Nutristar s.r.o., Starochuchelská 29/6, 159 00 Prague 5, Czech Republic, company ID: 24306592, insert C 195163, filed with the Municipal Court in Prague
for the sale of products through an online shop located on the website: www.nutristar.cz
1.1. These Terms and Conditions ("Terms and Conditions") of Nutristar s.r.o.,Bratislavská 1527/17, Prague 10, 102 00, Czech Republic, company ID no.: 24306592, insert C 195163, filed with the Municipal Court in Prague,
(the "Vendor") regulate, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code, as amended (the "Civil Code"), the mutual rights and obligations of the contractual parties as derive in connection with or on the basis of the Purchase Agreement (the "Purchase Agreement"), as concluded between the Vendor and another physical person (the "Buyer") through the Vendor's Internet shop. The e-shop is operated by the Vendor on a website located at www.nutristar.cz (the "Website") through the web interface (the "shop's web interface").
1.2. The Terms and Conditions do not apply to cases where a person intending to buy products from the Vendor is a legal person or person who is ordering products in the course of their business activities or in their independent pursuit of their profession.
1.3. Arrangements deviating from the Terms and Conditions may be negotiated in the Purchase Agreement. Deviating arrangements in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.
1.4. The provisions contained in the Terms and Conditions constitute an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5. The Vendor may amend or supplement the wording of the Terms and Conditions. This provision is without prejudice to rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.
2.1. Buyers can access their user interface on the basis of the Buyer's registration on the Website. Buyers can order products from his/her user interface (the "User Account"). If allowed by the shop's web interface, the Buyer may also order products without registration directly from the shop's web interface.
2.2. When registering and ordering products on the Website, the Buyer is obligated to ensure that all data submitted is correct and truthful. The Buyer must update the data stated in the User Account in the event of any change. The data stated by the Buyer in the User Account and in the course of ordering products shall be deemed correct by the Vendor.
2.3. Access to the User Account is secured by a user name and password. The Buyer is required to maintain the confidentiality of information necessary to access his/her User Account.
2.4. The Buyer is not authorised to permit the use of a User Account by third parties.
2.5. The Vendor may cancel a User Account, especially if the Buyer does not use his/her User Account for a period exceeding one year, or if the Buyer is in breach of his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6. The Buyer notes that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Vendor's hardware and software, or the necessary maintenance of hardware and software of third parties.
3.1. All presentations of the products placed in the shop's web interface are of an informative nature and the Vendor is not obliged to enter into a Purchase Agreement for those products. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. The shop's web interface contains information about the products, including statement of the prices of individual products. The quoted prices of products include value-added tax and all related fees. The prices of products remain valid for as long as they are displayed on the shop's web interface. This provision does not restrict the ability of the Vendor to enter into a Purchase Agreement under individually negotiated terms.
3.3. The shop's web interface also includes information on the cost of the packaging and delivery of products. Information on the costs associated with the packaging and delivery of products listed in the shop's web interface is valid only in cases when the product(s) are delivered within the territory of the Czech Republic.
3.4. To order products, the Buyer must fill in the order form in the shop's web interface The order form includes, in particular, information on:
3.4.1. ordered products (the Buyer "places" good in the electronic shopping basket of the shop's web interface),
3.4.2. the method of payment of the purchase price of the products, details of the required delivery method of ordered products, and
3.4.3. information on the costs associated with the supply of products (collectively referred to as an "Order").
3.5. Before sending the order to the Vendor, the Buyer is allowed to check and modify the data that the Buyer has placed in the order, including the option for the Buyer to detect and correct any errors that have occurred when entering data during the ordering process. The Buyer then sends the Order to the Vendor by clicking on the "Confirm order" button. The data stated in the order is deemed correct by the Vendor. On receipt of the order, the Vendor acknowledges such receipt to the Buyer by e-mail to the Buyer's e-mail address as listed in his/her user account or in the order (the "Buyer's e-mail address").
3.6. The Vendor is entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone) at any time, depending on the nature of the order (quantity of products, purchase price, estimated shipping costs).
