General terms and conditions

This English version is a translation provided for information only. The legally binding version is the Czech one: Czech version.

These general terms and conditions (the “terms and conditions”) apply to contracts concluded through the Zdravý batoh online shop located on the web interface www.zdravybatoh.cz (the “web interface”) between

our company:

ONKEL family s.r.o., registered office at Nové sady 988/2, Staré Brno, 602 00 Brno

Company ID: 06504795

VAT ID: CZ06504795

registered in the Commercial Register kept by the Regional Court in Brno, section C, file 102474

delivery address: Areál HOMOLA - ONKEL family s.r.o., Vratimovská 624/11, 718 00, Ostrava

business premises address: Areál HOMOLA - ONKEL family s.r.o., Vratimovská 624/11, 718 00, Ostrava

phone number: +420 603 593 006

contact e-mail: info@zdravybatoh.cz

as the seller

and you as the buyer.

INTRODUCTORY PROVISIONS

Summary of the terms and conditions

Under the purchase contract we undertake to deliver the goods stated in the order to you, and you undertake to accept these goods and pay us the purchase price. To conclude the contract, you need to place an order and we need to accept it (see Article 2). Information about prices can be found in Article 3. Possible payment and delivery methods can be found in Article 4 and 5. Information about withdrawing from the contract after receiving the goods is in Article 6. Complaints are governed by our Complaints Policy.

Is this a consumer contract?

It is a consumer contract if you are a consumer, i.e. if you are a natural person buying goods outside the scope of your business activity or independent profession. Otherwise it is not a consumer contract, and consumer protection under the law and these terms and conditions does not apply to you.

What governs our mutual rights and obligations?

First and foremost the contract, which consists of the following documents:

these terms and conditions, which set out our mutual rights and obligations;
the Complaints Policy, which we follow when handling complaints about goods;
the Privacy Policy, which governs the protection of your personal data;
the conditions and instructions stated on the web interface, in particular when concluding the contract;
the order and its acceptance by us,

and in matters not governed by the contract, our mutual rights and obligations are governed by Czech law, in particular the following legislation:

Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code“);
Act No. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).

If your place of residence or registered office is outside the Czech Republic, or if our legal relationship contains another international element, you agree that our relationship is governed by Czech law. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than Czech law, you are granted this higher level of protection.

How do you express your agreement with the terms and conditions?

By sending an order and by confirming it on the web interface, you confirm that you have read these terms and conditions and agree with them.

What else should you know about the terms and conditions?

If any provision of these terms and conditions is (or becomes) invalid, ineffective or inapplicable, it will be replaced by the provision whose meaning comes closest to it. This does not affect the validity of the other provisions.

We may change or supplement the wording of the terms and conditions. The terms and conditions may only be changed or supplemented in writing.

Your rights and obligations are always governed by the wording of the terms and conditions in effect when they arose. We will send you the wording of these terms and conditions together with our acceptance of the order.

PURCHASE CONTRACT

How do we conclude the purchase contract?

To conclude the contract, you need to send an order in accordance with these terms and conditions and we need to accept this order. Please note that the presentation of goods on the web interface is for information only and is not our proposal to conclude a contract within the meaning of Section 1732(2) of the Civil Code.

How do you place an order?

You can always place an order through the web interface (by filling in the form) or in another way that we allow according to the information on the web interface. The order must contain all the information required in the form.

Before you send the order via the order form, you will be shown a summary of the order including the final price (including all taxes, duties and fees). The summary is your last chance to change the details you have entered.

You place a binding order by pressing the “Order with obligation to pay” button, which also commits you to paying the purchase price in full. We consider the details stated in the binding order to be correct and complete. Please inform us of any changes without delay by phone or e-mail.

Can you cancel or change an order you have already sent?

You can cancel or change an order that we have not yet accepted by phone or e-mail. All orders accepted by us are binding. Later cancellations or changes to an order are only possible by agreement with us. If an order for goods from which it is not possible to withdraw (see Article 7 for details) is cancelled in this way, we are entitled to compensation for the costs we have already incurred in connection with the contract.

How will you know that we have accepted the order, and when is the contract concluded?

We will let you know that we have received your order. The confirmation of receipt of the order is sent automatically and is not our acceptance of the order.

The purchase contract is concluded when our acceptance of the order is delivered to the e-mail address you entered in the order. If the order is not accepted, the contract is concluded when you take over the ordered goods.

Can you get the contract in text form?

The documents forming the contract will be sent to you by e-mail or, at your request, printed and sent by post. For sending by post we may ask you to pay the related costs.

