Terms of service

These terms and conditions apply to purchases in the online store www.ristre.com. RISTRE s.r.o. declares that the products are intended for consumption by healthy people. The products are not intended for diagnostic or therapeutic purposes. Consumption during illness and other health limitations, during pregnancy, breastfeeding, and by children under 3 years of age is subject to consultation with the attending physician. When consuming the products, it is necessary to maintain adequate fluid intake. These terms further define and specify the rights and obligations of the Seller, which is RISTRE s.r.o., with its registered office at Hládkov 920/12, 169 00 Prague 6 Střešovice, Czech Republic, Company ID No.: 08884447, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 326986 and the Buyer, i.e. the Customer (Consumer, Entrepreneur). All contractual relationships are concluded in accordance with the legal order of the Czech Republic. If the contracting party is a Consumer, relationships not regulated by these terms and conditions are governed by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.). If the contracting party is an Entrepreneur, relationships not regulated by these terms and conditions are governed by the Civil Code (Act No. 89/2012 Coll.).

DEFINITION OF TERMS

The Seller is RISTRE s.r.o., with its registered office at Hládkov 920/12, 169 00 Prague 6 Střešovice, Czech Republic, Company ID No.: 08884447, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 326986.

The Customer is the Buyer, namely a Consumer or an Entrepreneur. Who is a Consumer and an Entrepreneur is defined by law.

INFORMATION BEFORE CONCLUSION OF THE CONTRACT
The Seller informs that:

1. the costs of distance communication means do not differ from the basic rate (in the case of internet and telephone connection according to the Customer’s operator conditions); the Seller does not charge any additional fees, except for contractual transport,
2. payment of the purchase price is required before the Customer takes over the performance,
3. in the event of conclusion of a contract, the subject of which is repeated performance, the Customer is entitled to terminate such contract at any time with immediate effect,
4. the prices of goods and services on the website operated by the Seller are stated including VAT. The costs of delivery of goods vary according to the selected method and transport provider. The stated prices do not include any customs clearance costs and customs duties (in the case of orders outside the EU), nor any costs related to payment for the goods (for example additional costs when paying by postal money order, etc.),
5. the Consumer has the right, under conditions stipulated by law, to withdraw from the contract within 14 days,
6. in case of questions, comments or complaints, the Customer may contact the e-mail address podpora@ristre.com or telephone number 703 331 663 at the times stated on the Seller’s website. Alternatively, a complaint may be submitted to the supervisory or state oversight authority.

PURCHASE CONTRACT
The proposal to conclude a purchase contract is the placement of the offered goods by the Seller on the website. The purchase contract is formed by the Customer sending the order for goods and the Seller accepting the order. The Seller shall promptly confirm this acceptance by an informational e-mail to the e-mail entered by the Customer. The Seller is not liable for any errors in data transmission.

The concluded contract (including the agreed price) may be changed or cancelled only by agreement of both parties or on the basis of statutory grounds or for reasons stated in these terms.

By sending the order, the Customer confirms that they have familiarized themselves with these terms and conditions and the personal data protection principles and that they agree with them. The Customer is sufficiently informed of these terms and conditions and personal data protection principles before placing the order and has the opportunity to familiarize themselves with them.

The Seller reserves the right to cancel the order or part thereof or even the concluded purchase contract in the following cases: the goods are no longer manufactured or supplied or the supplier’s price of the goods has changed significantly, or the purchase contract was concluded for an unusual quantity of goods, an unusually low or high price, or in the event of misuse of a software error of the e-shop. If the Customer has already paid part or all of the purchase price, this amount will be transferred back to their account or to the specified address, and the purchase contract will not be concluded, or the concluded purchase contract will be cancelled.

No Consumer rights may be applied to gifts provided completely free of charge.

**Delivery of the subject of purchase**By the purchase contract, the Seller undertakes to hand over to the Customer the item that is the subject of purchase and enable them to acquire ownership thereof, and the Customer undertakes to accept the item and pay the Seller the purchase price.

The Seller reserves title to the item; the Customer shall become the owner only only upon full payment of the purchase price.

The Seller fulfills the obligation to hand over the item to the Customer if it enables the Customer to handle the item at the place of performance and notifies them of this in time.