3.7. The contractual relationship between the Vendor and the Buyer arises on delivery the acceptance of an Order, which the Vendor sends to the Buyer by e-mail to the Buyer's e-mail address. 3.8. The Buyer agrees to the use of remote means of communication when entering into the Purchase Agreement. Costs incurred by the Buyer when using remote means of communication in connection with the entering into of a Purchase Agreement (costs of Internet connection, telephone call costs) shall be borne by the Buyer, whereby these costs shall not deviate from the basic rate.
4.1. The Buyer may pay the price of the product(s) and any costs associated with the delivery of the product(s) under the Purchase Agreement by the following means: in cash by cash-free transfer to Vendor's account no. 284251038/0300, held with ČSOB (the "Vendor's Account") by cash on delivery at a place determined by the Buyer in the order and by payment card In addition to the purchase price, the Buyer is also obliged to also pay the Vendor the costs associated with the packaging and delivery of the product(s) to the agreed amount. Unless stated otherwise, the purchase price shall further include the costs associated with the delivery of products.
4.2. The Vendor shall not request a deposit or other similar payment from the Buyer. This shall be without prejudice to the provisions of Art. 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the product(s) in advance.
4.3. In the case of cash payment or cash on delivery, the purchase price shall be payable upon receipt of the product(s). In the case of non-cash payment, the purchase price shall be payable within 7 days of entering into the Purchase Agreement.
4.4. In the case of non-cash payment, the Buyer is required to enter the variable symbol for payment when paying the purchase price of the product(s). In the case of non-cash payment, the obligation of the Buyer to pay the purchase price is fulfilled at the moment at which the relevant amount is credited to the Vendor's Account.
4.5. The Vendor is entitled, in particular if the Buyer fails to provide additional confirmation of the Order (Art. 3.6), to request payment in full of the purchase price before the product(s) are dispatched to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.6. It is not possible to combine any discounts on the price of products provided by the Vendor to the Buyer.
4.7. If it is customary in the course of a transaction, or if it is stipulated by generally binding statutory regulations, the Vendor shall issue a tax document (invoice) to the Buyer in respect of payments made under the Purchase Agreement. The Vendor is not a payer of value-added tax. A tax document (invoice) shall be issued by the Vendor to the Buyer following payment of the price of the product(s). It shall be sent together with the product(s) to the delivery address of the Buyer, as stated in the order. In the case of personal collection, the Vendor shall provide the Buyer with a tax document (receipt) together with the product(s).
4.8. Under the law on the registration of sales, the Vendor is obliged to issue a receipt to the Buyer. The Vendor is also obliged to register received revenue with the tax administrator online; in case of technical failure, within forty-eight hours.
5.1. The Buyer notes that, under Section 1837 of the Civil Code, it is not possible to withdraw, inter alia, from a Purchase Agreement for the supply of products that has been adjusted according to the wishes of or for the Buyer, from a Purchase Agreement for the delivery of perishable products, which after the delivery were irrevocably mixed with other products, or from a Purchase Agreement for the supply of products in sealed packaging which the consumer has taken out of the packaging and cannot be returned for hygienic reasons.
5.2. If this is not a case as referred to in Art. 5.1 of the Terms and Conditions, or another case in which the Buyer cannot withdraw from the Purchase Agreement, the Buyer shall have, in accordance with the provisions of Section 1829 (1) of the Civil Code, the right to withdraw from the purchase contract within 14 days of the receipt of the product(s). In the case of several types of products or the delivery of several parts, this period shall run from the date of the last delivery of the products. Notice of withdrawal from the sales contract must be sent to the Vendor within the time limit specified in the previous clause. The buyer may send notice of withdrawal from the Purchase Agreement to, inter alia, the address of the Vendor's registered office or to the Vendor's e-mail address at [email protected].