We archive the documents forming the contract in electronic form. The contract is not accessible to third parties.

PRICE

Can the price on the web interface change?

If the price stated for goods on the web interface or during ordering is no longer up to date, we will let you know without delay. However, accepted orders are not affected by a price change that occurred between the sending of the order and its acceptance by us.

If there is an obvious technical error on our side when stating the price of goods on the web interface or during ordering, we are not obliged to deliver the goods to you at this obviously incorrect price, owing to the apparent nature of our legal act under Section 552 of the Civil Code, or owing to an error under Section 571 of the Civil Code.

Can discounts on the price of goods be combined?

Discounts on the price of goods cannot be combined unless explicitly stated otherwise on the web interface.

PAYMENT TERMS

Which payment methods do we accept?

You can pay the purchase price mainly in the following ways:

in cash or cashless (by payment card) when goods are sent cash on delivery or on personal collection;
cashless before delivery of the goods by online payment card or through a payment gateway;
cashless before delivery of the goods by transfer to our bank account (instructions will be given in the order confirmation)

Any other payment methods and any fees associated with certain payment methods are stated on the web interface.

When paying for goods through a company providing instalment sales, the contract is concluded subject to a resolutory condition; if the instalment company does not allow you this payment method, the contract automatically terminates.

When is the purchase price due?

For payment in cash (or cashless on receipt of the goods), the price is due on receipt of the goods. For cashless payment before delivery, the price is due within five days of acceptance of the order; the price is paid when the amount is credited to our bank account. If we do not receive the price by the due date, we reserve the right to withdraw from the contract.

Can we request a deposit or payment in advance?

Please note that under Section 2119(1) of the Civil Code we are entitled to ask you to pay the full price of the goods (or a deposit) before they are sent or handed over.

Please note that if you choose to pay by bank transfer and pay before we conclude the contract in accordance with point 2.4, the payment is a deposit towards the price of the goods. If the contract is subsequently concluded, the deposit will be set off against the price of the goods.

How do we issue tax documents?

By agreeing to these terms and conditions, you consent to us issuing the tax document in electronic form.

DELIVERY TERMS

How do we send goods?

The delivery methods, including delivery costs, are stated on the web interface. You can choose the specific delivery method in the order.

The order will always state the final price, which already includes the cost of the chosen delivery method.

When will we deliver the goods?

The delivery time always depends on availability and on the chosen delivery and payment method; however, we will deliver the goods no later than thirty days from the conclusion of the contract.

However, we cannot influence the delivery time of external carriers. If you have any problems with the delivery time, contact us and we will deal with the carrier.

Goods in stock are usually dispatched within two business days of acceptance of the order (for cash on delivery or personal collection), or of the payment being credited to our account (for cashless payment before delivery).

Goods not in stock are dispatched as soon as possible. We will inform you of the exact date.

Delivery of goods under these terms and conditions means the moment the goods are delivered to you. If you refuse to take over the goods without reason, this is not considered a failure on our part to deliver the goods, nor a withdrawal from the contract on your part.

You acquire ownership of the goods upon payment of the full purchase price, but not before you take over the goods.

What should you do when receiving the goods?

When receiving the goods, check that the packaging is intact. If you find any defects, inform the carrier and us immediately. If you refuse to accept a parcel with damaged packaging, this is not considered an unjustified refusal of the goods.

From the moment you take over the goods (or the moment you were obliged to take them over but, in breach of the contract, did not), the risk of accidental destruction, damage or loss of the goods passes to you.

What happens if you don't take over the goods?

If, for reasons on your side, the goods have to be delivered repeatedly or in a way other than agreed, you are obliged to pay the costs associated with such delivery.

If you fail to take over the goods without reason within the delivery time under point 5.2, we are entitled to compensation for the costs associated with delivering and storing the goods, as well as other costs we incur because the goods were not taken over.

In the case of cash on delivery or personal collection, we also have the right to withdraw from the contract. However, if you have already paid the purchase price (for payment before delivery), we also have the right to sell the goods ourselves under Section 2126 of the Civil Code.

REDEEMING A GIFT VOUCHER

How can a gift voucher be redeemed?

To redeem a gift voucher, you need to apply the gift voucher sent to you on the basis of your order by ticking the “Apply discount coupon” button on the cart page. The gift voucher states in particular the following details:

the amount of the gift voucher;
our identification details, including the addresses of any premises where the gift voucher can be redeemed;
the validity period of the gift voucher;
the unique numerical code of the gift voucher;
how the gift voucher can be redeemed.