If the Seller is to send the item, it shall hand over the item to the Customer (Entrepreneur) by delivering it to the first carrier for transport for the Customer and enable the Customer to exercise rights from the transport contract against the carrier. If the Customer is a Consumer, this provision applies if the carrier was designated by the Customer without being offered by the Seller. Otherwise, the item is handed over to the Customer only when the carrier delivers it to them.

The Seller shall hand over to the Customer the subject of purchase in the agreed quantity, quality and design. If quality and design are not agreed, the Seller shall perform in quality and design suitable for the purpose apparent from the contract; otherwise for the usual purpose.

If it is not agreed how the item is to be packaged, the Seller shall package the item according to customs; if there are none, then in a manner necessary for preservation of the item and its protection. The Seller shall prepare the item for transport in the same manner.

Customer’s obligations related to taking over the goods

The Customer shall pay the purchase price and take over the item.

If the Customer is in delay with taking over the item or with payment of the purchase price, the Seller shall store the item, if it can handle it, for the Customer in a manner appropriate to the circumstances.

If the Customer has taken over an item which they intend to refuse, they shall store it in a manner appropriate to the circumstances.

If a party is in delay with taking over the item, the other party gains the right, after prior notice, to sell the item in an appropriate manner at the expense of the defaulting party after having provided the defaulting party with an additional reasonable period for taking it over. This also applies if a party is in delay with payment on which delivery of the item is conditioned.

PAYMENT AND DELIVERY TERMS
Payment may be made by the methods listed below:

• cashless bank transfer to the Seller’s account,
• cashless payment card,
• cash deposit at a bank counter to the benefit of the Seller’s account,
• postal money order to the benefit of the Seller’s account,
• cash on delivery,
• other methods enabling cashless payments such as e.g. ApplePay, GoPay, GooglePay, etc., as the Seller gradually introduces them.

The specific payment method is stated on the Seller’s website for the specific goods order and may be changed by the Seller at any time. The range of payment options may be stated differently for Customers from different countries.

Additional costs related to payment are borne by the Customer. In the case of cashless payment by bank transfer and postal money order, the Customer is obliged to state the variable payment symbol, which is the order number. Without the variable symbol, the payment cannot be assigned to the relevant order, which may be a reason for more time-consuming order processing. In this case, the Seller reserves up to 7 working days to trace the payment.

Transport of goods is provided exclusively by a courier company. Based on its own decision, the Seller is entitled to use another method of transport as well. In the event of a change in the transport method 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 for reasons on the Customer’s side, the delivery costs are charged to the Customer.

When taking over the goods, it is the Customer’s obligation to check the condition, completeness and packaging of the goods. In the event of damage, broken packaging, incompleteness or suspicion of non-standard handling of the goods, the Customer has the right not to accept the goods and to reflect this fact in the carrier’s presence by making a record in the transport documents – Damage Report. This significantly simplifies and accelerates the handling of the complaint procedure.

QUALITY GUARANTEE, TRANSFER OF RISK OF DAMAGE AND RIGHTS FROM DEFECTIVE PERFORMANCE
An item is defective if it does not have the agreed properties.

The Customer shall inspect the item, if possible, as soon as possible after transfer of the risk of damage to the item and ascertain its properties and quantity.

The risk of damage passes to the Customer upon taking over the item. The same consequence applies if the Customer does not take over the item even though the Seller enabled them to handle it.

Rights from defective performance

The Customer is entitled to exercise the right from a defect that appears in consumer goods (not food!!!) within twenty-four months from taking over. If the period during which the item can be used is stated on the sold item, on its packaging, in instructions attached to the item, or in advertising in accordance with other legal regulations, the provisions on quality guarantee shall apply. This provision does not apply in the following cases:

1. for an item sold at a lower price for a defect for which the lower price was agreed,
2. for wear and tear of the item caused by its usual use,
3. for a used item, for a defect corresponding to the degree of use or wear that the item had when taken over by the Customer, or
4. if it follows from the nature of the item.

The Customer is not entitled to a right from defective performance if the Customer knew before taking over the item that the item had a defect, or if the Customer caused the defect themselves.

If defective performance is a material breach of contract, the Customer has the right to removal of the defect by delivery of a new defect-free item or delivery of a missing item; otherwise the Customer has the right:

1. to removal of the defect by repair of the item, or
2. to a reasonable discount from the purchase price, or
3. to withdraw from the contract.

