TERMS AND CONDITIONS AND COMPLIANCE POLICY
Of the online store https://spartanrace.onlinesystem.cz (valid since 1.1.2021)
Table of contents:
1. Introductory provisions
3. Price Information
4. Registration and Confirmation of the Registration and Payment Conditions
5. Contract Termination by the Customer
6. Commitment to be registered and team registrations
7. Payment Policy
8. Complaint Policy
9. Right to change the time of the Race
10. Registration Fee
11. Force Majeure
12. Postponement of the race
13. Sending business notifications and storing cookies
15. Final Provisions
16. Revocation of the Contract Form
17. Personal Data protection and processing information
1) INTRODUCTORY PROVISIONS
By checking the box before submitting the registration, the buyer indicates that he has read these Terms and Conditions, fully understands the content, and agrees with them.
These Terms and Conditions apply to purchase contracts related to races that will take place in the territory of Romania, concluded via the online store.
Definitions, terms and abbreviations used in these Terms and Conditions are understood as follows:
Organizer: Adventured Sport Events S.R.L., correspondence address: strada Drumul între Tarlale, nr.. 41C., birou 24, etaj 2, Bucuresti, sector 3, Romania, company registration number: J40 / 2152 / 15.02.2018, fiscal code: 38866510, e-mail: email@example.com, web: https://www.spartan-race.ro
Customer: A natural person who buys a service for personal use and who concludes a purchase contract with the seller (hereinafter also referred to as the “buyer” / “user”)
Purchase Agreement: An Agreement between the Seller and the Customer concluded at a distance through an online store without the simultaneous physical presence of the Seller and the Customer, in particular through the use of a website, electronic mail, telephone or fax. In these Terms and Conditions, the purchase contract means the registration for the Race organized by the Seller, the subsequent payment for registration and confirmation of registration, and, ultimately, participation in the Race.
The Purchase Agreement only applies to races organized in Romania. By checking the box in the online store before submitting the registration, the customer expresses that he/she is familiar with these Terms and Conditions, fully understands their content, and agrees with them.
It is governed by the applicable legal regulations of Romania and these terms and conditions.
The duration of the Purchase Agreement is limited to the period from the sending of the Buyer’s order and its successful processing by the Seller to the proper provision of the services based on the buyer’s order or changed in accordance with these Terms and Conditions.
Internet store: Could be find on web site: https://spartanrace.onlinesystem.cz
Terms and Conditions: Hereinafter as “GTC”.
Spartan Race: Sport event on which there GTC are applicable (hereinafter also as the “Race”).
3) PRICE INFORMATION
3.1. The registration fee includes value-added tax (VAT). The registration fee is published in the registration system on the website www.spartan-race.ro.
3.2. Discounts for the registration of each race are valid until 24.00 on the last day, as listed on the seller’s website www.spartan-race.ro, where it is possible to register at reduced prices.
4) REGISTRATION AND CONFIRMATION OF THE REGISTRATION AND PAYMENT CONDITIONS
4.1. Information on Registration for a specific Race is available on the Seller’s website (www.spartan-race.ro)
4.2. The registration shall be executed in accordance with the procedure specified in the manual, which is visibly located in the menu of the online store. As part of the registration process, the Consumer may modify and check the data entered by the Consumer.
4.3. Submitting the Registration is subject to the confirmation of understanding and consent with the GTC and with the expression of consent with the processing of personal data of the Consumer.
4.4. After submitting the Registration, the information email will be sent to the Consumer confirming the Registration, by which the Seller confirms the Registration for the Race, which, however, does not yet conclude a purchase contract between the Seller and the Consumer. The purchase contract is concluded when:
a) payment has been received on the Seller’s bank account (in the event that the buyer pays by transfer to the account subject to Sellers approval), and the Seller has approved the validity of the payment received in the system;
b) the buyer has paid by credit card, and the Seller has approved the validity of the payment received in the system.
5) CONTRACT TERMINATION BY THE CLIENT
5.1. The Consumer has no right to withdraw from the purchase contract with reference to the Article 16 l) of the Directive 2011/83 / EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, as regards to the provision of services related to leisure activities, where the Seller undertakes to provide these services at the agreed time or within the agreed time.
5.2. In other cases, the Consumer has the right to withdraw from the Purchase Agreement within fourteen days of the conclusion of the Purchase Agreement by the Consumer.
5.3. The Seller shall, without undue delay, no later than fourteen (14) days from the date of delivery of the notice of withdrawal from the Purchase Agreement, perform all acts specified by the relevant legislation.
6) COMMITMENT TO BE REGISTERED AND TEAM REGISTRATIONS
6.1. The Seller is bound by registration to the extent of the registration price from the confirmation of registration by electronic message under the fulfillment of the conditions by the consumer as specified in these GTC.
