Terms and Conditions

1. Introduction

1.1

These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Vitalvibe s.r.o., headquartered on Havlíčkova 133/19, Postal Code: 602 00 Brno, ID No.: 29307031, VAT No.: CZ29307031 and established on Veveří 127, Postal Code: 616 00 Brno - Žabovřesky (hereinafter referred to as "Seller") regulate the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase agreement (hereinafter referred to as the "Purchase Contract") concluded between the Seller and any other natural or legal person (hereinafter referred to as the "Buyer") through the Seller’s online store. The online store is operated by the Seller on the internet address www.vitalvibe.eu, through a web interface (hereinafter referred to as the "Store’s Web Interface").

1.2

The Terms and Conditions also regulate the rights and obligations of the parties when using the Seller’s website located at www.vitalvibe.eu (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 Contract 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 Contract as in force on the date of its conclusion.

2. User Account 

2.1
Based on the buyer's registration made on the website, the buyer can access their user interface. The Buyer can order goods from their user interface (hereinafter referred to as "User Account"). The Buyer can also order goods without registration directly from the store’s web interface.

2.2
Access to the User Account is secured with a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account and to prevent its use by a third party and acknowledges that the Seller is not liable for any breach of this obligation by the Buyer. 

2.3
The Seller is entitled to cancel the user account, especially if the Buyer’s User Account is not used for more than 1 year or if the Buyer violates their obligations under the Purchase Contract (including Terms and Conditions).

2.4
The Buyer acknowledges that the User Account may not be available at all times, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

3. Conclusion of the Purchase Contract 

3.1
The Store’s Web Interface contains a list of goods offered for sale by the seller, including the prices of each offered item. The prices of the goods offered include VAT. The offer for the sale of goods and prices of goods remain valid for 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 for the sale of goods placed in the Store’s Web Interface of the shop are non-binding and the Seller is not obliged to conclude a Purchase Contract for these goods. Offers are presented to the Buyer according to the relevance of their search and according to the criteria they have entered in their search. If they do not enter any of the selection criteria, they are offered randomly selected or discounted products. Contractual relations between the Parties are governed by the legal system of the Czech Republic, the courts of the Czech Republic with local jurisdiction according to the place of the Seller's registered office are competent to decide on disputes between the Parties, even if the goods are sent abroad. The place of market launch is always the Czech Republic.

3.2
The Store’s Web Interface also contains information on the costs associated with packaging and delivery of goods. The information on the costs associated with packaging and delivery of the goods listed in the Web Interface 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 in the order form on the Store’s Web Interface. The order form contains in particular information about the ordered goods (the Buyer "inserts" the ordered goods into an electronic shopping cart of the Store’s Web Interface), the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and cost information 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 is 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 during the data entry in the Order. The Buyer sends the Order to the Seller by clicking on the "Confirm Purchase" button. The information 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
The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the Buyer for additional order confirmation (for example, in writing or by phone).

3.6
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. Anything the parties of the Purchase Contract exchange before the acceptance of the order shall be deemed to be a deposit.

3.7
The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Contract, especially with those who have previously breached the Purchase Contract (including the Terms and Conditions).

3.8
The Buyer agrees to the use of distance communication in concluding the Purchase Contract. Costs incurred by the Buyer in using means of distance communication in connection with concluding the purchase agreement (internet connection costs, telephone costs) shall be borne by the Buyer.

4. Price of Goods and Payment Terms 

4.1
The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:

in cash;
cash on delivery at the place specified by the Buyer in the order;
through a cashless payment system;

4.2
Together with the purchase price, the Buyer shall pay the costs associated with packaging and delivery. 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. 

4.4
Any discounts on the price of the goods (Gift Cards and Discount Vouchers, Special Promotions) provided by the Seller to the Buyer cannot be combined.

4.5.
According to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, they are obliged to register the received sales with the tax administrator online; in case of technical failure, then within 48 hours at the latest.
The Buyer agrees that the Seller will issue and send the receipt electronically.

5. Withdrawal from the Purchase Contract

5.1
Except in 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 in 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 et seq. 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, to the Seller's business address. The Buyer shall also have the right to withdraw in the event of a violation of their rights by unfair commercial practices pursuant to Section 5d of Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as the "Consumer Protection Act").

The sample withdrawal form below can be used to withdraw

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Notice of withdrawal

Vitalvibe s.r.o., with registered office at Havlíčkova 133/19, Postal Code 602 00 Brno, ID No.: 29307031, VAT No.: CZ29307031
I/We hereby notify(*) that I/We withdraw(*) from the contract for the purchase of the following
goods(*)
Date of order(*)/date of receipt(*)
Name and surname
Address of the consumer(s)
Signature of consumer(s) (only if this form is sent in paper form)
Date
(*)Delete where not applicable or complete the information.

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5.2
In case of withdrawal from the Purchase Contract, 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 the withdrawal. The goods must be returned to the Seller undamaged and unworn and, if possible, in their original packaging. 

