Business conditions
TERMS AND CONDITIONS
of company
Stacker Diet s.r.o based at Chudenická 1059/30, postcode: 102 00, Praha Hostivař
identification number: 28916891
- registered in the Commercial Register lodged with the Municipal Court in Prague, Section C, File No. 152993
for the sale of Goods via the e-shop at the internet address www.stackerdiet.com
- INTRODUTION
- These Terms and Conditions (“Terms and Conditions”) of the trading company Stacker Diet s.r.o., based at Chudenická 1059/30, postcode: 102 00, Praha Hostivař , identification number: 28916891, registered in the Commercial Register lodged with the Municipal Court in Prague, Section C, File No. 152993
(“Seller”)
in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., Civil Code, as amended (“Civil Code”), treat the mutual rights and obligations of the contracting parties arising in relation to or on the basis of a purchase contract (“purchase contract”) concluded between the Seller and another individual (“Purchaser”) via the Seller’s e-shop. This e-shop is operated by the Seller on the website hosted at www.stackerdiet.com (“website”), via the website interface (“e-shop web interface”).
- These Terms and Conditions do not apply to cases where the person intending to purchase Goods from the Seller is a legal entity or person ordering Goods for the purpose of their business or as part of their independent profession.
- Provisions differing from these Terms and Conditions may be arranged in the purchase contract. Different provisions in the purchase contract take precedence over the provisions of these Terms and Conditions.
- The provisions of the Terms and Conditions form an inseparable part of the purchase contract. The purchase closed in Czech, English, German, Danish, Norwegian and Swedish.
- The Seller may amend or supplement the wording of the Terms and Conditions. This does not affect the rights and obligations established while the previous version of the Terms and Conditions was effective.
- USER ACCOUNT
- After registering on the website the Purchaser may access the user interface. The Purchaser may use this user interface to order Goods (“user account”). If permitted by the e-shop web interface, the Purchaser may also order Goods directly from the e-shop web interface without registering.
- When registering on the website and ordering Goods the Purchaser is obliged to ensure that all details stated are correct and true. The Purchaser is obliged to update the details in the user account if there is any change to those details. The details given by the Purchaser in the user account and when ordering Goods are considered correct by the Seller.
- Access to the user account is secured by a username and password. The Purchaser is obliged to keep the details needed to log in to the user account confidential.
- The Purchaser is not entitled to allow the user account to be used by third parties.
- The Seller may cancel the user account particularly in the event that the Purchaser does not use the User Account for more than 2 years or if the Purchaser breaches any obligation arising from the purchase contract (including the Terms and Conditions).
- The Purchaser is aware that the user account will not necessarily be accessible continuously, particularly due to necessary maintenance of the Seller’s hardware and software, or due to necessary maintenance of third-party hardware and software.
- Conclusion OF PURCHASE CONTRACT
- All presentations of Goods in the e-shop web interface are merely informative and the Seller is not obliged to conclude a purchase contract for those Goods. The provisions of Section 1732(2) of the Civil Code do not apply.
- The e-shop web interface contains information about the Goods, including the prices of the individual Goods and the costs of returning the Goods, if the nature of the Goods means they cannot be returned by normal post. The prices of the Goods include value added tax and all associated fees. The prices of the Goods remain valid while displayed in the e-shop web interface. This does not affect the Seller’s option to conclude a purchase contract under terms agreed on an individual basis.
- The e-shop web interface also contains information about the costs associated with packing and delivering the Goods. The information about the costs associated with packing and delivering the Goods stated in the e-shop web interface only applies in cases where the Goods are delivered within Europe.
- To order Goods the Purchaser fills in the order form in the e-shop web interface. The order form particularly contains information about:
- the Goods ordered (the Purchaser “places” the Goods ordered into the electronic shopping basket of the e-shop web interface),
- the means of paying the purchase price of the Goods, details of the required method for delivering the Goods and
- information about costs associated with delivering the Goods (referred to as “order”).
- Before sending an order to the Seller the Purchaser is able to check and edit the data stated by the Purchaser in the order, to enable the Purchaser to note and correct any errors made when filling in the order. The Purchaser sends the order to the Seller by clicking the “Send” button. The details stated in the order are considered correct by the Seller.Upon receipt of an order the Seller will immediately confirm receipt to the Purchaser, via an e-mail sent to the Purchaser’s e-mail address specified in the user account or in the order (“Purchaser’s e-mail address”).