6.2. Customer who is registered by the team captain as a team member for the particular Race (hereinafter the “Team Racer”), is granting the consent to the team captain to execute such registration (hereinafter the “Team registration”) and to make changes in the Team Registration. Team Racer in his/her registration profile do not have such registration executed by the team captain and therefor has no right to make any changes in such registration. Seller, upon the email request of the Team Racer reserves the right to transfer his/her Team Registration to individual registration (in own Racers personal profile in the registration system).
6.3. The team captain is entitled to make changes in the Team Registration valid for all team members (Team Racers) registered in the team profile, and upon his request, all team members could be reassigned to another race.
6.4. The Racer registered individually within the team (by creating its own individual profile in the registration system), has a right to defer its registration (deferral) to a different race upon its consideration by using the registration system in accordance with terms as specified in the Art. 10.3. and Art. 12 of this GTC.
6.5. The waver is signed by each team member individually.
7) PAYMENT POLICY
7.1. In the case of payment via the internet payment gate, the customer will receive a confirmation of the payment immediately after the execution of the payment.
7.2. In the case of payment via the bank transfer, the customer will make the payment immediately after the confirmation of the registration, but no later than within two (2) calendar days. After approval by the Seller, the consumer will receive a confirmation e-mail about payment.
7.3. In the event that the Customer demands the Seller to issue the invoice tax document regarding the payment for the race with personal information as the natural person – entrepreneur or legal entity, Customer is obliged to enter the billing information via the appropriate link within the registration form, before confirming the registration. In case a natural person – entrepreneur or a legal entity, does not enter the billing information within the registration form, the Seller will consider the Customer as the non-business natural person, to whom a tax document with the data of a natural person – non-business entity in the registration system will be issued.
8) COMPLAINT POLICY
8.1. The Consumer files a complaint in writing, via e-mail, or in person at the Seller’s registered office. Contact details of the Seller are in the “Definitions” section of the GTC.
8.2. When filing a complaint, the Consumer is obliged to submit to the Seller confirmation of payment for the Registration and a description of the defect along with supporting documentary evidence.
8.3. The Seller is obliged to decide on the complaint without delay, no later than within three (3) working days, or also to determine that a professional assessment is required for the decision. The Seller will handle the complaint, including the elimination of the defect, without undue delay, no later than thirty (30) days from its application, unless they agree in writing with the buyer on an extended period. After this period, the buyer has the same rights as if the material breach of contract occurs. Once the complaint is solved, the Consumer will be notified by telephone, in writing, or by e-mail.
9) CHANGE OF THE TIME OF THE RACED RIGHT RESERVATION
9.1. The Seller reserves the right to change the date and place of the race, registration company, timekeeper, time calculation, prices, track, fees, result algorithms, number, size, and types of starting waves, type and size of goods, website content, or such rules and manuals as it deems appropriate, without prior notice, as appropriate.
9.2. The seller reserves the right to provide notice regarding the changes mentioned in the previous clause on its website, which is the source of the most up-to-date information.
10) REGISTRATION FEE
10.1. Participation Fee:
The Seller charges a race-related Participation Fee that shall cover direct expenses related to the actual organization of the race, services and obstacles on the race track, refreshments (if available), medals, shirts, etc. (hereinafter referred to as the “Participation Fee”). The Participation Fee amount might be different for each category of the races and might change concerning the time of the registration (a gradual increase of the registration price).
10.2. Non-refundable Registration Administrative Fee:
The Seller charges a fixed Non-refundable Registration Administrative Fee corresponding to the Seller’s administrative costs that shall be effectively used to cover costs associated with the registration (hereinafter referred to as the “Administrative Fee”). The Administrative Fee shall cover the Seller’s initial expenses related to the registration of the Customer in the central register of participants for each separate race and the costs of the license fees related to the issuance of the registration number (BIB). The funds will be used for the benefit of the Customer regardless of the race execution. The Administrative Fee is not refundable with the exception of the case where the race is canceled by the Seller for the reason other than the Force Majeure. Administrative Fee is in the same amount for all categories of races and does not change even with regard to the time of registration (a gradual increase of the registration price does not apply). The discount by using points or another discount does not apply to the Administrative Fee. The Seller however, may decide to grant a discount on the total price, including the Administrative Fee.
10.3. Registration fee:
Registration Fee for any given category of race consists of the Participation Fee and the Administrative Fee together constituting the total price for the race (hereinafter referred to as the “Registration Fee”). The Participation Fee and the Administrative Fee are charged separately and are stated separately on the invoice. The price that appears on the Sellers website is the final price that includes the Participation Fee and the Administrative Fee. Any discounts or special prices apply only to the Participation Fee and do not affect the Administrative Fee charged separately and remain unchanged unless the Seller grants a separate discount. In case the race is canceled for the reason not covered by the Force Majeure, the Customer may request a refund of the Registration Fee, or use the Registration Fee for other Races (deferral), provided that the capacity of the selected races is not filled, and the notification to the Seller is send until up to 14 days before the scheduled date of the race.
