TRADING TERMS AND CONDITIONS
Natural person responsible: Ludvík Svoboda
with his registered office at K Marečku 338, Potštejn 51743
(IČO) Commercial registration number: 65203046
Registered by the Municipal Office of Rychnov nad Kněžnou, municipal trade licensing office Ref.: ŽÚ/1777/04/Ze, for sale of goods via the on-line shop located at www.nutmi.eu
1. INTRODUCTORY PROVISIONS
1. These Trading Terms and Conditions (hereinafter only referred to as “Terms and Conditions") relate to Ludvík Svoboda, the natural person doing business, with his registered office at K Marečku 338, Potštejn 51743, commercial identification number (IČO): 65203046, VAT num. CZ7310013381, registered by the Municipality of Rychnov nad Kněžnou, the Municipal Trades Licensing Office Ref. no .: ŽÚ/1777/04/Ze (hereinafter referred to as the “Seller”) regulate in accordance with Section 1751 (1) of Act No. 89/2012 Coll. of the Civil Code, as amended (hereinafter the "Civil Code") mutual rights and obligations of the Contracting Parties arising in connection with or on the basis of the Purchase Agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) ) via the Seller's online store. The e-shop is operated by the Seller on a website located at www.nutmi.eu (hereinafter referred to as the "Website") through the website interface (hereinafter referred to as "the Store Web Interface").
2. The natural person responsible further declares that NUTMI SPORT, KLASIK and SLIM are intended for consumption by healthy adults from the age of 18 years. NUTMI SPORT, KLASIK and SLIM are not intended for diagnostic or therapeutic purposes. Consumption during illness and other health restrictions, during pregnancy and breastfeeding is subject to consultation with a relevant physician. When consuming NUTMI SPORT, KLASIK and SLIM products, it is necessary to maintain a drinking regime. Use of NUTMI SPORT, KLASIK and SLIM is possible as part of a varied and balanced diet.
3. The Terms and Conditions do not apply in cases where a person intending to purchase goods from the Seller is a legal person or person acting in the course of ordering goods in the course of his business or in his own pursuit of his profession.
4. Provisions deviating from the Terms and Conditions may be agreed in the purchase contract. Different arrangements in the Purchase Agreement take precedence over conditions of the Terms and Conditions.
5. The provisions of the Business Terms and Conditions form an integral part of the Purchase Agreement. The purchase contract and terms and conditions are written in English. The purchase contract can be concluded in English as well.
6. The Seller may amend or supplement the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
2. USER ACCOUNT
1. Based on the Buyer's registration made on the Website, the Buyer may access its user interface. From his user interface, the buyer may order goods (hereinafter referred to as "user account"). In case the web interface of the shop allows it, the buyer can also order goods without registration directly from the web interface of the shop.
2. When registering on the Website and ordering goods, the buyer is obliged to provide correct and true information. The Buyer is obliged to update the data stated in the User Account if they happen to be changed. The information given by the Buyer in the user account and while ordering goods is considered by the seller to be correct.
3. Access to the user account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
4. The Buyer is not entitled to allow the use of the User Account to third parties.
5. The Seller may cancel the User Account, especially if the Buyer does not use his / her User Account for more than 12 months or if the Buyer violates his / her obligations under the Purchase Agreement (including Terms and Conditions).
6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software, or necessary maintenance of hardware and software of third parties.
3. CONCLUSION OF THE PURCHASE AGREEMENT
1. All presentation of goods presented on the website interface of the shop is of informative nature and the Seller is not obliged to conclude a purchase contract regarding these goods. Section 1732 (2) of the Civil Code does not apply.
2. The website interface of the store contains information about the goods, including the indication of the prices of individual goods and the cost of returning the goods if, by their very nature, they cannot be returned by the usual postal route. The prices of the goods include VAT and all related charges. Prices of goods remain in effect as long as they are displayed on the store's web interface. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions.
3. The web interface of the store also contains information about the costs of packaging and delivery of the goods.
4. To order the goods, the buyer fills in the order form on the web interface of the shop. In particular, the order form contains information about:
1. the ordered goods (the buyer inserts the ordered goods into the electronic shopping cart of the web interface of the shop),
2. the method of payment for the goods, information on the required method of delivery of the ordered goods and
3. information of the cost of delivering the goods (hereinafter referred to as "Order").
5. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order, with regard to the possibility of the buyer to detect and correct errors in entering data into the order. The buyer sends the order to the seller by clicking on the "finish order" button. The data listed in the order are deemed correct by the seller. Seller immediately upon receiving receipt of the order confirms this receipt to the buyer by e-mail; via the e-mail address of the buyer specified in the user account or the order (hereinafter referred to as "electronic address of the buyer").
6. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example in writing or via telephone).
7. The contractual relationship between the Seller and the Buyer arises upon delivery of the order acceptance (acceptance) sent to the Buyer via e-mail, specifically to the Buyer's e-mail address.
8. The Buyer agrees to use the means of distance communication to conclude the Purchase Agreement. The costs incurred by the buyer by using the means of distance communication in connection with the conclusion of the purchase contract (the cost of internet access, the cost of telephone calls) are paid by the buyer, and these costs do not differ from the base rate.
4. PRICES OF THE GOODS AND PAYMENT CONDITIONS
1. The price of the goods may under the purchase contract be paid by the buyer to the seller as follows:
• Credit card payment via COMGATE payment system;
2. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
3. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice for the payments made under the purchase contract to the Buyer. The seller is a payer of value added tax. The tax document – invoice, will then be issued by the seller to the buyer after the payment for the goods is done and will be sent in writing to the buyer's address, together with the consignment.
5. According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure he must do so within 48 hours.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT (AGREEMENT)
2. The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the delivery of goods modified according to the buyer's wish or for the person from the contract of delivery of perishable goods, which has been irrevocably mixed with other goods upon delivery, from a purchase contract for the delivery of goods in a sealed package which the consumer has removed from the packaging and cannot be returned for hygienic reasons and from a purchase contract for the delivery of an audio or video recording or a computer program, if their original packaging has been violated.
0. If this is not the case referred to in Article 5.1 of the Business Terms or any other case where the Purchase Contract cannot be withdrawn, the buyer shall be entitled to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, up to fourteen (14) days from receipt of the goods, whereas if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the model form provided by the seller, which is attached to the terms and conditions. Withdrawal from the Purchase Contract may be sent by the to, among others, the Seller's premises’ address or the Seller's e-mail address email@example.com.
1. In case of withdrawal from the Purchase Contract in accordance with Article 5.2 of the Terms and Conditions, the Purchase Contract is cancelled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days of the delivery of the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned due to their nature via usual postal route.
2. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepts them from the Buyer. The Seller is also entitled to return the amount provided by the Buyer at the time of returning the goods by the Buyer or otherwise, if the Buyer agrees with this and it does not incur additional costs for the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods were sent to the seller.
3. The Seller is entitled to unilaterally add the claim for damages of the goods against the Buyer's claim for the refund of the purchase price.
4. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with 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 return the purchase price to the Buyer without undue delay and shall do so via transfer to the account specified by the Buyer.
5. If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the termination condition that if the buyer withdraws from the purchase contract, the gift contract for such gift ceases to be in force and the buyer is obliged to return this gift together with the goods to the seller.
3. TRANSPORT AND DELIVERY OF THE GOODS
0. In the event that the way of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this way of transport.
1. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.
2. In the event that the goods must be delivered repeatedly or in any other way than stated in the order for reasons on the part of the buyer, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively costs associated with other means of delivery.
3. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and to notify the carrier immediately in case of any defects. In the event of a breach of the packaging proving the unauthorized entry into the consignment, the Buyer does not have to take over the consignment from the carrier.
4. Other rights and obligations of the parties in the transport of goods may be modified by the special delivery conditions of the Seller if issued by the Seller.
4. RIGHTS FROM DEFECTIVE PERFORMANCE
0. The rights and obligations of the contracting parties regarding the rights of defective performance are be governed by the relevant generally binding legal regulations (in particular provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., of consumer protection, as amended).
1. The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time the goods were taken over by the buyer:
1. the goods have properties that the parties have agreed upon, and if the agreement is missing, it has properties that the seller or manufacturer has described or which the buyer has expected with regard to the nature of the goods and the respective advertising,
2. the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used;
3. the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
4. the goods are in the appropriate quantity, measure or weight;
5. the goods comply with legal requirements.
2. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for the wear and tear of the goods caused by its normal use; in the case of second-hand goods, a defect corresponding to the degree of use or wear and tear the goods have on receipt by the purchaser, or if this is due to the nature of the goods.
3. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt. The Buyer is entitled to exercise the right of defect that occurs in consumer goods within 24 months of receipt.
