These Commercial Terms and Conditions shall apply to purchases from the online shop www.drink-mana.com operated by the company Heaven Labs s.r.o. Heaven Labs s.r.o. further declares that MANA Drink oder MANA Powder (further “MANA”) are intended for consumption by healthy adults of at least 18 years old; there is no upper age limit. MANA is not intended for diagnostic or medical treatment purposes. Persons with medical restrictions, pregnant or nursing women must consult a physician before consuming this product. When consuming MANA, it is necessary to keep regular drinking regime. Enjoy MANA as part of your varied and balanced diet and healthy lifestyle. MANA is suitable for all healthy adults.
These Terms and Conditions further define and specify the rights and obligations of the Seller, which is the company Heaven Labs s.r.o., registered office Přátelství 172/42, 104 00 Prague 10, business ID no. (IČ): 03257398, registered in the Commercial Register at the Municipal Court in Prague, in section C, file 229291, and the Buyer (consumer, entrepreneur). All contractual relationships are entered into in accordance with the laws of the Czech Republic. If a consumer is a contracting party, all relationships not regulated by the Commercial Terms and Conditions shall be governed by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.). If an entrepreneur is a contracting party, all relationships not regulated by the Commercial Terms and Conditions shall be governed by the Civil Code (Act No. 89/2012 Coll.).
DEFINITION OF TERMS
The seller is a business company Heaven Labs s.r.o., with the registered office at Přátelství 172/42, 104 00 Prague 10, business ID no. (IČ): 03257398, registered in the Commercial Register at the Municipal Court in Prague, in section C, file 229291. The Seller is a party that in entering into and fulfilling the Agreement acts within its scope of business or other entrepreneurial activities. It is a business entity that directly or via other business operators sells products and/or provides services to the Buyer.
The Buyer is a customer of our online shop. Due to applicable legislation, distinction is made between a Buyer who is a consumer and a Buyer who is a business operator.
A consumer is any person who outside the scope of his/her business activities or outside of the scope of independently performing his/her profession enters into an agreement with a business operator or otherwise deal with such a business operator.
A business operator is a party that independently and on its own account and liability performs gainful activity via a trade license or in a similar manner and systematically for the purposes of making profit. The definition of a business operator for consumer protection purposes also includes any person/entity who enters into agreements related to their own business, production or professional activities or during independent performance of their profession, and/or possibly a person/entity who acts on behalf of or on the account of a business operator.
The Seller hereby discloses that:
- a) The costs for means of remote communication do not differ from the basic rate (in the case of Internet and/or telephone connections in accordance with the terms of the Buyer’s service provider). The Seller does not bill any additional fees, although this does not apply to any contracted transport.
- b) The Seller requires payment of the purchase price prior to the Buyer’s acceptance of performance.
- c) The Seller will not enter into any contracts with repeated performance as their subject.
- d) The prices of goods and services are specified on the website operated by the Seller including VAT. The costs for delivery of goods differ depending on the selected method and transport provider. The specified prices do not include any potential costs for customs clearance and duties (in the event of orders outside of the EU) or potential costs related to payment for goods (such as additional costs for payment by postal money order, banking fees in case of payment by wire transfer, etc.).
- e) The consumer is within the statutory terms entitled to withdraw from the Agreement within 14 days. The conditions, deadline and procedures for exercising this right as well as the form for withdrawal from the Agreement are specified below.
- f) In case of questions, feedback or complaints, the Buyer (consumer) may write to the e-mail address email@example.com may call +420 228 883 296 (business days, 9 a.m. to 5 p.m.). The consumer may refer the complaint to the supervisory or state oversight authority. The consumer may contact an out-of-court dispute resolution body, such as the Czech Trade Inspection Authority (http://www.coi.cz/), or may resolve the dispute online via the designated ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage).
If the Buyer is a consumer, the proposal for entering into a purchase agreement shall be considered submitted when details regarding the offered goods are placed on the website by the Seller, and the purchase agreement comes into existence when the order for goods is sent by the consumer and received by the Seller. Such receipt shall be confirmed promptly to the consumer by the Seller in an informative e-mail sent to the e-mail address specified by the consumer. The Seller shall not be liable for potential errors during data transfer.
