• 
• Terms and Conditions

Terms and Conditions

Business conditions of the company:
Alori Nano Distribution s.r.o.
with registered office at Zámečnická 492/2, 779 00 Olomouc
ID number: 07396252
VAT: CZ07396252
entered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 75668
for the sale of products through an online shop located on the website

1. Introduction

1.1.These business conditions (hereinafter referred to as “business conditions”) of the business company Alori Nano Solution sro, with its registered office at Koželužská 20, Olomouc 779 00, identification number: 01792881, entered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 68326 ( hereinafter referred to as the "seller") in accordance with the provisions of § 1751 par. 1) of Act No. 89/2012 Coll., The Civil Code, as amended (the "Civil Code"), the mutual rights and obligations of the contractual parties as derive in connection with or on the basis of the Purchase Agreement (the "Purchase Agreement"), as concluded between the vendor and another physical person (the "Buyer") through the vendor's Internet shop. The e-shop is operated by the vendor on a website located at www.nutristar.cz (the "Website") through the web interface (the "shop's web interface").

1.2. The Terms and Conditions do not apply to cases where a person intending to buy products from the Vendor is a legal person or person who is ordering products in the course of their business activities or in their independent pursuit of their profession.

1.3. Arrangements deviating from the Terms and Conditions may be negotiated in the Purchase Contract. Deviating arrangements in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.

1.4. The provisions contained in the Terms and Conditions constitute an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded only in the Czech language.

1.5. The Vendor may amend or supplement the wording of the Terms and Conditions. This provision is without prejudice to rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.

2. USER ACCOUNT

2.1. Buyers can access their user interface on the basis of the Buyer's registration on the Website. Buyers can order products from his/her user account (the "User Account"). If allowed by the store's web interface, the Buyer may also order products without registration directly from the store's web interface.

2.2. When registering and ordering products on the Website, the Buyer is obligated to ensure that all data submitted is correct and truthful. The Buyer must update the data stated in the User Account in the event of any change. The data stated by the Buyer in the User Account and in the course of ordering products shall be deemed correct by the Vendor.

2.3. Access to the User Account is secured by a user name and password. The Buyer is required to maintain the confidentiality of information necessary to access his/her User Account.

2.4. The Buyer is not authorised to permit the use of a User Account by third parties.

2.5. The Vendor may cancel a User Account, especially if the Buyer does not use his/her User Account for a period exceeding one year, or if the Buyer is in breach of his/her obligations under the Purchase Agreement (including the Terms and Conditions).

2.6. The Buyer notes that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Vendor's hardware and software, or the necessary maintenance of hardware and software of third parties.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentations of the products placed in the shop's web interface are of an informative nature and the Vendor is not obliged to enter into a Purchase Agreement for those products. The provisions of Section 1732 par. 2) of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if the goods cannot, by their nature, be returned by regular post. Prices of goods include value-added tax and all related fees. The prices of goods remain valid for as long as they are displayed on the store's web interface. This provision does not restrict the ability of the Seller to conclude a Payment Agreement under individually negotiated terms.

3.3. The shop's web interface also includes information on the cost of the packaging and delivery of products. Information on the costs associated with the packaging and delivery of products listed in the shop's web interface is valid only in cases when the product(s) are delivered within the territory of the Czech Republic.

3.4. To order products, the Buyer must fill in the order form in the shop's web interface The order form contains in particular:

3.4.1.Personal data of the customer: name, surname, address, telephone, e-mail, delivery address.

3.4.2.Specification of the ordered goods: name of the goods, number of the goods, quantity (the buyer "inserts" the ordered goods into the electronic shopping cart of the web interface),

3.4.2. the method of payment of the purchase price of the products, details of the required delivery method of ordered products, and

3.4.3. information on the costs associated with the supply of products (collectively referred to as an "Order").

3.5. Before sending the order to the Vendor, the Buyer is allowed to check and modify the data that the Buyer has placed in the order, including the option for the Buyer to detect and correct any errors that have occurred when entering data during the ordering process. The buyer sends the order to the vendor by clicking on the "buy" button. The data stated in the order is deemed correct by the Seller. On receipt of the order, the Vendor confirms such receipt to the Buyer by e-mail to the Buyer's e-mail address as listed in his/her user account or in the order (the "Buyer's e-mail address").

