Terms and Conditions
These terms and conditions apply to purchases in the online shop www.ristre.com. The company RISTRE Inc declares that the products are intended for consumption by healthy individuals. The products are not intended for diagnostic or therapeutic purposes. Consumption in case of ill health and other health restrictions, during pregnancy, lactation and in children under 3 years of age is conditioned by consultation with a physician or other health care professional. When consuming these products, it is necessary to follow a recommended and adequate daily water intake. The conditions further define and specify the rights and obligations of the Seller, which is the company RISTRE Inc, with its registered office at Hládkov 920/12, 169 00 Prague 6 Střešovice, Czech Republic, IČ: 08884447, entered in the Commercial Register at the Municipal Court in Prague, Section C, insert 326986 and the Buyer, corresponding with a Customer (Consumer, Entrepreneur). All contractual relations are concluded in accordance with the legal system of the Czech Republic. Legal relations between the Seller and the Buyer (Consumer) not expressly regulated by these terms and conditions are governed by the relevant provisions of Act no. No. 89/2012 Coll., (Civil Code), Act. No. 634/1992 Coll. on consumer protection as well as related legislation.
If the contracting party is an Entrepreneur, Legal relations are governed by business regulation in the Civil Code (No. 89/2012 Coll.).
DEFINITIONS
The Seller is the company RISTRE Inc., with its registered office at Hládkov 920/12, 169 00 Prague 6 Střešovice, Czech Republic, IČ: 08884447, registered in the Commercial Register at the Municipal Court in Prague, Section C, insert 326986.
The customer is the Buyer (Customer), namely the Consumer or the Entrepreneur. Who is the Consumer and the Entrepreneur is defined by the law.
COMMUNICATION BEFORE CONCLUDING THE CONTRACT
The Seller states that:
- the costs for distance communication do not differ from the basic rate (in the case of internet and telephone connection as per the conditions of the Customer's operator); The Seller does not charge any additional fees, this does not apply in regards of necessary transport contracted as part of this agreement,
- requests payment of the full purchase price before acceptance of the order by the Customer,
- in the event of concluding a contract, the subject of which will be repeated purchase, the Customer is entitled to terminate this contract at any time with immediate effect,
- the prices of goods and services are listed on the website operated by the Seller, including VAT. The cost of delivery of goods varies according to the chosen method and transport provider. The listed prices do not include any customs clearance costs and customs duties (in the case of orders outside the EU), or any costs related to payment for the goods (for example, additional costs when paying by postal order, etc.),
- As per the conditions stipulated by law, the Consumer has the right to withdraw from the contract within 14 days, in case of questions, comments or complaints, the Customer may contact the e-mail address podpora@ristre.com or the phone number +420 703 331 663 during the office as stated on the Seller's website. Possibly. you can lodge a complaint with the supervisory or state supervisor.
PURCHASE CONTRACT
The proposal for concluding the purchase contract is the placement of the offered goods by the Seller on the website. The purchase contract is created by sending the order of goods by the Customer and the acceptance of the order by the Seller. The Seller shall immediately confirm this acceptance by a response e-mail to the e-mail address entered by the Customer. The Seller is not responsible for any errors in the data transmission.
The resulting contract (including the agreed price) can be changed or cancelled only by agreement of both parties or on legal grounds or for reasons stated in these conditions.
By sending the order, the customer confirms that he has read these terms and conditions, the principles of personal data protection plicy and that he agrees with them. The Customer is sufficiently informed of these terms and conditions and the principles of personal data protection before the actual execution of the order and has the opportunity to become acquainted with them.
The seller reserves the right to cancel the order or part thereof or the concluded purchase contract in the following cases: the goods are no longer produced or manufactured or the price of the supplied goods has changed significantly or the purchase contract was concluded for an unusual amount of goods (unusually high or low price) as a result of misuse of e-shop software bugs. In the event that the Customer has already paid part or all of the purchase price, this amount will be refunded back to his account or to the specified address, and the purchase contract will not be concluded, meaning that the concluded purchase contract will be terminated.
Gifts that are provided completely free of charge cannot be subject to any rights of the Consumer.
Delivery of the subject of purchase
By the purchase contract, the Seller commits to hand over the goods to the Customer that is the subject of the purchase and to allow him to acquire ownership of it, and the Customer undertakes to take over the goods and pay the purchase price to the Seller prior to the hand over.
