vitaminator.cz General terms and conditions
GENERAL TERMS AND CONDITIONS
I. Introductory provisions
These General Terms and Conditions (GTC) govern the relationship between the Buyer and the Seller, which is the company Vitaminátor, s.r.o., registered in the Commercial Register of the Regional Court in Ostrava, Section C, File No. 33,197th
By placing an order the Buyer confirms that he is familiar with these GTC and agrees with them. The Buyer is adequately informed about these GTC is before placing the order and has the opportunity to become acquainted with them.
The Seller
VITAMINÁTOR, s.r.o.
Sosnová 107
793 14 Sosnová
ID: 28585658
VAT: CZ28585658
The Buyer
The Buyer is a consumer or an entrepreneur.
Consumer
A consumer is a natural person who when concluding the Purchase Agreement with the Seller does not act in hiscommercial or other entrepreneurial activity or within independent exercise of their profession.
The Consumer at the opening of business relations only transmits to the Seller his own contact information necessary for the smooth execution of the order, or the data that he wants to have included in the purchase documents. Legal relationships of the Seller and the Consumer that are not expressly stipulated in these GTC shall be governed by the relevant provisions of the Act. No. 40/1964 Coll., the Civil Code, and the Act. No. 634/1992 Coll., on Consumer Protection, both as amended, and related regulations.
Entrepreneur
Entrepreneur is defined as:
a person registered in the Commercial Register
a person who operates under the trade license,
an entity which performs its entrepreneurial activities based on other license than trade license under special regulations,
a person who is engaged in farming and is registered in the register under a special regulation.
Legal relationships of the Seller and the Buyer, who is an entrepreneur,that are not expressly provided for in these Terms and Conditionsor within an individual contract, shall be governed by the provisions of Act No. 513/1991 Coll., The Commercial Code, as amended, as well as related regulations. In the event of any differences between the GTC and the individual contract, the l individual contracts shall take precedence.
II. Customer registration, inform
Registration
The Buyer has the opportunity to register in the system on the website www.vitaminator.cz.
The Consumer has the option to order from the e-shop without registration. Registration is automatically created based on the data entry necessary to ensure the delivery of orders and issuing of purchase documents. The consumer receives the necessary credentials and related instructions to the registered e-mail address.
Entrepreneurs carrying out their activities in related areas, e.g. food wholesale, catering, retail, shall register by using the data associated with this activity.
Sending information
By registering (described above) the Buyer agrees to receive information by e-mail to the e-mail address provided in the context of their order or registration.
III. The purchase price, order and purchase contract
Purchase price
Buyer orders from the Seller the goods listed in the e-shop on www.vitaminator.cz for the purchase price, which is valid and current. The purchase price stated in the e-shop for consumers insludes VAT, and excludes the cost of delivery.
Order and Purchase Contract
Buyer orders from the Seller the goods listed in the e-shop on www.vitaminator.cz, viaan application of which enables the Buyer to choose the type, quantity, price of goods, delivery, payment and fill in all the information specified in the order, which are marked by the Selleras mandatory.
The ordering process is concluded by the issue of the order form and confirmation of the order form by the Buyer. By confirming the order, the Buyer declares that he made a binding order of the specified goods from the Seller, that he is familiar with the GTC and agrees with them and considers them binding.
For the purposes VOP the Buyer’s order is considered a draft Purchase Contract. The Purchase Contractwith the subject goods specified in the order (hereinafter Purchase Contract) between the Buyer and the Seller is concluded upon receipt of an order confirmation by the Buyer. The Purchase Contract is concluded in the Czech language. The Buyer declares that by confirming the order pursuant to paragraph III. of GTC he expressly agrees with the way the Purchase Contract is concluded.
The Seller is bound by the Purchase Contract to deliver to the Buyer the goods listed in the order in a time period according to the GTC and to the place of delivery specified in the order and the Buyer undertakes to receive the goods from the Seller or its selected carrier and pay the Seller the purchase price of the goods specified in the order.
IV. Delivery and transport conditions
Goods are dispatchedby the Seller within 3 working days after order confirmation if not agreed otherwise. In the event that the Buyer pays the purchase price by bank transfer or deposit to the Seller's account, the goods are dispatched after the funds are credited to the account of the Seller.
Delivery of the goods according to the GTC is the moment of the delivery of goods to the Buyer pursuant to the Purchase Agreement. Unjustified refusal of goods by the Buyer shall not be deemed an infringement on the obligation to deliver the goods by the Seller.
Title to the goods passes to the Buyer upon full payment of the purchase price in the following ways:
paying cash on delivery is defined as payment of the purchase price to the carrier,
payment by bank transfer or deposit of the purchase price to the Seller's account is defined as the moment the purchase price is credited to the Seller's account,
payment in cash is defined as the moment of payment of the purchase price upon receipt of goods from the Seller.
Types of shipping:
Carrier shipment INTIME forwarding – package delivery to hand
Carrier shipment Czech Post - package delivery to the post office
Goods are packaged so as to be protected against damage. The Buyer has the right to refuse to accept the goods from the carrier in the event that the goods are delivered in damaged packaging.
