Terms and Conditions

TERMS AND CONDITIONS

These General Terms and Conditions (“Terms”) of Nutristar s.r.o., with its registered office at Bratislavská 1527/17, 102 00 Prague 10, Czech Republic, Company ID No.: 24306592, registered in the Commercial Register under file No. C 195163 maintained by the Municipal Court in Prague, e-mail: martinek@nutristar.cz, phone: +420 602 450 738 (the “Seller”), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of you as the buyer and us as the seller arising in connection with or on the basis of a purchase contract (the “Contract”) concluded through the e-shop on the website: www.nutristar.cz.

All information regarding the processing of your personal data is contained in the Personal Data Processing Policy, available here: /podminky-ochrany-osobnich-udaju/.

The provisions of these Terms form an integral part of the Contract. The Contract and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement the wording of these Terms. This provision does not affect rights and obligations arising during the effectiveness of the previous wording of the Terms.

As you are aware, we communicate primarily remotely. Therefore, for our Contract it also applies that means of distance communication are used, enabling us to reach agreement without our and your simultaneous physical presence, and the Contract is concluded as a distance contract in the e-shop environment via the website interface (“E-shop web interface”).

If any part of these Terms conflicts with what we have mutually approved during your purchase process in our e-shop, the specific agreement shall prevail over these Terms.

I. DEFINITIONS

For the purposes of these Terms:

Price means the monetary amount you will pay for the Goods;
Shipping Price means the monetary amount you will pay for delivery of the Goods, including packaging;
Total Price means the sum of the Price and the Shipping Price;
VAT means value added tax under applicable legal regulations;
Invoice means a tax document issued in accordance with the VAT Act for the Total Price;
Order means your irrevocable proposal to enter into a Contract for the purchase of the Goods with us;
User Account means an account established based on the data you provide, enabling the storage of entered data and the history of ordered Goods and concluded Contracts;
You means the person purchasing in our e-shop, referred to by law as the buyer;
Goods means everything that can be purchased in the e-shop.

II. GENERAL PROVISIONS AND INFORMATION

Purchase of the Goods is possible only via the E-shop web interface.

When purchasing the Goods, you are obliged to provide us with all information correctly and truthfully. We will therefore consider the information you provided when ordering the Goods to be correct and true.

III. CONCLUSION OF THE CONTRACT

The Contract with us may be concluded only in the Czech language.

The Contract is concluded remotely via the e-shop, and you bear the costs of using distance communication means. These costs do not differ from the basic rate you pay for using such means (in particular internet access), and you should not expect any additional costs charged by us beyond the Total Price. By sending the Order, you agree that we use distance communication means.

In order to conclude the Contract, you must create a draft Order in the e-shop. The draft must contain the following information:

a) Information about the Goods being purchased (in the e-shop you select the Goods you wish to purchase by clicking “Add to cart”);
b) Information about the Price, Shipping Price, method of payment of the Total Price and the requested method of delivery; this information is entered within the user environment of the e-shop, and information about the Price, Shipping Price and Total Price will be stated automatically based on the Goods and delivery method you choose;
c) Your identification and contact details required for delivery of the Goods, especially first name, last name, delivery address, phone number and e-mail address;
d) In the case of a Contract under which we will supply the Goods regularly and repeatedly, also the information for how long we will supply the Goods.

During creation of the draft Order, you may change and check the entered data until the Order is created. After checking the data and pressing the button “Order with obligation to pay” you submit the Order. Before pressing the button, you must also confirm that you have read and agree with these Terms; otherwise it will not be possible to create the Order. A checkbox is used for such confirmation and consent. After pressing the “Order with obligation to pay” button, all completed information will be sent directly to us.

We will confirm receipt of your Order as soon as possible by sending a message to the e-mail address stated in the Order. The confirmation will include a summary of the Order and these Terms. By our confirmation of the Order, the Contract is concluded between you and us. The Terms effective on the date of the Order form an integral part of the Contract.