If the Buyer is a business operator, the proposal for entering into a purchase agreement shall be considered submitted when the order for goods is sent by the business operator, and the parties will be considered to have entered into the purchase agreement as of the moment of delivery of the Seller’s binding consent with the proposal.
The concluded agreement (including the agreed price) can be amended or cancelled only on the basis of an agreement between both parties or for statutory reasons.
By sending the order the Buyer hereby confirms to have become familiar with these Commercial Terms and Conditions, including the complaint rules, and that the Buyer agrees with them. The Buyer shall be notified of these Commercial Terms and Conditions and the complaint rules sufficiently in advance prior to the placement of order and shall have the opportunity to become familiar with them.
The Seller hereby reserves the right to cancel the order or a part thereof before entering into the purchase agreement on the basis of an arrangement with the Buyer in any of the following situations: if the goods are no longer manufactured or supplied or if the price of the goods supplier has changed significantly. If the Buyer has already paid a part or the entire purchase price, then the part paid will be transferred back to the Buyer’s account or address, and the purchase agreement will not be entered into.
No consumer rights can be exercised in relation to gifts, which are provided entirely free of charge. Such goods fulfil the terms of the donation agreement and all standards under the valid legislation of the Czech Republic.
Handover of the Subject of Purchase
By entering into the Purchase Agreement, the Seller hereby undertakes to hand over to the Buyer each purchased item and to enable the Buyer to acquire ownership of it, and the Buyer undertakes to take possession of each such item and to pay the purchase price to the Seller.
The Seller hereby reserves ownership of each such item, of which the Buyer shall become the owner only after the purchase price has been paid in full.
The Seller shall transfer each such item to the Buyer along with documentation relating to it and shall enable the Buyer to acquire ownership in accordance with the Agreement.
The Seller shall be considered to have fulfilled the obligation to hand each such item over to the Buyer if it enables the Buyer to dispose of the item at the place of performance and notifies the Buyer thereof in a timely manner.
If the Seller is to send the item, it shall transfer the item to the Buyer (business operator) by handing it over to the first carrier for shipping for the Buyer and shall enable the Buyer to exercise rights in relation to the carrier ensuing from the transport agreement. If the Buyer is a consumer, then this provision shall apply if the Buyer has selected the carrier, without the Seller having offered one. Otherwise, the item shall be considered handed over to the Buyer only after the carrier hands it over.
If the Seller hands over a greater number of items than originally agreed upon, the purchase agreement shall be considered entered into for the excess amount, unless the Buyer refuses it without undue delay.
The Seller shall hand the subject of purchase over to the Buyer in the agreed quantity, quality, and design. If the quality and design have not been agreed upon, the Seller shall perform in the quality and design suitable for the purpose apparent from the agreement, or otherwise for a regular purpose.
If it has not been arranged how the items will be packaged, the Seller shall package the items as is customary; and if no rules exist in this regard then each such item shall be packaged in a manner necessary for their preservation and protection. The Seller shall prepare the item for transport in the same way.
Buyer’s obligations relating to the acceptance of goods:
The Buyer shall pay the purchase price and take possession of the items.
If the Buyer is delayed with acceptance of the items or with payment of the purchase price, the Seller shall retain each such item, if it can dispose of it, for the Buyer in a manner reasonable in relation to the circumstances.
If the Buyer has taken possession of an item that the Buyer intends to refuse, the Buyer shall store it in a manner that is reasonable in relation to the circumstances.
Whoever stores the item for the other party may retain it until the other party has paid the costs purposely incurred and associated with its storage.
If the respective party is delayed with acceptance of the items, the other party shall become entitled to sell the items following prior notification at the other party’s expense in an appropriate manner after the delayed party has been provided with a sufficient period of time for acceptance. This shall also apply if the respective party is delayed with any payment, upon which the handover of items is conditioned.
