Terms and Conditions

for the sale of goods through the online store located at the web address Terve.cz, operated by an individual:

Michal Učeň - Terve.cz
Registered office: Zikova 2113/22, 628 00 Brno,
Identification number 76645509,
registered in the Trade Register of the Magistrate of the City of Brno.

1. Introduction

1.1 These terms and conditions (hereinafter referred to as "terms and conditions") of the individual Michal Učeň - Terve.cz, with its registered office at Zikova 2113/22, 628 00 Brno, identification number 76645509, registered in the Trade Register of the Magistrate of the City of Brno (hereinafter referred to as the "seller") regulate, in accordance with the provisions of Section 1751(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 based on a purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on a website located at the internet address www.terve.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store interface").

1.2 These terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person who is ordering goods within the scope of their business activities or within the scope of their independent profession.

1.3 Deviations from these terms and conditions may be agreed in the purchase agreement. Any deviating provisions in the purchase agreement take precedence over these terms and conditions.

1.4 These terms and conditions are an integral part of the purchase agreement. The purchase agreement and the terms and conditions are written in the Czech language. The purchase agreement can be concluded in the Czech language.

1.5 The wording of the terms and conditions may be amended or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of effect of the previous version of the terms and conditions.

2. User Account

2.1 Based on the buyer's registration on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as "user account"). If the store interface allows, the buyer may also order goods without registration directly through the store interface.

2.2 When registering on the website and when ordering goods, the buyer is required to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in case of any changes. The information provided by the buyer in the user account and when ordering goods is considered correct 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 their user account.

2.4 The buyer is not authorized to allow the use of the user account by third parties.

2.5 The seller may cancel the user account, especially if the buyer has not used their user account for more than 12 months or if the buyer violates their obligations under the purchase agreement (including these terms and conditions).

2.6 The buyer acknowledges that the user account may not be available continuously, especially due to the necessary maintenance of the hardware and software of the seller or the necessary maintenance of third-party hardware and software.

3. Conclusion of the Purchase Agreement

3.1 The presentation of goods placed in the store interface is of an informative nature, and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of Section 1732(2) of the Civil Code do not apply.

3.2 The store interface contains information about the goods, including the prices of individual goods and the costs of returning the goods, if the goods cannot be returned by regular postal service due to their nature. The prices of goods are listed including value-added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the store interface. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed terms.

3.3 The store interface also contains information about the costs associated with packaging and delivering the goods. The information about the costs associated with packaging and delivering the goods provided in the store interface applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4 To order goods, the buyer fills out an order form in the store interface. The order form contains, in particular, information about:

- the ordered goods (the buyer "adds" the ordered goods to the electronic shopping cart of the store interface),

- the method of payment for the purchase price of the goods, information on the required method of delivery of the ordered goods, and

- information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

3.5 Before submitting the order to the seller, the buyer is allowed to check and change the information entered in the order, even with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Submit Order" button. The information provided in the order is considered correct by the seller. Immediately after receiving the order, the seller confirms receipt of the order to the buyer via email, to the buyer's email address specified in the user account or in the order (hereinafter referred to as the "buyer's email address").

3.6 The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, expected delivery costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).

3.7 The contractual relationship between the seller and the buyer arises upon the delivery of the order acceptance (confirmation), which is sent by the seller to the buyer by email, to the buyer's email address.

3.8 The buyer agrees to the use of remote communication means when concluding the purchase agreement. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase agreement (internet connection costs, telephone call costs) are borne by the buyer, and these costs do not differ from the standard rate.

4. Price of Goods and Payment Terms

4.1 The price of the goods and any costs associated with the delivery of the goods under the purchase agreement can be paid by the buyer to the seller in the following ways:

- in cash on delivery at the place specified by the buyer in the order (does not apply to goods delivered directly to the customer by the manufacturer);

- cashless transfer to the seller's account No. 2100396195 / 2010 (for payments in CZK) or account CZ8120100000002400639312 (for payments in EUR), maintained by Fio Banka a.s. (hereinafter referred to as the "seller's account");

- cashless payment by card via the GoPay payment gateway.

