, functionality, and other agreed characteristics,
b) is suitable for the purpose for which the buyer requires it and to which the seller has agreed, and
c) is delivered with the agreed accessories and instructions for use, including a manual
5.3. The buyer may report a defect that appears on the item within two years of receipt. The buyer is not entitled to claim for defective performance if they caused the defect themselves. Wear and tear caused by normal use of the item or, in the case of a used item, wear and tear corresponding to the extent of its previous use, is not considered a defect.
5.4. If the item has a defect, the buyer may request its removal. At their discretion, they may request delivery of a new item without defects or repair of the item, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value that the item 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 disproportionately costly, in particular with regard to the significance of the defect and the value that the item would have without the defect.
5.5. The seller shall remove the defect within a reasonable time after it has been reported, so as not to cause significant difficulties for the buyer, taking into account the nature of the item and the purpose for which the buyer purchased it. The seller shall take over the item at its own expense in order to remedy the defect. If this requires the disassembly of the item, which was assembled in accordance with the nature and purpose of the item before the defect became apparent, the seller shall disassemble the defective item and assemble the repaired or new item, or shall reimburse the costs associated therewith.
5.6. The buyer may request a reasonable discount (a reasonable discount is determined as the difference between the value of the item without the defect and the defective item received by the buyer) or withdraw from the purchase contract if:
a) the seller refused to remove the defect or did not remove it in accordance with Article 5.5 above,
b) the defect recurs repeatedly,
c) the defect constitutes a material breach of the purchase contract, or
d) it is clear from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.
5.7. If the defect in the item is insignificant, the buyer cannot withdraw from the purchase contract (within the meaning of Article 5.6 above); the defect in the item is not considered insignificant. If the buyer withdraws from the purchase contract, the seller shall return the purchase price to the buyer without undue delay after receiving the item or after the buyer proves that the item has been sent.
5.8. When a complaint is made, the seller is obliged to issue the buyer with written confirmation stating the date on which the buyer made the complaint, its content, the method of handling the complaint requested by the buyer, and the buyer's contact details for the purpose of providing information about the handling of the complaint. This obligation also applies to other persons designated to carry out repairs.
5.9. The complaint, including the removal of the defect, must be resolved and the buyer must be informed of this no later than 30 days from the date of filing the complaint, unless the seller and the buyer agree on a longer period. After the expiry of this period, the buyer may withdraw from the purchase contract or request a reasonable discount.
5.10. The seller is obliged to issue the buyer with confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated to carry out the repair.
5.11. The buyer may exercise their rights arising from liability for defects in goods by sending an email to info@bodymoody.com
5.12. Anyone who has a right arising from defective performance is also entitled to reimbursement of costs reasonably incurred in exercising this right. However, if the buyer does not exercise the right to reimbursement within one month after the expiry of the period in which the defect must be reported, the court will not grant the right if the seller objects that the right to reimbursement was not exercised in time. The right arising from defective performance does not exclude the right to compensation for damages; however, what can be achieved by exercising the right arising from defective performance cannot be claimed on other legal grounds.
5.13. The seller may also provide the buyer with a quality guarantee beyond the scope of their statutory rights arising from defective performance. In this case, the seller shall issue the buyer with a written quality guarantee (warranty certificate) at the latest upon receipt of the item. The warranty certificate shall contain a statement that the buyer has a statutory right to free repair from the seller and that this right is not affected by the quality guarantee, as well as the designation of the item to which the guarantee applies, the content of the guarantee, the name and address or registered office of the guarantee provider, the procedure for exercising rights under the guarantee, and the terms and conditions of the guarantee.
6. Withdrawal from the purchase contract
6.1. The buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 (1) and (2) of the Civil Code within 14 days from the date on which the buyer or a third party designated by the buyer, other than the carrier, takes delivery of the goods, or:
a) the last item of goods, if the buyer orders multiple items of goods in a single order that are delivered separately,
b) the last item or part of a delivery of goods consisting of several items or parts, or
c) the first delivery of goods, if the contract provides for regular delivery of goods for an agreed period.
6.2. The buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the delivery of, among other things:
a) goods manufactured according to the buyer's requirements or adapted to their personal needs, and
b) goods in sealed packaging which, for health or hygiene reasons, are not suitable for return after the buyer has broken the seal.