5.3
The Buyer acknowledges that if the Goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation from the Buyer for the damage caused to the Seller. 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.

6. Transport and delivery 

6.1
The method of transport and delivery of the goods is chosen by the Buyer in the order. The terms 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 fails to take delivery of the goods upon 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 fee for storage and administration of the order in the amount of 50 CZK (in words: fifty 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, immediately notify the carrier. In the event that the packaging is found to have been damaged in a way that indicates unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. By signing the delivery note, the Buyer confirms that the shipment of goods has fulfilled all conditions and requirements and that any subsequent claims regarding the breach of the packaging of the shipment cannot be taken into account.

7. Rights arising 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, shall be governed by the relevant legislation (in particular Sections 2099 et seq. of the Civil Code).

7.2
Seller shall be responsible for the fact that the goods sold are in agreement with the Purchase Contract, in particular, that they are free from defects. In agreement with the Purchase Contract means that the goods are at 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 rights under the defective performance, in particular, pursuant to Section 2099 of the Civil Code and other generally binding regulations.

8. Other rights and obligations of the parties 

8.1
The Buyer acquires ownership of the goods by paying the full purchase price.

8.2
The Buyer acknowledges that the software and other components of the Store’s Web Interface (including photographs of the goods offered) are protected by copyright. The Buyer agrees not to engage in any activity that would enable them or third parties to interfere with or make unauthorised use of the software or other components of the Store’s Web Interface.

8.3
The Buyer is not entitled to use mechanisms, software or other procedures when using the Store’s Web Interface that could have a negative impact on the operation of the Store’s Web Interface. The Store’s Web Interface may only be used to the extent that it is not at the expense of the rights of other customers of the Seller and that is consistent with its purpose.

8.4
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.

8.5
If the goods are not collected 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.

9. Protection of personal data and sending commercial messages 

9.1
The Buyer agrees to the processing of the following personal data: name and surname, permanent address, identification number, tax identification number, e-mail address, telephone number, user information regarding their web interface behaviour, used programs adjustment, online behaviour and cookies (hereinafter collectively referred to as "personal data") for marketing and business purposes of the Seller and third parties.

9.2
The Buyer agrees to the processing of personal data by the Seller for the purpose of exercising the rights and obligations under the Purchase Contract and for the purpose of sending information and commercial messages 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.
9.3
The Buyer acknowledges that they are obliged to provide their personal data (for the registration on the website, in their user account, when ordering from the Store’s Web Interface) correctly and truthfully and that they are obliged to inform the Seller without undue delay of any change in their personal data.

9.4
Personal data shall be processed for an indefinite period of time. The personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.

9.5
The Buyer confirms that the personal data provided is accurate and that they have been advised that this is a voluntary provision of personal data. The Buyer declares that they have been advised that they may withdraw consent to the processing of personal data in relation to the Seller by written notice delivered to the Seller's address.

9.6
If the Buyer requests information regarding the processing of their personal data, the Seller is obliged to provide this information to the Buyer. 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.

9.7
The Buyer agrees to receive information related to the Seller's goods, services or business at the Buyer's e-mail address and further agrees to receive commercial communications from the Seller to the Buyer's e-mail address. By creating a user account (registration), the Buyer agrees to receive commercial offers and invitations to complete the Buyer's unfinished purchase, i.e. to receive 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. Furthermore, the Buyer agrees to be contacted by telephone and electronically for marketing purposes. The Buyer is entitled to withdraw this consent at any time, either verbally or by e-mail to info@vitalvibe.cz.

9.8
The competence of the supervisory and surveillance authority for the protection of personal data is exercised by the Office for the Protection of Personal Data based in Prague, to which the Buyer may turn in the event of a violation of the protection of his personal data by the Seller.

9.9
In detail, the Terms and Conditions of processing and handling personal data are elaborated in the document Personal data processing policy in force from 25 May 2018 and published on the Seller's website.

10. Final Provisions 

10.1
The Czech Trade Inspection Authority (Czech Trade Inspection Authority, headquarters Štěpánská 567/15, 120 00, ID No.: 000 20 859, internet address: www.coi.cz) is competent for 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 shall be without prejudice to the Buyer's right to apply to supervisory and state control authorities.

10.2
Unless otherwise agreed, all correspondence related to the Purchase Contract must be delivered to the other party in writing, either by e-mail, in person or by a postal service provider (at the sender's choice). The 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 specified in their user account.

10.3
If the relationship related to the use of the website or the legal relationship based on 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.

10.4
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. The Seller reserves the right to update or amend the Terms and Conditions. Amendments to the contract of sale or the terms and conditions shall be in writing.

10.5
Seller's contact details: Vitalvibe s.r.o., ID No.: 293 07 031, Brno, Havlíčkova 133/19, Stránice, Postal Code: 602 00, Czech Republic, info@vitalvibe.cz, +420 608 98 48 25

10.6
These terms and conditions shall come into effect on 6 January 2023.