Obchodní podmínky společnosti NEOTIS s.r.o.

Company terms and conditions

NEOTIS s.r.o.

 

with registered office at Školská 689/20, Prague 1 – Nové Město 11000

identification number: 14013665

registered in the commercial register maintained by the Municipal Court in Prague, file number C 358888/MSPH Municipal Court in Prague for the sale of goods through the online store located at the internet address www.neotisoliveoil.com

 

  1. INTRODUCTORY PROVISIONS

 

  1. These general terms and conditions of the legal entity – NEOTIS s.r.o., Školská 689/20, Prague 1 – Nové Město 11000, IČO: 14013665, registered in the commercial register maintained by the Municipal Court in Prague, section C, file number C 358888/MSPH Municipal Court in Prague (hereinafter referred to as the “seller”) regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contracts (hereinafter referred to as the “purchase agreement”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) via the seller’s online store. The online store is operated by the seller on a website located at the internet address www.neotisoliveoil.com (hereinafter referred to as the “website”), through the website interface (hereinafter referred to as the “store web interface”).
  2. The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods as part of his business activity or as part of his independent performance of a profession.
  3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
  4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
  5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.

 

  1. User account – if available

 

  1. Based on the buyer’s registration made on the website, if the website allows it, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as “user account”). If the web interface of the store does not allow this, the buyer can also order goods without registration directly from the web interface of the store.
  2. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
  3. Access to the user account, if available, is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
  4. The buyer is not authorized to allow the use of the user account by third parties.
  5. The seller can cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates his obligations under the purchase contract (including business conditions).
  6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller’s hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

 

  1. Conclusion of the purchase contract

 

  1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.
  2. The web interface of the store contains information about the goods, including the prices of individual goods and the costs for returning the goods, if these goods, by their nature, cannot be returned by the usual postal route. 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 web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed conditions.
  3. The web interface of the store also contains information about the costs associated with packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
  4. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:

–  the ordered goods (the ordered goods are “put” by the buyer into the electronic shopping basket of the store’s web interface),

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

–  information about the costs associated with the delivered (hereinafter collectively referred to as the “order”).

  1. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to find out and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the “Send order” button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “buyer’s e-mail address”).
  2. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
  3. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
  4. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.

 

  1. Price of goods and terms of payment

 

  1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:

o in cash at the seller’s premises/warehouse at MESSENGER Depo, Mladoboleslavská 1120, 197 00 Prague 19;

o in cash on delivery at the place specified by the buyer in the order; if available

o by non-cash transfer to the seller’s account No. 1456175006/2700, maintained at UniCredit Bank (hereinafter referred to as the “seller’s account”);

by cashless payment card at the seller’s premises/warehouse at MESSENGER Depo, Mladoboleslavská 1120, 197 00 Prague 19.

  1. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
  2. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
  3. In the case of payment in cash or in the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within fourteen (14) days from the conclusion of the purchase contract.
  4. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
  5. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.8), to demand payment of the entire purchase price before the goods are sent to the buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.
  6. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
  7. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller issues a tax document – an invoice – to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer’s e-mail address.
  8. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.

 

  1. Withdrawal from the purchase contract

 

  1. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the supply of goods that has been modified according to the wishes of the buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as including goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in closed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from a purchase contract for the supply of an audio or video recording or a computer program, if broke their original packaging.
  2. If it is not a case mentioned in Article 5.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the seller’s business address or the seller’s e-mail address [email protected].
  3. In case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
  4. In the case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of the withdrawal from the purchase contract by the buyer, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
  5. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer’s claim for a refund of the purchase price.
  6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled
  7. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.
  8. Rights from defective performance are exercised by the buyer at the seller’s address of his establishment/warehouse, where acceptance of the complaint is possible with regard to the range of goods sold, possibly also at the registered office or place of business, based on a preliminary agreement on acceptance.
  9. In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of acceptance of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.
  10. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the discontinuing condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged together with the goods to the seller return the given gift as well.
  11. Transport and delivery of goods
  12. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
  13. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
  14. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
  15. When taking over 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, notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
  16. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller’s special delivery conditions, if they are issued by the seller.

 

  1. Rights from defective performance

 

  1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
  2. The seller guarantees to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
  3. the goods have the properties that the parties have agreed upon, and if there is no agreement, they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of their advertising,
  4. the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
  5. the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
  6. the goods are in the appropriate quantity, measure or weight and
  7. the goods comply with the requirements of legal regulations.
  8. The provisions set out in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had upon acceptance by the buyer, or if this results from the nature of the goods.
  9. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.
  10. Rights from defective performance are exercised by the buyer at the seller’s address of his establishment/warehouse, where acceptance of the complaint is possible with regard to the range of goods sold, possibly also at the registered office or place of business, based on a preliminary agreement on acceptance.
  11. Other rights and obligations of the parties related to the seller’s responsibility for defects may be modified by the seller’s complaint procedure.

