Terms and Conditions

1. Introductory provisions and definitions

1.1. The Seller means the company NOZONO s.r.o., whose identification details are stated in the heading of these Terms and Conditions. The Seller is a VAT payer.

1.2. The Buyer means any person who concludes a purchase agreement with the Seller through the e-shop. The Buyer may be:

• a consumer – a natural person who, when concluding and performing the purchase agreement, does not act within the scope of their trade or other business activity or within the independent exercise of their profession (Section 419 of the Civil Code),
• an entrepreneur – a person who concludes agreements related to their own business, manufacturing or similar activity, or in the independent exercise of their profession, or a person acting in the name of or on behalf of an entrepreneur. If the Buyer states their identification number in the order, they acknowledge that the agreement is governed by the provisions applicable to entrepreneurs.

1.3. Goods means products offered by the Seller in the e-shop, in particular food supplements, functional foods, longevity products and related cosmetic products, as well as other products listed in the current offer.

1.4. Purchase agreement means an agreement concluded between the Seller and the Buyer through the e-shop, the subject matter of which is the sale of goods.

1.5. By submitting the order, the Buyer confirms that they have become acquainted with these Terms and Conditions, an integral part of which also includes the Complaints Procedure and the Personal Data Processing Policy, and that they expressly agree to them in the version valid and effective at the time of submitting the order.

1.6. The Seller is entitled to unilaterally amend the Terms and Conditions. This provision does not affect rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

2. Information before conclusion of the agreement

The Seller hereby informs the Buyer – consumer, in accordance with Section 1811(2) and Section 1820 of the Civil Code, in particular that:

2.1. The costs of means of distance communication do not differ from the basic rate and the Seller does not charge any additional fees of its own for the use of means of distance communication.

2.2. Prices of goods are stated in the e-shop including VAT and all fees stipulated by law. The costs of delivery of goods are stated separately and vary depending on the selected method of delivery and payment.

2.3. The purchase price is payable at the moment of conclusion of the agreement, or in the manner according to the selected payment method stated in the order.

2.4. The Seller does not require a deposit or any other similar payment. This does not affect the conditions of certain payment methods (e.g. payment in advance).

2.5. In the case of an agreement concluded remotely, the consumer has the right to withdraw from the agreement within 90 days from the date of receipt of the goods, without stating any reason. Details are provided in Article 8.

2.6. In the event of withdrawal from the agreement, the consumer shall bear the costs associated with returning the goods to the Seller.

2.7. The agreement, or the relevant tax document, will be stored in the Seller’s electronic archive and the Buyer will not have access to it after the conclusion of the agreement. The Buyer will receive a copy of the tax document by e-mail.

2.8. In the event of a complaint, the Buyer may contact the Seller directly at info@nozono.com. The Buyer may also contact the supervisory or state oversight authority – details are provided in Article 13.

3. User account

3.1. Based on the Buyer’s registration carried out in the e-shop, the Buyer may access their user interface (hereinafter referred to as the “user account”). From their user account, the Buyer may place orders, manage their details and track purchase history.

3.2. Registration is not a condition for purchasing in the e-shop. The Buyer may also place an order without registration (“guest checkout”).

3.3. When registering and when ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data stated in the user account whenever any changes occur.

3.4. Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding information necessary for access to their user account.

3.5. The Seller may cancel the user account, in particular if the Buyer does not use their user account for more than 24 months, or if the Buyer breaches their obligations under the purchase agreement or these Terms and Conditions.

4. Order and conclusion of the purchase agreement

4.1. All presentation of goods placed in the e-shop is of an informative nature and the Seller is not obliged to conclude a purchase agreement regarding such goods. The provisions of Section 1732(2) of the Civil Code shall not apply.

4.2. The e-shop contains information about goods, including the prices of individual goods. Prices of goods are stated including value added tax and all related fees. Prices of goods remain valid for as long as they are displayed in the e-shop. This provision does not limit the Seller’s ability to conclude a purchase agreement under individually agreed conditions.

