Terms and Conditions

Terms and Conditions of VENTO Development s.r.o. for the sale of dietary supplements under the trade name IONTMAX:

1. Introductory provisions

1.1. These terms and conditions (hereinafter referred to as the “terms”) govern the relationship between VENTO Development s.r.o., with its registered office at Lipenská 1165/49, 779 00 Olomouc-Hodolany, ID: 04889436, registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, Insert 82780/KSOS (hereinafter referred to as the “seller”) and a natural person or legal entity (hereinafter referred to as the “buyer”) who orders and purchases products under the brand IONTMAX (hereinafter referred to as the “goods”) through the online store operated by the seller at the address www.iontmax.com (hereinafter referred to as the “online store”).

1.2. By confirming the order, the buyer declares that they have read and agree to these terms.

1.3. These terms are valid and effective as of the date of their publication on the seller’s website.

2. User account

2.1. The buyer who registers on the website gains access to their user interface, from where they can order goods (hereinafter referred to as the “user account”). If the web interface of the store allows it, the buyer can order goods even without registration directly from the web interface.

2.2. The buyer is obliged to provide all information accurately and truthfully during registration on the website and when ordering goods. If any information in the user account changes, the buyer is obliged to update it. The seller considers the data provided by the buyer in the user account and when ordering goods to be correct.

2.3. The buyer has access to the user account using a username and password. They are required to keep confidential the information necessary to log into their user account.

2.4. The buyer is not authorized to allow third parties to use their user account.

2.5. The seller reserves the right to cancel the user account, especially if the buyer does not use their account for more than 5 years or breaches their obligations under the purchase agreement and terms and conditions.

2.6. The buyer is informed that the user account may not always be available, especially due to necessary maintenance of the seller’s hardware and software or third parties.

3. Conclusion of purchase agreement

3.1. Information about the goods displayed on the web interface of the store is for informational purposes only. The seller is not obliged to conclude a purchase agreement based on this information. The provisions of § 1732 para. 2 of the Civil Code do not apply to this situation.

3.2. The web interface of the store contains information about the goods, including prices and costs of return if it is not possible by regular mail. Prices are stated including value-added tax and all related fees. Prices of goods are valid for the period they are displayed in the web interface of the store. However, the seller may individually negotiate conditions for concluding a purchase agreement.

3.3. The web interface of the store provides information on the costs of packaging and delivery of goods within the EU and EFTA.

3.4. The buyer fills out the order form in the web interface of the store, which contains information about the ordered goods, method of payment and delivery, and delivery costs.

3.5. Before submitting the order, the buyer has the opportunity to check and modify the information in the order. The buyer submits the order by clicking the “PLACE ORDER” button. The seller confirms the acceptance of the order by electronic mail to the address provided by the buyer.

3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller may request further confirmation of the order from the buyer, for example, in writing or by telephone.

3.7. The contractual relationship between the seller and the buyer arises from the acceptance of the order, which the seller accepts and confirms by electronic mail to the buyer’s address.

3.8. The purchase agreement concluded through the iontmax.com online store is considered a contract and purchase concluded in the Czech Republic.

4. Price of goods and payment terms

4.1. The buyer can pay the price of the goods and the costs associated with the delivery of the goods under the purchase agreement by the following methods:

– by bank transfer to the seller’s account no. 103277790 / 2250, held at Banka CREDITAS (hereinafter referred to as the “seller’s account”);
– via the STRIPE payment system.

4.2. The buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount together with the purchase price. Unless expressly stated otherwise, the costs associated with the delivery of the goods are included in the purchase price.

4.3. The seller does not require any deposit or similar payment from the buyer. However, this does not exclude the provisions of Article 4.6 of the terms regarding the buyer’s obligation to pay the purchase price of the goods in advance.

4.4. In the case of non-cash payment by transfer, the

buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the respective amount is credited to the seller’s account.

4.5. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to require payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119 para. 1 of the Civil Code do not apply.

4.6. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

5. Withdrawal from the contract

5.1. The buyer acknowledges that, pursuant to § 1837 of the Civil Code, it is not possible to withdraw from the contract for the delivery of goods that have been adapted to the buyer’s wishes, from the contract for the delivery of perishable goods and goods that have been irretrievably mixed with other goods after delivery, from the contract for the delivery of goods in sealed packaging that the consumer has removed from the packaging and for hygienic reasons it is not possible to return.

5.2. If this is not a case referred to in Article 5.1 or another case where it is not possible to withdraw from the contract, the buyer has the right to withdraw from the contract in accordance with § 1829 para. 1 of the Civil Code within fourteen (14) days from receipt of the goods, and in the case of contracts for the delivery of several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract must be sent to the seller within the period specified in the preceding sentence. To withdraw from the contract, the buyer can use the withdrawal form provided by the seller, which is an annex to these terms and conditions. Withdrawal from the contract can be sent by the buyer to the address of the seller’s office or to the seller’s email address info@iontmax.com.

5.3. If the buyer withdraws from the contract, they bear the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail.

5.4. In the event of withdrawal from the contract under Article 5.2 of the terms, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the contract by the buyer in the same way as the seller received it from the buyer. The seller is also entitled to return the performance provided by the buyer upon returning the goods by the buyer or in another way, if the buyer agrees and if it does not result in additional costs for the buyer. If the buyer withdraws from the contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.

5.5. The seller is entitled to unilaterally set off the claim for damages caused to the goods against the buyer’s claim for a refund of the purchase price.

5.6. Until the buyer takes over the goods, the seller is entitled to withdraw from the contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay by bank transfer to the account designated by the buyer.

