BUSINESS CONDITIONS OF VEROC Brands Group a.s.

  1. INTRODUCTORY PROVISIONS

1.1 These Terms and Conditions of Business (hereinafter referred to as “Terms and Conditions”) of the company VEROC Brands Group a.s., ID No.: 09939393, with registered office at Na Poříčí 1047/26, Nové Město, 110 00 Praha 1, registered with the Municipal Court in Prague in Section B (hereinafter also referred to as “Seller”) regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended and in force (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with a purchase contract (hereinafter referred to as the “Purchase Contract”) between the Seller and another non-business natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online shop is operated by the Seller on a website located at www.exalted.com (hereinafter referred to as the “Website”), through a website interface (hereinafter referred to as the “Shop Web Interface”). The Seller sells clothing and food supplements under EXALTED.

1.2 The Terms and Conditions do not apply where the person intending to purchase the goods from the Seller is a legal person or a person acting in the course of ordering the goods in the course of his business or in the course of his independent exercise of his profession. The General Terms and Conditions for Business Buyers shall apply to relations with such purchasers of goods.

1.3 Arrangements deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4 The provisions of the Terms and Conditions and the quality parameters guaranteed by the Seller, which are also available on the website, are an integral part of the Purchase Agreement. The Buyer understands and acknowledges that the Seller delivers the goods in the quality and with the characteristics according to the guaranteed quality parameters. The Purchase Contract and the Terms and Conditions are drawn up in Czech and English. The Purchase Contract may be concluded in Czech or English only at the Buyer’s choice.

1.5 The Buyer is obliged to familiarize himself with these terms and conditions and the guaranteed quality parameters before concluding the purchase contract. By ticking the consent to the terms and conditions and completing the order by clicking on “ORDER”, the Buyer accepts and acknowledges these terms and conditions, including the quality parameters guaranteed by the Seller, and agrees to their content.

  1. CONCLUSION OF THE PURCHASE CONTRACT

2.1 All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply. An order completed by the buyer is a proposal for the conclusion of a purchase contract.

2.2 The web interface of the shop contains information about the goods, including a description of their main characteristics and quality parameters guaranteed by the Seller, including the prices of individual goods. The purchase price of the goods is inclusive of value added tax and all other taxes and charges. However, the purchase price of the goods does not include the costs associated with the delivery of the goods (postage, shipping, packaging). The purchase price of the goods remains valid for as long as it is displayed in the same amount in the web interface of the shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.

2.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods.

2.4 To order goods, the Buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information on:

  1. a) the ordered goods (the ordered goods and the number are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),
  2. b) the method of payment of the purchase price of the goods,
  3. c) the requested method of delivery of the ordered goods and
  4. d)  the costs associated with the delivery of the goods

(hereinafter collectively referred to as the “Order”).

Correct completion of the Buyer’s contact details is a condition for the conclusion of the Purchase Contract. In particular, if the e-mail address is incorrectly entered, the confirmation of the acceptance of the order by the seller will not take place.

2.5 Prior to the completion and confirmation of the order, the Buyer is allowed to check and change the data he has entered in the order, including the possibility for the Buyer to detect and correct errors arising from the data entered in the order. The Buyer confirms the order and sends it to the Seller by clicking on the relevant order button. The information provided in the order is considered correct, complete and final by the Seller. By duly completing, checking the consent to the terms and conditions, and submitting the order, the Buyer confirms, among other things, his agreement to these terms and conditions and grants the consents referred to therein. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by electronic mail to the Buyer’s electronic mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s electronic address”). If the ordered goods are not in stock with the Seller or it is not possible to meet the specified delivery date, the Seller shall inform the Buyer of this fact via the Buyer’s electronic address within three working days. The Seller shall not be liable for incorrectly filled in data in the order by the Buyer and the related consequences.

2.6 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (for example, in writing, by phone or SMS).

2.7 The conclusion of the Purchase Contract between the Seller and the Buyer occurs upon receipt / confirmation of the order (acceptance) by the Seller to the Buyer’s electronic address.

2.8 By confirming the order, the Buyer agrees to the use of remote means of communication in concluding the purchase contract. Costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the Buyer.

  1. PURCHASE PRICE OF GOODS AND PAYMENT TERMS
    • The Buyer may pay the purchase price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:
  • cash on delivery at the place of delivery specified by the buyer in the order (only for Czechia and Slovakia);
  • cashless transfer to the seller’s account (only for Czechia and Slovakia) – in CZK currency no. 300038238/0300 ( IBAN: CZ28 0300 0000 0003 0003 8238 BIC (SWIFT): CEKOCZPP ) or denominated in EUR currency no. 308904452/0300 ( IBAN:CZ05 0300 0000 0003 0890 4452 BIC (SWIFT): CEKOCZPP ) or denominated in USD currency no. 308904567/0300 ( IBAN:CZ04 0300 0000 0003 0890 4567 BIC (SWIFT): CEKOCZPP ), at the company Československá obchodní banka, a. s. or to another account of the seller (hereinafter referred to as “seller’s account”);
  • cashless by credit card.

