Terms and Conditions

These Terms and Conditions apply to purchases made through the online shop www.puravita.cz.

They define the rights and obligations of the seller and the buyer.

Seller’s contact details:

Company headquarters:

PURAVITA s.r.o.

Company ID: 286 39 049 VAT ID: CZ28639049

V Zatáčce 62/2, 725 28 Ostrava - Lhotka

Registered with the Regional Court in Ostrava; File reference number: C 36157

Warehouse address:

ESA logistika

Lihovarská 692/40C, 718 00 Ostrava - Kunčičky

Bank connection:

Raiffeisenbank a.s., číslo účtu 7608855500/5500

IBAN: CZ75 5500 0000 0076 0885 5500

SWIFT: RZBCCZPP 

Contacts:

Telephone contact: +420 773 655 773, +420 776 588 856

E-mail: obchod@puravita.cz

Data box ID: svzvenr

The Seller undertakes to respond to written or electronic correspondence from the Buyer without undue delay, no later than within three (3) business days.

1. Introductory Provisions and Information

1.1

These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the mutual rights and obligations of the contractual parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller at the internet address www.puravita.cz via a web interface (hereinafter referred to as the “Shop Web Interface”).

1.2

The Terms and Conditions also govern the rights and obligations of the contractual parties when using the Seller’s website located at www.puravita.cz (hereinafter referred to as the “Website”) and other related legal relationships. The Terms and Conditions also include information published on the Website.

1.3

Deviating provisions in the Purchase Agreement shall take precedence over the provisions of these Terms and Conditions. The provisions of the Terms and Conditions shall take precedence over any provisions published on the Website.

1.4

The provisions of the Terms and Conditions form an integral part of the Purchase Agreement, in the version effective on the date of its conclusion.

1.5.

Information on goods and prices provided by the Seller on the Website or in other formats (e.g., printed materials) is binding, except in cases of obvious error. Prices are stated inclusive of all taxes (e.g., VAT) and fees, except for delivery costs of the goods.

1.6.

The Seller does not require any additional charges for the goods depending on the payment method, except for cash on delivery (COD) fees.

1.7.

Photographs displayed on the Website are for illustrative purposes only.

1.8.

The Seller provides instructions for use or general advice on the preparation of the goods in electronic form prior to the conclusion of the agreement, especially for goods where it is purposeful and suitable for the Buyer’s purchase decision.

2. User Account

2.1

Based on the Buyer’s registration on the Website, the Buyer may access their user interface. From their user interface, the Buyer can place orders for goods (hereinafter referred to as the “User Account”). The Buyer may also place orders for goods without registration directly through the Shop Web Interface.

2.2

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

2.3

The Seller is entitled to cancel the User Account, in particular if the Buyer has not used their User Account for more than two (2) years, or if the Buyer breaches their obligations under the Purchase Agreement (including the Terms and Conditions).

2.4

The Buyer acknowledges that the User Account may not be available continuously, especially due to necessary maintenance of the Seller’s hardware and software, or due to necessary maintenance of hardware and software of third parties.

3. Conclusion of the Purchase Agreement

3.1

The Shop Web Interface contains a list of goods offered for sale by the Seller, including the prices of the individual goods offered. The prices of the goods are stated inclusive of value-added tax (VAT). The offer of goods for sale and their prices remain valid for as long as they are displayed on the Shop Web Interface. This provision does not limit the Seller’s ability to conclude a Purchase Agreement under individually agreed terms. All offers of goods for sale displayed on the Shop Web Interface are non-binding, and the Seller is not obliged to conclude a Purchase Agreement regarding such goods.

3.2

The Shop Web Interface also contains information on costs associated with packaging and delivery of goods. Information on packaging and delivery costs provided on the Shop Web Interface applies only in cases where the goods are delivered within the territory of the Czech Republic and the Slovak Republic.

3.3

To order goods, the Buyer fills out an order form on the Shop Web Interface. The order form contains, in particular, information on: the goods being ordered (the Buyer “adds” the goods to the electronic shopping cart of the Shop Web Interface), the method of payment for the goods, the requested delivery method of the ordered goods, and information on costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).

3.4

Before submitting the Order to the Seller, the Buyer is allowed to review and modify the information entered in the Order, including the possibility to identify and correct errors made when entering data into the Order. The Buyer submits the Order to the Seller by clicking the “Submit Order” button. The information provided in the Order is considered by the Seller to be correct. The Seller shall promptly confirm receipt of the Order to the Buyer by electronic mail, to the email address provided by the Buyer in the User Account or in the Order (hereinafter referred to as the “Buyer’s Email Address”).

3.5

The Seller is always entitled, depending on the nature of the Order (quantity of goods, purchase price, estimated delivery costs), to request additional confirmation of the Order from the Buyer (for example, in writing or by telephone).

3.6.

The contractual relationship between the Seller and the Buyer arises upon acceptance of the Order. The Order is deemed accepted either by handing the goods over to the first carrier or by sending a message to the Buyer that the goods are ready for collection. Any information provided by the parties before acceptance of the Order is considered a deposit.