3.6. The Vendor is entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone) at any time, depending on the nature of the order (quantity of products, purchase price, estimated shipping costs).

3.7. The contractual relationship between the Vendor and the Buyer arises on delivery of an Order, which the Vendor sends to the Buyer by e-mail to the Buyer's e-mail address.

The Buyer agrees to the use of remote means of communication when entering into the Purchase Agreement. Costs incurred by the Buyer when using remote means of communication in connection with the entering into of a Purchase Agreement (costs of Internet connection, telephone call costs) shall be paid by the Buyer, whereby these costs shall not deviate from the basic rate.

4. PRICE OF PRODUCTS AND PAYMENT CONDITIONS

The price of the goods and any costs associated with the delivery of goods according to the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:

· a) In cash on delivery at the place specified by the buyer in the order;

· b) Bank transfer to the seller's account No. 2301487077/2010, kept at Fio banka as (hereinafter referred to as the "Vendor's account");

· c) Cashless through the payment system The Pay

Together with the purchase price, the Buyer is also obliged to pay the Vendor the costs associated with packaging and delivery of the goods in the agreed amount. Unless stated otherwise, the purchase price shall further include the costs associated with the delivery of goods.

4.2. The Vendor shall not request a deposit or other similar payment from the Buyer. This does not affects provisions of Art. 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the product(s) in advance.

4.3. In the case of cash payment or cash on delivery, the purchase price shall be payable upon exchange of the product(s). In the case of non-cash payment, the purchase price shall be payable within 3 days of entering into the Purchase Agreement.

4.4. In the case of non-cash payment, the Buyer is required to enter the variable symbol for payment when paying the purchase price of the product(s). In the case of cashless payment, the obligation of the Buyer to pay the purchase price is fulfilled at the moment at which the relevant amount is credited to the Seller's Account.

The Seller is entitled, in particular, if the Buyer fails to provide additional confirmation of the order (Art. 3.6), to request payment in full of the purchase price before the product(s) are dispatched to the Buyer. The provisions of Section 2119 1) of the Civil Code shall not apply.

It is not possible to combine any discounts on the price of goods provided by the Seller to the Buyer.

If it is customary in the course of a transaction, or if it is stipulated by generally binding statutory regulations, the Seller shall issue a tax document (invoice) to the Buyer in respect of payments made under the Purchase Agreement. The Seller is not a payer of value-added tax. The tax document - invoice is issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's email address.

4.8. Under the law on the registration of sales, the Seller is obliged to issue a receipt to the Buyer. The Seller is also obliged to register received revenue with the tax administrator online; in case of technical failure, within forty-eight hours.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer notes that, under Section 1837 of the Civil Code, it is not possible to withdraw from a Purchase Agreement for the supply of products that has been adjusted according to the wishes of Buyer, from a Purchase Agreement for the delivery of perishable products, which includes delivery of products that were irrevocably mixed with other products, or from a Purchase Agreement for the supply of products in sealed packaging which the consumer has taken out of the packaging and cannot be returned for hygienic reasons.

5.2. If this is not a case as referred to in Art. 5.1 of the Terms and Conditions, or another case in which the Buyer cannot withdraw from the Purchase Agreement, the Buyer shall have, in accordance with the provisions of Section 1829 (1) of the Civil Code, the right to withdraw from the purchase contract within 14 days of the delivery of the product(s). In the case of several types of products or the delivery of several parts, this period shall apply from the date of the last delivery of the products. Notice of withdrawal from the Purchase agreement must be sent to the Vendor within the time limit specified in the previous clause. To withdraw from the purchase agreement, the buyer can use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase agreement may be sent by the buyer to the address of the seller's office or to the seller's e-mail address reklamace@alori.cz.

5.3. In case of withdrawal from the Purchase Agreement under Art. 5.2 of the Terms and Conditions, the Purchase Agreement is cancelled from the outset. The Buyer must return the product(s) to the Vendor within 14 (fourteen) days from withdrawal of Purchase Agreement. If the Buyer withdraws from the Purchase Agreement, the cost of returning the product(s) to the Vendor shall be on expenses of the Buyer, even if the nature of the product(s) means that they cannot be returned by the normal postal route.

