Terms and Conditions

I.

Basic Provisions

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

Ing. Jiří Samuel
Jana Čapka 186/6
370 06 České Budějovice 5
ID: 05274851
VAT ID: CZ8201154522
registered in the Trade Register on July 29, 2016.

Contact details:
Email: info@healthychewinggum.com
Phone: +420 777 483 093
Website: https://www.healthychewinggum.com/
(hereinafter referred to as the “seller”)

  1. These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside their business activity as a consumer, or a natural or legal person within their business activity (hereinafter referred to as the “buyer“) through the web interface located on the website available at https://www.healthychewinggum.com (hereinafter referred to as the “online store“).
  2. The provisions of the terms and conditions are an integral part of the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of these terms and conditions.
  3. These terms and conditions and the purchase contract are concluded in the Czech language.

II.

Information about Goods and Prices

  1. Information about the goods, including the prices of individual goods and their main characteristics, is provided for each item of goods in the catalog of the online store. The prices of goods are stated including value-added tax. 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 expressly stated otherwise, the purchase price is understood to include the costs associated with the delivery of goods. The prices of goods remain valid for the period they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract under individually negotiated terms. In some cases, the product may include both the purchase price and information about the lowest price before the discount, which is the lowest price the product was sold or offered for sale in the online store for the last 30 days before the start of the promotion, or from the beginning of the sale of the product in the online store, if this period is shorter than 30 days from the date of the first discount.
  2. All presentations of goods placed in the catalog of the online store are of an informative nature, and the seller is not obliged to conclude a purchase contract regarding this goods.
  3. Information on the costs associated with packaging and delivery of goods is published in the online store. Information on the costs associated with packaging and delivery of goods listed in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic.
  4. Any discounts from the purchase price of goods cannot be combined unless the seller agrees otherwise with the buyer.

III.

Order and Conclusion of the Purchase Agreement

  1. The buyer agrees to the use of means of distance communication when concluding a purchase agreement. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of a purchase agreement (costs of internet connection, telephone calls) are borne by the buyer. These costs do not differ from the base rate.
  2. The buyer places an order for goods in the following ways:
  • Through their customer account, if they have previously registered with the online store,
  • By filling out the order form without registration.
  1. When placing an order, the buyer selects the goods, the quantity of goods, the method of payment, and delivery.
  2. Before submitting the order, the buyer is allowed to check and change the data entered into the order. The information provided in the order is considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and the buyer’s confirmation that they have read and agree to these terms and conditions.
  3. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address provided by the buyer during the order. This confirmation is considered the conclusion of the contract. Attached to the confirmation are the current terms and conditions of the seller. The purchase contract is concluded by confirming the order by the seller to the buyer’s email address.
  4. If any of the requirements specified in the order cannot be met by the seller, the seller will send the buyer an amended offer to the buyer’s email address. The amended offer is considered a new proposal for a purchase agreement, and in such a case, the purchase agreement is concluded by the buyer’s confirmation of acceptance of this offer to the seller’s email address provided in these terms and conditions.
  5. All orders accepted by the seller are binding. The buyer may cancel the order until the seller sends a notification of acceptance of the order to the buyer. The buyer may cancel the order by phone at the phone number or by email to the seller’s email address specified in these terms and conditions.
  6. In the event of an obvious technical error on the part of the seller in stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price. The seller will inform the buyer of the error without undue delay and will send the buyer an amended offer. The amended offer is considered a new proposal for a purchase agreement, and in such a case, the purchase agreement is concluded by the buyer’s confirmation of acceptance to the seller’s email address. Further conditions for canceling the order by the seller are set out in Article VI. 11.

IV.