3.7

The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Agreement, in particular with persons who have previously materially breached a Purchase Agreement (including the Terms and Conditions).

3.8

The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. Any costs incurred by the Buyer for using remote communication means in connection with the conclusion of the Purchase Agreement (e.g., internet connection fees, telephone call charges) shall be borne by the Buyer.

4. Price of Goods and Payment Terms

4.1

The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement using the methods specified on the Website.

4.2

Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods..

4.3

The purchase price is due no later than upon receipt of the goods, unless otherwise agreed between the parties. In the case of payment by bank transfer, the Buyer is obliged to pay the purchase price stated on the invoice issued by the Seller. In the event of late payment, the Seller is entitled to charge the Buyer 0.05% of the purchase price excluding VAT for each day of delay.

4.4

Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined. Some products have a maximum discount set, which cannot be further reduced by any promotion.

4.5.

According to the Act on the Evidence of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is required to register the received payment with the tax administrator online; in the event of a technical failure, no later than within 48 hours.
The Buyer agrees to the issuance and delivery of the receipt in electronic form.

5. Withdrawal from the Purchase Agreement

5.1

Except in cases provided for in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), or in other cases where withdrawal from the Purchase Agreement is not possible, the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 of the Civil Code within fourteen (14) days from receipt of the goods. The withdrawal from the Purchase Agreement must be demonstrably delivered to the Seller within fourteen (14) days from receipt of the goods, either to the Seller’s warehouse address or by email at obchod@puravita.cz.

5.2

In the event of withdrawal from the Purchase Agreement, the Purchase Agreement is cancelled from the outset. The goods must be sent or handed back to the Seller without undue delay, no later than fourteen (14) days from the withdrawal. The goods must be returned to the Seller undamaged and in their original packaging.

5.3

The Buyer acknowledges that if the goods returned by the Buyer are damaged or partially used, the Seller is entitled to claim compensation for the damage caused. The Seller is entitled to unilaterally offset the claim for compensation against the Buyer’s claim for a refund of the purchase price. The provisions of Section 1833 of the Civil Code remain unaffected.

5.4.

If the Buyer withdraws from the Purchase Agreement, they are obliged, at their own cost and risk, to return to the Seller all goods received from the Seller without undue delay, no later than fourteen (14) days from the date of withdrawal from the Purchase Agreement. The Buyer bears the direct costs associated with the return of the goods.

6. Transport and Delivery of Goods

6.1

The Buyer selects the method of transport and delivery of the goods in the Order. The conditions of transport and delivery are specified on the Website.

6.2

The Seller is obliged to deliver the goods either personally or through a carrier to the place of delivery, and the Buyer is obliged to take delivery of the goods at the place of delivery.

6.3

If the Buyer does not take delivery of the goods at the time of delivery or within a reasonable additional period set by the Seller, the Purchase Agreement shall be cancelled from the outset, and the Seller is entitled to charge the Buyer a storage and order management fee of up to 200 CZK (in words: two hundred Czech crowns). This provision does not prevent the parties from concluding a new Purchase Agreement for the same subject matter, e.g., by exchanging electronic correspondence.

6.4

Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and immediately notify the carrier of any defects. If signs of unauthorized access to the shipment are found, the Buyer is not obliged to accept the shipment from the carrier. By accepting the shipment, the Buyer confirms that the goods fulfilled all conditions and requirements, and any subsequent claim regarding damage to the packaging shall not be considered.

7. Rights in Case of Defective Performance

7.1

The rights and obligations of the contractual parties regarding the Seller’s liability for defects, including the Seller’s warranty liability, are governed by the relevant generally binding legal regulations (in particular Sections 2099 et seq. of the Civil Code).

7.2

The Seller is liable to the Buyer to ensure that the goods sold comply with the Purchase Agreement, in particular that they are free from defects. Compliance with the Purchase Agreement means that the goods correspond to the agreed quantity, quality, and specifications.

7.3

If the goods are found to be defective upon receipt by the Buyer, the Buyer is entitled to the rights arising from defective performance in accordance with Section 2099 of the Civil Code.

8. Complaints /Claims

8.1.

The Buyer is obliged to submit a complaint to the Seller or to a person designated for handling repairs without undue delay after discovering a defect.

A complaint is considered submitted at the moment an email is sent to reklamace@puravita.cz and a confirmation of receipt is returned. The subject of the email must include the word “Complaint” and the number of the shipment being claimed. The body of the email must describe the problem and may include a photograph if applicable.

8.2.

Complaints are primarily resolved by the Seller through replacement of the goods with new items or in another manner agreed upon by the parties.

8.3.

The period for handling a complaint starts from the confirmation of receipt of the complaint email or from delivery of the goods to the designated place by the Seller. The goods should be packaged appropriately during transport to prevent any damage.

8.4.