The Seller reserves the ownership right to the goods, the customer becomes the owner only after full payment of the purchase price is made.
The Seller shall fulfil the obligation to hand over the goods to the Customer if he is allowed to fulfil the contract fully with timely notice.
If the Seller is to ship the purchased goods, it will hand over the goods to the Customer (Entrepreneur) by first passing it over to the transport carrier enabling the Customer to exercise the rights from the transport of the contract against the carrier. If the Customer is a Consumer, this provision applies in case he himself selected the transport carrier without being offered the option to him by the Seller. Otherwise, the goods are considered handed over to the Customer when the carrier passes it over to him.
The Seller shall hand over the goods of purchase to the Customer in the agreed quantity, quality and design. If the quality and design are not agreed, the Seller shall fulfil the conditions suitable for the purpose based on the contract in the quality and design; otherwise used for the same purpose.
Unless it is agreed how the goods are to be packed, the Seller shall pack the goods according to the standards; if they are not, then the packaging is done in the manner necessary for the preservation and protection of the goods. In the same way, the Seller will ensure this standard for the transportation of the goods.
Obligations of the Customer related to the acceptance of goods
If the Customer experiences a delay with taking over the goods or paying the purchase price, the Seller shall keep the goods from the customer, if it can be stored further, in a manner appropriate to the circumstances.
If the Customer has taken over the goods with the intention to reject them, he shall keep it in a manner appropriate to the circumstances.
Any delay in taking over the goods gives the other party the right to sell the goods in a suitable manner after prior notice has been given to the account of the delayer, after giving them a reasonable period to take over the goods. This also applies if the party is late in paying for the goods, which is conditional for the fulfilment of the contract and hand over of the goods.
PAYMENT AND DELIVERY CONDITIONS
Payment can be made in the following ways:
cashless bank transfer to the Seller's account,
cashless payment card,
in cash by deposit at the bank counter in favour of the Seller's account,
by postal order in favour of the Seller's account,
cash on delivery,
other methods enabling non-cash payments such as ApplePay, GoPay, GooglePay, etc., as the Seller will gradually introduce them as payment alternatives.
The specific method of payment is stated on the Seller's website for a specific order of goods and can be changed by the Seller at any time. The range of payment options may be listed differently for Customers accessing the website from different countries.
Additional costs related to payment are paid by the Customer. In the case of payment by cashless bank transfer and postal order, the Customer is obliged to use the order number as the variable payment symbol for identification. Without the variable symbol, the payment cannot be assigned to the relevant order, which may be the reason for more time-consuming order processing. In this case, the seller reserves up to 7 working days to trace the payment.
The transport of goods is provided exclusively by the courier company. The Seller is entitled to use another method of transport if he finds it appropriate. In the event of a change in the mode of transport based on the Customer's request, the Customer bears the risk and costs associated with the change of transport.
If it is necessary to deliver the goods repeatedly to the Customer due to restrictions and choices they have made, the delivery costs are charged to the Customer.
The Customer's obligation is to check the condition, completeness of the order and packaging of the goods when taking over them. In the event of their damage, damage to the packaging, incompleteness or suspicion of ill or unsafe handling of the goods, the Customer has the right not to accept the goods and report this in the presence of the carrier in the transport documents – via Damage Record (or similar). This will greatly simplify and speed up the settlement of the complaint procedure.
QUALITY GUARANTEE, TRANSFER OF RISK OF DAMAGE AND RIGHTS FROM DEFECTIVE PERFORMANCE
A good is defective if it does not have the agreed properties.
The customer will inspect the goods as soon as possible after the risk of damage to the goods has appeared and will be convinced of its properties and quantity.
The risk of damage passes to the Customer by taking over the goods. It has the same consequence if the Customer does not take over the item, even though the Seller has allowed him to handle it.
Defective performance rights
The customer is entitled to exercise the right from a defect that occurs in consumer goods (not food!!!) within twenty-four months of receipt. If the period for which the item can be used is indicated on the item sold, on its packaging, in the instructions attached to the item or in an advertisement in accordance with other legal regulations, the provisions on the quality guarantee shall apply. This provision does not apply in the following cases:
in the case of an item sold at a lower price for a defect for which a lower price was agreed,
wear and tear caused by its normal use,
in the case of a used item, for a defect corresponding to the degree of use or wear and tear that the item had when taken over by the Customer, or
if it follows from the nature of the matter.
