BRAWO Life s.r.o.
Školská 694/32,
Nové Město, 110 00 Praha 1
Česká republika
IČ: 04392744

contact details:
e-mail: bali@brawolife.cz
web: brawolife.cz

(hereinafter referred to as the „Seller„)

2. These terms and conditions regulate the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside his business activity as a consumer or within his business activity (hereinafter referred to as the “ seller „) through the web interface located on the website available at the internet address brawolife.cz (hereinafter referred to as the “ online store „).

3. The provisions of the terms and conditions are an integral part of the purchase contract. Any deviating provisions in the Purchase Contract shall prevail over the provisions of these Terms and Conditions.

4. These Terms and Conditions and the Purchase Contract are concluded in the Czech language.

1. Information about the goods, including the prices of the individual goods and their main features, is given for each item in the catalogue of the online store. The prices of the goods are inclusive of value added tax, all related charges and the cost of returning the goods if they cannot, by their nature, be returned by normal postal means. The prices of the goods remain valid for the period of time they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.

2. All presentation of goods placed in the catalogue of the online store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

3. Information on the costs associated with the packaging and delivery of goods is published in the online shop. The information on the costs associated with the packaging and delivery of goods listed in the online shop is valid only in cases where the goods are delivered within the territory of the Czech and Slovak Republics.

4. Any discounts on the purchase price of the goods cannot be combined unless the Seller and the Buyer agree otherwise.

III. Order and conclusion of the purchase contract

1. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself. These costs do not differ from the basic rate.

2. The buyer orders the goods in the following ways:

• via your customer account if you have previously registered with the online shop,
• by filling in the order form without registration.

3. When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.

4. Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The Buyer sends the order to the Seller by clicking on the SEND ORDER button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer’s confirmation that he has read these terms and conditions.

5. Immediately upon receipt of the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when ordering. This confirmation shall be deemed to be the conclusion of the contract. The confirmation shall be accompanied by the Seller’s current terms and conditions. The purchase contract is concluded by the confirmation of the order by the Seller to the Buyer’s e-mail address.

6. In the event that any of the requirements specified in the order cannot be fulfilled, the Seller will send the Buyer an amended offer to his e-mail address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer’s confirmation of acceptance of this offer to the Seller at his e-mail address specified in these Terms and Conditions.

7. All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by calling the telephone number or email of the Seller set out in these Terms and Conditions.

8. If there is an obvious technical error on the part of the Seller when indicating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously incorrect price. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to his e-mail address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller’s e-mail address.

IV. Customer account

1. Based on the buyer’s registration made in the online shop, the buyer can access his customer account. From his/her customer account, the buyer can order goods. The Buyer can also order goods without registration.

2. When registering for a customer account and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the customer account and when ordering goods is considered correct by the Seller.

3. Access to the customer account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer account by third parties.

4. The buyer is not entitled to allow third parties to use the customer account.

5. The Seller may cancel the user account, especially if the Buyer no longer uses his/her user account or if the Buyer violates his/her obligations under the Purchase Agreement or these Terms and Conditions.

6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

V. Payment terms and delivery of goods

1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

• cashless transfer to the seller’s bank account no. 2400858697/2010, kept at Fio banka,
• by wire transfer to the Seller’s account via the ComGate payment gateway,
• by wire transfer to the Seller’s account via the PayPal payment gateway.

2.Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the goods.

3. In case of non-cash payment, the purchase price is payable within 7 days from the conclusion of the purchase contract.

4. In the case of payment through a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.5. V případě bezhotovostní platby je závazek kupujícího uhradit kupní cenu splněn okamžikem připsání příslušné částky na bankovní účet prodávajícího.

6. The Seller does not require any deposit or other similar payment from the Buyer in advance. Payment of the purchase price before shipment of the goods is not a deposit.

7. According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online, in case of a technical failure within 48 hours at the latest.

8. The goods are delivered to the buyer:

• to the address specified by the buyer in the order.

9. The choice of delivery method is made during the ordering process.

10. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

11. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier.

13. The Seller shall issue a tax document – invoice to the Buyer. The tax document is sent to the buyer’s e-mail address.

14. The buyer acquires ownership of the goods by paying the full purchase price for the goods including delivery costs, but not before taking delivery of the goods.

15. Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of acceptance of the goods or at the moment when the buyer was obliged to accept the goods but failed to do so in violation of the purchase contract.

VI. Withdrawal from the contract

1. A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.

2. The withdrawal period is 14 days

• from the date of receipt of the goods,
• from the date of acceptance of the last delivery of goods if the subject of the contract is several types of goods or the delivery of several parts,
• from the date of acceptance of the first delivery of the goods, if the subject of the contract is a regular recurring delivery of goods.

3. The buyer cannot, inter alia, withdraw from the purchase contract

• when purchasing an online product (e-books),
• on the delivery of goods that have been modified according to the wishes of the buyer or for his person,
• the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
• delivery of goods in closed packaging, which the buyer has removed from the packaging and cannot be returned for hygienic reasons,
• in other cases specified in § 1837 of the Civil Code.

4. In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.

5. The buyer sends the withdrawal from the purchase contract to the following e-mail address bali@brawolife.cz, stating the name of the goods purchased, the date of ordering and the date of receipt, your name, surname and address. The Seller shall promptly acknowledge receipt of the e-mail to the Buyer.

6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.

7. If the Buyer withdraws from the contract, the Seller shall return to the Buyer without delay, but no later than 14 days after the withdrawal from the contract, the funds in the amount of the purchased products received from the Buyer in the same manner. The Seller shall only return the funds received to the Buyer in another way if the Buyer agrees to this and if no additional costs are incurred. The refund does not apply to the cost of delivery of the goods paid by the Buyer at the time of ordering.

8. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer delivers the goods to him or proves that he has sent the goods to the seller.

9. The Buyer must return the goods to the Seller undamaged, unworn and unpolluted and, if possible, in their original packaging. The Seller shall be entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.

10. The Seller is entitled to withdraw from the Purchase Contract due to the sale of stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued production or import of the goods. The Seller shall promptly inform the Buyer via the e-mail address specified in the order and return all monies, including delivery costs, received from the Buyer under the contract within 14 days of notification of withdrawal from the contract, in the same manner or in the manner specified by the Buyer.

VII. Rights from defective performance

The buyer has the choice of how to make a claim.The Seller shall promptly acknowledge receipt of the e-mail to the Buyer.

1. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods

• the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer having regard to
• on the nature of the goods and on the basis of the advertising carried out by them,
• the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,
• the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
• the goods are in the appropriate quantity, measure or weight; and
• the goods comply with the legal requirements.

2. The seller has obligations from defective performance at least to the extent that the manufacturer’s obligations from defective performance continue. The buyer is otherwise entitled to exercise the right of defect within the time period specified below:

• If you are a consumer, a period of two (2) years from the date of receipt of the goods by the customer shall apply to claims for defective performance for all other products supplied.

3.If the goods sold, their packaging, the instructions accompanying the goods or the advertisement state the period of time for which the goods may be used in accordance with other legislation, the provisions on the guarantee of quality shall apply. By guaranteeing the quality, the seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time. If the buyer has rightly accused the seller of a defect in the goods, the time limit for exercising rights under the defective performance and the warranty period shall not run for the period during which the buyer cannot use the defective goods.

4. The provisions referred to in the preceding paragraph of the terms and conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this results from the nature of the goods. The buyer is not entitled to the right of defective performance if he knew before taking over the goods that they were defective or if the buyer himself caused the defect.

5. In the event of a defect, the buyer may submit a claim to the seller and demand

• exchange for new items,
• a reasonable discount on the purchase price,
• withdrawal from the contract.

6. The buyer has the right to withdraw from the contract,

• if the goods have a material defect,
• in case of a large number of defects in the goods.

7. A material breach is a breach of contract of which the breaching party already knew or must have known at the time of entering into the contract that the other party would not have entered into the contract if it had foreseen the breach.

8. In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or irremovable), the buyer is entitled to the removal of the defect or a reasonable discount on the purchase price.

9. When making a claim, the buyer is obliged to tell the seller what right he has chosen. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.

10. If replacement of the goods is not possible, the buyer may demand a full refund of the purchase price upon withdrawal from the contract.

11. If the seller proves that the buyer knew about the defect of the goods before acceptance or caused it himself, the seller is not obliged to satisfy the buyer’s claim.

12. The buyer cannot claim discounted goods for the reason for which the goods are discounted.

13. Claims for defective performance cannot be asserted if:

• damage as a result of intentional, attributable or negligent conduct of the client or a third party;
• improper use or improper maintenance;
• normal wear and tear; or
• damage to the product due to failure to follow the instructions for use.

14. To make a complaint, the buyer can use claim form, which, when completed, will be sent to the e-mail address bali@brawolife.cz. The Seller shall promptly acknowledge receipt of the e-mail to the Buyer.

15. The Seller or an employee authorised by him will decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, within 30 days of the date of the complaint, unless the seller and the buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment when the Buyer’s expression of will (exercise of the right from defective performance) reaches the Seller shall be considered as the moment when the claim is made.

16. The Seller shall inform the Buyer in writing of the outcome of the complaint.

17. The right of defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing has a defect or if the buyer himself caused the defect.

18. In the event of a legitimate claim, the buyer is entitled to compensation for reasonable costs incurred in connection with the claim. The buyer may claim this right from the seller within one month after the expiry of the warranty period, otherwise the court may not grant it. Any costs incurred as a result of unsuccessful claims shall then be borne by the buyer.

19. The buyer has the choice of how to make a claim.

20. The rights and obligations of the contracting parties with respect to rights arising from defective performance are governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other via electronic mail.

2. The Buyer shall deliver correspondence to the Seller at the e-mail address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer’s customer account or order.

3. Address for sending complaints and service: Minyx, s.r.o., Rakvicka 862/2, Podivin, 691 45.

IX. Personal data

1. All information provided by the Buyer in working with the Seller is confidential and will be treated as such. Unless the Buyer gives the Seller written permission, the Seller will not use the Buyer’s information other than for the purpose of performing the contract, except for the email address to which commercial communications may be sent, as this practice is permitted by law, unless expressly refused. These communications may only relate to similar or related goods and may be opted out of at any time by simple means (by sending a letter, email or by clicking on a link in the commercial communication). The e-mail address will be kept for this purpose for 3 years after the last contract between the parties has been concluded.

2. More detailed information on data protection can be found in the Privacy Policy HERE.

IX. Out-of-court settlement of disputes

1. The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection with its 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 the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.

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

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. Among other things, the Czech Trade Inspection supervises compliance with Act No. 634/1992 Coll., on consumer protection, within a defined scope.

X. Final Provisions

1. All arrangements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.

2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.

3. All rights to the Seller’s website, in particular the copyright in the content, including the page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.

4. The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such a way that would be contrary to its purpose or purpose.

5. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

7. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.

8. A sample form for withdrawing from the contract is attached to the terms and conditions.

These terms and conditions take effect on 1 November 2020