11) FORCE MAJEURE
Force Majeure shall be defined as unforeseeable or unavoidable or unintentional events or situation to the extent beyond its reasonable control: accidents, riots, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire. Situations or causes where Force Majeure is known at the date of the registration, but subsequent consequences resulting in inability to fulfill the subject of the Services are not, shall be considered as a new and valid Force Majeure.
12) POSTPONEMENT OF THE RACE
12.1. In the event of Force Majeure as specified in this Terms and Conditions, including exceptional weather conditions, Customer will receive the voucher (deferral) in the amount of paid Registration Fee (amount paid during the registration).
12.2. Voucher is valid during the year of the issuance and a calendar year after and can be used for any race of the same level organized by the Seller. The Customer can use the voucher by registering for the announced Race and then entering the voucher number in the section designated for this purpose on the registration interface.
13) SENDING BUSINESS NOTIFICATIONS AND STORING COOKIES
13.1. In the event that the consumer requests the sending of current information about the Seller’s offers by checking the appropriate field, information will be provided by sending it to the consumers’ email address. The consumer can request the cancellation of this service at any time and without reason via email at: firstname.lastname@example.org. In this case, the consumer agrees with sending business information and information related to the Seller’s goods, services, or activities to the consumer’s electronic address.
13.2. The consumer agrees with storing cookies on his computer. In the event that the order can be executed on the Seller’s website and the Seller’s obligations under the relevant contract can be fulfilled without the cookies being stored in the consumer’s computer, the consumer may revoke the consent under the previous sentence at any time.
14) MAIL DELIVERY
Unless otherwise agreed, any correspondence related to the relevant contract must be delivered to the other party in writing, by e-mail, in person or by registered mail through the postal service provider (at the option of the sender). It is delivered to the consumer primarily to the e-mail address provided to the seller.
15) FINAL PROVISIONS
15.1. The purchase contract can be concluded only in the Romanian language. In case the relationship related to the purchase via the online store or the legal relationship established by the relevant purchase contract contains an international (foreign) element, parties agree that the relationship is governed by Romanian law and is subject to the jurisdiction of the Romanian courts. Such conduct shall not preclude the Consumer’s rights under applicable law.
15.2. In case of a complaint, the Consumer can contact the Seller through the contact details as specified in “Definitions” section above. If he/she does not succeed with the complaint, any disputes will be resolved by the court with substantive and territorial jurisdiction.
15.3. The contractual relationship between the Consumer and the Seller is concluded for a period of time determined by the proper performance of the parties under the applicable contract. Unless otherwise stated at the conclusion of the contract, or in these terms and conditions, or in specific cases, the parties are not entitled to terminate the contract before its proper performance.
15.4. If any provision of these Terms and Conditions is or becomes invalid or ineffective, it will be replaced by a provision with a meaning as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
15.5. Seller contact information is provided in the “Definitions” section above. Each Purchase Contract (including the GTC), is stored by the Seller in electronic form and is not publicly accessible, except for the fulfillment of the Seller’s obligations stipulated by the applicable legislation. A copy of the Purchase Contract will be deposited with the Seller, who will allow the consumer access to it at his/her request.
15.6. The Seller reserves the right to change these GTC unilaterally. The wording of the GTC with which the Consumer has given his/her consent during the registration is binding for the Consumers.
15.7. The applicable law governs relationships not otherwise regulated in these GTC and their inseparable annexes (if applicable).
16) REVOCATION OF THE CONTRACT FORM
Sample form for withdrawal from the contract:
Notice of withdrawal from the contract
– Addressee: Adventured Sport Events S.R.L., correspondence address: strada Drumul între Tarlale, nr.. 41C., birou 24, etaj 2, Bucuresti, sector 3, Romania, company registration number: J40 / 2152 / 15.02.2018, fiscal code: 38866510, e-mail: email@example.com
I declare that I am withdrawing from the contract for the purchase of these goods (*) / provision of these services (*)
– Date of order (*) / date of receipt (*)
– Name and surname of the consumer (user):
– Consumer (user) address:
– Signature of the consumer (user), (only if this form is submitted in paper form)
(*) Strike out what does not apply or complete the information.
17) PERSONAL DATA PROTECTION AND PROCESSING INFORMATION
17.1. The protection of personal data of consumers who are natural persons is in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR). More information is available on the official website of the seller (https://www.spartan-race.ro) in the section “Personal data protection”.