* The outcomes of this diet depend on the person's individual predispositions and cannot be guaranteed in every person. We advise you to consult your doctor before you start a diet programme.
Terms and Conditions
These general terms and conditions of KetoDiet CZ s.r.o., with its registered office at Kolovratská 58/1, Strašnice, 100 00 Praha 10, Czech Republic, Id. No. 02648661, VAT No.: CZ02648661 (in Slovakia we use VAT No.: SK4120013854) registered in the Companies Registered kept by the Municipal Court in Prague, Section C, Inset 221830 (hereinafter only „We“) govern mutual rights and obligations arising out of or in connection with the Purchase Contact (hereinafter only the “Contract”) made by and between Us (as the “Seller”) and You (as the Buyer) made through our online store KetoDiet located on the web interface www.ketodiet.cz or www.ketodiet.sk or www.ketodiet.eu (hereinafter the "Web Interface").
Should you need to contact us, please use the following contact details:
KetoDiet CZ s.r.o., Generála Svobody 748, 533 51 Pardubice, Czech Republic
Tel.: +421 911 827 801, E-mail: firstname.lastname@example.org
By virtue of the Contract We agree to supply you the Goods, service or any other performance specified in Your order (hereinafter only the „Goods“), and You agree to take over the Goods and to pay us the Purchase Price indicated in the Order. The Purchase Price (hereinafter also the "Price") includes the costs relating to the packaging, delivery of the Goods as well as any fees associated with the selected payment method. Unless provided otherwise, packaging is not charged. You will always be informed about the amount of these costs before you confirm the binding Order.
You become the owner of the Goods upon payment of the full Purchase Price, however not before take-over of the Goods.
1.1. What Goods do we sell?
Besides other Goods (hereinafter only the “Consumable Goods”) referred to herein, the Goods hereunder shall mean primarily foods and food supplements (meals, drinks, desserts, syrups, etc.) containing protein, and/or vitamins and/or minerals. We inform You that the Goods are neither drugs nor pharmaceuticals. Before starting the diet, we recommend that you consult your physician, the use of food supplements cannot replace consultation with a physician or a medical specialist. The results of a diet consisting in the use of the Goods cannot be guaranteed for everybody, as they vary according to the individual conditions of each client.
Unless specified otherwise on the website, the foods and food supplements shall be stored in dry place, at room temperature, without exposure to direct sunshine; the country of origin of the foods and food supplements is the Czech Republic, We are the responsible entity within the meaning of REGULATION (EU) No 1169/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL.
1.2. Is each Contract a consumer contract?
The Purchase Contract is a consumer contract only if You are a Consumer. Otherwise, it does not constitute a consumer contract and You do not enjoy consumer protection pursuant to the applicable legal regulations and these Terms and Conditions. Primarily, if you are not a consumer, you may not exercise special rights specified in Article 1.3. hereof and related provisions.
1.3. What special rights do you have a ss a Consumer?
As a Consumer, you have the following rights, including without limitation: (i) the right to withdraw from a Contract entered into by remote communication means such as telephone, e-mail or online shop (see Article 5 of these Terms and Conditions); (ii) the entitlement to a 24-month warranty for unused non-food consumer goods (warranty claims are governed by the Complaints Procedure Rules (to food goods the expiration date displayed on the packaging shall apply), and (iii) the right to obtain information before entering into the Contract (the information is provided either in these Terms and Conditions or on the Web Interface).
1.4. What governs our legal relationship?
Our legal relationship is governed by: (i) your Order and its acceptance on our part and conditions and instructions specified on the Web Interface for the purposes of placing he order and use of the Web Interface, (ii) these terms and conditions and Complaints Procedure, (iii) rules of personal data protection (including marketing communication and cookies) and where not specified, (iv) by applicable legislation, including without limitation Act No. 89/2012 Sb., the Civil Code, as amended (hereinafter only the “Civil Code”) and Act No. 634/1992 Sb., on Consumer Protection, as amended (only if you are a consumer). In case of any discrepancies, the document specified higher in the list will prevail.
