Terms and Conditions
These terms and conditions ("Terms and Conditions") of Vitalvibe Ltd., headquartered on Havlíčkova 133/19, Postal Code 602 00 Brno, ID 29307031, VAT: CZ29307031 and established on the street Veveří 127 Brno - Žabovřesky, Postal Code 616 00 (hereinafter referred to as "Seller") regulate the mutual rights and obligations arising in connection with or under the purchase agreement (the "Purchase Contract") concluded between the Seller and any other natural or legal person (hereinafter the "Buyer") through the online shop of the Seller. Online store is operated by the seller on the Internet at www.vitalvibe.cz through a Web interface (hereinafter referred to as "Store’s Web Interface").
Terms and Conditions also govern the rights and obligations of the parties when using the Website located at www.vitalvibe.cz (the "Website") and other related legal relations. Part of the business conditions are also information posted on the website.
Divergent arrangements in the contract shall prevail over the terms of trade. Arrangements in these business conditions take precedence over those on the website.
Provisions of the conditions are an integral part of the purchase contract and as amended effective on the date of its conclusion.
2. User Account
After registration of the Buyer on the website, the Buyer can access their user interface. From their user interface (hereinafter "user account"), Buyer can order goods. Buyer can also order goods without registration directly from the store’s web interface.
Access to a user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access their account and prohibit its use by a third party and acknowledges that the Seller is not liable for any breach of this obligation by the Suyer.
The Seller is entitled to cancel the user account, especially when the Buyer´s user account is not used for more than 1 year, or if the Buyer does not fulfill their obligations under the purchase contract (including terms and conditions).
Buyer acknowledges that the user account may not be available at all times, especially considering the necessary maintenance of hardware and software, respectively necessary maintenance of hardware and software of third parties.
3. Conclusion of the Purchase Contract
Store’s web interface contains a list of goods offered for sale, including the prices of individual goods. Prices of goods offered include VAT. Offer for sale of goods and prices of goods remain in force as long as they are displayed in the store’s web interface. This provision does not limit the possibility of the seller concluding a purchase contract under individually negotiated conditions. All offers to sell goods placed in the store’s web interface of the shop are not binding and the seller is not obliged to conclude a purchase agreement regarding these products.
Store’s web interface also contains information on the costs of packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
To order goods, the Buyer fills in an order form in the store’s web interface. The order form contains especially information about the ordered goods (the Buyer "inserts" the ordered goods into an electronic shopping cart of the store’s web interface), method of payment of the purchase price of the goods, details of the required method of delivery of goods ordered and cost information associated with the delivery of goods (hereinafter collectively as the "Order").
Before sending the order to the seller, it is possible for the buyer to check and modify the data they put in in order to detect and correct errors during data entry of the order. The Buyer sends the order by clicking on "Submit Order". The data in the order are considered correct by the Seller. Seller upon receipt of an order immediately confirms receiving the order by e-mail, at the e-mail address listed in the Buyer's user interface or in the order (hereinafter the "electronic address of the buyer").
Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), ask the Buyer for additional confirmation (in writing or by telephone).
The contractual relationship between the Seller and the Buyer upon the acceptance of the order (Acceptance). The order is accepted by handing over the goods to the first carrier or by sending a message to the Buyer that the goods are ready to be collected at the establishment of the Seller. Everything the parties of the purchase contract shall exchange, prior to accepting the order, shall be deemed a deposit.
Buyer acknowledges that Seller is not obliged to conclude a purchase contract, especially with those who previously breached the purchase contract (including terms and conditions).
Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the Buyer using means of distance communication in connection with concluding the purchase agreement (the cost of Internet access, telephone costs) are to be borne by the Buyer.
4. Price of Goods and Payment Terms
Buyer may pay the Seller the price of goods and any costs associated with the delivery of goods according to the contract in the following ways:
Cash on delivery at the place designated by the Buyer in the order;
through cashless payment system;
Together with the purchase price, the Buyer shall pay the costs associated with packaging and delivery. Unless expressly stated otherwise, the purchase price includes costs associated with the delivery of the goods.
The purchase price is payable at the latest upon receipt of goods.
Discounts of goods provided by the Seller to the buyer cannot be combined.
Under the terms of the Law of Electronic Record of Sales, the seller is obligated to issue a receipt to the buyer. At the same time, he is obligated to register a received turnover online with tax administration; in case of technical failure, not later than within 48 hours. The buyer agrees with issue and sending of a receipt in an electronic form.
5. Withdrawal from the Purchase Contract
With the exception of cases covered by the provision § 1837 Act no. 89/2012 Coll., The Civil Code, as subsequently amended (the "Civil Code") and about other cases where you cannot withdraw from the contract, the Buyer in accordance with the provisions of § 1829 of the Civil Code the right to withdraw from the contract, within fourteen (14) days of receiving the goods. Withdrawal from the contract must be provably delivered within fourteen (14) days of receiving the goods, to the address of an establishment of the Seller. For the withdrawal the model withdrawal form below can be used
Notice of withdrawal
Vitalvibe Ltd., headquartered Havlíčkova 133/19, Postal Code 602 00 Brno, ID 29307031, VAT: CZ29307031
I / We (*) hereby give notice that I / We (*) withdraw from the contract of sale of
Ordered (*) / received (*)
name and surname
Address Consumer / Consumer
Signature of the consumer / consumers (only if this form is notified in certificated form)
(*) Delete as appropriate or add information.
In case of withdrawal from the Purchase Contract, the Purchase Contract is canceled from the beginning. Seller must be sent or given goods without undue delay, no later than fourteen (14) days from the withdrawal. The goods must be returned to the Seller undamaged and unworn and, if possible, in the original packaging.
