Terms of Trade

Operator of the online shop nordic-nutrients.com

Brainfood s.r.o.,
Za vodárnou 1628/11, 182 00, Prague 8,
ID: 11857927, VAT: CZ11857927.
Registered in the Commercial Register, maintained by the Municipal Court in Prague, Section C, Insert 355274

Bank account CZK/EUR 5893941002/5500
IBAN: CZ2655000000005893941002
SWIFT/BIC: RZBCCZPP
Raiffeisenbank a.s.

Payment gateway providers:
We are using Shopify eshop platform where is Stripe payment gateway integrated.

The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these Terms and Conditions (hereinafter referred to as "Terms and Conditions").

The use of this website is subject to the terms and conditions set out below. This means that when you visit or shop on Brainfood.com, you agree to these terms and conditions. Therefore, please make sure that you read them carefully.

Content:

Terms and Conditions
Definition
Information for Consumers before entering into a contract
Process for entering into the Contract
Purchase Contract
User Account
Complaints Procedure
Personal data
Cookies
Use of the E-shop
Statement of the Operator
Applicable law
Out-of-court dispute resolution
Effectiveness

Terms and Conditions

1 Definitions

1.1 In these Terms and Conditions.

1.1.1 "E-shop" means - an online web application available on the Internet via the Internet address www.nordic-nutrients.com , the main functionality of which is the display, selection and ordering of goods by the User;

"Purchase Contract" means a purchase contract within the meaning of Section 2079 et seq. of the Civil Code concluded between the Operator, as the Seller, and the User, as the Buyer, via the E-shop;

1.1.2 "Shopping Cart" means the part of the E-shop that is automatically generated by the User's activation of the relevant functions within the User's actions in the user environment of the E-shop, in particular by adding or removing Goods and/or changing the quantity of the selected Goods;

1.1.3 "Civil Code" means Act No. 89/2012 Coll., Civil Code, as amended;
"Operator" means Brainfood s.r.o. , company ID: 11857927 , with its place of business at Za vodárnou 1628/11, 182 00 Prague 8 ;

1.1.4 "Access Data" means the unique login name and associated password entered by the User into the E-shop database during Registration;

1.1.5 "Registration" means the electronic registration of the User to the E-shop database by filling in at least the mandatory registration data in the E-shop user interface and the Access Data and their subsequent storage in the E-shop database;

1.1.6 "Consumer" means a User - a person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, enters into a Contract with the Operator or otherwise deals with the Operator;

1.1.7 "User" means any legal or natural person who uses the E-shop;

1.1.8 "User Account" means the part of the E-shop that is set up for each individual User by Registration (i.e. is unique for each User) and made available after entering the Access Data;

1.1.9 "Goods" means the item offered by the Operator for sale to the User via the E-Shop and, if offered with the Goods, the licence to use that item.

2 Information for the Consumer before concluding the contract

2.1 With respect to the price of the Goods and the cost of shipping and other charges, the following shall apply:
The prices of the Goods provided on the Website are inclusive of VAT, including any charges provided for by law, however, the cost of delivery of the Goods or services will vary according to the method and provider of transport chosen and the method of payment. The agreed price does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the agreed price; such costs shall be borne solely by the User.
In the event of withdrawal from the contract, the Consumer shall bear the costs of returning the Goods and, in the case of a contract concluded by means of distance communication, the costs of returning the Goods if they cannot be returned by normal postal means due to their nature.

2.3 Withdrawal from the contract is subject to:
2.3.1 The Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods, in accordance with the provisions of Section 1829(1) of the Civil Code. In the event that the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Contract must be sent to the Operator (as the Seller) within the period specified in this paragraph.

2.3.2 You shall send the withdrawal from the Contract digitally signed to the Operator at email: shop@brainfood.cz

2.3.3 The Consumer is obliged to send the withdrawal from the given Purchase Contract back to the Operator without undue delay, no later than within 14 days from the date on which the withdrawal was made, or to hand it over to the Operator at the address of the Operator's premises or registered office. The time limit shall be deemed to have been observed even if the Goods are sent to the Operator no later than the last day of the aforementioned period.

2.3.4 The Consumer cannot withdraw from the contract:
on the provision of services which the Operator has performed with the Consumer's prior express consent before the expiry of the withdrawal period;
the delivery of a product which has been rendered unusable by the opening of the packaging;

2.3.5 The Consumer is obliged to pay a pro rata part of the price in the event of withdrawal from a contract whose subject matter is the provision of services and whose performance has already begun.