6.3. Withdrawal from the purchase contract must be sent to the seller within the period specified in Article 6.1 of the Terms and Conditions. To withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which forms an annex to the terms and conditions. The buyer may send the withdrawal from the purchase contract, among other things, to the seller's registered office or to the seller's e-mail address: info@bodymoody.com
6.4. In the event of withdrawal from the purchase contract, the purchase contract shall be canceled from the outset. The buyer shall send or hand over the goods to the seller without undue delay, no later than 14 days from withdrawal from the contract, unless the seller has offered to collect the goods themselves. The deadline specified in the previous sentence shall be deemed to have been met if the buyer sends the goods before its expiry. If the buyer withdraws from the purchase contract, the buyer shall bear the costs associated with returning the goods to the seller, even if the goods cannot be returned by normal postal means due to their nature.
6.5. In the event of withdrawal from the purchase contract pursuant to Article 6.1 of the Terms and Conditions, the seller shall return the funds received from the buyer within 14 days of the buyer's withdrawal from the purchase contract, in the same manner in which the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer upon return of the goods by the buyer or in another manner, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the seller receives the goods or before the buyer proves to the seller that the goods have been sent back, whichever occurs first.6.6. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
6.7. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the goods are taken over by the buyer. In such a case, the seller shall refund the purchase price to the buyer without undue delay, by bank transfer to the account specified by the buyer.
6.8. a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer or seller withdraws from the purchase contract, the gift agreement regarding such a gift shall cease to be effective and the buyer shall be obliged to return the gift provided to the seller together with the goods.
6.9. If the price of the goods stated on the website is clearly incorrect (e.g. due to a technical error on the part of the seller, including significant deviations from the usual prices for the type of goods in question), the seller is entitled to withdraw from the purchase contract until the goods are taken over by the buyer.
7. Other rights and obligations
7.1. The buyer acquires ownership of the goods by paying the full purchase price.
7.2. The buyer may be delivered to the buyer's electronic address.
7.3. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1820(1)(n) of the Civil Code.
7.4. The seller handles complaints from buyers via email. Complaints can be sent to the seller's email address. The seller will send information about the handling of the buyer's complaint to the buyer's email address. No other rules for handling complaints are set by the seller.
7.5. The Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, Nové Město, 12000 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract.
7.6. The buyer may lodge a complaint with a supervisory or state oversight authority. The seller is authorized to sell goods on the basis of a trade license. Trade inspections are carried out by the relevant trade licensing office within its jurisdiction. Oversight of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with the Civil Code and Act No. 634/1992 Coll. on consumer protection within a defined scope.
7.7. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
8. Personal Data Protection
8.1. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ("GDPR") relating to the processing of the buyer's personal data for the purposes of performing the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the seller's public law obligations, is fulfilled by the seller through a separate document.
9. Sending commercial communications and storing cookies
9.1. The buyer agrees, within the meaning of Section 7(2) of Act No. 480/2004 Coll., on certain information society services and on amendments to certain acts (Act on Certain Information Society Services), to the sending of commercial communications by the seller to the buyer's email address or telephone number. The seller fulfills its information obligation towards the buyer within the meaning of Article 13 of the GDPR relating to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a separate document.
9.2. The seller fulfills its obligations relating to the possible storage of cookies on the buyer's device by means of a separate document.
10. Final provisions
10.1. These terms and conditions may be amended or supplemented by the seller. This does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
10.2. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law under the previous sentence does not deprive the buyer, who is a consumer, of the protection afforded to them by the provisions of the legal order from which it is not possible to contractually deviate, and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, it shall be replaced by a provision that most closely approximates the meaning of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
10.5. A sample form for withdrawal from the purchase contract is attached to the terms and conditions.
These terms and conditions are effective from August 15, 2025.
Appendix No. 1 – Contract withdrawal form
Sender:
First and last name:
Address:
(email and phone number, if applicable):
Addressee:
Seller: Body Moody s.r.o.
Company ID: 118 47 468
Registered office: Korunní 2569/108, Vinohrady, 101 00 Prague 10
Notice of withdrawal from the purchase contract
On ________, I ordered goods ________, order number ________, worth CZK ________ from your website bodymoody.com. I received the ordered goods on ________.
Pursuant to Section 1829(1) in conjunction with Section 1818 of Act No. 89/2012 Coll., the Civil Code, I am exercising my legal right and withdrawing from the purchase contract concluded via the Internet, which concerns the above-mentioned goods, which I am returning to you with this letter, and at the same time I request that you transfer the purchase price of ________ CZK to my bank account number ________ no later than 14 days from the delivery of this withdrawal from the contract.
