Terms of service

I. Basic Provisions

1. The General Terms and Conditions (hereinafter referred to as the "Terms") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code") by MD Vanilla – Martina Trpáková, ID: 719 695 86, with registered office at: Jana Marka 1134/6, Prague, 18400.
   Contact details:
   Jana Marka 1134/6, Prague, 18400
   Email: postmaster@md-vanilla.cz
   Phone: +420 774 349 870
   Website: https://md-vanilla.cz/
   (hereinafter referred to as the "Seller")

2. These Terms regulate the mutual rights and obligations of the Seller and the individual (natural person) who enters into a purchase contract outside their business activity as a consumer, or within their business activity (hereinafter referred to as the "Buyer") through the web interface located on the website accessible at https://md-vanilla.cz/ (hereinafter referred to as the "Online Store").

3. The Terms or the purchase contract are concluded in the Czech language.

4. The Terms are an integral part of the purchase contract. Any provisions in the purchase contract that differ from these Terms shall take precedence.

II. Information on Goods and Prices

1. The Online Store provides information on the costs associated with packaging and distributing the goods. The information on packaging and delivery costs specified in the Online Store applies only when the goods are delivered within the territory of the Czech Republic.

2. Information on the goods, including prices of individual products and their main characteristics, is provided with each product in the Online Store catalog. Prices are listed inclusive of VAT, if applicable, and all associated fees and return costs, even if the goods cannot be returned by ordinary postal means. The product prices remain valid for as long as they are displayed in the Online Store. This does not exclude the possibility of negotiating a purchase contract under individually agreed conditions.

3. Any product presentation displayed in the Online Store catalog is for informational purposes only, and the Seller is not obliged to enter into a purchase contract for the advertised goods.

4. Any discounts on the purchase price of goods cannot be combined, unless agreed otherwise by the Seller and the Buyer.

III. Customer Account

1. Upon registration in the Online Store, the Buyer, who is at least 18 years of age, may access their customer account. Through this account, the Buyer can place orders. The Buyer may also place orders without registration.

2. When registering and placing orders, the Buyer is required to provide truthful and accurate information. The Buyer is responsible for updating this information whenever any changes occur. The Seller assumes that the information provided by the Buyer is accurate.

3. Access to the customer account is secured by a username and password. The Buyer is required to maintain the confidentiality of the information necessary to access their account. The Seller is not liable for any misuse of the account by third parties.

4. The Buyer acknowledges that the customer account may not always be accessible, particularly due to necessary maintenance of the Seller's or third-party hardware and software.

5. The Buyer is not authorized to allow third parties to use their customer account.

6. The Seller may cancel the customer account, particularly if the Buyer has not used it for a long time or if the Buyer violates their obligations under the purchase contract or these Terms.

IV. Order and Conclusion of Purchase Contract

1. Any costs incurred by the Buyer when using remote communication means to conclude a purchase contract (internet connection, phone calls) are borne by the Buyer and are no different from the standard rate.

2. The Buyer can place an order for goods in the following ways:

   • via their customer account, if they have registered in the Online Store,
   • by completing the order form without registration.

3. When placing an order, the Buyer selects the goods, the quantity, the method of payment, and the delivery method.

4. Immediately after receiving the order, the Seller shall send the Buyer a confirmation of receipt to the email address provided during the ordering process. This confirmation is automatic and is not considered the conclusion of the contract. The confirmation includes the Seller's current Terms. A confirmation of the order will be sent to the Buyer's email address.

5. Before submitting the order, the Buyer is given the opportunity to review and modify the information they have entered. The Buyer submits the order to the Seller by clicking the "Submit Order" button. The information provided in the order is considered correct by the Seller. The validity of the order is contingent on the completion of all required information in the order form and the Buyer's confirmation that they have read these Terms.

6. In the event of an obvious technical error on the part of the Seller when stating the price of goods in the Online Store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this erroneous price. The Seller shall inform the Buyer of the error without delay and send a modified offer to the Buyer's email address. The modified offer is considered a new proposal for a purchase contract, which must be confirmed by the Buyer via email.

7. All orders received by the Seller are binding. The Buyer may cancel the order until the Buyer receives notification of the Seller's acceptance of the order. The Buyer may cancel the order by calling the phone number or emailing the Seller at the contact details listed in these Terms.

8. In the event that the Seller is unable to fulfill a requirement stated in the order, the Seller will send the Buyer a modified offer to the email address provided. The modified offer is considered a new proposal for a purchase contract, which must be confirmed by the Buyer.

V. Payment Terms and Delivery of Goods

1. The Buyer can pay for the price of goods and any associated delivery costs in accordance with the purchase contract using the following methods:

   • Cashless payment by transfer to the Seller's bank account no. [to be completed with account number],
   • Cashless payment by transfer via a payment gateway at www.drvanilka.com,
   • Cash on delivery in cash upon receipt of the goods.

2. In the case of cash payment, the purchase price is due upon receipt of the goods.

3. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4. In the case of payment via a payment gateway, the Buyer must follow the instructions of the relevant electronic payment service provider.

5. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the appropriate amount is credited to the Seller's bank account.