There may be cases where we cannot confirm your Order, in particular if the Goods are not available or if you order a quantity exceeding the maximum allowed by us. Information about maximum quantity will always be provided in advance in the e-shop. If any reason arises preventing confirmation of your Order, we will contact you and send an offer to conclude the Contract in a modified form compared to the Order. In such a case, the Contract is concluded when you confirm our offer.

If an obviously incorrect Price is stated in the e-shop or in the draft Order, we are not obliged to deliver the Goods at such Price even if you have received Order confirmation and the Contract has been concluded. In such a situation, we will contact you without undue delay and send an offer to conclude a new Contract in a modified form. The new Contract is concluded when you confirm our offer. If you do not confirm our offer within 3 days of sending, we are entitled to withdraw from the concluded Contract. An obvious error in the Price includes, for example, a situation where the Price does not correspond to the usual price charged by other sellers or a digit is missing or added.

Upon conclusion of the Contract, you incur an obligation to pay the Total Price.

If you have a User Account, you may place an Order via the User Account. Even in that case, you are obliged to check the correctness, truthfulness and completeness of pre-filled data. The Order creation procedure is identical as for a buyer without a User Account; the advantage is that you do not need to repeatedly fill in your identification data.

In certain cases, we allow a discount for purchasing Goods. To apply the discount, you must enter the discount details into the designated field within the draft Order. If you do so, the Goods will be provided with the discount.

IV. USER ACCOUNT

Based on your registration in the e-shop, you may access your User Account.

When registering the User Account, you are obliged to provide correct and truthful information and update it in case of any change.

Access to the User Account is secured by a username and password. You are obliged to keep these access details confidential and not provide them to anyone. In case of misuse, we bear no liability.

The User Account is personal and you are not entitled to allow third parties to use it.

We may cancel your User Account, especially if you do not use it for more than 1 year or if you breach your obligations under the Contract.

The User Account may not be available continuously, especially with regard to necessary maintenance of hardware and software.

V. PRICES AND PAYMENT TERMS; RETENTION OF TITLE

The Price is always stated within the e-shop, in the draft Order and, of course, in the Contract. In case of discrepancy between the Price stated for the Goods in the e-shop and the Price stated in the draft Order, the Price in the draft Order applies; this will always be identical to the price in the Contract. The draft Order also states the Shipping Price and, where applicable, conditions for free shipping.

The Total Price is stated including VAT and all statutory fees.

We will require payment of the Total Price after conclusion of the Contract and before handing over the Goods. You may pay the Total Price by the following methods:

a) Bank transfer. Payment instructions will be sent in the Order confirmation. In the case of bank transfer, the Total Price is due within 14 days from placing the Order.
b) Online card payment. Payment is processed via the Shoptet Pay payment gateway and is governed by the terms of that payment gateway available at: [TO BE ADDED]. In the case of online card payment, the Total Price is due within [TO BE ADDED].
c) Cash on delivery. Payment is made upon delivery of the Goods against handover. The Total Price is due upon receipt of the Goods.
d) Cash upon personal pickup. Cash payment is possible upon pickup at our premises. The Total Price is due upon receipt of the Goods.

The Invoice will be issued electronically after payment of the Total Price and sent to your e-mail address. The Invoice will also be physically enclosed with the Goods and available in the User Account.

Title to the Goods passes to you only after you have paid the Total Price and taken delivery of the Goods. In the case of bank transfer, the Total Price is paid when credited to our account; in other cases, it is paid at the moment the payment is made.

VI. DELIVERY OF GOODS; TRANSFER OF RISK OF DAMAGE

The Goods will be delivered according to your choice, with the following options:

a) Personal pickup at our premises listed in the list of premises;
b) Personal pickup at pickup points of: Parcelshop PPL CZ;
c) Delivery via carriers: PPL.

The Goods can be delivered only within the Czech Republic.

Delivery time always depends on availability of the Goods and the selected delivery and payment method. The estimated delivery time will be stated in the Order confirmation. The time stated in the e-shop is indicative only and may differ from the actual delivery time. In the case of personal pickup at our premises, we will always inform you by e-mail when the Goods are ready for pickup.

Upon receipt of the Goods from the carrier, you are obliged to check the integrity of the packaging and, in case of any defects, immediately notify the carrier and us. If the packaging defect indicates unauthorized tampering or entry into the shipment, you are not obliged to accept the Goods from the carrier.