In ________ on ________
Consumer's first and last name
(signature)
Attachment:
⁃ Proof of purchase
TERMS AND CONDITIONS
of Body Moody s.r.o.
ID No.: 118 47 468, with its registered office at Korunní 2569/108, Vinohrady, 101 00 Prague 10
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 355305
for the rental of goods via the website bodymoody.com
1. Introductory provisions
1.1. These terms and conditions ("terms and conditions") of Body Moody s.r.o., with its registered office at Korunní 2569/108, Vinohrady, 101 00 Prague 10, ID No.: 118 47 468, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 355305 ("Lessor") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/ 2012 Coll., the Civil Code ("Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a lease agreement ("Lease Agreement") concluded between the Lessor and another natural person ("Lessee") through the Lessor's online store. The online store is operated by the lessor on the website located at bodymoody.com ("website").
1.2. The seller's contact details are as follows: telephone number: +420 728 573 323; email address: info@bodymoody.com; delivery address: Korunní 2569/108, Vinohrady, 101 00 Prague 10.
1.3. The Terms and Conditions do not apply to cases where the person intending to rent goods from the lessor is a legal entity or a person acting within the scope of their business activities or independent professional practice when ordering goods for rent.
1.4. The Terms and Conditions are an integral part of the rental agreement.
2. Conclusion of the rental agreement
2.1. The rental agreement between the lessor and the lessee is concluded electronically via the website. The lessee creates an order by selecting goods on the website and sending it via the "Complete order with obligation to pay" button – thereby making a proposal to conclude a rental agreement. The lessor shall immediately confirm receipt of the order by sending an email confirmation to the lessee. Upon delivery of the order confirmation, the lease agreement shall be deemed concluded.
2.2. Subsequent changes to the order are only possible by mutual agreement or under the conditions set out by law or these terms and conditions.
2.3. All presentations of goods on the website are for informational purposes only, and the lessor is not obliged to conclude a lease agreement for these goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
2.4. The website contains information about the goods, the costs associated with packaging and delivery of the goods, and the method and time of delivery of the goods. The information about the costs associated with packaging and delivery of the goods stated on the website applies only in cases where the goods are delivered within the European Economic Area. In cases where the lessor offers free delivery of goods, the lessee's entitlement to free delivery of goods is conditional upon payment of the minimum total rent for the goods being delivered, as specified on the website. In the event of a partial withdrawal from the rental agreement by the lessee and the total rent for which the lessee has not withdrawn from the agreement does not reach the minimum amount required for the right to free transport of goods according to the previous sentence, the lessee's right to free transport of goods expires and the lessee is obliged to pay the lessor for the transport of goods.
2.5. To order goods for lease, the lessee shall fill in the order form on the website. The order form shall contain, in particular, information on:
a) the goods ordered for lease and the duration of the lease;
b) the amount of rent, the method of payment of rent, details of the required method of delivery of the ordered goods for lease, and
c) information about the costs associated with the delivery of the goods for lease (hereinafter collectively referred to as the "order").
2.6. Before the lessor sends the order, the lessee is allowed to check and change the input data entered into the order by the lessee, including the possibility for the lessee to detect and correct errors made when entering data into the order. The tenant sends the order to the landlord by clicking on the "Complete order binding to payment" button. The data specified in the order is considered correct by the landlord. Upon receipt of the order, the lessor shall confirm receipt to the lessee by e-mail to the lessee's e-mail address specified in the order ("lessee's e-mail address").
2.7. The lessee agrees to the use of means of distance communication when concluding the lease agreement. The costs incurred by the lessee when using means of distance communication in connection with the conclusion of the lease agreement (costs of internet connection, costs of telephone calls) shall be borne by the lessee.
3. Rent amount and payment terms
3.1. The tenant may pay the rent and any costs associated with the delivery of goods under the lease agreement to the landlord in the following ways:
a) by bank transfer to the lessor's account, which the lessor will specify in the order confirmation.
3.2. Together with the rent, the lessee is also obliged to pay the lessor the costs associated with the packaging and delivery of the goods to be leased in the agreed amount, if any such costs have been agreed. Unless expressly stated otherwise, the rent also includes the costs associated with the delivery of the goods to be leased.
3.3. The lessor does not require the lessee to provide any deposit or other security to ensure the fulfillment of the lessee's obligations.
