Conditions of sale 

These Conditions of sale (hereinafter the “Conditions”) govern the sale of products by company Natures Care CZ s.r.o., with its registered office at Hlavní 15, 768 04 Střílky, identification number: 26288605, VAT number: CZ26288605, registered in the Commercial Register kept by the Regional Court in Brno under file number: C 41910 (hereinafter the “seller”). 

1. Introductory provisions  

1. Conclusion of the purchase contract  

1. Price of products and payment conditions  

1. Delivery of products  

1. Non-acceptance of products  

1. Instructions on the consumer 's right to withdraw from the purchase contract  

1. Quality guaranty, Rights arising from defective performance, Buyer’s complaints  

1. Protection of personal data and sending business messages  

1. Final provisions  

1. Introductory provisions  

1.1. These Conditions govern the mutual rights and obligations of the parties based on/or arising in connection with the purchase contract concluded between the seller and buyer through the seller's online store, email, fax or other form of distance and off premises communication (hereinafter the "purchase contract"). The seller's online store is operated by the seller at the internet address www.purityvision.com (hereinafter the "store”). 

1.2. Any provisions deviating from the Conditions can be agreed in the individual purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the Conditions. The Conditions form an integral part of all offers for the conclusion of a purchase contract, their acceptance and other legal actions of the seller. The seller is not interested in being legally bound under conditions other than those specified in the Conditions, unless otherwise agreed in writing. 

1. Conclusion of the purchase contract  

2.1. The store contains a list of products offered by the seller for sale. Placement of products in the store is an offer within the meaning of the provisions of § 1732 (2) of the law no. 89/2012 Coll. (hereinafter the “Civil Code”), to which the business conditions (the Conditions) are attached in the sense of § 1751 of the Civil Code. The seller excludes the conclusion of the contract without agreeing on all its requirements and he further excludes buyer’s acceptance containing an amendment or deviation. All changes to the offered type of products and the determination of the minimum purchase volume are the exclusive right of the seller. 

The store contains a description of the products, including the prices of the products and the costs for returning the products in the event that these products can not be by their nature returned by the usual postal service. The prices of the products include VAT and all related charges, but do not include the cost of delivery of the products. The costs for the delivery of the products s are determined by the terms of delivery https://www.purityvision.com/delivery/. 

The prices of products remain in effect for as long as they are displayed on the store's web interface.  

The prices of products are not adjusted to the buyer on the basis of automated decision-making.  

Consumer reviews are verified by the store and come only from the users who have purchased the products. 

2.2. Orders of products can be placed both by unregistered customers (in this case it is necessary to fill in all the data necessary for proper delivery of products) and those who are registered users and are logged in at the time of sending the order (in this case the seller works with data entered by the buyer during registration). 

2.3. The buyer undertakes to state correctly and truthfully all information necessary for the proper execution of the order - in particular the name, delivery address and contact details. If the delivery address is not the same as the customer's billing address, this fact must be indicated in the relevant fields of the order form. The buyer is obliged to update the data given within the user account in case of any change. The buyer is liable for damage caused to the seller by his failure to provide correct identification data. To order the products the buyer must generate the order containing  particular information about: 

2.3.1. ordered products (the ordered products are "inserted" by the buyer into the electronic shopping cart of the store), whereas the name and main characteristics of the products are specified for each individual type of products offered in the store. If the image of the product does not match its description, the verbal description and characteristics of the product take precedence, therefore the buyer can not invoke an error in the subject of the purchase contract due to an inadequate picture. 

2.3.2. method of payment of the price of the products. 

2.3.3. method of delivery of the ordered products and the shipping costs. 

Before sending the order through the web interface of the store to the seller, the buyer is allowed to check and change entered data, therefore the buyer has the opportunity to detect and correct errors made when entering data into the order. 

The buyer sends the order to the seller by clicking on the "Order and pay" button. 

2.4. The subject of the purchase contract is a product or products  (hereinafter also referred to as "goods" or “products”), which the buyer ordered by his confirmation. The minimum purchase (order) volume is EUR 15. 

2.5. The purchase contract is concluded by the delivery of the buyer's order to the seller, except for the cases listed below. The contract is concluded exclusively in the English language. Orders of all buyers, i.e. including unregistered buyers, are further archived for the purpose of fulfilling the legal obligations of the seller. The contract is not concluded if the minimum purchase volume is not reached, the seller's offer is binding only if the minimum order condition is met. The contract is also not concluded if the stock has been exhausted or the seller is unable to perform (§ 1732 (2) of the Civil Code). In the event that the goods are only partially available, the contract is concluded to the extent of availability of the goods and the parties proceed in accordance with Article 2.8. of the Conditions. 

