BUSINESS TERMS AND CONDITIONS

AMPM Labs sro

I. Basic provisions

These general terms and conditions (hereinafter referred to as the " Terms and Conditions ") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the " Civil Code ").

Seller:
AMPM Labs sro
ID: 23552751
with registered office: Na příkopě 392/9, Old Town, 110 00 Prague
registered in the Commercial Register kept by the Municipal Court in Prague, file number C 429068

Seller's contact details:
email: info@elyxeer.com
website: [ https://elyxeer.com (

(hereinafter referred to as the " Seller ")

These terms and conditions govern the mutual rights and obligations of the seller and:

  • a natural person who concludes a purchase contract outside the scope of his/her business activities as a consumer, or

  • a natural or legal person acting in the course of their business activities

(hereinafter referred to as the " Buyer ")

via a web interface located on the seller's website, available at the internet address www.elyxeer.com (hereinafter referred to as the " online store ").

The provisions of these terms and conditions are an integral part of the purchase contract . Any deviating provisions in the purchase contract take precedence over these terms and conditions.

The purchase contract and terms and conditions are concluded in the Czech language.

II. Information about goods and prices

The online store mainly offers dietary supplements . These are not medicinal products and the products are not intended for the diagnosis, treatment or prevention of disease. They do not replace a varied and balanced diet or a healthy lifestyle.

The information provided on the seller's website is for informational purposes only and does not replace professional medical care.

Information about the goods, including a description of their main features and current prices, is provided for individual products in the online store catalog.

The prices of the goods are listed:

  • including value added tax,

  • including any additional fees,

The prices of goods are valid for the period during which they are displayed in the online store. This does not exclude the possibility of an individual agreement between the seller and the buyer.

All presentation of goods in the online store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

The online store also publishes information about the costs associated with packaging and delivery of goods. This information applies to deliveries within the Czech Republic , unless expressly stated otherwise.

Any discounts on the purchase price of the goods cannot be combined with each other unless the seller and the buyer agree otherwise.

III. Order and conclusion of the purchase contract

The costs incurred by the buyer when using means of distance communication (for example, costs of internet connection or telephone calls) in connection with the conclusion of the purchase contract are borne by the buyer himself. These costs do not differ from the provider's basic rate.

The buyer can place an order in the following ways:

  1. through your customer account, if you have registered it in the online store,

  2. by filling out the order form without registration.

When placing an order, the buyer chooses:

  • goods and their quantity,

  • payment method,

  • delivery method,

  • and provide the necessary contact and delivery details.

Before sending the order, the buyer has the option to:

  • check all entered data,

  • correct any errors.

The buyer sends the order to the seller by clicking on the "Pay" / "Complete order" button. The seller considers the data provided in the order to be correct. The condition for sending the order is, among other things, confirmation that the buyer has read these terms and conditions.

Order confirmation and contract conclusion

After sending the order:

  • the seller immediately sends the buyer a confirmation of receipt of the order to his e-mail (automatic message) - this does not yet constitute the conclusion of a purchase contract ,

  • The purchase contract is concluded only when the seller sends the buyer an e-mail confirming receipt of the order (acceptance).

If the seller cannot meet any of the buyer's requirements specified in the order, he will send the buyer an email:

  • a draft of an amended offer, which is considered a new draft of the purchase contract ,

  • In this case, the purchase contract is only concluded when the buyer confirms this offer by e-mail.

All orders accepted by the seller are binding . The buyer may cancel the order until he receives a notification of acceptance of the order by the seller (acceptance). The buyer shall cancel the order by telephone or e-mail to the seller's contacts specified in these terms and conditions.

Obvious technical error in the price

In the event of an obvious technical error on the part of the seller when stating the price of the goods (e.g. a price that clearly does not correspond to the value of the goods - 0 CZK, etc.), the seller is not obliged to deliver the goods at this incorrect price, even if an automatic confirmation of receipt of the order has already been sent to the buyer.

The seller informs the buyer of the error without undue delay via email and sends him a new offer. This is considered a new draft purchase contract, which the buyer accepts by confirming this offer.

IV. Customer account

The buyer can register in the online store and create a customer account . Through this account, he can in particular:

  • track order history,

  • speed up further shopping,

  • manage your contact information.

Goods can be ordered without registration , directly by filling out the order form.

The Buyer is obliged to provide true and complete information during registration and when ordering and to update it in case of changes. The Seller considers the information provided in the customer account and when ordering goods to be correct.