The Contract is governed by the Czech laws. If the Contract contains any international (foreign) element, conflicts of law will not apply. If the law of the relevant country (public law) that you shall be subject to, regardless of the governing law chosen, grants you a higher degree of protection than the law of the Czech Republic, you shall be provided the higher protection in legal relationships (including without limitation, the protection of consumers, protection of personal data etc.)
By entering into the Contract both parties take the risk of change in circumstances within the meaning of Section 1765 (2) of the Civil Code.
1.5. How do you express your acceptance of the Terms and Conditions?
By placing an order or to be precise by confirmation on the Web Interface, you acknowledge that you have read these Terms and Conditions and that you accept them.
2. PURCHASE CONTRACT
2.1. How to enter into the Purchase Contract?
The Web Interface shows a list of the Goods, including description of their main characteristics. The price of the Goods stated therein includes all taxes, customs duties and fees. The display of the Goods is of informative character and pictures are illustrative (product description is binding), does not constitute our offer to enter into a Contract as set out in Section 1732 (2) of the Civil Code. To enter into a Contract, you must place an order, so that we can accept it. These General Terms and Conditions always form an integral part of the Contract.
2.2. How to place an Order?
You can always place your Order via the Web Interface (by completing the form), or by phone, e-mail or other means that we make currently available according to information on the Web Interface.
The Order must contain all information required in the form, namely the precise designation of the ordered Goods, their quantity, the selected method of payment and transport, and your correct and true contact details Before you place a binding Order, we recommend that you check all the details you have entered, including the kind of the Goods, their number, your e-mail address and delivery address and make any necessary changes. Before you confirm your Order, you have the last chance to change the information you have entered.
You submit the binding Order by clicking the "Confirm Order" button. We regard the information in the binding Order as correct and complete. If need be, please inform us of any change of this information immediately by phone or e-mail.
After we receive your Order, we will send you a confirmation of the receipt. This information (confirmation) is sent automatically and does not constitute the acceptance of the Order on our part, unless expressly stated in the confirmation.
If we have any doubts about the authenticity and seriousness of the Order, we may contact you for verification. We can decline an unverified Order. Such Order is then regarded as if not having been placed.
2.3. When is the Contract regarded made?
The Purchase Contract is made at the moment you receive our acceptance of your Order. The acceptance of your Order will be sent to the e-mail address you provided in the Order. If the Order is not accepted, the Contract is made at the moment you pay the full Purchase Price or take over the ordered Goods.
Information on individual technical steps leading to the conclusion of the Contract can be found on the Web Interface
By purchasing the Goods, you confirm that you have been acquainted with the conditions of their use and that you fully understand the potential risks in the case of their improper use. Among other things, you confirm that you do not suffer from any of the contraindications listed on the Web Interface and using these Goods is safe for you. You also undertake to inform any other persons that may come into contact with the Goods about the conditions of the use of the Goods and the risks entailed when not used appropriately.
2.4. Can you cancel an Order that you have already placed?
You can cancel the Order that we have not accepted yet (i.e. you have not been sent our acceptance of the Order in accordance with Article 2.3 of these Terms and Conditions yet) by phone or e-mail. All Orders accepted by us are binding. A later cancellation of an Order is possible only based on mutual agreement. If such cancellation concerns an Order of Goods where it is not allowed to withdraw from the Contract (see further details in Article 5), we are entitled to reimbursement of the costs or harm we have already incurred in connection with the Contract.
2.5. Can the Price listed on the Web Interface vary?
The prices of the presented Goods and the prices of packaging, transport and delivery remain valid for as long as they are displayed on the Web Interface. Potential discounts on the Price of the Goods may not be combined, unless the Web Interface explicitly states otherwise.
If an obvious technical error occurs on our part when displaying the Price of the Goods on the Web Interface or during the ordering process or during processing of the order, we are not obliged to supply the Goods to you at such obviously erroneous Price, even if you have been sent an acceptance of your Order in accordance with these Terms and Conditions. In such case, we reserve the right to withdraw from the Contract.
If your Order has not yet been accepted yet, we are not obliged to enter into a Contract.
A change in the Price that occurs between the placing of the Order and its acceptance on our part in accordance with Article 2.3 of these Terms and Conditions does not affect Orders that have already been placed. However, this is without prejudice to the two preceding paragraphs.