5.4. In case of withdrawal from the Purchase Agreement under Art. 5.2 of the Terms and Conditions, the Vendor shall return the funds received from the Buyer within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner in which the Vendor received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or otherwise, if the Buyer agrees with and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer has returned the goods or demonstrated that he/she has sent the goods to the Seller.

5.5. The Vendor is entitled to unilaterally settle a claim for damages against the Buyer's claim for the return of the purchase price.

5.6. In cases where the Buyer has, under the provisions of Section 1829 (1) of the Civil Code, the right to withdraw from the Purchase Agreement, the Vendor is also entitled to withdraw from the purchase contract at any time until the Buyer receives the product(s). In such a case, the Seller shall reimburse the Buyer for the purchase price without undue delay, without charge, to the account specified by the Buyer.

If a gift is provided to the Buyer together with the goods, a gift agreement between the Seller and the Buyer is concluded upon a condition that, if the Buyer withdraws from the Sales contract, the gift agreement shall expire and the Buyer shall be obliged to return the goods together with the gift provided by the Seller.

6. TRANSPORT AND DELIVERY OF PRODUCTS

6.1. If the type of transport is agreed upon on the basis of a special request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this type of transport.

6.2. If the Vendor is obliged to deliver the product(s) to a place specified by the Buyer in the Order, the Buyer is obliged to receive the product(s) upon delivery.

6.3. We send the goods that are in stock within 2 - 5 working days from the date of receiving the order, depending on the chosen method of delivery of goods. In exceptional cases, when the goods are not in stock, the seller will contact you in order to agree on the date of delivery of goods. The buyer is always informed about the shipment by e-mail on the day of shipment. Due to the great interest in the goods, delivery may be delayed. In that case, accept our apology. You will be informed about delays in delivery or sold out of goods.

6.4. The price of transport will be charged according to the prices and conditions of the delivery companies.

6.5.Methods of delivery of goods

· a) Transport company PPL

· Freight forwarding to your home or work (ie the place you specify as a delivery address). Delivery takes place all day. The condition is to provide your phone number so that the carrier can contact you in case he/she has problems finding the address, etc. The goods are sent within 3 working days. We are not responsible for delays caused by the carrier. The buyer is obliged to properly take over the goods from the carrier, check the integrity of the packaging, the number of packages and in case of any defects immediately write this in the delivery note and inform the seller. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment during transport, it is recommended that the buyer does not accept the shipment and immediately inform the seller again.

Shipment price:	90 CZK
Cash on delivery surcharge:	+ 20 Kč

· b) Czech Post - Package in hand

· Freight forwarding to your home or work (ie the place you specify as a delivery address). Delivery takes place all day. The condition is to provide your phone number so that the carrier can contact you in case he/she has problems finding the address, etc. The goods are sent within 3 working days. We are not responsible for delays caused by the carrier. The buyer is obliged to properly take over the goods from the carrier, check the integrity of the packaging, the number of packages and in case of any defects immediately write this in the delivery note and inform the seller. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment during transport, it is recommended that the buyer does not accept the shipment and immediately inform the seller again.

Shipment price:	89 Kč
Cash on delivery surcharge:	+ 40 Kč

· c) Zásilkova.cz

· Freight forwarding to the address of the selected branch Zásilkovna.cz. The goods are sent within 3 working days. After delivery of the package to your chosen delivery point, Zásilkovna will send you an SMS message and an e-mail. From now on, you can pick up the shipment within 7 days. We are not responsible for delays caused by the carrier. The buyer is obliged to properly take over the goods from the carrier, check the integrity of the packaging, the number of packages and in case of any defects immediately write this in the delivery note and inform the seller. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment during transport, it is recommended that the buyer does not accept the shipment and immediately inform the seller again. After the delivery of the shipment at the Zásilkovna.cz branch, you will receive in the package, in addition to the ordered goods, the form: "Complaint form / exchange of goods / withdrawal from the contract".

Shipment price:	85 Kč
Cash on delivery surcharge:	+ 40 Kč

6.6. Shipments that are returned to us as uncollected, we send again only at your request.

6.7. In case of repeated non-collection of the ordered goods for personal collection by the buyer, the seller reserves the right to temporarily suspend the possibility of choosing personal collection for further orders of the buyer.

