Business terms and conditions

GENERAL TERMS AND CONDITIONS

Seller MoreThanNuts

Lancer International s.r.o. (hereinafter referred to as the "Seller")

with registered office at Platnéřská 90/13, 110 00 Prague 1 - Staré Město

Number: 07628111

VAT number: CZ07628111

registered in the Commercial Register kept by the Municipal Court in Prague under the file number C 302998

The seller Lancer International s.r.o. is also the operator of the web interface of the store at morethannuts.cz, through which it operates a retail store, and the holder of the trademark More Than Nuts.

Contact MoreThanNuts

phone: +420 734 364 344

e-mail: info@morethannuts.cz (also used for delivery according to these terms and conditions)

Facebook: https://www.facebook.com/morethannuts-107438204359907

Instagram: https://www.instagram.com/more.than.nuts/

Banking connection:Account No.: 292739201/0300.,led in Československá obchodní banka,a.s.(Czech Republic)

General Provisions

These general terms and conditions (hereinafter referred to as "terms and conditions") regulate in accordance with the provisions of §1751 paragraph 1 and related to Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code") the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store located on the web interface morethannuts.cz.
The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of his business or other self-employed activity when ordering goods.
Different provisions may be expressly agreed in the purchase contract, which in such a case take precedence over the provision of the terms and conditions in question.
Unless otherwise specified, the terms and conditions are an integral part of the purchase contract. The valid text of the purchase contract and the terms and conditions is in the Czech language.
The Seller reserves the right to unilaterally change or amend the terms and conditions. The rights and obligations arising during the validity of the current version of the terms and conditions are not affected.

Closing the purchase contract and ordering goods

The presentation of the goods, which is placed on the web interfacemorethannuts.cz, is only informative (indicative) and marketing character, and becomes binding in the scope of price and quantity only at the conclusion of the purchase contract by the consent of the seller and the buyer. The Seller reserves the right not to conclude a purchase contract in respect of the goods so presented. The Terms and Conditions exclude the application of the provisions of Section 1732 (2) of the Civil Code. The Seller is not responsible for the presentation of goods displayed on other websites.
Ordering the goods takes place by the buyer placing the goods in the basket within the web interface morethannuts.cz and explicitly confirming (sending) the order, while the validity of the prices is determined by the final confirmation of the order by the seller. This is without prejudice to the possibility of concluding a purchase contract under individually agreed conditions.
Prices include VAT and do not include the price of packing and shipping, which is quoted separately in the order. This applies only in cases where the goods are delivered in the Czech Republic and the Slovak Republic.
The Seller does not guarantee the availability of the presented goods. In the event of a shortage of any of the ordered goods, the item will be removed from the order and the purchase price will be reduced or part of it refunded if paid together with the order confirmation. Due to the illustrative nature of the goods presented, the actual appearance of the goods delivered may vary slightly.
To order goods, the buyer fills in the order form in the web interface of the store. The order (order form) contains in particular information about:

ordered goods, which are displayed on the basis of insertion into the electronic shopping cart,
the method of payment of the purchase price,
details of the required method of delivery of the ordered goods, the data required for delivery and the costs associated with the delivery of the goods (hereinafter referred to as the "order").

The information provided in the order is considered correct by the seller.

Before confirming the order, the buyer has the opportunity to check and change its details, correct errors, etc. The buyer confirms the order by clicking on the "order" button.
All orders confirmed by the buyer by clicking on the "send order" button are binding. The buyer hereby confirms that he/she has been informed of the terms and conditions of sale and complaints. By clicking on the "send order" button, the Buyer declares that he/she has provided correct and complete delivery and billing information.Confirmation of the order shall be deemed to be such an act of the Buyer that identifies in an unquestionable manner the goods ordered, the purchase price, the Buyer's person, the method of payment of the purchase price and delivery of the goods, and shall constitute a binding proposal of a purchase contract valid for 15 days for the parties. As a condition for the validity of the order, the buyer shall fill in all mandatory data in the order form and confirm that he/she has read these terms and conditions on the web interface of the shop.
The buyer agrees to the use of remote means of communication in concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (e.g. costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.
The Seller is always entitled, depending on the nature of the order (e.g. quantity of goods, amount of the purchase price, expected shipping costs) to ask the Buyer for additional (extraordinary) confirmation of the order by remote means of communication.
The contractual relationship (purchase contract) between the Seller and the Buyer arises upon delivery of information about the acceptance of the order (acceptance), which is sent by the Seller to the Buyer electronically, to the electronic mail address (hereinafter referred to as the "Buyer's electronic address") and if there is no such address, to another contact of the Buyer.
In the event that any of the requirements specified in the order cannot be fulfilled, the Seller shall send the Buyer an amended offer to the Buyer's e-mail address indicating the possible variants of the order and requesting the Buyer's opinion. The amended offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such a case only upon acceptance by the buyer via e-mail.
In the event that there is an obvious error on the part of the Seller when listing the price of the goods in the online store or during the ordering process (e.g. listing the price in a different currency without correct conversion, obvious error in the quantity offered per unit price), the Seller is not obliged to deliver the goods to the Buyer at this obviously incorrect price, even if the Buyer has been sent an automatic confirmation of order acceptance. In such a case, the Seller shall immediately inform the Buyer of the error and send the Buyer an amended offer via the Buyer's e-mail address. The amended offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such a case only upon acceptance by the buyer via e-mail.

