of a business company
H.E.A.L. – Holistic Eating and Living s.r.o.
with its registered office at Kadeřávkovská 1072/13,
160 00 Prague 6 – Dejvice
ID number: 07976119
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 310861 for the sale of goods through an online shop located at www.heal4meal.com
- INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of H.E.A.L. – Holistic Eating and Living s.r.o, with its registered office at Kadeřávkovská 1072/13, 160 00 Prague 6 – Dejvice, identification number 07976119, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 310861 (hereinafter referred to as the “Seller”) with the provision of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the 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”) through the Seller’s online store. The online store is operated by the Seller on the website located at www.heal4meal.com (hereinafter referred to as the “Website”), through the website interface (hereinafter referred to as the “webstore interface”).
1.2. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person who acts when ordering goods in the course of his/her business activity or within his/her independent profession.
1.3. Provisions deviating from the terms and conditions can be agreed in the Purchase Agreement. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the terms and conditions are written in Czech. The Purchase Agreement can be concluded in Czech.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to the rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
- User Account
2.1. Based on the Buyer’s registration on the website, the Buyer can access his/her user interface. From their user interface the Buyer can order goods (hereinafter referred to as “User Account“). If the web interface allows such option, the Buyer can also order goods without registration directly from the webstore interface.
2.2. When registering on the website and ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the User Account upon any change. The data provided by the Buyer in the User Account and when ordering goods are considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her User Account.
2.4. The Buyer is not entitled to allow the use of the User Account by third parties.
2.5. The Seller may cancel the User Account, especially if the Buyer has not used his User Account for more than 12 months, or if the Buyer breaches his obligations under the Purchase Agreement (including Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller or the necessary maintenance of hardware and software of a third party.
- CONCLUSION OF THE Purchase Agreement
3.1. All presentation of the goods placed in the webstore interface is of informative character and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. The webstore interface contains information about the goods, including the prices of individual goods and the cost of returning the goods, if such goods cannot by their nature be returned by the normal postal route. Prices of goods include VAT and all related fees. The prices of the goods remain valid as long as they are displayed in the shop’s web interface. This provision does not limit the Seller’s ability to conclude a Purchase Agreement under individually negotiated conditions.
3.3. The webstore interface also contains information about the costs associated with packaging and delivery.
3.4. To order goods, the Buyer fills in the order form in the webstore interface. The order form contains information about:
3.4.1. ordered goods (the ordered goods are “placed” by the Buyer into the electronic shopping cart of the webstore interface)
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order“).
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order by the Buyer, also with regard to the Buyer’s ability to detect and correct errors caused by entering data into the Order. The Buyer sends the Order to the Seller by clicking on the “Place order” button. The data listed in the Order they are deemed correct by the Seller. The Seller shall confirm the receipt to the Buyer immediately upon receipt of the order by e-mail to the Buyer’s email address specified in the User Account or in the Order (hereinafter referred to as the “Buyer’s Email Address”).
3.6. Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (eg in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s email address.
3.8. The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the Purchase Agreement (Internet connection costs, telephone costs) shall be borne by the Buyer herself/himself, and these costs do not differ from the standard rate.
- PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of goods according to the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:
- cash on delivery at the place specified by the Buyer in the order
- by cashless transfer to the Seller’s Account No.CZ05 0800 0000 0054 8046 7349, kept by Česká spořitelna, a. s. (hereinafter referred to as the “Seller’s Account”)
- cashless via PayPal payment system
- cashless via payment card
4.2. Together with the purchase price, the Buyer is obliged to pay to the Seller also the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The Seller does not require the Buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within five (5) calendar days from the conclusion of the Purchase Agreement.
4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. 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.
4.6. The Seller is entitled, especially if the Buyer fails to confirm the order additionally (Article 3.6), to request payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4.8. If it is usual in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document – invoice regarding payments made under the Purchase Agreement. The Seller is not a payer of value added tax. The tax document – invoice is issued by the Seller to the Buyer after payment of the price of goods and sent in electronic form to the Buyer’s email address.
