Terms and Conditions

1.1 These Terms and Conditions „Terms and Conditions“ of NUTREND D.S., a.s., ID: 25853902, with its registered office at Chválkovice 604, 779 00 Olomouc, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section B, Insert 2307 „Seller“ regulate the mutual rights and obligations of the parties arising in connection with or on the basis of a contract for the purchase of goods concluded between the Seller and another natural person „Buyer“ through the Seller's online shop operated on the website „Online Shop“ located at www.nutrend.cz (the „Website“), through the interface of the Website (the „Web Shop Interface“). These Terms and Conditions also apply to the services offered and provided by the Seller to the Buyer in connection with the offer and sale of goods.

1.2 These Terms and Conditions apply exclusively to purchase contracts with the place of delivery of goods in the Czech and Slovak Republics. The Seller does not deliver the goods offered in the Online Shop outside the territory of the Czech and Slovak Republic. A valid order may be placed by the Buyer only if the order contains a place of delivery in the Czech or Slovak Republic, otherwise the order is not placed by the Buyer and the Seller shall refund to the Buyer the amount of money paid under the purchase contract, if such payment was made by the Buyer. Delivery abroad is only possible if the Seller agrees in writing with the Buyer.

1.3 These terms and conditions apply exclusively to purchase contracts concluded with Buyers who are consumers. Unless otherwise agreed by the parties, these terms and conditions do not apply to purchase contracts concluded with the Seller's business partners who are legal entities or persons acting in the course of their business or profession and for whom the terms and conditions agreed between the parties individually apply.

1.4 In accordance with § 1751 of Act No. 89/2012 Coll., the Civil Code, as amended „Civil Code“, these Terms and Conditions are an integral part of any purchase contract concluded between the Seller and the Buyer through the Online Store in accordance with Article 3 of these Terms and Conditions „Purchase Contract“, unless the Buyer and the Seller have expressly agreed on a different arrangement. Provisions deviating from these Terms and Conditions may be agreed individually when concluding the Purchase Agreement. Deviating provisions in the Purchase Contract shall prevail over the provisions of the Terms and Conditions.

1.5 These Terms and Conditions shall also apply mutatis mutandis to the conclusion of all Purchase Contracts between the Seller and the Buyer made between the Seller and the Buyer by means of distance communication (i.e. by telephone, e-mail, etc.).

1.6 The provisions of these Terms and Conditions are an integral part of the Purchase Contract, which the Buyer confirms by his/her declaration of consent during registration or in the web interface of the shop. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language.

1.7 The Seller may unilaterally change or supplement the wording of these Terms and Conditions at any time. However, this provision does not affect the rights and obligations arising from Purchase Contracts concluded before the new Terms and Conditions come into force.

1.8 Registered members of the NUTREND Club may be granted various discounts and other bonuses under the conditions set by the Seller. Up-to-date information on the NUTREND Club can be obtained from the Personal Data Processing Policy.

2.1 Upon proper registration of the Buyer on the Website, the Buyer may access his user interface („User Account“). The Buyer may place orders for goods through his User Account. To activate the User Account, the Buyer must fill in all mandatory fields of the registration form, confirm his/her acceptance of the NUTREND Club Terms and Conditions and acknowledge the Personal Data Processing Policy.

2.2 When registering on the website and ordering goods, the Buyer is obliged to provide all the data correctly and truthfully. The Buyer is obliged to update the data provided in the user account when any change is made. The information provided by the Buyer in the user account and when ordering goods shall be deemed by the Seller to be up-to-date and correct.

2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account. The Buyer is not entitled to allow third parties to use the user account.

2.4 The Seller shall be entitled to cancel the user account, in particular if (i) the Buyer has not used his/her user account for more than 36 months, (ii) the information provided by the Buyer in the registration is manifestly or intentionally incorrect, or(iii) the Buyer breaches his/her obligations under the Purchase Agreement and these Terms and Conditions.

2.5 The Buyer acknowledges that the User Account may not be available continuously, in particular with respect to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.