4.2 Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivering the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3 The seller does not require any deposit or similar payment from the buyer. This does not affect the provisions of Section 4.6 of the terms and conditions regarding the obligation to pay the purchase price in advance.

4.4 In the case of payment in cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment by transfer, the purchase price is payable within 7 days of the conclusion of the purchase agreement. In the case of cashless payment by card online, the purchase price is payable upon order.

4.5 In the case of cashless payment by transfer, the buyer is obliged to pay the purchase price of the goods together with the specified variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

4.6 The seller is entitled, especially if the buyer does not confirm the order additionally (Section 3.6) or if the seller orders the goods based on the buyer's order from the supplier on order, to request payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119(1) of the Civil Code do not apply.

4.7 Any discounts on the price of goods provided by the seller to the buyer cannot be combined.

4.8 If it is customary in commercial transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice regarding the payments made based on the purchase agreement to the buyer. The seller is a VAT payer. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's email address.

5. Withdrawal from the Purchase Agreement

5.1 The buyer acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase agreement for the supply of goods that have been modified according to the buyer's wishes or for their person, from a purchase agreement for the supply of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase agreement for the supply of goods in sealed packaging, which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from a purchase agreement for the supply of audio or video recordings or computer programs, if the buyer has broken the original packaging. Goods modified according to the buyer's wishes or for their person include, among others, goods that the seller orders from the manufacturer or supplier based on the buyer's order or that the manufacturer produces only after the buyer's order. Such goods are marked as "on order."

5.2 If it is not a case referred to in Section 5.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase agreement, the buyer (consumer) has the right to withdraw from the purchase agreement in accordance with Section 1829(1) of the Civil Code within fourteen (14) days of receipt of the goods, provided that if the subject of the purchase agreement is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence. The buyer may use the sample withdrawal form provided by the seller on the website of the online store www.terve.cz. Withdrawal from the purchase agreement may be sent by the buyer to, among other things, the seller's contact address or the seller's email address info@terve.cz.

5.3 In the event of withdrawal from the purchase agreement under Section 5.2 of the terms and conditions, the purchase agreement is canceled from the outset. The goods must be returned to the seller within fourteen (14) days of withdrawal from the purchase agreement. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular postal service due to their nature.

5.4 In the event of withdrawal from the agreement under Section 5.2 of the terms and conditions, the seller will return the money received from the buyer within fourteen (14) days of withdrawal from the purchase agreement 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 already upon the return of the goods by the buyer or in another way, provided that the buyer agrees and does not incur any additional costs. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the money received to the buyer before the buyer returns the goods or proves that the goods were sent to the seller.

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

5.6 In cases where the buyer has the right to withdraw from the purchase agreement under Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time until the buyer takes delivery of the goods. In such a case, the seller will return the purchase price to the buyer without undue delay, by cashless transfer to the account specified by the buyer.

5.7 If a gift is provided to the buyer along with the goods, a gift agreement is concluded between the seller and the buyer with a resolutory condition that if the buyer withdraws from the purchase agreement, the gift agreement loses its effectiveness, and the buyer is obliged to return the gift to the seller together with the goods.

6. Transport and Delivery of Goods

6.1 If the method of transport is agreed upon based on the buyer's special request, the buyer bears the risk and any additional costs associated with this method of transport.

6.2 If the seller is obliged under the purchase agreement to deliver the goods to a location specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.

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

6.4 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If the buyer discovers damage to the packaging that indicates unauthorized entry into the shipment, they may refuse to accept the shipment from the carrier.

6.5 Other rights and obligations of the parties in the transportation of goods may be regulated by the seller's special delivery terms, if issued. The seller reserves the right in exceptional cases not to deliver selected goods to the buyer, especially in cases where the online store mistakenly provided clearly incorrect or non-standard information, particularly about the selected goods, their price, or the delivery time, or if the goods are sold out and permanently unavailable from the supplier. In such cases, the seller undertakes to return to the buyer the amount paid based on the purchase agreement.