3.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

3.3 The Seller does not require the Buyer to make a deposit on the purchase price. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance, nor to the case where the Buyer has chosen as a payment method for payment of the purchase price a wire transfer to the Seller’s account or by credit card.

3.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within five working days of the conclusion of the purchase contract.

3.5 In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods with the variable symbol of payment according to the Seller’s instructions. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller’s account.

3.6 The Buyer acknowledges that the Seller will only dispatch / hand over the goods after full payment of the purchase price. The provisions of Section 2119 (1) of the Civil Code shall not apply. Similarly, if the Buyer has chosen a wire transfer to the Seller’s account or by credit card as the payment method for the purchase price, the goods will be shipped only after the purchase price has been credited to the Seller’s account.

3.7 Any discounts on the purchase price of the goods granted by the Seller to the Buyer cannot be combined with each other.

3.8 The Seller is a payer of value added tax. The Seller shall issue a tax document – invoice to the Buyer after payment of the purchase price of the goods and send it in electronic form to the Buyer’s electronic address.

  1. WITHDRAWAL FROM THE PURCHASE CONTRACT

4.1 The Buyer acknowledges that according to the provisions of Section 1837 (d) of the Civil Code, the Buyer cannot withdraw from the Purchase Contract if the delivered goods have been modified by the Seller according to the Buyer’s wishes or for the Buyer’s person.

4.2 Unless it is a case referred to in Article 4.1 or another case where the Buyer cannot withdraw from the Purchase Contract, the Buyer has the right to withdraw from the Purchase Contract within 30 (30) days from the date of receipt of the goods without giving any reason, in accordance with the provisions of Section 1829 (1) of the Civil Code, where the subject of the Purchase Contract is the delivery of several types of goods or if the goods are delivered in several partial deliveries, this period shall run from the date of receipt of the last delivery of goods. In order to comply with the withdrawal period, the withdrawal must be sent to the seller within the period specified in the preceding sentence. For the purpose of exercising the right to withdraw from the Purchase Contract, the Buyer is obliged to inform VEROC Brands Group a.s. of its withdrawal from the Purchase Contract by way of unilateral legal action by e-mail to info@exalted.com. The Buyer may use the enclosed sample withdrawal form, which forms Annex 1 to these Terms and Conditions, but is not obliged to do so. The Buyer is always obliged to provide the order number.

4.3 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. In such a case, the Buyer is obliged to return everything that he/she has received from the Seller in the course of the execution of the Purchase Contract, including the goods in perfect condition with all tags and original packaging without undue delay, but no later than within fourteen (14) days from the moment of withdrawal from the Purchase Contract, with the time limit shall be deemed to have been complied with if buyer sends to the seller return the goods before the expiry of 30 days. If the buyer withdraws from the purchase contract, the buyer bears all costs associated with the return of the goods to the seller, even if the goods are not returned by the usual postal route. The buyer is obliged to pack the goods properly for the purpose of return so that they are not damaged during transport back to the seller.

4.4 However, the provision on the possibility of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions cannot be understood as the possibility of free loan of goods. In the event of exercising the right of withdrawal from the purchase contract, the buyer must return to the seller everything he has received under the purchase contract, including the return of undamaged and unused goods in their original condition. If this is no longer possible (e.g. the goods have been destroyed, used or damaged in the meantime), the buyer is obliged to provide the seller with monetary compensation in return for what can no longer be delivered or returned as new, unused and undamaged goods. The buyer is also liable for damage to the goods resulting from handling them in a manner other than that which is necessary in view of their nature and characteristics.

4.5 In the event of withdrawal from the Contract by the Buyer pursuant to Article 4.2 of the Terms and Conditions, the Seller shall refund all payments received from the Buyer, including delivery costs, except for additional costs incurred as a result of the Buyer’s chosen method of delivery other than the cheapest method of standard delivery offered by the Seller, within thirty (30) days of the return of the goods by the Buyer or upon proof that the Buyer has returned the goods, whichever is earlier. Seller shall use the same means of payment used by Buyer to make the initial transaction (payment of the purchase price) for refunds, unless Buyer specifically specifies otherwise. If the Buyer provides his/her bank account in the notice of withdrawal, the Seller shall refund the funds to the bank account specified by the Buyer in the notice of withdrawal.

4.6 The Seller is entitled to unilaterally set off against the Buyer’s claim for reimbursement of the purchase price a claim for compensation for damage to the goods or any other claim against the Buyer, unless set-off is excluded by law.

4.7 Until the Buyer takes delivery of the goods, the Seller is entitled to withdraw from the Purchase Agreement at any time for serious operational reasons (e.g. sudden lack of capacity of the ordered goods, etc.). In this case, the Seller shall inform the Buyer by email and refund the purchase price without undue delay, without cash to the account designated by the Buyer.

