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Terms and Conditions

Terms and Conditions of Love & Passions s.r.o., headquartered at Moravské náměstí 629/4, 602 00 Brno, Company ID: 086 03 758, VAT ID: CZ086 03 758, registered in the Commercial Register under file number: C 114434/KSBR at the Regional Court in Brno ("Seller").

 

 

General Provisions

A Consumer is any natural person who, outside the scope of their business activities or independent professional practice, enters into a contract with the Seller or otherwise interacts with them.

An Entrepreneur is a person who independently carries out business activities on their own account and responsibility, with the intention to do so continuously in order to achieve profit (§420 et seq. of the Civil Code).

These Terms and Conditions ("TC") govern the relationship between the Seller and the Buyer, whether the Buyer is a Consumer or an Entrepreneur ("Buyer").

 

 

Wholesale Partners

If the Buyer is an Entrepreneur and wants to purchase as an Entrepreneur (under their company ID), they can register. After verification by the Seller, they will be assigned a special wholesale partner account in the e-shop.

 

 

Ordering Goods and Conclusion of Contract

An order is a proposal for a purchase contract, where the subject is the goods specified in the order. By submitting an order, the Buyer confirms their agreement with these TC, and if the Buyer is a Consumer, they acknowledge being informed of their right to withdraw from the contract within 14 days of receiving the goods.

Submitting an order is not possible without confirming agreement by checking the appropriate box, along with consent to the processing of personal data. The Privacy Policy is available on a separate page of the e-shop in accordance with GDPR Regulation 2016/679.

The purchase contract is concluded by the Seller's acceptance of the order, including the purchase price. The Buyer has the opportunity to review and correct the order before submitting it. Upon receiving the order, the Seller will send the Buyer an order receipt confirmation via email. Within three business days of receiving the order, the Seller will confirm the order by acceptance, thus concluding the purchase contract. To avoid any doubt, the Seller expressly states, and the Buyer acknowledges, that the Seller is not obligated to accept any order and has the right to reject an order.

Only after order acceptance is the Seller obliged to process and ship the ordered goods to the Buyer within a reasonable timeframe, depending on stock availability. A Buyer who is a Consumer may withdraw from the contract by sending a cancellation notice via email to complaints@sour-belts.com. The cancellation is effective if received by the Seller before the goods are handed over for shipment to the Buyer. To avoid doubt, the Seller expressly states that the right to withdraw under the previous sentence applies only to Consumers and not to Entrepreneurs.

If the Seller does not process and ship the goods to the Buyer within 3 months of receiving the order, the purchase contract is automatically terminated.

Price and Payment – Wholesale, Consumer

Wholesale Prices:
Prices for wholesale partners are calculated based on the discount system of our wholesale program.

Consumer Prices:
The price for Consumers is listed with each product in the e-shop. The price remains binding during the validity of the offer.

The purchase price is considered paid once the full amount has been credited to the Seller's account. An invoice issued based on the purchase contract between the Seller and the Buyer also serves as a tax document and delivery note.

The Buyer may collect the goods only after the full purchase price has been paid unless agreed otherwise.

Shipping and Packaging Costs:

  • For Consumers, packaging and shipping costs are added to the price of the goods, and the goods are delivered to the address specified by the Consumer.

  • Wholesale partners are responsible for arranging and covering the cost of shipping the goods they selected, ordered, and paid for in the e-shop. The Seller packages and prepares all ordered goods for dispatch.

If the Buyer makes an advance payment and the Seller cannot deliver the selected goods within the agreed timeframe, the Seller will immediately return the payment to the Buyer via the agreed method. The timeframe for returning the purchase price depends on the method of return (bank transfer, postal money order).

 

 

Delivery of Goods and Transfer of Ownership

The goods are delivered within 5 business days from the date of confirmed dispatch by the Seller. The delivery location is the address specified by the Buyer in the order. The Seller expressly states that they are not responsible for any delays in delivery caused by third parties.

The Seller always sends an electronic invoice to the Buyer's email provided during registration and order placement. The invoice also serves as a warranty and delivery note.