Purchase price and payment terms

Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, for the purposes of these terms and conditions, the purchase price shall also include the costs associated with the delivery of the goods.
Payment of the purchase price is possible in the following ways:

online cashless through a payment system (payment gateway)
Apple Pay
Google Pay
in cash or cashless payment by credit card upon receipt of the goods in the shop.

In case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable immediately after the conclusion of the purchase contract or together with the dispatch of the order (depending on the method of payment chosen). The buyer is obliged to pay the purchase price of the goods in cashless form together with the variable symbol of the payment.
In the case of payment through a payment gateway, the buyer follows the instructions of the relevant electronic payment provider to which he is redirected during payment.
In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's bank account, or by a guarantee from the seller's bank that the amount has been credited to the seller's account.
The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 2.9 and 2.11), to demand payment of the full purchase price before the goods are sent to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
The buyer acknowledges that any discounts on the price of the goods cannot be combined unless explicitly stated otherwise for each of them.
The Seller shall issue a tax document - invoice to the Buyer electronically in respect of payments made under the Purchase Agreement. The tax document - invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's electronic address.
According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer for certain payments (in cash). At the same time, the seller is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest, if the seller registers sales in the normal mode at the given cash point.

Delivery of goods

The goods are usually dispatched within 5 days after the order confirmation, no later than the fifth working day after the order. If the goods are damaged during transport, it is necessary to immediately claim them in person from the carrier or delivery courier.
Delivery of goods is possible in the following ways:

by PPL
personal collection at More Than Nuts branches
by sending by mail (valid for orders up to and including 9 kg).

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. If, for reasons on the Buyer's side, the delivery which was confirmed in the order is prevented, the Buyer is obliged to pay the costs associated with the re-delivery of the goods, or the costs associated with another method of delivery.
When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event that the packaging is found to be damaged, indicating that the shipment has been tampered with, the buyer may not accept the shipment from the carrier.
The buyer acquires ownership of the goods by paying the full purchase price for the goods including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking delivery of the goods or at the moment when the buyer was obliged to take delivery of the goods but failed to do so in breach of the purchase contract.
If the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
The purchaser hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.

Withdrawal from the purchase contract

Until the goods are accepted by the buyer, the seller is entitled to withdraw from the contract at any time. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer. If in such a case the seller has already incurred costs for the delivery of the goods, the purchase price shall be refunded, including these costs.
The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Purchase Agreement cannot be withdrawn from:

delivery of goods that have been modified according to the buyer's wishes or for his person,
delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
delivery of goods in closed packaging, which the buyer has removed from the packaging and for hygienic reasons cannot be returned.

Unless it is a case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract within fourteen (14) days from the receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.
The withdrawal from the purchase contract must be made in writing and sent to the address of the seller's business premises or registered office, or by means of a completed template, which forms an annex to the terms and conditions, sent by e-mail to info@morethannuts.cz. The Seller shall confirm to the consumer without undue delay the receipt of the withdrawal from the purchase contract.
In case of withdrawal, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days of the withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by normal postal means due to their nature. As a result of the withdrawal, the goods can also be returned in person at the seller's premises during normal opening hours.
In the event of withdrawal from the contract, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller. If the buyer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall reimburse the buyer for the cost of delivery of the goods in an amount equal to the cheapest method of delivery offered.
The Seller is entitled to unilaterally set off the claim for payment of damages incurred to the goods until the moment of their return against the Buyer's claim for reimbursement of the purchase price.
If the Seller provides the Buyer in connection with the conclusion of the purchase contract, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract (or partially withdraws from the purchase contract so that the condition for receiving the gift is no longer fulfilled), the gift contract with respect to such gift shall cease to be effective and the buyer shall be obliged to return the gift together with the goods to the seller.
The Seller is entitled to withdraw from the Purchase Contract due to the exhaustion of stock, unavailability of goods, non-payment of the purchase price according to the contractual terms, or when the manufacturer, importer or supplier of the goods has interrupted the production or import of goods or in the case of other unusual facts for which it cannot be fairly required to perform. The Seller shall promptly inform the Buyer via the e-mail address specified in the order and shall return all monies, including delivery costs, received from the Buyer under the contract within 14 days of the notice of cancellation in the same manner, or in the manner specified by the Buyer, as the case may be.

