TERMS AND CONDITIONS
Welcome to the Energy Czech Republic, a.s. website (the “Site”)
We hope that you enjoy your visit and find that using our website to learn about Energy Czech Republic, a.s. (“Energy”), our dietary supplements, cosmetic products is easy and productive and fun. Before using or registering with the Energy Czech Republic, a.s. (“Energy”) website, please read the following Terms and Conditions ('Terms') carefully. These Terms govern your access to and use of the Energy Czech Republic, a.s. (“Energy”) . Online website and any products, services, software, tools, applications, features or functionality offered or made available on or through the website, including any Energy Czech Republic, a.s. (“Energy”) registered member / registered Pro personal web pages provided through the website, (the 'Site'). Your access to and use of the Sites is expressly conditioned on your acceptance of and compliance with these Terms. By accessing and using our Sites, you expressly consent to these Terms and any violation of these Terms may result in termination of your ability to access and use the Site.
1. Registered member / registered Pro
2. Registration
3. Your Use of the Site
4. Your Submissions
5. Forums
6. Orders
7. Contact
8. Not Healthcare Advice
9. Authority
10. Delivery
11. Payment
12. Acceptance and Inspection of Products
13. General Terms
14. Claims Procedure
1. Registered member / registered Pro
Each registered member / registered Pro shall at all times comply with Energy Czech Republic, a.s. (“Energy”) internal regulations and Energy Czech Republic, a.s.’s trade and pricing policy and guidelines (see Guide).
The registered member / registered Pro hereby agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site and your activities related to being a registered member/registered Pro. The registered member / registered Pro acknowledges and agrees that he/she always acts on his/her own behalf, and nothing herein contained will be construed as creating any relationship of employer/employee, partnership, agency (except to the extent specifically provided herein), joint venture, or otherwise between the parties hereto, nor will this Agreement be construed as conferring on you any express or implied right, power, or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of Energy Czech Republic, a.s.. The registered member / registered Pro is only entitled to sell the products in retail settings and at the then current published prices set by Energy Czech Republic, a.s.. The current published retail prices are listed at www.products.energy. Any sale of products to wholesalers or through e-commerce (e-shop, e-marketing, commercial sharing of products and services, etc.) is subject to prior written notification and permission by Energy Czech Republic, a.s.. All information provided to the customer by the registered member / registered Pro must be in strict accordance with the official Energy Czech Republic, a.s. policy ( see GUIDE ) and its promotional materials. All information and instructions provided to the customer by the registered member / registered Pro shall be in strict accordance with the instructions for use ( www.products.energy - product detail information ) and other information provided by Energy Czech Republic, a.s. in writing (collectively, the “Product Information”); at no time shall you make any statement or claim that deviates from the Product Information.
The registered member / registered Pro shall to sell Energy Czech Republic, a.s. products in the condition in which he/ she received them from Energy Czech Republic, a.s., i.e. you shall not change or modify their packaging, remove or in any way edit the labels placed on them, or change, modify or remove their trade names.
2. Registration
When and if you set up an account with us and register to place orders through the Site you agree to
(a) provide accurate, current and complete information about yourself as prompted by our forms (including your email address),
and
(b) maintain and update your information (including your email address) to keep it accurate, current and complete.
You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Site. Our use and disclosure of any such information that you provide is governed by our Privacy Policy. As part of the account set-up and registration process, you will be be asked to insert your first and last name, that will represent your username. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such username impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3. Your Use of the Site
Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, non-sublicensable, limited right and license to access and use the Site, including any images, text, graphics, sounds, data, links and other materials incorporated into the Site (other than your Submissions, as defined in Section 3 below), solely as made available by us and solely for your own personal purposes. The Site, including all such materials and all intellectual property rights therein, remain the property of Energy Czech Republic, a.s. or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Site without the written consent of Energy Czech Republic, a.s. While using the Site, you agree not to:
• Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
• Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;
• Restrict or inhibit any other user from using the Site, including, without limitation, by means of 'hacking' or defacing any portion of the Site; • Violate any applicable laws or regulations;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Upload to, transmit through, or display on the Site
(a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’ intellectual property or other rights;
(b) any confidential, proprietary or trade secret information of any third party;
or
(c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
• Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site;
• 'Frame' or 'mirror' any portion of the Site, or link to any page of or material on the Site other than the URL located at https://www.products.energy or the URLs provided by us to you for such purposes as part of the Site, without our prior written authorization;
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, 'data mine' or in any way reproduce or circumvent the navigational structure or presentation of the Site; or
• Harvest or collect information about users of the Site without their express consent. We may terminate your access to and use of the Site immediately if you fail to comply with the above rules.
