Business terms and conditions

Terms and Conditions

1. Introductory Provisions

1.1 These terms and conditions specify and detail the rights and obligations of the seller, who is the owner and operator of the online store www.soma.vision, Aether Phungi, s.r.o., with its registered office at Nové sady 988/2, Staré Brno, 602 00 Brno, ID No. 19675739, registered in the Commercial Register under file No. C135443/KSBR at the Regional Court in Brno (hereinafter referred to as "the seller"), and the buyer in the sale of dietary supplements (hereinafter referred to as "the goods"). We are VAT payers, VAT ID CZ19675739.

1.2 All contractual relationships are concluded in accordance with and governed by the legal system of the Czech Republic. Relationships not regulated by these terms and conditions are governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code"). If the buyer is a consumer, relationships regulated or not regulated by these terms and conditions are also governed by Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as "Consumer Protection Act"). A consumer is any natural person who, outside the scope of their business activity or independent exercise of their profession, enters into a contract or otherwise deals with an entrepreneur.

1.3 For the purpose of fulfilling this contract, the seller will process certain personal data that may be associated with you (e.g., name and address). You can find more about our personal data processing in the Privacy Protection section.

1.4 The term "goods" refers to the quantity of the natural nutritional supplement "SOMA" chosen by the buyer in the order unless otherwise specified in the terms and conditions. A more detailed description of the goods is provided on the e-shop. The buyer should familiarize themselves with the instructions and recommendations in the product information if it concerns the SOMA dietary supplement.

1. Conclusion of the Contract

2.1 By placing an order for goods through the online store www.soma.vision, the buyer orders the goods within the time frame and price specified in the order of the electronic store.

2.2 The seller agrees to deliver the goods to the buyer, and the buyer agrees to pay the agreed price for the delivered goods under the conditions set out in these terms and conditions.

1. Ordering Goods and Concluding the Contract in the Online Store www.soma.vision

3.1 To place a valid order in the online store www.soma.vision, it is necessary to complete all the required information and details indicated in the order form.

3.2 The buyer creates an order in the online store www.soma.vision by selecting the goods they wish to purchase (according to their preferences) through the "Add to Cart" button. Information about the price of the selected goods, the total price for the ordered goods, the shipping cost, the payment method, and the requested method of delivery will be entered during the order proposal creation. The price information, shipping cost, and total price will be automatically displayed in the order summary based on the chosen goods and delivery method to the buyer.

The buyer is entitled to review and modify the entered data before final confirmation of the order and to check and correct any errors. If the buyer agrees with the order's content, the order will be conclusively sent for processing by clicking the "Order Confirming Payment Obligation" button. This submission is binding. By confirming the order, the buyer also confirms their agreement with these terms and conditions and with the price for the ordered goods, including shipping costs, valid at the time of placing and sending the order. The seller will send an email to the address provided in the order with acceptance of the order.

3.3 Once the buyer receives the confirmation email from the seller, the offer to the seller for the ordered goods, including the price specified in the order, is binding until the goods are delivered to the buyer. The buyer's order is considered a proposal for a purchase agreement under § 1732 of the Civil Code, and the purchase agreement is concluded only upon receipt of the confirmation email from the seller to the buyer. The seller is obliged to send this confirmation to the buyer promptly after receiving the order. From this moment, mutual rights and obligations arise between the buyer and the seller as defined by the purchase agreement according to these terms and conditions.

3.4 The seller reserves the right not to accept the buyer's order in the event of an apparent error regarding the price, description, or image of the goods displayed on the seller's website, at any stage of processing the order. The buyer must be immediately informed of this.

3.5 The purchase agreement is concluded in the Czech language.

1. Price of Goods, Payment Terms, and Delivery of Goods

4.1 The price of the goods is determined as contractual under Act No. 526/1990 Coll., on Prices, as amended, and is stated as the final price, including VAT.

4.2 Payment of the purchase price (including shipping costs) can be made using one of the methods specified in the e-shop. These methods may vary depending on the country to which the goods are to be delivered.

4.3 The goods are shipped to the buyer's address provided in the order by the seller's contractual carriers specified in the order form. If the buyer does not accept the goods upon delivery, the seller is entitled to demand compensation from the buyer for storage costs and is entitled to withdraw from the purchase agreement. The costs of postage and packaging and delivery methods are listed below.

4.4 The buyer acquires ownership of the goods only upon full payment of the purchase price in accordance with § 2132 of the Civil Code.

4.5 The prices of the goods are valid until changed. Notification of a price change will be sent to the buyer in advance of the changes taking effect. Initial offers cannot be unfairly abused by frequent and repeated ordering/cancellation.

4.6 The invoice issued based on the purchase agreement by the seller to the buyer also serves as a tax document; it will be issued and sent to the buyer electronically to the email address provided.