Are there any restrictions on redeeming a gift voucher?

A gift voucher can only be redeemed once. A gift voucher is transferable to another person. A person who presents a lawfully acquired gift voucher has the same rights as the person who bought it.

A gift voucher can be redeemed within twelve months of purchase. A gift voucher can be redeemed no later than the last day of its validity. The validity of the voucher cannot be extended.

When can we refuse a gift voucher?

Please note that in certain situations we may refuse to accept a gift voucher. These are cases where:

the gift voucher was presented after it expired;
the gift voucher has already been redeemed;
the gift voucher was invalidated because of withdrawal from the contract.

WITHDRAWAL FROM THE PURCHASE CONTRACT

How can you withdraw from the contract?

As a consumer you can withdraw from the purchase contract without giving a reason within 14 days of the day on which you or a person designated by you took over the goods from the carrier; or

the last item of goods, if you ordered several items in one order that are delivered separately,
the last item or part of a delivery of goods consisting of several items or parts, or
the first delivery of goods, in the case of regular delivery of goods for an agreed period.

We recommend sending the notice of withdrawal to our delivery address together with the goods, or by e-mail, and then sending us the goods without delay to our delivery address. You can use the model form to withdraw from the contract. The Retino system (in the Returns section)

What are the consequences of withdrawing from the contract?

Withdrawal cancels the contract from the beginning, and it is treated as if it had never been concluded, including obligations under ancillary contracts; this does not affect points 6.4 and 6.5.

If you received a gift with the goods with your consent, the gift contract ceases to be effective when either party withdraws from the contract. Please send the gift back to us together with the returned goods.

How do you return the goods to us?

If you decide to return the goods, we recommend using the Retino service on our web interface, which will guide you through the returns process. You must return the goods to us within 30 days of withdrawing from the contract to our delivery address, to any of our premises or to our registered office address. Do not send the goods cash on delivery; we are not obliged to accept them this way.

We recommend enclosing with the returned goods:

a copy of the delivery note and invoice (if issued) or another document proving purchase of the goods;
a written statement of withdrawal from the contract (on our form or otherwise) and the chosen method of refund.

Failure to provide any of the above documents does not prevent your withdrawal from being accepted under the statutory conditions.

Ordering birthday packaging

If the customer orders the special birthday packaging service, they acknowledge that it is a service tailored to their requirements. For this reason it is not possible to request a refund for this service, even in the case of withdrawal from the purchase contract under Section 1837 of the Civil Code.

When will you get your money back?

We will refund all money received within 14 days of withdrawal from the contract. However, please note that we are not obliged to refund the money before you return the goods to us or prove that you have sent them.

In addition to the purchase price, you are also entitled to a refund of the cost of delivering the goods to you. However, if you chose a delivery method other than the cheapest one we offer, we will refund the delivery costs in the amount corresponding to the cheapest delivery method offered.

We will refund the money in the same way we received it (unless you tell us otherwise within ten days of withdrawal and this does not incur any further costs for you), or in the way you request.

You bear the costs of sending the returned goods to our address, even if the goods cannot be returned by normal post because of their nature.

What if the returned goods are damaged?

When sending, pack the goods in suitable packaging so that they are not damaged or destroyed.

The goods may only be tried out to the extent necessary to become familiar with their nature, characteristics and functionality. If we find that the goods you have returned are damaged, worn, soiled or partly used, you are liable to us for this reduction in the value of the goods.

When is it not possible to withdraw from the contract?

In accordance with Section 1837 of the Civil Code, it is not possible to withdraw from, among others, the following contracts::

for the provision of services, if they have been provided in full; if they were performed with your prior express consent before the withdrawal period expired and you were informed of this consequence;
for the supply of goods made to your requirements or adapted for you personally;
for the supply of perishable goods or goods with a short shelf life, as well as goods which, after delivery, have been irreversibly mixed with other goods due to their nature;
for the supply of goods in sealed packaging which cannot be returned for health protection or hygiene reasons after you have broken the seal;

Please note that in the case of a gift voucher, its content is not the permanent acquisition of ownership of the gift voucher but your entitlement to the performance stated on it. The gift voucher itself is therefore a service. For this reason, in accordance with Section 1837(a) of the Civil Code, you are not entitled to withdraw from the contract if you have used the gift voucher during the withdrawal period. By ordering a gift voucheryou acknowledge and agree to this.

When can we withdraw from the purchase contract?

