Terms of service

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as "Terms and Conditions") of the trading company NFO VITAMINS s.r.o. with registered office at Nad Dalejským údolím 2690/7, Stodůlky, 155 00 Prague 5 identification number: 05924219 registered in the commercial register maintained by the Ministry of Justice in Prague under sp. C 273086 (hereinafter referred to as the "seller") regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the seller and another person (hereinafter referred to as the "Buyer") via the seller's online store. The online store is operated by the seller on a website located at the internet address www.nfo.com (hereinafter referred to as the "Website"), through the website interface (hereinafter referred to as the "Store Web Interface"), on which you can find an offer of food supplements.

1.2. The Terms and Conditions also apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts as part of his business activity or in the independent performance of his profession.

1.3. Provisions deviating from the Terms and Conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the Terms and Conditions.

1.4. The Terms and Conditions are an integral part of the purchase contract. The original purchase contract and Terms and Conditions are drawn up in the Czech language. The purchase contract can be concluded in Czech and English.

If the relationship established by the purchase contract (including business conditions) contains an international (foreign) element, then it is agreed that such a relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

1.5. The wording of the Terms and Conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.

1.6. The seller's contact details are:

• address: Nad Dalejský údolím 2690/7, Stodůlky, 155 00 Prague 5
• email: info@nfovitamins.com
• telephone: +420 705 717171

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 store's web interface allows it, the buyer can also order goods without registration directly from the store's web interface.

2.2. When registering on the website and when ordering goods, the buyer is obliged to enter all his data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct and up-to-date by the seller.

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. In case of violation of this obligation, the seller is not responsible for any misuse of the user account by third parties.

2.4. The buyer is not authorized to allow the use of the user account by third parties. The buyer immediately informs the seller in cases where he discovers that the information needed to access the user account could be stolen.

2.5. The seller can cancel the user account, especially if the buyer does not use his user account for a longer period of time (12 months), 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 the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentation of goods placed in the web interface of the store is only informative and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.

3.2. Right to Refuse or Withdraw. The seller reserves the right, at its sole discretion, to refuse acceptance of any order, to cancel or reject an order after it has been placed, or to withdraw from the purchase contract at any time prior to shipment, without the obligation to state a reason. In such cases, the seller will refund to the Buyer all amounts paid (less any non-recoverable costs) in accordance with applicable law and without undue delay.

3.3. The web interface of the store contains information about goods, prices of individual goods, costs associated with packaging and delivery of goods. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.

3.4. The buyer places the order:
3.4.1. through your user account after prior registration;
3.4.2. by filling out the order form in the store's web interface.

3.5. The order form mainly contains information about:
3.5.1. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface),
3.5.2. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.5.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

3.6. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered 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 after agreeing to the terms and conditions by clicking the "Purchase" button. The data given in the order are considered correct by the seller, the seller cannot be held responsible for the buyer's incorrectly entered data.

3.7. Sending the order is considered to be an act of the buyer that unambiguously identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the contracting parties. The condition for the validity of the order is the filling in of all mandatory data in the order form, familiarization with these terms and conditions on the website and confirmation by the buyer that he has read and agrees with these terms and conditions.

3.8. 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 account or in the order (hereinafter referred to as "buyer's e-mail"). Delivery of this confirmation is the moment of conclusion of the purchase contract, by which the buyer undertakes to pay for the goods. Together with the acceptance of the order, the seller will also send these terms and conditions to the buyer.

3.9. 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 confirmation of the order (for example, in writing or by phone).

3.10. In the case of an order made by telephone, the seller confirms its content to the customer in writing, and the contract is concluded upon delivery of written confirmation that the customer agrees with the order.

3.11. 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 paid by the buyer himself, and these costs do not differ from the basic rate.

4. PRICE OF GOODS AND TERMS OF PAYMENT

4.1. The prices of goods are listed on the web interface of the store, including value added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the web interface of the store. The prices of goods are not adjusted to the person of the buyer on the basis of automated decision-making.