5.3. In case of withdrawal from the Purchase Agreement under Art. 5.2 of the Terms and Conditions, the Purchase Agreement is cancelled from the outset. The Buyer must return the product(s) to the Vendor within 14 (fourteen) days of delivery to the Vendor of notice to withdraw from the Purchase Agreement. If the Buyer withdraws from the Purchase Agreement, the cost of returning the product(s) to the Vendor shall be borne by the Buyer, even if the nature of the product(s) means that they cannot be returned by the normal postal route.
5.4. In case of withdrawal from the Purchase Agreement under Art. 5.2 of the Terms and Conditions, the Vendor shall return the funds received from the Buyer within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner in which the Vendor received them from the Buyer. The Vendor is also entitled to return the performance provided by the Buyer upon return of the product(s) by the Buyer or otherwise, provided the Buyer agrees with and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Vendor is not obliged to return the received funds to the Buyer before the Buyer has returned the product(s) or demonstrated that he/she has sent the product(s) to the Vendor.
5.5. The Vendor is entitled to unilaterally settle a claim for damages against the Buyer's claim for the return of the purchase price.
5.6. In cases where the Buyer has, under the provisions of Section 1829 (1) of the Civil Code, the right to withdraw from the Purchase Agreement, the Vendor is also entitled to withdraw from the purchase contract at any time until the Buyer receives the product(s). In such a case, the Vendor shall reimburse the Buyer for the purchase price without undue delay, without charge, to the account specified by the Buyer.
5.7. If a gift is provided to the Buyer together with the product(s), a gift agreement between the Vendor and the Buyer shall be entered into on condition that, if the Buyer withdraws from the Purchase Agreement, the gift agreement shall expire and the Buyer shall be obliged to return the product(s) together with the gift provided by the Vendor.
6.1. If the mode of transport is agreed upon on the basis of a special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this mode of transport.
6.2. If the Vendor is obliged to deliver the product(s) to a place specified by the Buyer in the Order, the Buyer is obliged to receive the product(s) upon delivery.
6.3. If, for reasons on the Buyer's side, it is necessary to deliver the product(s) repeatedly or in a manner other than that specified in the Order, the Buyer is obliged to meet the costs associated with the repeated delivery of the product(s), and/or the costs associated with the other means of delivery.
6.4. Upon receipt of the product(s) from the carrier, the Buyer is required to check the integrity of the packaging of the product(s) and, in the event of any defects, to notify the carrier of these without undue delay. In the event of a breach of the packaging, indicating unauthorised entry into the consignment, the Buyer is not required to accept the consignment from the carrier.
6.5. Other rights and obligations of the contractual parties in the transport of product(s) may be governed by the Vendor's special terms and conditions of delivery if such have been issued by the Vendor.
7.1. The rights and obligations of the contractual parties regarding rights in the event of defective performance are governed by the applicable generally binding statutory regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and the Consumer Protection Act 634/1992 Coll., as amended).
7.2. The Vendor is responsible to the Buyer for ensuring that the product(s) are free of defects. In particular, the Vendor is liable to the Buyer to ensure that, at the time when the buyer receives the product(s):
7.2.1. the product(s) have the properties agreed upon by the contractual parties, and if no agreement is in place, the product(s) shall have the properties as described by the Vendor or the manufacturer, or which the Buyer was expecting with regards to the format of the product(s) and on the basis of what was implied in the advertisement,
7.2.2. the product(s) are suitable for the purpose indicated by the Vendor or for which products of this type are normally used,
7.2.3. the product(s) correspond to the quality or performance of the agreed sample or original if the quality or design was determined on the basis of the agreed sample or original,
7.2.4. the product(s) are provided in the appropriate quantity, degree or weight and
7.2.5. the product(s) are compliant with statutory requirements.
7.3. The provisions listed in Art. 7.2 of the Terms and Conditions shall not apply to products sold at a lower price for a defect for which a lower price has been agreed.
7.4. The Buyer shall assert claims based on rights from defective performance at the address of commercial premises of the Vendor at which acceptance of the complaint is possible with regard to the range of products sold, or even at the Vendor's registered office.
7.5. Other rights and obligations of the contractual parties related to the Vendor's liability for defects may be regulated by the Vendor's claim rules.