2.3.6 If the Consumer withdraws from the Purchase Contract, he/she is obliged to provide in writing the number of his/her bank account for the refund of the purchase price for the Goods, which may be reduced if there are legal reasons for this.

2.3.7 If the Consumer withdraws from the Purchase Contract in respect of Goods which are returned to the Operator damaged and/or worn out, in particular if the original markings of the Goods (i.e. tags, stickers, etc.) are removed, the Consumer shall reimburse the Operator for the cost of restoring the Goods to their original condition. Food supplements may only be returned to the Operator in their undamaged and unbroken original packaging.

2.3.8 To withdraw from the contract, the Consumer shall use the email shop@brainfood.cz

2.4 The Consumer shall be liable to the Operator for any diminution in the value of the Goods as a result of handling the Goods in a manner other than that necessary to familiarise the Consumer with the nature and characteristics of the Goods, including their functionality.

2.5 The Operator does not use the possibility of out-of-court settlement of consumer complaints. It is possible to address a complaint to a supervisory or state supervisory authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions set out in the relevant legislation.

3 Process of concluding the Contract

3.1 The Operator offers Users to conclude a Purchase Contract through the E-shop. The Operator's offer to conclude the Purchase Contract is the display of a button marked "Submit Order" in the user interface of the E-shop.

3.2 The User's unconditional acceptance of the Operator's offer to conclude a Purchase Contract pursuant to paragraph 3.1 of these Terms and Conditions shall be deemed to be the User's clicking on the button marked "Submit Order".

3.3 The unconditional acceptance of the offer pursuant to paragraph 3.2 of these Terms and Conditions constitutes the conclusion of the Purchase Contract.

3.4 The Contract is concluded at the moment when the electronic information about the click on the button within the meaning of paragraph 3.2 by the User reaches the server where the E-shop is installed via the Internet.

3.5 The User undertakes to fill in the relevant text fields in the user interface of the E-shop with true and complete data, in particular his/her email address, identification data and, if applicable, delivery address. The User acknowledges that the Operator shall reasonably consider the data entered by him to be correct and complete and is not entitled to check the data entered.

3.6 The Operator shall send the User an e-mail message about the conclusion of the Purchase Agreement to the e-mail address entered by the User in the relevant field in the user environment of the E-shop.

4 Purchase Agreement

4.1 Upon conclusion of the Purchase Agreement, the following provisions shall come into force:

4.1.1 The User shall purchase from the Operator the Goods that the User has selected in the E-shop user environment by placing them in the Shopping Cart, in the quantity that the User has selected and/or set for the Goods in the E-shop user environment, and the User undertakes to pay the Operator the price for the Goods that is indicated in such Goods in the E-shop user environment.

4.1.2 The Operator shall have the right to withdraw from the Purchase Contract for any reason or no reason until the Goods have been dispatched to the User. The withdrawal from the Purchase Contract shall be deemed to be a legal act of the Operator consisting in notifying the User that he cannot deliver the Goods ordered by him.

4.1.3 The Operator shall be entitled to request additional order confirmation from the User at any time and shall be entitled to delay the dispatch of the Goods to the User until it has received confirmation of the order from the User.

4.1.4 The method of packaging of the Goods shall be determined solely by the Operator; the provisions of Section 2097 of the Civil Code are hereby excluded.

4.1.5 The User is obliged to pay to the Operator the costs associated with the packaging and delivery of the goods to the User in the amount specified for the order in the Portal user environment.

4.1.6 The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and, if applicable, other monetary benefits to the Operator.

4.1.7 If any of the payment methods contains information about the costs of making such payment, the User shall bear the costs of making such payment, which are indicated for the given payment in the user environment of the E-shop.

4.1.8 In case of non-cash payment by bank transfer, the User is obliged to indicate the variable symbol specified by the Operator.

4.1.9 In the case of a non-cash payment, the User's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Operator's bank account.

4.1.10 The Operator has the right to grant the User a discount on the price of the Goods. Discounts on the price of the Goods cannot be combined with each other unless expressly stated otherwise.

4.1.11 The purchase price for the Goods does not include any payments, fees or other charges that the User has to incur for services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are solely the User's costs.

4.1.12 The Operator retains title to the Goods subject to the Purchase Agreement until the User has paid the purchase price for the Goods in full.

4.1.13 The Operator undertakes to deliver the Goods to the User within a reasonable time from the conclusion of the Purchase Agreement. All delivery times for the Goods specified in the user interface of the E-shop are indicative only.