4. Your Submissions
In the event that you post or upload to the Site, or otherwise submit to Energy Czech Republic, a.s. as part of your use of the Site, any materials including, without limitation, photographs and other images, text, graphics, sounds, data, links and other materials (collectively, 'Submissions'), you will retain ownership of such Submissions, and you hereby grant us and our designees a worldwide, non- exclusive, sublicensable (through multiple tiers), assignable, royalty-free, fully paid- up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform such Submissions, in connection with the Site. Except for the foregoing license, we do not claim ownership of any copyright in your Submissions. You represent, warrant and covenant that you own or otherwise possess all necessary rights with respect to your Submissions, and that your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion:
(a) monitor and/or filter any Submissions (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive);
(b) alter, remove, or refuse to send, transmit or otherwise use any Submission (including, without limitation, by suspending the processing and shipping of any order relating to any Submission);
and/or
(c) disclose any Submissions, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the Site;
to protect our affiliates, distributors, partners, licensors, advertisers, sponsors, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose. We recommend that you keep back-up copies of your Submissions on your hard drive or other personal system, as the Site is not intended to be used as a back-up solution for storing your Submissions.
5. Forums
The Site may permit users to share their Submissions with other users, including through our user forums ('Forums'). Some Forum participants may use anonymous screen names and may have no other connection with Energy Czech Republic, a.s.. A large volume of material is available in our Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site by third parties, whether such third parties are users of the Site or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of Energy Czech Republic, a.s.. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums.
6. Orders
The use of benefits and prices for registered clients (member / PRO) is always possible only after logging on to the website www.products.energy , before each purchase.
Each purchase of a registered PRO must always meet the set minimum limit of the purchase value, even after deducting any discount.
The minimum purchase value for 2022 is EUR 199.
By placing an order with Energy Czech Republic, a.s. (“Energy”) for products which are sold on the Site (“Products”) you will be deemed to have read, understood and agreed to these Terms and Conditions (“T&C”). Please read these T&C carefully and, if you are unhappy with any aspect, you should contact our customer service advisors before placing an order with us.
We amend these T&C periodically. Please check the top of this page to see when the T&C were last updated. You should visit this page from time to time to review the current T&C. If any modification is unacceptable to you, your only recourse is to terminate the contract by contacting us.
7. Contact
Eshop infoline:
We will be happy to answer your questions. You can contact us either via email: info@products.energy, or at the phone number: +420 283 853 853, ext. 24
Our representative will be available at the above phone numbers Monday through Friday from 8 AM to 3 PM CET and he/she will immediately attend to your order and answer your questions. To better serve you we recommend that you have your registration number ready (if you are a registered member).
Company’s Headquarters:
ENERGY CZECH REPUBLIC a.s.
Trojská 39/201
171 00 Praha 7
Czech Republic
Company ENERGY CZECH REPUBLIC a.s. is registered at the Commercial Register maintained by the Municipal Court in Prague, Section B, File No. 20404
Company Identification Number: 03737195
Tax ID No.: CZ03737195
Links:
www.products.energy
Energy Eshop
8. Not Healthcare Advice
The Products and claims made about Products on or through the Site have not been evaluated as a medicine and are not approved to diagnose, treat, cure or prevent disease.
The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Information provided on the Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. The Site does not recommend self-management of health issues. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on the Site.
Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.