PAYMENT AND DELIVERY TERMS
Payment pursuant to the Purchase Agreement may be made only in the following ways:
- Cashless payment via PayPal,
- Cashless payment via a card,
- Cashless payment via Bitcoin,
- Following agreement with the Seller, cashless payment by bank transfer
All additional costs for payment for goods (e.g. bank fees) shall be paid by the consumer. When making payment by transfer, the consumer is required to specify the payment’s variable symbol, which is the order number. Without the variable symbol, the payment cannot be associated with the respective order, which can result in more time consuming processing of the order. In this case, the Seller shall reserve up to 7 days for a manual search for the payment.
Shipping of the goods shall be ensured exclusively via the courier companies GLS, UPS or DPD. Another shipping method may be used only with both parties’ consent. In the event of a change of a shipping method based on the consumer’s request, the consumer shall bear the risks associated with such change.
If it becomes necessary to deliver the goods repeatedly or in a manner other than that originally agreed upon due to reasons on the consumer’s side, the costs for delivery shall be billed to the consumer.
During acceptance of the goods, the consumer shall be required to inspect their condition, completeness and packaging. In the event of damage, a breach of packaging, incompleteness or suspicion of non-standard treatment of the goods, the consumer shall be entitled to refuse the delivery and in the carrier’s presence shall take this situation into consideration for processing of records in shipping documentation (damage notes). This will significantly speed up and simplify the handling of the complaint process for the consumer.
QUALITY WARRANTY, PASSING OF RISK OF DAMAGE AND RIGHTS FROM DEFECTIVE PERFORMANCE
An item shall be considered defective if it lacks the agreed properties. Defective performance involving other items and in documents necessary for use of an item shall also be considered defects. If it is apparent from the Seller’s declaration or from a document proving handover that the Seller has delivered a smaller quantity of items, the provisions regarding defects shall not apply to the missing items.
The Buyer’s rights from defective performance shall be established by a defect that an item has at the time of passing of the risk of damage to the Buyer, even if the defect appears later. The Buyer’s right shall arise also by a later occurring defect caused by the Seller’s breach of obligations.
The Buyer shall inspect each such item as soon as possible after passing of the risk of damage to the items and shall become familiar with its properties and quantities.
The risk of damage shall pass to the Buyer upon the acceptance of the item. The same effect shall exist if the Buyer fails to take possession of the item even though the Seller has enabled it to dispose of it.
Damage to an item that has arisen after passing of the risk of damage to the Buyer shall have no effect on the Buyer’s obligation to pay the purchase price, unless the Seller has caused the damage by breaching its obligations.
Quality at the time of acceptance
When the item is taken over, the Seller shall be responsible for ensuring to the consumer that the item lacks defects. In particular, the Seller shall be responsible for ensuring for the consumer that at the time when the consumer takes over the item it:
- has the properties agreed upon between the parties, and if such an agreed arrangement does not exist, then that it has properties, which the Seller or the manufacturer has described or which the Buyer expected in view of the nature of the goods and based on the advertising made,
- the item is suitable for the purpose, for which its use is specified by the Seller or for which an item of this type is normally used,
- the item has the level of quality and design corresponding to the contractually agreed sample or pattern, if the quality or design has been determined according to such contractually agreed sample or pattern,
- the item is in the appropriate quantity, level of quality or weight, and
- the item fulfils the requirements of legislation.
If the defect appears within a period of six months from acceptance, then it shall be assumed that the item was defective already at the time of its acceptance.
Rights ensuing from defective performance
The Buyer shall be entitled to exercise rights from defects that occur with regard to the consumer goods within 24 months from the acceptance of the goods. If in the sold goods, their packaging, the manual included with the items or in advertising in accordance with other legal regulations the period, during which the items can be used, is specified, the provisions regarding the quality warranty shall apply. This provision shall not apply in the following situations:
- a) for an item sold for a lower price for a defect, for which a lower price has been agreed upon,
- b) for wear and tear of items caused by their regular use,
- c) for used items for defects corresponding to the level of use or wear and tear that the item has upon acceptance by the Buyer, or
- d) if otherwise apparent based on the nature of the items.