Access to the customer account is protected by a username and password . The buyer is obliged to maintain the confidentiality of the access data and prevent their misuse by a third party. The seller is not responsible for any misuse of the account as a result of the buyer's breach of these obligations.

The Seller may cancel the user account, in particular if:

  • the buyer has not used the account for a long time,

  • the buyer breaches his obligations arising from the purchase contract or these terms and conditions.

The Buyer acknowledges that the customer account may not be available continuously (in particular due to hardware and software maintenance by the Seller or its suppliers).

V. Payment terms and delivery of goods

The buyer can pay the purchase price and costs associated with the delivery of the goods in particular in the following ways:

  • cashless payment card online,

  • by bank transfer to the seller's bank account,

  • cash on delivery or by credit card upon receipt of the goods (depending on the carrier's capabilities).

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.

  • In the case of payment by cash on delivery, the purchase price is payable upon receipt of the goods.

  • In the case of cashless payment, the buyer follows the instructions of the payment gateway provider.

Seller does not require a deposit, unless otherwise agreed. Payment of the purchase price before shipping the goods is not considered a deposit.

The goods are delivered to the address specified by the buyer in the order. Unless otherwise stated for a specific product, the goods are shipped without undue delay, no later than 30 days from the conclusion of the purchase contract.

If the order includes goods with a longer delivery time, the seller may:

  • send the entire order at once after all items are in stock, or

  • after agreement with the buyer, split the order (in which case shipping may be charged multiple times if the partial shipments do not meet the condition for free shipping).

The cost of delivering goods is always stated:

  • during the order process,

  • in the order recapitulation,

  • and in the order confirmation.

If the method of transport is agreed upon at the special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

The buyer is obliged to accept the goods upon delivery. If it is necessary to deliver the goods repeatedly or in another way for reasons on the buyer's side, the buyer bears the associated costs.

When receiving the goods from the carrier, the buyer is obliged to:

  • check the integrity of the packaging,

  • in the event of obvious damage to the packaging, notify the carrier immediately,

  • In the event of serious damage to the shipment, the carrier may refuse to accept the shipment.

The seller will issue the buyer a tax document - invoice , which will be sent to the buyer's email.

The buyer acquires ownership of the goods:

  • by paying the full purchase price including delivery costs,

  • and its takeover.

Liability for accidental destruction, damage or loss of goods passes to the buyer at the moment of receipt of the goods or at the moment when he should have received the goods but did not do so in violation of the purchase contract.

VI. Withdrawal from the contract

The buyer - a consumer who has concluded a purchase contract outside the scope of his business activity has the right to withdraw from the purchase contract without giving any reason within 14 days:

  • from the date of receipt of the goods,

  • from the date of receipt of the last delivery of goods, if the subject of the contract is multiple types or parts of goods,

  • from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery.

To meet the deadline, it is sufficient for the buyer to send the notice of withdrawal within the withdrawal period.

Withdrawal can be made by any clear statement (letter, e-mail, etc.). The Seller may offer the Buyer a model withdrawal form, but the Buyer is not obliged to use it. The Seller will confirm receipt of the notice of withdrawal without delay.

The buyer who withdraws from the contract is obliged to:

  • send or hand over the goods to the seller within 14 days of withdrawal,

  • bear the costs associated with returning the goods, even if the goods cannot be returned by regular mail.

The seller will return to the buyer:

  • all funds received, including delivery costs,

  • no later than 14 days from the date of withdrawal from the contract,

  • in the same way as he received them from the buyer, unless the parties agree otherwise and the buyer incurs no additional costs.

The seller is not obliged to return the funds before the buyer proves that he has sent the goods or handed them over to the seller.

If the buyer has chosen a delivery method other than the cheapest one offered by the seller, the seller will only refund the delivery costs in the amount corresponding to the cheapest method offered .

Goods must be returned:

  • undamaged,

  • in a clean condition,

  • if possible in the original packaging.

The seller may unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.

The seller is entitled to withdraw from the purchase contract, for example due to the fact that the goods are out of stock or unavailable. In such a case:

  • informs the buyer via email,

  • will return all funds received,

  • no later than 30 days from the notification of withdrawal.

VII. Rights arising from defective performance

The rights and obligations of the parties regarding rights arising from defective performance are governed in particular by:

  • § 1914 to 1925,

  • § 2099 to 2117,

  • § 2161 to 2174 of the Civil Code,

  • and Act No. 634/1992 Coll., on Consumer Protection.