Customer Account

  1. Based on the registration of the buyer made in the online store, the buyer can access their customer account. From their customer account, the buyer can place orders for goods. The buyer can also order goods without registration.
  2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is required to update the data in the user account whenever it changes. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
  3. Access to the customer account is secured by a username and password. The buyer is required to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
  4. The buyer is not authorized to enable the use of their customer account by third parties.
  5. The seller may cancel the user account, especially when the buyer no longer uses their user account or when the buyer violates their obligations under the purchase agreement or these terms and conditions.
  6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller’s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

V.

Payment Terms and Delivery of Goods

  1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement by the following means:
  • By a bank transfer to the seller’s bank account.
  • By a bank transfer to the seller’s bank account using a QR code.
  • By a card payment.
  • By a bank transfer to the seller’s account through the Comgate payment gateway. The seller is entitled to request payment of the entire purchase price from the buyer before the goods are dispatched. The provisions of § 2119(1) of the Civil Code shall not apply. The buyer shall only take possession of the goods after their complete payment unless otherwise agreed.
  1. In addition to the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of the goods.
  2. In the case of non-cash payment, the purchase price is due within 7 days of concluding the purchase agreement for consumer buyers (physical persons not acting in the course of their business) and within 14 days of concluding the purchase agreement for buyers who are businesses or legal entities.
  3. In the case of a non-cash payment, the buyer is required to pay the purchase price of the goods along with the specification of the payment variable symbol, which is the order number. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s bank account.
  4. In the case of payment through a payment gateway, the buyer shall follow the instructions provided by the respective electronic payment service provider.
  5. The seller does not require any advance or similar payments from the buyer. Payment of the purchase price before the goods are dispatched is not considered an advance.
  6. The goods are delivered to the buyer:
  • At the address specified by the buyer in the order.
  • Via a parcel collection point at the address of the collection point selected by the buyer.
  1. The choice of delivery method is made during the ordering of the goods.
  2. The costs of delivery vary depending on the method of delivery and the acceptance of the goods, as stated in the buyer’s order and order confirmation. If the method of delivery is agreed upon at the buyer’s special request, the buyer bears the risk and any additional costs associated with this method of delivery.
  3. If, under the purchase agreement, the seller is obliged to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer shall bear the costs associated with the repeated delivery of the goods or a different method of delivery.
  4. When taking over the goods from the carrier, the buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. In the event of finding a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer is not obliged to take over the shipment from the carrier.
  5. Upon payment of the price of the goods, the seller issues a tax document – an invoice to the buyer. The tax document is sent to the buyer’s email address. The seller is a value-added tax payer.
  6. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including the costs of delivery, but not before taking possession of the goods.
  7. The risk of accidental destruction, damage, or loss of the goods passes to the buyer at the moment of taking possession of the goods or at the moment when the buyer was supposed to take possession of the goods but failed to do so in violation of the purchase agreement.

VI.