The Customer shall inform the Seller which right they have chosen upon notification of the defect, or without undue delay after notification of the defect. The Customer may not change the made choice without the Seller’s consent; this does not apply if the Customer requested repair of a defect that proves irreparable. If the Seller does not remove defects within a reasonable period or notifies the Customer that it will not remove the defects, the Customer may request a reasonable discount from the purchase price instead of defect removal, or may withdraw from the contract.

The Customer may not withdraw from the contract or request delivery of a new item if the Customer cannot return the item in the condition in which they received it. This does not apply if,

1. the condition changed as a result of an inspection for the purpose of detecting a defect in the item,
2. the Customer used the item before discovering the defect,
3. the Customer did not cause the impossibility of returning the item in unchanged condition by act or omission, or
4. the Customer sold the item before discovering the defect, consumed it, or modified the item during usual use; if this happened only in part, the Customer shall return to the Seller what can still be returned and provide the Seller compensation up to the amount in which the Customer benefited from using the item.

If the Customer does not notify the defect of the item in time, they lose the right to withdraw from the contract.

If the Customer does not notify the defect without undue delay after they could have detected it during a timely inspection and with sufficient care, the court shall not grant them the right from defective performance. If it is a hidden defect, the same applies if the defect was not notified without undue delay after the Customer could have detected it with sufficient care, however no later than within two years after handover of the item, except for food.

Quality guarantee

By a quality guarantee, the Seller undertakes that the item will be fit for use for the usual purpose for a certain period or that it will retain its usual properties. These effects also arise from stating the warranty period or the period of usability of the item on the packaging. A guarantee may also be provided for an individual component of the item.

OUT-OF-COURT DISPUTE RESOLUTION
Relations and any disputes arising on the basis of the contract shall be governed exclusively by the law of the Czech Republic and shall be resolved by the competent courts of the Czech Republic.

Any disputes between RISTRE s.r.o. and the Customer may 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 out-of-court dispute resolution is initiated, the Seller recommends that the Customer first contact the Seller to resolve the situation. This may be done either by e-mail at podpora@ristre.com or by phone at 703 331 663.

PROCEDURE FOR CLAIMING GOODS (COMPLAINT PROCEDURE)
A complaint 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 703 331 663, or by e-mail at podpora@ristre.com and state what the complaint consists of. Products to which the right to claim applies must be submitted for assessment immediately after the defect is discovered.

The complaint procedure is as follows:

After the complaint is made, the Seller’s courier will collect the product and deliver it to the Seller’s address. The costs are borne by the Seller.

The shipment must be complete, including all documentation, and in the condition in which the Consumer received it upon delivery, or with the place of defect marked. All documents and papers contained in the original shipment must be enclosed with the goods.

Immediately after receiving the claimed goods, the Seller shall confirm this fact by e-mail or telephone. Based on the examination, the defective or damaged goods will be replaced, or the purchase price will be refunded. Sending of new goods takes place under the same conditions as in the case of a standard order.

The Seller or an employee authorized by the Seller shall decide on the complaint immediately, in complex cases within three working days from receipt of the claimed item. This period does not include time appropriate according to the type of product or service needed for professional assessment of the defect. The complaint, including removal of the defect, must be settled without undue delay, no later than within 30 days from the date the complaint is made, unless the Seller and the Consumer agree on a longer period. Expiry of this period without result is considered a material breach of contract.

The Seller does not assume liability for damages resulting from operation of the products, functional properties, and damages from unprofessional use of the products, as well as damages caused by external events and incorrect handling. Defects of this origin are not covered by the provided warranty either.

The running of the period for handling complaints is suspended if the Seller has not received all documents necessary for handling the complaint (parts of goods, other documents, etc.). The period is suspended from this date until the requested documents are delivered by the Consumer.

CONSUMER’S RIGHT TO WITHDRAW FROM THE CONTRACT
Terms such as Seller, Consumer and others are based on the definitions of terms stated in the general terms and conditions. If the purchase contract is concluded by means of distance communication (in the online store), the Consumer has, in accordance with Section 1829(1) of the Civil Code, the right to withdraw from the contract without giving a reason within 14 days from taking over the goods (if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of taking over the last delivery of goods). Withdrawal from the purchase contract must be sent to the Seller within the period stated in the previous sentence.

