Wirtschaftsunternehmen NAYAVITA s.r.o., mit Sitz in Radniční 133/1, České Budějovice, 370 01 Tschechische Republik
Email: [email protected]
eingetragen im Handelsregister des Landgerichts in České Budějovice, Abschnitt C, Beilage 30198
für den Verkauf von Waren über einen Online-Shop unter einer Internetadresse www.nayavita.com
I. INTRODUCTORY PROVISIONS
- These business terms (hereinafter „terms“) NAYAVITA s.r.o., with its registered office at Radniční 133/1, 370 01 České Budějovice, identification number: 09435271, entered in the Commercial Register kept at the Regional Court in České Budějovice, Section C, Insert 30198 (hereinafter „seller“) in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter „civil code“) mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as „purchase agreement“) concluded between the seller and another person (hereinafter „buyer“) through the seller’s online store. The internet shop is operated by the seller on a website located at the internet address www.nayavita.com (hereinafter refered to as „website“), through the website interface (hereinafter referred to as „website interface“).
- The provisions of the business terms are an integral part of the purchase agreement. The purchase agreement and business terms are drawn up in Czech and English language. The purchase agreement can be concluded in Czech and English language.
- The wording of the business terms may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the business terms.
II. USER ACCOUNT
- Based on the buyer’s registration made on the website, the buyer can access its user account. From its user account, the buyer can order goods (hereinafter refered to as „user account“). If the website interface of the store allows it, the buyer can also order goods without registration directly from the website interface of the store.
- When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
- 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 user account.
- The buyer is not entitled to allow the use of the user account to third parties.
- The seller may cancel the user account, especially if the buyer has not used his user account for more than 5 years, or if the buyer violates his obligations under the purchase agreement (including the business terms).
- The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or necessary maintenance of third party hardware and software.
III. CONCLUSION OF THE PURCHASE AGREEMENT
- All presentation of goods placed in the website interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. Provisions of § 1732 par. 2 of the civil code shall not apply.
- The website interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if the goods cannot, by their nature, be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The seller is not a VAT payer. The prices of the goods remain valid as long as they are displayed in the website interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.
- The website interface of the store also contains information on the costs associated with the packaging and delivery of goods.
- Delivery of goods is limited to the territory of Europe, USA, Canada, Australia, New Zealand and selected countries within Asia, or by prior express agreement of the seller with the buyer outside the territory of the Czech Republic and Slovakia, under separately agreed conditions.
- To order goods, the buyer fills in the order form in the website interface of the store. The order form contains in particular information about:
- the ordered goods (the ordered goods are „inserted“ by the buyer into the electronic shopping cart of the website interface of the store),
- the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
- information on the costs associated with the delivery of goods (hereinafter refered to as „order“).
- Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer’s ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the button „CONFIRM ORDER & PAY“. The data listed in the order are deemed correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail to the buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as „buyer’s e-mail address“).
- 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 (for example, in writing or by telephone).
- The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail to the buyer’s e-mail address.
- The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of distance communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
IV. PRICE OF GOODS AND PAYMENT TERMS
- The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
- cashless through the payment system;
- cashless via payment card (Visa, Visa Electron, MasterCard, Maestro);
- Along with the purchase price, the buyer is obliged to pay the seller 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.
- The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Art. 4.6 business terms regarding the obligation to pay the purchase price of the goods in advance.
- In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract. If the order is not paid within 7 days from order receipt, the order will be cancelled by the seller without further notice.
- In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods stating the variable payment symbol. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
- Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
- If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the buyer regarding payments made on the basis of the purchase agreement. The seller is not a payer of value added tax. The tax document – invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer’s e-mail address.
V. WITHDRAWAL FROM THE PURCHASE AGREEMENT
- The buyer acknowledges that according to the provisions of § 1837 of the civil code, it is not possible to withdraw from the purchase contract for the supply of goods, which was modified according to the wishes of the buyer or for him, from the purchase contract for the delivery of perishable goods and goods, which has been irretrievably mixed with other goods after delivery, from a purchase contract for the supply 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 supply of an audio or video recording or computer program if he has infringed on their original packaging.
- If it is not a case referred to in Art. v.1 of the business terms or in another case where it is not possible to withdraw from the purchase agreement, the buyer has in accordance with the provisions of § 1829 par. 1 of the civil code, the right to withdraw from the purchase agreement within fourteen (14) days of receipt of goods, and if 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 of goods. The seller increases this statutory period to thirty (30) days. Withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase agreement, the buyer can contact the seller at [email protected]
- In case of withdrawal from the purchase agreement according to Art. V.2 of the business terms, the purchase agreement is cancelled from the beginning. The goods must be returned to the seller by the buyer within thirty (30) days from the delivery of the withdrawal from the purchase agreement to the seller. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
- In case of withdrawal from the purchase agreement according to Art. V.2 of the business terms, 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 received them from the buyer. The seller is also entitled to return the payment provided by the buyer when returning the goods to the buyer or in another way, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
- The seller is entitled to the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price.