For consumer goods, the Buyer is entitled to exercise rights from defects within 24 months. If the date of consumption is specified on the goods, this period shall be shortened to the date specified on the packaging.
If the item lacks the above-specified properties, the Buyer may also request delivery of new items without defects, if this is not unreasonable in view of the nature of the defects. If the defects apply only to part of the items, the Buyer may require only replacement of parts, and if this is not possible then the Buyer may withdraw from the agreement. However, if this would be unreasonable in view of the nature of the defect, in particular, if the defect can be removed without undue delay, the Buyer shall be entitled to removal of the defect free of charge.
The Buyer shall also be entitled to delivery of a new item or replacement of parts in the case of a removable defect, if the item cannot be properly used due to the repeated occurrence of defects following repairs or due to a larger number of defects. In such case, the Buyer shall also be entitled to withdraw from the Agreement.
If the Buyer does not withdraw from the Agreement or does not exercise the right to have new items delivered without defects, to have items or parts thereof exchanged or to be repaired, then the Buyer may claim a reasonable discount. The Buyer shall also be entitled to a reasonable discount if the Seller cannot deliver a new item without defects, replace its parts or repair them, or if the Seller does not remedy the situation within a reasonable time period or if arrangement of remedy would cause the consumer major difficulties.
The Buyer shall not enjoy rights from defective performance if the Buyer prior to taking possession of the items knew that the item had defects or if the Buyer has caused the defects.
If the item has a defect establishing an obligation for the Seller and if it is an item sold for a lower price or a used item, the Buyer shall be entitled to receive a reasonable discount instead of a replacement.
If the Buyer exercises a right based on defective performance, the other party shall confirm in writing when the right was exercised along with carrying out of repairs and the duration thereof.
If the defective performance constitutes a serious breach of the agreement, the Buyer shall be entitled
- a) to have the defects removed by delivery of new flawless items or delivery of missing items,
- b) to have the defects removed by repairs,
- c) to a reasonable discount from the price, or
- d) to withdraw from the agreement.
The Buyer shall inform the Seller, which right has been selected when the defect is reported or without undue delay after it is reported. The Buyer cannot change the selection without the Seller's consent, although this shall not apply if the Buyer has requested repair of a defect that has been found to be irreparable. If the Seller does not remove the defects within a reasonable time period or if the Seller informs the Buyer that the defects will not be removed, the Buyer may demand instead of removal of the defect a reasonable discount off of the purchase price or may withdraw from the agreement.
In other cases, the following shall apply (including in situations when the Buyer does not select its entitlement in time):
If the defective performance constitutes a minor breach of the agreement, the Buyer shall be entitled to have the defect removed or to a reasonable discount off of the purchase price.
If the Buyer does not exercise the right to a discount off of the purchase price or does not withdraw from the Agreement, the Seller may supply what is missing or eliminate the legal defect. The Seller may remove other defects based on its own choice by repairing the items or delivering a new item; however, the choice must not cause unreasonable costs to the Buyer.
If the Seller does not remove the defect in a timely manner or if the Seller refuses to remove the defect, the Buyer shall be required to demand a discount off of the purchase price or may withdraw from the agreement. The Buyer may not change the choice without the Seller’s consent.
The Buyer may not withdraw from the Agreement or demand delivery of a new item, if the item cannot be restored to the condition in which it was received. However, this shall not apply
- a) if the condition of the item has changed as a result of an inspection done for the purpose of determining defects,
- b) if the Buyer has used the item prior to the appearance of the defect,
- c) if the Buyer has not caused the inability to return the item in an unchanged condition through actions or negligence, or
- d) if the Buyer has sold the item before the appearance of the defect, if the Buyer has consumed it or if the item has been changed during regular use; if this has happened only partially, the Buyer shall return to the Seller what can still be returned and shall provide the Seller with a refund up to the amount in which the Buyer had benefits from use of the item.