6.6 The delivery time for the selected method of transport is only indicative and is not guaranteed by the seller.

7. Rights from Defective Performance

7.1 The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular, the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2 The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer takes delivery of the goods:

- the goods have the characteristics agreed upon by the parties, and if no agreement has been made, the goods have the characteristics described by the seller or manufacturer or that the buyer expected based on the nature of the goods and the advertising they conducted,

- the goods are fit for the purpose that the seller states for their use or for which goods of this type are usually used,

- the goods correspond in quality or design to the agreed-upon sample or template, if the quality or design was determined according to an agreed-upon sample or template,

- the goods are in the appropriate quantity, measure, or weight, and

- the goods comply with the requirements of legal regulations.

7.3 The provisions of Section 7.2 of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or if it arises from the nature of the goods.

7.4 If a defect becomes apparent within six months of receipt, the goods are presumed to have been defective at the time of receipt. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.

7.5 The buyer asserts rights from defective performance with the seller at the address of the Mail Step warehouse, a.s (Terve e-shop), Do Čertous 2760/10, 193 00 Prague 9, Czech Republic. The buyer is responsible for return delivery and its costs.

7.6 Other rights and obligations of the parties related to the seller's liability for defects may be governed by the seller's complaint procedure.

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 The seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3 The seller handles consumer complaints through the electronic address info@terve.cz. The seller will send information about the settlement of the buyer's complaint to the buyer's email address.

8.4 For out-of-court resolution of consumer disputes arising from the purchase agreement, the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, identification number: 000 20 869, internet address: http://www.coi.cz, is competent. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase agreement.

8.5 The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (the Regulation on consumer online dispute resolution).

8.6 The seller is authorized to sell goods based on a trade license. Trade inspection is carried out by the relevant trade licensing authority within its scope. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, within the defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7 The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

9. Personal Data Protection

9.1 The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on Personal Data Protection, as amended.

9.2 The buyer agrees to the processing of the following personal data: name and surname, residential address, billing address, delivery address, identification number, tax identification number, email address, telephone number, and other data provided in their customer account (hereinafter collectively referred to as "personal data").

9.3 The buyer agrees to the processing of personal data by the seller for the purpose of fulfilling the rights and obligations under the purchase agreement and for the purpose of maintaining a user account. If the buyer does not choose another option, they also agree to the processing of personal data by the seller for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this article is not a condition that, in itself, would prevent the conclusion of a purchase agreement.

9.4 The buyer acknowledges that they are obliged to provide their personal data (during registration, in their user account, when ordering from the store interface) correctly and truthfully and that they are obliged to inform the seller of any changes in their personal data without undue delay.

9.5 The seller may entrust the processing of the buyer's personal data to a third party as a processor. Except for persons transporting goods, personal data will not be transferred to third parties without the prior consent of the buyer. Personal data will be processed for an indefinite period.

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

9.7 The buyer confirms that the personal data provided is accurate and that they have been informed that the provision of personal data is voluntary.

9.8 If the buyer believes that the seller or processor (Section 9.5) is processing their personal data in a manner that is contrary to the protection of the buyer's private and personal life or in violation of the law, especially if the personal data is inaccurate with respect to the purpose of its processing, the buyer may:

- request an explanation from the seller or processor,

- request that the seller or processor rectify the situation. This may involve blocking, correcting, supplementing, or destroying personal data.

9.9 If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to charge a reasonable fee not exceeding the costs necessary to provide the information for providing information under the previous sentence.

10. Sending Commercial Communications and Storing Cookies

10.1 The buyer agrees to the sending of information related to the seller's goods, services, or business to the buyer's email address and also agrees to the sending of commercial communications by the seller to the buyer's email address.

10.2 The buyer agrees to the storage of cookies on their computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing cookies on the buyer's computer, the buyer may revoke their consent under the previous sentence at any time.

11. Delivery

11.1 Any correspondence may be delivered to the buyer's email address.

12. Final Provisions

12.1 If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

12.2 If any provision of the terms and conditions is invalid or ineffective, or becomes such, 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.

12.3 The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.4 An annex to the terms and conditions is a sample form for withdrawing from the purchase agreement.

12.5 Contact details of the seller:

- Address for correspondence: Michal Učeň - Terve.cz, Zikova 22, 62800, Brno, Czech Republic

- Email address: info@terve.cz

- Phone: +420 775 232 072

In Brno, 5 January 2023