4.8 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 condition that if the Buyer withdraws from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the gift contract regarding such gift shall cease to be effective and the Buyer shall be obliged to return the gift in its original condition together with the goods to the Seller.

4.9. The buyer is entitled to claim a defect and exercise the right from the defect that occurs in the sold goods within 24 months from the date of receipt of the goods by the buyer.

4.10 The products in the “Save product” category are not covered by the liability for defects that were communicated to the buyer at the time of the purchase agreement. The buyer acknowledges that these products may have certain defects or deficiencies that were disclosed in advance and taken into account in the product price. Due to this fact, claims cannot be made for these specific defects, and this exception does not affect the buyer’s rights regarding liability for other possible defects that were not mentioned at the time of sale.

  1. TRANSPORT AND DELIVERY OF GOODS

5.1 In the event that the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk for any additional costs associated with this method of transport.

5.2 If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take delivery of the goods upon delivery.

5.3 In the event that for reasons on the Buyer’s side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

5.4 Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier and the Seller immediately. In the event that the packaging is found to have been breached, indicating that the shipment has been tampered with, the Buyer may not accept the shipment from the carrier.

5.5. If necessary, we reserve the right to remove (exclude) the option of free shipping.

  1. RIGHTS FROM DEFECTIVE PERFORMANCE

6.1. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding legal regulations, in particular the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended and in force (hereinafter referred to as the “Consumer Protection Act”).

6.2 Other rights and obligations of the contracting parties related to the Seller’s liability for defects are regulated by the Seller’s Complaints Procedure, which is available on the web interface of the Shop.

  1. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1 The buyer acquires ownership of the goods at the moment of receipt of the goods.

7.2 The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

7.3 Out-of-court handling of consumer complaints is provided by the Seller via the Seller’s electronic address info@exalted.com. The Seller shall send information on the settlement of the Buyer’s complaint to the Buyer’s electronic address.

7.4 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. The Office for Personal Data Protection supervises the protection of personal data. The Czech Trade Inspection Authority supervises, among other things, compliance with the Consumer Protection Act within a defined scope.

  1. PROTECTION OF PERSONAL DATA

8.1 The privacy policy of the buyer who is a natural person is available here: odkaz. This document also regulates the conditions for sending commercial communications and processing cookies.

  1. DELIVERY

9.1 The Seller may send written communications to the Buyer in connection with the Purchase Contract to the Buyer’s electronic address and/or to the notified postal address.

  1. CONCLUDING PROVISIONS

10.1 Relationships not regulated by these Terms and Conditions are governed by the Civil Code and the Consumer Protection Act.

10.2 If the relationship established by the Purchase Contract or leading to its conclusion contains an international (foreign) element, the Parties agree that such relationship shall be governed by Czech law. If the buyer is a consumer and the binding provisions of the legal system of the state of his/her habitual residence, which cannot be derogated from contractually, provide him/her with a higher level of protection than the Czech legal system, the buyer shall be granted this higher level of protection in the legal relationship.

10.3 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid or ineffective provision shall be replaced by a provision whose meaning is as close as possible to the invalid or ineffective provision. The invalidity or ineffectiveness of one provision shall not affect the validity and effectiveness of the other provisions.

10.4 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not publicly accessible. The Seller shall send the Buyer the contents of the basic provisions of the Purchase Agreement by email together with the acceptance/confirmation of the order.

10.5. Seller’s contact details: VEROC Brands Group a.s., Na Poříčí 1047/26, Nové Město, 110 00 Praha 1, Czech Republic, e-mail: info@exalted.com.

10.6 The Buyer, who is a consumer under the Consumer Protection Act, has the right under the Consumer Protection Act to an out-of-court settlement of a consumer dispute arising from a purchase contract (hereinafter referred to as “Consumer Dispute”). In the event that a consumer dispute arises between the Seller and the Buyer-Consumer which cannot be resolved by mutual agreement, the Buyer-Consumer may submit a proposal for out-of-court resolution of such dispute to the designated entity for out-of-court resolution of consumer disputes, which is:

Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Štěpánská 15
120 00 Prague 2
Email: adr@coi.cz
Web: adr.coi.cz
Consumers can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.

10.7 These Terms and Conditions shall take effect on the day following their publication on the Seller’s website and shall apply in the relevant version to all orders placed from the day following their publication. The Seller reserves the right to amend or supplement these Terms and Conditions. The new version of the terms and conditions will be published on the website. Until and including the date of its publication, the previous terms and conditions shall remain in force.

Appendix 1:

SAMPLE WITHDRAWAL FORM

(The Buyer may fill in this form and send it to the Seller if he wishes to withdraw from the Purchase Contract within the meaning of Article 4. General Terms and Conditions)