4.3. The e-shop also contains information on the costs associated with packaging and delivery of goods. Information on these costs applies only in cases where the goods are delivered within the territory of the Czech Republic, unless stated otherwise in the e-shop.

4.4. To order goods, the Buyer fills in the order form in the e-shop. The order form contains in particular information about:

• the ordered goods (the Buyer places the ordered goods in the electronic shopping cart),
• the method of payment of the purchase price of the goods, details of the requested method of delivery of the ordered goods,
• information on the costs associated with delivery of the goods
  (hereinafter collectively referred to as the “order”).

4.5. Before submitting the order to the Seller, the Buyer is allowed to check and change the data that they entered into the order, including with regard to the Buyer’s ability to identify and correct errors arising when entering data into the order. The Buyer sends the order to the Seller by clicking the button “Order with obligation to pay” (or a similarly named button). The data stated in the order are considered correct by the Seller.

4.6. Submission of the order is considered an act of the Buyer which unmistakably identifies the ordered goods, the purchase price, the person of the Buyer, the method of payment of the purchase price, and constitutes a binding proposal for a purchase agreement for the contracting parties. A condition for the validity of the order is the completion of all mandatory data in the order form, acquaintance with these Terms and Conditions and confirmation by the Buyer that they have become acquainted with these Terms and Conditions.

4.7. The Seller shall confirm receipt of the order to the Buyer without undue delay by electronic mail to the Buyer’s electronic mail address stated in the user account or in the order (hereinafter referred to as the “Buyer’s electronic address”). The confirmation also includes a summary of the order and a link to the current version of the Terms and Conditions.

4.8. The purchase agreement between the Seller and the Buyer is concluded upon delivery of the acceptance of the order, which is sent by the Seller to the Buyer by electronic mail.

4.9. The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, expected shipping costs), to request additional confirmation of the order from the Buyer (for example in writing or by telephone).

4.10. The Buyer agrees to the use of means of distance communication when concluding the purchase agreement. Costs incurred by the Buyer when using means of distance communication in connection with concluding the purchase agreement (internet connection costs, telephone call costs) shall be borne by the Buyer themselves, and these costs do not differ from the basic rate.

5. Price of goods and payment terms

5.1. The Buyer may pay the price of the goods and any costs associated with delivery of the goods under the purchase agreement to the Seller by the following methods:

• Online payment card – payment is secured by a third-party payment gateway (e.g. GoPay, ComGate, Stripe). Card payment is carried out in a secure 3D Secure environment.
• Apple Pay / Google Pay – fast and secure payment through a mobile wallet.
• Bank transfer to the Seller’s account stated in the order confirmation; the goods are dispatched after the amount has been credited to the Seller’s account.
• Cash on delivery at the place specified by the Buyer in the order (payment to the carrier upon receipt of the goods); a fee stated in the e-shop is charged for this payment method.

5.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with delivery of the goods.

5.3. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the payment reference, which is usually the order number. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.

5.4. In the case of payment by bank transfer, the purchase price is due within 7 days from the conclusion of the purchase agreement. If the purchase price is not paid within this period, the Seller is entitled to withdraw from the purchase agreement.

5.5. The Seller is a value added tax payer. The Seller shall issue the tax document – invoice to the Buyer after payment of the purchase price of the goods and send it in electronic form to the Buyer’s electronic address. The Buyer agrees to this method of delivery of the tax document.

5.6. Any discounts on the price of goods provided by the Seller to the Buyer may not be combined unless expressly stated otherwise for a specific discount campaign.

5.7. Promotional prices are valid while stocks last if the number of units of promotional goods is stated, or for a specified period of time.

6. Delivery terms (shipping)

6.1. The Seller delivers goods within the Czech Republic. International delivery is possible by individual agreement.

6.2. The method of delivery of the goods is determined by the Buyer in the order. The Seller offers the following shipping methods:

• Zásilkovna (Packeta) – delivery to a pick-up point or Z-BOX,
• PPL – courier delivery to the specified address,
• GLS – courier delivery to the specified address.

Current shipping rates are stated in the order form and depend on the selected carrier, payment method and the weight/size of the shipment.

