Terms & Conditions

MERX TRADE, sro company

ID number: 09594566 VAT number: CZ09594566

with its registered office at Nové sady 988/2, Staré Brno, 602 00 Brno, Czech Republic, a company registered in the Commercial Register kept by the Regional Court in Brno, section C 119557/KSBR (12.10.2020)

Online store: hyvenutrition.com

Email: hello@hyvenutrition.eu
Phone: + 420 607 577 903

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These terms and conditions of MERX TRADE, sro for the sale of goods and services apply to the online store located on the website hyvenutrition.com and consist of the following articles:

Article 1. - General provisions

Article 2. - Orders, purchase agreement

Article 3. - Price of goods, payment terms and delivery

Article 4. - Order cancellation policy

Article 5. - Withdrawal from the Purchase Agreement concluded using means of distance communication

Article 6. – Transport and delivery conditions

Article 7. – Rights arising from defective performance

Article 8. - Final provisions

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Article 1.

General provisions

1. The Seller is the trading company MERX TRADE, sro, IČO: 09594566, DIČ: CZ09594566; with its registered office at Nové sady 988/2, Staré Brno, 602 00 Brno, Czech Republic, a company registered in the Commercial Register kept by the Regional Court in Brno, section C 119557/KSBR; date of establishment: 20.10.2020 (hereinafter referred to as the “Seller” ).
2. The online store is operated by the Seller on the website hyvenutrition.com (hereinafter referred to as the " e-shop "), through the web interface of the store (hereinafter referred to as the "Interface" ).

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Article 2.

Orders, purchase agreement

1. These terms and conditions govern the mutual rights and obligations of the contracting parties entering into a purchase agreement (hereinafter referred to as the "Purchase Agreement" ) concluded between the Seller and any natural person who orders products or services (hereinafter referred to as the "Buyer" or "You" ) through the Seller's e-shop. These terms and conditions, together with the Personal Data Protection Policy, form an integral part of the purchase agreement and by concluding the purchase agreement, the Buyer confirms that he has read these documents. These terms and conditions do not apply to natural persons who conclude a contract with the Seller as part of their business activities or as part of the independent performance of their profession.
2. By using the e-shop, the Buyer accepts the Privacy Policy, which applies to all information entered into the Seller through the interface and which may be collected during this process in accordance with applicable laws. The full text of the policy can be viewed HERE .
3. By sending the order, the Buyer confirms all of the following facts (a) and that the Buyer:

• (a) is an adult or has received permission from a guardian to place an order,
• (b) is familiar with these Terms and any supplementary documents,
• (c) is capable of entering into a legally binding agreement, and
• (d) agrees to the collection and processing of personal data to the extent of fulfilling the subject matter of the concluded purchase contract.

4. All presentation of goods on the interface is for informational purposes only and the Seller is not obliged to conclude a purchase contract for these goods. The provisions of Section 1732, paragraph 1, letter 2 of the Civil Code do not apply.
5. The Buyer agrees to the use of distance communication means in connection with the conclusion of the purchase contract and the Seller is not liable for the costs incurred by the Buyer in connection with the use of distance communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone charges, etc.).
6. To order products, the Buyer fills out the order form in the “Cart” section. The order form contains in particular information regarding (ad):

• (a) the ordered goods (the Buyer places the goods in the electronic "Cart" in the Interface and can select additional services in the "Cart"),
• (b) the method of payment of the purchase price,
• (c) the requested method of delivery with associated costs and
• (d) additional services (if applicable) and related costs

(hereinafter also "Order" or "Order Placement" ).

7. The purchase contract comes into force when the Buyer receives the "Order Confirmation" e-mail from the Seller together with the supporting documents in a permanent form. You can view the supporting documents on the following pages: Terms and Conditions , Privacy Policy
8. The Buyer may also place an order by e-mail, telephone or other means of distance communication under the conditions specified in the Interface (on the e-shop website). Regardless of the method in which the order was placed, it is valid only after the Buyer receives the "Order Confirmation" e-mail.
9. Before sending the order, the Buyer has the opportunity to check and change the personal data entered in the order so that he can correct any errors made when filling out the order form or not send the order. The Buyer sends the order to the Seller by clicking on the "Order and pay" button. The Seller is not responsible for failure to receive or accept the order or for receiving incorrect information, whether provided intentionally or unintentionally.
10. The buyer is entitled
11. By concluding the Purchase Agreement, the Seller is obliged to deliver the goods to the Buyer and enable him to acquire ownership of the goods, and the Buyer is obliged to take over the goods and pay the purchase price to the Seller.