The right of defective performance does not belong to the Customer, if the Customer knew before taking over the goods that there is a defect, or if the Customer himself caused the defect.
If the defective performance is a material breach of contract, the Customer has the right to eliminate the defect by receiving a new item without a defect or by receiving the missing item, otherwise he has the right to:
rectify the defect by repairing the item, or
at a reasonable discount from the purchase price, or
withdraw from the contract.
The Customer shall inform the Seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The Customer cannot change the choice made regarding the defect without the consent of the Seller; this does not apply if the Customer has requested the repair of a defect which proves to be irreparable. If the Seller does not eliminate the defects within a reasonable period of time or if it notifies the Customer that it will not eliminate the defects, the Customer may request a reasonable discount from the purchase price instead of eliminating the defect, or may withdraw from the contract.
The customer cannot withdraw from the contract or demand delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply,
if the condition has changed as a result of an inspection in order to detect a defect in the item,
if the Customer used the item before the discovery of the defect,
if the Customer has not caused the impossibility of returning the item in the unaltered state by act or omission, or
if the Customer sold the item before the discovery of the defect, if he consumed it, or if he changed the item in normal use; if this has happened only in part, the Customer will return to the Seller what he can still return, and will give the Seller compensation up to the amount in which he benefited from the use of the item.
If the Customer does not report the defect in time, he loses the right to withdraw from the contract.
If the Customer did not report the defect without undue delay after he was able to detect it with timely inspection and sufficient care, the court will not grant him the right to defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the Customer could find it with sufficient care, but no later than two years after delivery of the item, except for food items.
Quality guarantee
As a guarantee of quality, the Seller undertakes that the item will be suitable for use for the usual purpose for a certain period of time or that it will retain its usual properties. The indication of the warranty period or the shelf life of the item on the packaging also has these effects. A guarantee can also be provided for an individual part of the item.
OUT OF COURT SETTLEMENT OF DISPUTES
Relationships and any disputes that may arise on the basis of the contract will be resolved exclusively in accordance with the legal system of the Czech Republic and will be resolved by the competent courts of the Czech Republic.
Any disputes between RISTRE Inc. and the Customer can also be resolved out of court. In such a case, the Customer - Consumer may contact an out-of-court dispute resolution entity, such as the Czech Trade Inspection Authority.
Before proceeding with an out-of-court settlement of the dispute, the Seller recommends that the Customer first contact the Seller in order to resolve the situation. This can be done either by e-mail at podpora@ristre.com or by phone at +420 703 331 663.
PROCEDURE FOR COMPLAINTS OF GOODS
Complaints must be reported as soon as possible either in writing to the Seller's address (RISTRE s.r.o., Hládkov 920/12, 169 00 Prague 6 Střešovice), by phone at +420 703 331 663, or by e-mail to podpora@ristre.com with a statement regarding what the complaint is about. Products covered by the right to file a complaint must be handed over for assessment as soon as the defect is discovered.
The complaint procedure is as follows:
After making a complaint, the product will be picked up by the Seller's courier and delivered to the Seller's address. The costs are paid by the Seller.
The shipment must be complete, including all documentation and in the condition in which it was taken over by the Consumer upon delivery, or with the marked place of defect. The goods must be accompanied by all the documents and papers that the original shipment contained.
Immediately after receiving the claimed goods, the seller will confirm this fact by email or phone. Upon review, defective or damaged goods will be replaced, or the purchase price will be refunded. Shipping of new goods takes place under the same conditions as in the case of a standard order.
The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days of receiving the claimed item. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Consumer agree on a longer period. The expiration of this period in vain is considered a material breach of contract.
The seller does not accept liability for damage resulting from the operation of the products, functional properties and damage from improper use of the products, as well as damage caused by external events and improper handling. Defects of this origin are not covered by the warranty provided.
The period for settling complaints is suspended if the Seller has not received all the documents necessary for settling the complaint (parts of goods, other documents, etc.). The deadline is suspended from this date until the delivery of the requested documents by the Consumer is completed.
THE CONSUMER'S RIGHT TO WITHDRAW FROM THE CONTRACT
Terms such as Seller, Consumer and others are based on the definition of terms stated in the general terms and conditions.
If the purchase contract is concluded by means of distance communication (via online shop), the Consumer has the right to withdraw from the contract within 14 days of receipt of the goods without giving a reason (if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods). Withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence.