5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition subsequent that if the buyer withdraws from the purchase contract, the gift contract for such gift loses its effectiveness and the buyer is obliged to return the provided gift together with the goods to the seller.

6. Transport and delivery of goods

6.1. In the event that the method of transport 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 transport.

6.2. If the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with another method of delivery.

6.4. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier without undue delay. In the event of a breach of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.

6.5. Other rights and obligations of the parties in the transport of goods may be governed by special delivery terms of the seller, if issued by the seller.

7. Rights from defective performance

7.1. The rights and obligations of the parties regarding the 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).

7.2. The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer takes over the goods:

– the goods have the properties agreed by the parties and, in the absence of an agreement, have the properties described by the seller or the manufacturer, or which the buyer expected with regard to the nature of the goods and based on advertising carried out by them;
– the goods are suitable for the purpose stated by the seller for their use or for which goods of this kind are usually used;
– the goods correspond to the quality or design of the agreed 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.

7.3. The buyer acknowledges that, due to the fact that the goods are of a perishable nature, the seller does not provide a guarantee for the properties of the goods.

7.4. The provisions of Article 7.2 of the terms do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their common use, to used goods due to a defect corresponding to the extent of use or wear and tear that the goods had when taken over by the buyer, or if it follows from the nature of the goods.

7.5. If a defect occurs within six (6) months of receipt of the goods by the buyer, the goods are considered defective upon receipt.

7.6. The buyer exercises the rights from defective performance with the seller at their registered office or place of business. The moment of exercising the right is considered to be the moment when the seller receives the claimed goods from the buyer.

7.7. Other rights and obligations of the parties related to the seller’s liability for defects may be governed by the seller’s complaint procedure.

8. Other rights and obligations of the contracting parties

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. The buyer acknowledges that the software and other components that make up the goods are protected by copyright. The buyer undertakes not to perform any conduct that could allow them or third parties unauthorized use or tampering with the software or other components of the goods.

8.3. The buyer may not use mechanisms, software, or other procedures that could negatively affect the operation of the seller’s website. The buyer may not take any action that could allow them unauthorized access to the seller’s website’s software or other components or data.

8.4. The buyer is entitled to withdraw from the contract due to a delay by the seller if the delay exceeds thirty (30) days.

8.5. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provisions of § 1826 para. 1 point. e) of the Civil Code.

8.6. Alternative dispute resolution for consumer disputes arising from the purchase contract is provided by the Czech Trade Inspection Authority. More information is available on the website of the Czech Trade Inspection Authority at www.coi.cz.

8.7. European Consumer Center Czech Republic, with its registered office at Štěpánská 15, 120 00 Prague 2, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Online Dispute Resolution for Consumer Disputes).

9. Personal data protection

9.1. Protection of the buyer’s personal data, if they are a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

9.2. The buyer agrees to the processing of their personal data: name and surname, residential address, identification number, tax identification number, email address, and telephone number (collectively referred to as “personal data”).

9.3. The Buyer agrees to the processing of personal data by the seller for the purpose of exercising the rights and obligations under the purchase contract and for the purpose of maintaining a user account. Unless the buyer chooses otherwise, they also agree to the processing of personal data by the seller for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would, in itself, make it impossible to conclude a purchase contract.

9.4. The buyer acknowledges that they are obliged to state their personal data (when registering, in their user account, when ordering from the web interface of the store) correctly and truthfully and that they are obliged to inform the seller without undue delay about the change in their personal data.

9.5. The Seller may authorize a third party as a processor to process the Buyer’s personal data. Except for persons transporting the goods, the Buyer’s personal data will not be passed on to any third party by the Seller without the Buyer’s prior consent.

9.6. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.

9.7. The Buyer confirms that the provided personal data is accurate and that they have been informed that this is a voluntary provision of personal data.

9.8. In the event that the Buyer believes that the Seller or the processor (Article 9.5) is processing their personal data that is contrary to the protection of private and personal life of the Buyer or contrary to law, especially if personal data are inaccurate with regard to the purpose of their processing, the Buyer may:

– ask the seller or processor for an explanation,
– require the seller or processor to remedy the situation. In particular, it may be blocking, correcting, supplementing, or liquidating personal data. If the buyer’s request under the preceding sentence is found justified, the seller or processor shall immediately remedy the defective condition. If the seller or processor does not comply with the buyer’s request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the buyer’s right to contact the Office for Personal Data Protection directly with their complaint.

9.9. If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to request a reasonable payment for providing the information according to the previous sentence, not exceeding the costs necessary to provide the information.

10. Delivery

10.1. In the event that the buyer withdraws from the purchase contract and the seller has already received funds from the buyer, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the contract by the buyer, in the same way as the seller received it from the buyer. The seller is also entitled to return the performance provided by the buyer upon returning the goods by the buyer or in another way, if the buyer agrees and if it does not result in additional costs for the buyer.

10.2. If the buyer chooses a method of transport other than the cheapest method of transport offered by the seller in accordance with Article 6.1 of the terms, the seller is not obliged to reimburse the buyer for the additional costs of the method of transport exceeding the costs of the cheapest method of transport.

10.3. If the seller is obliged to return the funds to the buyer in accordance with the terms and conditions, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.

11. Final Provisions

11.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

11.2. If any provision of the terms and conditions is invalid or ineffective, or if it becomes invalid or ineffective, a provision whose meaning is as close as possible to the invalid provision applies instead. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and amendments to the purchase contract or terms and conditions require a written form.

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

11.4. Contact details of the seller: delivery address, email address info@iontmax.com, telephone +420-604-824-965.

These terms and conditions are valid and effective from April 4, 2024.

In Olomouc on April 4, 2024