The following general terms and conditions apply to the purchase of goods offered in the online stores www.neven7.eu, neven.cz, neven.sk, in accordance with §273 of Act No. 513/1991 Coll., the CZ Commercial Code in its current wording. The general terms and conditions define and specify the rights and obligations of the seller (Neven 7 s.r.o., with its registered office at Zavřená 27, Brno, ZIP code 634 00, Company ID: 29318513, registered at the Regional Court in Brno, Section C, File No. 77437) and the buyer, who can be either a natural person or a legal entity. Contact information can be found in the "Contacts" section.
1. Subject of the Purchase Agreement
The subject of the purchase agreement is the sale of goods offered in the online store.
2. Formation of the Purchase Agreement
The purchase agreement is formed by the seller’s acceptance of the buyer's order. By submitting the order, the buyer also confirms that they have read and agreed to these terms and conditions.
The order can be submitted:
- via the online store (hereinafter referred to as "e-shop")
- by email
- verbally by phone
- verbally in person.
The order must include the following necessary details required for successful processing of the order:
- date of order issuance
- name, surname and residence address, or business name and registered office of the buyer
- Company ID and VAT number, if the buyer is registered as a VAT payer
- product code and name according to the price list
- quantity of the ordered goods
- method of collection, delivery, and payment for the goods
- all other details that the buyer considers important.
Each order is binding. The order can be canceled by phone or email if the order status is "received" and the goods have not been dispatched.
The customer will receive an order confirmation along with a recap of the order after submitting their order. If the customer does not receive a confirmation email within 5 minutes of placing the order, it may be due to an incorrectly entered email address by the customer or due to technical issues with the e-shop platform. In such cases, the customer must contact the seller by email or phone to receive the confirmation directly from the seller.
3. Transfer of Ownership to Goods
The ownership of the goods transfers from the seller to the buyer upon payment for the goods.
The responsibility for handling complaints about damaged goods passes to the buyer when the goods are handed over to the first carrier for delivery to the destination.
4. Prices and Payment
The purchase price is determined by the seller's price list, valid on the day the order is accepted by the seller.
The purchase price can be paid
- by bank transfer to the seller's account No. 7424053001/5500 at Raiffeisenbank in the Czech Republic.
- by cash on delivery upon receipt of goods
- by credit card via the GoPay payment gateway
- via PayPal
Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods.
In case of payment in cash or cash on delivery, the purchase price is due upon receipt of the goods. In case of a cashless payment, the purchase price is due within 7 days from the conclusion of the purchase agreement (order confirmation by the seller).
In case of a cashless payment, the buyer must pay the purchase price for the goods with the payment variable symbol, which is the order number. The buyer's obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the seller's account.
5. Delivery Time and Place of Delivery
All orders will be handed over for shipment the next business day (in exceptional cases, the second following business day) after receiving payment into the seller's account in case of prepayment, or no later than one business day in other cases. If the buyer does not receive confirmation of the submission of their order within two business days, they have the right to contact the seller to inquire about the status of their order.
The buyer has the option to receive the ordered goods in the following ways:
- Courier service Ulozenka (delivery the next business day after dispatch)
- Czech Post (for information on delivery time, see www.ceskaposta.cz)
- Heurekapoint/Ulozenka (next business day from dispatch, for the Czech Republic)
- Courier service Zasilkovna (delivery the next business day after dispatch)
- DPD Classic/ParcelShop
- in person in Brno
The cost of shipping the goods from the seller to the buyer and any cash on delivery services will depend on the carrier's price list and the cost of packaging materials used for safe shipment of the ordered goods.
If the seller is obliged by the purchase agreement to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.
If, for reasons on the part of the buyer, the goods need to be delivered repeatedly or by a different method than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs of another method of delivery.
Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging and report any defects immediately to the carrier and the seller. If the packaging is found to be damaged in a way that indicates unauthorized entry into the shipment, the buyer is not obligated to accept the shipment from the carrier.
By signing the delivery note, the buyer confirms that the shipment met all conditions and requirements and no claims regarding the damaged packaging can be considered later.
Other rights and obligations related to the shipment of goods may be regulated by the seller's delivery terms.