6.3. If the method of transport is agreed based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

6.4. If under the purchase agreement the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or by a different method than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different method of delivery.

6.5. Goods are generally dispatched within 2 working days from the conclusion of the purchase agreement (in the case of advance payment, within 2 working days from the payment being credited to the Seller’s account), if in stock. For goods marked “in stock at supplier” or similarly, the delivery period is longer and is stated for the specific product.

6.6. Upon receipt of the goods from the carrier, the Buyer is recommended to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. If damage to the packaging is found indicating unauthorized intrusion into the shipment, the Buyer does not have to accept the shipment from the carrier.

6.7. Further rights and obligations of the parties in the transport of goods may be regulated by the Seller’s special delivery terms, if issued by the Seller.

7. Transfer of risk of damage to the goods

7.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.

7.2. The risk of damage to the goods passes to the Buyer at the moment of their receipt. In the event of the Buyer’s delay in accepting the goods, the risk of damage to the goods passes to the Buyer at the moment when the Seller enabled the Buyer to handle the goods and the Buyer did not accept the goods in breach of the purchase agreement.

9. Rights arising from defective performance and complaints procedure

9.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations, in particular 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.

9.2. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that the goods:

• correspond to the agreed description, type and quantity, as well as quality, functionality and other agreed characteristics,
• are suitable for the purpose for which the Buyer requires them and with which the Seller agreed,
• are supplied with the agreed accessories and instructions for use, including a manual,
• correspond to the usual characteristics of items of the same kind which the Buyer may reasonably expect, including with regard to public statements made by the Seller or the manufacturer,
• are in the corresponding quantity, measure or weight, and
• comply with the requirements of legal regulations.

9.3. The Buyer – consumer is entitled to exercise rights arising from a defect that occurs in consumer goods within 24 months from receipt. For goods marked with a best before date (in particular food supplements and functional foods), the period for exercising rights arising from defective performance is limited by the use-by date stated on the packaging of the goods (Section 2167 of the Civil Code).

9.4. If a defect becomes apparent within 12 months from the consumer’s receipt of the goods, it is presumed that the goods were defective already upon receipt, unless the nature of the goods or the defect excludes this.

9.5. If the goods have a defect, the Buyer may request its remedy. At their choice, the Buyer may request delivery of new goods free from defects or repair of the goods, unless the chosen method of remedy is impossible or disproportionately costly compared to the other.

9.6. The Buyer may request a reasonable discount or withdraw from the agreement if:

• the Seller refused to remedy the defect or failed to remedy it in accordance with the law,
• the defect occurs repeatedly,
• the defect constitutes a material breach of the agreement, or
• it is apparent from the Seller’s statement or from the circumstances that the defect will not be remedied within a reasonable time or without considerable inconvenience to the Buyer.

The Buyer may not withdraw from the agreement if the defect of the goods is insignificant.

9.7. A complaint may be made by sending the complained goods (preferably with a cover letter containing a description of the defect, the order number and the chosen method of resolution) to the address of the Seller’s registered office: NOZONO s.r.o., Butovická 921, Butovice, 742 13 Studénka, or by notifying the defect by e-mail to info@nozono.com.

9.8. The Seller shall issue the consumer a written confirmation of when the complaint was made, what its content is, and what method of resolution of the complaint is requested, by e-mail immediately after receipt of the complaint. Further, a confirmation of the date and method of resolution of the complaint, or a justification of rejection of the complaint.

9.9. The Seller shall decide on the complaint of the Buyer – consumer immediately, in complex cases within three working days. This period does not include time appropriate according to the type of product necessary for expert assessment of the defect. The complaint, including remedy of the defect, must be resolved without undue delay, no later than within 30 days from the date it is made, unless the Seller agrees with the Buyer on a longer period. Expiry of this period without result is considered a material breach of the agreement and the Buyer has the right to withdraw from the purchase agreement or request a reasonable discount.