4.2. The price of the goods and any costs associated with the delivery and packaging of the goods according to the purchase contract can be paid by the buyer to the seller in the ways indicated here.

4.3. 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 in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.4. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.5. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 10 days from the conclusion of the purchase contract.

4.6. 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.

4.7. The seller is entitled, especially in the case of a procedure where the buyer does not provide additional confirmation of the order (Article 3.8), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.

4.8. The seller will issue a tax document - an invoice - to the buyers 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.

4.9. In the event that there was an obvious technical error on the part of the seller when indicating the price of the goods on the website and the buyer ordered the goods at this price, the seller is entitled to withdraw from the purchase contract and is not obliged to deliver the goods to the buyer at this obviously incorrect price.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The possibility of withdrawing from the contract according to this article applies only to buyers who are consumers, i.e. persons who conclude a contract with the seller outside the scope of their business activity or outside the scope of independent performance of their profession.

5.2. The buyer acknowledges that according to § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract, among other things:
5.2.1. on the delivery of perishable goods or goods with a short shelf life.
5.2.2. on the delivery of goods manufactured according to the consumer's requirements or adapted to their personal needs;
5.2.3. on the delivery of goods which, due to their nature, were irreversibly mixed with other goods after delivery.

5.3. The buyer further acknowledges that goods in protective packaging must be packed in this protective packaging in the event of a return on the basis of withdrawal from the contract.

5.4. If it is not a case mentioned in Article 5.2 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 concluded by distance method in accordance with the provisions of Section 1829, paragraph 1 and paragraph 2 of the Civil Code, and within fourteen (14) days of receiving the goods, even without giving a reason. If the subject of the purchase contract is several pieces of goods or parts, this period runs from the date of acceptance of the last piece of goods or the last part of the delivery of goods. If the goods are delivered to the buyer regularly for the agreed period, this period starts from the date of delivery of the first delivery of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in this paragraph.

5.5. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller's place of business or registered office, or to his contact details listed at the end of these terms and conditions. However, the buyer can withdraw from the purchase contract by making any clear statement to the seller.

5.6. In the case of withdrawal from the purchase contract according to Article 5.4 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.

5.7. In the case of withdrawal from the contract according to Article 5.4 of the terms and conditions, the seller will return the purchase price of the goods to the buyer, including the lowest shipping fee offered, within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way that the seller received it from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.

5.8. The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer's counterclaim for the return of the purchase price.

5.9. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the received funds to the buyer without undue delay, without cash to the account specified by the buyer.

5.10. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the discontinuing condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.

6. CARRIAGE AND DELIVERY OF GOODS

6.1. The methods of delivery of goods offered by the seller are available at www.nfo.com.

6.2. The seller will deliver the goods to the buyer, who is a consumer, no later than 30 days from the conclusion of the purchase contract, unless otherwise agreed, otherwise the buyer has the right to withdraw from the purchase contract and the seller will return the purchase price to the buyer, including paid shipping costs, if they were paid by the buyer. The seller will deliver the goods to the buyer, who is an entrepreneur, as soon as possible, but is not bound by any deadline.

6.3. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.4. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If they do not accept it, the seller will consider it a withdrawal from the purchase contract. In such a case, the seller has the right to demand from the buyer compensation for the costs incurred in connection with the return of unclaimed goods.

6.5. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.

6.6. When taking over the goods from the carrier, the buyer is advised 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 of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.

6.7. If the buyer is not a consumer, before taking over the goods from the carrier, they are obliged to check the integrity of the packaging of the goods and to report any defects to the carrier immediately. A report will be written about the defects. If a report on defects is not drawn up, such a buyer loses the claims arising from the broken packaging of the goods. Immediately after receiving the goods, the buyer, who is not a consumer, is obliged to check the goods, in particular he is obliged to check the number of pieces of goods and their completeness. In case of non-compliance, he is obliged to notify the seller without undue delay, but no later than within 3 working days of receiving the goods. Such a buyer is obliged to document detected defects in an appropriate manner and send this documentation to the seller together with the notification of the defect.

