General terms and conditions
The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Contract, are governed by these Terms and Conditions (hereinafter referred to as “Terms and Conditions”):
1.1 „E-shop“ is a computer program – an Internet application available on the Internet via the Internet address www.startes.cz, the functionality of which is the display, selection and ordering of goods by the User;
1.2 „Purchase Contract“ means a purchase contract within the meaning of Art. § 2079 et seq. Civil Code concluded between the Operator as a seller and the User as a buyer via the E-shop;
1.3 „Shopping Cart“ means the part of the E-shop that is automatically generated by the activation of the relevant functions by the User as part of his actions in the user environment of the E-shop, in particular by adding or removing Goods and/or changing the quantity of the selected Goods;
1.4 „Civil Code“ means Act No. 89/2012 Coll., the Civil Code, as amended;
1.5 „Supplier“ means Mrs. Gabriela Repková, MS; ID No.: 03486150; with registered office in Prague – Nové Město, Školská 689/20, postal code: 110 00; registered in the Commercial Register at the Municipal District Office in Prague 1; not a VAT payer;
1.6 „Access Data“ means the unique login name and the password assigned to it, which the User enters into the E-shop database during the registration process;
1.7 „Registration“ means the electronic registration of the User into the E-shop database by filling in at least the mandatory registration data in the user interface of the E-shop and the Access Data and their subsequent storage in the E-shop database;
1.8 „Consumer“ means a User – a person who concludes a contract with the Operator or otherwise deals with the Operator outside the scope of his/her/their business activity or independent exercise of his profession;
1.9 „User“ means any legal or natural person who uses the E-shop;
1.10 „User Account“ means the part of the E-shop that is set up for each User by Registration (i.e. it is unique for each User) and made available after entering the Access Data;
1.11 „Goods“ means an item offered by the Operator for sale to the User via the E-shop.
2. Pre-contractual information for Consumers
2.1 The Operator concludes contracts, the subject of which is the delivery of ordered food supplements ordered from www.startes.cz.
2.2 With regard to the price of the goods and the costs of delivery and other charges:
2.2.1 The prices of the goods offered on the website are inclusive of all taxes required by law, but the cost of delivery of the goods or services will vary depending on the method and provider of delivery and the method of payment chosen.
2.2.2 In the event of withdrawal from the contract, the consumer shall bear the costs of returning the Goods and, in the case of a contract concluded by means of distance communication, the costs of returning the Goods if the nature of the Goods is such that they cannot be returned by normal postal means.
2.3 According to § 1829 par. 1 of the Civil Code, you have the right to withdraw from the Contract within fourteen (14) days of receipt of the Goods. In the event that the subject of the Purchase Contract is more than one type of Goods or the delivery of more than one part, this period shall commence on the date of receipt of the last delivery of Goods. Withdrawal from the Purchase Contract must be sent to the Operator (as the Seller) within the period specified in this paragraph.
2.3.1 Send the withdrawal from the contract at your own expense to the Operator at the address Gabriela Repková, MS, Evropská 675/154, Praha 6, 160 00.
2.3.2 Withdrawal from the Purchase Contract must be sent to the Operator (as the Seller) within the period specified in this paragraph. The period shall also be deemed to have been complied with if the goods are sent to the company on the last day of the aforementioned period at the latest.
2.3.3 The consumer may not withdraw from a contract that the operator has fulfilled with the consumer’s prior express consent before the end of the withdrawal period;
2.3.4 The Consumer is obliged to pay a proportionate part of the price in the event of withdrawal from a contract for the provision of services, the performance of which has already begun.
2.3.5 If the Consumer withdraws from the purchase contract, he/she/their is/are obliged to provide his/her/their bank account number in writing in order to receive a refund of the purchase price of the goods, which may be reduced for legal reasons.
2.3.6 If the Consumer withdraws from the Purchase Contract in relation to the Goods that are returned to the Operator damaged and/or used, in particular if the original markings on the Goods (i.e. labels, stickers, etc.) have been removed, the Consumer is obliged to reimburse the Operator for the costs of restoring the Goods to their original condition.
2.4 The Consumer shall be liable to the Operator for any reduction in the value of the Goods as a result of handling the Goods in a manner other than that necessary to become familiar with the nature and characteristics of the Goods, including their functionality.
2.5 The Operator uses the possibility of out-of-court settlement of consumer complaints. In case of a complaint, Consumers may contact the relevant employee of the Operator free of charge via the e-mail address email@example.com. Complaints may be submitted to the supervisory authority or the state supervisory authority. The Czech Trade Inspection shall deal with out-of-court consumer complaints in the manner and under the conditions established by the relevant legislation.