V. The cost of delivery of goods
Payment Terms
The Buyer has the option to pay the purchase price for the goods seller in one of the following ways:
Payment in cash at the company headquarters
Cash on delivery,
Advance payment by bank transfer to the Seller, account number: 2800417065/2010, maintained by the FIO Bank.
The Buyer shall specify the paymentmethod in the order.
Shipping costs
Fares for the supply of goods to the Czech Republic are charged according to the current pricelist of the carrier and are always communicated to the Buyer prior to the closure of orders. See Shipping costs.
The number of packages depends on the weight of the total shipment, whereasthe maximum weight of one package is 30 kg.
VI. Warranty and Returns
We provide warranty for all goods until the consumption date of goods listed on the packaging. The warranty does not cover damage caused by improper handling, storage or merchandise wear. The procedure for complaints is regulated byArt. VIII. Complaints procedure.
VII. Withdrawal from the contract
If the Buyer is a consumer (not applicable to legal persons and natural persons conducting business under the Trade Act / entrepreneurs) he may, within 14 days of receipt of goods in accordance with the Civil Code (§ 53 et seq.) withdraw from the contract and return the goodseven without giving a reason. The goods must be returned undamaged and free of visible defects caused by use to the following address: Vitaminátor s.r.o., Sosnová 107, 793 14 Sosnová. If the Buyer is an entrepreneur, the withdrawal from Contract is regulated by Act. No. 513/91 Coll., the Commercial Code, as amended.
When shipping the goods the Buyer is obliged to pack the goods in suitable packaging to avoid damage or destruction. Goods damaged or destroyed during shipment or due to improper use will not be accepted by the Seller and the Buyer will not be refunded the purchase price.
The goods must be accompanied by a copy of the delivery note or invoice and a written statement of withdrawal from the contract. Written notice of withdrawal must be delivered to the Seller no later than on the date of delivery of the goods which the Buyer wishes to return.
The costs associated with the delivery of goods to the Seller's address are paid by the Buyer.
VIII. Complaints procedure
General provisions
Complaints procedure regulates the manner and conditions of warranty for defective goods and warranty claims by the Buyer. If the Buyer is a consumer, the complaints procedure is in accordance with the provisions of Act No. 40/1964 Coll., The Civil Code, Act. No. 634/1995 Coll., the Consumer Protection Act, all as amended. If the Buyer is an entrepreneur, the claim is regulated in accordance with the provisions of Act No. 513/91 Coll., The Commercial Code, as amended.
Warranty
Warranty period is providedfor all products pursuant to Art. VI. GTC.
In case of a warranty claim contact us immediately by phone or e-mail on the phone number 734 203 937 or e-mail address vankova@vitaminator.cz.
For the recognition of claims it is necessary to fill out a complaint report see here and send an e-mail or to the mailing address of the company.
Received warranty claim are dealt with promptly, not later than 30 days from the date of the claim if the Seller and Buyer do not agree otherwise. The date of claim is the day on which the goods were delivered to the Seller's address.
The warranty does not apply to goods for which the claim is filed after the expiration of the warranty period. The warranty does not cover damage caused by improper use, storage or improper maintenance of the product.
The place for filing a complaint is Vitaminátor s.r.o., Sosnová 107, 793 14 Sosnová.
When shipping the goods the Buyer is obliged to pack the goods in suitable packaging to avoid damage or destruction. The goods must be accompanied by a copy of the delivery note or invoice and a description of the defect with a proposal for the solution method. The package must be marked with the word "warranty claims".
IX. Privacy
The Seller declares that all personal details are confidential and shall be used only for the execution of the purchase agreement with the Buyer and not otherwise disclosed to a third party. Exceptions are the carriers, to whomthe Buyer’s personal data is transmitted to the minimum extent necessary for the delivery of goods.
Personal information that is provided by the Buyer to the Seller in order to fulfil orders is collected, processed and stored in accordance with the applicable laws of the Czech Republic, particularly with Act No. 101/2000 Coll. on the Protection of Personal Data, as amended.
By finalizing the agreement the Buyer agrees with the collection and processing of personal data in the Seller’s database until the Buyer sends a written statement of disagreement with the processing of personal data.
The Buyer has the right to access his personal data, to correct them as well as other legal rights to these data. Based on the customer's written request thepersonal data may be removed from the database. Personal data of customers are fully protected against abuse.
X. Final Provisions
These GTC apply as stated on the website of the Seller on the date the Purchase Contract has been concluded. The Buyer's order is, after being confirmed as the Purchase Contract between the Buyer and the Seller, archived in order to meet the contractual obligations and for the registry purposes and its state is accessible to the Buyer. The Purchase Contract may be concluded in the the Czech language or in other languages, if it does not constitute a reason for the impossibility of its conclusion. With the purchase the Buyer agrees to receive commercial messages.
Upon conclusion of the Purchase Contract the Buyer accepts all the provisions of the GTC validat the time of the order dispatch.
These conditions are valid and enter into force on 1stSeptember, 2014.