6. Availability of Goods
The availability of goods is indicated as follows:
a. In Stock – The seller guarantees that the goods are in stock and will be shipped according to Chapter 5.b. Pre-order – The goods are not in stock with the seller, but are in stock with the seller’s supplier. The seller guarantees that after purchase and payment, the goods will be delivered to the buyer within a maximum of 10 business days.
c. Info in store – The goods are not in stock with the seller. The buyer must contact the seller before placing the order to find out the final price and delivery time.
If payment for the goods marked as "in stock" is made, but the goods are not in stock (due to an error by the seller), the seller will refund the buyer within 3 business days.
7. Documents Related to the Goods
The seller issues an invoice for EACH order. Documents will be sent to you only in PDF format via email. The buyer has the right to request the invoice in paper form in advance or at any time in electronic form (in PDF format).
8. Packaging of Goods
The seller is responsible for ensuring that the packaging of the delivered products meets all legal requirements.
The label in the Czech language includes:
- product name
- product weight
- product composition
- product energy values
- consume by date:
- other information according to labeling law
Further details about the products are available on the website neven.cz, neven.sk, or neven7.eu.
9. Product Quality
The seller guarantees the quality of the delivered goods until the product's stated expiry date. All goods are covered by the standard warranty according to the applicable provisions of the Civil Code.
The seller is not responsible for any quality defects caused by improper storage of food products by the buyer.
10. Product Defects and Claims
The buyer is obliged to inspect the delivered goods without unnecessary delay. In the case of mechanical damage to the delivery packaging, a report must be made in the presence of the carrier, and the buyer must have this confirmed by the carrier. Any defects concerning the quantity, type of ordered goods, accuracy of the invoice, or any visible defects in the goods must be claimed to the seller no later than 3 business days after receiving the goods.
If defects occur within the warranty period, the buyer must notify the seller in writing no later than 3 business days after discovering the defects. The complaint must describe the defect and the basis for the claim. For the complaint to be valid, the defect must be clearly demonstrable. Therefore, in agreement with the seller, it is necessary to secure the defective product and submit it to the seller, along with the circumstances of the sale and the conditions of previous storage. After agreement with the seller, the buyer must return the goods to the seller's address provided in the Contacts. The buyer is responsible for covering the transportation costs associated with returning the goods to the seller's address.
The seller will ensure professional evaluation of the defect and the validity of the complaint. In case of a valid complaint, the seller will replace the defective product or provide an appropriate discount.
The seller sets a period of 14 days for evaluating the defects of the products from the submission of the defective product and supporting materials about the defect.
11. Alternative Dispute Resolution
- Dear consumer, if you believe that we have caused you harm or failed to fulfill our obligations, please contact us at info@neven.cz.
- If we cannot resolve the dispute directly, according to Law No. 378/2015, which amends Law No. 634/1992 Coll. on Consumer Protection, you also have the right to alternative dispute resolution.
- The subject (ADR) of alternative dispute resolution between the merchant and the consumer is the Czech Trade Inspection, or another entity authorized by the Ministry of Industry and Trade, see http://www.mpo.cz/dokument169867.html.
- At the Czech Trade Inspection, the consumer can submit a proposal via the online form available on the Czech Trade Inspection website: https://adr.coi.cz/cs.
- The consumer may submit a proposal to the Czech Trade Inspection or the authorized entity no later than 1 year from the day they first exercised their right which is the subject of the dispute with the seller.
- The consumer can also submit a proposal via the EU online consumer dispute resolution platform, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=CS. Only consumers residing in the EU can submit a proposal against a trader located in the EU.
- If the disputing parties are dissatisfied with the quality of the alternative dispute resolution and believe that the Rules for Alternative Dispute Resolution have been violated during the process, they can file a complaint with the Ministry of Industry and Trade or email adr@mpo.cz.
- In the case of cross-border disputes, the European Consumer Centre Czech Republic helps consumers access the relevant alternative dispute resolution entity.
- Both parties bear their own costs related to the alternative dispute resolution process.
