I. Basic Provisions
These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code of Czech Republic (hereinafter referred to as the "Civil Code"). BRAINIO s.r.o, ID: 05939721, VAT ID: CZ05939721, registered office: Korunní 2569/108, Vinohrady, 101 00, Prague, registered at the Municipal Court in Prague.
Contact details:
Email: tym@flow-nutrition.cz Customer hotline: +420 720 651 294 Website: https://flow-nutrition.cz/ (hereinafter referred to as the "seller")
These terms and conditions regulate the mutual rights and obligations of the seller and a natural person concluding a purchase contract outside of their business activities as a consumer, or within their business activities (hereinafter referred to as the "buyer") through the web interface located on the website available at the internet address https://flow-nutrition.cz/ (hereinafter referred to as the "online store"). The provisions of the terms and conditions are an integral part of the purchase contract. Deviating agreements in the purchase contract take precedence over the provisions of these terms and conditions.
II. Information on Goods and Prices
Information about the goods, including the prices of individual goods and their main characteristics, is provided for each item in the catalog of the online store. The prices of goods are stated including value-added tax, all related fees, and costs for returning the goods if, by its nature, the goods cannot be returned by regular mail. 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 agreed conditions. 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 merchandise. 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 specified in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic. Any discounts on the purchase price of goods cannot be combined unless otherwise agreed upon by the seller and the buyer.
III. Order and Conclusion of Purchase Contract
The costs incurred by the buyer when using means of distance communication in connection with the conclusion of a purchase contract (costs of internet connection, telephone calls) shall be borne by the buyer. These costs do not differ from the basic rate. The buyer places an order for goods in the following ways:
- through their customer account if they have registered in the online store beforehand,
- by completing an order form without registration.
When placing an order, the buyer selects the goods, quantity of goods, method of payment, and delivery.
Before submitting the order, the buyer is allowed to check and modify the data entered into the order. The buyer sends the order to the seller by clicking the "Pay" or "Complete order" button. The data stated in the order are 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 these terms and conditions.
Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the email address provided by the buyer during the order. This confirmation is automatic and does not constitute a contract. The purchase contract is concluded only upon acceptance of the order by the seller.
Notification of acceptance of the order is delivered to the buyer's email address. If any of the requirements stated in the order cannot be met by the seller, the seller will send the buyer an amended offer to their email address. The amended offer constitutes a new proposal for a purchase contract, and the purchase contract is concluded in such a case by the buyer's acceptance of this offer to the seller's email address specified in these terms and conditions. All orders accepted by the seller are binding.
The buyer may cancel the order until the buyer receives notification of acceptance of the order by the seller. The buyer may cancel the order by phone at the telephone number or email of the seller specified in these terms and conditions. If there has been 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 clearly incorrect price, even if the buyer has received an automatic confirmation of the order receipt according to these terms and conditions.
The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to their email address. The amended offer constitutes a new proposal for a purchase contract, and the purchase contract is concluded in such a case by the buyer's acceptance to the seller's email address.
IV. Customer Account
Upon registration performed by the buyer 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.
When registering for a customer account and when ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is required to update the information provided in the user account whenever it changes. The information provided by the buyer in the customer account and when ordering goods is considered correct by the seller.
Access to the customer account is secured by a username and password. The buyer is obliged 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.
The buyer is not authorized to allow third parties to use their customer account. The seller may cancel the user account, especially if the buyer does not use their user account for a longer period or if the buyer violates their obligations from the purchase agreement and these terms and conditions.
The buyer acknowledges that the user account may not be available continuously, especially considering the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.
V. Payment Terms and Delivery of Goods
The price of goods and any costs associated with the delivery of goods under the purchase contract may be paid by the buyer in the following ways:
- Non-cash payment by payment card or by bank transfer
- Cash on delivery or non-cash payment by payment card upon delivery of the goods.
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 also includes the costs associated with the delivery of the goods. In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of payment through a payment gateway, the buyer shall follow the instructions of the relevant electronic payment service provider.