3.1 The Online Shop contains a range of goods offered for sale by the Seller. Each offer of specific goods also includes the designation of the goods and a description of their characteristics, the final price in Czech currency, including all taxes and fees, stock availability, delivery costs and information on the method of use, if this is necessary in view of the nature of the goods. The prices of the goods shall remain valid for as long as they are displayed on the Online Shop, without prejudice to the provisions of Article 3.14 of these Terms and Conditions. This is without prejudice to the possibility for the Seller and the Buyer to conclude the Purchase Contract on individually agreed terms.

3.2 The Buyer shall place orders online by direct purchase without registration directly from the web interface of the Shop or by logging into his/her user account (applies to registered NUTREND Club customers).

3.3 In order to order goods, the Buyer fills out/confirms the order form in the web interface of the shop. The order form contains in particular information about: a) the goods ordered, b) the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods c) information on the costs associated with the delivery of the goods; and d) these terms and conditions and the conditions for processing personal data set out in the Personal Data Processing Policy. (hereinafter collectively referred to as the „Order“).

3.4 The Buyer shall place the ordered goods, which are part of the offer of the Online Shop and which he intends to purchase, into the electronic shopping cart. After completing the order form, the Buyer is informed of the final price of the purchase, which includes the sum of the prices for the ordered goods placed in the electronic shopping cart, including all related services, taxes or other fees and the price for shipping of these goods.

3.5 The list of goods provided in the Online Shop, as well as the list of goods provided in the electronic shopping cart, constitutes, until the Buyer confirms the order, exclusively an invitation to bid within the meaning of Section 1733 of the Civil Code and as such does not create any obligation on the part of the Seller, in particular does not create an obligation on the part of the Seller to conclude the Purchase Contract.

3.6 The Buyer is allowed to check and change the input data he has entered into the order at any time before sending (completing) the order, including with regard to the Buyer's ability to detect and correct errors arising during the data entry into the order. By submitting an order, the Buyer makes an irrevocable offer to the Seller to conclude a Purchase Contract for the goods entered into the electronic shopping cart of the Online Store and agrees to these Terms and Conditions.

3.7 By submitting an order by clicking on the „ORDER AND PAY“ button within the Online Shop, the Buyer agrees to these Terms and Conditions and declares that he/she has had the opportunity to read these Terms and Conditions before completing the order. These terms and conditions are also available to the Buyer in their current form at any time within the Online Shop and are sent to the Buyer as part of the confirmation of the registration of his/her user account or as part of each order.

3.8 The Seller shall be entitled not to accept an order which is not made in accordance with these terms and conditions with the Seller's consent or to return it to the Buyer for completion and to give the Buyer a reasonable period of time to do so. Failure to do so shall result in the Buyer's order being deemed never to have been delivered. This is without prejudice to the provisions of Article 1.2 of these Terms and Conditions relating to orders with a place of delivery outside the territory of the Czech and Slovak Republics.

3.9 Immediately upon receipt of the Buyer's order, the Seller shall confirm to the Buyer the receipt (acceptance) of such order by e-mail to the e-mail address provided by the Buyer when registering his/her user account or in the order („Buyer's e-mail address“). In the event that the Seller does not accept the relevant order of goods within 2 working days, the Buyer shall not be bound by the order.

3.10 The Buyer has the right to cancel the order (change and correct it), i.e. to withdraw his proposal for the conclusion of the Purchase Contract, without any penalties until the moment of acceptance of the proposal for the conclusion of the Purchase Contract.

3.11 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) before the conclusion of the Purchase Contract.

3.12 The Purchase Contract shall be concluded between the Seller and the Buyer at the moment of receipt of confirmation of acceptance of the Buyer's order by the Seller, thereby the Seller shall be obliged to procure and deliver the goods in accordance with the Purchase Contract, including related services, if any, and these Terms and Conditions, and the Buyer shall be obliged to accept the goods and related services and pay the agreed price.

3.13 For the avoidance of doubt, the Purchase Contract shall not be concluded if the Buyer's order is not accepted by the Seller in accordance with clause 3.12 of these Terms and Conditions or is accepted with reservation. The Buyer acknowledges that the Seller shall not be obliged to conclude the Purchase Contract with the Buyer, in particular if the Buyer is a person who has previously materially breached the Purchase Contract or these Terms and Conditions or is in default in the payment of due obligations to the Seller.