3. Process of concluding the Contract
3.1 The Operator offers the User to conclude a purchase contract via the E-shop. The Operator’s offer to conclude a purchase contract is the display of a button marked “Send order” in the user interface of the E-shop.
3.2 Unconditional acceptance of the Operator’s offer to conclude a purchase contract pursuant to para. 3.1 of these Terms and Conditions shall be deemed to be unconditional acceptance by the User by clicking on the button marked “I accept the Terms and Conditions”.
3.3 By accepting the offer unconditionally in accordance with para. 3.2 of these Terms and Conditions, the Purchase Contract is concluded.
3.4 The contract is concluded at the moment when the electronic information is sent by clicking on the button in the sense of para. 3.2 The User accesses the server on which the e-shop is installed via the Internet.
3.5 The User undertakes to fill in the relevant text fields in the user interface of the E-shop with true and complete data, in particular his/her/their e-mail address, identification data and delivery address, if applicable. The User acknowledges that the Operator will reasonably consider the data entered by him/her to be correct and complete and is not entitled to check the data entered.
3.6 The Operator will send the User an e-mail message about the conclusion of the Purchase Contract to the e-mail address entered by the User in the appropriate field in the user environment of the E-shop.
3.7 All Goods presented within the user environment of the E-shop are for information purposes only and the Operator is not obliged to enter into a Contract in respect of such Goods. Section 1732 para. 2 of the Civil Code does not apply.
4. Purchase contract
4.1 Upon conclusion of the Purchase Contract, the following provisions shall come into force:
4.1.1 The User purchases from the Operator the Goods that the User has selected in the user environment of the E-shop by inserting them into the Shopping Cart, in the quantity that the User has selected and/or set for the Goods in the user environment of the E-shop, and the User undertakes to pay the Operator the price for the Goods that is indicated for such Goods in the user environment of the E-shop.
4.1.2 The Operator has the right to withdraw from the Purchase Contract for any reason or without any reason until the Goods are shipped to the User. The legal action of the Operator consisting in notifying the User that he/she/their cannot deliver the Goods ordered by him/her/their is/are also considered as a withdrawal from the Purchase Contract.
4.1.3 The Operator shall be entitled to ask the User for additional order confirmation at any time and shall be entitled to delay the dispatch of the Goods to the User until it has received confirmation of the order from the User.
4.1.4 The manner of packaging of the Goods is determined solely by the Operator; the provisions of § 2097 of the Civil Code are hereby excluded.
4.1.5 The User is obliged to pay the Operator the costs associated with the packaging and delivery of the goods to the User, in the amount specified for the order in the Portal user environment.
4.1.6 The User has the right to choose the method of payment of the purchase price for the Goods and, if applicable, other monetary payments to the Operator from the options displayed to the User in the user environment of the E-shop.
4.1.7 If any of the payment methods contains information about the cost of making such payment, the User is obliged to bear the cost of making such payment, which is indicated for that payment in the user environment of the E-shop.
4.1.8 In case of non-cash payment by bank transfer, the User is obliged to indicate the variable symbol specified by the Operator.
4.1.9 In the case of non-cash payment, the User’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Operator’s bank account.
4.1.10 The Operator has the right to provide the User with a discount on the price of the Goods. Discounts on the price of the Goods combine with each other, unless expressly stated otherwise.
4.1.11 The purchase price for the Goods does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are solely the User’s costs.
4.1.12 The Operator reserves the ownership right to the Goods, which are the subject of the Purchase Contract, until full payment of the purchase price for the Goods by the User.
4.1.13 The Operator undertakes to deliver the Goods to the User within a reasonable time from the conclusion of the Purchase Contract. All deadlines for delivery of the Goods indicated in the user interface of the E-shop are indicative only.
4.1.14 The Operator shall always send the User a tax document – invoice in electronic form to the User’s email address entered during the order to the User’s E-shop environment.
4.1.15 If the Operator provides the User with a gift together with the Goods, the gift contract between the User and the Operator is concluded with the condition that if the Purchase Contract is terminated (e.g. due to withdrawal from the Purchase Contract), the given gift contract terminates without further delay from the beginning together with the Purchase Contract and the User is obliged to return the provided gift together with the Goods to the Operator.
4.1.16 The Operator provides the User with a warranty for the Goods if the warranty period is specified for the Goods in the user environment of the E-shop, for the duration of the specified warranty period, while the warranty so specified applies only to the Consumer.
4.1.17 The User is entitled to exercise the right to withdraw from the contract and the rights from defective performance with the Operator via the electronic address firstname.lastname@example.org. The moment of filing a claim is considered to be the moment when the Operator received the claimed Goods from the User.