3.4. In the case of cashless payment, the rent is payable within 3 days of the conclusion of the lease agreement.
3.5. In the case of cashless payment, the lessee is obliged to pay the rent together with the variable payment symbol. In the case of cashless payment, the lessee's obligation to pay the rent is fulfilled at the moment the relevant amount is credited to the lessor's account.
3.6. The lessor is entitled to demand payment of the entire rent before sending the goods to the lessee.
3.7. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the lessor shall issue a tax document – invoice to the lessee for payments made on the basis of the lease agreement. The lessor is a value added tax payer. The lessor shall issue a tax document – invoice to the lessee after payment of the rent and send it in electronic form to the lessee's email address.
4. Transport and delivery of goods
4.1. If the lessor is obliged under the lease agreement to deliver the goods to the place specified by the lessee in the order, the lessee is obliged to take delivery of the goods upon delivery.
4.2. If, for reasons attributable to the lessee, the goods must be delivered repeatedly or in a manner other than that specified in the order, the lessee is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with another method of delivery.
4.3. Upon receipt of the goods from the carrier, the lessee is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. If the packaging is found to be damaged, indicating unauthorized access to the shipment, the lessee is not obliged to accept the shipment from the carrier. This does not affect the lessee's rights arising from liability for defects in the goods and other rights of the lessee arising from generally binding legal regulations.
4.4. Until the goods are delivered and handed over to the lessee, or until the lessee refuses to accept the goods, the lessor bears the risk of damage to the goods.
4.5. No later than on the last day of the rental period, the lessee is obliged to send the rented goods, including all accessories and instructions delivered with the goods, at their own expense to the Zásilkovna branch at Polská 105547 01 Náchod 1, via the Zásilkovna drop-off point and using the code attached to the goods ______________, with the shipment addressed to the lessor. The lessee is obliged to return the goods undamaged and without obvious contamination.
5. Rights and obligations of the contracting parties in the event of a defect in the leased item
5.1. Before sending the item to the lessee, the lessor shall ensure that the item is in good condition. Together with the item, the lessor shall send the lessee written instructions for use of the item (manual).
5.2. If the item has a defect that prevents it from being used properly or makes it difficult to use, the lessee shall be entitled to have the lessor provide another item serving the same purpose.
5.3. For the period during which the lessee was unable to use the item properly at all or only with considerable difficulty, the lessee has the right to a waiver of rent, or a discount on rent, or a reduction in rent; the lessee must exercise this right with the lessor by the end of the agreed lease term, otherwise it will expire.
5.4. The lessee shall notify the lessor of any damage, loss, or destruction of the item without undue delay, but no later than within 2 days.
5.5. The lessee shall pay the rent until he notifies the lessor of damage to the item, for which he cannot properly use the item, or loss or destruction of the item; he shall also pay the rent until he is in delay with returning the item.
5.6. The lessee shall not be liable for wear and tear caused by normal use. Without the lessor's consent, the lessee may not carry out any repairs beyond normal maintenance, nor may they make any other modifications or alterations to the goods.
5.7. The goods may only be used by the lessee. The lessee is not entitled to sublease the goods to third parties.
5.8. The lessee has the right to terminate the lease at any time. The notice period is ten days.
5.9. The lease is not automatically extended; any extension of the lease term must be agreed in writing by both parties.
5.10. The lessee may exercise the rights under this article by email at info@bodymoody.com
6. Withdrawal from the lease agreement
6.1. The lessee has the right to withdraw from the lease agreement in accordance with the provisions of Section 1829(1) of the Civil Code within 14 days of the date on which the lease agreement was concluded.
6.2. Withdrawal from the lease agreement must be sent to the lessor within the period specified in Article 6.1 of the Terms and Conditions. To withdraw from the lease agreement, the lessee may use the sample form provided by the lessor, which forms an annex to the terms and conditions. The lessee may send the withdrawal from the lease agreement, among other things, to the address of the lessor's registered office or to the lessor's e-mail address: info@bodymoody.com
6.3. The lessor informs the lessee that as soon as the lessee takes over the leased item, the lessor begins to perform the lease agreement. The consumer expressly requests that the leased item be sent to them before the expiry of the 14-day period for withdrawal from the lease agreement pursuant to Article 6.1. If the lessee withdraws from the lease agreement at a time when the lessor has already commenced performance, the lessee is obliged, in accordance with the provisions of Section 1834 of the Civil Code, to pay the lessor a proportionate part of the agreed rent for the performance provided until the moment of withdrawal from the lease agreement.