Buyer acknowledges that if the goods returned by the buyer will be damaged, worn or partially consumed, the Seller becomes entitled to damages incurred by him. The Seller is entitled to unilaterally set off against the claim of the purchaser to refund the purchase price the amount that corresponds with damages suffered by him. The provisions of § 1833 of the Civil Code is not affected.
6. Transport and delivery
Buyer chooses the method of transportation and delivery of goods in the order form. Terms of shipment and delivery are listed on the website.
The Seller is obliged either himself or through a carrier to deliver the goods at the place of delivery and the Buyer is obliged to collect it at the place of delivery.
If the Buyer fails to collect the goods on specified time or within a reasonable additional period specified by the Seller, the purchase agreement is canceled from the beginning and the Seller is entitled to charge the Buyer for the storage and management of orders the amount of CZK 100 (in words: one hundred Czech crowns). This arrangement does not prevent the parties to conclude a new purchase agreement with same or similar content for example through electronic correspondence.
When taking the goods from the carrier, the Buyer is obliged to check the integrity of packages and goods and in the event of any defects immediately notify the carrier. In the event of a breach of the package indicative of intrusion, the Buyer may not collect the delivery from the shipper. By signing the delivery note Buyer confirms that the shipment of goods meet all terms and conditions and any further claims of infringement of container shipments will be disregarded.
7. Rights arising from defective performance
The rights and obligations of the parties regarding the liability of the Seller for defects, including warranty liability of the Seller shall be governed by the relevant legislation (in particular the provision. § 2099 et seq. Of the Civil Code).
Seller is responsible for the goods being sold is in agreement with the purchase contract and it being free from defects. In agreement with the purchase contract means that the goods are at the agreed quantity, quality and design.
In the event of the goods having defects while being collected by the Buyer, the Buyer has the rights arising from defective performance of the purchase contract according to the provisions. § 2099 of the Civil Code.
8. Other rights and obligations of the parties
The Buyer acquires ownership of the goods by paying the entire purchase price.
Buyer acknowledges that the software and other content of the store’s web interface (including photographs of the goods offered) are protected by copyright. Buyer agrees not to engage in any activity that would allow him or third persons to unlawfully interfere with or use the software or other content of the store’s web interface.
While using the store’s web interface, the Buyer is not entitled to use mechanisms, software or other actions that could adversely affect the operation of the store’s web interface. Web interface can be used only to the extent that it is not at the expense of the rights of other customers or the Seller and which is consistent with its purpose.
Buyer acknowledges that Seller shall not be liable for errors resulting from interference by third parties to the website or arising from use of the website in ways which are not consistent with its purpose.
If the goods are not collected by the Buyer from the Seller within 1 month from completing the order and payment, the order is canceled and the money sent back to the buyer’s account.
9. Protection of personal data and sending commercial messages
Buyer agrees with processing of his/her following personal details: name and surname, permanent address, identification number, tax identification number, e-mail address, telephone number, user information regarding his/her behavior in web interface, used programs adjustment, online behavior and so called cookies (onwards everything together only as “personal data“) for marketing and business purposes of the seller and third party.
Buyer agrees to the processing of personal data by the Seller, for the purpose of realization of rights and obligations under the contract and for sending commercial messages and information. For processing of personal data Seller may appoint a third party as a processor. Except for the people transporting goods, personal information will not be handed over to a third party without prior consent of the Seller or the Buyer.
Buyer acknowledges that he or she is obliged to input personal data (for registration on the website, in user account, when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the Seller about the change in his personal data.
Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form and non-automated manner.
The Buyer confirms that the personal information is accurate and that he was advised that it is voluntarily provision of personal information. The Buyer claims he was instructed that consent to the processing of personal data in relation to the seller can be revoked by a written notice delivered to the address of the seller.
If the Buyer requests information regarding the processing of their personal data, the Seller is obliged to provide this information. Seller has the right to require reasonable compensation not exceeding the costs of providing the necessary information mentioned in the preceding sentence.
The buyer agrees to receive information related to the goods, services or company of the seller to the buyer's e-mail address and agrees to receive commercial communications from the seller to the buyer's email address. By creating a user account (registration) the buyer agrees to receive commercial offers and invitations to complete an incomplete purchase by the buyer, therefore with sending offers to make a purchase contract for the goods inserted to the shopping cart of the web interface by the buyer, but consequently not ordered.
The scope of supervisory and surveillance authority in the area of personal data protection is exercised by the Office for Personal Data Protection, based in Prague, to which the Buyer can turn to breaches of the protection of their personal data by the Seller.
10. Final Provisions
Any disputes arising from this contract may be settled out of court in mediation or arbitration proceedings, if parties conclude mediation or arbitration agreement. The commencement of the ADR shall not prejudice the right of the buyer to contact the supervisors and state supervision.
Unless specified otherwise, all correspondence related to the purchase agreement must be delivered to the other party in writing, by e-mail, in person or by postal service (selected by the sender). The withdrawal must be delivered to the Seller in writing on paper. Correspondence for the Buyer is delivered to the email address specified in his user account.
If the relationship associated with the use of the Web site or the legal relationship of the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
If any provision of the Terms and Conditions is invalid or ineffective, or becomes, another provision whose meaning comes the closest to the invalid provision takes its place. The invalidity or unenforceability of one provision is without prejudice to the validity of the remaining provisions. Amendments and supplements to the purchase agreement or terms and conditions require a written form.
Contact details seller: Vitalvibe Ltd., Veveří 127 Brno-Žabovřesky, ZIP: 00. firstname.lastname@example.org 616, +420 608 98 48 25
These terms and conditions come into effect on 5th January 2014.