4.9. Pursuant to the Act on 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 revenue with the tax administrator online; in the event of a technical failure, no later than 48 hours.
- Withdrawal from the Purchase Agreement
5.1. The Buyer acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Agreement for the supply of goods that has been modified according to the Buyer’s wish or for himself. which has been irretrievably mixed with other goods after delivery, from a sealed package Purchase Agreement which the consumer has removed from the package and cannot be returned for hygiene reasons, and from a sound or video recording or computer program delivery contract if it has violated their original packaging.
5.2. Unless this is the case referred to in Article 5.1 of the Terms and Conditions or any other case in which it is not possible to withdraw from the Purchase Agreement, the Buyer has, in accordance with the Code, the right to withdraw from the Purchase Agreement within fourteen (14) days from the receipt of goods, and in the case that the subject of the Purchase Agreement is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery. Withdrawal from the contract of sale must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the Purchase Agreement, the Buyer may use the sample form provided by the Seller, which is attached to the terms and conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer to the Seller’s premises or the Seller’s email address firstname.lastname@example.org
5.3. In case of withdrawal from the Purchase Agreement according to Article 5.2 of the Terms and Conditions, the Purchase Agreement is canceled from the beginning. The Goods must be returned to the Seller by the Buyer within fourteen (14) days from the delivery of the withdrawal from the contract to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the cost of returning the goods to the Seller, even if the goods can not be returned by its nature by normal mail.
5.4. In case of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase Agreement by Buyer in the same manner as the Seller accepted them from the Buyer. The Seller is also entitled to return the funds provided by the Buyer upon returning the goods by the Buyer or otherwise, if the Buyer agrees and does not incur additional costs to the Buyer. If the Buyer withdraws from the contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that the goods were sent to the Seller.
5.5. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer’s claim for refund of the purchase price.
5.6. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer accepts the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the account specified by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the proviso that if the Buyer withdraws from the Purchase Agreement, the gift contract for such a gift ceases to be effective and the Buyer is obliged to return the provided gift as well.
- TRANSPORT AND DELIVERY OF GOODS
6.1. If the mode of transport is negotiated on the basis of a special request of the Buyer, the Buyer bears the risk and possible additional costs associated with this mode of transport.
6.2. If the Seller is obliged to deliver the goods to the place specified by the Buyer according to the Purchase Agreement in the order, the Buyer is obliged to take over the delivery of the goods upon delivery.
6.3. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of goods, respectively the costs associated with other delivery methods.
6.4. When receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of goods and in case of any defects notify the carrier immediately. In case of finding a breach of the package, which indicates unauthorized entry into the shipment, the Buyer needs not take the shipment from the carrier. This does not affect the Buyer’s rights from liability for defects of the goods and other Buyer’s rights resulting from generally binding legal regulations.
6.5. Other rights and obligations of the parties in the delivery of goods may be governed by special delivery terms of the Seller, if issued by the Seller.
- RIGHTS OF DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties in respect of rights 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 2174 of the Civil Code and Act No. 634/1992 Coll. as amended).
7.2. The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time when the Buyer has received the goods:
7.2.1. the goods have the properties agreed by the parties and, in the absence of an agreement, the goods described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and the advertising they carry out,
7.2.2. the goods are fit for the purpose stated by the Seller or for which goods of this kind are usually used,
7.2.3. the goods correspond to the quality or design agreed upon in the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
7.2.4. the goods are of an appropriate quantity, measure or weight, and
7.2.5. the goods comply with legal requirements.
7.3. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.
7.4. The Seller shall have the obligations of defective performance at least to the extent that they persist obligations arising from defective performance of the manufacturer. The Buyer is otherwise entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. If the period of time for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legislation, the quality guarantee provisions shall apply. By guaranteeing the quality, the Seller undertakes that the goods will be fit for normal use for a certain period of time or that they will retain their usual properties. If the Buyer has rightfully complained to the Seller of the defect of the goods, the period for exercising the rights from defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective goods.
7.5. The provisions stated in Article 7.4 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, to wear of the goods caused by its normal use, by the Buyer or if it results from the nature of the goods. The Buyer shall not be entitled to any defective performance if the Buyer knew that the goods had a defect or if the Buyer himself caused the defect.
