Terms and conditions – MoreThanNuts.cz

GENERAL TERMS AND CONDITIONS AND COMPLAINTS PROCEDURE

Seller MoreThanNuts

Lancer International s.r.o. (hereinafter referred to as the “seller”)

with its registered office at Platnéřská 90/13, 110 00 Prague 1 – Old Town

IČ (Company ID): 07628111

DIČ: CZ07628111

entered in the Commercial Register kept by the Municipal Court in Prague under file no. No. C 302998

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

Contacts 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/

Bank connection: no. account: 292739201 / 0300., kept in Československá obchodní banka, a.s. (Czech Republic)

General conditions

These general business conditions (hereinafter referred to as “business conditions”) regulate in accordance with the provisions of §1751 para. 1 and related. Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter 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 morethannuts.cz web interface.
The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods during their business or other self-employed activity.
Deviating agreements may be explicitly 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 agreement. The valid wording of the purchase contract and business conditions is in the Czech language.
The seller reserves the right to unilaterally change or supplement the terms and conditions. The rights and obligations arising during the validity of the current wording of the terms and conditions are not affected.

Concluding a purchase contract and ordering goods

The presentation of goods, which is located on the web interface ethannuts.cz, is only informative (indicative) and marketing in nature, and becomes binding in the range of price and quantity only when concluding the purchase contract with the consent of the seller and buyer. The seller reserves the right not to conclude a purchase contract regarding the goods presented in this way. The business 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.
The goods are ordered by the buyer adding the goods to the cart 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 does not affect the possibility of concluding a purchase contract under individually agreed conditions.
The prices of goods include VAT and do not include the price of packaging and transport, which is quantified 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 will be returned if it was paid together with the order confirmation. Due to the illustrative nature of the presented goods, the actual appearance of the delivered goods may differ slightly.
To order goods, the buyer fills in the order form in the web interface of the store. The order (order form) contains mainly information about:

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

The data listed in the order they are deemed correct by the seller.

Before confirming the order, the buyer can check and change its data, correct errors, etc. The buyer confirms the order by clicking on the “order” button.
All orders that the buyer confirms by clicking on the “send order” button are binding. The buyer hereby confirms that he has been acquainted with the business and complaint conditions. By clicking on the “send order” button, the buyer declares that he has provided correct and complete delivery and invoicing data. Order confirmation is considered an act of the buyer that undoubtedly identifies the ordered goods, purchase price, buyer’s person, method of payment and delivery. and is a binding draft purchase agreement valid for the contracting parties valid for 15 days. The condition for the validity of the order is that the buyer fills in all mandatory data in the order form and confirms that he has read these terms and conditions on the web interface of the store.
The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (e.g. the cost of internet connection, the cost of telephone calls) shall be borne by the buyer himself.
Depending on the nature of the order (e.g. quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional (extraordinary) confirmation of the order by means of distance communication.
The contractual relationship (purchase contract) between the seller and the buyer arises from the delivery of information on the acceptance of the order (acceptance), which is sent by the seller to the buyer electronically, to the e-mail address (hereinafter “buyer’s e-mail address”), another buyer contacts.
In the event that any of the requirements specified in the order cannot be met by the seller, he will send the buyer an amended offer to the buyer’s e-mail address stating possible variants of the order and request the buyer’s opinion. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded only by acceptance by the buyer via e-mail.
In the event that there is an obvious error on the part of the seller when stating the price of goods in the online store or during ordering (e.g. stating the price in another currency without proper conversion, obvious error in the quantity offered for the unit price), the seller is not obliged to deliver the goods to the buyer. for 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 amended offer to the buyer via the buyer’s electronic address. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded only by acceptance by the buyer via e-mail.

Purchase price and payment terms

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

online cashless via payment system (payment gateway)
Apple Pay
Google Pay
cash or cashless payment card upon receipt of the goods at the store.

In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable immediately after concluding the purchase contract or together with sending the order (depending on the method of selected payment). The buyer is obliged to pay the purchase price of the goods non-cash together with the indication of the variable payment symbol.
In the case of payment through the payment gateway, the buyer follows the instructions of the relevant electronic payment provider to which he is redirected when making the payment.
In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s bank account, or delivered by the seller’s bank guarantee that the amount is credited to his account.
The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Articles 2.9 and 2.11), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
The buyer acknowledges that any discounts on the price of goods cannot be combined, unless explicitly stated otherwise for each of them.
The Seller shall issue a tax document – invoice to the Buyer electronically regarding payments made based on the purchase contract. The tax document – invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer’s electronic address.
According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer for certain payments (in cash). At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest, if the seller registers sales in the given cash desk in the normal mode.

Delivery of goods

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

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

If, according to 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 over the goods upon delivery. If, for reasons on the part of the buyer, the delivery, which was confirmed in the order, is cancelled, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, resp. costs associated with another method of delivery.
Upon receipt of 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 case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over 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 first by taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the time of receipt of the goods or the moment when the buyer was obliged to take over the goods, but did not do so in violation of the purchase contract.
If the mode of transport is contracted based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

Withdrawal from the purchase contract

Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer. In such a case, if the seller has already incurred costs with the delivery of the goods, the purchase price is refunded, including these costs.
The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract on:

delivery of goods that have been modified according to the wishes of the buyer or for his person,
the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery,
delivery of goods in a closed package, which the buyer removed from the package and for hygienic reasons it is not possible to return.