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Article 3.

Price of goods, payment terms and delivery

1. The interface provides information about the goods and services provided, including the prices of individual products. Prices are listed including VAT and all related fees. The price of the goods does not include any fees for shipping, cash on delivery or payment method, the amount of which depends on the Buyer's choice and is only listed in the Cart.
2. Product prices are valid at the time the order is sent, except in the event of cancellation by the Seller.
3. Payment methods and their conditions are listed in the " Shipping and Payment " section. The Seller does not accept any payment methods other than those listed in the above section and available in the "Cart" section and is not responsible for any damages that may result from the Buyer attempting to pay in a different way.
4. The Buyer shall pay the Seller the purchase price of the products together with the costs of shipping and packaging in the agreed amount, unless expressly stated otherwise.
5. In the event of a delay in delivery, the Buyer will be informed of this fact by e-mail. Otherwise, the Buyer will receive an e-mail confirming that their order has been shipped.
6. The Buyer accepts the fact that the Seller may announce marketing promotions, such as a Gift with Purchase. The rules of these promotions can be found in the link to the relevant promotion provided. In such a case, these rules form an integral part of the terms and conditions. If the Seller provides the Buyer with a free gift for purchase, unless otherwise stated in the terms and conditions of the relevant promotion, its return in the event of withdrawal from the Purchase Agreement (even partial) is tied either to a specific product, upon return of which the Buyer is obliged to return the free gift as well; or the Buyer is obliged to return the free gift if, when ordering multiple products, the Buyer withdraws from the order in such an amount that the condition of the minimum purchase value for keeping the free gift is not met.
7. The Seller may issue the following discount codes to Buyers (ab):

• (a) "Value discount code" entitles registered and logged in Buyers to apply a fixed discount when placing an order. Once the code is active, the purchase price in the cart will be reduced by the specified fixed discount value. In the case of applying the code when purchasing multiple items, the discount will be applied to each item separately and in proportion to its amount to the purchase price of the ordered goods.
• (b) The "Percentage Discount Code" entitles registered and logged-in Buyers to apply a percentage discount when placing an order. Once the discount code is active, the price of the goods in the cart will be reduced in proportion to the entered percentage of the discount.

The discount code is entered in the "Enter new discount code" field in the Cart section. Discounts provided by the Seller to the Buyer cannot be combined with each other.

8. The Buyer acquires ownership of the goods both by paying the full purchase price of the goods and by taking them over from the Seller or by mutual agreement of a third party.

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Article 4.

Order Cancellation Policy

1. The Buyer may cancel the Order after or after its acceptance by the Seller, by phone (+420 607 577 903) or by e-mail sent to hello@hyvenutrition.eu; until the Seller arranges for delivery to the Buyer. Please state the order number in the written cancellation of the order. The order number is stated in the order confirmation sent to the specified e-mail address after receipt of the order and in the order overview in the Buyer's user profile (for more information about user profiles, see the Privacy Policy). If the Buyer cancels the Order after the Seller arranges for delivery, the Seller recommends that the Buyer not accept the Order so that it is delivered back to the Seller.

The Seller reserves the right to cancel the Order or part thereof in any of the following cases (a-e):

• (a) the goods are no longer manufactured or supplied;
• (b) the supplier has significantly changed the price;
• (c) in the event of an obvious error in the price of the goods (i.e. the price is obviously different from the usual price for this type of goods). An obvious error in the price of the goods is, for example, a price 60% lower than the usual price for this type of goods;
• (d) the billing information provided is incorrect or cannot be verified;
• (e) The Seller does not deliver to the stated delivery address;
• (f) The Buyer has in the past breached its obligations under the purchase contract towards the Seller;
• (g) The Buyer did not accept the goods delivered by the carrier within the time limit set for this purpose.

If such a situation occurs, the Seller will immediately inform the Buyer in order to agree on further action. If the Buyer has already paid the price of the goods before canceling the Order, the funds for the undelivered goods (including shipping costs) will be returned to him in the manner in which the purchase price was paid, or in a manner agreed upon between the Seller and the Buyer.