By violating the standard packaging, the Consumer's right to withdraw from the contract expires, because in accordance with food legislation, the manufacturer cannot guarantee the health and safety of the goods in a damaged packaging, because in accordance with EU Regulation 1169/2011, chap. III, Articles 6-8, further chap. IV, Articles 9-14, the damaged packaging does not meet the requirements for labelling and packaging of food.
In accordance with § 1833 of the Civil Code, the Consumer is liable to the Seller for the reduction of the value of returned goods, which arose as a result of handling these goods differently than necessary to handle them with regard to their nature and properties.
In the event that the Consumer wishes to withdraw from the contract within 14 days in accordance with the previous paragraph, he shall contact the Seller with a notice of withdrawal from the contract. The Consumer can send the Withdrawal form from the purchase contract by post to the address of the Seller (RISTRE s.r.o., Hládkov 920/12, 169 00 Prague 6 Střešovice) or send it in an e-mail attachment to podpora@ristre.com.
However, this provision of the law cannot be understood as a possibility of free lending of goods. In the case of exercising the right to withdraw from the contract within 14 days of taking over the performance, the consumer must, on the basis of § 1831 paragraph 1 of the Civil Code to issue without undue delay everything obtained on the basis of the purchase contract, within 14 days from the date of withdrawal from the contract. The costs of returning the goods to the Seller shall be borne in accordance with § 1820 paragraph 1 letter g) Consumer.
When exercising the right to withdraw from the purchase contract, the consumer has the right to a refund of freight costs associated with sending the goods by the Seller to his address within 14 days, in the cheapest offered variant of transport. In accordance with § 1832 par. 1 of the Civil Code, the Seller shall return to the Consumer without undue delay, no later than fourteen days after withdrawal from the contract, in the same way all funds, including delivery costs in the cheapest mode of transport, which he received from him under the contract. In accordance with § 1832 par. 4 of the Civil Code, the Seller is not obliged to return the received funds to the Consumer before the Consumer hands over the goods or proves that he has sent the goods to the Seller.
In addition, the Seller may offset its actual costs incurred in returning the goods against the purchase price to be refunded to the Consumer.
The right to withdraw from the contract in accordance with the provisions of Section 1837 of the Civil Code, the Consumer does not have, in the case of these contracts:
on the provision of services, if they were fulfilled with his prior expressed consent before the expiry of the period for withdrawal from the contract and the Seller informed the Consumer before concluding the contract that in such a case he has no right to withdraw from the contract,
on the supply of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the Seller and which may occur during the period for withdrawal from the contract,
on the supply of alcoholic beverages, which may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the Seller,
on the delivery of goods that have been adjusted according to the wishes of the Consumer or for his person,
on the supply of perishable goods as well as 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; however, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
on the delivery of goods in a closed package, which the Consumer has removed from the original packaging and for hygienic reasons it is not possible to return,
on the delivery of an audio or video recording or a computer program, if it has broken their original packaging,
on the supply of newspapers, periodicals or magazines,
on accommodation, transport, meals or the use of free time activities, if the Seller provides these services within the specified period,
concluded on the basis of a public auction in accordance with the legal system governing public auctions, or
on the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior expressed consent of the Consumer before the expiry of the withdrawal period and the Seller informed the Consumer before concluding the contract that in such a case he has no right to withdraw from the contract.
COMPETITIONS
The Seller may announce or organize various competitions intended for Consumers, or for all Customers, or for another unspecified group of people, which will be specified in more detail in the rules of the given announced competition (e.g. users of various social networks, etc.).
Regardless of the rules of a specific competition, the Seller always reserves the right to:
change the rules or conditions of the competition at any time, including changing its duration
terminate the competition at any time without giving a reason and without compensation with the effect of publishing such a notice on the given social network or on the website www.ristre.com.
No competitor has a legal right to win the competition, it is not possible to demand payment or handing over the prize in court, the announcement of the competition is not a public promise or a public offer.
Winning in the competition cannot be exchanged for any other fulfilment, it cannot be counted, it cannot be exchanged for cash or any other value, discount, etc.
Competition entries will be assessed by the Seller's internal commission according to the criteria of individual competitions. The Seller is not obliged to publish the results of the decision-making of this commission or the method of its decision-making.