Withdrawal from the Contract

  1. The buyer who has entered into a purchase agreement outside of their business activities as a consumer has the right to withdraw from the purchase agreement. The provisions of Article VI of the terms and conditions shall not apply to a buyer who is a business and declares this fact in the order. The right of a business buyer to withdraw from a contract concluded with the seller shall be governed exclusively by the relevant provisions of legal regulations, unless the contracting parties agree otherwise in a specific case.
  2. The buyer acknowledges that they cannot withdraw from the purchase agreement in particular cases such as:
    • The supply of goods in a sealed package that the buyer has removed from the packaging, and for hygienic reasons, it cannot be returned.
    • The provision of services if they have been provided with the buyer’s prior express consent before the withdrawal period expires, and the seller informed the buyer before concluding the contract that in such a case, they do not have the right to withdraw from the contract.
    • The supply of goods or services, the price of which depends on fluctuations in the financial market beyond the control of the seller and which may occur during the withdrawal period.
    • The supply of goods made to the buyer’s specifications or clearly personalized.
    • The supply of goods that are liable to deteriorate rapidly, as well as goods that have been mixed irreversibly with other items after delivery.
    • Sound or video recordings or computer software delivered in a sealed package if the buyer has broken the seal.
    • In other cases set out in Section 1837 of the Civil Code.
  3. If it is not a case listed in Article VI.3 above, or another case where withdrawal from the purchase agreement is not possible, the buyer has the right to withdraw from the purchase agreement within 14 days from the day when the buyer or a third party designated by the buyer other than the carrier takes possession of the goods, or:
    • The last item of goods if the buyer orders several items of goods in one order, which are delivered separately.
    • The last item or part of the delivery of goods consisting of several items or parts.
    • The first delivery of goods if regular delivery of goods is agreed in the contract for a specified period.
  4. To meet the withdrawal deadline, the buyer must send a withdrawal statement to the seller within the withdrawal period.
  5. For withdrawal from the purchase agreement, the buyer may use the withdrawal form provided by the seller. The buyer shall send the withdrawal from the purchase agreement to the email or delivery address of the seller as specified in these terms and conditions. The seller shall promptly confirm the receipt of the form to the buyer. Download the form here.
  6. In the event of withdrawal from the purchase agreement, the purchase agreement is canceled from the beginning. The buyer who has withdrawn from the contract is obliged to return the goods to the seller without undue delay, no later than 14 days from the withdrawal from the contract to the seller. The deadline is maintained if the buyer sends the goods back before the expiry of the 14-day period. The buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.
  7. If the buyer withdraws from the purchase agreement, the seller shall return all funds received from the buyer, including delivery costs, without undue delay, but no later than 14 days from the withdrawal from the contract, in the same manner. The seller shall return the funds to the buyer in another way only if the buyer agrees to it, and no additional fees are charged to the buyer as a result.
  8. If the buyer chose a delivery method other than the cheapest one offered by the seller, the seller shall refund the cost of delivering the goods in the amount corresponding to the cheapest method of delivering the goods offered.
  9. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer until the buyer returns the goods to the seller or proves that the goods were sent to the seller.
  10. The buyer must return the goods to the seller undamaged, unused, and unsoiled, if possible, in the original packaging. The seller is entitled to unilaterally set off a claim for damages incurred on the goods against the buyer’s claim for a refund of the purchase price.
  11. In cases where the buyer has the right to withdraw from the contract in accordance with Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the contract at any time until the buyer takes possession of the goods. In such a case, the seller shall refund the purchase price to the buyer without undue delay, and at the latest within 14 days of notifying the buyer of the withdrawal from the purchase agreement.
  12. Cancellation of the Order by the Seller
    • 12.1 The seller reserves the right to cancel an order, even if the buyer has received an email confirming the order’s acceptance, in cases of an obvious error in the purchase price of the goods (i.e., a price that is clearly different from the usual price for this type or kind of goods), unless the goods in question are clearly marked as “discounted,” “clearance,” or similar. An obvious error in the price of goods may include, for example, a missing digit or other obvious typographical errors. In case of doubt whether the goods are genuinely discounted or if it’s an obvious pricing error, the buyer is obliged to verify the purchase price with the seller in advance. If this situation occurs, the seller will promptly contact the buyer to discuss further steps.
    • 12.2 The seller is entitled to cancel an order due to the exhaustion of stock, unavailability of goods, or when the manufacturer, importer, or supplier of the goods has discontinued production or import of the goods. The seller shall promptly inform the buyer via the email address provided in the order, and within 14 days from notifying the buyer of the withdrawal from the purchase agreement, the seller shall refund all funds received from the buyer, including delivery costs, in the same manner or in a manner determined by the buyer.

VII.

