X
jmeno datum
title
content
Was This Review Helpful?

Business Terms and Conditions for Sales of Goods to Export Clients

These terms and conditions apply to the purchase in the online store http://drink-mana.com/en/ and http://drink-mana.com/de/ operated by Heaven Labs Ltd. The company Heaven Labs Ltd. further declares that MANA is designed to be consumed by healthy adults aged  from 18 years and with no specific upper age limit. MANA is not intended for diagnostic or therapeutic purposes. Eating at medical restrictions, during pregnancy and lactation period requires prior consultation with a physician.

The conditions specify and clarify the rights and obligations of the seller, which is the company Heaven Labs Ltd., headquartered Přátelství 172/42, 104 00 Praha 10, ID: 03257398, incorporated in the Business Register in Section C, entry 229291 at the Municipal Court in Prague, and buyer (customer, consumer). All contractual relations are concluded in accordance with Czech law. If the contracting party is a consumer, relations not modified by Terms and Conditions shall be governed by the Civil Code (no. 89/2012 Coll.) and the Consumer Protection Act (no. 634/1992 Coll.). If the contracting party is not a consumer, relations not modified by Terms and Conditions shall be governed by the Civil Code (no. 89/2012 Coll.)

DEFINITIONS

The seller is a company Heaven Labs Ltd., headquartered Přátelství 172/42, 104 00 Praha 10, ID: 03257398, incorporated in the Business Register in Section C, entry 229291 at the Municipal Court in Prague. Heaven Labs Ltd. is a person who at the conclusion and performance of the contract acts within their commercial or other business activities. It is an entrepreneur who directly or through other business supplies buyers with products or services.

Customer in our online store is buyer. Considering the current legislation there is distinctions of  buyer who is a consumer and buyer, who is not a consumer.

Buyer-consumer or a consumer is a person who at the conclusion of the contract is not in his commercial or other business activity.

The buyer who is not the consumer, is the entrepreneur who buys goods or services used for the purposes of their business with these products or services. This buyer is governed by terms and conditions to the extent that is involved, and the Commercial Code.

PURCHASE CONTRACT

If the buyer is a consumer, proposal to conclude a purchase contract is the location the goods offered on the site by the supplier, the purchase contract arises by sending an order by the purchaser-consumer and acceptance of the order by supplier. This acceptance supplier immediately confirms to the buyer by an informative e-mail to provided e-mail address, however, this confirmations does not affect the contract formation. Resulting contract (including the agreed price) can be changed or canceled only by agreement of the parties or based on legal grounds.

If the buyer is not a consumer, proposal to conclude a purchase contract is sent order to the buyer, the purchase contract itself is concluded at the moment of delivery of a binding agreement with the seller to the buyer's proposal.

By concluding the purchase contract the customer confirms that he is familiar with these terms and conditions, including claims procedure, and agrees with them. To these business terms and regulations customer is notfied adequately prior placing and order, and has the opportunity to become acquainted with them.

Seller reserves the right to cancel the order or its part before concluding the contract, based on the agreement with customer in the following cases: goods are no longer produced or delivered, or the price was significantly changed by supplier. In the event that the customer has paid part or the whole amount of the purchase price, this amount will be transferred back to his account or address, and the purchase contract will not be concluded.

For gifts that are completely free of charge, can not exercise any rights of a consumer. Such goods meet the conditions of the contract of donation and all standards under applicable legislation of the Czech Republic.

PAYMENT AND DELIVERY

Payment according to the contract can be paid only following ways:

  • PayPal transfer (card payment) to the seller's PayPal account,
  • online credit/debit card payment,
  • payment by Bitcoins.

Any additional costs related with the payment transaction are paid by the consumer.

Transportation of goods carried by GLS courier company only. To use any other transportation option requires the consent of both parties. In the event of changes of delivery at the consumer's request, the consumer bears the risk associated with the changes.

If the goods must be delivered repeatedly, or other way than originally agreed due any reasons on the consumer's side, additional delivery costs are charged to consumer.

Consumer's duty is to check goods' state and completeness of the packaging when receiving it. In case of damage, destroying the packaging, incompleteness or suspected substandard treatment of goods, the consumer has the right not to accept the goods – if this happens, in the presence of the courier take this fact into account by filling up a record into the shipping documents – so-called Minutes of the Damage. The consumer thus greatly simplify and accelerate the processing of the complaint procedure.

FORWARDING CHARGES

The goods’ price does not include individual forwarding charges, which shall be added to the goods’ purchase price based on the weight and size of the parcel. The goods' price does not include charges based on customs clearance.