 

  1. Claims procedure

 

  1. The Entrepreneur accepts the goods at the moment of their handover to the Entrepreneur or the first carrier for transport. The goods are accepted by the Consumer at the moment of their acceptance from the Seller or from the carrier. The warranty period begins on the day the goods are received by the Buyer.
  2. As proof of the warranty, the Seller issues a purchase receipt for the purchased goods with all the necessary data and legal requirements for applying the warranty (in particular, the name of the product, the length of the warranty, the price, the quantity) (hereinafter referred to as the “Warranty Certificate”).
  3. When selling consumer goods, the warranty period is 24 months; in the case of the sale of food products, the use-by date or minimum durability date, the so-called expiration date, is marked on its packaging in accordance with special legal regulations (Act No. 110/1997 Coll., on food and tobacco products); the warranty period ends no later than the expiration of this period.
  4. The entrepreneur is obliged to check the status of the Shipment (number of packages, intactness of the box…) with the carrier immediately upon delivery according to the attached waybill. This procedure is recommended for all Buyers. The Buyer is entitled to refuse acceptance of a Consignment that is not in accordance with the Contract, with the fact that the Consignment is, for example, incomplete or damaged (hereinafter referred to as the “Damaged Consignment”). Do not accept the damaged Consignment from the carrier and write a report with him!! If the Buyer takes over the Damaged Consignment from the carrier, it is necessary to describe the damage in the carrier’s handover report.
  5. The damaged Consignment must be reported immediately by e-mail to the address [email protected] and submitted to the Seller with the carrier’s written damage report. An additional complaint of incompleteness or external damage to the shipment does not deprive the Buyer of the right to complain about the goods, but it gives the Seller the opportunity to prove that this is not a violation of the Contract.
  6. The Buyer is obliged to file a claim with the Seller without undue delay after the occurrence of a defect. In the case of a damaged shipment, the Buyer is obliged to notify the Seller of this fact within 3 working days.
  7. The Seller’s contact details for making a claim are NEOTIS s.r.o., Školská 689/20, Prague 1, 11000, IČO: 14013665. For hygiene and safety reasons, it is not possible to return goods to the Seller whose original packaging has been damaged (opened). The Buyer must present/return the goods to the Seller complete in intact packaging.
  8. Defects in food products are considered irreparable; Thus, the buyer has the right, at his own discretion, to demand (a) exchange of goods for a faultless one or (b) withdrawal from the Contract and return of the purchase price.

 

  1. Other rights and obligations of the contracting parties

 

  1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
  2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
  3. Handling of consumer complaints is provided by the seller via the electronic address [email protected]. The seller will send information about handling the buyer’s complaint to the buyer’s email address.
  4. The Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. 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 contract.
  5. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
  6. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
  7. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

 

  1. Protection of personal data

 

  1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
  2. The buyer agrees to the processing of his personal data: first and last name, residential address, identification number, tax identification number, e-mail address and telephone number (hereafter referred to as “personal data”).
  3. The buyer agrees to the processing of personal data by the seller, for the purposes of realizing rights and obligations from the purchase contract and for the purposes of maintaining a user account. If the buyer does not choose another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and commercial messages to the buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
  4. The buyer acknowledges that he is obliged to provide his personal data (when registering, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller of any change in his personal data without undue delay.
  5. The seller can entrust the processing of the buyer’s personal data to a third party as a processor. Apart from the persons transporting the goods, personal data will not be transferred by the seller to third parties without the prior consent of the buyer.
  6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
  7. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
  8. In the event that the buyer believes that the seller or the processor (Article 10.5) is processing his personal data in violation of the protection of the buyer’s private and personal life or in violation of the law, especially if the personal data is inaccurate with regard to the purpose of their processing, may:
  9. ask the seller or processor for an explanation,
  10. demand that the seller or the processor remove the state thus created.
  11. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to request a reasonable payment not exceeding the costs necessary to provide the information for the provision of information according to the previous sentence.

 

  1. Sending commercial messages and storing cookies

 

  1. 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.
  2. The buyer agrees to save 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.

 

  1. Delivery

 

  1. Notifications regarding the relationship between the seller and the buyer, in particular regarding withdrawal from the purchase contract, must be delivered by registered mail, unless otherwise specified in the purchase contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to have been delivered and effective upon delivery by post, except for notice of withdrawal by the Buyer, in which case the withdrawal is effective if the notice is sent by the Buyer within the withdrawal period.
  2. A notification whose acceptance was refused by the addressee, which was not picked up within the storage period, or which was returned as undeliverable, is also considered delivered.
  3. The contracting parties may deliver regular correspondence to each other via e-mail, to the e-mail address specified in the buyer’s user account or specified by the buyer in the order, or to the address listed on the seller’s website.

 

  1. Final Provisions

 

  1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
  2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, 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. Changes and additions to the purchase contract or terms and conditions require written form.
  3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
  4. The annex to the terms and conditions consists of a sample form for withdrawing from the purchase contract.
  5. Seller contact details: delivery address

Školská 689/20, Prague 1 – Nové Město 11000, e-mail address [email protected], telephone +420 724485932 and +30 693 6788410.

 

In Prague on 1/1/2023