If the Buyer has not reported the defect in a timely manner, the Buyer shall lose the right to withdraw from the agreement.
If the Buyer has not reported the defect without undue delay after it could have ascertained it in the course of timely inspection and sufficient professional care, then the court shall not grant it the right from defective performance. If a hidden defect is involved, then the same shall apply, if the defect has not been reported without undue delay after the Buyer could have ascertained it in sufficient professional care, but no later than within two years of the handover of the item.
Through the quality warranty, the Seller undertakes that the item shall be for the defined period eligible for use for its usual purpose or that it will retain the usual properties. The specification of the warranty period or the usability period on the product packaging or in advertising shall also have these effects. The warranty may also be provided for individual parts of the item.
The warranty period shall commence as of the handover of the item to the Buyer; if the item has been sent pursuant to an agreement, the period shall commence as of the delivery of an item to its destination. If the purchased item is to be put into operation by someone other than the Seller, the warranty period shall commence as of the date when the item is put into operation, if the Buyer has not ordered putting it into operation at the latest within three weeks from the acceptance of the item and has not provided necessary cooperation for such purpose.
The Buyer shall have no rights from the warranty if the defect has been caused after passing of the risk of damage to the item to the Buyer by an external event. However, this shall not apply if the Seller has caused the defect.
The rights from a defect shall be exercised by the Seller, from whom the item has been purchased.
If the Buyer exercises a right from defective performance, the other party shall confirm in writing when the right was exercised along with carrying out of repairs and their duration.
CONSUMER’S RIGHT TO WITHDRAW FROM THE AGREEMENT
If the purchase agreement is entered into via remote communication means (in an online shop), the consumer shall be entitled in accordance with Section 1829 (1) of the New Civil Code, even without specifying a reason, to withdraw from the agreement within 14 days of receipt of the goods (if the subject of the purchase agreement is several types of goods or delivery of multiple parts, the period shall commence as of the date of acceptance of the final delivery of goods). The notice of withdrawal from the Agreement must be sent to the Seller within the period specified in the previous sentence.
Originally sealed 7-day package (35 portions) in a box bearing a complete nutrition label is considered standard packaging in case of MANA powder. By damaging of standard packaging (i.e. of an originally sealed box) the consumer rescinds the entitlement to withdraw from the agreement, since in accordance with food law the producer cannot guarantee that products in damaged packaging pose no risk to health.
In case of orders that also contain a STARTER KIT with a bottle and a measuring cup (the so-called “First MANA”) or a pre-ordered measuring cup or bottle, only new and unused products may be accepted, which show no signs of use, damage or mechanical wear and tear.
When the MANA Drink products are ordered, the consumer rescinds the right to withdraw from the agreement if the original product packaging is damaged.
Pursuant to Section 1833 of the Civil Code, the consumer shall be liable to the business operator for reduction of the value of returned goods arisen as a result of handling of the goods in a manner other than how they should be handled based on their nature and properties.
If pursuant to the previous paragraph the consumer wishes to withdraw from the Agreement within 14 days, the consumer shall contact the Seller with a notice of withdrawal at firstname.lastname@example.org.
The completed form for withdrawal from the purchase agreement may be sent by the consumer by post to the address of the Seller’s facility, or it can be sent as an e-mail attachment to the Seller’s e-mail address email@example.com.
However, this statutory provision cannot be understood as an option to borrow the goods free of charge. In the event of exercising the right to withdraw from the agreement within 14 days from the acceptance of the performance, the consumer shall in accordance with Section 1831 (1) of the Civil Code promptly return everything that the consumer received based on the purchase agreement within 14 days of the withdrawal from the agreement. The costs for the return of the goods pursuant to Section 1820 (1) (g) shall be the consumer’s responsibility.