4. The Buyer shall exercise the right of defective performance with the Seller at the address of the Seller's premises, at which the acceptance of the complaint is possible with respect to the assortment of the goods sold, possibly at the registered office or place of business.
5. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
6. Procedure for claiming goods
5. The complaint must be notified as soon as possible in writing to the address of the establishment, via e-mail at firstname.lastname@example.org, stating what the complaint is about. Products subjected to the right to file a claim must be submitted for assessment immediately upon discovery of the defect. The complaint procedure is as follows:
6. The product for complaint will be picked up by DPD, DHL or GLS shipping service, depending on the country in which the shipment is located. The shipment is in this case paid by the seller.
7. The consignment must be complete, including all documentation, and in the condition in which it was received by the consumer at the time of delivery, possibly with a marked defect location. The goods must be accompanied by all documents and documents contained in the original consignment.
8. It is always necessary to use wrapping paper or cardboard so that the original packaging cannot be stuck, labelled or otherwise damaged during transportation.
9. In case of shipment at the consumer's expense, it is recommended to insure the shipment.
10. In the case of shipment at the consumer's expense, goods sent on delivery cannot be accepted.
11. Immediately after receiving the claimed goods, you will receive an acknowledgment of receipt from us by e-mail or telephone, and the next procedure will be agreed upon. The same applies to information of the progress of the complaint. Upon review, defective or damaged goods will be replaced, or the purchase price will be refunded. New goods are shipped under the same conditions as standard orders.
12. The Seller or an employee authorized by the seller decides of the claim immediately, in complicated cases within three working days of receiving the claimed item. This period does not include the period of time appropriate to the type of product or service required for the expert assessment of the defect. Complaints, including removal of defects, must be handled without undue delay, no later than 30 days from the date of claim, unless the seller and the consumer agree on a longer period. Inability to abide this period is considered a breach of the contract.
13. The Seller shall not be liable for damages resulting from the operation of the products, performance and damage resulting from improper use of the products, as well as damage caused by external events and misuse. Defects of this origin are not covered by the warranty as well.
14. The time limit for settling complaints is suspended if the seller has not received all the necessary documents for handling the complaint (part of the goods, other documents, etc.). The Seller is obliged to request additional information from the consumer as soon as possible. The deadline is suspended from this date until the requested documents are delivered by the consumer.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
0. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.
1. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1) (a). e) of the Civil Code.
2. The handling of consumer complaints is ensured by the seller via e-mail email@example.com. The Seller shall send the Buyer's dealt-with complaint to the Buyer's e-mail address.
3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes emerging from the purchase contract. The on-line dispute resolution platform located at http://ec.europa.eu/consumers/odr can also be used to resolve disputes between the seller and the buyer regarding their contract.
4. The European Consumer Centre in Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC consumer dispute resolution online).
5. The seller is entitled to sell the goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, to a limited extent, supervision over compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
6. The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
15. PROTECTION OF PERSONAL DATA
0. The seller fulfils his obligation to inform the buyer within the meaning of Article 13 of the European Parliament and Council Regulation 2016/679 on the protection of individuals 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) ) (hereinafter the “GDPR Regulation”) relating to the processing of the Buyer's personal data for the purpose of performance of the Purchase Contract, for the purpose of negotiating the Purchase Agreement and for the purposes of fulfilling the Seller's public service obligations through a separate document.
16. SENDING COMMERCIAL MESSAGES AND COOKIES STORAGE
0. In accordance with 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), the Buyer agrees with the sending of commercial communications by the Seller to e-mail address or phone number of the buyer. The Seller delivers his / her information duty to the Buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the Buyer's personal data for the purpose of sending commercial communications through a separate document.
1. Buyer agrees to store cookies on his computer. In the event that the purchase on the website can be performed as well as the seller's obligations under the purchase contract, without the so-called cookies storing on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
0. The Buyer’s goods may be getting messages to the Buyer's email address.
18. FINAL PROVISIONS
0. If the relationship based on the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the right under the preceding sentence, the buyer who is a consumer is not deprived of the protection conferred by the provisions of the law, which cannot be contractually departed from, and which, in the absence of a choice of law, would otherwise apply under Article 6 (1) of the 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).
1. If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision, a provision which’s meaning to the invalid provision is as close as possible. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
2. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
3. The specimen form for withdrawal from the purchase contract is attached to the Terms and Conditions.
4. Contact details of the seller: address for delivery: K Marečku 338, Potštejn 51743, e-mail address: firstname.lastname@example.org, phone 777630306.
In Potštejn on 15.3.2019