Responsibility for defects and the procedure for making a claim (Complaints Procedure)

The Seller shall be liable to the Buyer that the goods are free from defects on receipt, in particular the Seller shall be liable to the Buyer that at the time the Buyer took over the goods:

does the goods have the characteristics agreed between the parties and, in the absence of an agreement, do they have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising or presentation made by them, and, if the characteristics so expected cannot be determined, then the characteristics that could be expected in similar circumstances (e.g. price, place of delivery and time of conclusion of the contract of sale),
the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,
the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern,
is the goods in the appropriate quantity, measure or weight and
the goods comply with other legal requirements.

If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legal provisions, the provisions on the guarantee of quality shall apply. By guaranteeing the quality, the seller undertakes that the goods will be fit for use for their usual purpose or retain their usual characteristics for a certain period of time.
If the buyer has rightfully alleged a defect in the goods to the seller, the time limit for exercising rights from defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.
In the event of a defect, the buyer may submit a claim to the seller and demand:

exchange for new goods,
adjustment and/or replenishment of goods,
reasonable discount on the purchase price.

The buyer has the right to withdraw from the contract as a result of the right of defective performance:

if the goods have a material defect,
if he cannot use the item properly due to the recurrence of the defect or defects after modification,
in case of a large number of defects in the goods.

The Seller is obliged to accept the claim at any establishment where the claim can be accepted, or at the place of business or the place designated for the settlement of obligations. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the claim and what method of settlement the Buyer requires, as well as a confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the claim.
The Seller or his/her authorized employee will decide on the complaint immediately, in complex cases within five working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, but no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract (Article 5). The moment of claim is considered to be the moment when the expression of will of the buyer (exercise of the right of defective performance) reaches the seller.
The Seller informs the Buyer in writing of the outcome of the complaint.
The right of defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing has a defect or if the buyer caused the defect himself. The provisions on the buyer's rights from defective performance do not apply in the case of goods sold at a lower price to a defect or inferior quality for which the lower price was agreed, to wear and tear caused by the normal use of the goods, in the case of used goods to a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods.
In the case of a justified claim, the buyer is entitled to compensation for the costs incurred in connection with the claim. The buyer may exercise this right with the seller within one month after the expiry of the warranty period.
The choice of the method of claim is proposed by the buyer in consultation with the seller.
The rights and obligations of the contracting parties in the case of defects in the goods are governed by the relevant provisions of the Civil Code on proper performance, rights arising from defective performance and quality upon acceptance and Act No. 634/1992 Coll., on consumer protection.
Reclamation is made in writing via e-mail sent to info@morethannuts.cz, or in person at the seller's premises. The buyer shall indicate the order number, the order item and the description of the defect.
Reclaimed goods must be submitted or sent back to the seller's address for defect assessment, in a similar manner as in the case of withdrawal from the contract, i.e. in person or by delivery to the seller's premises.
The promotion does not apply to gifts and tastings that are delivered free of charge to the buyer.
In the case of a split order with the same billing information, there is no entitlement to an additional gift or discount on the order. Due to the automatic merging of 2 or more orders into one package.
The Seller declares that the complaint will always be resolved to the maximum satisfaction of the Buyer after informing by phone or e-mail. The Seller and the operator of the web interfacemorethannuts.cz declares that the goods or raw materials from which they are produced are transported, stored and processed in accordance with the requirements of the State Agricultural and Food Inspection Authority and that it complies with all regulations in this area. It complies with Regulation (EC) No 178/2002 and No 852/2004 of the European Parliament and of the Council and other directly applicable EU and Czech regulations.
Minimum shelf life on all goods is a minimum of 2 months when stored in a cool place up to 20°C, dry place up to 40% humidity and without access to direct sunlight. Claims may be made particularly if the goods are affected by mould, rot or pests. The minimum durability does not apply in the case of a purchase contract for goods that are presented under special conditions due to possible defects or inferior quality.

Final Provisions

If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that their mutual rights and obligations are governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legislation.
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
According to Act No. 634/1992 Coll., on Consumer Protection, the buyer as a consumer has the right to an out-of-court settlement of a consumer dispute arising from a contract. In such a case, the consumer is entitled to contact the Czech Trade Inspection Authority (Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz, website: adr.coi.cz). The out-of-court settlement of a consumer dispute is initiated exclusively at the request of the buyer in the event that the dispute has not been resolved directly with the seller. The application may be filed within 1 year from the date on which the buyer first asserted his/her right, which is the subject of the dispute, with the seller. The buyer has the right to initiate out-of-court dispute resolution online via the ODR platform available at ec.europa.eu/consumers/odr/
The European Consumer Centre Czech Republic, with its 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). The Czech Trade Inspection Authority supervises compliance with Act No 634/1992 Coll, on consumer protection.
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 (1) (e) of the Civil Code.
Annex to the terms and conditions is a sample withdrawal form.

These terms and conditions come into force on 08.03.2021

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