2.6. Can you obtain the Contract in a text format?
The Contract is not made in writing, with signatures of the Parties, we archive the Contract in its electronic version and i tis available for you on the Web Interface if you are a registered customer, otherwise i tis not available. We will send it to you by e-mail or in a printed version by post upon your request. When sending the Contract by post, we may ask you to cover the related costs.
2.7. What if there is something in the Contract you do not understand?
If you have any queries regarding the Terms and Conditions or the Contract, you can contact us by phone or e-mail. We will gladly provide you with all the necessary information.
2.8. In what languages is it possible to enter into the Contract?
The Contract may be made in Czech, Slovak and English version. The language version corresponds to the language version of the particular Web Interface you chose.
3. PAYMENT TERMS
3.1. What payment methods do we accept?
At present, you may pay the Purchase price (i) in cash on delivery (COD) or (ii) online by payment card. Other payment methods may be additionally specified on the Web Interface.
In line with the Act on Registration of Sales, we are obliged to issue a bill for you. We are also obliged to register any payments received from you with tax administrator online; in the case of technical disruption within 48 hours at the latest.
3.2. In which currency can you pay?
The payment for the Goods may be made in euros (EUR).
3.3. Can we request an advance payment?
We may request an advance payment of the Purchase Price especially in relation to Orders whose total price exceeds 200 €, or where we doubt the true and serious nature of the order and due compliance with the obligations on your part. In such cases, we will always contact you.
We may to ask you to pay the full Price of the Goods before their sending or delivery (Section 2119 (1) of the Civil Code does not apply).
4. TERMS OF DELIVERY
4.1. How do we deliver the Goods?
The methods of delivery are specified on the Web Interface or we will inform you about the option by phone or through e-mail (in the case of orders placed by telephone or e-mail). You can select the specific method of delivery of the Goods in your Order. If you do not choose any method of delivery, we can determine it ourselves.
We can also deliver the Goods to the above contact place where you can pick them up in person, which is free of charge. You are obliged to pick up the Goods in the selected place.
4.2. What are the costs of delivery of the Goods?
The costs of delivery of the Goods depend on the selected method of delivery and are specified on the Web Interface or we will inform you of the costs on the phone or through e-mail (in the case of orders placed by telephone or e-mail).
The order will always state the final Price including the costs of the selected method of transport. Orders over 250 € qualify for free delivery.
4.3. When will we deliver the Goods to you?
The delivery time always depends on the availability of the Goods and on the selected method of transport and payment.
Goods that are in stock are usually delivered within three business days from our acceptance of your Order.
Goods that are not in stock are shipped as soon as possible. We will inform you of the exact date of shipment.
Please note that we are not always able to influence the delivery time by contracted carriers. Any complaints regarding the delivery time must be addressed directly to the carrier.
Delivery of Goods under these Terms and Conditions means the moment the Goods are handed over to you. If you refuse to accept the Goods without reason, this fact does not constitute a breach of our obligation to deliver the Goods nor your withdrawal from the Contract.
Repeated failure to accept Goods from your part may lead us to believe that your orders may not be of true and serious nature.
4.4. What to do when accepting the Goods?
When accepting the Goods, please check the intactness of the packaging. If you notice any deficiencies, please inform both us and the carrier immediately. If you refuse to accept the Goods with damaged packaging, this fact is not regarded as a refusal to accept the Goods without reason.
By signing the delivery note (or any other similar document) you confirm that the packaging is intact. In a such case, it is no longer possible to make a complaint about the Goods due to damaged packaging.
At the moment of acceptance of the Goods (or at the moment you were obliged to accept the Goods but did not do so in breach of the Contract), the liability for accidental destruction, damage or loss of the Goods passes onto you.
4.5. What happens if you do not accept the Goods?
If it is necessary, for reasons on your part, to deliver the Goods repeatedly or by a method other than the agreed one, you are obliged to pay the costs associated with such delivery.
If you refuse to accept the Goods without reason, we are entitled to reimbursement of the costs associated with the delivery of the Goods and their storage as well as other costs we incur as a result of your non-acceptance of the Goods. Such costs will not exceed 0,4 € per day of storage. The storage costs can reach a maximum of 20 € or equal the amount of the Purchase Price if the Purchase Price is lower than 20 €.