We reserve the right to withdraw from the contract in the following cases:

we have not received the purchase price from you by the due date or you have not taken over the goods;
for objective reasons (mainly because the goods are no longer made, the supplier has stopped supplying to the Czech Republic, etc.) the goods cannot be delivered under the original conditions;
performance becomes objectively impossible or unlawful.

If any of the above occurs, we will inform you of our withdrawal from the contract without delay.

If you have already paid the purchase price in full or in part, we will refund the amount received within five days of withdrawal, cashless to the account you give us for this purpose or from which you made the payment.

RIGHTS FROM DEFECTIVE PERFORMANCE

Your rights from defective performance are governed by the relevant generally binding legislation (in particular Sections 1914 to 1925, 2099 to 2117 and, if you are a consumer, 2158 to 2174b of the Civil Code). Sections 2106 and 2107 on rights from defective performance do not apply. When you exercise rights from defective performance, we will proceed in accordance with our Complaints Policy.

FURTHER INFORMATION FOR CONSUMERS

What authorisations do we have for our activity?

We are authorised to sell goods on the basis of a trade licence. Our activity is not subject to any other permit.

How do we handle complaints?

We handle any complaints via our contact e-mail. We will then deal with the complaint and try to resolve it without undue delay after receiving it. You can also contact the competent trade licensing office or the Czech Trade Inspection Authority.

What rights do you have if a consumer dispute arises?

If you are a consumer and a dispute arises between us under the contract that we cannot resolve directly, you have the right to refer the dispute to the Czech Trade Inspection Authority (address: Česká obchodní inspekce, Ústřední inspektorát – oddělení ADR, Gorazdova 1969/24, 120 00, Prague 2; website: www.coi.cz, www.adr.coi.cz; e-mail: adr@coi.cz; phone: +420 296 366 360) or to the Association of Czech Consumers (Sdružení českých spotřebitelů, z. ú.) (address: Pod Altánem 99/103; 100 00 Praha 10 – Strašnice, website: www.konzument.cz, e-mail: spotrebitel@regio.cz, phone: +420 261 263 574) for out-of-court resolution of the consumer dispute. You can exercise this right no later than 1 year from the day you first exercised with us the right that is the subject of the consumer dispute.

To file a complaint about goods or services you bought from us and to find an alternative dispute resolution body, you can also use the online platform set up by the European Commission at: http://ec.europa.eu/consumers/odr/.

REGISTRATION ON THE WEB INTERFACE

How can you register on the web interface?

Registering via the registration form on the web interface creates a user account. Keep your user account login details secret. We are not responsible for any misuse of the user account by a third party.

The information given during registration must be true and complete. We may cancel without compensation an account created using false or incomplete information. If your details change, we recommend updating them in your user account without delay.

What is the user account for?

Through your user account you can mainly order goods, track orders and manage the account. Any other functions of the user account are always stated on the web interface.

When can we cancel your user account?

Please note that we have the right to cancel your user account without compensation if your account is used in breach of good morals, applicable law or these terms and conditions.

REVIEWS

Who can add a review?

All user reviews on the web interface are written by our real customers, to whom we delivered the goods they requested on the basis of their order.

Reviews can only be added after completing a purchase on the web interface, via a link sent to the customer by e-mail or via the user account on the web interface.

The web interface may also show reviews published by our customers on public internet services, in particular Google, Heuréka and Firmy.cz.

How do we verify reviews?

We verify every review before publishing it. A review can only be added by a customer who has completed a purchase on the web interface.

Before taking over and publishing a review from the public internet services mentioned above, we verify that it was written by our real customers.

If we find that a review was created by someone who did not make a purchase on the web interface, we are entitled to remove it or not publish it.

COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE

Is the content of the website protected by copyright?

The content of the web pages on the web interface (texts including the terms and conditions, photographs, images, logos, software, etc.) is protected by our copyright or the rights of other persons. You may not change, copy, reproduce, distribute or use the content for any purpose without our consent or the consent of the copyright holder. In particular, it is prohibited to make the photographs and texts on the web interface available free of charge or for a fee.

Names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.

Liability and use of the web interface

We are not responsible for errors caused by third-party interference with the web interface or by its use contrary to its purpose. When using the web interface, you must not use procedures that could disrupt the system or place an unreasonable load on it.

If you commit any unlawful or unethical conduct when using the web interface, we are entitled to restrict, suspend or terminate your access to the web interface without any compensation. In this case you are also obliged to compensate us in full for the damage demonstrably caused by your conduct under this paragraph.

Please note that clicking some links on the web interface may take you away from the web interface and redirect you to third-party websites.

These terms and conditions are valid and effective from 6 January 2023