Rights Arising from Defective Performance

  1. The seller is responsible to the buyer that the goods are free from defects upon receipt. Specifically, the seller is responsible to the buyer that, at the time when the buyer took possession of the goods:
    • the goods have the properties that the parties agreed upon; in the absence of an agreement, the goods have the properties that the seller or the manufacturer described or that the buyer expected given the nature of the goods and based on the advertising they conducted,
    • the goods are suitable for the purpose stated by the seller for their use or for the purpose for which goods of this kind are usually used,
    • the goods correspond to the quality or performance agreed upon by the sample or model, if the quality or performance was determined according to an agreed sample or model,
    • the goods are in the appropriate quantity, measure, or weight, and
    • the goods comply with the requirements of legal regulations.
  2. The buyer is entitled to exercise their rights for a defect that occurs in consumer goods within twenty-four months from receipt. If the defect appears within one year from the receipt of the goods, it is presumed that the goods were defective already at the time of receipt, unless the nature of the goods or the defect excludes this presumption. This period does not run for the time during which the buyer cannot use the goods due to the defect, if they have reported the defect properly.
  3. If there is a time period indicated on the sold goods, on its packaging, in the instructions attached to the goods, or in advertising in accordance with other legal regulations, the provisions on quality guarantee shall apply. The seller guarantees the quality of the goods for a certain period, i.e., that the goods will be suitable for use for a usual purpose for that period or will retain their usual properties. If the buyer rightly asserts a defect to the seller, the statutory period for asserting rights from defective performance or the extended warranty period specified by the seller, the seller, or the manufacturer, which are necessary for the exercise of this extended quality guarantee, applies. This warranty is governed by the provisions of the Terms and Conditions of Rights from Defective Performance unless the confirmation of the seller’s obligations from defective performance (warranty certificate) or an agreement between the buyer and the seller provides otherwise.
  4. The provisions stated in the previous paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if it arises from the nature of the goods. The buyer’s right arising from defective performance shall not apply if the buyer knew before taking over the goods that the goods had a defect or if the buyer caused the defect themselves. For perishable goods or goods subject to rapid deterioration, a shorter period for asserting claims, usually the shelf life or the period for which the goods can be used for their intended purpose, is indicated.
  5. The buyer shall exercise their rights arising from defective performance without undue delay after discovering that the goods are defective. The seller is not liable for the enlargement of the damage if the buyer uses the goods, despite knowing about the defect.
  6. A defect is considered a material breach of the purchase agreement if the buyer would not have concluded the purchase agreement if they had foreseen the defect when entering into the purchase agreement. In other cases, it is a defect that is not a material breach of the purchase agreement. If the defect is a material breach of the purchase agreement, the buyer has the right, at their choice, to have a new item delivered, a repair, a reasonable discount, or to withdraw from the purchase agreement (with the right to a full refund).
  7. If the defect is not a material breach of the purchase agreement, the buyer has the right to have the defect remedied or to a reasonable discount. The right to have a new item delivered, to exchange a component, to receive a discount from the price, or to withdraw from the purchase agreement exists regardless of the nature of the defect, if the buyer cannot properly use the item due to a repeated occurrence of the defect after repair or a greater number of defects.
  8. If a removable defect recurs after repair (usually the third claim for the same defect or the fourth for different defects) or if the goods have a greater number of defects (usually at least three defects simultaneously), the buyer has the right to request a discount on the purchase price, the exchange of goods, or withdrawal from the contract.
  9. The buyer cannot claim a discount on discounted goods for the reason for which the goods are discounted.
  10. When asserting a claim, the buyer is obliged to inform the seller of their chosen right. A change of choice without the consent of the seller is only possible if the buyer has requested the repair of an unremovable defect. If the buyer does not choose their right from a material breach of the contract in time, they have the same rights as in the case of a non-material breach of the contract.
  11. If the seller proves that the buyer knew about the defect before taking over the goods or caused it themselves, the seller is not obliged to meet the buyer’s claim.
  12. The buyer is obliged to deliver the claimed goods to the seller; the claimed goods cannot be sent to the seller by cash on delivery. Furthermore, the buyer must prove that the claimed goods were purchased from the seller, preferably by presenting a tax document, its copy, or in another suitable way.
  13. The seller is obliged to accept the claim at any store where the acceptance of the claim is possible or at the registered office or place of business. The seller is obliged to provide the buyer with a written confirmation of when the buyer asserted their right, what the content of the claim is, and the method of handling the claim requested by the buyer, as well as confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the repair, if applicable, or a written justification for rejecting the claim.
  14. The seller or their authorized employee shall decide on the claim immediately, and in complex cases within three business days. The time necessary for expert assessment of the defect, depending on the type of product or service, shall not be included in this period. The claim, including the removal of the defect, must be processed without undue delay, and no later than within 30 days from the date of asserting the claim, unless the seller and the buyer agree on a longer period. The expiration of this period without resolution is considered a material breach of the contract, and the buyer has the right to withdraw from the purchase agreement. The moment of asserting the claim is considered the moment when the buyer expresses their will (asserting the right from defective performance) to the seller.
  15. The seller shall inform the buyer in writing of the outcome of the claim.
  16. In the case of a valid claim, the buyer has the right to reimbursement of reasonable costs incurred in connection with the assertion of the claim. The buyer can exercise this right with the seller within one month after the warranty period has expired; otherwise, a court may not grant it.
  17. The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

