Terms and Conditions

§ 1 Scope of Application

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

  • Name: Nico distribution s.r.o.
  • Company ID (IČ): 096 27 014
  • Tax ID (DIČ): CZ09627014
  • Registered office: Lannova 2061/8, Nové Město, 110 00 Praha 1 (CZ)
  • File No.: C 339223, registered with the Municipal Court in Prague

Contact details:

(hereinafter referred to as the "Seller")

1. These terms and conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase contract outside the scope of their business activity as a consumer, or within the scope of their business activity (hereinafter referred to as: the Buyer), through the web interface located on the website available at www.healthygarden.shop (hereinafter referred to as the online shop).

2. The provisions of the terms and conditions form an integral part of the purchase contract. Any deviating arrangements in the purchase contract shall 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.

§ 2 Information on Goods and Prices

1. Information on goods, including the prices of individual items and their main characteristics, is provided for each item in the online shop's catalogue. Prices of goods are stated including value added tax, all related charges, and the cost of returning goods if, due to their nature, they cannot be returned by the usual postal route. Prices of goods remain valid for as long as they are displayed in the online shop. This provision does not preclude the conclusion of a purchase contract on individually agreed terms.

2. All presentation of goods placed in the online shop's catalogue is of an informative nature, and the Seller is not obliged to conclude a purchase contract in respect of such goods.

3. Information on the costs associated with the packaging and delivery of goods is published in the online shop. This information on packaging and delivery costs published in the online shop applies only where the goods are delivered within the territory of the Czech Republic.

§ 3 Order and Conclusion of the Purchase Contract

1. Costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the Buyer. These costs do not differ from the standard rate.

2. The Buyer places an order for goods in the following ways:

  • through their customer account, if they have previously registered in the online shop,
  • by filling in the order form without registration.

3. When placing an order, the Buyer selects the goods, the number of items, and the method of payment and delivery.

4. Before sending the order, the Buyer is allowed to check and change the details they have entered into the order. The Buyer sends the order to the Seller by clicking the Order button. The details stated in the order are considered correct by the Seller. The validity of the order is conditional upon the completion of all mandatory details in the order form and the Buyer's confirmation that they have familiarised themselves with these terms and conditions.

5. Immediately upon receipt of the order, the Seller shall send the Buyer confirmation of receipt of the order to the email address the Buyer provided when ordering. This confirmation is automatic and is not considered conclusion of the contract. The Seller's current terms and conditions are attached to the confirmation. The purchase contract is concluded only once the order has been accepted by the Seller. Notice of acceptance of the order is delivered to the Buyer's email address.

6. All orders accepted by the Seller are binding. The Buyer may cancel the order until such time as notice of the Seller's acceptance of the order has been delivered to the Buyer. The Buyer may cancel the order by telephone, using the telephone number or email address of the Seller stated in these terms and conditions.

7. If an obvious technical error occurred on the Seller's part in stating the price of the goods in the online shop, or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this clearly erroneous price, even if the Buyer has been sent an automatic confirmation of receipt of the order under these terms and conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to their email address. The amended offer is considered a new proposal for a purchase contract, and in such a case the purchase contract is concluded once the Buyer's confirmation of acceptance has been sent to the Seller's email address.

8. The goods in the online shop are intended only for persons over 18 years of age. By giving consent upon entering the online shop, the visitor confirms that they are of legal age. Verification of the Buyer's age (legal majority) will also be carried out by the courier upon delivery of the goods.

§ 4 Customer Account

1. Based on registration carried out by the Buyer in the online shop, the Buyer may access their customer account. From their customer account, the Buyer may place orders for goods. The Buyer may also order goods without registering.

2. When registering a customer account and when ordering goods, the Buyer is obliged to state all details correctly and truthfully. The Buyer is obliged to update the details stated in the user account whenever they change. The details 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 obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller shall not be liable for any misuse of the customer account by third parties.

4. The Buyer is not entitled to allow the customer account to be used by third parties.

5. The Seller may cancel the user account, in particular where the Buyer no longer uses their user account, or where the Buyer breaches their obligations under the purchase contract and these terms and conditions.

6. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software, or the necessary maintenance of third parties' hardware and software.

§ 5 Payment Terms and Delivery of Goods

The Buyer may pay the price of the goods and any costs associated with the delivery of goods under the purchase contract in the following way:

  • online card payment via the Global Payments payment gateway

1. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall hereinafter also include the costs associated with the delivery of goods.

2. In the case of a non-cash payment, the purchase price is due immediately.

3. In the case of a 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. The Seller does not require any advance payment or other similar payment from the Buyer in advance. Payment of the purchase price before the goods are dispatched does not constitute an advance payment.