2. The Seller reserves the right not to accept the Order or to withdraw from the Purchase Agreement (Commercial sale of goods offered by MERX TRADE, sro is not permitted. The Seller reserves the right not to accept the Order or to withdraw from the Purchase Agreement if it learns of the Buyer's intention to resell the goods commercially.).

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Article 5.

Withdrawal from the Purchase Contract concluded using means of distance communication

1. The Buyer is entitled to partially or completely withdraw from the purchase contract without giving any reason within 30 days from the receipt of the goods by the Buyer or a third party designated by the Buyer (other than the carrier), or from the receipt of the last piece of goods if the Buyer orders multiple pieces of goods within one order that are delivered separately. The Buyer must send the Seller a notice of withdrawal from the contract within this period. The Buyer shall then return the goods to the Seller without undue delay, no later than 14 days from the withdrawal from the purchase contract.
2. To withdraw from the purchase contract, the Buyer may use the template provided by the Seller, which is an annex to these terms and conditions (see Annex I). We recommend that the withdrawal be carried out by the Buyer sending a clear notification to the Seller's email address hello@hyvenutrition.eu .
3. The Seller will return the money to the Buyer within 14 days of the Buyer's withdrawal from the purchase contract, no earlier than the Buyer proves to the Seller that he has sent the goods back, whichever comes first.
4. When returning goods ordered using a discount code, the Buyer will only be refunded the amount paid for the returned item.
5. In addition to the refund of the purchase price, in the event of complete withdrawal from the contract, the Buyer is entitled to a refund of the costs associated with the delivery of the goods, up to the price of the cheapest shipping offered by the Seller. The costs associated with the return of the goods are borne by the Buyer.
6. The Buyer acknowledges that it is not possible to withdraw from the Purchase Agreement in the cases specified in applicable legal regulations, including, inter alia, in the provisions of Section 1837 of the Civil Code, in particular in the cases (ad):

• (a) from a purchase contract for the supply of goods that have been modified according to the Buyer's wishes;
• (b) from a purchase contract for the supply of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery;
• (c) from a purchase contract for the supply of goods in sealed packaging that the consumer has removed and cannot be returned for hygiene reasons;
• (d) from a purchase contract for the supply of digital products, if access to the digital product has begun.

7. Withdrawal from the purchase contract may be refused if the goods were purchased by an entrepreneur or a legal entity. In such cases, the relevant provisions of the Civil Code shall apply.
8. The Buyer acknowledges that if the returned goods are damaged, used beyond their intended purpose or even partially consumed, or their value has otherwise been reduced as a result of handling the goods in a manner other than that necessary to familiarize themselves with the nature, properties and functionality of the goods, the Seller shall have the right to compensation for the damage incurred by the Buyer. The Buyer acknowledges that the amount of compensation for damage will be determined by the Seller with regard to the condition of the returned goods and in the event that the goods are assessed by the Seller as unsaleable, the claim for compensation for damage may be unilaterally set off by the Seller against the Buyer.
9. In addition to withdrawing from the Purchase Agreement without giving a reason (according to this article of the Terms and Conditions above), the Buyer may also withdraw from the Purchase Agreement if the Seller is in delay in handing over the item, if the Seller fails to fulfill its obligation even within an additional reasonable period of time provided by the Buyer. The Buyer may withdraw from the agreement without an additional period of time only if the Seller has refused to perform or performance within a specified time is necessary with regard to the circumstances at the time of conclusion of the Purchase Agreement or the Buyer has informed the Seller before concluding the Purchase Agreement that delivery at a certain time is necessary.

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Article 6.