The seller does not require any advance payment or similar payment from the buyer. Payment of the purchase price before the goods are dispatched is not considered an advance payment. The goods are delivered to the address specified by the buyer in the order. Unless otherwise stated in the product details, the goods will be delivered without undue delay, but no later than within 30 days. If the order includes a product for which delivery is announced in a longer period than 30 days, the entire order will be dispatched only when the product with the longest delivery time is in stock. If desired, it is possible to arrange the splitting of the order and the delivery of products that are in stock preferentially by contacting the telephone number or email address provided in these terms and conditions. In such a case, the customer bears the shipping cost for partial orders that do not reach the amount of 1,500 CZK, which is decisive for free shipping.
The choice of delivery method is made during the ordering process. The costs of delivering the goods depending on the method of dispatch and receipt of the goods are stated in the buyer's order and in the order confirmation by the seller. If the method of delivery is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of delivery.
If, according to the purchase contract, the seller is obliged to deliver the goods to the place designated by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If, for reasons attributable to the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated 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.
Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier. In the event of finding damage to the packaging indicating unauthorized entry into the shipment, the buyer is not obligated to accept the shipment from the carrier. The seller issues a tax document - an invoice to the buyer. The tax document is sent to the buyer's email address.
The buyer acquires ownership of the goods by paying the full purchase price for the goods, including the delivery costs, but no earlier than upon receipt of the goods. However, the responsibility for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of receipt of the goods or at the moment when the buyer was supposed to take over the goods but failed to do so in accordance with the purchase contract.
VI. Withdrawal from the Contract
The buyer, who has concluded a purchase contract outside of their business activities as a consumer, has the right to withdraw from the purchase contract. The withdrawal period from the contract is 30 days:
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of goods, if the contract concerns several types of goods or delivery of several parts,
- from the date of receipt of the first delivery of goods, if the contract concerns regular repeated delivery of goods. Among other reasons, the buyer cannot withdraw from the purchase contract:
- for the provision of services if they have been fully provided; in the case of performance for a fee, only if it began with the prior express consent of the consumer before the expiration of the withdrawal period from the contract, and the trader informed the consumer before concluding the contract that the right to withdraw from the contract ceases upon performance,
- for the delivery of goods or services whose price depends on fluctuations in the financial market independently of the trader's will and which may occur during the withdrawal period from the contract,
- for the delivery of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract with the provision that delivery is possible only after the expiration of thirty days and whose price depends on market fluctuations independent of the trader,
- for the delivery of goods made to the consumer's specifications or adapted to their personal needs,
- for the delivery of perishable goods or goods with a short shelf life, as well as goods that, due to their nature, have been irreversibly mixed with other goods after delivery,
- for urgent repairs or maintenance to be carried out at the consumer's designated location at their express request; however, this does not apply to the performance of repairs other than those requested or the delivery of goods other than spare parts necessary for the repair or maintenance,
- for the delivery of goods in sealed packaging that is not suitable for return due to health protection or hygiene reasons once the consumer has breached the seal,
- for the delivery of sound or image recordings or computer programs in sealed packaging, if the consumer has breached the seal,
- for the delivery of newspapers, periodicals, or magazines, except for subscription contracts for their delivery,
- for accommodation, the transportation of goods, the rental of vehicles, catering, or the provision of leisure activities, if according to the contract it is to be performed on a specific date or during a specific period,
- concluded on the basis of a public auction under another law, where the consumer may be physically present, or
- for the delivery of digital content that is not supplied on a tangible medium once performance has begun; in the case of performance for a fee, only if it began with the prior express consent of the consumer before the expiration of the withdrawal period from the contract, the consumer has been informed that the right to withdraw from the contract ceases, and the trader has provided confirmation to the consumer under § 1824a para. 1 and 2 or § 1828 para. 3 and 4.