2.6. If the purchased item changes its price during the period from the moment of delivery of the order to the moment of dispatch of the goods (but not as result of the end of “special price campaign”) or becomes unavailable (“not in stock”), the seller is entitled to withdraw from the purchase contract or part thereof  by canceling the order or to propose the buyer change of price or extension of delivery conditions. The seller informs the buyer electronically about the reason for non conclusion of the purchase contract, contract expiration, non-acceptance of the order or his other reservations, and he proposes appropriate solution.  

2.7. After receiving the order from the buyer, the seller confirms the order by e-mail. 

2.8. The seller generally provides the goods only in quantities which correspond to the typical needs of an average household (number of products ordered within a single order, placing of several orders for the same product). Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone). If the order is not subsequently confirmed the seller is entitled to withdraw from the purchase contract. The seller is entitled to deliver the goods in smaller quantities than specified in the order, and the buyer is obliged to accept such a partial delivery. The seller informs the buyer by e-mail about the reduction of the quantity. In the event that the parties fail to agree within 14 days about the delivery of remaining part of the ordered goods, the seller's obligation to deliver the rest of the goods expires. 

2.9. The seller is entitled to withdraw from the purchase contract for legal reasons, or for reasons agreed with the buyer. The seller is entitled to withdraw from the purchase contract concluded with persons who have previously materially breached their obligations, especially if the buyer is in delay with the payment of any obligation to the seller arising from any of the previously concluded purchase contract or, due to the circumstances, it appears that the buyer will not meet its obligations. The seller is also entitled to withdraw from the individual purchase contract in the event that the buyer has entered into liquidation or if the insolvency proceedings have been initiated against the buyer.  Withdrawal may be made by the seller by simple notice of cancellation of the order, while the seller is not obliged to state the reason for withdrawal. 

2.10. The provisions of §1810 et seq. of the Civil Code do not apply to the relationship between seller and the buyer who does not conclude a purchase contract as a consumer. In particular, it is not possible to withdraw from the purchase contract pursuant to the provisions of § 1829 et seq. of the Civil Code. The buyer concluding the purchase contract as a “consumer” has right to withdraw from the purchase contract as described in the Article 6. bellow. 

2.11. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the purchase contract is withdrawn, the gift contract for such a gift ceases to be effective and the buyer is obliged to return the gift. 

1. Price of goods and payment terms  

3.1. The purchase price of the goods is agreed according to the price stated by the seller for the individual product in the store and effective as of the date of delivery of the buyer's order. Price includes all applicable local taxes. The purchase price of the goods does not include delivery costs (packaging, transport and cash on delivery costs). Information on costs associated with the packaging and delivery of products are specified in the store for individual countries, these costs may vary for each country and quantity of ordered goods. The buyer will be acquainted with appropriate costs during the ordering process and before the order confirmation. If delivery conditions do not exist for a given country, they are determined for individual purchase contracts by agreement between the seller and the buyer. The goods may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the buyer, the seller has no control over these charge. 

3.2. If the goods are offered at a special price, with a discount etc., it applies that such a special price or delivery conditions are always valid to the end of the current calendar month or until the stock is exhausted, unless otherwise stated in a specific case. 

3.3. If, after the conclusion of an individual purchase contract, the costs related to the performance of the contract change significantly, the contracting parties agree in writing to adjust the price. If they do not agree on a change in the price of the goods within 10 days from the moment of delivery of the order, the seller may withdraw from the purchase contract.  

3.4. The buyer bears his own costs for the use of means of distance communication (internet connection), whereas these costs do not differ from the base rate. 

3.5. Payments can be made as follows: 

            - via a gateway (TrustPay)

            - via a bank transfer to an account 

The seller is always entitled to demand payment of the full purchase price before dispatch of the goods to the buyer. 

The seller does not require a deposit or other similar payment from the buyer. This does not affect this provision of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance. 

3.7. The invoice is sent together with the goods to the address specified by the customer when the ordered goods are dispatched unless the invoice is available in electronic form only. The buyer agrees to the use of the invoice in electronic form. 

