VivaDzen.cz

General Terms and Conditions for the sale of goods through the online store located at www.VivaDzen.cz

I. Basic Provisions

Seller: Vivadzen s.r.o., Freyova 82/27, 190 00 Prague 9-Vysočany, ID 14396238, VAT ID CZ14396238, e-mail shop@vivadzen.cz, phone +420 605 00 47 47, website www.VivaDzen.cz (hereinafter the “Seller”).

1. These General Terms and Conditions (the “Terms”) are issued in accordance with Section 1751 and subsequent sections of Act No. 89/2012 Coll., the Civil Code (the “Civil Code”).
2. These Terms govern the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside the scope of their business activity as a consumer or within their business activity as the buyer through the web interface at www.VivaDzen.cz (the “Online Store”).
3. The provisions of these Terms form an integral part of every purchase contract. Deviating stipulations in a purchase contract prevail over these Terms.
4. These Terms and every purchase contract are concluded in the Czech language.
5. The Seller is not liable for the consequences of using goods for purposes other than collecting. Goods marked as “Kratom” are considered collectibles and, according to Czech legislation, are intended for scientific and cosmetic purposes.

II. Information about Goods and Prices

1. Information about goods, including the price of each item and its main characteristics, is listed for each product in the Online Store catalog. Prices include value-added tax, all related fees, and the cost of returning goods if the goods cannot be returned by ordinary postal means. Prices remain valid for as long as they are displayed in the Online Store. This provision does not prevent the conclusion of a purchase contract under individually negotiated conditions.
2. The presentation of goods in the Online Store catalog is informative only, and the Seller is not obliged to conclude a purchase contract for the goods displayed.
3. The Online Store publishes information about packaging and delivery costs. The information on such costs applies only when the goods are delivered within the Czech Republic.
4. Any discounts on the purchase price cannot be combined unless the Seller agrees otherwise with the buyer.

III. Orders and Conclusion of the Purchase Contract

1. The buyer bears the costs incurred when using remote communication tools in connection with concluding the purchase contract (internet connection, phone calls); these costs do not differ from the basic rate.
2. The buyer may place an order:
   • through their customer account if they have registered in the Online Store, or
   • by completing the order form without registration.
3. When placing an order, the buyer selects the goods, the quantity, the payment method, and the delivery method.
4. Before submitting the order, the buyer can review and change the information entered. The order is sent by clicking “Submit Order”. The Seller considers the data provided in the order to be correct. A valid order requires completing all mandatory fields in the form and confirming familiarity with these Terms.
5. Immediately after receiving the order, the Seller sends the buyer a confirmation e-mail to the address specified in the order. This confirmation is automatic and is not considered the conclusion of the contract. The current Terms are attached to the confirmation. The purchase contract is concluded only after the Seller accepts the order. The notice of acceptance is delivered to the buyer’s e-mail address.
6. If the Seller cannot meet any request stated in the order, the Seller will send a modified offer to the buyer’s e-mail address. The modified offer is considered a new proposal for a purchase contract and the contract is concluded once the buyer confirms acceptance of the offer to the Seller.
7. All orders accepted by the Seller are binding. The buyer may cancel an order until the buyer receives notice of its acceptance by the Seller. The buyer may cancel by phone or e-mail using the contacts listed in these Terms.
8. In the event of an obvious technical error in the price shown in the Online Store or during ordering, the Seller is not obliged to deliver the goods at the incorrect price, even if the buyer received an automatic confirmation under these Terms. The Seller promptly informs the buyer of the error and sends a modified offer. The contract is then concluded once the buyer confirms acceptance of the offer by e-mail.

IV. Customer Account

1. After registering in the Online Store, the buyer can access a customer account and place orders from it. Goods can also be ordered without registration.
2. When registering and ordering goods, the buyer must provide accurate and truthful information. The buyer must update the data in the user account whenever it changes. The Seller considers the information provided by the buyer to be correct.
3. Access to the customer account is protected by a username and password. The buyer must keep these login details confidential. The Seller is not liable for misuse of the account by third parties.
4. The buyer is not entitled to allow third parties to use the customer account.
5. The Seller may cancel the user account, especially if the buyer has not used it for a longer period or if the buyer breaches obligations from the purchase contract or these Terms.
6. The buyer acknowledges that the customer account may not be available continuously, particularly due to necessary maintenance of the Seller’s or third parties’ hardware and software.

