Terms and Conditions

1. Introductory Provisions and Definitions

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

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

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

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

1.4. The Purchase Contract means a contract concluded between the Seller and the Buyer through the e-shop, the subject of which is the sale of Goods.

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

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 Provided Prior to the Conclusion of the Contract

Pursuant to Section 1811(2) and Section 1820 of the Civil Code, the Seller hereby informs the Buyer – consumer, 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 for the use of means of distance communication.

2.2. The prices of Goods on the e-shop are stated inclusive of VAT, including all fees stipulated by law. The costs of delivering the Goods are stated separately and vary depending on the chosen method of transport and payment.

2.3. The purchase price is due at the moment the contract is concluded, or in the manner corresponding to the payment method selected in the order.

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

2.5. In the case of a contract concluded by distance means, the consumer has the right to withdraw from the contract within a period of 90 days from the date of receipt of the Goods, without giving any reason. Details are set out in Article 8.

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

2.7. The contract, i.e. the relevant tax document, will be stored in the Seller's electronic archive, and the Buyer will not have access to it after the contract has been concluded. 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 a supervisory or state oversight authority – details are set out in Article 13.

3. User Account

3.1. Based on the Buyer's registration made on the e-shop, the Buyer may access their user interface (hereinafter the "User Account"). From their User Account, the Buyer may place orders, manage their information, and view their order history.

3.2. Registration is not a condition for making a purchase on the e-shop. The Buyer may also place an order without registration (a "purchase without registration").

3.3. When registering and when ordering Goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes.

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

3.5. The Seller may cancel the User Account, in particular if the Buyer has not used their User Account for more than 24 months, or if the Buyer breaches their obligations under the purchase contract or these Terms and Conditions.

4. Order and Conclusion of the Purchase Contract

4.1. All presentation of Goods placed on the e-shop is of an informative nature, and the Seller is not obliged to conclude a purchase contract regarding such Goods. Section 1732(2) of the Civil Code shall not apply.

4.2. The e-shop contains information about the Goods, including the prices of individual items of Goods. The prices of Goods are stated including value added tax and all related fees. The prices of Goods remain valid for as long as they are displayed on the e-shop. This provision does not limit the Seller's ability to conclude a purchase contract on individually negotiated terms.

4.3. The e-shop also contains information about the costs associated with packaging and delivering the Goods. This cost information is valid only in cases where the Goods are delivered within the territory of the Czech Republic, unless stated otherwise on the e-shop.

4.4. To order Goods, the Buyer shall complete the order form on the e-shop. The order form contains, in particular, information about:

• the Goods being ordered (the ordered Goods are added by the Buyer to the electronic shopping cart),
• the method of paying the purchase price of the Goods, and information about the requested method of delivery of the ordered Goods,
• information about the costs associated with the delivery of the Goods
  (hereinafter collectively the "Order").

4.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the information they have entered into the Order, including with regard to the Buyer's ability to identify and correct errors made when entering data into the Order. The Buyer shall send the Order to the Seller by clicking the "Order with Obligation to Pay" button (or a similarly named button). The information provided in the Order is considered correct by the Seller.

4.6. The sending of the Order is considered such an act of the Buyer that unambiguously identifies the ordered Goods, the purchase price, the identity of the Buyer, and the method of payment of the purchase price, and constitutes a binding proposal of a purchase contract for the contracting parties. The validity of the Order is conditional upon the completion of all mandatory information in the order form, familiarization with these Terms and Conditions, and the Buyer's confirmation that they have familiarized themselves with these Terms and Conditions.

4.7. The Seller shall confirm receipt of the Order to the Buyer without undue delay by e-mail, sent to the Buyer's e-mail address stated in the User Account or in the Order (hereinafter the "Buyer's Electronic Address"). The confirmation shall also include a summary of the Order and a link to the current version of the Terms and Conditions.

4.8. The purchase contract between the Seller and the Buyer is concluded upon delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by e-mail.

4.9. Depending on the nature of the Order (quantity of Goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).

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

5. Price of Goods and Payment Terms

5.1. The Buyer may pay the Seller the price of the Goods and any costs associated with the delivery of the Goods under the purchase contract in the following ways:

• By payment card online – the payment is secured by a third-party payment gateway (e.g. GoPay, ComGate, Stripe). Card payments are processed in a secure 3D Secure environment.
• Apple Pay / Google Pay – a fast and secure payment via a mobile wallet.

5.2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the Goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also be understood to include the costs associated with delivery of the Goods.

5.3. In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the Goods together with stating the payment's variable symbol, which is generally the order number. In the case of non-cash 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 of the conclusion of the purchase contract. If the purchase price is not paid within this period, the Seller is entitled to withdraw from the purchase contract.

5.5. The Seller is a VAT payer. The Seller shall issue a tax document – an invoice – to the Buyer after payment of the purchase price of the Goods and shall send it in electronic form to the Buyer's Electronic Address. The Buyer agrees to this method of delivering the tax document.

5.6. Any discounts on the price of Goods granted by the Seller to the Buyer cannot be combined with one another, unless expressly stated otherwise for a specific discount promotion.

5.7. Promotional prices are valid until stock is depleted, if a quantity of the 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. Delivery abroad is possible by individual arrangement.

6.2. The Buyer determines the method of delivery of the Goods in the Order. The Seller offers the following shipping methods:

• 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 upon at the Buyer's special request, the Buyer bears the risk and any additional costs associated with such method of transport.

6.4. If, under the purchase contract, the Seller is obliged to deliver the Goods to the place specified by the Buyer in the Order, the Buyer is obliged to take delivery of the Goods. If, for reasons on the part of the Buyer, it is necessary to deliver the Goods repeatedly or by a method other than that stated in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the Goods, or the costs associated with the other method of delivery.