3.14 The Seller reserves the right not to deliver the selected Goods to the Buyer in exceptional cases, in particular if the Online Shop has mistakenly provided obviously erroneous or non-standard information, in particular about the Goods ordered, their price or delivery date, or if the Goods are sold out and permanently unavailable. In such cases, the Seller undertakes to refund to the Buyer the amount of money paid under the Purchase Contract.

3.15 The Seller reserves the right not to deliver the order to the Buyer in the event that the Buyer repeatedly fails to take delivery of previous orders and fails to respond to calls for acceptance, thereby incurring additional shipping costs for the Seller.

3.16 Costs incurred by the Buyer when using remote means of communication in connection with the conclusion and performance of the Purchase Contract (internet connection costs, telephone call costs) shall be borne solely by the Buyer.

3.17 Information on completed orders and concluded Purchase Contracts is archived in the web interface of the shop for at least five years from their conclusion, but no longer than for the period according to the relevant legislation. This information is not accessible to third parties.

4.1 The price of the goods is valid at the time of the Seller's offer on the Online Store. Payments for delivery of the goods, other services and any other charges are not included in the price of the goods, but are charged separately and the total final price including all taxes and fees, which the Buyer is obliged to pay in case of conclusion of the Purchase Contract, is increased by their amount, which the Buyer is informed about before sending (confirming) the order.

4.2 The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the ways offered by the web interface of the shop within the order process, always depending on the current capabilities of the Seller, the type and quantity of goods ordered.

4.3 Together with the Purchase Price, the Buyer is also obliged to pay to the Seller the costs associated with the packaging and delivery of the goods in the agreed amount, or other costs for selected services (insurance, etc.), as selected by the Buyer within the order process.

4.4 In the case of payment in cash or in the case of payment on delivery (if these payment options are enabled by the web interface of the shop), the purchase price for the goods is payable upon receipt of the goods.

4.5 In the case of non-cash payment, if the Online Store allows this form of payment, the purchase price is due within 7 days of the conclusion of the Purchase Contract; in case of delay in payment of the purchase price, the Seller is entitled to withdraw from the respective Purchase Contract. In the case of non-cash payment by bank transfer, if this payment option is enabled by the web interface of the Shop, the Buyer is obliged to pay the purchase price of the goods to the Seller's account together with the indication of the variable symbol of payment; these data will be communicated to the Buyer's e-mail address as part of the order confirmation according to Article 3.12 of these Terms and Conditions. The Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.

4.6 The Seller shall be entitled, in particular in the event that the Buyer fails to accept the order pursuant to Article 3.12 of these Terms and Conditions, to require payment of the full purchase price before the goods are dispatched to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.

4.7 The Goods shall remain the property of the Seller until full payment and acceptance of the Goods by the Buyer. The risk of damage to the goods shall pass upon acceptance of the goods by the Buyer.

4.8 The Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax in the amount according to the applicable legislation of the Czech Republic. The Seller shall issue the tax document - invoice to the Buyer only after payment of the purchase price of the goods and shall hand over the physical form together with the goods upon delivery or electronically to the Buyer's e-mail address.

5.1 For customers with a user account enrolled in the NUTREND Loyalty Club, the benefits of the NUTREND CLUB apply.

5.2 Further details regarding the benefits of NUTREND Club membership are set out in the NUTREND Club Membership Terms and Conditions, which are available on the Seller's website.

6.1 Transportation of goods from the concluded Purchase Contract is carried out in the manner chosen by the Buyer during the order process. In the event that the method of transport is agreed upon at the Buyer's specific request, the Buyer bears the risk and any additional costs associated with this method of transport.

6.2 The Seller undertakes to deliver the Goods to the Buyer within the period specified in the Purchase Contract, but no later than one (1) week from the conclusion of the Purchase Contract, unless the parties agree otherwise. The Buyer acknowledges that the delivery date indicated in the web interface of the Shop is only indicative and will depend on the chosen carrier.