VIII.

Delivery

  1. The parties to the contract may deliver all written correspondence to each other through electronic mail.
  2. The buyer delivers correspondence to the seller at the email address provided in these terms and conditions. The seller delivers correspondence to the buyer at the email address provided in their customer account or in the order.
  3. Handling consumer complaints is provided by the seller via electronic mail. Complaints can be sent to the seller’s email address. Information about the handling of the buyer’s complaint will be sent by the seller to the buyer’s email address. Other rules for handling complaints are not specified by the seller.

IX.

Personal Data

  1. The information obligation towards the buyer in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR) related to the processing of the buyer’s personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiating the purchase contract, and for the purpose of fulfilling the public law obligations of the seller is fulfilled by the seller through a special document.
  2. More detailed information about the protection of personal data can be found in the Privacy Policy of the seller.

X.

Out-of-Court Dispute Resolution

  1. For the out-of-court resolution of consumer disputes arising from a purchase agreement, the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent. The platform for online dispute resolution, available at http://ec.europa.eu/consumers/odr, can be used for resolving disputes between the seller and the buyer arising from the purchase agreement.
  2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer dispute resolution online).
  3. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out within the scope of its competence by the relevant trade licensing office. The Czech Trade Inspection carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection.

XI.

Final Provisions

  1. If a relationship established by a purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law pursuant to the preceding sentence does not deprive the consumer, who is a buyer, of the protection afforded to him by the provisions of the legal order from which there can be no derogation by agreement and which would apply in the absence of a choice of law under Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). If any provision of these terms and conditions is invalid or ineffective, or becomes invalid or ineffective, the invalid provision shall be replaced by a provision, the meaning of which comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
  2. The seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code in relation to the buyer.
  3. All rights to the seller’s website, in particular copyright to the content, including the layout of the page, photos, films, graphics, trademarks, logos, and other content and elements, belong to the seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the consent of the seller.
  4. The seller is not responsible for errors caused by third-party interventions in the online store or as a result of its use in violation of its purpose. When using the online store, the buyer must not use procedures that could have a negative impact on its operation and must not engage in any activities that could allow unauthorized interference with or unauthorized use of the software or other components that make up the online store, and must not use the online store or its parts or software equipment in a manner that would be contrary to its purpose or objective.
  5. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
  6. The purchase agreement, including these terms and conditions, is archived by the seller in electronic form and is not accessible.
  7. The wording of these terms and conditions may be amended or supplemented by the seller. This provision shall not affect the rights and obligations arising during the effectiveness of the previous wording of the terms and conditions.
  8. An annex to the terms and conditions is a model withdrawal form.
  9. The seller does not provide any means of online communication other than the address of its registered office, telephone number, and email address as specified in Article I above.

These terms and conditions shall enter into force on 27th October 2023.

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