In such a case, we have the right to withdraw from the Contract.
5. WITHDRAWAL FROM THE CONTRACT
5.1. How can you withdraw from the Contract?
You can withdraw from the Purchase Contract within 14 days of the acceptance of the Goods. To make it easier, we prepared a form titled Notice of Withdrawal from the Contract that you should send to our contact address: KetoDiet CZ s.r.o., Generála Svobody 748, 533 51 Pardubice, Czech Republic
or by e-mail email@example.com. We will confirm the receipt of your notice without undue delay. You do not have to provide any reasons for the withdrawal from the contract.
5.2. What are the consequences of a withdrawal from the Contract?
A withdrawal from the Contract cancels the Contract from the beginning and the Contract is regarded as not having been entered into.
If there was a purchase-conditioned gift or a discount (e.g. conditioned by the amount of the purchase price or type of the Goods) provided together with the Goods, it shall apply that the Donation Agreement and/or provisions on the discount included a condition subsequent stipulating that if either of the parties hereto withdraws from the Contract, the Donation Agreement and/or the provisions on the discount become/s ineffective, and you are obliged to return the gift or the discount provided together with the Goods.
5.3. In what cases is it not possible to withdraw from the Contract?
Pursuant to Section 1837 of the Civil Code, you cannot withdraw from the following contracts, among others (i) a contract for the supply of sealed goods which are unsealed by the consumer and cannot thus be returned for hygienic reasons, (ii) a contract for the supply of perishable goods as well as goods which were irreversibly mixed with other goods after the supply (iii) a contract for the supply of goods that has been tailored to the personal wishes of the consumer.
5.4. How can you return the Goods to us?
You are obliged to return the Goods to us within 14 days of the withdrawal from the Contract to our contact address. Please do not send the goods on COD basis. We are not obliged to accept Goods sent on COD basis.
The returned Goods must not be damaged, used and contaminated and, if possible, they must be in the original packaging.
We recommend that you provide the following documents along with the returned Goods: (i) a copy of the delivery note and invoice, if these documents have been issued, or another document proving the purchase of the Goods, (ii) a written Notice of Withdrawal (on our form or otherwise) and the selected method of refund (wire transfer to your bank account, personal receipt of cash, by postal order, or otherwise). Enter your delivery address, phone number, and e-mail address in the Notice of Withdrawal.
A failure to submit any of the above-mentioned documents will not affect acceptance of your withdrawal from the Contract in line with the applicable legislation.
5.5. When will you get your money back?
We will refund all money received within 14 days from the withdrawal. Please note that we are not obliged to refund your money before you return the Goods or prove that you have sent the Goods to us.
Besides the Purchase Price, you are entitled to a refund of the costs of delivery of the Goods to you. However, if you selected a delivery method other than the cheapest method we offer, we will refund the costs of delivery in the amount equivalent to the cheapest method of delivery.
We will refund your money (i) by the method you request, particularly to the bank account indicated by you or (ii) by the same method you used for the wire transfer. If you fail to provide us with specific bank account details within ten days from the withdrawal and if it is not possible to proceed in line with (ii), we will send you the money in form of postal money order. By accepting these Terms and Conditions you agree to the payment of the refund under the preceding sentence provided that you do not incur any additional costs in this way.
You shall bear the costs associated with the delivery of the returned Goods to our address even if the Goods cannot be returned by ordinary post due to their nature.
5.6. What if the returned Goods were damaged?
When sending the Goods, pack them in appropriate packaging to protect them from damage or destruction. The Purchase Price and the costs of delivery (or their part equivalent to the damage) cannot be refunded for Goods that were substantially damaged or destroyed during transport due to inappropriate packaging.
If we find that the Goods your returned are damaged, used, contaminated or partially consumed, or have any other defects, we are entitled to claim compensation from you. We may offset the claim for compensation of the damage incurred unilaterally against your right to the refund of the Purchase Price and the costs of delivery of the Goods, i.e. you will be returned an amount reduced by the damage incurred.
