TERMS AND CONDITIONS

Internet shop https://www.norvely.com

1. Basic provisions

These General Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") of the company Matěj Bystroň, with its registered office at Sloupno, 28, 583 01, Sloupno, identification number: 76259773, registered in the Trade Register kept by the Municipal Office of Chotěboř, no. j. MCH-ObŽU/671/2016/Kr/3, tel.: +420 792 35 33 10, e-mail: info@norvely.com,

(hereinafter referred to as the "Seller") are issued pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code").

1.2 These Terms and Conditions govern the mutual rights and obligations of the parties arising in connection with or pursuant to a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the online store at https://www.norvely.com (hereinafter referred to as the "Online Store").

1.3 The Terms and Conditions and the Purchase Contract are primarily drawn up in the Czech language, unless the parties agree on another language. The contractual relationship is governed by Czech law in its effective version.

1.4 These Terms and Conditions define the relationship and the rights and obligations arising therefrom only between the Seller and the Buyer - a natural person who is not a businessman and who concludes the contract exclusively outside the scope of his business activity or independent exercise of his profession.

1.5 The Seller may change or supplement the wording of the Terms and Conditions pursuant to Section 1752 of Act No. 89/2012 Coll., the Civil Code. Changes to the Terms and Conditions shall be notified to the Buyer via the Seller's website, specifically at https://www.norvely.com in the Terms and Conditions, indicating the effective date of the new Terms and Conditions and the possibility of previewing the previous version.

The other party shall have the right to reject the changes, in the case of a contract concluded for a long term for re-performance, and to terminate the obligation for this reason within a period of one month from the date of entry into force of the new conditions.

2. Order of goods and conclusion of the purchase contract

2.1 The presentation of the goods listed in the online store https://www.norvely.com is not an offer to conclude a contract, it is only informative and the seller is not obliged to conclude a purchase contract regarding these goods.

2.2 The prices of the goods are inclusive of value added tax, if the Seller is liable for such tax (VAT), excluding shipping and handling. The price stated for the goods is the final price for the goods. The price of the goods is valid for as long as it is displayed in the online shop https://www.norvely.com.

2.3 The online shop https://www.norvely.com also contains in a specific place information on the costs associated with the packaging and delivery of the goods in the context of their delivery in the Czech Republic.

2.4 The costs associated with the packaging and delivery of the goods in the Czech Republic are always indicated before the order is sent via the website of this online shop. The costs are calculated according to public and private price lists of shipping companies depending on the weight, payment method and delivery method selected in the order form.

2.5 Before sending the order to the seller, the buyer is allowed to change the order and edit the data he has entered in the order and check the accuracy of the data entered.

2.6 Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (costs of telephone calls, costs of Internet connection, etc.) on the part of the Buyer shall be borne by the Buyer.

2.7 The Buyer orders the goods in the following ways:

- a) the buyer "adds" the ordered goods to the shopping cart of the online store, by pressing the "ADD TO CART" button, through his user account, if he has registered in the previous step in the online store https://www.norvely.com

- b) the buyer "adds" the ordered goods to the shopping cart of the online store by pressing the "ADD TO CART" button, without the need for a customer account and registration.

2.8 The Buyer sends the order to the Seller by clicking on the "ORDER BINDING PAYMENT" button. All information provided in the order is required by the Seller to be correct. The Buyer confirms that he/she has filled in all mandatory data correctly, to the best of his/her knowledge and belief when creating the order and by clicking on the "ORDER BINDING PAYMENT" button agrees to these terms and conditions.

2.9 All orders sent by the Buyer to the Seller shall be deemed binding by the Seller.

2.10 Immediately after sending the order to the Seller, the Seller shall issue a confirmation of delivery of the order to the Buyer via electronic mail to the contact specified by the Buyer in the order or in the user account of the online store https://www.norvely.com, where the Buyer has registered. This confirmation is not considered as a conclusion of the purchase contract.

2.11 Upon receipt of the order from the Buyer, the Seller shall have the right to contact the Buyer in order to fill in missing data, change and modify the data in the order, if any.

2.12 If the nature of the order requires it, the Seller is entitled to contact the Buyer and request his cooperation to conclude the purchase contract.

2.13 The conclusion of the purchase contract between the Seller and the Buyer shall only arise upon confirmation of the order by the Seller. The Seller shall issue an order confirmation to the Buyer and send it to the e-mail address provided by the Buyer in the order.