If you breach your obligation to accept the Goods (except for cases under Article VI.4 of the Terms), this does not constitute a breach of our obligation to deliver the Goods. At the same time, failure to accept the Goods is not withdrawal from the Contract. However, in such a case we are entitled to withdraw from the Contract due to your material breach. If we exercise this right, withdrawal is effective on the day it is delivered to you. Withdrawal does not affect our right to payment of the Shipping Price or, where applicable, compensation for damage incurred.

If, due to reasons on your side, the Goods are delivered repeatedly or by a method other than agreed in the Contract, you are obliged to reimburse us for the costs associated with such repeated delivery. Payment details will be sent to your e-mail address stated in the Contract and are due within 14 days from delivery of the e-mail.

Risk of damage to the Goods passes to you upon acceptance. If you do not accept the Goods (except for cases under Article VI.4), risk passes to you at the moment you had the opportunity to accept the Goods but acceptance did not occur for reasons on your side. From that moment, you bear all consequences associated with loss, destruction, damage or any depreciation of the Goods.

If the Goods were not stated as in stock in the e-shop and an indicative availability period was provided, we will always inform you in the event of:
a) an extraordinary production outage of the Goods, in which case we will inform you of the new expected availability period or that delivery will not be possible;
b) delay in delivery of the Goods from our supplier, in which case we will inform you of the new expected delivery time.

If we are unable to deliver the Goods even within 30 days after the expiry of the delivery period stated in the Order confirmation, for any reason, both you and we are entitled to withdraw from the Contract.

VII. RIGHTS FROM DEFECTIVE PERFORMANCE (COMPLAINTS)

We warrant that at the time risk of damage passes to you pursuant to Article VI.7 of the Terms, the Goods are free from defects, in particular that:

a) the Goods have the properties agreed with you, and if not expressly agreed, such properties as stated in the description of the Goods or such properties as can be expected with regard to the nature of the Goods;
b) the Goods are fit for the purposes stated by us or for purposes usual for goods of that type;
c) the Goods correspond in quality or design to the agreed sample, if quality or design was determined by sample;
d) the Goods are in the appropriate quantity and weight;
e) the Goods meet the requirements imposed by legal regulations;
f) the Goods are not encumbered by third-party rights.

Rights and obligations regarding defective performance are governed by relevant generally binding legal regulations (in particular Sections 1914–1925, 2099–2117 and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

If the Goods have a defect (in particular if any condition under Article VII.1 is not met), you may notify us of such defect and exercise rights from defective performance (i.e., make a complaint) by sending an e-mail or a letter to our addresses stated in our identification details. You may also use the sample complaint form provided by us, which forms Annex No. 1 to the Terms. When exercising rights from defective performance, you must choose how you want the defect resolved; you may not change this choice later without our consent, except for cases under Article VII.4. We will handle the complaint in accordance with the exercised right. If you do not choose a remedy, you are entitled to the rights stated in Article VII.5 also in cases where the defective performance constitutes a material breach.

If defective performance constitutes a material breach, you have the following rights:
a) removal of the defect by delivery of new Goods without defect or delivery of the missing part;
b) removal of the defect by repair of the Goods;
c) a reasonable discount from the Price;
d) withdrawal from the Contract.

If you choose resolution under a) or b) and we do not remedy the defect within a reasonable period, or we inform you that we will not remedy the defect in this way at all, you may exercise the rights under c) and d) even if you originally did not request them. If you choose repair and we find the defect is irreparable, we will notify you and you may choose another method of resolution.

If defective performance constitutes a non-material breach, you have the following rights:
a) removal of the defect by delivery of new Goods without defect or delivery of the missing part;
b) removal of the defect by repair of the Goods;
c) a reasonable discount from the Price.

If we do not remedy the defect in time or refuse to remedy it, you become entitled to withdraw from the Contract. You may also withdraw if you cannot properly use the Goods due to repeated occurrence of defects after repair or due to a larger number of defects.