You should not use the information or services on the Site to diagnose or treat any health issues or for prescription of any medication or other treatment. You should always consult with your healthcare professional and read all information prior to using product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals are different and may react differently to different products. You should consult your physician about interactions between medications you are taking and nutritional supplements. Comments made in any forums on the Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by us or do they represent the our positions or views. Product ratings by any current or previous employees or Site users are strictly their own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional.
9. Authority
By using our Site, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this T&C; otherwise, please exit the Site. The Site is not intended or designed to attract users under the age of 18. We do not collect personal information from any person we know to be under the age of 18. If you are under the age of 18, you are not permitted to disclose or send to us any personal information.
The Site is operated from the Czech Republic and personal information sent to us is governed by the privacy policies of the EU, according to GDPR. We make no representation that the Site or its content (including, without limitation, any products or services available on or through the Site) are appropriate or available for use in other locations.
10. Delivery
Due to unfavourable condition we had to stop delivering our products to the United Kingdom, Ukraine and Russia, until further notice.
Deliveries can be made worldwide. Your order will be delivered to the specified address. However, we are unable to deliver to PO Box addresses. You will be informed about your order shipment from our logistic centre via email. Number of your order will be also included in the e-mail. The orders will be shipped no later than 10 working days of placing the order. The orders are delivered during work days.
Premium delivery – trackable
o Europe – up to 5 working days – 13.80 €
o World – up to 10 working days – 27.80 €
Free delivery – trackable – up to 5 working days – on all orders over 95.00 €
Please be aware that deliveries outside of the Czech Republic may be subject to customs, regulatory or legal restrictions. To comply with local legislation, you or the shipping recipient may be required to pay additional taxes, fees or levies. We are unable to offer any assistance or advice if either issue arises.
Some items cannot be shipped overseas due to legislation that prohibit the transport of goods classified as dangerous. These include all our aerosol products.
All customs procedures and related fees are the customer's responsibility. In case of rejection of the shipment, all fees associated with such shipment will be deducted from the amount for the unclaimed goods.
11. Payment
Payments can be made through the following methods:
- Debit/credit card
- PayPal
12. Acceptance and Inspection of Products
Upon acceptance of Products, make sure to duly inspect packaging intactness, number of parcels and, in case of any defects, immediately inform of such event the parcel delivery service directly.
13. General Terms
GENERAL PROVISIONS
These Commercial Terms of ENERGY CZECH REPUBLIC a.s., a joint-stock company with registered offices at Trojská 39/201, 171 00 Praha 7, Czech Republic, Company ID No. 03737195, Tax ID No. CZ03737195, registered at the Commercial Register maintained by the Municipal Court in Prague, Section B, File No. 20404, govern mutual rights and obligations of parties arising from Purchase Contract between the Seller and another individual via internet shop of the Seller www.products.energy in accordance with Section 1751, Subsection 1 of Act No. 89/2012 Coll., the Civil Code.
These Commercial Terms do not apply when party intending to purchase goods from the Seller is a legal entity or an entity ordering goods for its business purposes or for the purpose of its trade as a sole practitioner.
Business relationship between the Seller and a Buyer who is not a final consumer is governed by individually agreed upon terms. This means that the Seller has the right to unilaterally refuse to enter into a Purchase Contract. The Seller shall inform the Buyer accordingly, in writing to an e-mail address provided in the Buyer’s order.
EXECUTION OF PURCHASE CONTRACT
All presentations of the products placed on the web portal of www.products.energy are informative and the Seller is not obliged to enter into a Purchase Contract specifically related to these products.
Buyer's order made via the internet store www.products.energy or via telephone is a binding proposal of the Buyer to enter into a Purchase Contract with the Seller. The Seller shall immediately acknowledge receipt of the order via email to the email address provided by the Buyer in the order while such confirmation shall not be deemed Seller’s acceptance of the proposal to enter into a Purchase Contract.
The Buyer has the right to cancel the order, i.e. to withdraw his proposal to enter into a Purchase Contract without any penalty, until the moment the products are dispatched. The Buyer shall notify the Seller of the cancelation of order via email or phone.
