Business Terms & Privacy Policy

Business terms and conditions of the company VITALO manufaktura s.r.o., ID number: 29387582, registered office: Bílovec, Budovatelská 1178/35, zip code 743 01, company registered in the commercial register maintained by the Regional Court in Ostrava, section C, insert 38182 for the sale of goods through an online store located on the Internet at vitalo.cz

1. INTRODUCTORY PROVISIONS
   1.1. These terms and conditions (hereinafter referred to as the “terms and conditions”) of the trading company VITALO manufaktura s.r.o., ID number: 29387582, registered office: Bílovec, Budovatelská 1178/35, ZIP Code 743 01 (hereinafter referred to as the “seller”) govern the mutual rights and obligations of the contracting parties arising in connection or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural or legal person (hereinafter referred to as the “buyer”) via the seller’s online store. The online store is operated by the seller at the internet address vitalo.cz (hereinafter referred to as the “website”), through a web interface (hereinafter referred to as the “web interface of the store”).

1.2. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language.

2. USER ACCOUNT
   2.1. Based on the buyer’s registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as “user account”). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change.

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 user account.

2.4. The buyer is not authorized to allow the use of the user account by third parties.

2.5. The seller can cancel the user account, especially if the buyer does not use his user account for more than one year, or if the buyer violates his obligations under the purchase contract (including terms and conditions).

2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.

3. CONCLUSION OF THE PURCHASE AGREEMENT
   3.1. The store’s web interface contains a list of goods offered for sale by the seller, including the prices of the individual goods offered. The prices of the offered goods are listed including value added tax. The offer for the sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed conditions. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to conclude a purchase contract regarding these goods.

3.2. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

3.3. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:

ordered goods (the ordered goods are “put” by the buyer into the electronic shopping cart of the store’s web interface
method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods
information about costs associated with the delivery of goods
(hereinafter collectively referred to as the “order”).

3.4. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the “order” button. 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 interface or in the order (hereinafter referred to as the “buyer’s e-mail address”). By placing an order, the buyer confirms that he has familiarized himself with these terms and conditions and that he agrees with them.

3.5. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.6. The seller will immediately confirm the receipt of the order by e-mail to the buyer’s electronic address, while this confirmation is not an acceptance of the proposal to conclude a purchase contract. The purchase contract itself is concluded by acceptance of the proposal for the conclusion of the purchase contract by the seller, while the acceptance is considered to be the shipment of the goods from

the seller’s wounds to the buyer or the seller’s express acceptance of the proposal to conclude a purchase contract by e-mail.

3.7. The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially violated the purchase contract (including terms and conditions).

3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself.

4. PRICE OF GOODS AND TERMS OF PAYMENT
   4.1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the following ways:
    in cash on delivery at the place specified by the buyer in the order;
    by non-cash transfer
   4.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods.

4.4. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of 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.

4.5. The seller is entitled, especially if the buyer does not provide additional confirmation of the order, to demand payment of the entire purchase price before sending the goods to the buyer.

4.6. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – an invoice – to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer’s e-mail address. In the event that the goods are delivered on an invoice with a due date, the parties have agreed on a penalty of 0.1% of the invoiced amount for each day of delay in case of non-compliance with the due date of the invoice.

5. WITHDRAWAL FROM AGREEMENT
   5.1. The buyer acknowledges that according to § 53 paragraph 8 of the Civil Code, as amended (hereinafter referred to as the “Civil Code”), it is not possible, among other things, to withdraw from the purchase contract for the supply of goods modified according to the wishes of the buyer, as well as goods that are subject to perishability (especially food), wear and tear or obsolescence.

5.2. If it is not a case mentioned in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract without giving a reason and without any penalty, in accordance with the provisions of Section 53, paragraph 7 of the Civil Code, and within fourteen (14) days of receiving the goods. Withdrawal from the purchase contract must be demonstrably delivered to the seller within fourteen (14) days of taking over the goods, to the address of the seller’s registered office.

5.3. In case of withdrawal from the contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) working days of sending the withdrawal from the contract to the seller. In the event that the buyer violates the obligation according to the previous sentence, the seller is entitled to a contractual penalty in the amount of 0.1% of the price of the goods, the return of which the buyer is in arrears, for each day of delay, up to a maximum of the purchase price of the goods . This provision does not affect the right to compensation for any damage caused by a breach of duty to which a contractual penalty applies, even if the damage exceeds the contractual penalty. The goods must be returned to the seller undamaged and unworn, without signs of use and in the original packaging.

5.4. Within a period of ten (10) days from the return of the goods by the buyer in accordance with Article 5.3 of the terms and conditions, the seller is entitled to carry out an examination of the returned goods, in particular to determine whether the returned goods are not damaged, worn or partially consumed. This provision also applies to the product’s primary packaging.

5.5. In the event of withdrawal from the contract according to Article 5.3 of the terms and conditions, the seller will return the purchase price of the goods to the buyer, no later than ten (10) days from the end of the period for reviewing the goods according to Article 5.4 of the terms and conditions, by cashless transfer to the account designated by the buyer. The seller is also entitled to refund the purchase price in cash already when returning the goods to the buyer.

5.6. The buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to compensation for the damage caused to the buyer. The seller is entitled to unilaterally set off the claim for payment of the incurred damage against the buyer’s claim for a refund of the purchase price. In the same way, the seller is entitled to unilaterally set off the claim for a contractual penalty according to Article 5.3 of the terms and conditions against the buyer’s claim for a refund of the purchase price.

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