3.8. In the event that the buyer has paid the purchase price and the purchase contract has not been concluded, or if the purchase contract was concluded only in relation to part of the ordered goods and / or the seller withdrew for legal reasons or reasons specified in the Conditions from the purchase contract or part thereof, the seller will return no later than 14 days all funds received from the buyer, or a proportionate part of the purchase price relating to the goods which will not be delivered. The delivery costs are determined according to the final quantity of goods which are the subject of the purchase contract and which the seller is able to deliver. The buyer expressly agrees that the seller is entitled to return the purchase price or its relevant part to the customer's bank account. 

1. Delivery of goods  

4.1. Delivery of goods to the place (destination) specified by the buyer is ensured by the seller at the buyer's costs. 

4.2. The goods that are in stock will usually be dispatched within 2 working days of receiving the order (or in the case of payment in advance from the crediting of the amount to the seller's account). In the event that it will not be possible to deliver the goods within the term proposed by the buyer in the order or specified in the store, the seller is entitled to deliver the goods within a reasonable additional period or to proceed according to the relevant provisions of the Conditions (p.ex. Art. 2.5., Art. 2.8.). If the seller is in delay in handing over the goods, the buyer may withdraw from the contract if the seller does not fulfill his obligation even within the additional reasonable period provided by the buyer. The buyer may withdraw from the contract without an additional period only if the seller has refused to perform or if performance within the specified time is necessary with regard to the circumstances of the conclusion of the contract, or the buyer has informed the seller before the conclusion of the contract that delivery at a certain time is necessary; Section 1980 of the Civil Code does not apply. 

4.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the purchase contract, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively the costs associated with another method of delivery. 

4.4. 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 he has to notify the carrier immediately. In the case of finding a damage of the packaging, the buyer does not have to take over the shipment from the carrier. This does not affect the buyer's rights from seller’s defective performance and other rights arising from law. By signing the delivery note (if any) or confirming the delivery to the carrier, or by accepting the shipment without claiming damage, the buyer confirms that the packaging of the consignment containing the goods has not been damaged. 

1. Non-acceptance of goods  

5.1. By concluding the purchase contract, the buyer is obliged to take over the ordered goods. If the buyer violates this obligation, he is responsible for any damage caused to the seller. If the buyer does not take over the goods in accordance with the individual purchase contract, the seller is entitled to withdraw from the purchase contract. 

5.2. The seller is also entitled to charge the buyer for damage that incurred to the seller by violation of the buyer's obligation to take over the goods (especially the cost of delivery of goods, cash on delivery fee, packaging, storage fee etc.). 

5.3. The provisions of this article of the Conditions do not affect the right of the buyer to withdraw from the contract for legal reasons. 

1. Right of withdrawal of 14 days  

6.1. The provisions of this article 6. of the Conditions apply only to the buyer, who has closed the purchase contract in the position of a consumer within the meaning  of effective legal regulations of the Czech Republic. For the purposes of this article, such a buyer hereinafter referred to as the "consumer". 

6.2. The consumer is entitled to withdraw from the purchase contract and without giving a reason within 14 days, whereas the period ends with the expiry of fourteen days from the day on which (i.) the consumer or a third party designated by him other than the carrier takes over the goods, or (ii.) delivery of the last piece of goods, if the consumer ordered several pieces of goods that are delivered separately in one order, or (iii.) delivery of the last item or part of the delivery goods consisting of several items or parts. To meet the deadline for withdrawal, it is sufficient to send the withdrawal notice before the aforementioned period has expired. To withdraw, the consumer may use the withdrawal form, which is available here: https://www.purityvision.com/withdrawal/ 

The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of: 

- perishable goods or goods with a short shelf life, as well as goods that, due to their nature, have been irreversibly mixed with other goods after delivery, 

- goods in sealed packaging, which for reasons of health protection or hygiene reasons are not suitable to return after the buyer has broken them, 

- if the defect in the item is insignificant in the sense of § 2171 paragraph 3 of the Civil Code. 

6.3. In the event of withdrawal from the contract, the consumer shall send or hand over to the seller undamaged goods showing no signs of use to the seller in the original packaging (if possible) and with all accessories and documentation, secured so that it cannot be damaged during transport. The seller recommends insuring the shipment. The costs associated with returning the goods shall be borne by the consumer. Packages sent cash on delivery will not be accepted by the seller. The buyer must send back the goods without undue delay and in any case by no later than 14 days from the day on which the cancellation of the order was made. The buyer will have to pay compensation for any deterioration of the goods if the value of the goods diminishes due to the buyer’s improper handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods). 