9.10. The Buyer may not exercise rights arising from defective performance, in particular in the following cases:

• it concerns goods whose use-by period (best before date) stated on the packaging has already expired,
• the defect arose due to improper storage of the goods by the Buyer (in particular failure to comply with temperature and humidity conditions, exposure to direct sunlight or another adverse effect),
• the defect arose due to improper handling, use contrary to the instructions or usual purpose,
• it concerns a change in the characteristics of the goods arising as a result of wear and tear or normal use.

11. Regular supply (food supplement subscription)

11.1. NOZONO offers Buyers a regular supply service for selected products, consisting of automatic recurring delivery of the ordered goods at the interval selected by the user (hereinafter referred to as the “regular supply”).

11.2. By ordering regular supply, the Buyer concludes a framework agreement on the basis of which, at regular intervals, a partial purchase agreement for the delivery of specific goods is automatically concluded. The Buyer is informed by e-mail of each partial delivery (dispatch date, order content and payment amount) at the moment it is created.

11.3. When ordering regular supply, the Buyer receives a discounted price, the amount of which is stated for the specific product. This price is conditional on the continuation of the regular supply – in the event of its termination before the minimum number of deliveries has been completed (if stipulated), the Seller may charge the difference between the discounted and standard price of the goods already delivered.

11.4. The Buyer may modify, pause or terminate the regular supply at any time, through their user account or by e-mail to info@nozono.com. The change will be reflected in the first delivery that has not yet been dispatched at the time the change is received.

11.5. Payment for partial deliveries within the regular supply is made by the method selected when setting up the supply – usually recurring payment from the Buyer’s payment card. The Buyer agrees that payment data will be stored by the payment gateway provider in accordance with its security standards (PCI DSS).

11.6. The other provisions of these Terms and Conditions (in particular regarding withdrawal from the agreement, complaints, shipping, etc.) shall apply mutatis mutandis to partial deliveries within the regular supply.

12. Personal data protection

12.1. Personal data protection of the Buyer who is a natural person is provided by Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data (GDPR), and Act No. 110/2019 Coll., on the Processing of Personal Data.

12.2. Detailed information on the processing of Buyers’ personal data, their rights and the method of exercising those rights is provided in a separate document “Personal Data Processing Policy”, which is available on the e-shop website.

12.3. The Buyer agrees to the processing of personal data to the extent necessary for performance of the purchase agreement and to their transfer to third parties in connection with delivery of the goods (in particular carriers), payment (payment service providers) and accounting.

13. Out-of-court settlement of consumer disputes

13.1. Dear consumer, if you believe that we have caused you harm or failed to meet our obligations, please write to our e-mail address info@nozono.com.

13.2. If we are unable to resolve the dispute directly, you have the right under Act No. 634/1992 Coll., on Consumer Protection, to an out-of-court settlement of a consumer dispute arising from the purchase agreement. The authority competent for out-of-court settlement of consumer disputes arising from the purchase agreement is:

13.3. The consumer may also use the online dispute resolution platform established by the European Commission at ec.europa.eu/consumers/odr.

13.4. The Seller is authorized to sell goods on the basis of a trade licence. Trade licensing supervision is carried out by the competent trade licensing office within its competence. Supervision of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority also performs, within a defined scope, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection.

14. Delivery of notices

14.1. Unless agreed otherwise, all correspondence related to the purchase agreement must be delivered to the other contracting party in writing, either by electronic mail, in person or by registered mail through a postal service provider (at the sender’s choice). Delivery to the Buyer shall be made to the electronic address stated in their user account or in the order.

14.2. Delivery to the Seller may be made to the address of the registered office (Butovická 921, Butovice, 742 13 Studénka), to the e-mail address info@nozono.com or to the data box ID mrkii74.

15. Final provisions

15.1. If a relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

15.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

15.3. The purchase agreement including the Terms and Conditions is archived by the Seller in electronic form and is not publicly accessible.

15.4. An appendix to the Terms and Conditions is the sample form for withdrawal from the purchase agreement.

15.5. Seller’s contact details: delivery address NOZONO s.r.o., Butovická 921, Butovice, 742 13 Studénka, e-mail address info@nozono.com.