6.5. In the event of withdrawal from the lease agreement pursuant to Article 6.1 of the Terms and Conditions, the lessor shall return the funds received from the lessee within 14 days of the lessee's withdrawal from the lease agreement, in the same manner in which the lessor received them from the lessee. The lessor is entitled to reduce this amount by the rent corresponding to the length of time the lessor has already performed its obligations. The lessor is also entitled to return the performance provided by the lessee upon the return of the goods by the lessee or in another manner, if the lessee agrees and no additional costs are incurred by the lessee. If the lessee withdraws from the lease agreement, the lessor is not obliged to return the funds received to the lessee before the lessor receives the goods or before the lessee proves to the lessor that the goods have been sent back, whichever occurs first.
6.6. The lessor is entitled to unilaterally offset the claim for compensation for damage to the goods against the lessee's claim for a refund of the rent.
6.7. In cases where the lessee has the right to withdraw from the lease agreement in accordance with the provisions of Section 1829(1) of the Civil Code, the lessor is also entitled to withdraw from the lease agreement at any time until the goods are taken over by the lessee. In such a case, the lessor shall return the rent to the lessee without undue delay, by bank transfer to the account specified by the lessee.
7. Other rights and obligations of the contracting parties
7.1. The lessor is not bound by any codes of conduct in relation to the lessee within the meaning of Section 1820(1)(n) of the Civil Code.
7.2. Notifications to the lessee may be sent to the lessee's email address.
7.3. The landlord handles the tenant's complaints via email. Complaints can be sent to the landlord's email address. The landlord will send information about the handling of the tenant's complaint to the tenant's email address. No other rules for handling complaints are set by the landlord.
7.4. The Czech Trade Inspection Authority, with its registered office at Gorazdova 1969/24, Nové Město, 12000 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the lease agreement.
7.5. The tenant may lodge a complaint with a supervisory or state supervisory authority. The landlord is entitled to rent goods on the basis of a trade license. Trade inspections are carried out by the relevant trade licensing office within its jurisdiction. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with the Civil Code and Act No. 634/1992 Coll. on consumer protection within a defined scope.
7.6. The Lessee hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
8. Personal Data Protection
8.1. The Lessor shall fulfill its information obligation towards the Lessee pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”) relating to the processing of the tenant’s personal data for the purposes of performing the lease agreement, for the purposes of negotiating the lease agreement and for the purposes of fulfilling the landlord’s public law obligations is fulfilled by the landlord through a separate document.
9. Sending commercial communications and storing cookies
9.1. The tenant agrees, within the meaning of Section 7(2) of Act No. 480/2004 Coll., on certain information society services and on amendments to certain acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the landlord to the tenant's email address or telephone number. The Lessor fulfills its information obligation towards the Lessee within the meaning of Article 13 of the GDPR relating to the processing of the Lessee's personal data for the purpose of sending commercial communications by means of a separate document.
9.2. The Lessor fulfills its obligations relating to the possible storage of cookies on the Lessee's device by means of a separate document.
10. Final provisions
10.1. If the relationship established by the lease agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law pursuant to the previous sentence does not deprive the lessee, who is a consumer, of the protection afforded to him by provisions of the legal order from which it is not possible to deviate by contract and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, it shall be replaced by a provision that most closely approximates the meaning of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.3. The lease agreement, including the terms and conditions, is archived by the lessor in electronic form and is not accessible.
10.4. A sample form for withdrawal from the lease agreement is attached to the terms and conditions.
These terms and conditions are effective from 15.8.2025
Appendix No. 1 – Contract termination form
Sender:
First and last name:
Address:
(or email, phone number):
Recipient:
Landlord: Body Moody s.r.o.
ID No.: 118 47 468
Registered office: Korunní 2569/108, Vinohrady, 101 00 Prague 10
Notice of withdrawal from the rental agreement
On ________, I ordered goods for rent on your website bodymoody.com, order number ________, with an agreed rental price of ________ CZK. I received the ordered goods on ________
Pursuant to Section 1829(1) in conjunction with Section 1818 of Act No. 89/2012 Coll., the Civil Code, I am exercising my legal right and withdrawing from the rental agreement concluded via the Internet, which concerns the above-mentioned goods, which I am returning to you with this letter, and at the same time I am requesting that you transfer the rental fee, or a proportionate part thereof, to my bank account number ________ no later than 14 days from the delivery of this withdrawal from the agreement.
In ________ on ________
Consumer's first and last name
(signature)
Attachment:
⁃ Proof of conclusion of the rental agreement