The seller is responsible to the buyer that upon receipt of the goods:

  • the goods have the properties agreed upon by the parties, or those that the buyer could have expected given the nature of the goods and the seller's presentation,

  • it is fit for the purpose stated by the seller or for the purpose for which goods of this type are usually used,

  • corresponds in quality or design to the agreed sample or template, if the quality or design was determined according to the sample,

  • is in the appropriate quantity, measure or weight,

  • complies with legal requirements.

The provisions on liability for defects do not apply in the case of:

  • goods sold at a lower price due to a defect for which the lower price was agreed,

  • wear and tear of goods caused by normal use,

  • used goods in relation to a defect corresponding to the degree of use or wear and tear that it had when taken over by the buyer,

  • if the nature of the goods is different.

If a defect becomes apparent within six months of receipt of the goods, it is assumed that the goods were defective upon receipt.

The buyer is entitled to exercise the right to a defect that occurs in consumer goods within 24 months of receipt.

The buyer shall exercise rights arising from defective performance with the seller at the address of his registered office or at the contact e-mail address: info@elyxeer.com .
The moment of filing a complaint is considered the moment when the seller receives the defective goods from the buyer or otherwise has the opportunity to inspect the goods.

Before sending the goods back, it is recommended to first contact the seller by email and arrange further steps (description of the defect, photo documentation, etc.).

Details on exercising rights arising from defects may be further regulated in the seller's separate complaint procedure .

Claims for defective performance cannot be made for gifts provided to the buyer completely free of charge (beyond the agreed purchase price); this is a performance under a gift contract.

Limitation of liability for improper use of goods

The seller is not liable for damage caused by incorrect or inappropriate use of the purchased goods, their use contrary to the recommended dosage, instructions for use or information provided on the packaging or in the product description.

The buyer acknowledges that the products sold are food supplements and are not intended for the diagnosis, treatment or prevention of disease , nor do they replace a varied and balanced diet or a healthy lifestyle. The information provided on the seller's website does not serve as a substitute for professional medical advice.

The buyer is obliged to familiarize himself with the composition of dietary supplements before using them and to verify whether he suffers from an allergy or hypersensitivity to any of the ingredients . The seller is not liable for damages caused by an allergic reaction or other health complications resulting from the buyer's individual intolerance.

Dietary supplements are not intended for children, pregnant or breastfeeding women, unless expressly stated otherwise . The buyer is obliged to follow all safety instructions listed with the product and keep the goods out of the reach of children .

The Seller is also not liable for damages resulting from:

  • combination of dietary supplements with medicines or other preparations,

  • improper storage of the product,

  • use after the best before date,

  • intervention by the buyer or a third party into the packaging or contents of the goods.

VIII. Delivery

The contracting parties may deliver all written correspondence electronically .

The Buyer delivers correspondence to the Seller to the e-mail address specified in these Terms and Conditions.
The Seller delivers correspondence to the Buyer to the email address specified in the customer account or in the order.

IX. Out-of-court settlement of consumer disputes

The consumer has the right to out-of-court settlement of a consumer dispute arising from a purchase contract.
The subject of out-of-court dispute resolution is:

Czech Trade Inspection
Central Inspectorate – ADR Department
Stepanska 15, 120 00 Prague 2
Internet address: www.coi.cz

The consumer can contact the Czech Trade Inspection:

  • in writing,

  • electronically via a form on the CTIA website,

  • or in person at the relevant inspectorate.

Out-of-court dispute resolution is initiated only at the consumer's request , no later than 1 year from the date on which the consumer first asserted his claim against the seller.

The consumer can also use the online dispute resolution platform set up by the European Commission at:

https://ec.europa.eu/consumers/odr

The platform can be used by consumers to resolve disputes arising from online purchases.

X. Final provisions

The legal relations between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, this relationship is governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.

The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826, paragraph 1, letter e) of the Civil Code.

All rights to the Seller's website (content, layout, photos, videos, graphics, trademarks, logos, etc.) belong to the Seller. Any copying, modification or other use without the Seller's consent is prohibited.

The Seller is not responsible for errors resulting from third party interference with the online store or its use contrary to its intended purpose. The Buyer may not use procedures that could negatively affect the operation of the online store, nor attempt to interfere with its technical or software equipment without authorization.

The Buyer acknowledges and accepts the risk of change of circumstances within the meaning of Section 1765, Paragraph 2 of the Civil Code.

The purchase contract, including these terms and conditions, is archived by the seller in electronic form and is not publicly accessible.

The seller may change or supplement the wording of these terms and conditions. This does not affect the rights and obligations arising during the period of validity of the previous wording.

The processing of the buyer's personal data is governed by the Privacy Policy, which is available on the seller's website.