- Depending on the nature of the order (the quantity of Goods, the purchase price, estimated transport costs) the Seller is always entitled to request that the Purchaser provide additional confirmation of the order (e.g. in writing or by telephone).
- The contractual relationship between the Seller and the Purchaser is established upon the delivery and receipt of an order (acceptance) sent by the Seller to the Purchaser by electronic mail, to the Purchaser’s e-mail address.
- The Purchaser agrees to the use of remote communication when concluding the purchase contract. The Purchaser does not incur any costs associated with the use of remote communication in connection with the conclusion of the purchase contract. The costs incurred by the Purchaser in connection with the conclusion of the purchase contract (such as internet connection fees, telephone call fees) are paid by the Purchaser, at the basic rate.
- Price of GOODS and PAYMENT TERMS
- The Purchaser may pay the Seller the price of the Goods and any costs associated with the delivery of the Goods in accordance with the purchase contract in the following ways:
as cash on delivery at the place specified by the Purchaser in the order;
- by bank transfer to the Seller’s account no. 0346854003/2700, IBAN:CZ40 2700 0000 0003 4685 4003 , held with UniCredit Bank Czech Republic and Slovakia, a.s., address: Želetavská 1525/1, Prague 4 - Michle, ZIP: 140 92 (“Seller’s account”);
- by non-cash transfer via the PayPal payment system
- In addition to the purchase price the Purchaser is obliged to also reimburse the Seller for the costs associated with packing and delivering the Goods at the contractual rate. Unless explicitly specified otherwise, the purchase price also includes the costs associated with the delivery of the Goods.
- The Seller will not claim a deposit or other similar payment from the Purchaser. This does not affect the provisions of Art. 4.6 of the Terms and Conditions concerning the obligation to pay the purchase price of the Goods in advance.
- If payment is made in cash or cash on delivery the purchase price is payable upon receipt of the Goods. In the case of payment by bank transfer the purchase price is payable within 3 days of conclusion of the purchase contract.
- In the case of payment by bank transfer the Purchaser is obliged to pay the purchase price of the Goods and state the variable symbol of the payment. In the case of payment by bank transfer the Purchaser’s obligation to pay the purchase price is fulfilled the moment the relevant sum is credited to the Seller’s account.
- The Seller is entitled, particularly in the event that the Purchaser does not provide additional confirmation of the order (Art. 3.6), to request payment of the entire purchase price before the Goods are sent to the Purchaser. The provisions of Section 2119(1) of the Civil Code do not apply.
- The Purchaser may not combine any discounts on the price of the Goods provided by the Seller to the Purchaser.
- If it is customary in the course of trade or if it is stipulated by the generally binding laws, the Seller will issue the Purchaser with a tax document – invoice for payments made on the basis of the purchase contract. The Seller is not a value added tax payer. The Seller will issue the tax document – invoice to the Purchaser after the price of the Goods has been paid and will send it in electronic form to the Purchaser’s electronic address.
- According to the Sales Records Act the Seller is obliged to issue the Purchaser with a receipt. It is also obliged to register the revenue received with the tax administrator online; in the event of a technical failure then no later than within 48 hours.
- WITHDRAWAL FROM THE PURCHASE CONTRACT
- The Purchaser is aware that under Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the supply of Goods modified at the request of or for the Purchaser, from a purchase contract for the supply of Goods subject to rapid deterioration, or Goods which, after delivery, have been irreversibly mixed with other goods, from a purchase contract for the supply of Goods in a sealed package which the consumer removed from the package and which, for hygiene reasons, cannot be returned, or from a purchase contract for the supply of audio or image recordings or computer software whose original packaging is no longer intact.
- With the exception of the case specified in Art. 5.1 of the Terms and Conditions or other case in which it is not possible to withdraw from the purchase contract, in accordance with the provisions of Section 1829(1) of the Civil Code the Purchaser has the right to withdraw from the purchase contract, within fourteen (14) days of receiving the Goods; in the event that the purchase contract is for several types of Goods or delivery in several parts, this deadline commences on the date the last delivery of Goods is received. Notification of withdrawal from the purchase contract must be sent to the Seller by the deadline specified in the previous sentence. The Purchaser may send the notification of withdrawal from the purchase contract by post to the Seller’s address to the Seller’s email address at: info@stackerdiet.com
- In the event of a withdrawal from the purchase contract pursuant to Art. 5.2 of the Terms and Conditions, the purchase contract is annulled from the beginning. The Purchaser must return the Goods to the Seller within fourteen (14) days of the date the notice of withdrawal from the purchase contract is delivered to the Seller. If the Purchaser withdraws from the purchase contract, the Purchaser bears the costs associated with returning the Goods to the Seller, including if the nature of the Goods means they cannot be returned by normal post.
