Terms and Conditions

General terms and conditions of VitasLife, s.r.o., ID: 07928777, with registered office at Kubelíkova 1224/42, Prague 3

1. Preamble

These general terms and conditions (hereinafter also GTC) apply to purchases in the online store www.vitaslife.store, which is operated by VitasLife, s.r.o., ID: 07928777, with registered office at Kubelíkova 1224/42, Prague 3, registered office. in the OR conducted by the municipal court in Prague, section C, file 310045.

These General Terms and Conditions govern the relationship between the Buyer and the Seller in the area of sales of goods between VitasLife, s.r.o., ID: 07928777, with registered office at Kubelíkova 1224/42, Prague 3, reg. in the OR conducted by the municipal court in Prague, section C, file 310045 (hereinafter referred to as the "Seller") and its business partners (hereinafter referred to as the "Buyer").

All contractual relationships are concluded in accordance with the legal system of the Czech Republic. By placing an order, the buyer confirms that he has familiarized himself with these terms and conditions, of which the complaints procedure is an integral part, and that he agrees with them.

The Buyer is sufficiently informed of these terms and conditions before placing the order and has the opportunity to become familiar with them.

2. Definition of terms

1. Seller

The seller is (the company) VitasLife, s.r.o., IČO: 07928777, with registered office at Kubelíkova 1224/42, Prague 3, reg. in the OR conducted by the municipal court in Prague, section C, file 310045.

2. Buyer

The buyer is a consumer or entrepreneur. A consumer is a natural person who, when concluding and fulfilling the Purchase Agreement with the Seller, is not acting as part of his business or other business activity or as part of the independent exercise of his profession.

At the start of business relations, the consumer only provides the seller with their contact information, which is necessary for the smooth processing of the order, or the information that they want to have on the purchase documents. Legal relations between the Seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act. No. 40/1964 Coll., Civil Code and Act No. 634/1992 Coll., on consumer protection, both as amended, as well as related regulations.

An entrepreneur is defined as: a person registered in the commercial register (primarily a commercial company), a person who does business on the basis of a trade license (a trader registered in the trade register), a person who runs a business on the basis of a non-trade license according to special regulations (this includes, for example, a single a profession such as advocacy, etc.), and a person who runs agricultural production and is registered in accordance with a special regulation.

Legal relations between the Seller and the Buyer, who is an entrepreneur, not expressly regulated by these General Terms and Conditions or the Agreement between the Seller and the Buyer, are governed by the relevant provisions of Act. No. 513/1991 Coll., the Commercial Code as amended, as well as related regulations. The Seller's Individual Contract with the Buyer is superior to the terms and conditions.

3. Consumer Agreement

A contract of purchase, for work, or other contracts according to the Civil Code, if the parties to the contract are the consumer on the one hand and the supplier on the other, or Seller.

4. Protection of personal data

Its information obligation towards the buyer in the sense of Article 13 Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data) ( hereinafter referred to as the "GDPR regulation") related to the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiating this contract and for the purpose of fulfilling the seller's public obligations, the seller fulfills it by means of a special document.

The buyer agrees to send information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending commercial messages to the buyer's e-mail address. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of the GDPR regulation related to the processing of the buyer's personal data for the purpose of sending business communications through a special document.

The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.

5. Order and conclusion of the Contract

The Buyer is entitled to order goods from the Seller through the e-shop ordering system, or By email. The proposal to conclude a purchase contract is the placement of the offered goods by the Seller on the website, the purchase contract is created by sending the order, or written order of the Buyer by the consumer and acceptance of the order by the Seller. The Seller will immediately confirm this acceptance to the Buyer by an informative email to the specified email address, but this confirmation does not affect the formation of the Contract.