When exercising the right to withdraw from the purchase agreement, the consumer shall be entitled within 14 days to receive a refund of costs for transport related to the sending of the goods by the business operator to the consumer’s address in the least expensive shipping option offered. In accordance with Section 1832 (1) of the Civil Code, the business operator shall return to the consumer without undue delay, but no later than within fourteen days of withdrawal from the agreement, in the same manner all monetary funds including costs for delivery in the least expensive shipping option which have been received based on the agreement. In accordance with Section 1832 (4) of the Civil Code, the business operator is not required to return received monetary funds to the consumer sooner than when the goods are handed over by the consumer or when the consumer proves to the business operator that the goods have been sent to the business operator.
The Seller may set off actually incurred costs associated with the return of the goods towards the purchase price that is to be refunded to the consumer.
Under the provisions of Section 1837 of the Civil Code, the right to withdrawal from the agreement shall not be enjoyed by the consumer in case of agreements:
- a)on the provision of services, if they were fulfilled with the consumer’s prior expressed consent prior to the lapse of the period for withdrawal from the agreement, if the business operator prior to entering into the agreement informed the consumer that in such case the consumer shall not be entitled to withdraw from the agreement,
- b)on delivery of goods or services, the prices of which depend on fluctuations on the financial market independent of the will of the business operator and which can occur during the period allowed for withdrawal from the agreement,
- c)on supplying of alcoholic beverages, which can be delivered only following the lapse of thirty days, the prices of which depend on fluctuations on the financial market independent of the will of the business operator,
- d)on delivery of goods based on the consumer’s wishes or for the consumer,
- e)on delivery of perishable goods as well as goods, which following delivery have been irreversibly mixed with other goods,
- f)on repair or maintenance carried out at the location specified by the consumer at the consumer’s request; however, this shall not apply in the case of subsequent performance of repairs other than those required or delivery of replacement parts other than those requested,
- g)on delivery of goods in sealed packaging, which the consumer has removed from the packaging and which for health reasons cannot be returned,
- h)on delivery of audio or video recordings or a computer program, if the original packaging has been breached,
- i)on delivery of newspapers, periodicals or magazines,
- j)on accommodation, transport, dining or use of free time, if the business operator provides such performance by a set deadline,
- k)entered into based on a public auction pursuant to legislation governing public auctions, or
- l)on digital contents, if it has not been delivered on a material medium and has been supplied with the prior expressed consent of the consumer prior to the deadline for withdrawal from the agreement and if the business operator prior to entering into the agreement notified the consumer that in such case the consumer is not entitled to withdraw from the agreement.
OUT-OF-COURT SETTLEMENT OF DISPUTES
Relationships and potential disputes that arise based on the agreement will be resolved exclusively pursuant to the laws of the Czech Republic by competent courts of the Czech Republic.
Potential disputes between Heaven Labs s.r.o. and the Buyer may also be resolved outside of court. In such case, the Buyer-consumer may contact a party of out-of-court dispute resolution, such as the Czech Trade Inspection Authority (http://www.coi.cz/), or may resolve the dispute online via the designated ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage). More information about out-of-court dispute resolution can be found at http://www.coi.cz/en/alternative-dispute-resolution-nr1880/. Before the parties resort to out-of-court dispute resolution, Heaven Labs s.r.o. recommends that the Buyer should first contact the Seller in order to resolve the situation arisen. This can be done by e-mail at firstname.lastname@example.org or by phone at +420 228 883 296.
A claim will need to be announced as soon as possible either in writing to the facility’s address, by phone at +420 228 883 296, or by e-mail to email@example.com, and the claim must contain details specifying what is being complained about. The products to which the right to present a claim applies must be submitted for evaluation immediately after a defect is discovered. The complaint process is as follows:
The product which is the subject of the complaint shall be picked up by a courier from GLS or DPD and delivered to the address of Heaven Labs s.r.o., Přátelství 172/42, 104 00 Prague 10, business ID no. (IČ): 03257398. In such case the Seller shall pay the costs for shipping.
The shipment must be complete, must include all documentation and must be in the condition in which the consumer received it, and any defects must be labelled. All documents and certificates that the original package contained must be included with the goods.