2.14 In the event of a technical malfunction on the part of the Seller, an apparent incorrect display of product prices or a combination of discounts causing the minimum price of the online shop order, the Seller is not obliged to deliver the goods or services to the Buyer at the stated price. This is not the case even if the order is confirmed or paid for by a non-cash payment (credit card, bank transfer or other payment method).

2.15 These terms and conditions apply only to the purchase of goods via the https://www.norvely.com online shop.

3. Price

3.1 The buyer can pay the price for the goods and any costs associated with transport, product modification (if the seller provides it directly in the online store) in the following ways:

a)      By bank transfer. We will send you the information for making the payment within the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 7 working days.

b)      By online card. In this case, payment is made via the PayU payment gateway, and payment is subject to the terms and conditions of this payment gateway, which are available at: https://corporate.payu.com/legal/ In the case of payment by card online, the Total Price is payable within 3 working days.

c)       Cash on delivery. In this case, payment will be made on delivery of the Goods against delivery of the Goods. In the case of payment on delivery, the Total Price is payable on receipt of the Goods.

3.2 The Buyer is obliged to pay the Seller the purchase price of the goods, but also the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

3.3 In the case of payment on delivery or in cash, the price of the goods shall be payable on receipt or on the date of delivery of the goods.

3.4 In the case of non-cash payment, the Buyer is obliged to pay the purchase price, together with the specified variable symbol, to the Seller's bank account. The buyer's obligation is fulfilled by crediting the appropriate amount of the purchase price to the seller's account.

3.5 Pursuant to the provisions of §1820 (1) (b) of the Civil Code, the Seller does not require the Buyer to make a deposit or any other similar payment. Payment of the purchase price of the goods prior to their dispatch cannot be considered as a deposit.

3.6 Any price advantages and discounts on the purchase price of the goods cannot be combined unless the Seller decides otherwise. The Buyer is always informed of the possible combination of discounts, rebates, etc. and the final price of the goods before the order is dispatched.

3.7 The tax document is prepared by the Seller only after the Buyer has paid the purchase price of the goods and is delivered by the Seller to the Buyer at the e-mail address provided by the Buyer in the order and/or physically handed over to the Buyer upon personal collection of the goods at the Seller's premises and/or sent to the Buyer together with the goods.

4. Delivery of goods

4.1 The cost of delivery of the goods is always specified in the order and the subsequent confirmation issued by the Seller, according to the method and type of delivery specified.

4.2 The Buyer is obliged to take delivery of the goods at the place specified in the order; failure to do so exposes the Buyer to the risk of non-delivery of the goods and their return to the Seller. In the event of a subsequent requested redelivery by the Seller, the Buyer acknowledges the repeated shipping costs in the amount of its original price.

4.3 The Buyer is obliged to thoroughly inspect the shipment upon receipt of the goods from the carrier to check whether the packaging or the goods themselves are damaged. If the buyer does not agree to accept the goods, he must notify the carrier without delay. In the event of defects in the packaging or the goods themselves, the buyer is not obliged to accept the shipment from the carrier.

4.4 By paying for the goods and accepting the goods from the carrier, the buyer acquires the right of ownership and all obligations related thereto. Upon acceptance of the goods by the buyer, the risk of damage to the goods passes to the buyer.

4.5 The goods are delivered to the buyer:

- Czech Post, GLS, DPD, Package

- To the address specified by the buyer in the order

- In the company's parcel outlet: Package, Balíkovna, Czech Post, GLS ParcelShop, DPD Pickup.

4.6 Personal collection is not charged.

4.7 The goods are usually delivered to the carrier within 2 working days.

4.8 The Seller will inform the Buyer of the possibility to pick up the goods in person by sending a message to the e-mail address or by phone call.

5. Customer account

5.1 The Buyer who registers in the online store https://www.norvely.com can access a user account from which he/she can create orders for goods. If the functionality of the shop allows ordering goods without registration, the buyer can also order goods without registration.

5.2 When registering for a user account and when ordering goods, the Buyer is obliged to provide correct and truthful information. In the event of a change in the data, the Buyer is obliged to update the data in the user account or to report the change to the Seller immediately. The data filled in by the Buyer are considered to be the only and correct data.

5.3 Access to the user account is protected by a user name and password. The Buyer is obliged to maintain confidentiality and the Buyer may not disclose these data to a third party, if he does so, then only on his own responsibility. The operator of https://www.norvely.com stores the access data to the Buyer's account in encrypted form.

5.4 The Seller shall not be liable for any misuse of the user account by a third party.

5.5 The Seller reserves the right to cancel the Buyer's user account, especially if the Buyer has not actively used it for a demonstrably longer period than 12 months. If the Buyer breaches the obligations of the Purchase Agreement and these General Terms and Conditions or any other commercial agreement with the operator of the https://www.norvely.com website.