5.7. When can we withdraw from the Contract?
We reserve the right to withdraw from the Contract in the following cases: (i) the price of the Goods displayed on the Web Interface was obviously incorrect due to a technical error (Article 2.5 of these Terms and Conditions), (ii) it is not possible to supply the Goods under the original conditions for objective reasons (mainly because the Goods are no longer produced, the supplier stopped supplying them to the Czech Republic, etc.), (iii) the performance of the Contract becomes impossible for objective reasons or unlawful or hazardous.
If any of the above-mentioned events occurs, we will promptly inform you of our withdrawal from the Contract. The withdrawal will become effective upon you at the moment you receive it.
If you have already paid the Purchase Price, in full or in part, we will refund the amount received by wire transfer to the bank account that you have provided us for this purpose or to the bank account from which you made the payment. We will refund the money within five days from the withdrawal from the Purchase Contract.
6. RIGHTS ARISING OUT OF DEFECTIVE PERFORMANCE
6.1. When and how can you make a complaint?
If you exercise your rights arising out of defective performance, we will proceed in accordance with our Complaints Procedure Rules. Complaints Procedure Rules includes all information about the warranty period, what your rights arising out defective performance are and how you can exercise them.
Before sending your complaint, please read the Complaints Procedure Rules thoroughly so that the complaint can be processed as quickly as possible and to your satisfaction. Making the complaint can be easy, just complete our Complaints Form.
6.2. What if we fail to agree on the resolution of the defects?
To settle consumer disputes arising out of purchase contracts out of court is the responsibility of the Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, Company ID: 000 20 869, URL: https://adr.coi.cz/en. To resolve disputes arising out of purchase contracts between the seller and the buyer, the online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be also used.
The European Consumer Centres of the Czech Republic, seated at Štěpánská 567/15, 120 00 Prague 2, Czech Republic, URL: http://www.evropskyspotrebitel.cz is the contact place in line with the Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes.
If the contract contains an international (foreign) element, the above shall not affect your rights existing under the law of the relevant country (public law) that you shall be subject to, regardless of the governing law chosen, including without limitation, your right to approach a competent authority in the relevant country.
7. FINAL PROVISIONS
7.1. What operating licences do we hold and who inspects our operations?
We are authorised to sell the Goods on the basis of a trade license. Our business activity does not require any other licences. The Ministry of Agriculture has been duly notified of our sale of the Goods.
Trade inspections are carried out by the relevant trade licensing authority within the scope of its powers. Inspections of compliance with technical requirements for goods and safety of goods are conducted by the Czech Trade Inspection Authority (http://www.coi.cz/en), while inspections concerning food products are performed by the Czech Agriculture and Food Inspection Authority (http: //www.szpi .gov.cz/en). The Czech Trade Inspection Authority also inspects compliance with consumer protection regulations. Consumer rights are also defended by associations of consumers and other entities established for their protection. Supervision in terms of personal data protection is carried out by the Personal Data Protection Office.
7.2. How do we process complaints?
We process complaints through our contact e-mail. You can also contact the bodies referred to in Article 7.1. We are not bound by any codes of conduct in relation to our customers, and we do not adhere to any such codes.
7.3. What else should you know?
The Contract is entered into by remote communication means (specifically through the Internet). You pay your own costs associated with the use of the means of distance communication (especially the costs of Internet connection and telephone costs). These costs do not differ from the standard rate.
Unless agreed otherwise, all correspondence we will exchange in relation to the Contract will be conducted in writing and delivered either by e-mail, by registered mail or in person. We will deliver correspondence to you to the e-mail address specified in your Order or in your user account (if you have signed up).
If any provision of these Terms and Conditions is (or becomes) invalid, ineffective or non-applicable, it will be replaced by a provision corresponding as closely as possible to the purpose of the invalid, ineffective or non-applicable one. The invalidity, ineffectiveness or non-applicability of one provision will not affect the validity of the remaining provisions.
The Contract (including the General Terms and Conditions) may be modified or amended only in writing. Your rights and obligations are governed by the contract (including the General Terms and Conditions) effective at the moment when those rights and obligations were established.
These General Terms and Conditions are effective as of 1.6.2019