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Terms and Conditions

General Terms and Conditions

These general terms and conditions (hereinafter referred to as the "Terms and Conditions") apply to contracts made through the online store KetoDiet located on the web interface www.ketodiet.eu (hereinafter the "Web Interface") by and between

our Company,

KetoDiet CZ s.r.o., with its registered office at Kolovratská 58/1, Strašnice, 100 00 Prague 10, Czech Republic

Company ID: 02648661

VAT reg. no.: CZ02648661

registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert No. 221830

Delivery address: KetoDiet CZ s.r.o., Generála Svobody 748, 533 51 Pardubice, Czech Republic

Contact e-mail: info@ketodiet.eu

as the Seller

and you as the Buyer

 

1. RECITALS

By entering into the Purchase Contract we agree to supply you with the Goods specified in your order, and you agree to take over these Goods (either in person or via a carrier) and to pay us the Purchase Price indicated in the Order. The Purchase Price (hereinafter also the "Price") includes the costs relating to the delivery of the Goods as well as any fees associated with the selected payment method. You will always be informed about the amount of these costs before you send the binding Order.

You will become the owner of the Goods by paying the full Purchase Price, but not before you take over the Goods.

1.1. What Goods do we sell?

The Goods referred to in these Terms and Conditions mean, among other things, protein food products containing vitamins and minerals. The Goods are not drugs or pharmaceuticals. 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. The use of food supplements cannot replace consultation with a physician or a medical specialist. Before starting the diet we recommend that you consult your physician.

1.2. Does the Purchase Contract apply only to the Goods?

The Purchase Contract (hereinafter also the "Contract") referred herein means any contract made under these Terms and Conditions.  

1.3. Is the Purchase Contract a consumer contract?

The Purchase Contract is a consumer contract only if you are a Consumer, i.e. if you are a natural person and you buy the Goods outside the scope of your business or your autonomous professional activities. Otherwise, it does not constitute a consumer contract and you do not enjoy consumer protection under relevant legal regulations and these Terms and Conditions, e.g. as a non-consumer you do not have the right to withdraw from the Contract without giving a reason.

1.4. What special rights do you have as a Consumer?

As a Consumer, you have mainly the following rights:

  • the right to withdraw from a Contract entered into by remote communication means such as telephone, e-mail or online shop (Article 5 of these Terms and Conditions);
  • the entitlement to a 24-month warranty for unused consumer goods (warranty claims are governed by the Complaints Procedure);
  • the right to obtain information before entering into the Contract (the information is contained in these Terms and Conditions or on the Web Interface).

1.5. What governs our legal relationship?

Our legal relationship is governed by the following documents:

  • these Terms and Conditions, which define and specify our mutual rights and obligations;
  • the Complaints Procedure, which we will abide by if you make a complaint about the Goods;
  • the terms of use of the Web Interface that provide for the Web Interface registration, protection of your personal data, protection of the Web Interface content, and some other matters related to the use of the Web Interface;
  • the terms and instructions on the Web Interface, including without limitation, when you are entering into the Contract;
  • your Order and its acceptance on our part,

whereas issues not specified herein are governed by the following legislation:

  • Act No. 89/2012 Sb., the Civil Code, as amended (hereinafter referred to as the "Civil Code");
  • Act No. 634/1992 Sb., on Consumer Protection, as amended (only if you are a consumer).

Where your place of residence or registered office is located outside the Czech Republic, or if our legal relationship contains any other international element, you acknowledge that our relationship is governed by Czech law. If you are a Consumer and the laws of your home country provide a higher level of consumer protection than the Czech laws, you will be provided with the higher level of protection in legal relations.

1.6. How do you express your acceptance of the Terms and Conditions?

By sending an order and by confirmation on the Web Interface you acknowledge that you have read these Terms and Conditions and that you accept them.

We may, from time to time, modify or amend the wording of the Terms and Conditions. Your rights and obligations are always governed by the wording of the Terms and Conditions in force at the time when these rights and obligations come into existence.

 

2. THE PURCHASE CONTRACT

2.1. How to enter into the Purchase Contract?

The Web Interface contains a list of the Goods, including a 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 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 send an order, so that we can accept it.

2.2. How to place an Order?

You can always place your Order via the Web Interface (by filling in 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 (numerical codes of the ordered Goods where possible), their quantity, the selected method of payment and transport, and your contact details (your delivery and/or billing address).

Before you send the binding Order, you will receive an overview of the Order, including the final Price (depending on your selected payment method). We recommend that you check especially the type and quantity of the Goods, and your e-mail and delivery address. In the final summary, 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 our acceptance of the Order, 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 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 (whichever comes first). The acceptance of your Order may be part of the confirmation of the order receipt referred to in Article 2.2 of these Terms and Conditions (if expressly stated in the confirmation), or may follow the confirmation separately.

Information on individual technical steps leading to the conclusion of the Contract can be seen 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. You also undertake to inform any other persons that may come into contact with the Goods about the conditions of use of the Goods and the risks stemming from their improper use.