If the Seller has a reasonable suspicion of fraudulent, dishonest or unfair conduct of a participant in the competition or another person who helped or could help the participants in the competition or if such conduct occurs, the participant will be excluded from the competition; this also applies in the case of other actions of the contestant or another person who assisted or could have assisted the contestant to win, which is otherwise in conflict with the competition rules or conditions. Participation in the competition cannot be enforced in court.
By registering in the competition, i.e. by actively participating in and fulfilling the conditions of the competition, the competitor agrees with the rules and conditions of the competition in full.
Winnings will be sent by the Seller only within the territory of the Czech Republic, i.e. the Seller is not obliged to deliver any winnings to an address other than an address in the Czech Republic. Upon agreement with the competitor, the Seller may, at the competitor's expense, send the prize to an address outside the territory of the Czech Republic.
The prize of the participant in the competition, which for reasons based not on the Seller’s part cannot be delivered, is forfeited in favour of the Seller. The Seller is not liable for the loss, damage, destruction or non-delivery of the prize notice or for the loss, damage, destruction or non-delivery of the prize itself for reasons attributable to the entrant or electronic communications service provider, postal service provider or other deliverer.
Competitions on social networks
The competitions are organized by RISTRE Inc on its own initiative and independently of individual operators of specific social networks.
Regardless of the specific rules of the competition on the social network, the Seller, in addition to the above, reserves these rights.
Competitions always last for a limited time specified in the article published on the social network by which the specific competition is announced. The prize in the given competition will always and only be stated in the contribution by which the competition is announced on the given social network. Unless otherwise specified by the Seller, the winner will be published on the given social network after the end of the competition, on the dates determined by the Seller himself.
The person interested in participating in the competition must usually be an active user on the given social network and must have his / her profile on the given social network.
Competitions may be based on the sharing of photographs, opinions, audio-visual works and other contributions from competitors.
The winner of the competitions will be evaluated by the organizer's internal commission on the basis of originality, imaginativeness, wit or fulfilment of all conditions of the competitions.
The winner must meet all the criteria listed in the individual contributions on social networks, which will announce the competition.
The winner will be notified of the prize in a private message on the given social network, or publicly by sharing the name or nickname of the winner on the given social network. Winners must always send the Seller the exact address and name upon their request to send any winnings. The Seller is not responsible for any delay in the delivery of information by the winners. Unless the Seller determines otherwise, if the winner does not respond to the Seller's invitation to send the name and address of the competitor within 14 days of its sending, the prize will be forfeited and the Seller will not send the prize to the competitor, unless the Seller decides otherwise.
By participating in the competition, the participant agrees and gives consent to the Seller, i.e. the company RISTRE Inc to the processing of his personal data, for the purposes of organizing the competition and to the extent necessary for this purpose, including consent to their publication on the website www.ristre.com or on the social networks of the Seller, in accordance with Act no. 110/2019 Coll., On the processing of personal data and Act no. 127/2005 Coll., On electronic communications, as amended. At the same time, the participant in the competition grants the Seller consent to send information about events and other activities, as well as business communications to the provided e-mail address, in accordance with Act No. 480/2004 Coll., On certain information society services, until further notice consent for a period of three years, unless previously revoked. The Seller of the competition is entitled to process personal data provided by the participants of the competition for the duration of the competition and for a reasonable period after its end, but no later than the end of the third month after the end of the competition. The participant of the competition has the right to access them, is entitled to request in writing information on personal data processed about them, and in case of violation of their rights, may ask the Seller for an explanation or request the Seller to remove the defective condition or has the right to contact the Office for Personal Data Protection. The participant of the competition acknowledges that the provision of personal data is voluntary, that they can withdraw their consent at any time free of charge, that they have the right to correct data, block and destroy it. The participant in the competition may revoke their above-mentioned consents at any time by a written request sent to the above-mentioned address of the Seller.
FINAL PROVISIONS
These terms and conditions are valid as stated on the Seller's website as of the date of conclusion of the purchase contract.
By concluding the purchase contract, the Customer accepts all provisions of the business conditions as valid on the day of concluding the purchase contract, unless it is demonstrably agreed otherwise in a specific case.
In the case of foreign orders, the purchase relationship is governed by Czech legal system.
The company RISTRE Inc. is not responsible for the consequences of the submission of the Seller's products by third parties / third parties.
These conditions shall take effect from 14 September 2020.