If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the Buyer is obliged to meet the costs associated with the repeated delivery of the goods, and/or the costs associated with the other means of delivery.

6.9. The consignee is obliged to check the contents of the shipment and the functionality of the ordered goods immediately after delivery. In case of damage to the shipment, send us a message immediately (by phone at tel: 776 808 997, by email: info@alori.cz or by SMS message)!

7. RIGHTS IN THE EVENT OF DEFECTIVE GOODS

7.1. The rights and obligations of the contractual parties regarding rights in the event of defective goods are governed by the applicable generally binding statutory regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and the Consumer Protection Act 634/1992 Coll., as amended).

7.2. The Vendor is responsible to the Buyer for ensuring that the product(s) are free of defects. In particular, the Seller is liable to the Buyer to ensure that, at the time when the Buyer receives the goods:

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· the goods are suitable for the purpose indicated by the Seller or for which goods of this type are normally used,

· the goods correspond to the quality of the agreed sample if the quality or design was determined on the basis of the agreed sample,

· the goods are provided in the appropriate quantity, degree or weight.

· the goods comply with legal requirements.

7.3. The provisions listed in Art. 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear of the goods caused by its normal use, if it is due to the nature of the goods, when receiving by the Buyer.

If a defect occurs within six months of delivery, it is deemed that the goods were defective at the time of delivery. The Buyer is entitled to exert the right from a defect that occurs in consumer goods within twenty-four months of delivery, but this does not apply to:

7.5. The right from defective goods is exert by the buyer at the seller at the registered office.

7.6. Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure available at www.alori.cz.

8. FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

8.1. The Buyer acquires ownership of the product(s) by paying the full purchase price of the product(s).

8.2. The Vendor is not bound by any codes of conduct in relation to the Buyer in the sense of Section 1826 1 letter e) of the Civil Code.

8.3 Out-of-court settlement of consumer disputes arising from the contract is the responsibility of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID Number: 000 20 869, Internet address: http://www.coi.cz.

8.4. The Vendor is authorised to sell goods on the basis of a trade license. Activities performed on the basis of a trade licence shall be inspected by the relevant trade licensing office within the scope of its competence. Supervision of personal data protection area is carried out by the Office for Personal Data Protection. To a limited extent the Czech Trade Inspection Authority supervises, inter alia, observance of the Consumer Protection Act no. 634/1992 Coll., as amended.

8.5. The Buyer hereby accepts the risk of a change in circumstances in the sense of Section 1765 2 of the Civil Code.

9. PERSONAL DATA PROTECTION

9.1. Protection of the personal data of a Buyer who is a natural person is provided under Act no. 101/2000 Coll., on the protection of personal data, as amended.

9.2. The Buyer consents to the process of the following personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number ("personal data").

9.3. The Buyer agrees to the processing of personal data by the Vendor for the purpose of realising the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If the Buyer does not choose another option, he/she consents to the processing of personal data by the Vendor, including for the purpose of sending information and commercial messages to the Buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would make it impossible to conclude the Purchase Agreement.

9.4. The Buyer acknowledges that, when registering, in his/her user account, and when ordering from the web interface of the shop, he/she is obliged to state his/her personal data correctly and truthfully, and that he/she is obliged to inform the Vendor of any change in his/her personal data without undue delay.

9.6. Personal data will be processed for an indefinite period of time. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.

9.7. The Buyer confirms that the personal data provided is accurate and that he/she has been informed that personal data is provided on a voluntary basis.

9.8. Should the Buyer believe that the Vendor or the processor (Art. 9.5) has processed his/her personal data in a manner that is contrary to the protection of the Buyer's private and personal life or is in breach of the law, in particular if personal data is inaccurate with regard to the purpose of its processing, the Buyer may:

9.8.1. ask the Vendor or processor for an explanation,

9.8.2. require the Vendor or processor to remedy the resulting situation.

9.9. If the Buyer requests information on the processing of his/her personal data, the Vendor is required to pass on this information. The Vendor has the right to request payment of an appropriate fee for the provision of information under the preceding clause. Such a fee must not exceed the cost of providing such information.