6. The Seller does not require any advance payment or other similar payment from the Buyer in advance. Payment of the purchase price before dispatching the goods is not considered a deposit.

7. In accordance with the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer.

8. The goods are delivered to the Buyer:

   • To the address specified by the Buyer in the order,
   • To a pickup point specified by the Buyer in the order.

9. The choice of delivery method is made when the order is placed.

10. The costs of delivery of the goods, depending on the method of dispatch and receipt of the goods, are specified in the Buyer's order and in the Seller's order confirmation. If the delivery method is arranged based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery.

11. If the Seller is obliged to deliver the goods to a location specified by the Buyer in the order, the Buyer is obliged to take receipt of the goods upon delivery. If, for reasons on the part of the Buyer, delivery must be repeated or delivered in a manner other than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery or alternate delivery method.

12. The Seller shall issue a tax document – an invoice – to the Buyer. The tax document will be sent to the Buyer's email address.

13. The Buyer acquires ownership of the goods by paying the full purchase price, including delivery costs, but not before taking possession of the goods.

14. Responsibility for accidental destruction, damage, or loss of goods passes to the Buyer at the moment the goods are received, or at the moment when the Buyer was obliged to take receipt of the goods but did not do so in breach of the purchase contract.

15. When receiving goods from the carrier, the Buyer is obliged to check the integrity of the goods' packaging and, in the event of any defects, immediately notify the carrier. If there is evidence of unauthorized interference with the shipment, the Buyer is not obliged to accept the shipment from the carrier.

VI. Withdrawal from the Contract

1. The Buyer, who has entered into a purchase contract outside their business activity as a consumer, has the right to withdraw from the purchase contract.

2. The withdrawal period is 14 days from the day the goods are received, or:

   • From the date of receipt of the first delivery of goods, if the contract involves regular delivery of goods,
   • From the date of receipt of the last delivery of goods, if the contract involves multiple types of goods or parts.

3. The Buyer cannot withdraw from the purchase contract in cases listed in § 1837 of the Civil Code.

4. The Buyer shall send the withdrawal from the purchase contract to the Seller's email or delivery address specified in these Terms. The Seller shall immediately acknowledge the receipt of the withdrawal.

5. If the Buyer has chosen a method of delivery other than the cheapest one offered by the Seller, the Seller is not obliged to reimburse the Buyer for the extra delivery costs.

6. To comply with the withdrawal period, the Buyer must send a statement of withdrawal within the withdrawal period.

7. If the Buyer withdraws from the purchase contract, the Seller shall refund all monetary amounts received, including delivery costs, to the Buyer without undue delay, no later than 14 days from the withdrawal. The Seller shall use the same payment method as the Buyer, unless the Buyer agrees otherwise and incurs no additional costs.

8. The Buyer is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by standard postal methods.

9. If the Buyer withdraws from the contract, the Seller is not obliged to refund the received funds before the goods are returned or the Buyer proves that the goods have been dispatched to the Seller.

10. The Seller is entitled to withdraw from the purchase contract due to the unavailability of goods, sellout of inventory, or if the supplier of the goods has stopped production or importation. The Seller shall immediately inform the Buyer via the email address provided in the order and return all received funds within 14 days of withdrawal, using the same method unless otherwise agreed.

11. The goods must be returned to the Seller undamaged, unused, and clean, and if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for damages against the Buyer's claim for a refund of the purchase price.

VII. Communication

1. The Buyer communicates with the Seller via the email address specified in these Terms. The Seller communicates with the Buyer using the email address specified in the Buyer's customer account or order.

2. The parties may send all written correspondence via electronic mail.

VIII. Rights from Defective Performance

1. The Seller is liable to the Buyer for ensuring that the goods are free from defects upon receipt. In particular, the Seller warrants that at the time the Buyer takes delivery:

   • The goods have the properties agreed upon, or if no agreement was made, have the characteristics described by the Seller or expected by the Buyer based on the nature of the goods and their advertising,
   • The goods are of the appropriate quantity, measure, or weight,
   • The goods comply with the legal requirements.

2. The Seller's liability for defects corresponds to the manufacturer's liability. The Buyer has the right to assert a claim for defects that appear within 24 months of receiving the goods.

3. Provisions of the preceding paragraphs do not apply to goods sold at a lower price due to defects, normal wear and tear, or goods used with a defect commensurate with their degree of use.

4. The Buyer's rights arising from defective performance are governed by § 1914 to § 1925, § 2099 to § 2117, and § 2161 to § 2174 of the Civil Code.

IX. Personal Data

1. All information provided by the Buyer is confidential and will be treated as such. The Seller will use the Buyer's data only for fulfilling the contract unless the Buyer gives written permission for other uses.

2. Further details on the protection of personal data can be found in the Privacy Policy.

X. Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority is the competent authority for out-of-court consumer dispute resolution.

XI. Final Provisions

1. The Seller is not bound by any codes of conduct towards the Buyer.

2. All agreements between the Seller and Buyer are governed by Czech law.

3. These Terms may be amended by the Seller. This does not affect the rights and obligations arising during the effectiveness of previous versions.