If it is not a case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days of receipt of the goods. the subject of the purchase contract is several types of goods or 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.
Withdrawal from the purchase contract must be made in writing and sent to the address of the establishment or registered office of the seller, or through a completed template, which forms an annex to the terms and conditions, sent by e-mail to info@morethannuts.cz. The seller will confirm to the consumer without undue delay the acceptance of withdrawal from the purchase contract.
In the event of withdrawal, the purchase contract is cancelled from the beginning. The goods must be returned to the seller no later than fourteen (14) days from the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods cannot be returned due to its nature by regular mail. As a result of 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 will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller. If the buyer has chosen other than the cheapest method of delivery of goods offered by the seller, the seller will reimburse the buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods until the moment of its take-back against the buyer’s right to a refund of the purchase price.
If the seller provides the buyer with a gift in connection with the conclusion of the purchase contract, the gift contract between the seller and the buyer is concluded with the condition of withdrawal from the purchase contract (or partial withdrawal from the purchase contract so that the condition for receiving gift) by the buyer, the gift contract regarding such a gift loses its effectiveness and the buyer is obliged to return the provided gift together with the goods to the seller.
The seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of goods, non-payment of the purchase price under the terms of the contract, or when the manufacturer, importer or supplier has discontinued production or import of goods or other unusual events for which it cannot be fairly required performance. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days of notification of withdrawal from the purchase contract all funds, including delivery costs received from him under the contract, in the same way or in the manner specified by the buyer .

Liability for defects and procedure for making a complaint (Complaints Procedure)

The seller is responsible to the buyer that the goods are free of defects upon receipt, in particular the seller is responsible to the buyer that at the time when the buyer took over the goods:

the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the seller or manufacturer with regard to the nature of the goods and on the basis of advertising or presentation by them, and , then the characteristics that can be expected in similar circumstances (eg price, place of delivery and time of conclusion of the purchase contract),
the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
the goods are in the appropriate quantity, measure, or weight; and
the goods comply with other legal requirements.

If, in accordance with other legislation, the period for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising, the provisions on the quality guarantee shall apply. By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period or that they will retain their usual properties.
If the buyer has rightly criticized the seller for the defect of the goods, the period for exercising the rights arising from the defective performance or the warranty period does 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 complaint to the seller and request:

exchange for new goods,
modification and / or addition of goods,
reasonable discount from the purchase price.

As a result of the right to defective performance, the buyer has the right to withdraw from the contract, namely:

if the goods have a substantial defect,
if he cannot use the thing properly due to the recurrence of the defect or defects after adjustment,
in case of a larger number of defects of the goods.

The seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, or in the place of business or the place designated for the settlement of obligations. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification. rejection of the complaint.
The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within five working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be resolved immediately, but no later than 30 days from the date of the complaint, unless the seller agrees with the buyer on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract (Article 5). The moment of claim is the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.
The seller informs the buyer in writing about the result 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 rights of the buyer from defective performance shall not apply to goods sold at a lower price for a defect or lower quality, for which a lower price was agreed, to wear and tear caused by normal use, to used goods to a defect corresponding to the degree of use or wear upon receipt by the buyer, or if it follows from the nature of the goods.
In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. The buyer can exercise this right from the seller within one month after the expiration of the warranty period.
The choice of the method of complaint is proposed by the buyer in agreement with the seller.
The rights and obligations of the contracting parties in the event of defects in goods are governed by the relevant provisions of the Civil Code on proper performance, rights from defective performance and quality upon receipt and Act No. 634/1992 Coll., On consumer protection.
Complaints are made in writing via e-mail sent to info@morethannuts.cz, or in person at the seller’s premises. The buyer shall state the order number, the order item, and the description of the defect.
The claimed goods must be submitted or sent back to the seller’s address for defect assessment, in a manner similar to withdrawal from the contract, i.e. in person or by delivery to the seller’s premises.
The complaint does not apply to the gift of gifts and tastings, which are delivered free of charge to the buyer.
In the case of splitting an order with the same billing information, there is no right to another gift or discount on the order. Due to the automatic connection of 2 or more orders into one package.
The seller declares that the complaint will always be resolved after informing by phone or e-mail to the maximum satisfaction of the buyer. The seller and operator of the webhanemorethannuts.cz declares that the goods or raw materials from which it is 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 is governed by Regulations (EC) No. 178/2002 and No. 852/2004 of the European Parliament and of the Council and other directly applicable EU and Czech regulations.
The minimum shelf life for all goods is at least 2 months when stored in a cool place up to 20 ° C, dry up to 40% humidity and without access to direct sunlight. Complaints can be made especially if the goods are infested with mold, rot or pests. The minimum shelf life does not apply in the case of a purchase contract for goods that are presented under special conditions due to possible defects or lower quality.

Final Provisions

If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that mutual rights and obligations are governed by the law of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will 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.
Pursuant 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 the contract. In such a case, he is entitled to contact the Czech Trade Inspection Authority (Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz, web: adr.coi.cz). Out-of-court settlement of a consumer dispute is initiated exclusively at the request of the buyer, if the dispute could not be resolved directly with the seller. The proposal may be submitted no later than 1 year from the date on which the buyer first exercised his right, which is the subject of the dispute, with the seller. The buyer has the right to initiate an out-of-court dispute resolution online via the ODR platform available at ec.europa.eu/consumers/odr/
European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online). To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.
In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
Attached to the terms and conditions is a sample form for withdrawal from the contract.

These business conditions take effect on March 8, 2021