In both material and non-material breach cases, you cannot withdraw from the Contract or request delivery of new goods if you cannot return the Goods in the condition in which you received them. This does not apply if:
a) the condition of the Goods changed as a result of inspection to determine the defect;
b) the Goods were used before the defect was discovered;
c) inability to return the Goods unchanged was not caused by your action or omission;
d) you sold, consumed or altered the Goods in the ordinary course of use before discovering the defect; if only partially, you are obliged to return the part that can be returned and the part of the Price corresponding to your benefit from using the part of the Goods will not be refunded.

Within 3 days of receiving the complaint, we will confirm by e-mail that we have received it, when we received it, and the expected time for handling it. We will handle the complaint without undue delay, no later than within 30 days from receipt. The period may be extended by mutual agreement. If the period expires without resolution, you may withdraw from the Contract.

We will inform you by e-mail about the complaint resolution. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You must prove such costs (e.g., receipts or shipping cost confirmations). If the defect is remedied by delivery of new Goods, you are obliged to return the original Goods to us; we will bear the costs of such return.

If you are an entrepreneur, you are obliged to notify and claim the defect without undue delay after you could have discovered it, at the latest within three days of taking delivery of the Goods.

If you are a consumer, you are entitled to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months from receipt of the Goods.

The provisions on defect rights do not apply in the case of:
a) Goods sold at a lower Price due to the defect for which the lower Price was agreed;
b) wear and tear caused by ordinary use;
c) used Goods for a defect corresponding to the level of use and wear the Goods had when you received them;
d) where it follows from the nature of the Goods.

VIII. WITHDRAWAL FROM THE CONTRACT

Withdrawal from the Contract, i.e., termination of the contractual relationship between you and us from the beginning, may occur for the reasons and in the ways set out in this Article or in other provisions of the Terms where withdrawal is expressly stated.

If you are a consumer (i.e., a person purchasing Goods outside the scope of business activity), you have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Contract without giving any reason within 14 days from the day of delivery of the Goods. If the Contract covers several types of Goods or delivery of several parts, the period begins on the day the last part is delivered. If the Contract provides for regular and repeated deliveries, the period begins on the day of delivery of the first delivery. You may withdraw in any provable manner (especially by e-mail or letter to our addresses). You may also use the sample withdrawal form provided by us, which forms Annex No. 2.

Even as a consumer, you may not withdraw in cases where the subject of the Contract is:
a) Goods whose Price depends on fluctuations of the financial market independent of our will and which may occur within the withdrawal period;
b) delivery of alcoholic beverages which may be delivered after thirty days and whose Price depends on financial market fluctuations independent of our will;
c) Goods made to your specifications or clearly personalized;
d) perishable Goods or Goods irreversibly mixed with other goods after delivery;
e) Goods in sealed packaging that were unsealed and cannot be returned for hygiene reasons;
f) audio or video recordings or computer programs if the original packaging was broken;
g) delivery of newspapers, periodicals or magazines;
h) supply of digital content not supplied on a tangible medium, if supplied with your prior express consent before the end of the withdrawal period and we informed you that you have no right to withdraw.

The withdrawal period is deemed observed if you send notice of withdrawal within the period.

In case of withdrawal, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which it was credited, or to an account specified in the withdrawal. The amount will not be refunded earlier than we receive the returned Goods or you provide proof that the Goods were sent back. Please return the Goods clean, preferably including original packaging.

If you withdraw under Article VIII.2, you are obliged to send the Goods back within 14 days and bear the costs of returning the Goods to us. You are entitled to a refund of the Shipping Price, but only up to the amount corresponding to the cheapest offered delivery method. If you withdraw due to our breach of the Contract, we also bear the return costs, but again only up to the amount corresponding to the cheapest offered delivery method.

You are liable for damage in cases where the Goods are damaged as a result of your handling in a manner other than necessary given the nature and characteristics of the Goods. We will invoice the damage after the Goods are returned; the invoice is due within 14 days. If we have not yet refunded the Price, we are entitled to set off our claim for costs against your claim for a refund.