6.3 If the Seller is to dispatch the Goods to the Buyer, they shall be handed over to the Buyer at the moment when the carrier hands them over to the Buyer or a person designated by the Buyer. However, if the carrier has been appointed by the Buyer without having been offered by the Seller, the goods shall be handed over to the Buyer at the time when the Seller hands them over to that carrier. The Buyer's rights against the carrier are not affected.

6.4 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. The Seller, or its carrier, shall inform the Buyer by e-mail of the date of delivery of the goods to the place designated by the Buyer when the goods are dispatched from the warehouse. No later than on the day of delivery, the Seller's carrier shall inform the Buyer of the exact time of delivery of the goods. In the event that the Buyer does not take delivery of the goods at the agreed time or it is not possible to deliver them for reasons on the Buyer's side, even repeatedly at an alternative time, the goods shall be returned to the Seller.

6.5 In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

6.6 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the relevant carrier immediately. In the event that the packaging is found to have been breached indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.

6.7 The Buyer is obliged to take delivery of the ordered goods and to properly inspect and check the goods upon receipt.The Buyer shall confirm the receipt of the goods in writing on the delivery note, thereby confirming in particular the conformity in quantity and type of goods received with the data specified in the delivery note.If it is not possible to inspect the goods on receipt, the Buyer shall do so immediately thereafter and notify the Seller of any defects found in accordance with Article 7 of these Terms and Conditions.

6.8 In the event that the goods are damaged during their transport by the carrier, the Buyer shall be obliged to make a record of the damage to the transported goods with the carrier and not to accept the delivered goods. If the damage caused by transport is discovered by the Buyer after the goods have been received, the Buyer must immediately, but no later than 24 hours after delivery, inform the Seller of this fact by e-mail at info@nutrend.cz.6.9 Shipments that are returned to the Seller as unclaimed shall only be resent to the Buyer at the Buyer's request, and the Buyer shall always be obliged to pay the Seller the postage for resending.

6.10 Further rights and obligations of the parties in the carriage of goods may be governed by the Seller's or the relevant carrier's special delivery conditions, which have been notified to the Buyer in advance.

7.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2 The Seller is liable to the Buyer for the fact that the sold goods are in conformity with the Purchase Contract, in particular that they are free from defects. In particular, the Seller is liable to the Buyer that at the time of acceptance: (a) the goods correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility and other agreed characteristics; (b) the goods are fit for the purpose for which the Buyer requires them and to which the Seller has agreed; c) the goods are supplied with the agreed accessories and instructions for use.

7.3 If the Seller does not separately warn the Buyer before the conclusion of the Purchase Contract that any of the characteristics of the goods differ and the Buyer does not expressly agree to this, the Seller shall furthermore be liable to the Buyer that in addition to the agreed characteristics within the meaning of Article 7.2 that the goods: (a) is fit for the purpose for which goods of that kind are normally used, including with regard to the rights of third parties, legislation, technical standards or codes of practice of the industry, if there are no technical standards; (b) in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, corresponds to the usual characteristics of goods of the same kind which the Buyer can reasonably expect, including having regard to public statements made by the Seller or any other person in the Seller's contractual chain, in particular advertising or labelling. The Seller shall not be bound by a public statement pursuant to the preceding sentence if it proves that it was not aware of it or that it was modified at the time of the conclusion of the Purchase Contract in a manner at least comparable to that in which it was made or that it could not have influenced the purchase decision; (c) it is supplied with such accessories, including packaging and other instructions for use, as the Buyer may reasonably expect; and (d) corresponds in quality or workmanship to the sample or sample provided by the Seller to the Buyer prior to the conclusion of the Purchase Contract.

7.4 If a defect becomes apparent within one (1) year of receipt, the goods shall be deemed to have been defective upon receipt, unless the nature of the goods precludes this; this period shall run for the period of time during which the Buyer cannot use the goods, if the Buyer has rightfully pointed out the defect The Buyer shall be entitled to claim the right from the defect that occurs in the goods within two (2) years from the acceptance, unless otherwise agreed; if the Buyer has rightfully pointed out the defect to the Seller, the period according to the previous sentence shall not run for the period of time during which the Buyer cannot use the goods. This shall not apply to such defects of the goods which are subject to a specified minimum shelf life and for which the Buyer may only exercise the right from such defect if the defect occurs within the period of such minimum shelf life. If the Buyer fails to notify the defect without undue delay after it could have been discovered by timely inspection and due diligence, the court shall not grant the Buyer the right of defective performance.