- In the event of a withdrawal from the purchase contract pursuant to Art. 5.2 of the Terms and Conditions, the Seller will return all payments received from the Purchaser within fourteen (14) days of withdrawal from the purchase contract by the Purchaser, using the same method as those payments were received by the Seller from the Purchaser. The Seller is also entitled to return performance provided by the Purchaser when the Goods are returned by the Purchaser or on another manner, if approved by the Purchaser and assuming the Purchaser incurs no further costs. If the Purchaser withdraws from the purchase contract, the Seller is not obliged to return payments to the Purchaser until the Purchaser has returned the Goods or proves that the Goods have been sent to the Seller.
- The Seller is entitled to offset any compensation for damage to the Goods against the purchase price due to be refunded to the Purchaser .
- In cases where the Purchaser has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the purchase contract at any time, until the Goods are received by the Purchaser. In such a case the Seller will return the purchase price to the Purchaser without undue delay, by bank transfer to the account specified by the Purchaser.
- If a gift is provided to the Purchaser together with the Goods, the gift agreement between the Seller and the Purchaser is concluded with a resolutive condition, that if the Purchaser withdraws from the purchase contract, the gift agreement for that gift ceases to be valid and the Purchaser is obliged to return the gift to the Seller together with the Goods.
- Transport and delivery of GOODS
- In the event that the form of transport is agreed on the basis of a special request by the Purchaser, the Purchaser bears the risk and any additional costs associated with that form of transport.
- If the purchase contract obliges the Seller to deliver the Goods to a place designated by the Purchaser in the order, the Purchaser is obliged to accept the Goods upon delivery.
- In the event that the Goods need to be delivered repeatedly or in a manner other than that stated in the order for reasons on the part of the Purchaser, the Purchaser is obliged to pay the costs associated with repeatedly delivering the Goods, or the costs associated with the different delivery method.
- Upon receipt of the Goods from the carrier the Purchaser is obliged to check that the packaging of the Goods is intact and, if any defects are found, to notify the carrier immediately. If it is found that the packaging is damaged, indicating that the package has been opened unlawfully, the Purchaser is not obliged to accept the consignment from the carrier.
- Further rights and obligations of the parties in relation to the transport of the Goods may be defined by the Seller’s special delivery terms, if issued by the Seller.
- Rights ARISING FROM DEFECTIVE PERFORMANCE
- The rights and obligations of the contracting parties concerning rights arising from defective performance are governed by the relevant generally binding laws (particularly the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
- The Seller is liable to the Purchaser for ensuring that the Goods are free of defects when received by the Purchaser. The Seller is particularly liable to the Purchaser for ensuring that when the Purchaser receives the Goods:
- the Goods have the properties agreed by the Parties; if no such agreement has been made, the Goods have the properties described by the Seller or manufacturer or which were expected by the Purchaser given the nature of the Goods and advertisements for the Goods,
- the Goods are fit for the purpose stated by the Seller or the purpose for which Goods of that type are usually used,
- the Goods match the quality or design of the contractual sample or template, if the quality or design were specified on the basis of a contractual sample or template,
- the Goods are supplied in the requisite quantity, measure or weight and
- the Goods comply with the requirements stipulated by law.
- The provisions specified in Art. 7.2 of the Terms and Conditions do not apply in the case of Goods sold for a lower price due to a defect, due to wear in the Goods caused by normal use, due to Goods having been used, with the reduction corresponding to the level of use or wear in the Goods when received by the Purchaser, or if implied by the nature of the Goods.
- If a defect appears within six months of receipt of the Goods, it is considered that the Goods were defective upon receipt. The Purchaser is entitled to exercise its right arising from the defect, which applies to consumer Goods for 24 months after receipt.
- The Purchaser may exercise its rights arising from defective performance with the Seller at the Seller’s premises, assuming that such a claim may be received there given the nature of the Goods sold by the Seller or the Seller’s headquarters or place of business.
- Further rights and obligations of the parties relating to the Seller’s liability for defects may be defined by the Seller’s claims rules.