12. Additional Rights and Obligations of the Parties
The buyer acknowledges that the software and other components forming the online store interface (including photos of offered goods) are protected by copyright. The buyer agrees not to perform any activities that would allow them or third parties to unlawfully interfere with or unlawfully use the software or other components of the online store interface.
The buyer is not authorized to use mechanisms, software, or other procedures when using the online store interface that may negatively affect the operation of the store’s website. The online store interface may only be used to the extent that does not infringe upon the rights of other customers of the seller and is in accordance with its intended purpose.
The buyer acknowledges that the seller is not responsible for errors caused by third-party interventions into the website or by using the website contrary to its intended purpose.
13. Withdrawal from the Contract for Online Purchases
The consumer buyer has the right to withdraw from the contract in accordance with CZ § 1829 of the Civil Code within 14 days of receiving the goods if the contract was concluded using means of remote communication. If the consumer decides to exercise this right, they must deliver the withdrawal to the seller no later than the 14th day after receiving the goods. The seller is only entitled to reimbursement for actual costs incurred in returning the goods.
The right to withdraw from the contract does not apply to business buyers (if the Company ID is listed on the invoice).
We refund money only by bank transfer, PayPal, or in cash.
You can use the sample withdrawal form prepared by the Czech Trade Inspection, available for download HERE.
WITHDRAWAL AND RETURNED GOODS SHOULD BE SENT TO THE ADDRESS:
Neven 7 s.r.o.
Heršpická 800/6
639 00 Brno
14. Protection of Personal Data, Sending Commercial Messages, and Storing Cookies
The protection of the personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
The buyer agrees to the processing of their personal data: name and surname (or business name), residence address (or registered office), identification number, VAT number, email address, phone number, fax number, and possibly bank account (hereinafter collectively referred to as "personal data").
The buyer agrees to the processing of personal data by the seller for the purpose of fulfilling the rights and obligations from the purchase agreement and for sending information and commercial messages to the buyer.
The buyer acknowledges that they are obligated to provide accurate and truthful personal data (during registration, order, etc.) and that they must inform the seller of any changes to their personal data without undue delay.
The seller may entrust third parties with processing the buyer's personal data as processors. Apart from persons transporting goods, the seller will not pass personal data to third parties without the buyer's prior consent.
Personal data will be processed for an indefinite period. The personal data will be processed electronically by automated means or in printed form by non-automated means.
The buyer confirms that the provided personal data is accurate and that they have been informed that the provision of personal data is voluntary. The buyer declares that they have been informed that they can withdraw consent for the processing of personal data in relation to the seller by written notice sent to the seller's address.
If the buyer believes that the seller or the processor is processing their personal data in a manner that contradicts the protection of their private and personal life or in violation of the law, especially if personal data is inaccurate in relation to the purpose of processing, they may:
- request an explanation from the seller or processor
- request that the seller or processor rectify the situation. This may include blocking, correcting, supplementing, or deleting personal data. If the buyer's request is found to be justified, the seller or processor will immediately rectify the situation. If the seller or processor does not meet the request, the buyer has the right to directly contact the Office for Personal Data Protection. This provision does not affect the buyer's right to directly submit a complaint to the Office for Personal Data Protection.
If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to request an appropriate fee not exceeding the necessary costs of providing the information.
The buyer agrees to the sending of information related to goods, services, or the seller's business to the buyer’s email address and further agrees to receiving commercial messages from the seller on the buyer’s email address.
The buyer agrees to the sending of information related to goods, services, or the seller's business to the buyer’s email address and further agrees to receiving commercial messages from the seller on the buyer’s email address.
The buyer agrees to the storing of cookies on their computer. If a purchase on the website can be made and the seller’s obligations from the purchase agreement can be fulfilled without storing cookies on the buyer's computer, the buyer can revoke consent at any time as described in the previous sentence.
15. Final Provisions
The seller is authorized to sell goods based on a trade license, and the seller’s activities are not subject to any other permission. The relevant trade office conducts trade inspections within its competence.
The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The seller reserves the right to modify and make changes to these terms and conditions.
Other relationships between the seller and the buyer not specified here are governed by the provisions of the Commercial Code in its valid wording and the Civil Code.
The general terms and conditions of Neven 7 s.r.o. come into effect on June 13, 2018.