4.7 The delivery time stated in the online store www.soma.vision is indicative and may differ from the actual delivery time. The time may be extended due to reasons on the part of the carrier. If the seller cannot deliver the goods to the buyer within 30 days from the expiry of the delivery period stated in the order confirmation for any reason, either party may withdraw from the purchase agreement.

4.8 Upon receipt of the goods, the buyer is obligated to inspect the integrity of the packaging and report any defects to the carrier and/or seller immediately. If there is a defect in the packaging indicating unauthorized tampering or access to the shipment, the buyer is not obliged to accept the damaged goods.

1. Withdrawal from the Contract

5.1 A buyer who is a consumer has the right to withdraw from the contract without stating a reason within 14 days from the receipt of the goods by the buyer or a person designated by them (other than the carrier). Withdrawal is not possible for purchase agreements for reasons specified in § 1837(g) of Act No. 89/2012 Coll. of the Civil Code. For the avoidance of doubt, the goods must be returned in an undamaged protective packaging; otherwise, the withdrawal will not be valid.

5.2 Withdrawal must be made so that the buyer-consumer demonstrably sends a notice of withdrawal to the seller within 14 days according to the previous paragraph, either by email to info@soma.vision or in writing to the seller's mailing address: Aether Phungi, s.r.o., Zeiberlichova 53, 644 00, Brno, including the order number and, if applicable, the bank account number to which the amount for the returned goods will be credited. To expedite the return of the purchase price, the seller recommends that the buyer send or deliver the goods without undue delay after sending the withdrawal notice, no later than 14 days from the withdrawal, either by physical delivery or by sending to the above address of the seller (not COD). The costs associated with the return of the goods due to withdrawal according to this article are borne by the buyer-consumer.

5.3 The seller will, without undue delay, but no later than 14 days from the date of the buyer-consumer's withdrawal from the contract, refund the paid purchase price for the goods as requested by the buyer-consumer, either by sending money to the buyer's address or by transferring to the buyer's account (in the event of withdrawal from the contract, the buyer specifies how they wish to receive the refund). The seller is not obligated to return the received purchase price before the buyer-consumer returns the goods or proves that the goods have been sent to the seller.

5.4 As soon as the seller receives the returned goods, they are obliged to inspect and examine them immediately. The consumer is responsible for any reduction in the value of the goods resulting from handling the goods in a way other than necessary to ascertain their nature and characteristics or if the goods are not returned in a complete state; the seller is entitled to claim compensation from the buyer for the reduction in value of the returned goods. This compensation does not affect the consumer's right to withdraw from the contract without any penalty. The seller reserves the right to offset this compensation for the reduction in value of the returned goods against the purchase price to be refunded.

5.5 The seller is entitled to withdraw from the contract at any time before the goods are delivered to the buyer if:

• There are objective reasons why the goods cannot be delivered (especially reasons on the part of third parties or reasons related to the nature of the goods).
• The buyer provided intentionally incorrect information in the order.
• The buyer is purchasing goods as part of their business activity, i.e., as  a legal person or natural person-businessman.
• The goods have been specifically adjusted or manufactured based on the buyer's wishes.
• The buyer has previously breached a contract with the seller.

5.6 If the buyer is a consumer, they are entitled to withdraw from the contract even if the goods have been delivered to them. However, this withdrawal is subject to the terms specified in this article and the previous one.

1. Liability for Defects and Warranty

6.1 The seller is liable for defects in the goods upon delivery and provides a warranty for the quality of the goods in accordance with applicable laws. For the buyer who is a consumer, the warranty period is 24 months from the date of receipt of the goods.

6.2 If the buyer finds defects in the goods, they are entitled to assert their rights under Act No. 89/2012 Coll., the Civil Code, on defects in the goods. The seller is obliged to replace the defective goods, repair them, or provide a refund to the buyer, based on the buyer's request.

6.3 The seller is not liable for defects in the goods that arise after the buyer's receipt due to damage caused by the buyer's handling or use of the goods, or due to other causes not attributable to the seller.

1. Dispute Resolution

7.1 Any disputes arising between the seller and the buyer that cannot be resolved by mutual agreement may be submitted for resolution to the competent court according to applicable laws.

7.2 If the buyer is a consumer and the dispute cannot be resolved by mutual agreement, the consumer may file a complaint with the Czech Trade Inspection Authority (Česká obchodní inspekce) or other competent authority for alternative dispute resolution in consumer disputes.

1. Final Provisions

8.1 These terms and conditions are effective as of the date of publication on the website www.soma.vision. The seller reserves the right to change or amend these terms and conditions, with any such changes taking effect upon publication on the website.

8.2 The buyer acknowledges that by placing an order in the online store, they agree to these terms and conditions and confirm their understanding of them.

8.3 If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision will be replaced by a provision that best reflects the intent of the invalid provision.