7.5 The Buyer shall not be entitled to the right of defective performance if he himself caused the defect.

7.6 Wear and tear caused by normal use or, in the case of a used item, wear and tear corresponding to the extent of its previous use, shall not constitute a defect in the item.

7.7 The Buyer has the right to file a claim with the Seller, at any of its premises where the acceptance of the claim is possible with regard to the range of goods sold, or at its headquarters; the Buyer may file a claim preferably by e-mail at info@nutrend.cz, by sending it to NUTREND D.S., a.s. (Customer Centre), Chválkovice 604, 779 00 Olomouc or by telephone during the working hours of the Seller's Customer Centre at 800 750 750. The Buyer is obliged to file a claim within a period of time without undue delay after the Buyer became aware of the defect or should have and could have become aware of the defect. When making a claim, the Buyer shall prove the origin of the Goods by presenting the invoice, the Purchase Contract or the acceptance of the order, or the warranty certificate, if issued with the Goods. If the Buyer is unable to provide the necessary documents, he is obliged to prove the conclusion of the Purchase Contract in another verifiable manner.

7.8 If the goods are defective, the Buyer may demand their removal. At his option, he may demand the delivery of a new item without defect or the repair of the item, unless the chosen method of removing the defect is impossible or unreasonably costly compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value the item would have without the defect and whether the defect can be removed by the other method without considerable difficulty for the Buyer.

7.9 The Seller may refuse to remedy the defect if it is impossible or unreasonably costly to do so, having regard in particular to the significance of the defect and the value the item would have had without the defect.

7.10 The Seller shall remedy the defect within a reasonable time after it has been pointed out so as not to cause the Buyer significant inconvenience, taking into account the nature of the item and the purpose for which the Buyer purchased the item.

7.11 The Seller shall take possession of the item at his own expense to remedy the defect. If this requires the dismantling of the item, the assembly of which was carried out in accordance with the nature and purpose of the item before the defect became apparent, the Seller shall dismantle the defective item and assemble a repaired or new item or pay the costs thereof.

7.12 If the Buyer does not take possession of the item within a reasonable time after the Seller has informed him of the possibility to take possession of the item after repair, the Seller shall be entitled to the storage fee; if the parties do not agree on the amount, the usual amount shall be deemed to be agreed.

7.13 The Buyer may demand a reasonable discount or withdraw from the Purchase Contract if: (a) the Seller has refused to remedy the defect or has not remedied it in accordance with Articles 7.8 and 7.9; b) the defect is repeated; c) the defect is a material breach of the Purchase Contract; or d) it is apparent from the Seller's statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial hardship to the Buyer.

7.14 The reasonable discount shall be determined as the difference between the value of the item without defect and the defective item received by the Buyer.

7.15 The Buyer may not withdraw from the Purchase Contract if the defect in the item is insignificant; the defect shall be deemed not to be insignificant.

7.16 If the Buyer withdraws from the Purchase Contract, the Seller shall refund the Purchase Price to the Buyer without undue delay after he receives the item or after the Buyer proves that he has sent the item.

7.17 The provisions set out in this clause 7 of these terms and conditions shall not apply if: (a) a defect already existed at the time of acceptance and a discount on the purchase price is agreed for such defect; b) the defect was caused by the Buyer and was caused by unprofessional handling or treatment of the goods; c) the defect has been caused by excessive loading or use in conditions other than those appropriate to the goods; (d) the defect was caused by the Buyer and was caused by improper use, storage or improper maintenance contrary to the Seller's and manufacturer's instructions or other action by the Buyer or mechanical damage; or (e) the defect was caused by an external event beyond the Seller's control.

7.18 The Seller shall, on making a claim, issue the Buyer with a confirmation of when the Buyer exercised the right, what is the subject of the claim and what method of settlement the Buyer requires and the Buyer's contact details for the purpose of providing information on the settlement of the claim.

