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Terms and Conditions

These terms and conditions apply to purchases made in the online shop www.puravita.cz.

The terms and conditions specify the rights and obligations of the seller and the buyer.

Seller's contact details:

Registered office:

PURAVITA s.r.o.

VAT: 286 39 049 DIC: CZ28639049

V Zatáčce 62/2, 725 28 Ostrava - Lhotka

Registered at the Regional Court in Ostrava; File number: C 36157

Warehouse address:

Areál Lumír Kot

Československé armády 360, 735 51 Bohumín - Pudlov

Bank connection:

CZK: FIO banka a.s., account number 8983430277/2010

IBAN: CZ52 2010 0000 0089 8343 0277

EUR: FIO banka a.s., account number: 2801521905/2010

IBAN: CZ42 2010 0000 0028 0152 1905

Contacts:

Telephone contact: +420 773 655 773

E-mail: obchod@puravita.cz

Mailbox ID: svzvenr

The Seller undertakes to respond promptly to written or electronic correspondence from the Buyer, within three (3) working days at the latest.

1. Introductory provisions and information

1.1

These terms and conditions (hereinafter referred to as the "Terms and Conditions") govern the mutual rights and obligations of the parties arising in connection with or pursuant to 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 shop. The online shop is operated by the Seller on the internet address www.puravita.cz, through a web interface (hereinafter referred to as the "web interface of the shop").

1.2

The Terms and Conditions further regulate the rights and obligations of the parties when using the Seller's website located at www.puravita.cz (hereinafter referred to as the "Website") and other related legal relations. The Terms and Conditions also include the information published on the Website.

1.3

Any deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions. The provisions of the Terms and Conditions shall prevail over the provisions on the Website.

1.4

The provisions of the Terms and Conditions are an integral part of the Purchase Agreement, as in force on the date of its conclusion.

1.5.

The information about the goods and the price given on the website and other forms (e.g. printed materials) by the seller is binding except in the case of obvious error. Prices are presented inclusive of all taxes (e.g. VAT) and charges, except for the cost of delivery of the goods.

1.6.

The Seller does not require any additional charges for the goods depending on the method of payment, except for the time of delivery.

1.7.

The photographs on the Website are for illustrative purposes only.

1.8.

The Seller makes available instructions for use or general advice on the preparation of the goods sold in electronic form prior to the conclusion of the contract, in particular for goods where this is practical and appropriate for the Buyer's purchasing decision.

2. User account

2.1

Based on the Buyer's registration made on the Website, the Buyer can access his user interface. The Buyer can order goods from his/her user interface (hereinafter referred to as "user account"). The Buyer can also order goods without registration directly from the web interface of the shop.

2.2

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 and to prevent its use by a third party and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer.

2.3

The Seller shall be entitled to cancel the User Account, in particular if the Buyer has not used his User Account for more than 2 years or if the Buyer breaches his obligations under the Purchase Agreement (including the Terms and Conditions).

2.4

The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.

3. Conclusion of the purchase contract

3.1

The web interface of the shop contains a list of the goods offered for sale by the Seller, including the prices of the individual goods offered. The prices of the goods offered are inclusive of value added tax. The offer for sale of the goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms. All offers for sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract in respect of these goods.

3.2

The web interface of the shop 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 shop applies only in cases where the goods are delivered within the territory of the Czech and Slovak Republics.

3.3

To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about: the goods ordered (the goods ordered are "inserted" by the Buyer into the electronic shopping cart of the web interface of the Shop), the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods and information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

3.4

Before sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including with regard to the Buyer's ability to detect and correct errors arising from the data entered in the Order. The Buyer shall send the order to the Seller by clicking on the "Send Order" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt 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").

3.5

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 order confirmation (e.g. in writing or by telephone).

3.6.

The contractual relationship between the Seller and the Buyer arises upon 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 for collection. Anything that the parties to the contract of sale provide prior to the acceptance of the order shall be deemed to be a deposit.

3.7

The Buyer acknowledges that the Seller is not obliged to enter into a contract of sale, in particular with persons who have previously materially breached the contract of sale (including the terms and conditions).

3.8

The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. Costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.

4. Price of the goods and payment terms

4.1

The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller by the methods set out on the Website.