V. Payment Terms and Delivery of Goods

1. The buyer may pay the purchase price and any costs associated with delivery using the following methods:
   • card payment,
   • PayPal,
   • cash on delivery.
2. Together with the purchase price, the buyer must pay packaging and delivery costs in the agreed amount. Unless expressly stated otherwise, the term “purchase price” also includes the costs associated with delivery.
3. For cash payments, the purchase price is due upon receipt of the goods. For cashless payments, the price is due within seven days of concluding the purchase contract.
4. When paying via a payment gateway, the buyer follows the instructions of the electronic payment provider.
5. In the case of cashless payment, the buyer’s obligation to pay is fulfilled when the amount is credited to the Seller’s bank account.
6. The Seller does not require any advance or similar payment. Paying the purchase price before dispatch is not considered a deposit.
7. Under the Act on the Registration of Sales, the Seller must issue a receipt and register the received payment online with the tax administrator, or within 48 hours in case of technical failure.
8. The goods are delivered to the address specified by the buyer in the order.
9. The shipping method is chosen during the ordering process.
10. Delivery costs depending on the method of shipment and receipt are stated in the buyer’s order and in the Seller’s confirmation. If shipment is arranged based on a specific request from the buyer, the buyer bears the risk and any additional costs associated with that shipment.
11. If the Seller is obliged to deliver goods to a place designated by the buyer in the order, the buyer must take delivery of the goods. If, for reasons on the buyer’s side, the goods must be delivered repeatedly or in a different manner than stated in the order, the buyer must cover the costs related to repeated delivery or the alternative method.
12. When receiving goods from the carrier, the buyer must check that the packaging is intact and immediately notify the carrier of any defects. If the packaging shows signs of unauthorized opening, the buyer does not have to accept the shipment.
13. The Seller issues an invoice (tax document) for the buyer; it is attached to the delivered goods.
14. The buyer acquires ownership of the goods by paying the entire purchase price including delivery costs, but not earlier than upon receipt of the goods. The risk of accidental destruction, damage, or loss passes to the buyer upon receipt of the goods or when the buyer was obliged to take delivery but failed to do so.

VI. Withdrawal from the Purchase Contract

1. A buyer who concluded the purchase contract outside their business activity as a consumer has the right to withdraw from the contract.
2. The withdrawal period is 14 days from the day of receiving the goods.
3. The buyer cannot withdraw from the contract especially in the following cases:
   • services that were provided with the buyer’s prior explicit consent before the withdrawal period expired and where the buyer was informed that withdrawal is not possible,
   • supply of goods or services whose price depends on fluctuations of the financial market beyond the Seller’s control occurring during the withdrawal period,
   • supply of alcoholic beverages that can be delivered only after thirty days and whose price depends on market fluctuations beyond the Seller’s control,
   • supply of goods customized according to the buyer’s wishes or for their person,
   • supply of goods liable to rapid deterioration or goods irreversibly mixed with other goods after delivery,
   • supply of sealed goods which the buyer unsealed and which cannot be returned for hygienic reasons,
   • supply of audio or video recordings or computer software if the buyer broke the original seal,
   • supply of newspapers, periodicals, or magazines,
   • supply of digital content not delivered on a tangible medium if delivery began with the buyer’s prior express consent before the withdrawal period expired and the buyer was informed about the absence of the right to withdraw,
   • other cases listed in Section 1837 of the Civil Code.
4. To observe the withdrawal period, the buyer must send a notice of withdrawal before the period expires.
5. The buyer may use the sample withdrawal form provided by the Seller. The withdrawal notice must be sent to the Seller’s e-mail or mailing address stated in these Terms. The Seller confirms receipt without undue delay.
6. A buyer who withdraws from the contract must return the goods to the Seller within 14 days of withdrawal. The buyer bears the cost of returning the goods even if the goods cannot be returned by ordinary postal means.
7. If the buyer withdraws from the purchase contract, the Seller returns without undue delay, no later than 14 days from withdrawal, all monetary funds received from the buyer, including delivery costs, using the same payment method. The Seller may reimburse the buyer with another method only if the buyer agrees and if no additional costs arise.
8. If the buyer chose a delivery method more expensive than the cheapest method offered by the Seller, the Seller refunds the delivery costs only up to the price of the cheapest offered method.
9. The Seller is not obliged to return the funds before the buyer hands over the goods or proves that the goods were sent back to the Seller.
10. The buyer must return the goods undamaged, unworn, and unsoiled, preferably in the original packaging. The Seller may unilaterally set off a claim for compensation for damage to the goods against the buyer’s claim for a refund of the purchase price.
11. The Seller may withdraw from the purchase contract due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier has stopped production or import. The Seller promptly informs the buyer via the e-mail address stated in the order and returns all funds received, including delivery costs, within 14 days in the same or another agreed manner.