5.6 The operator of the https://www.norvely.com website is not obliged to ensure the continuous operation of user accounts, especially for planned downtimes, updates or malfunctions.

6. Withdrawal from the buyer’s contract

6.1 According to the provisions of Section 1837 of the Civil Code, the buyer cannot withdraw from the purchase contract in the following cases:

- the provision of services if they have been performed with his prior express consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,

- the supply of goods or services the price of which depends on financial market fluctuations independent of the entrepreneur's will and which may occur during the withdrawal period,

- the delivery of alcoholic beverages which may be delivered only after the expiry of thirty days and the price of which depends on financial market fluctuations independent of the entrepreneur's will,

- the delivery of goods which have been adapted to the consumer's wishes or to his person,

- the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,

- repair or maintenance carried out at a place designated by the consumer at his request; this shall not apply, however, in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,

- the delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons,

- the supply of an audio or visual recording or a computer program if the original packaging has been damaged,

- the supply of newspapers, periodicals or magazines,

- accommodation, transport, catering or leisure, provided that the trader provides these services within the time limit set,

- concluded on the basis of a public auction pursuant to the law governing public auctions, or

- the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that in such a case he has no right of withdrawal.

6.2 Unless the cases referred to in paragraph 6.1 of these General Terms and Conditions of Withdrawal apply, the purchaser is entitled, pursuant to Section 1829(1) of the Civil Code, to withdraw from the purchase contract within 30 days of receipt of the goods.

6.3 If the order is divided or contains several parts (or goods) that are delivered at intervals, the withdrawal period starts from the delivery of the last part (goods).

6.4 Withdrawal from the purchase contract must be sent to the Seller within this period (at the latest 14 days after receipt of the last part or goods of the order).

6.5 In the event of withdrawal from the purchase contract pursuant to Section 1829 (1) of the Civil Code, the Seller shall return the funds received to the Buyer within 14 days of receipt of the goods. The Seller is not obliged to return the received funds to the Buyer before the goods are delivered back to the Seller or otherwise as agreed with the Buyer.

6.6 The Buyer shall return the goods to the Seller, which shall not be damaged, show no signs of excessive use and shall not be soiled or otherwise degraded. If possible, the Buyer shall also return the goods in their original packaging.

6.7 If the Seller offers several options for delivery of the goods, in the event of withdrawal from the contract and return of the goods by the Buyer to the Seller, the amount of postage shall always be refunded to the Buyer according to the cheapest method of delivery according to the given option. This amount is then refunded by the seller to the buyer, against the buyer's claim for a refund of the purchase price.

6.8 The funds will be returned to the Buyer in the same manner as received by the Seller, unless otherwise agreed with the Buyer.

6.9 If the order includes a gift from the Seller, the Buyer is not obliged to return the gift to the Seller by withdrawing from the Purchase Contract.

6.10 Withdrawal from the Purchase Agreement must be sent to the Seller at the delivery address specified in these Terms and Conditions or to the email address: info@norvely.com. The Seller shall promptly acknowledge receipt of the withdrawal from the Purchase Contract to the Buyer.

6.11 To withdraw from the Purchase Contract, it is possible to use the form provided by the Seller and listed at the end of these General Terms and Conditions. The withdrawal form is sent to the Buyer at the same time as the order confirmation and is also available for download separately at https://www.norvely.com.

6.12 The Seller shall be entitled to withdraw from the Purchase Contract up to the moment of acceptance of the goods by the Buyer. It may do so in several cases, such as the stock running out, interruption of the supply of goods from the manufacturer or supplier, or due to unavailability of the goods and other cases arising from a third party.

6.13 In the event of withdrawal from the Purchase Agreement by the Seller, the Seller shall immediately inform the Buyer by email, telephone or other communication channel. Any monies received, including shipping costs, from the Buyer shall be returned by the Seller in the same manner or in any other manner specified by the Buyer.

7. Rights from defective performance

7.1 Rights arising from defective performance are governed by the provisions of Sections 1914 to 1925, 2099 to 2117, and Sections 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., the Consumer Protection Act.

7.2 The Seller shall be liable to the Buyer that the item is free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the item,

- the item has the characteristics agreed between the parties and, in the absence of an agreement, those characteristics which the seller or the manufacturer described or which the buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them,

- the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,

- the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,

- the item is in the appropriate quantity, measure or weight,

- the goods comply with the requirements of the legislation.

7.3 If a defect becomes apparent within twelve months of acceptance, the goods shall be deemed to have been defective upon acceptance.