By breaking the standard packaging, the Consumer’s right to withdraw from the contract expires, because in accordance with food law the manufacturer cannot guarantee the health safety of goods in damaged packaging, since in accordance with EU Regulation 1169/2011, Ch. III, Articles 6-8, and further Ch. IV, Articles 9-14, damaged packaging does not meet the requirements for food labeling and packaging.

In accordance with Section 1833 of the Civil Code, the Consumer is liable to the Entrepreneur for the decrease in value of returned goods resulting from handling such goods in a manner other than necessary with regard to its nature and properties.

If the Consumer wishes, pursuant to the previous paragraph, to withdraw from the contract within 14 days, they shall contact the Seller with a notice of withdrawal from the contract. Purchase Contract Withdrawal Form may be sent by the Consumer by post to the Seller’s address (RISTRE s.r.o., Hládkov 920/12, 169 00 Prague 6 Střešovice) or sent as an attachment to an e-mail to podpora@ristre.com.

However, this statutory provision cannot be understood as an option for free borrowing of goods. In the event of exercising the right to withdraw from the contract within 14 days from taking over the performance, the Consumer must, pursuant to Section 1831(1) of the Civil Code, without undue delay return to the supplier everything they 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 Entrepreneur are borne by the Consumer in accordance with Section 1820(1)(g).

When exercising the right to withdraw from the purchase contract within 14 days, the Consumer has the right to reimbursement of delivery costs associated with sending the goods by the Entrepreneur to their address, in the cheapest offered delivery option. In accordance with Section 1832(1) of the Civil Code, the Entrepreneur shall return to the Consumer without undue delay, no later than within fourteen days from withdrawal from the contract, in the same manner, all monetary funds, including delivery costs in the cheapest delivery option, which it received from the Consumer on the basis of the contract. In accordance with Section 1832(4) of the Civil Code, the Entrepreneur is not obliged to return the received funds to the Consumer before the Consumer hands over the goods or proves that they sent the goods to the Entrepreneur.

The Seller may additionally set off against the purchase price to be returned to the Consumer its actually incurred costs associated with return of the goods.

In accordance with Section 1837 of the Civil Code, the Consumer does not have the right to withdraw from the contract, in particular in the case of contracts:

1. for the provision of services, if they were performed with the Consumer’s prior express consent before expiry of the withdrawal period and the Entrepreneur informed the Consumer before conclusion of the contract that in such a case the Consumer has no right to withdraw from the contract,
2. for the supply of goods or services, the price of which depends on fluctuations of the financial market independent of the Entrepreneur’s will and which may occur during the withdrawal period,
3. for the supply of alcoholic beverages that may be delivered only after thirty days and whose price depends on financial market fluctuations independent of the Entrepreneur’s will,
4. for the supply of goods modified according to the Consumer’s wishes or for their person,
5. for the supply of goods subject to rapid spoilage, as well as goods that were irreversibly mixed with other goods after delivery,
6. for repair or maintenance carried out at a place designated by the Consumer at their request; this does not apply to subsequent performance of repairs other than requested or delivery of spare parts other than requested,
7. for the supply of goods in a sealed package which the Consumer removed from the package and which cannot be returned for hygienic reasons,
8. for the supply of an audio or video recording or computer program if the Consumer broke their original packaging,
9. for the supply of newspapers, periodicals or magazines,
10. for accommodation, transport, catering or use of leisure time, if the Entrepreneur provides such performance on a specified date,
11. concluded on the basis of a public auction under the law governing public auctions, or
12. for the supply of digital content if it was not delivered on a tangible medium and was delivered with the Consumer’s prior express consent before expiry of the withdrawal period and the Entrepreneur informed the Consumer before conclusion of the contract that in such a case the Consumer 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 persons, 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 even without stating a reason and without compensation, effective upon publication of such notice on the relevant social network or on the pages www.ristre.com.

No contestant acquires any legal entitlement to a competition prize; payment or handover of a prize cannot be claimed through court, and the announcement of a competition is not any public promise or public offer.

A competition prize cannot be exchanged for any other performance, cannot be set off, cannot be exchanged for cash or any other value, discount, etc.