The Purchase Contract is deemed executed by accepting the proposal to enter into a Purchase Contract by the Seller, when the dispatch of the Seller's goods to the Buyer or Seller’s explicit acceptance by email shall constitute acceptance.
Prices of products and services (such as postage) listed on the web portal are in EUR, including the applicable VAT rate as per current legislation.
The Buyer agrees to use remote means of communication when executing the Purchase Contract. Costs incurred by the Buyer when using remote means of communication in connection with execution of the Purchase Contract (costs of internet connection, telephone calls) are borne solely by the Buyer.
The Purchase Contract is concluded in the English language and is archived by the Seller for the purpose of a proper performance. The contract is not accessible to third parties.
PAYMENT TERMS
The Buyer may pay for the price of the products and any costs associated with the delivery of the products under the Purchase Contract in the following manner:
(a) Electronically: debit/credit card payment
(b) Electronically: via PayPal payment gateway
Seller sends a sales receipt, along with the products to the Buyer; such receipt does not serve as a tax document. The tax document is sent by the Seller only upon Buyer’s written (by e-mail) or phone request.
SHIPPING AND DELIVERY OF PRODUCTS
The cost of shipping and handling is borne by the Buyer according to the method selected when ordering the products. These costs are determined by the prices listed on www.products.energy.
If the Seller is obliged to deliver the products to the premises specified by the buyer in the order, according to the Purchase Contract, the Buyer shall take over the products upon delivery. Upon receipt of the products from the carrier, the buyer is required to inspect intactness of the packaging of the products and, in the event of any defects, to notify the carrier without an undue delay. In the event of a discovery the packaging has been tampered in an unauthorized fashion, the Buyer is not required to accept delivery of the parcel from the carrier.
In the event that, for reasons on the Buyer's end, it is necessary to deliver the products repeatedly or in any other way than stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the products, or the costs associated with a different delivery method.
WITHDRAWAL FROM THE CONTRACT
In accordance with Section 1829 (1) of the Civil Code, the Buyer has the right to withdraw from the Purchase Contract without giving any reason within 14 (fourteen) days of receipt of the goods. Withdrawal from the Contract must be advised to the Seller within this period by email or in writing to the Seller's address.
In case of a withdrawal from the Contract, the Purchase Contract is deemed cancelled from the outset. The products must be returned to the Seller within 14 (fourteen) days of withdrawal by the Buyer. If the Buyer withdraws from the contract, the buyer bears the cost of returning the products (e.g. shipping), even if the products cannot be returned by the regular postal route.
In the event of a withdrawal from the Contract, the Seller shall return the funds received from the Buyer within 14 (fourteen) days of the withdrawal from the Purchase Contract in the same way as he has received such from the Buyer, unless he explicitly agrees with the Buyer on any other way that will not cause the Buyer any additional costs. The Seller is not obliged to return the received funds to the Buyer until the Buyer returns the goods or proves that the goods were sent back to the Seller.
In accordance with Section 1832 of the Civil Code, the Buyer is entitled to a refund of the funds associated with the shipping of products (postage) upon its purchase (not upon its return). This claim, however, only honours the cheapest option offered by the Seller (even if the Buyer chose a more expensive method of shipping when ordering).
The Buyer notes that under Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract and return the products if the consumer has opened the products and thus tampered the originality of the packaging.
The Buyer acknowledges that if the returned products are damaged or worn out, the Seller is entitled to a compensation for the damage caused to the products and is entitled to offset this claim unilaterally against the Buyer's claim for repayment of the purchase price.
If a gift is provided to the Buyer together with the goods, the Gift Contract between the Seller and the Buyer is deemed entered into with the condition that if the Buyer withdraws from the Purchase Contract, the Gift Contract expires and the Buyer is obliged to return the gift provided with the goods to the Seller.
Until an acceptance of the goods by the Buyer, the Seller is entitled to withdraw from the Purchase Contract at any time. In such case, the Buyer shall be informed thereof by the Seller via e-mail, to the address stated in the order, and will refund the Buyer the purchase price, without an undue delay.