7.19 Complaints, including the removal of defects, must be settled and the Buyer must be informed of this within thirty (30) days of the date of the complaint, unless the Seller and the Buyer agree on a longer period. If the Seller fails to settle the complaint within the specified time and does not inform the Buyer of the manner of its settlement, the Buyer in the position of a consumer is entitled to withdraw from the Purchase Contract or to demand a reasonable discount from the purchase price.

7.20 The Seller is obliged to issue the Buyer with a confirmation of the date and manner of settlement of the complaint, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the complaint.

7.21 The Buyer is not entitled to the warranty if the defect is caused by an external event after the risk of damage to the item has passed to the Buyer.

7.22 Further rights and obligations of the parties relating to the Seller's liability for defects and the warranty for quality may be regulated by the Seller's Complaints Regulations.

8.1 The Seller processes the Buyer's personal data in accordance with the General Data Protection Regulation (EU) 2016/679, Act No. 110/2019 Coll., on the processing of personal data, and other related or implementing regulations in the field of personal data protection for the purpose of the performance of the Purchase Agreement. Such data includes, in particular, data provided by the Buyer at the conclusion of the Purchase Contract or provided in mutual communication with the Seller.

8.2 More detailed information on the processing of personal data, including the issue of storing cookies on the Buyer's computer, is contained in a separate document Personal Data Processing Policy, which is part of each Purchase Agreement.

9.1 The Buyer shall be entitled to withdraw from the Purchase Contract in accordance with the provisions of Section 1829(1) of the Civil Code within 14 days, which shall commence upon receipt of the goods by the Buyer or a third party designated by the Buyer other than the carrier, provided that if the subject of the Purchase Contract is (i) multiple items of goods that are delivered separately, this period shall commence on the date of receipt of the last item of goods and (ii) goods consisting of multiple items or parts, this period shall commence on the date of receipt of the last item or part of goods. The withdrawal from the Purchase Contract shall also be deemed effective if the withdrawal is sent to the Seller on the last day of the period to the following address: NUTREND D.S., a.s. (Customer Centre), Chválkovice 604, 779 00 Olomouc. In the event of the Buyer's withdrawal from the Purchase Contract, the Purchase Contract shall be cancelled from the beginning.

9.2 The Buyer is entitled to withdraw from the Purchase Agreement according to Article 9.1 of the Terms and Conditions by means of any unambiguous statement made to the Seller (among others, delivered to the address of the Seller's registered office or business premises, to the Seller's e-mail address indicated in the form or by phone to the Seller's contact line). To meet the deadline for withdrawal from the Purchase Contract, it is sufficient to send the withdrawal from the Purchase Contract before the expiry of the said deadline. For withdrawal from the Purchase Agreement, the Buyer may also use the sample form provided by the Seller, which is an annex to these Terms and Conditions.

9.3 In the event of withdrawal from the Purchase Agreement pursuant to Article 9.1 of the Terms and Conditions, the Purchase Agreement shall be cancelled from the outset. If the Buyer withdraws from the Purchase Contract, the Buyer shall send or hand over to the Seller the goods received from the Seller without undue delay, at the latest within 14 days of withdrawal from the Purchase Contract. The Buyer shall prove the origin of the goods by enclosing a proof of purchase or other document proving the conclusion of the Purchase Contract. The costs of returning the goods shall be borne by the Buyer.

9.4 If the Buyer withdraws from the Purchase Contract, the Seller shall return to the Buyer without undue delay, but no later than within 14 days of withdrawal from the Purchase Contract, all funds (the purchase price of the delivered goods), including delivery costs, received from the Buyer under the Purchase Contract in the same manner. The Seller shall not be obliged to return the funds received to the Buyer before it receives the goods or before the Buyer proves that it has sent the goods back, whichever is earlier.

9.5 However, if the Buyer has chosen a delivery method other than the cheapest delivery method offered by the Seller in its Online Shop when ordering the goods, the Seller shall refund the Buyer the cost of delivery of the goods only in the amount corresponding to the cheapest delivery method offered.