Competition entries will be evaluated by the Seller’s internal committee according to the criteria of individual competitions; the Seller is not obliged to publish the results of this committee’s decision-making or the manner of its decision-making.

If the Seller has a justified suspicion of fraudulent, dishonest or unfair conduct of a competition participant or another person who assisted or could have assisted the participant in winning, or if such conduct occurs, the participant will be excluded from the competition; the same applies in the case of other conduct of the participant or another person who assisted or could have assisted the participant in winning that is otherwise contrary to the competition rules or conditions. Participation in the competition cannot be enforced through court.

By registering for the competition, i.e. by actively participating and fulfilling the competition conditions, contestants agree to the competition rules and conditions in full.

Prizes will be sent by the Seller only within the territory of the Czech Republic, i.e. the Seller has no obligation to deliver any prize to an address other than an address in the Czech Republic. By agreement with the contestant, the Seller may send the prize at the contestant’s expense also to an address outside the territory of the Czech Republic.

A participant’s prize that cannot be delivered for reasons not on the Seller’s side forfeits in favor of the Seller. The Seller is not liable for loss, damage, destruction, or non-delivery of the prize notice or for loss, damage, destruction, or non-delivery of the prize itself for reasons on the side of the competition participant or the provider of electronic communications services, postal services provider, or another carrier.

**Competitions on social networks**Competitions are organized by RISTRE s.r.o. on its own initiative and independently of the individual operators of specific social networks.

Regardless of the specific rules of a given competition on a social network, the Seller, in addition to the above, reserves these rights.

Competitions always last for the defined time stated in the post published on the given social network by which the specific competition is announced. The prize in the given competition will be stated always and only in the post by which the competition is announced on the given social network. Unless the Seller determines otherwise, the winner will be announced on the given social network after the competition ends, at times determined solely by the Seller.

An applicant for participation in the competition must usually be an active user of the given social network and must have their profile on the given social network.

Competitions may be based on sharing photographs, opinions, audiovisual works and other entries of contestants.

The competition winner will be evaluated by the organizer’s internal committee based on originality, creativity, humor, or fulfillment of all competition conditions.

The winner must meet all criteria stated in the individual posts on social networks by which the competition is announced.

The winner will be informed of the prize by private message on the given social network, or publicly by sharing the winner’s name or nickname on the given social network. Upon request, winners must always send the Seller their exact address and their name for sending any prize. The Seller bears no responsibility for delay in delivery of information by winners. Unless the Seller determines otherwise, if the winner does not respond to the Seller’s request to send the contestant’s name and address within 14 days of its sending, the prize is forfeited and the Seller will not send the prize to the contestant, unless the Seller decides otherwise.

By participating in the competition, the competition participant gives the Seller, i.e. RISTRE s.r.o., consent to the processing of their 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 Seller’s social networks, 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 competition participant grants the Seller consent to sending information about organized events and other activities, as well as commercial communications to the provided e-mail address, within the meaning of Act No. 480/2004 Coll., on certain information society services, until written withdrawal of consent, for a period of three years unless withdrawn earlier. The Seller organizing the competition is entitled to process personal data provided by competition participants for the duration of the competition and for a reasonable period after its end, however no later than the end of the third month after the end of the competition. The competition participant has the right to access such data, is entitled to request in writing information about personal data processed about them, and in the event of a breach of their rights may request an explanation from the Seller or demand that the Seller remedy the defective state, or has the right to contact the Office for Personal Data Protection. The competition participant acknowledges that providing personal data is voluntary, that they may withdraw their consent free of charge at any time, that they have the right to correction of data, blocking, and deletion thereof. The competition participant may withdraw the above consents at any time by written request sent to the above-mentioned address of the Seller.

FINAL PROVISIONS
These terms and conditions apply in the wording stated on the Seller’s website on the date of conclusion of the purchase contract.

By concluding the purchase contract, the Customer accepts all provisions of the terms and conditions in the wording valid on the date of conclusion of the purchase contract, unless demonstrably agreed otherwise in a specific case.

In the case of foreign orders, the purchase relationship is governed by Czech law.

RISTRE s.r.o. is not responsible for the consequences of administering the Seller’s products by third parties/to third parties.

These terms become effective on 14 September 2020.