6.5. The Goods are generally dispatched within 2 business days of the conclusion of the purchase contract (in the case of advance payment, within 2 business days of the payment being credited to the Seller's account), provided the Goods are in stock. For Goods marked as "in stock at supplier" or similarly, the delivery period is longer and is stated for the specific product.

6.6. Upon taking delivery of the Goods from the carrier, the Buyer is advised to check that the packaging of the Goods is intact and to report any defects to the carrier without delay. If the packaging shows signs of unauthorized tampering, the Buyer need not accept the shipment from the carrier.

6.7. Further rights and obligations of the parties in the transport of Goods may be governed 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 upon payment of the full purchase price of the Goods.

7.2. The risk of damage to the Goods passes to the Buyer upon receipt of the Goods. If the Buyer is in default in taking delivery of the Goods, the risk of damage to the Goods passes to the Buyer at the moment the Seller enabled the Buyer to handle the Goods and the Buyer failed to take delivery of the Goods in breach of the purchase contract.

9. Rights from Defective Performance and Complaints Procedure

9.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the applicable 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 warrants to the Buyer that the Goods are free of defects upon receipt. In particular, the Seller warrants to the Buyer that the Goods:

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

9.3. The Buyer – consumer is entitled to exercise a right from a defect that appears in consumer goods within 24 months of receipt. For Goods marked with a minimum durability date (in particular dietary supplements and functional foods), the period for exercising rights from defective performance is limited by the expiry date marked on the packaging of the Goods (Section 2167 of the Civil Code).

9.4. If a defect becomes apparent within 12 months of the consumer's receipt of the Goods, the Goods shall be deemed to have been defective already upon receipt, unless the nature of the Goods or of the defect precludes this.

9.5. If the Goods have a defect, the Buyer may request that it be remedied. At their choice, the Buyer may request the delivery of new Goods without a defect or the repair of the Goods, unless the chosen method of remedy is impossible or, compared to the other method, disproportionately costly.

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

• the Seller refused to remedy the defect or failed to remedy it in accordance with the law,
• the defect appears repeatedly,
• the defect constitutes a material breach of the contract, 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 significant inconvenience to the Buyer.

The Buyer may not withdraw from the contract if the defect in the Goods is insignificant.

9.7. A complaint may be filed by sending the claimed Goods (preferably with a cover letter describing the defect, the order number and the requested method of resolution) to the Seller's registered office address: 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 with written confirmation of when the complaint was filed, its content, and the requested method of resolving the complaint, by e-mail immediately after receiving the complaint, as well as confirmation of the date and manner in which the complaint was resolved, or the reasoning for its rejection, as applicable.

9.9. The Seller shall decide on the complaint of the Buyer – consumer immediately, and in complex cases within three business days. This period does not include the time reasonably required, depending on the type of product, for professional assessment of the defect. The complaint, including the remedying of the defect, must be resolved without undue delay, no later than within 30 days of the date the complaint was filed, unless the Seller and the Buyer agree on a longer period. The fruitless expiry of this period is deemed a material breach of the contract, and the Buyer has the right to withdraw from the purchase contract or to request a reasonable discount.

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

• the Goods' expiry date (minimum durability date) stated on the packaging has already elapsed,
• the defect arose from improper storage of the Goods by the Buyer (in particular, failure to observe temperature and humidity conditions, exposure to direct sunlight or other adverse influence),
• the defect arose from improper handling, use contrary to the instructions or the usual purpose,
• it involves a change in the properties of the Goods resulting from their wear or normal use.

11. Subscription (Recurring Orders of Dietary Supplements)

11.1. NOZONO offers Buyers a subscription service for selected products, consisting of the automatic, recurring dispatch of the ordered Goods at an interval chosen by the user (hereinafter the "Subscription").

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

11.3. When ordering a Subscription, 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 Subscription – if it is terminated before the minimum number of deliveries has been completed (where such a minimum is stipulated), the Seller may charge the difference between the discounted price and the standard price of the Goods already delivered.

11.4. The Buyer may modify, pause or cancel the Subscription at any time, either through their User Account or by e-mail to info@nozono.com. The change shall take effect from the first delivery that has not yet been dispatched at the time the change is received.

11.5. Payment for partial deliveries under the Subscription is made in the manner chosen when setting up the Subscription – generally by recurring payment from the Buyer's payment card. The Buyer agrees that their payment details 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 contract, complaints, delivery, etc.) shall apply mutatis mutandis to partial deliveries under the Subscription.

12. Personal Data Protection

12.1. The protection of the personal data of a 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 by 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 manner of exercising such rights is set out in a separate document, the "Personal Data Processing Policy," which is available on the e-shop's website.

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

13. Out-of-Court Settlement of Consumer Disputes

13.1. Dear consumer, if you believe that we have harmed you 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, in accordance with Act No. 634/1992 Coll., on Consumer Protection, the right to the out-of-court settlement of a consumer dispute arising from the purchase contract. The entity competent for the out-of-court settlement of consumer disputes arising from the purchase contract 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 licence supervision is carried out, within its competence, by the relevant trade licensing authority. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, within a defined scope, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection.

14. Delivery of Correspondence

14.1. Unless otherwise agreed, all correspondence relating to the purchase contract must be delivered to the other contracting party in writing, either by e-mail, in person, or by registered mail through a postal services provider (as chosen by the sender). Correspondence to the Buyer is delivered to the electronic address stated in their User Account or in the Order.

14.2. Correspondence to the Seller may be delivered to the registered office address (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 the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the rights of the consumer arising from generally binding legal regulations.

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

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

15.4. The Terms and Conditions are appended by a sample form for withdrawal from the purchase contract.

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