RIGHTS FROM DEFFECTIVE PERFORMANCE
The Seller is liable to the Buyer for the products having no defects and that at the time the Buyer has accepted the products:
(a) the products have characteristics which the parties have agreed to and, should such stipulation be missing, the products have properties that the Seller or the manufacturer has described or which the Buyer reasonably expects with regard to the nature of the products and to the advertising by the Seller or the manufacturer thereof;
(b) the products are fit for the purpose the Seller indicates or to which the products of that type are normally used;
(c) the products are in the appropriate quantity, degree or quality;
(d) the products comply with the legal requirements.
The Buyer's right from defective performance is based on a defect which the merchandise carries upon the acceptance by the Buyer. If the defect occurs within six (6) months of receipt, it is assumed that the products were defective already upon acceptance.
If the defective performance is a material breach of contract, the Buyer is entitled to:
(a) remove the defect by supplying a new item without defect or by supplying the missing item;
(b) remedy the defect by repairing the item;
(c) a reasonable discount on the purchase price;
(d) withdrawal from the Contract.
The buyer shall advise the Seller of the rights he elects to exercise upon notifying of the defect, or without an undue delay after the defect is advised. The Buyer may not change such election without the Seller's consent.
Rights from defective performance are claimed by the Buyer at the Seller's address at the registered offices of the company: ENERGY CZECH REPUBLIC a.s., Trojská 39/201, 171 00 Praha 7, Czech Republic.
The moment of exercising the right from a defective performance shall be the moment when the Seller received defective products from the Seller.
The Czech Commercial Inspection, with the registered offices at Štěpánská 567/15, 120 00 Praha 2, Czech Republic, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising out of the Purchase Contract.
PERSONAL DATA PROTECTION
The Seller undertakes that all personal data provided by the Buyer is handled in accordance with the Personal Data Protection Act No. 101/2000 Coll. and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Personal data are for the sole purpose of the Seller and are not provided to third parties except for shippers to whom only the data strictly necessary for the transportation of products to the Buyer are provided.
The Buyer has the right to ask the Seller in writing to change or delete his/her personal data at any time from the Seller's database.
REPORTING DUTY OF THE PAYER
Under the Sales Records Act, the Seller is required to issue a receipt to the Buyer.
14. Claims Procedure
Warranty Period
We provide our customers with a 24-month warranty period if the period, unless a longer period is specified directly on the merchandise.
If the product, its packaging or the use instructions define a period of use, in accordance with special legal regulations, the warranty period will end upon the expiration of such period.
The warranty period commences with the Buyer receiving the delivered products. The warranty period is extended by the time the product was under repair. In the case of replacement of the products for new ones during the warranty period, the warranty period begins to run again at the time of receipt of the new products.
Filing a Claim
Under all circumstances, we try to accommodate our customers. If a consumer discovers a defect in the purchased products during the warranty period, he/she has the right to file a claim with us.
Send the claimed products (if feasible, include a copy of the sales receipt, and possibly a cover letter with a brief description of the defect) to our mailing address.
If you are claiming cosmetic products due to an allergic reaction, please also include the medical report that we need in order to process a claim with our suppliers / manufacturers.
Claims address:
ENERGY CZECH REPUBLIC a.s., Trojská 39/201, 171 00 Praha 7, Czech Republic
To file a claim contact:
Email: info@products.energy
Phone number: +420 283 853 853, ext. 24
We will inform you about the receipt of the claimed products within 2 business days of entering the products into the claim process in the form of a claim report sent to your e-mail address.
Claims Handling Procedure
We will resolve the complaint within 30 days of receipt of the products claimed. In the event that your claim is not settled within this period, we will replace your products with a new one or refund your money at your request.
The customer is informed about the way the claim is processed by e-mail in the form of a record in the claim report.
If you have any questions or comments regarding these Terms, please contact us at info@products.energy.
Updated 2021/06/15