RIGHTS OF DEFECTIVE PERFORMANCE

The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (including the provisions of § 1914 to 1925, § 2099-2117 and 2161-2174 § Act no. 89/2012 Coll., Civil Code).

The seller is responsible to the consumer that the goods on receipt have no defects. In particular, the seller is liable to the consumer that at the time when the consumer received the goods:

  • the goods have the qualities that the parties have agreed, and in case of the absence of agreement, goods have those properties which the seller or manufacturer has described or which customers expect with regard to the nature of the goods and based on advertising they carry,
  • the goods fit for the purpose which the seller declares or which this kind of goods are normally used for,
  • goods correspond to the quality or the implementation of the agreed sample or template, if the quality or performance were determined in accordance with the agreed sample or model,
  • the goods are in the right quantity, measure or weight and
  • goods meets the requirements of the legislation.

In case the goods do not have the features mentioned above, the consumer may require the supply of new goods without defects, unless it is due to the nature of the defect unreasonable, but if the defect affects only parts of goods, the consumer can request a partial replacement. If this is not possible, consumer may withdraw from the contract. If  it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the consumer is entitled to a free defect removal. The consumer has right to receive new goods, or exchange components also in the case of removable defects, if the goods can not be properly used for recurrence of defect or for a larger number of defects. In this case, the consumer has the right to withdraw the contract.

If the consumer will not excercise the right to withdraw thecontract or to deliver new goods without defects, the consumer may request a reasonable discount. The consumer has the right to an adequate discount even if the seller can not deliver the new goods without defects, replace the part or reapir the goods, as well as in the event that the seller fails to remove the defect within a reasonable time, or in case that removing the defect would cause considerable difficulties to the consumer.

Consumer's right from defective performance is invalid in the case the consumer knew the goods have a defect before their acceptance, or if the customer itself caused the defect.

RIGHTS OF WITHDRAWAL

If the purchase contract is concluded by means of distance communication (the eshop), the consumer in accordance with §1829 paragraph. 1 of the Civil Code, has the right to withdraw from the contract within 14 days from the goods acceptance without giving any reason (if the subject of he contract is several kinds of goods or supply of several parts, this period runs from the date of acceptance of the last supply). Withdrawal from the contract must be sent to the seller within the period mentioned in the previous sentence. As the standard package is in the case MANA considered originally sealed package - the 7-days box, which is provided with a complete nutritional label. By damaging the standard package expires the consumer's right to withdraw the contract because, in accordance of the food legislation, manufacturer can not guarantee the wholesomeness of the goods from the defective packaging.

Based on the previous paragraph, if the consumer wants to withdraw from the contract within 14 days, the consumer must contact the seller by written form and announce the intention of the withdrawal from the contract, stating the following details:

  • Order Number,
  • purchase date,
  • account number for a refund.

Withdrawal from the contract the consumer may send by post to the address of the seller or the seller's e-mail address magic@drink-mana.com.

This provision of the law can not be understood as an opportunity to borrow free goods. In the case of excercise the right of withdrawal within 14 days from the acceptance, consumer have to return everything that received under a contract to the seller, within 14 days from the acceptance of the goods. If it is not quite possible (eg. in the meantime the goods were destroyed or consumed), the consumer must provide monetary compensation in return, what can no longer be returned. If returned goods are only partially damaged, the seller may apply to the consumer the right of compensation and calculate the entitlement for refund of the purchase price. In this case the seller is required to prove the incurred damage. In that case the seller returns to the consumer the reduced purchase price only. In case of exercising the right to withdraw from the contract within 14 days, the consumer has right to reimbursement of delivery costs at the cheapest transport option offered.

The purchase price to be refunded to the consumer, the seller can also add its actual expenses incurred for returning the goods.

In the case of returning the goods, the refund price will be diminished by the amount of transportation costs (except for the complaints).

The right of withdrawal in accordance with § 1837 of the Civil Code, can not be applied particularly in case of these contracts:

  • the provision of services, if they were satisfied with the customer's prior explicit consent before a deadline for withdrawal, and before concluding the contract the seller informed the  consumer that in such a case has no right to withdraw from the contract,
  • supply of goods or services whose price depends on fluctuations of financial market beyond the control of the seller and which may occur during the period of the withdrawal,
  • delivery of goods which has been modified as desired by the consumer or for him/herself,
  • the supply of perishable goods, as well as goods which after delivery were irrevocably mixed with other goods,
  • repair or maintenance carried out at a place determined by the consumer's request; However, this does not apply in the case of a subsequent execution of other repairs than the requested or delivery other than the requested spare parts,
  • the supply of sealed goods which the consumer unsealed and for hygienic reasons it is not possible to return,
  • the supply of newspapers, periodicals or magazines,
  • accommodation, transport, catering or leisure, where the seller provides these transactions in a specified dates,
  • concluded at a public auction in accordance with the law governing public auctions, or
  • delivery of digital content, if not supplied on a tangible medium and was delivered with the prior explicit consent of the consumer before the deadline for withdrawal and before concluding the contract the seller informed the consumers  that in such a case has no right to withdraw from the contract.