4.1.14 The Operator shall always send the User a tax document - invoice in electronic form to the User's email address entered in the User interface of the E-shop during the order.

4.1.15 The Operator shall provide the User with a warranty for the Goods, if the warranty period is specified for the Goods in the User Environment of the E-shop, for the duration of the specified warranty period, and the warranty so specified shall apply only to the Consumer.

4.1.16 The User shall be entitled to exercise the right of withdrawal and rights arising from defective performance at the Operator's correspondence address. The moment when the Operator receives the claimed Goods from the User shall be considered as the moment of claiming.

4.1.17 The risk of loss, damage and/or destruction of the Goods which are the subject of the Purchase Contract shall pass to the User who is a Consumer at the moment of receipt of the Goods by the User.

5 User account

5.1 The User has the right to create a User Account by registering.

5.2 The User is obliged to enter the Access Data before entering the User Account.

5.3 The User's Identification Data entered during Registration shall be deemed to be the data entered when the User orders each Goods, which the User shall do after logging into his User Account.

5.4 The User shall not provide third parties with the Access Data or any other access to the User Account. The User shall take all reasonable measures to keep them confidential. The User shall be fully liable for any unauthorised use of such Access Data or User Account and for any damage caused to the Operator or third parties as a result. In the event of loss, theft or other violation of the right to use these passwords, the User shall immediately notify the Operator. The Operator shall provide the User with new access data within a reasonable period of time.

5.5 In case of User's registration, the conditions of § 1752 paragraph 1 of the Civil Code are fulfilled and the Operator is entitled to unilaterally change these Terms and Conditions; it shall notify the User of the change via the E-shop and/or by email to the User's email address entered into the E-shop database. The User shall have the right to reject the changes to the Terms and Conditions within 3 days from the first login to the User's account after the notification of the change to the Terms and Conditions (if delivered via the E-shop) or from the delivery of the email message to the User's email inbox (if delivered via email) and to terminate the obligation for this reason within a notice period of 3 days , which the parties agree is sufficient to procure similar performance from another supplier.

6 Complaints Procedure

6.1 The Operator shall be liable to the Consumer that the Goods are free from defects on receipt.

6.2 If the Goods contain defects, the Consumer has the right to demand delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect relates only to a part of the Goods, the Consumer may only demand replacement of the part; if this is not possible, the Consumer has the right to withdraw from the Purchase Contract.

6.3 The Consumer is also entitled to the delivery of new Goods or the replacement of a component in the event of a removable defect, if the Goods cannot be used properly due to the recurrence of the defect after repair or due to multiple defects. In this case, the Consumer has the right to withdraw from the Purchase Contract.

6.4 If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to delivery of new Goods without defects or to replacement of parts or repair of the Goods, he/she may demand a reasonable discount. The Consumer is also entitled to a reasonable discount if the Operator cannot deliver new Goods without defects, replace a part of the Goods or repair the Goods, as well as if the Operator fails to remedy the defect within a reasonable time or if it would cause the Consumer considerable difficulties to remedy the defect.

6.5 The Consumer shall not be entitled to the right of defective performance if the Consumer knew that the Goods were defective before taking delivery of the Goods or if the Consumer caused the defect.

6.6 The Operator's liability for defects in the Goods does not apply to wear and tear of the Goods caused by their normal use, in the case of Goods sold for a lower purchase price to the defect for which the lower purchase price was agreed, in the case of used Goods to the defect corresponding to the level of use or wear and tear that the Goods had when taken over by the Consumer or if it results from the nature of the Goods.

6.7 If the Goods are guaranteed, the Consumer has the right to claim liability for defective performance within the guarantee period.

6.8 Claims for Goods, including the rectification of defects in the Goods, must be settled without undue delay, no later than 30 days from the date of the claim, unless the Operator and the Consumer agree on a longer period. After the expiry of this period, the Consumer shall have the same rights as if it were a material breach of the Contract.

6.9 The time limit for the settlement of the claim shall be suspended if the Operator has not received all the documents necessary for the settlement of the claim until the documents are delivered.

6.10 The Operator or its designee shall invite the Consumer to take delivery of the repaired Goods after the claim has been properly processed.

6.11 The right to exercise the rights arising from the defects of the Goods shall be extinguished in the event of opening the packaging of the food supplement, which is thereby spoiled, as well as in the event of unprofessional handling, i.e. in particular in the event of using the Goods in conditions that do not correspond to the parameters specified in the documentation for the Goods.