4.2

Together with the purchase price, the Buyer shall also pay the Seller the costs associated with the packaging and delivery of the Goods. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.3

The purchase price is payable at the latest upon receipt of the goods, unless otherwise agreed by the parties. In the case of payment by bank transfer, the buyer is obliged to pay the purchase price indicated on the tax document issued by the seller. In case of delay in payment, the Seller has the right to charge the Buyer 0.05% of the purchase price excluding VAT for each day of delay.

4.4

Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined. Some products have set maximum discounts which cannot be further reduced by any action.

4.5.

According to the Sales Records Act, the Seller is obliged to issue a receipt to the Buyer.At the same time, he is obliged to register the received sales with the tax authorities online; in case of technical failure, within 48 hours at the latest.
The buyer agrees to issue and send the receipt electronically.

5. Withdrawal from the purchase contract

5.1

Except for the cases provided for in Section 1837 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code") or other cases where the Purchase Contract cannot be withdrawn from, the Buyer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods in accordance with Section 1829 of the Civil Code. The withdrawal from the purchase contract must be delivered to the Seller within fourteen (14) days of receipt of the goods, either to the Seller's warehouse address or by email to obchod@puravita.cz.

5.2

In the event of withdrawal, the Purchase Contract shall be cancelled from the outset. The goods must be sent or handed over to the Seller without undue delay, at the latest within fourteen (14) days of withdrawal. The goods must be returned to the seller undamaged and in their original packaging.

5.3

The Buyer acknowledges that if the Goods returned by the Buyer are damaged or partially consumed, the Seller shall be entitled to compensation from the Buyer for the damage caused to the Buyer. The Seller is entitled to unilaterally set off the claim for payment of the damage against the Buyer's claim for reimbursement of the purchase price. The provisions of Section 1833 of the Civil Code are not affected.

5.4.

If the Buyer withdraws from the Purchase Contract, he is obliged at his own expense and risk to hand over to the Seller without undue delay, at the latest within 14 days from the date of withdrawal from the Purchase Contract, all the goods he has received from the Seller. The Buyer shall thus bear the direct costs associated with the return of the goods.

6. Transport and delivery of the goods

6.1

The method of transport and delivery of the goods is chosen by the Buyer in the order. The conditions of carriage and delivery are set out on the website.

6.2

The Seller is obliged to deliver the goods to the place of delivery either by himself or by a carrier and the Buyer is obliged to take delivery of the goods at the place of delivery.

6.3

If the Buyer does not take delivery of the goods at the time of delivery or within a reasonable additional period of time specified by the Seller, the Purchase Contract shall be cancelled from the outset and the Seller shall be entitled to charge the Buyer a storage and order management fee of up to CZK 200 (in words: two hundred Czech crowns). This provision does not prevent the parties from concluding, for example, by exchange of electronic correspondence, a new purchase contract with the same subject of performance.

6.4

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects to notify the carrier immediately. In the event that the packaging is found to have been damaged in a way that indicates unauthorised intrusion, the Buyer may not accept the shipment from the carrier. By accepting the shipment, the buyer confirms that the shipment of goods has met all the conditions and requirements and any subsequent claims regarding the breach of the packaging of the shipment cannot be taken into account.

7. Rights from defective performance

7.1

The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the applicable generally binding regulations (in particular Sections 2099 et seq. of the Civil Code).

7.2

The Seller shall be liable to the Buyer for the fact that the goods sold are in conformity with the Purchase Contract, in particular that they are free from defects. Conformity to the purchase contract means that the goods are in the agreed quantity, quality and design.

7.3

In the event that the goods are defective upon receipt by the buyer, the buyer is entitled to the rights of defective performance pursuant to § 2099 of the Civil Code.

8.

8.1.

The Buyer is obliged to file a claim with the Seller or a person designated for repair without undue delay after the defect has been discovered.

Theclaim is made at the moment of sending an email to reklamace@puravita.cz and a return confirmation of receipt of the claim. In the subject line of the email, you must write "complaint" and the number of the claimed shipment. In the body of the email you must describe the problem and add a photo if necessary.

8.2.

Complaints are preferably settled by the Seller by replacing the goods with new ones or in any other way agreed by the parties.

8.3.