7.4 If the nature of the goods or services so permits, the purchaser shall have the right to inspect or demonstrate the function of the product.

7.5 If the buyer has not notified the defect without undue delay after he could have discovered it with timely inspection and due diligence, the court shall not grant him the right of defective performance. In the case of a latent defect, the same shall apply if the defect was not notified without undue delay after the buyer could have discovered it with reasonable diligence, but at the latest within two years after the delivery of the goods.

7.6 If a defect arises in the goods which makes it impossible to use the goods in the usual way, the buyer may exercise the seller's right of defective performance ("claim") and demand:

- remedy the defect by supplying a new item without the defect or by supplying the missing defect

- a reasonable discount on the purchase price,

- remedy the defect by repairing the item

- withdrawal from the contract.

7.7 The Buyer is entitled to withdraw from the Purchase Contract if the Goods:

- it has a material defect that makes it impossible to use in the usual way,

- if the goods cannot be used due to recurring defects and defects/defects after repair,

- in the case of a large number of defects (3 or more defects).

7.8 The Buyer shall inform the Seller in writing what right he has chosen when notifying the defect or without undue delay after notifying the Seller of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable.

7.9 As long as the Buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the Seller may supply what is missing or remedy the legal defect. The seller may remedy other defects at his option by repairing the item or by supplying a new item; the choice must not cause unreasonable costs to the buyer.

7.10 The buyer cannot exercise the right of defective performance if he knew of the defect at the time of acceptance or caused it himself.

7.11 The Seller shall be obliged to accept the claim at the address of the business premises or at the registered office and place of business, if the nature and type of the goods allow it. The Seller is obliged to issue a written confirmation to the Buyer when making a claim, in which it shall indicate the date on which the Buyer made the claim, what is the content of the claim, what method of settlement of the claim the Buyer requires and the Buyer's contact details for the purpose of providing information on the settlement of the claim. This obligation also applies to other persons designated to carry out the repair.

7.12 The claim, including the rectification of the defect, must be settled and the Buyer must be informed of this within thirty (30) days of the date of the claim, unless the Seller and the Buyer agree on a longer period.

7.13 The Buyer shall be entitled to exercise the right of a defect occurring in the Goods within twenty-four (24) months of receipt of the Goods. However, if the goods are goods with a stated expiry date, in such a case the period shall be reduced to the expiry date stated on the packaging.

7.14 If the Buyer has not notified the defect in time, he shall lose the right to withdraw from the contract.

7.15 Further rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaints procedure

8. Out-of-court dispute resolution

8.1 Disputes between the Seller and the Buyer shall be settled by the ordinary courts.

8.2 Pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended, the Buyer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract. The entity authorised to carry out out-of-court dispute resolution is the Czech Trade Inspection Authority (ČOI for short) at Štěpánská 567/15, 120 00, Prague 2 - Nové Město. How to proceed in the case of out-of-court settlement of consumer disputes, including the possibility of a proposal, can be found on the website https://www.coi.cz/ and https://www.coi.cz/informace-o-adr/.

8.3 Assistance in the case of cross-border out-of-court settlement of consumer disputes is provided by the European Consumer Centre Czech Republic (ESC CR). The contact address of the ESC CR is Štěpánská 567/15, 120 00 Prague 2 - Nové Město. Advice and information on individual markets, including the platform for out-of-court consumer dispute resolution, can be found on the websites https://evropskyspotrebitel.cz/ and https://ec.europa.eu/consumers/odr/main/.

9. Final provisions

9.1 Arrangements arising from these Terms and Conditions and the purchase contract concluded between the Buyer and the Seller under them, in the case of entry of a foreign entity, are subject to the laws of the Czech Republic. However, this does not affect the rights of the Buyer under Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I).

9.2 In the event of force majeure or any other failure of the online shop, the Seller is not responsible for the impossibility of order execution.

9.3 In the purchase contract, deviating provisions may be agreed upon, which then take precedence over the provisions of these terms and conditions.

9.4 The Purchase Agreement including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.

9.5 The sample withdrawal form, the sample complaint form and the complaint procedure are annexed to the terms and conditions.

9.6 Contact details of the Seller: Matěj Bystroň, Sloupno 28, Chotěboř, 583 01; e-mail: info@norvely.com, tel.: +420 792 35 33 10.

9.7 The Seller reserves the right to amend or supplement these Terms and Conditions. However, this provision does not affect the rights and obligations under the previous version of the General Terms and Conditions.

These terms and conditions shall take effect on 2.2.2023.