Shipping and delivery conditions

1. Delivery methods and their conditions are listed in the "Shipping and Payment" section of the Interface. Delivery is provided by the Seller within the European Union. Shipping costs may vary depending on the shipping method. The specific delivery method is chosen by the Buyer with the current price list available in the "Cart" section.
2. In the event that the Buyer has been delivered goods from the Seller that the Buyer did not order, the Seller recommends that the Buyer contact the Seller's customer service without undue delay after delivery of the goods, possibly by e-mail or telephone.
3. When accepting the goods from the carrier, the Buyer is obliged to check the condition and quality of the goods, especially the integrity of the packaging of the goods. In the event that the Buyer has received a shipment from the carrier that shows signs of damage or defects, the Seller recommends that the Buyer contact the Seller's customer service, or by e-mail or telephone. In the event that damage to the shipment is detected, the Seller recommends that the Buyer write a record of the extent and nature of the damage to the goods, the accuracy of which will be confirmed by the carrier. In the event of acceptance of a damaged shipment, the matter will be resolved with the carrier.
4. If, for reasons on the Buyer's part, the Goods need to be delivered repeatedly, the Buyer undertakes to reimburse the Seller for all costs associated with such repeated delivery.
5. After receiving the shipment, the Buyer shall inspect the goods and report any defects in writing within 24 hours of receipt, if possible including photo or video documentation, to the e-mail address: hello@hyvenutrition.eu. The Buyer is obliged to provide all cooperation to the Seller so that the Seller can exercise its rights against the carrier arising from the Seller's contract with the carrier and other conditions relating to the transport of goods. The method of describing the defect and other necessary information are provided in the following article Rights from defective performance.

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Article 7.

Rights arising from defective performance

1. The provisions of this article apply to the Buyer who is a consumer. Rights arising from defective performance in the event that the Buyer is a consumer are further governed by the Civil Code and the Consumer Protection Act. In the event of the purchase of products by a natural person as part of their business, the complaint is governed by the relevant provisions of the Civil Code as amended.
2. The Seller is responsible to the Buyer for the goods being free from defects upon receipt. The Seller guarantees to the Buyer that at the time of receipt of the goods by the Buyer (ae):

• (a) the goods have the properties agreed upon by the parties; in the absence of such an agreement, the goods have the properties described by the Seller or the manufacturer or those expected by the Buyer having regard to the nature of the goods and based on the Seller's or the manufacturer's advertising;
• (b) the goods are fit for the purpose declared by the Seller or for the purpose for which the goods are usually used;
• (c) the goods correspond in quality and design to the agreed sample or design, if the quality or design was determined according to the agreed sample or design;
• (d) the quantity, size or weight of the goods corresponds to the Order;
• (e) the goods comply with the requirements of legal regulations

3. The provisions stated above do not apply to defects in goods sold at a lower price due to a defect, to normal wear and tear of the goods caused by their usual use, in the case of used goods to defects corresponding to the degree of wear and tear that the goods had when they were taken over by the Buyer, to tears or damage when they were taken over by the Buyer, or if this results from the nature of the goods.
4. The right to defective performance does not apply to defects caused by the Buyer, in particular those resulting from use contrary to the instructions for use, defects resulting from mechanical damage or natural elements. A complaint can therefore be made for defects caused by a material defect or incorrect production technology.
5. The seller is not liable for damage caused by the function of the goods.
6. If a defect becomes apparent within one year of receipt, the item is deemed to have been defective upon receipt, unless the nature of the item or defect precludes this. This period does not run for the period during which the Buyer cannot use the item, if the defect was rightfully reported.
7. The Buyer is entitled to exercise the right of liability for defects in consumer goods for a period of 2 years from the receipt of the goods; this period may be extended by a statement in the warranty certificate. In the event of an extension of the warranty period, the Seller shall specify the conditions and scope of the extended warranty in the warranty certificate. In the event that the warranty certificate does not exist, a tax document (invoice) serves the same purpose.
8. The moment of filing a complaint is the moment when the Seller was notified of the defect by the Buyer.
9. In the event of an unjustified complaint, the Buyer undertakes to reimburse the Seller for the costs reasonably incurred in connection with the complaint procedure beyond the scope of the normal method of settlement (in particular, the costs of its own expert opinion, the costs of legal representation, etc.). The Buyer's right to reimbursement of costs associated with a successful complaint procedure is governed by the relevant provisions of the Civil Code.
10. No rights of the Buyer, including rights arising from defective performance, can be applied to gifts that are provided free of charge. Such goods meet the conditions of the gift contract and are governed by the applicable legal regulations for the gift contract. The gift contract is concluded between the Seller and the Buyer with a termination condition that if the Buyer withdraws from the Purchase Contract within 14 days pursuant to Section 1829, paragraph 1 of the Civil Code, or if the Order is canceled pursuant to these Terms and Conditions, the Buyer is obliged to return the gifts provided together with the purchased goods to the Seller. Otherwise, the Seller is entitled to unilaterally offset the value of the unreturned gift against the Buyer's claim for a refund of the purchase price.
11. If the goods have a defect, the Buyer may demand its removal. At his option, he may demand the delivery of new goods without a defect or the repair of the goods, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value that the goods would have without the defect, and whether the defect can be removed in the other method without significant difficulties for the Buyer. The Seller may refuse to remove the defect if this is impossible or disproportionately expensive, in particular with regard to the significance of the defect and the value that the goods would have without the defect.
12. The Buyer may request a reasonable discount or withdraw from the Purchase Agreement if