5. Under the Sales Registration Act, the Seller is obliged to issue the Buyer with a receipt. The Seller is also obliged to register the sales received with the tax authority online, or, in the event of a technical outage, no later than within 48 hours.

6. The goods are delivered to the Buyer at the address specified by the Buyer in the order, through the courier company UPS or Zásilkovna.

7. The method of delivery is selected during the ordering of the goods.

8. The costs of delivering the goods, depending on the method of dispatch and collection of the goods, are stated in the Buyer's order and in the Seller's order confirmation. Where the method of transport is agreed at the Buyer's special request, the Buyer bears the risk and any additional costs associated with that method of transport.

9. Where the Seller is obliged under the purchase contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods on delivery. If, for reasons on the Buyer's part, it is necessary to deliver the goods 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 associated with the different method of delivery, as applicable.

10. On taking delivery of the goods from the carrier, the Buyer is obliged to check that the packaging of the goods is intact and to notify the carrier immediately of any defects. If damage to the packaging is found indicating unauthorised entry into the shipment, the Buyer need not accept the shipment from the carrier.

11. The Seller shall issue the Buyer with a tax document – an invoice. The tax document is sent to the Buyer's email address. The tax document is attached to the delivered goods in electronic form.

12. The Buyer acquires title to the goods upon payment of the full purchase price for the goods, including the delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage to, or loss of the goods passes to the Buyer at the moment of taking delivery of the goods, or at the moment when the Buyer was obliged to take delivery of the goods but failed to do so in breach of the purchase contract.

§ 6 Withdrawal from the Contract

1. A Buyer who has concluded a purchase contract outside the scope of their business activity as a consumer has the right to withdraw from the purchase contract.

2. The period for withdrawal from the contract is 14 days:

  • from the date of taking delivery of the goods,
  • from the date of taking delivery of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts,
  • from the date of taking delivery of the first delivery of goods, if the subject of the contract is regular, recurring delivery of goods.

3. Among other things, the Buyer may not withdraw from the purchase contract in the case of:

  • the provision of services, if they have been performed with the Buyer's prior express consent before the expiry of the withdrawal period, and the Seller informed the Buyer before concluding the contract that in such a case the Buyer has no right of withdrawal,
  • the delivery of goods or services whose price depends on fluctuations in the financial market independent of the Seller's will, and which may occur during the withdrawal period,
  • the delivery of goods that have been customised according to the Buyer's wishes or for their person,
  • the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery,
  • the delivery of goods in sealed packaging which the Buyer has removed from the packaging and which cannot be returned for hygiene reasons,
  • the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the Buyer's prior express consent before the expiry of the withdrawal period, and the Seller informed the Buyer before concluding the contract that in such a case the Buyer has no right of withdrawal,
  • in other cases set out in § 1837 of the Civil Code.

4. To comply with the withdrawal period, the Buyer must send the declaration of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the Buyer may use the sample withdrawal form provided by the Seller. The Buyer shall send the withdrawal from the purchase contract to the Seller's email or delivery address stated in these terms and conditions. The Seller shall confirm receipt of the form to the Buyer without undue delay.

6. A Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawing from the contract. The Buyer bears the costs associated with returning the goods to the Seller, even where the goods cannot, due to their nature, be returned by the usual postal route.

7. If the Buyer withdraws from the contract, the Seller shall return to the Buyer, without undue delay and no later than 14 days after withdrawal from the contract, all funds received from the Buyer, including delivery costs, using the same method of payment. The Seller shall return the funds received by another method only if the Buyer agrees to it and if this does not incur any additional costs for the Buyer.

8. If the Buyer has chosen a method of delivery other than the cheapest one offered by the Seller, the Seller shall reimburse the Buyer for the delivery costs in an amount corresponding to the cheapest delivery method offered.

9. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer has handed over the goods or proven that the goods have been sent to the Seller.

10. The Buyer must return the goods to the Seller undamaged, unworn and unsoiled, and, if possible, in their original packaging. The Seller is entitled to unilaterally set off its claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.

11. The Seller is entitled to withdraw from the purchase contract due to the goods being sold out, unavailable, or where the manufacturer, importer or supplier of the goods has discontinued production or import of the goods. The Seller shall inform the Buyer without undue delay via the email address stated in the order and shall, within 14 days of the notice of withdrawal from the purchase contract, return all funds received from the Buyer under the contract, including delivery costs, using the same method of payment, or a method specified by the Buyer.