8.1. The Buyer acquires ownership of the product(s) by paying the full purchase price of the product(s).
8.2. The Vendor is not bound by any codes of conduct in relation to the Buyer in the sense of Section 1826 (1) e) of the Civil Code.
8.3. Consumer complaints are handled by the Vendor through the e-mail address [email protected]. The Vendor shall send the Buyer information on the processing of his/her claim to the Buyer's e-mail address.
8.4. The Vendor is authorised to sell goods on the basis of a trade license. Activities performed on the basis of a trade licence shall be inspected by the relevant trade licensing office within the scope of its competence. Supervision of personal data protection area is carried out by the Office for Personal Data Protection. To a limited extent the Czech Trade Inspection Authority supervises, inter alia, observance of the Consumer Protection Act no. 634/1992 Coll., as amended.
8.5. The Buyer hereby accepts the risk of a change in circumstances in the sense of Section 1765 2 of the Civil Code.
9.1. Protection of the personal data of a Buyer who is a natural person is provided under Act no. 101/2000 Coll., on the protection of personal data, as amended.
9.2. The Buyer consents to the process of the following personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number ("personal data").
9.3. The Buyer agrees to the processing of personal data by the Vendor for the purpose of realising the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If the Buyer does not choose another option, he/she consents to the processing of personal data by the Vendor, including for the purpose of sending information and commercial messages to the Buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to enter into a Purchase Agreement.
9.4. The Buyer acknowledges that, when registering, in his/her user account, and when ordering from the web interface of the shop, he/she is obliged to state his/her personal data correctly and truthfully, and that he/she is obliged to inform the Vendor of any change in his/her personal data without undue delay.
9.5. The Vendor may authorise a third party to process the Buyer's personal data as a processor of personal data. With the exception of persons transporting goods, the Vendor will not pass on personal data to third parties without the Buyer's prior consent.
9.6. Personal data will be processed for an indefinite period of time. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer confirms that the personal data provided is accurate and that he/she has been informed that personal data is provided on a voluntary basis.
9.8. Should the Buyer believe that the Vendor or the processor (Art. 9.5) has processed his/her personal data in a manner that is contrary to the protection of the Buyer's private and personal life or is in breach of the law, in particular if personal data is inaccurate with regard to the purpose of its processing, the Buyer may:
9.8.1. ask the Vendor or processor for an explanation,
9.8.2. require the Vendor or processor to remedy the resulting situation.
9.9. If the Buyer requests information on the processing of his/her personal data, the Vendor is required to pass on this information. The Vendor has the right to request payment of an appropriate fee for the provision of information under the preceding clause. Such a fee must not exceed the cost of providing such information.
10.1. The Buyer consents to the sending of information related to the Vendor's products, services or business to the Buyer's e-mail address and consents to the sending of sales announcements to the Buyer's e-mail address.
10.2. The Buyer consents to the storing of cookies on his/her computer. If it is possible to make the purchase on the website and the Vendor's obligations under the Purchase Agreement are met without the so-called cookies being stored on the Buyer's computer, the Buyer may withdraw his/her consent under the previous clause at any time.
11.1. Deliveries may be made to the Buyer's e-mail address.
12.1. If the relationship based on the Purchase Agreement contains an international (foreign) element, then the contractual parties agree that the relationship shall be governed by Czech law.
12.2. The choice of jurisdiction under Art. 12.1 of the Terms and Conditions does not deprive the consumer of the protection afforded to him/her by the provisions of the legal code, from which the agreement may not deviate and which, in the absence of choice of law, he/she would otherwise exercise under Art. 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)
12.3. If any provision of these Terms and Conditions is invalid or ineffective, or becomes invalid, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
12.4. The Purchase Agreement, including the Terms and Conditions, is archived by the Vendor in electronic form and is not accessible.
12.5. Contact information of the Vendor: Nutristar s.r.o., delivery address Starochuchelská 29/6, 159 00 Prague 5, e-mail address [email protected], telephone +420 776 892 207