9.6 The Buyer is obliged to return the Goods in their original packaging or packaging that prevents damage to the Goods in transit, in complete condition, including all accessories that were delivered with the Goods. The Buyer shall be liable to the Seller for any diminution in the value of the Goods if the Buyer has handled the Goods in a manner other than that necessary to acquaint him with the nature, characteristics and functionality of the Goods and the diminution in the value of the Goods is due to such handling or is any wear and tear or damage to the Goods beyond the normal testing of the Goods in the normal course of a bricks and mortar purchase.

9.7 The Buyer may not withdraw from the Purchase Contract in the case of such Goods which, by their nature, have been irretrievably mixed with other Goods after delivery; Goods in sealed packaging which, for health or hygiene reasons, are not suitable for return after having been breached by the Buyer; Goods which have been manufactured to the Buyer's requirements or adapted to the Buyer's personal needs; and Perishable Goods or Goods with a short shelf life.

9.8 The Buyer agrees that the Seller shall be entitled to unilaterally set off a claim for payment for damage to the Goods following withdrawal from the Contract against the Buyer's claim for a refund of the Purchase Price.

9.9 The Buyer, who is a consumer, is also entitled to withdraw from the Purchase Contract in the event that the Seller is in delay in handing over the goods for transport for the purpose of their delivery to the Buyer, while failing to fulfill its obligation to hand over the goods for transport even within an additional reasonable period specified by the Buyer. The Buyer shall be entitled to withdraw from the Purchase Contract even without an additional period of time in the event that the Seller refuses to deliver the goods or the Buyer informs the Seller at the conclusion of the Purchase Contract that delivery within a certain time is necessary. Following the Buyer's withdrawal pursuant to this Article, the Seller shall refund to the Buyer without undue delay all monies paid by the Buyer under the Purchase Contract.

9.10 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 condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift provided together with the Goods to the Seller.

10.1 In case of application of these Terms and Conditions to the relations between the Seller and the Buyer who is not a consumer within the meaning of § 419 of the Civil Code and Article 1.4 of these Terms and Conditions, the provisions of Articles 7.2, 7.3, 7.4 and 9 of these Terms and Conditions shall not apply.

10.2 The Buyer, who is not a consumer within the meaning of § 419 of the Civil Code and Article 1.4 of these Terms and Conditions, shall be granted a guarantee for the quality of the goods for the duration of the minimum shelf life of the individual purchased goods, and if the goods do not have a specified minimum shelf life, then for a period of 12 months, starting from the receipt of the goods by the Buyer.

11.1 Unless otherwise agreed, all correspondence related to the Purchase Agreement must be delivered to the other party in writing, either by electronic mail, in person or by registered mail through a postal service provider (at the sender's option).

11.2 The Seller's delivery address, unless otherwise stated in these Terms and Conditions, shall be deemed to be the electronic address info@nutrend.cz.

11.3 The Seller's current contact details are set out on the Website.

12.1 Consumer complaints are handled by the Seller via the electronic address info@nutrend.cz. The Seller shall send information about the settlement of the Buyer's complaint to the Buyer's electronic address.

12.2 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for 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, who is a consumer, from the Purchase Contract concluded by electronic means.

12.3 The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

13.1 All legal relations between the Seller and the Buyer are governed by the law of the Czech Republic. Relationships not regulated by the Purchase Contract or these Terms and Conditions shall be governed by the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.

13.2 If any provision of the Terms and Conditions is or becomes apparent, invalid or ineffective, such invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity, nullity or ineffectiveness of one provision shall not affect the existence and validity of the other provisions. Amendments to the Purchase Agreement or the Terms and Conditions shall be in writing.

13.3 Logos and other signs are protected by the trademarks of their respective owners. Other materials published in the Online Shop may also be protected by copyright regulations. Furthermore, products and services listed on the Website, information about them and their depictions may also be protected by other intellectual property rights.

13.4 If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law to the exclusion of the application of the Vienna Convention on Contracts for the International Sale of Goods. This is without prejudice to the consumer's rights under generally binding legislation.

13.5 The sample form for withdrawal from the Purchase Contract (download as DOC | download as PDF) forms an annex to the Terms and Conditions.

13.6 These Terms and Conditions are valid and effective from 1 September 2023.