VII. Rights from Defective Performance

1. The Seller warrants to the buyer that the goods are free of defects upon receipt. In particular, the Seller warrants that at the time the buyer received the goods:
   • the goods have the properties agreed upon by the parties, or if no agreement was made, the properties described by the Seller or manufacturer or expected by the buyer given the nature of the goods and the advertising performed,
   • the goods are suitable for the purpose stated by the Seller for their use or for the usual purpose of such goods,
   • the goods correspond in quality or workmanship to an agreed sample or model if the quality or workmanship was determined by reference to such a sample or model,
   • the goods are delivered in the corresponding quantity, measure, or weight, and
   • the goods comply with the requirements of legal regulations.
2. If a defect manifests within six months of receipt, the goods are presumed to have been defective at delivery. The buyer may assert rights arising from defects that appear on consumer goods within 24 months of receipt. This does not apply to goods sold at a lower price because of a defect, to wear caused by normal use, to used goods for defects corresponding to the level of use or wear present upon receipt, or if it follows from the nature of the goods.
3. If a defect occurs, the buyer may submit a complaint to the Seller and request:
   • replacement with new goods,
   • repair of the goods,
   • a reasonable discount from the purchase price, or
   • withdrawal from the contract.
4. The buyer may withdraw from the contract if:
   • the defect is substantial,
   • the goods cannot be used properly because of recurrent defects or defects after repair, or
   • the goods have a larger number of defects.
5. The Seller must accept complaints at any establishment where acceptance is possible, or at the Seller’s registered office or place of business. The Seller must provide the buyer with written confirmation of when the buyer exercised the right, what the complaint contains, and which settlement method the buyer requests, as well as confirmation of the date and method of settlement, including confirmation of repair and its duration, or a written justification for rejecting the complaint.
6. The Seller or an authorized employee decides on the complaint immediately; in complex cases within three working days. This period does not include the time necessary for expert assessment of the defect. Complaints, including removal of defects, must be settled without undue delay, no later than 30 days from filing the complaint, unless the Seller agrees on a longer period with the buyer. Failure to meet this deadline constitutes a material breach of the contract, and the buyer may withdraw from the purchase contract. The complaint is deemed filed when the buyer’s manifestation of will (exercise of the right arising from defective performance) reaches the Seller.
7. The Seller informs the buyer in writing about the outcome of the complaint.
8. The buyer is not entitled to rights arising from defective performance if the buyer knew about the defect before taking delivery or if the buyer caused the defect.
9. In the case of a justified complaint, the buyer is entitled to reimbursement of reasonable costs incurred in connection with filing the complaint. The buyer may exercise this right within one month after the warranty period expires.
10. The buyer chooses the method of handling the complaint.
11. The rights and obligations of the contractual parties regarding defective performance are governed by Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.

VIII. Delivery of Correspondence

1. The parties may deliver all written correspondence to each other via e-mail.
2. The buyer sends correspondence to the Seller’s e-mail address specified in these Terms. The Seller sends correspondence to the buyer’s e-mail address stated in the customer account or the order.

IX. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID 000 20 869, website https://adr.coi.cz/cs, is competent to resolve consumer disputes arising from the purchase contract out of court. Consumers may also use the online dispute resolution platform at http://ec.europa.eu/consumers/odr.
2. The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, website http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online consumer dispute resolution.
3. The Seller is authorized to sell goods on the basis of a trade license. Trade licensing supervision is carried out by the relevant Trade Licensing Office. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection.

X. Final Provisions

1. All arrangements between the Seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
2. The Seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
3. All rights to the Seller’s website, especially copyright to the content, layout, photographs, films, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify, or otherwise use the website or any part of it without the Seller’s consent.
4. The Seller is not responsible for errors caused by third-party interventions in the Online Store or by its use contrary to its intended purpose. The buyer must not use any methods when using the Online Store that could negatively affect its operation, nor perform any activity that could allow the buyer or third parties to interfere with or misuse the software or other components of the Online Store, and must not use the store or its software contrary to its purpose.
5. The buyer assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
6. The purchase contract, including these Terms, is archived by the Seller in electronic form and is not accessible.
7. The Seller may amend or supplement these Terms. Rights and obligations arising during the validity of the previous version remain unaffected.
8. A sample withdrawal form is attached to these Terms.

These Terms take effect on 26 May 2023.

We wish you pleasant shopping,

VivaDzen.cz