7.6. Rights from liability for defects of the goods shall be exercised by the Seller. However, if the certificate issued to the Seller regarding the scope of the liability rights for defects (within the meaning of Section 2166 of the Civil Code) states another person to be repaired, which is closer to the Seller or the Buyer, who is to repair. Except in cases where another person according to the previous sentence is intended to carry out the repair, the Seller is obliged to accept the complaint in any establishment, where acceptance of the complaint is possible with respect to the assortment of products or services sold, possibly also in the registered office or place of business. The Seller is obliged to give the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; and 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 by the Seller for repair.
7.7. The Buyer may specifically assert rights of liability for defects of goods in person at the address, by telephone at the number or by email at the address.
7.8. The Buyer shall inform the Seller of his/her right at the time of the defect notification or without undue delay after the defect notification. The Buyer cannot change the choice made without the Seller’s consent; this does not apply if the Buyer asked for repair of the defect, which proves to be irreparable.
7.9. If the goods do not have the characteristics specified in Article 7.2 of the Terms and Conditions, the Buyer may also demand the delivery of new goods without defects, unless this is disproportionate due to the nature of the defect, if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect. The Buyer has the right to deliver new goods or to replace a part even in the case of a removable defect, if he cannot properly use the goods for repeated occurrence of the defect after repair or for a larger number of defects. In this case, the Buyer has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may claim a reasonable discount. The Buyer shall be entitled to a reasonable discount even if the Seller cannot deliver new goods without defects, replace its parts or repair the goods, or if the Seller fails to rectify the goods within a reasonable time or if the Buyer has remedied the problem.
7.10. Whoever has the right pursuant to § 1923 of the Civil Code shall also be entitled to reimbursement of costs effectively incurred in exercising this right. However, if the claim for compensation is not exercised within one month after the expiry of the period within which the defect must be claimed, the court will not grant the right if the Seller claims that the claim for compensation was not exercised in time.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 para. e) of the Civil Code.
8.3. Consumer complaints are handled by the Seller via an electronic address. The Seller shall send information about the settlement of the Buyer’s complaint to the Buyer’s email address.
8.4. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the Purchase Agreement. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the sales contract.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to 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 (Online Consumer Dispute Resolution Regulation).
8.6. The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. the Czech trade inspection 7.11. Other rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s Complaints Procedure. performs, to a limited extent, supervision of compliance with Act No. 634/1992 Coll.
8.7. The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
- PROTECTION OF PERSONAL DATA
9.1. Its obligation to inform the purchaser within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council 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 referred to as the “GDPR Regulation”) relating to the processing of Buyer’s personal data for the purpose of performance of the Purchase Agreement, for the purpose of negotiating the Purchase Agreement, and for the fulfillment of Seller’s public obligations.
- SENDING BUSINESS MESSAGES AND STORING COOKIES
10.1. Pursuant to 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, the Buyer agrees with sending commercial communications to the Seller’s electronic address or the Buyer’s phone number. The Seller fulfills its obligation to inform the Buyer within the meaning of Article 13 of GDPR relating to the processing of Buyer’s personal data for the purpose of sending commercial communications by means of a separate document.
10.2. The Buyer agrees to the storing of cookies on his computer. If it is possible to make a purchase on the website and fulfill the Seller’s obligations under the purchase agreement without depositing so-called cookies on the Buyer’s computer, the Buyer may at any time withdraw the consent under the previous sentence.
11.1. It is possible to deliver to the Buyer via the Buyer’s email address.
- FINAL PROVISIONS
12.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law referred to in the previous sentence, the consumer who is a consumer is not deprived of the protection afforded by the provisions of the legal order from which there is no contractual derogation and which, in the absence of a choice of law, otherwise, it has exercised its rights under 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).
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The Purchase Agreement, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.
12.4. A standard form for withdrawal from the Purchase Agreement is attached to the Terms and Conditions.
12.5. Seller’s contact details: Kadeřávkovská 13, Praha 6, 160 00, email@example.com