§ 7 Rights Arising from Defective Performance

1. The Seller warrants to the Buyer that the goods are free of defects on receipt. In particular, the Seller warrants to the Buyer that, at the time the Buyer took delivery of the goods:

  • the goods have the characteristics agreed upon by the parties, and in the absence of such an agreement, have the characteristics described by the Seller or the manufacturer, or which the Buyer expected given the nature of the goods and on the basis of advertising carried out by them,
  • the goods are fit for the purpose stated by the Seller for their use, or for which goods of this kind are usually used,
  • the quality or design of the goods corresponds to the agreed sample or model, where the quality or design 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 applicable legislation.

2. If a defect becomes apparent within six months of the Buyer taking delivery of the goods, the goods shall be deemed to have been defective already on delivery. The Buyer is entitled to exercise a right arising from a defect that appears in consumer goods within twenty-four months of delivery. This provision does not apply to goods sold at a lower price in respect of the defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to defects in used goods corresponding to the degree of use or wear the goods had at the time the Buyer took delivery, or where this follows from the nature of the goods.

3. If a defect occurs, the Buyer may submit a complaint to the Seller and request:

  • replacement with new goods,
  • repair of the goods,
  • a reasonable discount from the purchase price,
  • withdrawal from the contract.

4. The Buyer has the right to withdraw from the contract:

  • if the goods have a material defect,
  • if they cannot properly use the item due to the recurrence of a defect or defects after repair,
  • if the goods have a greater number of defects.

5. The Seller is obliged to accept complaints at its registered office or place of business. The Seller is obliged to issue the Buyer with written confirmation of when the Buyer exercised the right, what the complaint concerns, and what method of handling the complaint the Buyer requests, as well as confirmation of the date and method of handling the complaint, including confirmation of any repair carried out and its duration, or, where applicable, a written justification for rejecting the complaint.

6. The Seller or an employee authorised by it shall decide on the complaint immediately, or within three working days in complex cases. This period does not include the time reasonably required, depending on the type of product or service, for expert assessment of the defect. The complaint, including remedying the defect, must be handled without undue delay, no later than 30 days from the date the complaint was made, unless the Seller and the Buyer agree on a longer period. The fruitless expiry of this period shall be deemed a material breach of the contract, and the Buyer has the right to withdraw from the purchase contract. The moment the complaint is made is deemed to be the moment the Buyer's declaration of intent (exercise of the right arising from defective performance) reaches the Seller.

7. The Seller shall inform the Buyer in writing of the outcome of the complaint.

8. The Buyer is not entitled to a right arising from defective performance if the Buyer knew, before taking delivery of the item, that the item had a defect, or if the Buyer caused the defect themselves.

9. In the case of a justified complaint, the Buyer has the right to reimbursement of reasonably incurred costs arising in connection with making the complaint. The Buyer may exercise this right with the Seller within one month of the expiry of the warranty period.

10. The choice of method of handling the complaint lies with the Buyer.

11. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection.

§ 8 Delivery of Correspondence

1. The contracting parties may deliver all written correspondence to each other by electronic mail.

2. The Buyer shall deliver correspondence to the Seller at the email address stated in these terms and conditions. The Seller shall deliver correspondence to the Buyer at the email address stated in their customer account or in the order.

§ 9 Out-of-Court Dispute Resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Company ID (IČ): 000 20 869, website: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from the purchase contract.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz, is the contact point under 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 ODR).

3. The Seller is authorised to sell goods on the basis of a trade licence. Within its defined scope, the Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection.

§ 10 Final Provisions

1. All arrangements between the Seller and the Buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This does not affect the rights of the consumer arising from generally binding legal regulations.

2. The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of § 1826(1)(e) of the Civil Code.

3. All rights to the Seller's website, in particular copyright to the content, including the page layout, photographs, videos, graphics, trademarks, logo 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 Seller's consent.

4. The Seller is not liable for errors arising as a result of interference by third parties in the online shop or as a result of its use contrary to its purpose. When using the online shop, the Buyer must not employ procedures that could have a negative effect on its operation, and must not carry out any activity that could allow the Buyer or third parties to unlawfully interfere with or unlawfully use the software or other components forming the online shop, or to use the online shop or any part thereof or the software in a manner contrary to its purpose or intended use.

5. The Buyer hereby assumes the risk of a change of circumstances within the meaning of § 1765(2) of the Civil Code.

6. The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.

7. The Seller may change or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the period of effectiveness of the previous wording of the terms and conditions.

8. A sample withdrawal form is attached to the terms and conditions as an annex.

These terms and conditions take effect on 09.05.2022.

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