It is always necessary to use wrapping paper or cardboard so that during shipping the packaging will not get stuck together, written over or otherwise ruined.
If the package is being sent at the consumer’s expense, it is recommended to insure the package.
If the package is being sent at the consumer’s expense, the goods may not be accepted for cash on delivery.
Immediately after receipt of the goods subject to complaint, you will receive an e-mail or phone confirmation, and the subsequent steps will be agreed upon. The same applies for information about the course of complaint handling. Based on the examination, the defective and/or damaged goods will be replaced, or the purchase price will be refunded. New goods will be sent under the same conditions as in case of standard delivery.
The Seller or its authorized employee shall decide about the complaint immediately, or in more difficult cases within three business days of receiving the item subject to complaint. This period shall not include the amount of time that is reasonable based on the type of product or service necessary for professional evaluation of the defect. The complaint, including removal of the defect, must be handled promptly, but no later than within 30 days from when the complaint is submitted, unless the Seller and the consumer have agreed on a longer period. If this period expires in vain it shall be considered a fundamental breach of the agreement.
The Seller shall not be liable for damage resulting from operation of the products, functional properties or damage caused by improper use of the products, as well as any damage caused by external events or improper handling. No warranty shall be provided either for defects with such causes.
The period for handling of the complaint shall be interrupted if the Seller has not received all necessary submission documents for handing the complaint (parts of goods, documentation, etc.). The Seller is required to request completion of the basis materials from the consumer as soon as possible. The period shall be halted from that date until the required basis materials are provided by the consumer.
PERSONAL DATA PROTECTION
Personal data Administrator:
Heaven Labs s.r.o., with headquarters at Přátelství 172/42, Uhříněves, 104 00 Praha 10, IČ: 03257398, registered in Section C of the Commercial Register, insert 229291, kept by the Municipal Court in Prague
Telephone No.: +420 228 883 296
The personal data of our Consumers is stored in accordance with the applicable laws of the Czech Republic and European Union, in particular with the Personal Data Protection Act 101/2000 Coll., as amended, and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. Personal data is further processed in accordance with legitimate interest, as defined in the Regulation, for performance of contracts concluded between Heaven Labs, s.r.o and the Consumer for the delivery of goods, as well as for purposes of direct marketing, and addressing persons with similar customer preferences. By concluding a sales agreement, the Consumer acknowledges that the seller will process and collect their personal data.
Heaven Labs, s.r.o processes data provided by the Consumer during completion of the online purchase form in order to close the sale, verify the Consumer's IP address, and process payment.
Cookies and pixels
How personal data is processed
Heaven Labs, s.r.o. stores personal data on its own internal disks. In case of consent to the processing of personal data, the data may also be processed by the following entities:
MailChimp email marketing service - Rocket Science Group LLC:
Keboola cloud computing - Keboola Data Services Inc., White Rock, 210-1461 Johnston Road, BC V4B 3Z4, in the Czech Republic Keboola, s.r.o. Praha 8, Křižíkova 488/115, IČO: 285 02 787, Municipal Court in Prague, Section C 146313
Snowflake data warehousing - Snowflake Computing Inc., 100 South Elisworth, Avenue, Suite 100, San Mateo, CA, United States
Datasentics data analytics - Datasentics, s.r.o, Washingtonova 1599/17, Nové Město, 110 00 Praha 1, IČO: 05355541, Municipal Court in Prague, file no. C 262371
ASANA online team communication tool (data is encrypted) - ASANA Inc., 1550 Bryant Street, San Francisco, California, USA
In case of consent to the processing of personal data, the data shall be processed by the following entities:
Google Inc., with headquarters at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
Facebook Inc., with headquarters at 1601 Willow Road, Menlo Park, CA 94025, USA
Adform A/S, with headquarters at Wildersgade 10B, sal. 1 DK-1408 Copenhagen K, Denmark.