9.10. The Seller processes the Buyer's personal data for the purposes of concluding and administering the contract and carrying out the delivery, for fulfilling its legal obligations or with the Buyer's consent for the purpose of improving the Seller's services and offer, for marketing purposes incl. sending business messages and personalization of advertising, or. other purpose for which the buyer has given his consent.

9.11. The processing of personal data shall take place in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC ( general regulation on personal data protection) and related Czech legislation and in accordance with the Seller's Personal Data Handling Policy, which states how the seller handles the buyer's personal data, what information he/she stores about the buyer, how he/she uses the information and to whom it may be passed on. The principles for the handling of personal data also contain a list of all rights of the buyer in connection with the processing of personal data, in particular the right to information, correction, deletion or the right to revoke consent to processing at any time.

9.12. In connection with the processing of personal data, the seller declares that (i) he/she processes personal data in accordance with the requirements laid down by law; (ii) ensures that persons authorized to process personal data are bound by professional secrecy or are subject to a legal obligation of confidentiality; (iii) takes appropriate technical and organizational measures to ensure the necessary level of security for personal data; and (iv) in the event of a breach of personal data security with a risk to the rights and freedoms of individuals, informs the supervisory authority, or data subjects.

10. SENDING OF COMMERCIAL MESSAGES AND STORAGE OF COOKIES

10.1. The Buyer consents to the sending of information related to the Vendor's products, services or business to the Buyer's e-mail address and consents to the sending of sales announcements to the Buyer's e-mail address.

10.2. The Buyer consents to the storing of cookies on his/her computer. If it is possible to make the purchase on the website and the Seller's obligations under the Purchase Agreement are met without the so-called cookies being stored on the Buyer's computer, the Buyer may withdraw his/her consent under the previous clause at any time.

11. DELIVERY

11.1. Deliveries may be made to the Buyer's e-mail address.

12. CLOSING PROVISIONS

12.1. If the relationship based on the Purchase Agreement contains an international (foreign) element, then the contractual parties agree that the relationship shall be governed by Czech law. This is without prejudice to consumer rights arising from generally binding legal regulations.

"According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. The Seller is also obliged to register received revenue with the tax administrator online; in case of technical failure, within forty-eight hours.

12.3. If any provision of these Terms and Conditions is invalid or ineffective, or becomes invalid, the invalid provision will be replaced by a provision which resebles meaning of the invalid provision as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.

12.4. The operating hours of the online store are non-stop from 0.00 to 24.00 per day.

12.5 The Purchase Agreement, including the Terms and Conditions, is archived by the Vendor in electronic form and is not accessible.

12.6 A standard form for withdrawal from the Purchase Agreement is attached to the Terms and Conditions.

12.7. Contact details of the seller: delivery address Zámečnická 492/2, 779 00 Olomouc, e-mail addressinfo@alori.cz, telephone +420 776 808 997.

12.8. These business conditions are valid from 7.3.2020.

13. Personal data processing

13.1 The Seller processes the Buyer's personal data for the purposes of concluding and administering the contract and carrying out the delivery, for fulfilling its legal obligations or with the Buyer's consent for the purpose of improving the Seller's services and offer, for marketing purposes incl. sending business messages and personalization of advertising, or. other purpose for which the buyer has given his consent.

13.2.The processing of personal data shall take place in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC. EC (General Regulation on Personal Data Protection) and related Czech legislation and in accordance with the Seller's Personal Data Management Principles, which state how the Seller handles the Buyer's personal data, what information he/she stores about the Buyer, how he/she uses the information and to whom it may be passed on. The principles for the handling of personal data also contain a list of all rights of the buyer in connection with the processing of personal data, in particular the right to information, correction, deletion or the right to revoke consent to processing at any time.

13.3 . In connection with the processing of personal data, the seller declares that (i) he/she processes personal data in accordance with the requirements laid down by law; (ii) ensures that persons authorized to process personal data are bound by professional secrecy or are subject to a legal obligation of confidentiality; (iii) takes appropriate technical and organizational measures to ensure the necessary level of security for personal data; and (iv) in the event of a breach of personal data security with a risk to the rights and freedoms of individuals, informs the supervisory authority, or data subjects.