The time limit for handling the complaint runs from the confirmation of receipt of the complaint email or delivery of the goods to the Seller at the designated location. The Goods should be packed in suitable packaging to prevent damage during transit.

8.4.

The Seller must decide on the complaint without delay, and within three working days at the latest, if a professional assessment is required to make a decision. The information about the need for a professional assessment shall be communicated to the Buyer within this period. The Seller shall settle the complaint, including the removal of the defect, without undue delay, at the latest within 14 days of its submission, unless a longer period is agreed in writing with the Buyer. After the expiry of this period, the buyer has the same rights as if it were a material breach of contract.

8.5.

The warranty period shall be extended by the time from the time the claim is made until it is settled or until the Buyer has been obliged to collect the item. If the goods or a part thereof are replaced, the seller's liability shall apply as if the goods or a part thereof had been purchased new.

8.6.

In the case of a legitimate claim, the buyer is entitled to reimbursement of the costs reasonably incurred.

9. Other rights and obligations of the parties

9.1

The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.

9.2

The Buyer acknowledges that the software and other components forming the web interface of the Shop (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to take any action that could enable him or third parties to interfere with or make unauthorised use of the software or other components of the web interface of the Shop.

9.3

The Buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the Shop that could negatively affect the operation of the web interface of the Shop. The web interface of the Shop may only be used to the extent that it does not infringe the rights of other customers of the Seller and is consistent with its purpose.

9.4

The Buyer acknowledges that the Seller shall not be liable for any errors resulting from third party interference with the website or from the use of the website contrary to its intended use.

9.5

If the goods are not received by the Buyer from the Seller within 1 month of the order being created and paid for, the order will be cancelled and the money sent back to the Buyer's account.

10. Data protection and sending commercial communications

10.1

The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number, user information about his/her behaviour on the web interface, settings of the programs used, internet behaviour and so-called cookies (hereinafter collectively referred to as "personal data") for the marketing and business purposes of the Seller and third parties.

10.2

The Buyer consents to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of sending information and commercial communications to the Seller. The Seller may delegate the processing of the Buyer's personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be transferred by the Seller to a third party without the Buyer's prior consent.

10.3

The Buyer acknowledges that he is obliged to provide his personal data (when registering on the website, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.

10.4

Personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

10.5

The Buyer confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data. The Buyer declares that he/she has been advised that he/she may withdraw consent to the processing of personal data in relation to the Seller by written notice delivered to the Seller's address.

10.6

If the Buyer requests information about the processing of his/her personal data, the Seller is obliged to provide this information. The Seller is entitled to charge a reasonable fee for the provision of the information according to the previous sentence, not exceeding the costs necessary to provide the information.

10.7

The Buyer consents to the Seller sending information related to the Seller's goods, services or business to the Buyer's electronic address and further consents to the Seller sending commercial communications to the Buyer's electronic address. By creating a user account (registration), the Buyer agrees to the sending of commercial offers and invitations to complete the Buyer's unfinished purchase, i.e. to the sending of offers to conclude a purchase contract for goods placed by the Buyer in the electronic shopping cart of the web interface of the store, but subsequently not ordered.

10.8

The competence of the supervisory and oversight authority for the protection of personal data is exercised by the Office for Personal Data Protection based in Prague, to which the Buyer may turn in the event of a breach of the protection of his personal data by the Seller.

10.9

In detail, the conditions for processing and handling of personal data are elaborated in the document Principles for processing personal data effective from 25 May 2018 and published on the Seller's website.

11. Final provisions

11.1

The Czech Trade Inspection Authority (Czech Trade Inspection Authority, Štěpánská 567/15, Prague 2 120 00, ID No.: 000 20 859, internet address: www.coi.cz) is competent for the out-of-court settlement of consumer disputes arising from purchase contracts concluded under these Terms and Conditions. The initiation of out-of-court dispute resolution does not affect the Buyer's right to apply to the supervisory and state control authorities.

11.2

Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other party in writing by electronic mail, in person or by registered mail via the postal service provider (at the sender's choice). Withdrawal from the contract must be delivered to the seller in writing in paper form. It shall be delivered to the Buyer at the e-mail address indicated in his/her user account.

11.3

If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.

11.4

If any provision of the terms and conditions is or becomes invalid or ineffective, 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. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.

11.5

These Terms and Conditions shall take effect on 1 November 2023.

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