We are entitled to withdraw from the Contract at any time before we deliver the Goods if there are objective reasons why delivery is not possible (especially reasons on the part of third parties or reasons arising from the nature of the Goods), even before expiry of the period stated in Article VI.9. We may also withdraw if it is apparent that you deliberately provided incorrect information in the Order. If you purchase Goods in the course of your business activity, we are entitled to withdraw at any time, even without giving a reason.

CONSUMER DISPUTE RESOLUTION

We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

We handle consumer complaints via: martinek@nutristar.cz. We will send information about the handling of the complaint to the buyer’s e-mail address.

The competent authority for out-of-court settlement of consumer disputes arising from the Contract is the Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: http://www.coi.cz. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used for disputes between the seller and a consumer arising from a purchase contract concluded electronically.

The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes.

FINAL PROVISIONS

If our and your legal relationship contains an international element (e.g., we would ship goods outside the Czech Republic), the relationship shall always be governed by the law of the Czech Republic. If you are a consumer, this agreement does not affect your rights arising from mandatory legal regulations.

All written correspondence will be delivered to you electronically. Our e-mail address is stated in our identification details. We will deliver correspondence to your e-mail address stated in the Contract, in the User Account, or the address through which you contacted us.

The Contract may be amended only by our written agreement. However, we are entitled to change and supplement these Terms; such change will not affect Contracts already concluded, but only Contracts concluded after the effective date of the change. We will inform you of the change only if you have a User Account (so that you have the information when ordering new Goods; the change does not establish a right of termination, as we do not have a Contract that can be terminated), or if we are to supply you with Goods regularly and repeatedly under a Contract. Information about the change will be sent to your e-mail address at least 14 days before the change becomes effective. If we do not receive termination of the Contract for regular and repeated deliveries within 14 days of sending the change notice, the new terms become part of the Contract and apply to the next delivery following the effective date. The notice period in case of termination is 2 months.

In cases of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, supplier outages, etc.), we bear no liability for damage caused as a result of or in connection with force majeure. If force majeure lasts longer than 10 days, both we and you are entitled to withdraw from the Contract.

Annexes to these Terms include a sample complaint form and a sample withdrawal form.

The Contract including these Terms is archived electronically by us but is not accessible to you. However, you will always receive these Terms and the Order confirmation with the Order summary by e-mail and will therefore have access to the Contract without our assistance. We recommend saving the Order confirmation and the Terms.

These Terms are effective from 01/07/2023.

ANNEX No. 1 – COMPLAINT FORM

Addressee: NUTRISTAR, s.r.o.

Complaint claim

Date of conclusion of the Contract:

First and last name:

Address:

E-mail address:

Goods being complained about:

Description of defects:

Proposed method for resolving the complaint, including bank account number for providing a discount (if applicable):

I also request the issuance of a confirmation of the complaint, stating when I exercised this right, the content of the complaint together with my claim, including the date and method of complaint resolution.

Date:

Signature:

ANNEX No. 2 – WITHDRAWAL FROM THE CONTRACT FORM

Addressee: NUTRISTAR, s.r.o.

I hereby declare that I withdraw from the Contract:

Date of conclusion of the Contract:

First and last name:

Address:

E-mail address:

Specification of the Goods concerned:

Method for refund of received funds, including bank account number (if applicable):

Date:

Signature:

If the buyer is a consumer, they have the right, in cases where they ordered goods via the e-shop of NUTRISTAR, s.r.o. (“Company”) or another means of distance communication, except for cases stated in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from the concluded purchase contract within 14 days from the day of receipt of the goods, without giving any reason and without any penalties. The buyer shall notify the Company in writing to the Company’s premises address or electronically to the e-mail stated on the sample form.

If a consumer withdraws from the purchase contract, they shall send or hand over to the Company without undue delay, no later than within 14 days from withdrawal, the goods received from the Company.

If a consumer withdraws from the purchase contract, the Company shall refund without undue delay, no later than within 14 days from withdrawal, all funds (purchase price) including delivery costs received from the consumer under the purchase contract, in the same manner. If the consumer chose a delivery method other than the cheapest offered, the Company shall refund delivery costs only up to the amount corresponding to the cheapest offered delivery method. The Company is not obliged to refund funds before the consumer hands over the goods or proves that the goods were sent back.