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These Terms of Use (“Terms”) govern the MMA Shop web sites, mmashop.com, mmashop.eu, mma-shop.cz, mmashop.cz, fitness-mma-shop.com, available by desktop or mobile web, or smartphone application, (the “Site”) controlled by MMA Shop s.r.o. “MMA Shop – The Ultimate Lifestyle“ is a brand owned by MMA Shop s.r.o. (“we,” “us” or “MMA Shop”).

The Site is provided as a service to our customers. Your use of the Site is governed by these Terms. By using the Site, you agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review the Terms whenever you use or access the Site. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms. 
By accepting these terms and conditions through your use of the website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.

 

Content Permission & Restrictions

Unless otherwise noted, the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site. 
Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title or interest in or to the Content. 
Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state or international laws.

 

Accuracy of Information on the Site

We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site. 
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

 

Shipping Limitation

When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to shipment conditions, by accepting these terms and conditions through your use of the Site. You are responsible for contacting MMA Shop Customer Service regarding any claims for damaged and/or lost shipments.

 

Email Communication

By making a purchase on the Site or otherwise creating an account on the Site, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).

 

Confirmation of Orders

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

 

Cancellation or Refusal of Orders

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

Merchandise & Availability

The merchandise sold through the Site is intended to comply with E.U. laws and regulations. If you are a non-E.U. based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the E.U. 
Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by calling Customer Service at +420 774 704 771. You will receive a shipping confirmation e-mail once your items have shipped.

 

User Comments

We may allow users to post comments, suggestions, ideas, materials and other submissions ("User Comments") on the Site. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.

Although User Comments may be posted on the Site, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that we deem to be in violation of the above.

 

Links to Third Party Site

The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites. Your access to these third party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.

 

Prohibited Uses of Site

You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.

 

Registration, Accounts and Passwords

You are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.

If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.

 

Disclaimer of Warranty & Limitation of Liability:

YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITH RESPECT TO OUR PRODUCTS, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. 
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Indemnification

You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this Site or breach of these Terms.

 

Jurisdiction

These Terms shall be construed in accordance with the laws of the European Union, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

 

Dispute Resolution

Mindful of the high cost of legal dispute, not only monetarily but also in time and energy, both you and MMA Shop  agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("dispute"), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of mailing to respond to the dispute. Notice shall be sent to:

MMA shop
Na Poříčí 1045/22

110 00 Praha 1

Czech Republic

Unless you indicate otherwise in your notice, MMA Shop shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.
In the event that MMA Shop is unable to resolve the dispute with you through the Customer Service department referenced above, you and MMA Shop both agree the parties shall resolve their dispute utilizing binding arbitration before an arbitrator to be mutually agreed upon by both parties. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.

 

Resale of Product & Order Acceptance

The Site sells products to retail consumers only. You shall not use the Site to purchase products for re-sale or export. We reserve the right to immediately bar access to the Site and terminate the account of any user who violates this provision.

 

Returns

Goods ordered through the site may be returned within 14 days without reason for a full refund. The goods must be undamaged, unused, unworn and unwashed. Clothes must have original packaging and labels. Used goods that are discounted can not be returned.

Refunds will be returned by MMA Shop by bank transfer within 30 days of receipt of the returned goods.

Goods should be returned to:  MMA SHOP, Na Porici 22/1045, 110 00 Prague 1, Czech Republic. Cash on delivery packages will not be accepted. Your shipping costs are non-refundable for returns.

Defects in goods should be reported to MMA Shop immediately upon detection. The warranty does not cover normal wear and tear of goods, or defects and deficiencies caused by improper use or failure to comply with the rules of proper use and maintenance. Claims can not be applied if you purchased defective products which were offered at a discount and about which you (the customer) were informed. The life span of clothing and equipment is dependant upon the method and frequency of use. For intensive use, the life span may be shorter than the actuall warranty of the product. When selecting clothes, please make sure to select the correct size and material used to meet your needs. When choosing equipment it is necessary to take into account the appropriate ability of the user – i.e. beginner or advanced athletes. Products made of PU and PVC are suitable only for beginners. For advanced users, leather products and those that can withstand the intensity of training are recommended. It is not possible to return goods used inappropriately or for advanced athletes to return equipment unsuitable for their level of ability.

In the event that the goods are damaged and became so during delivery, send an email describing the defect to info@mmashop.eu. Please include photos to document the damage if possible. Please keep the original damaged packaging as evidence. We will then arrange for compensation for the return delivery.

If your goods have been damaged during the warranty period due to faulty material or workmanship, please send an email to info@mmashop.eu. Please include your email and telephone contacts. You will be contacted by our staff within a timely maner, and your goods will either be repaired, replaced or your payment will be refunded.

Reclaimation period is 14 days from the date of receipt by the customer.

 

Customer Service

If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact our Customer Service team by e-mail at info@mmashop.eu or by phone +420 606 033 429.