To comply with the withdrawal period from the contract, the buyer must send a statement of withdrawal within the withdrawal period from the contract. The consumer may withdraw from the contract by any clear statement made to the trader. To withdraw from the purchase contract, the buyer can use, for example, a withdrawal form provided by the seller. The seller shall promptly confirm to the buyer in writing the receipt of the form.
The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 30 days from the 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 regular mail due to their nature. If the buyer withdraws from the contract, the seller shall promptly, but no later than 14 days from the withdrawal from the contract, return to the buyer all funds received, including delivery costs, received from the buyer, using the same means of payment. The seller shall refund the received funds to the buyer in a different way only if agreed by the buyer and if it does not result in additional costs for the buyer. If the buyer has chosen a method of delivery other than the cheapest one offered by the seller, the seller shall refund to the buyer the cost of delivering the goods in an amount corresponding to the cheapest offered method of delivering the goods.
If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received from the buyer until the buyer hands over the goods to the seller or proves that the goods have been sent to the seller.
The buyer must return the goods to the seller undamaged and, if possible, in the original packaging. The seller is entitled to unilaterally set off any claim for damages incurred on the goods against the buyer's claim for a refund of the purchase price. The seller is entitled to withdraw from the purchase contract due to depletion of stock, unavailability of goods, or if the manufacturer, importer, or supplier of goods has discontinued production or import of goods. The seller shall promptly inform the buyer via the email address provided in the order and return within 30 days from the notification of withdrawal from the purchase contract all funds received from the buyer based on the contract, including delivery costs, to the buyer using the same means, or by the method specified by the buyer.
VII. Rights from Defective Performance
The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular, the provisions of §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended). The seller is responsible to the buyer that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer received the goods:
- the goods have the qualities that the parties agreed upon, and if there is no agreement, they have such qualities that the seller or 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 its use or for the purpose for which goods of this kind are usually used,
- the goods correspond to the agreed quality or design by a sample or model if the quality or design was determined according to the agreed sample or model,
- the goods are in the appropriate quantity, measure, or weight, and
- the goods comply with the requirements of legal regulations.
The provisions stated in Article 8.2 of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear caused by its normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had at the time of delivery to the buyer, or if it arises from the nature of the goods. If a defect appears within six months from receipt, it is considered that the goods were defective already at the time of receipt. The buyer is entitled to exercise the right from the defect that occurs in consumer goods within twenty-four (24) months from receipt. The buyer exercises the rights from defective performance against the seller at their registered office address. The moment of submitting a complaint is considered when the seller receives defective goods from the buyer. In case of complaints, the customer always contacts the seller first at tym@flow-nutrition.cz or by phone. Goods are returned to the seller's registered office address only by agreement and always with photographic documentation of the product. Further rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
No rights of the buyer-consumer can be applied to gifts provided entirely free of charge. Such goods meet the conditions of a gift contract and all standards according to applicable Czech legal regulations.
VIII. Delivery
The contracting parties may mutually deliver all written correspondence via email. The buyer delivers correspondence to the seller to the email address provided in these terms and conditions. The seller delivers correspondence to the buyer to the email address provided in their customer account or in the order.
IX. Final Provisions
All agreements between the seller and the buyer are governed by the legal system of the Czech Republic. If a relationship established by a sales contract contains an international element, then the parties agree that the relationship shall be governed by Czech law. This does not affect the rights of the consumer arising from generally binding legal regulations.
In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.
All rights to the seller's websites, especially copyrights 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 websites or their parts without the consent of the seller.
The seller is not responsible for errors resulting from the intervention of third parties into the online store or from its use contrary to its purpose. The buyer may not use procedures that could have a negative impact on its operation when using the online store and may not engage in any activity that could allow unauthorized interference or unauthorized use of the software or other components comprising the online store, and may not use the online store or its parts or software equipment in a manner that is contrary to its purpose or objective.
Hereby, the buyer assumes the risk of changing circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
The sales contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effectiveness of the previous version of the terms and conditions.
The annex to the terms and conditions is a template form for withdrawal from the contract.
These terms and conditions shall become effective on September 1, 2023.