The Buyer is required to inspect the goods immediately upon receipt. If mechanical damage to the packaging is found, the Buyer must check the condition of the goods in the presence of the carrier and create a photographic or video record of the damage, which must be confirmed by the carrier.

By signing the delivery (shipping) note, the Buyer agrees to receive the goods and confirms that they arrived undamaged. Later claims for damage caused during transport will not be accepted and will be rejected.

Transfer of Ownership and Risk:
Ownership and risk of damage to the goods transfer to the Buyer upon receipt of the goods.

If the Buyer, who is a Consumer, refuses to accept the goods for reasons attributable to them or without giving any reason, the Seller may withdraw from the contract. In this case, the Buyer is obliged to reimburse the Seller for the costs associated with shipping the goods.

In the case of a Buyer who is an Entrepreneur refusing to accept the goods, the purchase contract does not terminate, and the Buyer is considered to be in default of accepting the goods. The Buyer then bears all costs incurred by the Seller due to this situation.

The Buyer is required to check the delivered goods and the attached invoice in their email upon receipt. Any defects or discrepancies with the actual condition of the goods must be reported immediately via email to complaints@sour-belts.com. This applies especially in cases where the delivered goods do not match the contents of the invoice or if the invoice is incorrect. The Buyer must specify the defects in this notice.

If the Seller's obligation to deliver the goods to the Buyer expires due to the order being canceled by the Buyer (as described above) or if the order expires under these TC, and the Buyer paid for the goods in advance by bank transfer or via the COMGATE payment gateway, the Seller is obliged to refund the purchase price within 10 business days of the order cancellation or expiration by transferring the amount to the Buyer’s accoun

Shipping of Goods, Shipping and Packaging Costs

The shipping of goods is carried out via the Packeta courier service according to the Buyer's selected option.

If the delivery attempt at the address specified in the order is unsuccessful, the courier will store the shipment and leave a notice for the Buyer to collect the package within a specified period from the designated location.

For each order, the Seller charges shipping and packaging costs. If the order is prepaid, the Buyer is informed of the total price (including shipping and packaging) in the payment request.

If the order is paid by cash on delivery, the shipping and packaging costs are included in the cash-on-delivery price.

For orders exceeding a certain value, as determined by the Seller in advance, shipping and packaging are free of charge, with the shipping method chosen by the Seller.

 

 

Payment Terms

Ordered goods are dispatched after payment has been made in advance via:

  • Bank transfer to one of the bank accounts specified in the billing details, or

  • The COMGATE payment gateway.

The Buyer is informed of the total price of the order in the payment request.

For orders with a delivery address in the Czech Republic or Slovakia, it is also possible to pay via cash on delivery.

 

 

Warranty Period

The statutory liability for defects in goods sold to a Buyer who is a Consumer is 24 months. For a Buyer who is an Entrepreneur, the statutory liability is 6 months. In both cases, the period begins when the Buyer receives the goods.

The warranty for food products applies for the duration of the minimum shelf life stated on the packaging.

Information on Ingredients and Allergens:
Information about the ingredients and allergens is available with each product offered in the e-shop.

Limitations on Returns:
In accordance with § 1837 of the Civil Code, the Buyer cannot withdraw from the contract if the goods were made to order or if, for hygiene reasons, they are unsuitable for return (e.g., opened packages of food products).

The warranty applies only to visible damage to the packaging caused during the packaging process at the factory. The warranty and the option to claim defects do not apply to damages caused by improper or negligent handling, use/consumption of the product, or storage contrary to the instructions provided on the packaging.

 

 

Consumer's Right of Withdrawal (Applicable Only to Consumers)

  1. Consumer’s Right to Withdraw from the Contract:
    The Seller, in accordance with § 1820(1) of the Civil Code, informs the Buyer of the following:

  • The Buyer has the right to withdraw from the contract within 14 days of receiving the goods, without providing any reason.

  • To exercise the right of withdrawal, the Buyer must notify the Seller by sending a clear statement of withdrawal to the email address: complaints@sour-belts.com. This can be done by letter sent via a postal service provider or by email. The Buyer may use the provided withdrawal form, but this is not mandatory.

  1. Limitations on Withdrawal:
    The right of withdrawal does not apply to goods that were customized or produced according to the Consumer's specifications.