- Further RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The Purchaser acquires the title to the Goods when the purchase price of the Goods has been paid in full.
- The Seller is not bound to the Purchaser by any codes of conduct as defined by the provisions of Section 1826(1)(e) of the Civil Code.
- The Seller will handle consumer complaints sent to its e-mail address at info@stackerdiet.com. The Seller will send the Purchaser information about how complaints are dealt with to the Purchaser’s electronic address.
- Consumer disputes arising from the purchase contract will be resolved out of court by the Czech Trade Inspection Authority, based at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, URL: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Purchaser from the purchase contract.
- The European Consumer Centre Czech Republic, based at Štěpánská 567/15, 120 00 Praha 2, URL: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
- The Seller is entitled to sell the Goods on the basis of a trade licence. Trades are controlled by the relevant trade licensing office. Supervision concerning the protection of personal data is performed by the Office for Personal Data Protection. To a limited extent the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
- The Purchaser hereby accepts the risk of circumstances changing in accordance with Section 1765(2) of the Civil Code.
- PROTECTION OF PERSONAL DATA
- The personal data of a Purchaser who is an individual is protected under Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
- The Purchaser consents to the processing of the following personal data: full name, residential address, identification number, tax identification number, email address, telephone number and (all jointly referred to as “personal data”).
- The Purchaser consents to the processing of personal data by the Seller, for the purposes of implementing the rights and obligations arising from the purchase contract and for the purposes of the user account. Unless the Purchaser selects another option, it also consents to its personal data being processed by the Seller for the purposes of sending information and commercial messages to the Purchaser. Consent to the processing of personal data within the scope of this article is not a prerequisite that would otherwise prevent the conclusion of the purchase contract.
- The Purchaser is aware that (when registering, in its user account, when making an order via the e-shop web interface) it is obliged to ensure that its personal data is accurate and true and is obliged to inform the Seller of any changes to its personal data without undue delay.
- The Seller may contract the processing of the Purchaser’s personal data out to a third party, as processor. Besides the persons transporting the Goods, such personal data will not be provided to any third party by the Seller without the prior consent of the Purchaser.
- Personal data will be processed for an indefinite period. Personal data will be processed in electronic form by an automated process or in printed form by a non-automated process.
- The Purchaser confirms that the personal data it has provided is precise and that it has been informed that such personal data is provided on a voluntary basis.
- In the event that the Purchaser assumes that the Seller or processor (Art. 9.5) is processing their personal data in violation of the Purchaser’s right to a private and personal life or in violation of the law, particularly if personal data is imprecise with regard to the purpose for which it is processed, the Purchaser may:
- request an explanation from the Seller or processor,
- request that the Seller or processor rectify the situation.
- If the Purchaser requests information concerning the processing of its personal data, the Seller is obliged to provide that information. The Seller has the right to claim reasonable reimbursement of the costs of providing information pursuant to the previous sentence not exceed the costs necessary to provide the information.
- Sending COMMERCIAL MESSAGES and storage of COOKIES
- The Purchaser consents to being sent information relating to the Seller’s Goods, services or business to the Purchaser’s electronic address and also consents to being sent commercial messages by the Seller to the Purchaser’s electronic address.
- The Purchaser consents to the storage of cookies on its computer. If a purchase may be made on the website and the Seller’s obligations under the purchase contract may be fulfilled without the need for cookies to be stored on the Purchaser’s computer, the Purchaser may revoke its consent pursuant to the previous sentence at any time.
- DELIVERY
- Correspondence may be delivered to the Purchaser via the Purchaser’s electronic address.
- Final PROVISIONS
- If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship will be governed by Czech law.
- By choosing a right pursuant to Art. 12.1 of the Terms and Conditions the consumer is not deprived of the protection afforded by the provisions of the law from which the contract may not diverge and, if no choice of right existed, would otherwise apply pursuant to the provisions of Art. 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
- If any of the provisions of the Terms and Conditions are found to be or become invalid or ineffective, such invalid or ineffective provisions will be replaced by provisions that most closely approximate the intent of the invalid provisions. If one provision is found to be invalid or ineffective, this will not affect the validity or effectiveness of the other provisions.
- The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The specimen form for withdrawal from the purchase contract forms the annex to the Terms and Conditions.
- Contact details of the Seller: delivery address Chudenická 1059/30, Praha –Hostivař 102 00, email address info@stackerdiet.com
In Prague on 4 May 2017
Stacker Diet s.r.o.