• a) The seller refused to remove the defect or did not remove it in accordance with Section 2170, paragraphs 1 and 2 of the Civil Code,
• b) the defect appears repeatedly,
• c) the defect is a material breach of the Purchase Agreement, or
• d) it is obvious from the Seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant difficulties for the Buyer.

13. In the event of a complaint about goods purchased from MERX TRADE, sro, the Buyer is recommended to follow the instructions below:

• Please send an email with the product name, order number and a detailed description of the reason for the complaint to hello@hyvenutrition.eu. We recommend attaching a photo of any defects or broken shipment.
• Our customer service will be happy to help you with further steps in the complaint, which, depending on the nature of the complaint, may include returning the product to the return address that will be provided to you by customer service.
• Together with the goods, send all the details that may relate to the claimed defect, provide a precise description of the defect, or proof of an irregularly occurring defect, contact details (telephone number, e-mail address), specification of the rights you wish to exercise in connection with the complaint, sales receipt (copy) and/or warranty certificate.
• The buyer can choose whether to take out insurance in case of loss, theft or destruction of the shipment. MERX TRADE, sro does not cover any costs or postage/shipping fees, is not liable for non-delivery of the shipment and will not accept shipments sent on delivery.

The above recommendations do not affect the Buyer's options and rights under current laws as amended and their purpose is to ensure and enable comfortable and as quick a settlement of the complaint as possible.

14. The Seller is obliged to issue the Buyer a written confirmation when making a complaint, stating the date on which the Buyer made the complaint, its content, the method of handling the complaint requested by the Buyer, and the Buyer's contact details for the purpose of providing information on handling the complaint.

15. The complaint and removal of defects will be handled and the Buyer must be informed of the handling no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. If the 30-day period is not met, the Buyer is entitled to demand a reasonable discount on the purchase price or to withdraw from the purchase contract.

16. The Seller is obliged to issue the Buyer a confirmation of the date and method of handling the complaint, including confirmation of the repair, and its duration, or a written justification for rejecting the complaint.

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Article 8.

Final provisions

1. The invalidity of any provision of these Terms and Conditions, the Purchase Agreement or any other contractual arrangement between the parties shall not affect the validity and effectiveness of the remaining provisions.
2. These terms and conditions do not apply to cases where the person intending to purchase products from the Seller is a legal entity or a person ordering goods as part of their business activity or independent profession.
3. A sample notice of withdrawal from the purchase contract is attached to this contract (see Annex I).
4. The purchase contract and all supporting documents are drawn up in Czech. The purchase contract is concluded in the Czech language and is governed by Czech law.
5. All issues not mentioned here are governed by the Civil Code and the Consumer Protection Act, as amended.
6. In the event that a consumer dispute arises between us and the consumer from a purchase contract or a service contract that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is

Czech Trade Inspection

Central Inspectorate – ADR Department

Stepanska 44

110 00 Prague 1

Email: adr@coi.cz

Web: adr.coi.cz

These terms and conditions come into effect on January 1, 2023. Terms and conditions are subject to change.

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ANNEX I

Withdrawal from the purchase contract

Seller: MERX TRADE, sro, Nové sady 988/2, 602 00 Brno, Czech Republic, Company ID: 09594566, VAT Number: CZ09594566

Correspondence address: MERX TRADE, sro, Nové sady 988/2, 602 00 Brno, Czech Republic Email: hello@hyvenutrition.eu. Phone number: +420 607 577 903.

ATTENTION! This address is only used if the Buyer insists on sending the notice of withdrawal by post instead of e-mail, it is not the address for returning the goods. The address for returning the goods will be communicated to you by our customer service.

Buyer
Name, surname:
Address:

The Buyer hereby notifies the Seller that he is withdrawing from the purchase contract for these goods:

_______________________________________________________________________________

Date of receipt of goods:

Order number:

Date: Buyer's Signature