6.4. If the consumer withdraws from the contract, the seller will return to the consumer without undue delay, no later than fourteen days from the withdrawal from the contract, all funds, including delivery costs, which he received from the buyer on the basis of the contract, in the same way. The seller will return the money received to the consumer in another way only if the consumer has agreed to it and if it does not incur additional costs. However if the consumer has chosen a method other than the cheapest method of delivery of the goods offered by the seller, the seller will refund the cost of delivery of the goods to the consumer in the amount corresponding to the cheapest method of delivery of the goods offered. If the consumer withdraws from the purchase contract, the seller is not obliged to return the received funds to the consumer until he receives the goods or until the consumer proves to him that he has sent the goods back, whichever occurs first. 

1. Quality guarantee, Rights arising from a defective performance, Buyer’s complaints  

The seller is responsible to the buyer that the goods are free of defects upon receipt. A seller is in particular liable to ensure that at the time when the buyer takes over the goods: 

1. a) the goods correspond to the agreed description, type and quantity, as well as quality and other agreed characteristics, 
2. b) the goods are suitable for the purpose for which the buyer requires them and to which the seller has agreed and for the purpose for which goods of this type are usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards, 
3. c) the goods are supplied with the agreed accessories and instructions for use, including instructions for use that the buyer can reasonably expect, and
4. d) the quantity, quality and other properties of the goods, including durability, functionality and safety, correspond to the usual properties of things of the same kind that the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular advertising or labeling.

7.1. The quality guaranty is provided according to the information on the product packaging provided by individual manufacturers. By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. The quality guaranty applies only to the goods for which it has been agreed or for which the minimum usability or durability has been indicated. If no quality guarantee is provided, the general statutory liability of the seller for defective performance shall apply. The seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. 

7.2. The guaranty period for goods which have the nature of a cosmetic product is determined by the date until which the cosmetic product stored under appropriate conditions will continue to fulfill its original function ("date of minimum durability"). To claim the guaranty the buyer must comply with the conditions under which this durability is guaranteed. In the case of cosmetic products for which an indication of the minimum durability is not mandatory, the indication of the period for which the product is safe after opening and can be used without harming the health of the consumer is marked with the symbol of an “open cup”. 

7.3. The guaranty period for perishable foods is determined by the date by which they must be consumed (“expiry date”). The warranty period for goods that have the nature of other foods and food supplements is determined by the "date of minimum durability". To claim the guaranty the buyer must comply with the conditions under which the stated usability or durability is guaranteed. 

7.4. The provisions of this article of the Conditions do not apply (i.) to goods sold at a lower price for a defect for which a lower price was agreed, (ii.) to wear and tear of goods caused by their normal use, (iii.) for used goods to a defect corresponding to the extent of its previous use, or (iv.) if it follows from the nature of the goods. A buyer shall not have the right arising from a defective performance if, before the takeover of the goods, he was aware that the goods had a defect, or if it was caused by the buyer himself. 

7.5. The guaranty period starts from the delivery of the goods to the buyer; if the goods have been dispatched according to the contract, it commences when the goods reached their destination. 

7.6. Unless stated otherwise in the Articles 7.1.-7.4. of the Conditions or in the laws in force, then the buyer is entitled to assert his right arising from a defect which manifests in goods within twenty four months from the takeover under § 2165 of the Civil Code. In case there is a defect within one year from the takeover, the product is presumed to have been defective upon takeover. If the defect in goods was legitimately applied by the buyer to the seller, 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.  

7.7. The buyer must exercise rights from defective performance no later than within the period specified in the Civil Code. If a quality guaranty is provided, the buyer must exercise his rights within the guaranty period. To remove the defect, the seller will take over the goods at his own costs. 

7.8. The rights arising from defects are asserted against the seller from which the goods were purchased. The defect must be described and the seller recommends that the buyer concurrently with the description proves to the seller the purchase of goods and fills in the form available in the store: http://www.purityvision.cz/complaints/. The seller is further entitled to request photo documentation of the defect.  

According to his choice, the buyer can demand the delivery of a new product without a defect or the repair of the product, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other. If the buyer does not notify which right he is exercising, then he agrees that the defect will be eliminated by the delivery of the missing product or the replacement of the defective product. The seller can refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the importance of the defect and the value that the product would have without the defect. 