 

 

Obligation to Cover Return Costs:

2.1 If the Buyer withdraws from the contract, they are responsible for the costs associated with returning the goods to the Seller.

According to § 1832 of the Civil Code:

  1. If the Consumer withdraws from the contract, the Seller must return all payments received under the contract, without undue delay and no later than 14 days from the withdrawal notice. The Seller will refund the payment using the same method the Consumer used, unless the Consumer agrees to a different method, which does not incur additional costs.

  2. If the Consumer selected a delivery method other than the least expensive option offered by the Seller, the Seller will refund only the cost corresponding to the least expensive delivery method.

  3. The Seller will cover the cost of returning the goods only if the Seller did not inform the Consumer of their obligation to bear these costs as required by § 1820(1)(g). However, the Seller has fulfilled this obligation in these Terms and Conditions.

  4. The Seller is not required to refund payments to the Consumer until the goods have been returned or the Consumer provides proof of shipment.

Sample Withdrawal Form for Consumers

Sample Form for Withdrawal from the Contract by the Consumer

To:
Love & Passions s.r.o.
Moravské náměstí 629/4, Brno-město, 602 00 Brno

Subject: WITHDRAWAL FROM THE PURCHASE CONTRACT

I hereby inform you that I am withdrawing from the contract for the purchase of the following goods:

  • Product Description: .......................................................

  • Order Date: .......................................................

  • Order Number (if assigned): .......................................................

  • Date of Receipt: .......................................................

Buyer's Name and Surname: .......................................................
Buyer's Address:
.........................................................................................
.........................................................................................

Date: .......................................................

Signature: .......................................................

 

 

Out-of-Court Dispute Resolution

For out-of-court resolution of consumer disputes arising from the purchase contract, the competent authority is the Czech Trade Inspection Authority:

The European Commission's Online Dispute Resolution (ODR) platform is also available at:
https://ec.europa.eu/consumers/odr

This platform can be used for resolving disputes between the Seller and the Buyer arising from the purchase contract.

European Consumer Centre Czech Republic acts as a contact point according to Regulation (EU) No. 524/2013:

 

 

Seller’s Authorization

The Seller is authorized to sell goods based on a trade license. Trade supervision is carried out by the competent trade licensing office. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, within the defined scope.

 

 

Seller's Contact Information

Love & Passions s.r.o.
Moravské náměstí 629/4, 602 00 Brno

 

 

Final Provisions

These Terms and Conditions apply to the process of concluding contracts and the contractual relationships between the Seller as an Entrepreneur and the Buyer as a Consumer in accordance with applicable legal regulations. If the Buyer purchases goods within the scope of their business activities, the provisions of these TC that apply only to Consumers do not apply.

Unless otherwise agreed, if the Buyer is not a Consumer, the submitted order is considered a proposal to conclude a contract, and the purchase contract is concluded when the Seller accepts the order and sends a confirmation to the Buyer.

The Buyer agrees to conclude the contract, including these TC, through means of distance communication. The Buyer bears the costs of communication and contract conclusion using these means.

The Seller and Buyer agree to resolve any disputes amicably through mutual negotiation. In the event of a court dispute, the general courts of the Czech Republic have jurisdiction.

By placing an order, the Buyer confirms that they have familiarized themselves with the product information, the Seller's identification details, and the terms contained in this document, which includes the mandatory information required by law before concluding the contract.

These TC are governed by the legal system of the Czech Republic, regardless of the Buyer's chosen delivery destination. The contract concluded under these TC is concluded exclusively in English and Czech.

The concluded contract will be stored by the Seller in accordance with applicable legal regulations. Upon request, the Seller will provide the Buyer with a copy of the contract after the goods are received. If providing a copy of the contract would violate the Seller's legitimate interests, the Seller may refuse to provide the copy.

Changes to these TC are possible only in the manner prescribed by law.

These Terms and Conditions are valid in the version and scope published on the Seller's website on the day the Buyer submits a binding electronic order. All legal actions are governed by the applicable legal regulations of the Czech Republic.

These Terms and Conditions are effective as of December 1, 2024.