6.8. The risk of damage to the goods passes to the buyer, who is an entrepreneur, upon receipt of the goods or the moment when the buyer is allowed to handle the goods. It does not matter whether the buyer (entrepreneur) takes over the goods or not. The risk of damage to the goods passes to the buyer, who is a consumer, at the time of acceptance of the goods or at the time when the buyer (consumer) had the obligation to accept the goods, but did not do so in violation of the purchase contract.

6.9. 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.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that the goods:
7.1.1. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
7.1.2. it is suitable for the purpose for which the buyer requires it and to which the seller has agreed;
7.1.3. it is supplied with the agreed accessories and instructions for use, including a user manual.

7.2. The seller further responds to the buyer that, in addition to the agreed properties:
7.2.1. the goods are suitable for the purpose for which goods of this type are usually used, also with regard to the rights of third parties, legal regulations or codes of conduct of the given industry.
7.2.2. the quantity, quality and other properties of the goods, including durability, functionality, compatibility and safety, correspond to the usual properties of things of the same kind that the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular by advertising or labeling, unless the seller proves that he was not aware of it or that it was modified at the time of the conclusion of the purchase contract in at least a comparable way as it was made, or that it could not have influenced the purchase decision;
7.2.3. the goods are delivered with accessories, including packaging, instructions for use and other instructions for use that the buyer can reasonably expect
7.2.4. the goods correspond to the quality or execution of the sample or template that the seller provided to the buyer before concluding the purchase contract.

7.3. The provisions of Article 7.2 of the terms and conditions shall not apply if the seller has separately warned the buyer before concluding the purchase contract that some property of the item is different and the buyer has expressly agreed to this at the time of concluding the purchase contract.

7.4. If the buyer is a consumer and if the time during which the goods will retain their functions and performance under normal use is indicated on the sold goods, on their packaging, in the instructions attached to the goods or in the advertisement available at the latest at the time of the conclusion of the purchase contract, the quality guarantee provisions. With a quality guarantee, the seller undertakes to the buyer that he will satisfy the buyer beyond the scope of his legal rights for defective performance, if the goods do not have the characteristics specified in the warranty statement (warranty certificate), which the seller issues to the buyer at the latest upon taking over the item. The buyer must report a defect covered by the quality warranty no later than within the period determined by the length of the warranty period.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

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

8.2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1820 paragraph 1 letter n) of the Civil Code.

8.3. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.4. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

9. OUT OF JUDICIAL DISPUTE RESOLUTION

9.1. The out-of-court settlement of consumer disputes arising from the purchase contract between the seller and the buyer is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 796/44, 110 00 Prague 1, ID number: 000 20 869, internet address: https:/adr.coi.cz/cs. As a consumer, the buyer can also use the platform for online dispute resolution between the seller and the buyer from the purchase contract at the Internet address:
https://ec.europa.eu/consumers/odr/.

9.2. The point of contact for resolving consumer disputes online is the European Consumer Center Czech Republic, available at the internet address: https://evropskyspotrebitel.cz/.

10. DELIVERY

10.1. Notices whose acceptance was refused by the addressee, which were not picked up within the storage period, or which were returned as undeliverable are also considered delivered.

10.2. The contracting parties may deliver regular correspondence to each other via e-mail, to the e-mail address specified in the buyer's user account or specified by the buyer in the order, or to the address listed on the seller's website.

11. FINAL PROVISIONS

11.1. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or business terms and conditions require written form.

11.2. All rights to the e-shop, especially copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the e-shop or its parts without the consent of the seller.

11.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not publicly accessible. If interested in sending the purchase contract, the buyer can contact the seller.

11.4. The annex to the terms and conditions consists of a sample form for withdrawing from the purchase contract. You can find it here. (link to the form here)

11.5. Seller's contact details:

• delivery address: Nad Dalejským údolím 2690/7, Stodůlky, 155 00 Prague 5
• email address: info@nfovitamins.com
• phone: +420 705 717171.

In Prague on May 1, 2024