2.4. Can you cancel an Order that you have already placed?

You can cancel an 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 by mutual agreement. If such cancellation concerns an Order of Goods the Contract for which cannot be withdrawn (see further details in Article 5), we are entitled to reimbursement of the costs 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 cannot 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, 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 the Price of the Goods shown on the Web Interface or during the ordering process is no longer up-to-date, we will notify you of this fact immediately. 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 sending 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.

2.6. Can you obtain the Contract in a text format?

The Contract is not made in writing, with signatures of the Parties. The Contract is constituted by these Terms of Conditions, your Order, and our acceptance of your Order. The full Contract will be sent to you by e-mail or, if you request so, in a printed form by post. 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 can be concluded in the Czech language, unless we expressly agree on another language.

2.9. Is the Contract stored somewhere?

We archive the Contract (including these Terms and Conditions) in electronic format. The Contract is not accessible to third parties, but we will send it to you upon request.

 

3. PAYMENT TERMS

3.1. What payment methods do we allow?

At present, you can pay the Purchase Price in cash if the Goods are sent on COD (cash on delivery) basis or by credit card online.

Other payment methods may be additionally specified on the Web Interface.

3.2. When is the Purchase Price due?

If you pay by cash, the Price is payable upon the collection of the Goods.

3.3. In which currency can you pay?

The payment can be made in Euros (EUR).

3.4. When 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 EUR.

We are entitled 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. 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.

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.

The Order will always state the final Price including the costs of the selected method of transport. Orders over EUR 250 qualify for free delivery.

4.3. When do 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.

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.

A delivery of Goods under these Terms and Conditions means the moment the Goods is 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.

4.4. How to proceed 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 another 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 to 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 € 0,375 per day of storage. The storage costs can reach a maximum of € 20 or equal the amount of the Purchase Price if it is lower than € 20.

In such a case, we have the right to withdraw from the Contract.

 

5. WITHDRAWAL FROM THE PURCHASE CONTRACT; TERMINATION OF REGULAR DELIVERIES

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. We recommend sending the Form for Contract Withdrawal to our address or by e-mail. To withdraw from the Contract, you can use our template form, which forms an annex to the Complaints Procedure. You can send the Notice of Withdrawal from the Contract to our place of business or to our e-mail address. We will confirm the receipt of your notice without undue delay.

You do not have to give any reason for your 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 a gift was provided together with the Goods, the gift agreement becomes ineffective by a withdrawal from the Contract by either party. Please send the gift back to us along with the returned Goods.

5.3. When 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:

  • a contract for the supply of sealed goods which are unsealed by the consumer and cannot thus be returned for hygienic reasons,
  • a contract for the supply of goods that are subject to rapid decay as well as goods which were irreversibly mixed with other goods after the supply.

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 delivery address, to the address of our registered office. 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:

  • a copy of the delivery note and invoice, if these documents have been issued, or another document proving the purchase of the Goods;
  • 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). Add your delivery address, phone number, and e-mail address.

A failure to submit any of the above-mentioned documents cannot prevent a positive settlement of your withdrawal from the Contract under Czech law.

5.5. When will you get your money back?

We refund all payments received within 14 days of the withdrawal. Please note, however, that we are not obliged to refund your money before you return the Goods or prove that you have sent the Goods to us.

Apart from 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:

  • in the same method we accepted it from you, or
  • in the method you request;

In addition to the above-mentioned methods, we can always refund the money by sending it to a bank account you specify or to the account from which the money was sent to pay the Purchase Price (if you do not provide us with any alternative account within ten days of the withdrawal from the Contract). 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 will cover 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 a suitable 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 damaged or destroyed substantially during transport due to unsuitable packaging.

If we find out that the Goods your returned are damaged, used, contaminated or partially consumed, 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:

  • the price of the Goods displayed on the Web Interface was obviously incorrect due a technical error (Article 2.5 of these Terms and Conditions);
  • 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 has ceased supplying them to the Czech Republic, etc.);
  • the performance of the Contract becomes impossible for objective reasons or unlawful.

If any of the above-mentioned events occurs, we will inform you of our withdrawal from the Contract promptly. The withdrawal will become effective 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 account you will provide us for this purpose or to the account from which you made the payment. We will refund the money within five days of the withdrawal from the Purchase Contract.

 

6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

Your rights arising from defective performance of the Contract will be governed by generally binding legal regulations (particularly the provisions of Sections 1914 to 1925, 2099 to 2117 and 2158 to 2174 of the Civil Code).

If you exercise your rights arising from defective performance, we will proceed in accordance with our Complaints Procedure. Before sending  your complaint form, please read the Complaints Procedure thoroughly so that the complaint can be processed as quickly as possible and to your satisfaction.

 

7. FINAL PROVISIONS

If the relationship based on the Purchase Contract contains an international (foreign) element, the Parties agree that the relationship is governed by Czech law. This provision is without prejudice to the rights of consumers resulting from generally binding legal regulations.

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 interest associations of consumers and other entities established for their protection.

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.

We archive the Purchase Contract, including the Terms and Conditions, in electronic format and it is not accessible. Unless agreed otherwise, all correspondence between us 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 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 is without prejudice to the validity of the remaining provisions. The Contract (including the Terms and Conditions) may be modified or amended only in writing.

These Terms and Conditions are effective as of 1 September, 2018.



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