6.12 The User has the possibility to make a claim by email to the following address: shop@brainfood.cz

7 Personal data

7.1 The User hereby agrees to the collection, storage and processing of personal data provided by the User to the data controller, which is the Operator, in accordance with Section 5(2) of Act No. 101/2000 Coll., on the protection of personal data, as amended (hereinafter referred to as the "Act").

The User further consents to the processing and use of personal data:

By the Controller;
by any employee of the Controller;
by any contractual partner of the Controller;
the administrator of the IT solution ;

7.2 The Administrator is entitled to collect the following data concerning the User:
first and last name,
address (billing and delivery),
telephone number,
e-mail address,
login name and password for the user account,
the User's business transactions.

7.3 This consent of the User is granted for an indefinite period of time.

7.4 The Operator, as the controller, is the stated purpose of the processing of personal data:

Sending commercial offers to the Controller;
marketing purposes;
payment, marketing and offering other services,

7.5 The User declares that I am aware of my rights under Sections 12 and 21 of the Act and declares that all data is accurate and true and is provided voluntarily.

7.5 The user declares that I am aware of my rights according to sec. § 12 and § 21 of the Act and declares that all data is accurate and true and is provided voluntarily.

7.6 The operator declares that it will collect personal data to the extent necessary to fulfill the purpose set out above and process it only in accordance with the purpose for which it was collected.

7.7 The operator declares that it will process personal data in the following way:

by machine (automated) by means of computers and computer programs;

in writing;

7.8 This consent is a free and conscious expression of the will of the User as a data subject, the content of which is the data subject's consent to the processing of personal data.

11 Out-of-court settlement of disputes

11.1 Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

11.2 The European Consumer Center Czech Republic, with registered office Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation of the European Parliament and Council (EU) no. 524/2013 of May 21, 2013 on online consumer dispute resolution and amending Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

8 Cookies

In accordance with the provisions of § 89 par. 3 of the Act C. 127/2005 Coll., on electronic communications, as amended, the Operator hereby informs the User that it processes the User's cookie files, including permanent cookie files, and the User expresses his consent to this. Consent according to the previous paragraph is granted for a period of 12 months. The Operator processes the User's cookies to personalize content and advertisements, provide social media functions and analyze traffic. The Operator shares information about how the User uses the E-shop with its partners operating in the field of social media, advertising and analysis.

9 Using the E-shop

9.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Terms and Conditions.

9.2 The operator has the right to change the E-shop, i.e. its technical solution and/or user interface.

9.3 The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for a period of time absolutely necessary for reasons of maintenance or repair of the E-shop or for any other reason on the part of the Operator or a third party.

9.4 The user is obliged to comply with the valid and effective legal regulations of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate in full for any damages that the Operator or third parties may incur in this way.

9.5 In case of violation of these Terms and Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account.

10 Declaration of the Operator

10.1 The operator declares that data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against changes.

10.2 Due to a technical error in the E-shop, the purchase price of the Goods may be displayed, the amount of which does not roughly correspond to the usual price for such Goods on the market; in such a case, the Operator has no obligation to deliver the Goods at the displayed purchase price, he contacts the User and informs him of the actual purchase price of the Goods, and the User has the right to decide whether to accept the Goods at the actual purchase price, and if this does not happen, the Purchase Agreement is canceled from the beginning .

10.3 The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may create a distorting impression as a result of their conversion to display in the User's technical means, therefore the User is obliged to always familiarize himself with the full description of the given Goods and in case of ambiguities contact the Operator.

11.3 The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Czech Trade Inspection carries out, to a defined extent, among other things, the supervision of compliance with Act No. 634/1992 Coll., on consumer protection."

10.4 The Operator's contact details for communication with the User are listed in the E-shop user interface in the Contact section.

10.5 There are no assumptions or claims that the products or information provided on this website are available, appropriate, unrestricted or legal outside the Czech Republic. Anyone who chooses to access this website is solely responsible for ensuring that the products and information listed are unrestricted in their own country. Use of this website is at your own risk.

10.6 The customer must be 18 years of age or older to place an order. Each order is therefore deemed to be placed in accordance with this condition.

11 Out-of-court settlement of disputes

12 Governing Law

12.1 These Terms and Conditions, as well as the Purchase Agreement, are governed by the legal order of the Czech Republic, in particular the Civil Code.

13 Efficiency

13.1 These terms and conditions enter into force on 01. 05. 2025.

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