COMPLAINT PROCEDURE

Complaints must be reported as soon as possible either in writing to the address of the facility, by calling +420 228 883 296

 or by e-mail at magic@drink-mana.com, and explained what the complaint is. Products covered by the right to a complaint must be forwarded for purpose of the assessing immediately upon discovery of the defect. Complaints procedure is as follows:

Subject of the complaint procedure is picked up by a courier of the DPD delivery company and delivered to the address Heaven Labs Ltd., headquartered Pratelstvi 172/42, 104 00 Praha 10, Czech Republic, ID: 03257398. In this case transportation is paid by the seller.

Shipment must be complete, including all documentation, and in a state in which it was accepted by the consumer at the time of the delivery, possibly with a marked fault location. The goods must be accompanied by all documents and papers that contained the original shipment.

It is always necessary to use wrapping paper or cardboard, so during transportation the original packaging can not be covered by tape, marked or damaged any other way.

In case of sending at the expense of consumer, insurance of the parcel is recommended.

In case of sending at the expense of consumer, the goods send as „Cash on Delivery“ can not be accepted.

After receiving the goods, customer is informed by email or phone about the accceptance, at the same time will be agreed next steps. The same applies for information about each step of complaint procedure. Based on the assessment, damaged goods are replaced or the purchase price is refunded. Sending new goods takes place under the same conditions as in the case of a standard order.

Seller assumes no liability for damages resulting from the operation of products, functional properties and damage resulting from improper use of products as well as damage caused by external events and mishandling. At the origin of this defect is not covered by warranty.

At rejected claims may be charged the cost of the complaint procedure and handling fees.

The period for handling complaints is suspended if the seller has not received all the necessary documents necessary required for handling the complaint (such as parts of the goods, other documents, etc.). The seller is obliged to require additional documentation from the customer in the shortest possible time. The deadline is suspended from that date until delivery of the required documents by the customer.

Extrajudicial Resolution

Any disputes between Heaven Labs s.r.o. and the Purchaser they can settle their dispute out-of-court through an Alternative Dispute Resolution or Online Dispute Resolution (ADR / ODR) procedure. In this case the Purchaser can contact the ODR entity. For more information on alternative dispute resolution can be found here. Heaven Labs s.r.o. recommends the Purchaser to use first contact Heaven Labs s.r.o. to resolve the situation.

PROTECTION OF PERSONAL DATA

Personal customer data are stored in accordance with the applicable legislation of the Czech Republic, especially the Law on Personal Data Protection no. 101/2000 Coll. as amended. By concluding the purchase contract the customer gives the seller consent for the collection and processing of personal data in their database, and until a written dissagreement with the ollection and processing. The customer has the right to access own personal data, the right to correct and eliminate them from the database and other legal rights to these data.

Heaven Labs Ltd. undertakes not to use personal data for commercial offer, which is not related with an operating online store, and that Heaven Labs Ltd. neither sell personal customer data, nor  made it available to third parties. Exceptions are the delivery companies, whom the customers' personal data are transmitted in the minimum extent that is necessary for the smooth delivery of goods. By using the website user agrees to the use and storage so-called Cookies on his/her computer. By sending an order customer gives consent, if not choose another option, for sending information emails related to goods, the company, news and notices as electronic messages to consumers' email address.

FINAL PROVISIONS

These terms and conditions apply as stated on the website of the seller, the date of concluding the purchase contract. After the confirmation of the customer's order it is considered as a contract between customer and seller and is archived in order to fullfill the contract and other record keeping, and the state is accessible to the buyer. The contract can be concluded in the Czech language or in other languages, if it does not justify the impossibility of its conclusion.

These business conditions enable the customer to archiving and reproduction. At the moment of concluding the purchase contract the buyer accepts all the provisions of the business terms and conditions in force at the date of sending the order including the price of ordered goods specified in the order confirmation, unless in a particular case clearly states otherwise.

In the case of foreign orders, the purchasing relationship is governed by Czech law.

These conditions come into force on 1.1.2017.

Thank you for taking your time to read the terms and conditions.

Your team MANA