The resulting Agreement (including the agreed price) can be changed or canceled only based on the agreement of the parties or on the basis of legal reasons. These General Terms and Conditions are drawn up in the Czech language, while the purchase contract can also be concluded only

in the Czech language. A consumer who has a permanent residence in a member state of the European Union outside the territory of the Czech Republic, or who is a citizen of a member state of the European Union outside the territory of the Czech Republic, by confirming the order agrees to conclude a purchase contract in the Czech language. After the conclusion of the purchase contract, it is not possible to find out whether errors occurred during data processing before placing the order, or to correct these errors. The concluded purchase contract is archived by the Seller and is accessible to the Buyer upon request within 2 years from the date of its signature.

6. Price and Payment

The offer with prices listed on the seller's e-shop are contractual, final, always up-to-date and valid for as long as they are offered by the seller in the online shop. Shipping costs are listed in the "Delivery time and delivery conditions" section.

The costs of using remote communication means are borne by the Buyer. The final calculated price after filling out the order form is already included including the shipping fee. The price specified for the goods at the time of ordering the goods by the buyer applies as the price at the conclusion of the Agreement between the seller and the buyer. The tax document based on the Purchase Agreement between the Seller and the Buyer also serves as a delivery note. The buyer can generally take over the goods only after full payment, unless otherwise agreed. In the event that the Buyer makes the payment and the Seller is subsequently unable to ensure the delivery of the goods, the Seller will immediately return the performance to the Buyer in the agreed manner. The deadline for returning the spent funds depends on the chosen method of returning them, but it must not exceed 30 days from the moment when this impossibility arose. The goods remain the property of the seller until full payment.

The seller accepts the following payment terms:

Payment in cash on collection (cash on delivery)

Online payment via Comgate payment gateway

7. Delivery period and delivery conditions

The seller fulfills the delivery of the goods by handing over the goods to the buyer, or by handing over the goods to the first carrier, thereby also transferring the risk of damage to the goods to the buyer. The availability of the product is always indicated in the detail of this product. Delivery time depends on product availability, payment terms and delivery conditions, and is a maximum of 7 days. In normal cases, we ship the goods within 1 working day after payment of the full amount of the purchase price. The final delivery date is always indicated in the order confirmation email. Installation of the purchased goods is not part of the delivery. Along with the shipment, the Buyer will receive a tax document/invoice. For goods that will be paid for by the Buyer upon receipt, i.e. cash on delivery, the delivery period begins on the day of the valid conclusion of the Purchase Agreement according to Article IV. of these GTC.

In the event that the Buyer has chosen a payment option other than paying for the goods upon receipt, the delivery period starts only after full payment of the purchase price, i.e. when the relevant amount is credited to the Seller's account.

The seller accepts the following delivery conditions:

Parcel transport dispatch office

8. Warranty and service

When selling consumer goods, the warranty period is 24 months; if it concerns the sale of food goods, the guarantee period is eight days, for the sale of feed three weeks and for the sale of animals six weeks. If a time limit for the use of the thing is marked on the sold item, its packaging or the instructions attached to it in accordance with special legal regulations, the warranty period ends when this period expires. The warranty does not cover wear and tear caused by normal use. For items sold at a lower price, the warranty does not apply to defects for which a lower price was negotiated. If the item is used, the seller is not responsible for defects corresponding to the degree of use or wear and tear the item had when the buyer took it over. In accordance with the applicable legal order of the Czech Republic, the Buyer, who is an entrepreneur and purchases goods in connection with his business, is not provided with a guarantee for the goods apart from the general liability of the Seller for defects in the goods during their handover.

9. Claims procedure

In the event that a defect occurs during the warranty period, the Buyer, depending on the nature of the defect, has the following rights when applying the warranty:

removable in case of defect:

a.) the right to free, proper and timely removal of the defect

b.) the right to exchange defective goods or defective parts, if this is not due to the nature of the defect

disproportionately

c.) in case of impossibility of the procedures mentioned in points a.) and b.) has the right to a reasonable discount from the purchase price or withdrawal from the purchase contract

in the case of an irreparable defect:

a.) the right to exchange defective goods or withdraw from the purchase contract

in the case of a defect that can be removed, if the Buyer cannot properly use the item due to the reappearance of the defect after repair (i.e. the goods have already been complained about 3 times for the same defect) or due to a larger number of defects

a.) the right to exchange defective goods or withdraw from the purchase contract

if there are other defects that cannot be removed and if the consumer does not request the replacement of the item:

a.) the right to a reasonable discount on the purchase price or withdrawal from the purchase contract