The Seller is obliged to decide on the complaint without undue delay, no later than three (3) working days, or inform the Buyer if a professional assessment is required for the decision. The Seller shall notify the Buyer of the need for such an assessment within this period. The complaint, including defect rectification, shall be resolved by the Seller without undue delay, no later than fourteen (14) days from its submission, unless a longer period is agreed upon in writing with the Buyer. After this period, the Buyer is entitled to the same rights as if there had been a fundamental breach of the contract.

8.5.

The warranty period is extended by the time from the submission of the complaint until its resolution, or until the Buyer was obliged to collect the item. In case of replacement of the goods or part thereof, the Seller’s liability applies as if it were the purchase of new goods or part thereof.

8.6.

For a justified complaint, the Buyer is entitled to reimbursement of reasonably incurred costs.

9. Additional Rights and Obligations of the Parties

9.1

The Buyer acquires ownership of the goods upon payment of the full purchase price.

9.2

The Buyer acknowledges that the software and other components forming the online shop interface (including photographs of the offered goods) are protected by copyright. The Buyer undertakes not to perform any actions that could enable themselves or third parties to unlawfully interfere with or use the software or other components forming the online shop interface.

9.3

The Buyer is not entitled to use mechanisms, software, or other procedures when using the online shop interface that could negatively affect its operation. The online shop interface may only be used to the extent that does not infringe the rights of other customers of the Seller and is in accordance with its intended purpose.

9.4

The Buyer acknowledges that the Seller is not liable for errors resulting from third-party interference with the website or from the use of the website contrary to its intended purpose.

9.5

If the goods are not collected by the Buyer from the Seller within one month of the creation of the order and payment, the order shall be canceled and the funds refunded to the Buyer’s account.

10. Privacy and Marketing Communications

10.1

The Buyer agrees to the processing of the following personal data: first and last name, residential address, identification number, tax identification number, email address, phone number, user information regarding behavior on the online shop interface, settings of used programs, internet behavior, and so-called cookies (hereinafter collectively referred to as “personal data”) for marketing and commercial purposes of the Seller and third parties.

10.2

The Buyer agrees to the processing of personal data by the Seller for the purposes of fulfilling the rights and obligations arising from the purchase agreement and for the purpose of sending information and commercial communications to the Buyer. The Seller may assign the processing of the Buyer’s personal data to a third party acting as a data processor. Except for persons delivering the goods, the personal data will not be disclosed to third parties by the Seller without the prior consent of the Buyer.

10.3

The Buyer acknowledges that they are obliged to provide accurate and truthful personal data (during registration on the website, in their user account, or when placing an order via the online shop interface) and to inform the Seller without undue delay of any changes to their personal data.

10.4

Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.

10.5

The Buyer confirms that the personal data provided is accurate and that they have been informed that providing personal data is voluntary. The Buyer acknowledges that their consent to the processing of personal data may be withdrawn in relation to the Seller by written notice delivered to the Seller’s address.

10.6

Upon the Buyer’s request, the Seller is obliged to provide information regarding the processing of their personal data. The Seller is entitled to request reasonable compensation for providing the information, not exceeding the necessary costs of providing it.

10.7

The Buyer agrees to receive information related to the goods, services, or business of the Seller to the Buyer’s email address and also agrees to receive commercial communications from the Seller to their email address. By creating a user account (registration), the Buyer agrees to receive commercial offers and reminders to complete a purchase not completed by the Buyer, i.e., offers to conclude a purchase agreement for goods placed by the Buyer in the online shopping cart of the online shop interface but subsequently not ordered.

10.8

The supervisory authority responsible for personal data protection is the Office for Personal Data Protection, based in Prague, to which the Buyer may turn in the event of a breach of their personal data by the Seller.

10.9

Detailed conditions for the processing and handling of personal data are set out in the document Privacy Policy, effective from 25 May 2018 and published on the Seller’s website.

11. Final Provisions

11.1

For out-of-court resolution of consumer disputes arising from purchase agreements concluded under these Terms and Conditions, the competent authority is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, Prague 2, 120 00, Company ID: 000 20 859, website: www.coi.cz. Initiating out-of-court dispute resolution does not affect the Buyer’s right to turn to supervisory and state authorities.

11.2

Unless otherwise agreed, all correspondence related to the purchase agreement must be delivered to the other contracting party in writing, either by email, in person, or by registered mail via a postal service provider (at the sender’s choice). Withdrawal from the agreement must be delivered to the Seller in paper form. Correspondence to the Buyer is delivered to the email address provided in their user account.

11.3

If a relationship related to the use of the website or a legal relationship arising from the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer rights arising from generally binding legal regulations.

11.4

If any provision of these Terms and Conditions is invalid or ineffective, or becomes so, it shall be replaced by a provision whose meaning most closely approximates the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Amendments and supplements to the purchase agreement or the Terms and Conditions require written form.

11.5

These Terms and Conditions shall come into effect on 1 November 2023.

“Shop Conveniently – Live Healthily”