4.1.18 Risk of loss, damage and/or destruction of the Goods subject to the Purchase Contract. passes to the User, who is a Consumer, at the moment of receipt of the goods by the User.
4.1.19 The risk of loss, damage and/or destruction of the Goods which are the subject of the Contract shall pass to the User, who is not a Consumer, at the moment of acceptance of the Goods by the User.
5. User account
5.1 The User has the right to create a User Account by Registering.
5.2 The User is obliged to enter the Access Data before entering the User Account.
5.3 The User’s identification data entered during Registration shall be deemed to be the data entered during the order of each Goods made by the User after logging into his User Account.
5.4 The User shall not provide third parties with Access Credentials or any other access to the User Account. The user is obliged to take all reasonable measures to keep them confidential. The User is fully liable for any unauthorized use of these access data or User account and for any damage caused to the Operator or third parties. In case of loss, theft or other violation of the right to use these passwords, the User is obliged to notify the Operator immediately. The Operator shall provide the User with new access data within a reasonable period of time.
5.5 In the case of User Registration, the conditions of Art. § 1752 para. 1 of the Civil Code and the Operator is entitled to unilaterally change these Terms and Conditions; the change shall be notified to the User via the E-shop and/or by e-mail to the User’s e-mail address entered into the E-shop database. The User has the right to reject the changes to the Terms and Conditions within 14 days from the first login to the User’s account after the notification of the change to the Terms and Conditions (if delivered via the E-shop) or from the delivery of the e-mail message to the User’s e-mail box (if delivered by e-mail) and to terminate the obligation for this reason within the 14-day notice period.
6. Complaints Procedure
6.1 The Operator shall be liable to the Consumer that the Goods are free from defects upon receipt.
6.2 If the Goods contain defects, the Consumer has the right to demand delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect; if this is not possible, the Consumer has the right to withdraw from the Purchase Contract.
6.3 Complaints about the Goods, including the removal of defects in the Goods, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Operator and the Consumer agree on a longer period. After the expiry of this period, the Consumer has the same rights as if it were a material breach of the Contract.
7.1 The Operator is legally obliged to protect and secure the personal data provided. The Operator therefore uses various effective security technologies to protect personal data from unauthorised disclosure or use.
8. Use of the E-shop
8.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Terms and Conditions.
8.2 The Operator has the right to change the E-shop, i.e. its technical design and/or user interface.
8.3 The Operator has the right to restrict or interrupt the functionality of the E-shop or access to it for the time necessary for maintenance or repair of the E-shop or any other reason on the part of the Operator or a third party.
8.4 The User is obliged to comply with the valid and effective legislation of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate the Operator or third parties in full for any damages incurred in this way.
8.5 In the event of a breach of these Terms and Conditions or the Purchase Contract or applicable and effective legislation, the Operator has the right to cancel the User Account.
9. Customer Verified Program
9.1 We determine your satisfaction with your purchase by means of e-mail questionnaires as part of the Verified by Customers programme in which our e-shop is involved. We will send these to you every time you make a purchase with us if, within the meaning of § 7 para. 3 of Act No. 480/2004 Coll. on certain information society services, you cannot refuse to send them.
9.2 The processing of personal data for the purpose of sending questionnaires under the Verified by Customers programme is based on our legitimate interest in determining your satisfaction with your purchase with us.
9.3 For sending questionnaires, evaluating your feedback and analysing our market position, we use a processor, which is the operator of the Heureka.cz portal, to whom we may transfer information about the goods you have purchased and your e-mail address for these purposes.
9.4 Your personal data is not passed on to any third party for their own purposes when sending email questionnaires. You can object to the sending of email questionnaires under the Customer Verified programme at any time by rejecting further questionnaires using the link in the email containing the questionnaire. If you object, we will not send you the questionnaire.
10. Declaration of the Operator
10.1 The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against changes.
10.2 As a result of a technical error in the E-shop, the purchase price of the Goods may be displayed, the amount of which does not roughly correspond to the usual price for such Goods on the market; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price, contacts the User and informs him of the actual purchase price of the Goods and the User has the right to decide whether to accept the Goods at the actual purchase price, and if this does not happen, the Purchase Contract is cancelled from the beginning.
10.3 The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may give a distorting impression as a result of their conversion to display in the User’s technical means, therefore the User is always obliged to get acquainted with the full description of the Goods in question and contact the Operator in case of any doubts.
10.4 The Operator’s contact details for communication with the User are listed in the user interface of the E-shop in the “Contact” section.
11. Governing law
11.1 These Terms and Conditions, as well as the Purchase Contract, are governed by the law of the Czech Republic, in particular the Civil Code.
12.1 These Terms and Conditions come into force on 01.06.2020.
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