Complaints can be made with the Seller, in all of his establishments. Complaints do not apply to the following cases:

if there is a defect or damage that is demonstrably incorrect 

use, in violation of the instructions for use or other improper actions by the Buyer of demonstrable unauthorized interference with the goods for defects that arose due to normal wear and tear of consumer goods with a specified period of use according to special legal regulations, if such a claim is made after the expiry of this period defects caused by the influence of natural disasters

10. Termination of the Agreement

Due to the nature of the conclusion of the Purchase Agreement through remote communication, the Buyer, who is a consumer, has the right to withdraw from this Agreement without any penalty within 14 days of receiving the goods. Furthermore, the Buyer, who is a consumer, has the right to withdraw from the Contract in accordance with Section 53, Paragraphs 7 and 8 of Act No. 40/164 Coll., Civil Code, as amended. The above does not apply to the Buyer who is an entrepreneur and concludes the Purchase Agreement in connection with his business activity. In the case of the aforementioned withdrawal from the contract, the Seller will send the purchase price to the Buyer's bank account, which the Buyer will notify the Seller for this purpose.

The Seller has the right to withdraw from the Contract if the Buyer does not pay the full amount of the purchase price within 30 days from the date of conclusion of the Purchase Contract.

11. Final Provisions

The Buyer will allow the Seller to fulfill its obligations in accordance with the Offer/Contract, for which it will develop all necessary cooperation. The Buyer undertakes to cover all costs incurred by the Seller by sending reminders and costs associated with the collection of any claims. The Buyer acknowledges that the Seller is entitled to assign its claim from the Contract to a third party. The Buyer shall immediately inform the Seller of a change in his/her identification data, no later than within 5 working days from the date on which such a change occurred. The parties undertake to use their best efforts to amicably resolve all disputes arising out of or in connection with the Agreement and/or GTC.

The mutual obligation relationship of the contracting parties is governed by the legal order of the Czech Republic, in particular by Act No. 40/1964 Coll., the Civil Code, as amended. For the purposes of contracting with an international element, in accordance with Article III. Regulation No. 593/2008 on the applicable law for contractual obligations, adopted by the European Parliament and the Council of the European Union on June 17, 2008 (hereinafter referred to as "Rome I"), that they chose Czech law as the applicable law for the Purchase Agreement and these GTC, namely excluding the application of the "UN Convention on Contracts for the International Sale of Goods". This choice does not affect Article VI of Rome I, regarding consumer contracts.

In the event that any provision of the Agreement and/or GTC is or becomes or is found to be invalid or unenforceable, this will not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the Agreement and/or GTC. In such cases, the contracting parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that will have the same and legally permissible meaning and effect as the intention of the provision to be replaced. As a matter of legal caution, the contracting parties hereby declare that, for cases of contracting with an international element, for any cases of disputes (with the exception of disputes for which the exclusive jurisdiction of the arbitrator is given and/or in connection with them) or for cases in which a final court decision would find, that the authority of the arbitrator is not given here according to this article of the GTC, that in accordance with Article 23 of Council Regulation (EC) No. 44/2001 of 22 December 2000, on jurisdiction and the recognition and enforcement of court decisions in civil and commercial matters, the negotiator the exclusive jurisdiction of the municipal court in deciding all future disputes from the Contract and/or GTC and/or in connection with them.

Also, the contracting parties hereby establish the exclusive jurisdiction of the municipal court in . These General Terms and Conditions become valid and effective on 01.05.2023 and are also available on the Seller's website. The Seller is entitled to change these GTC at any time. The General Terms and Conditions then cease to be valid and effective on the date of entry into force of the later General Terms and Conditions.

Form for withdrawing from the purchase contract within 14 days

Sample form for withdrawing from the VitasLife.cz purchase contract in DOC format.