Seznam.cz, a.s., with headquarters at Radlická 3294/10, Praha 5, Smíchov, 15000
To ensure proper delivery of our products, personal data shall be processed by the following entities:
Direct Parcel Distribution CZ, s.r.o. with headquarters at Říčany u Prahy, Modletice 135, PSČ 251 01, IČO: 613 29 266
Paramos Invest Trade, s.r.o., Praha 1, Růžová 972/1
To comply with legal regulations and norms, the personal data of the Consumer may be provided to certain third parties (lawyers, auditors, tax advisers, IT system administrators, etc.) in connection with the legitimate interests of Heaven Labs, s.r.o. We will always ensure that these are persons committed to the protection of personal data to the extent set out in these terms and conditions.
- The Consumer has the right to obtain information from the Administrator regarding whether their personal data is being processed, and if so, which data and how. The Consumer has the right to request that the Administrator, without undue delay, correct their inaccurate personal data. The Consumer also has the right to supplement personal data at any time.
The basic information on the extent to which the Administrator processes personal data is set out in these terms and conditions.
- The Consumer has the right to request deletion of their personal data, which the Administrator is obliged to do if certain conditions are met.
As the Administrator, Heaven Labs s.r.o. is legally obliged to store personal data for the period of time required for performance of the contract, as well as for the fulfillment of other legal obligations (tax obligations, etc.). If any personal data is processed for a specific purpose only with express consent from the Consumer, the Consumer may at any time request the removal of this data from our database.
- The Consumer has the right to limit the processing of their personal data by the Administrator in certain cases. In case of processing based on the legitimate interests of the Administrator or a third party, or that which is necessary for performance of an act in the public interest or the exercise of public authority, the Consumer has the right to file an objection at any time.
Heaven Labs s.r.o. processes personal data only for reasons of law, its own legitimate interests, and performance of contracts. If any personal data is processed for a specific purpose only with express consent from the Consumer, the Consumer may at any time revoke this consent.
- Right to data portability. The Consumer has the right to receive from the Administrator their personal data in a common and machine-readable format. This data may then been transferred to another administrator or, at the request of the Consumer and provided the necessary technical resources, between administrators.
- The right of the Consumer to revoke consent for the processing of personal data shall not apply to processing for performance of a contract concluded with the Consumer, or for the legitimate interests of the Administrator.
- If the Consumer should in any way be dissatisfied with the processing of their personal data by the Administrator, they may file a complaint directly with the Administrator, or contact the Office for Personal Data Protection.
More information on Consumer rights can be found at the website of the Office for Personal Data Protection: (https://www.uoou.cz/6-prava-subjektu-udaj/d-27276)
Heaven Labs s.r.o. will not use Consumers' personal data for commercial offers unrelated to its online business, nor will it sell or use the data for purposes other than those specified here. The exception is external carriers to whom the personal data of Consumers is transferred to the minimum extent necessary for the smooth delivery of goods. By using our website, the Consumer consents to the use and storage of cookies from Heaven Labs, s.r.o. on their computer. The Consumer acknowledges that after order and purchase of goods from our website, they shall receive emails containing information on the order, our business, and other important updates.
These commercial terms are valid in their wording specified on the website of the Seller on the date of entering into the purchase agreement. The consumer’s order following confirmation shall be considered an agreement entered into between the consumer and the Seller and shall be archived for the purpose of ensuring its performance and record keeping, and its status shall be available for the consumer to verify. The agreement may be entered into in Czech, or possibly other languages, unless a reason exists not to allow the agreement to be entered into.
These Commercial Terms and Conditions allow the Consumer to archive and reproduce them. At the moment when the purchase agreement is entered into, the Consumer shall accept all of the provisions of the Commercial Terms and Conditions in their wording valid on the date of sending of the order, including the price of the ordered goods specified in the confirmed order, unless otherwise provably agreed in a specific situation.
For foreign orders, the purchasing relationship shall be governed by Czech law.
Heaven Labs, s.r.o. is not responsible for consequences caused by serving MANA Drink or MANA Powder to or by a third person.
These Terms and Conditions shall take effect on 17 May 2017.
Thank you for taking the time to read these Commercial Terms and Conditions.
Your MANA team