The seller is obliged to issue to the buyer a written confirmation containing the date of the complaint, the content of the complaint and what right of the buyer has been chosen. Further the seller is obliged to confirm the date and way of handling the complaint including the fulfillment of the repair and its duration, or a written justification for rejecting of the complaint, as the case may be. This obligation also applies to other persons designated by the seller to perform the repair.  

The seller will remove the defect within a reasonable time after it has been pointed out in such a way that it does not cause significant difficulties for the buyer, taking into account the nature of the product and the purpose for which the buyer purchased the product, the seller will handle the consumer's complaint no later than 30 days after its proper application. 

The buyer may demand a reasonable discount or withdraw from the contract if the seller refused to remove the defect or did not remove it according to § 2170 paragraphs 1 and 2 of the Civil Code and/or if the defect appears repeatedly and/or if the defect is a material breach of the contract and/ or, if it is apparent from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without considerable inconvenience to the buyer. The reasonable discount is determined as the difference between the value of the item without a defect and the defective item received by the buyer. If the buyer withdraws from the contract, the seller will return the purchase price to the buyer without undue delay after receiving the item or after the buyer proves to him that he has sent the item. 

In the event that the solution of the complaint is an exchange, the buyer should return the defective goods to the seller in the original packaging in which the substance for consumption is  located (cup, glass container, plastic box, bag, etc.). 

7.9. If, for objective reasons, it is not possible to settle a properly applied and acknowledged complaint by exchanging the item or delivering the missing item, the seller will provide the buyer and if the buyer does not withdraw from the contract, depending on the extent of the defect, either a reasonable discount or refund of the purchase price. Whoever has a right from defective performance is also entitled to compensation for the costs purposefully incurred in exercising this right. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period in which the defect must be pointed out, the court will not grant the right if the seller objects that the right to compensation was not exercised in time. 

1. Protection of personal data, Unsolicited commercial communication  

8.1. Seller’s Personal data processing policy (hereinafter the “Policy”) is available here. The Policy governs the handling of personal data of buyers in accordance with 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 (General Data Protection Regulation). 
8.2. Unless the buyer refused it in advance, the seller is entitled to use electronic contact details of the buyer for communicating commercial information relating to its own similar products or services, provided that the buyer has a clear and distinct choice to (in a simple way, free of charge or on behalf of the seller) refuse to give consent to such use of his electronic contact details when sending each individual message. If the buyer announces that he does not wish the commercial messages to continue to be sent to him or if he expresses his disagreement with the sending of commercial messages, the seller will stop sending them to this buyer without undue delay. 

8.3. Sending of unsolicited commercial messages to persons whose electronic contact the seller did not obtain from such customer in connection with the sale of a product or service is regulated in the seller’s Policy. 

8.4. The Cookies use policy is available here. 

1. Final provisions  

9.1. The Seller reserves the right to change the Conditions at its discretion. The change and effectiveness of the change shall be published by the seller in a suitable manner (in the store, by notice in the delivery note, invoice, e-mail or in another way). The legal relationships resulting from purchase contracts concluded on and after the effective date of the new terms and conditions are governed by the new (changed) terms and conditions. 

9.2. These Conditions and all the relationships between the seller and the buyer are governed by and construed in accordance with the laws of the Czech Republic. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The consumer's rights arising from generally binding legal regulations are unaffected. 

9.3. The seller is entitled to sell goods on the basis of a trade license and the seller's activity is not subject to any other permit. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. 
9.4. If any provision of the 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. Changes and additions to the purchase contract or business conditions require a written form. 

9.5. The order on which the purchase contract is based is archived by the seller in electronic form and is not generally accessible to the buyer. 

9.6. The provider is not bound by any codes of conduct in relation to the consumer. The seller handles consumer complaints via seller’s e-mail, to which complaints can be sent. The seller will send the information about handling the buyer's complaint to the buyer's email address. Other rules for dealing with complaints are not set by the seller. 

9.7. In the event that a consumer dispute arises between the provider and the consumer, the buyer in the position of a consumer may file a proposal for out-of-court settlement of a consumer dispute, for which the Czech Trade Inspection Authority is competent, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs. Further, the online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement. 

10.8. Seller's contact details: delivery address Natures Care CZ s.r.o., Hlavní 15, 76804 Střílky, e-mail address: objednavky@purityvision.cz, phone +420 733 699 050.       

9.8. The Conditions take effect on 1.1.2023.