- In cases where the buyer has in accordance with the provisions of § 1829 par. 1 of the civil code the right to withdraw from the purchase agreement, the seller is also entitled to withdraw from the purchase agreement at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, electronically to the account designated by the buyer.
- If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase agreement, the gift agreement for such a gift ceases to be effective and the buyer is obliged to return the gift.
- The seller reserves the right to cancel the order or part thereof in the following cases: the goods are no longer produced or delivered. In the event that this situation occurs, the seller will immediately contact the buyer to agree on further action. In the event that the buyer has already paid part or all of the purchase price, this amount will be returned to him by transfer to the account communicated by the buyer, or in another suitable form. In the event that the customer fills in incorrect or incomplete contact details when ordering, it is considered that the purchase agreement has not been concluded.
VI. SHIPPING AND RETURNS
- If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
- If, according to the purchase agreement, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
- Shipping of goods to European countries is paid by the buyer at a flat rate set in the following table:
Countries Orders over €100 CZK flat fee EUR flat fee Czechia free 110 5 Slovakia, Bulgaria, Croatia, Germany, Austria, Hungary, Poland, Romania, Ukraine, Greece free 160 6 Belgium, Denmark, Estonia, France, Spain, Italy, Portugal, Ireland, Lituania, Latvia, Netherlands free 260 10 Finland, Sweden, Switzerland, Luxembourg, Lichtenstein, Norway, UK – 465 18
- In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with another method of delivery.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
- Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.
VII. RIGHTS FROM DEFECTIVE FULFILLMENT
- The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the civil code and Act No. 634/1992 Coll., On consumer protection, as amended).
- The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
- the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of their advertising,
- the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
- the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with the requirements of legal regulations.
- The provisions referred to in Art. VII.2 of the business terms shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or if it follows from the nature of the goods.
- The rights from defective fulfillment are exercised by the buyer by agreement in electronic form at [email protected]
- Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint procedure.
VIII. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The buyer acquires ownership of the goods by paying the full purchase price of the goods.
- In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 letter e) civil code.
- The seller handles consumer complaints via the electronic address [email protected] The seller will send information on the settlement of the buyer’s complaint to the buyer’s e-mail address.
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible 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 a purchase agreement.
- 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 from 21. May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
- The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
- The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 par. 2 civil code.
- The seller checks that published product reviews are written by buyers who purchased these products by comparison of review email address with order details.
- The information obligation towards the buyer in the sense of Art. 13 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 „GDPR“) related to the processing of the buyer’s personal data for the purposes of fulfilling the purchase agreement, for the purposes of negotiating this agreement and for the purposes of fulfilling the public obligations of the seller, the seller shall perform by means of a special document.
X. MESSAGING AND COOKIES
- The buyer agrees to the sending of information related to the goods, services or business of the seller to the electronic address of the buyer and further agrees to the sending of commercial communications by the seller to the electronic address of the buyer. The information obligation towards the buyer in the sense of Art. 13 of the GDPR related to the processing of the buyer’s personal data for the purpose of sending commercial communications is fulfilled by the seller through a special document.
- The buyer agrees to seller storing the so-called cookies on their computer. if it is possible to make a purchase on the website and fulfill the seller’s obligations under the purchase agreement, without storing the so-called cookies on the seller’s computer, the buyer can the agreement in the previous sentence withdraw at any time.
XI. MESSAGE DELIVERY
- It can be delivered to the buyer to the buyer’s email address.
- The buyer can pay via bank transfer or by card facilitated by the payment gate provider.
- Bank transfer is only possible in the Czech Republic, Slovakia and Poland with select financial institutions supported by the payment gate provider. To pay by bank transfer, select the appropriate payment method after the order confirmation. Bank transfers are only possible in two (2) currencies – CZK and EUR.
- When the buyer pays via bank transfer, the order will be shipped after the payment has been confirmed by the seller’s financial institution.
- In case the payment hasn’t arrived with the seller on 7th day after the order has been made, the order will be cancelled without warning.
- Card payments are possible in two (2) currencies – CZK and EUR. After the order confirmation, the buyer selects ‚pay by card‘ option from the payment method menu and will be redirected to payment page.
- Payments by card are almost instant. The seller accepts all cards VISA, VISA Electron, MasterCard and Maestro.
XIII. FINAL PROVISIONS
- 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. The choice of law according to the previous sentence does not deprive the buyer, who is a consumer, of the protection afforded to him by the provisions of the legal order, from which it is not possible to deviate by contract, and which would otherwise apply in accordance with the provisions of Art. 6 par. 1 Regulation (EC) No 593/2008 of the European Parliament and of the Council from 17. June 2008 on the law applicable to contractual obligations (Rome I).
- If any provision of the Terms and Conditions is or becomes invalid or ineffective, 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 shall not affect the validity of the other provisions.
- The purchase agreement, including business terms, is archived by the seller in electronic form and is not accessible.
- Seller’s contact details: delivery address Radniční 133/1, 370 01 České Budějovice, e-mail address [email protected], telephone +420 728 328 732.
In České Budějovice 03.01.2023