Terms & Conditions

TERMS AND CONDITIONS

These general terms and conditions (“Terms”) regulate the rights and obligations of you as a buyer and us as a seller in contractual relationships concluded through the E-shop on the website www.enisay.eu. All information regarding the processing of your personal data is contained in the Privacy Policy, which can be found here https://enisay.eu/cs/privacy-policy/. As you are aware, we primarily communicate remotely. Therefore, our Agreement is also subject to the use of remote communication methods, which enable us to reach an agreement without our simultaneous physical presence. If any part of these Terms contradicts what we have agreed upon during the process of your purchase on our E-shop, this specific agreement shall prevail over the Terms.

1. SOME DEFINITIONS

Price is the financial amount that you will pay for the Goods;
Shipping cost is the financial amount that you will pay for the delivery of the Goods, including the cost of packaging;
Total price is the sum of the Price and Shipping cost;
VAT is the value-added tax according to applicable legal regulations;
E-shop is an online store operated by Us at the address www.enisay.eu, where the purchase of Goods will take place;
Invoice is a tax document issued in accordance with the Value Added Tax Act on the Total price;
We are MATE PLANET EUROPE s.r.o., with registered office in Prague, Ohradní 1439/61A, Michle (Prague 4), IČ: 10685791, registered in the Commercial Register under file no. C 164461/MSPH, kept by the Municipal Court in Prague, email info(@)yerbamate.eu, phone number +420 775 570 229, referred to as the seller under legal regulations;
Order is your irrevocable proposal for concluding a Purchase Agreement of Goods with Us;
Purchase Agreement is a sales contract concluded based on a properly filled-in Order sent through the E-shop, and is concluded at the moment when you receive the Order confirmation from Us;
User account is an account created based on the information provided by you, which allows you to store entered information and to keep a history of ordered Goods and concluded Agreements;
You are a person making a purchase on Our E-shop, referred to as the buyer under legal regulations;
Goods are everything that you can purchase on the E-shop. General provisions and instructions Purchase of Goods is only possible through the web interface of the E-shop. When purchasing Goods, it is your obligation to provide Us with all information correctly and truthfully. The information you provided to Us when ordering the Goods will be considered correct and truthful.

2. GENERAL PROVISIONS AND INSTRUCTIONS

The purchase of Goods is only possible through the web interface of the E-shop. When purchasing Goods, it is your obligation to provide us with all information correctly and truthfully. The information you provided us when ordering the Goods will therefore be considered correct and truthful.

3. CONCLUSION OF CONTRACT

The contract can be concluded in Czech, English, German, French. The contract is concluded remotely through the E-shop, with the costs of using remote communication tools being borne by you. However, these costs do not differ in any way from the basic rate you pay for using these tools (in particular for access to the Internet), so you do not need to expect any additional costs charged by us beyond the Total price. By submitting the Order, you agree that we use remote communication tools.

To conclude the contract, you must create a proposal for the Order on the E-shop. This proposal must include the following information:

• Information about the purchased Goods (you designate the Goods you are interested in purchasing on the E-shop by clicking the “Add to Cart” button);
• Information about the Price, Shipping Price, Payment method, Total price, and the requested method of delivery of the Goods; this information will be entered during the creation of the Order proposal within the user interface of the E-shop, with information about the Price, Shipping Price, and Total price being automatically provided based on the Goods you have chosen and the method of its delivery;
• Your identification information used to deliver the Goods, in particular your name, surname, delivery address, telephone number, and e-mail address;

During the creation of the Order proposal, you can change and check the information until it is created. After verifying the information by clicking the “Order” button, you will create the Order. However, before clicking the button, you must confirm your familiarity with and agreement to these Terms; otherwise, it will not be possible to create the Order. A check box is used for confirmation and agreement.

After clicking the “Order” button, all filled-in information will be sent directly to us. We will confirm your Order to you as soon as possible after we receive it by sending a message to your e-mail address provided in the Order. The confirmation will include a summary of the Order and these Terms. Confirmation of the Order by us constitutes the conclusion of the contract between us and you. The Terms in effect on the day of the Order constitute an integral part of the Contract.

There may be cases where we will not be able to confirm your order. This is especially true in situations where the goods are not available, or when you order a larger quantity of goods than what we can allow. However, we will always provide information about the maximum number of goods available on our website beforehand, so it should not come as a surprise to you. If there is any reason why we cannot confirm your order, we will contact you and send you an offer to enter into a contract in a modified form compared to your order. The contract is concluded when you confirm our offer.

In the event that an obviously incorrect price is stated on our website or in the order proposal, we are not obligated to deliver the goods to you at that price, even if you have received a confirmation of your order and a contract has been concluded. In such a situation, we will promptly contact you and send you an offer to enter into a new contract in a modified form compared to your order. The new contract is concluded when you confirm our offer. If you do not confirm our offer within 3 days of its dispatch, we are entitled to withdraw from the concluded contract. An obviously incorrect price includes situations where the price does not correspond to the usual price charged by other sellers, or where a digit is missing or there is an extra digit.

When a contract is concluded, you are obliged to pay the total price.

If you have a user account, you can place an order through it. However, you still have an obligation to verify the correctness, truthfulness, and completeness of the pre-filled information. The method of placing an order is identical to that of a buyer without a user account, but the advantage is that you do not need to repeatedly enter your identification information.

In some cases, we allow for a discount on the purchase of goods. To receive a discount, you must fill in information about the discount in the designated field within the order proposal. If you do so, you will receive the goods at a discounted price.

4. USER ACCOUNT

Based on your registration within the E-shop, you can access your User account.

When registering for a User account, it is your obligation to provide all requested information correctly and truthfully, and to update it in case of any changes.

Access to the User account is secured by a username and password. It is your obligation to keep these access details confidential and not provide them to anyone. We are not responsible for any misuse of your access details.

The User account is personal, and you are not authorized to allow its use by third parties.

We may cancel your User account, especially if it has not been used for more than 12 months, or if you violate your obligations under the Contract.

The User account may not be available continuously, especially due to necessary maintenance of hardware and software equipment.

5. PRICE AND PAYMENT TERMS, RESERVATION OF OWNERSHIP

The price is always stated within the E-shop, in the Order Proposal, and of course in the Contract. In case of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal will apply, which will always be identical to the price in the Contract. The Order Proposal also specifies the Shipping Fee or conditions under which shipping is free. o The total price is stated including VAT and all charges set by law. o We will request payment of the Total Price from you after the Contract is concluded and before the Goods are handed over. You can pay the Total Price in the following ways:

• Non-cash payment via PayPal.
• Non-cash payment by credit card directly in the Internet store.
• Non-cash payment through Apple Pay or Google Pay payment systems. o The invoice will be issued in electronic form after the Total Price is paid and will be sent to your email address. o The ownership of the Goods passes to you only after you have paid the Total Price and taken possession of the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting our account, and in other cases, it is paid at the time of payment.

6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS

The goods will be delivered to you via the shipping companies Zásilkovna and JAPO.
The goods can be delivered within the European Union.
The delivery time of the goods always depends on its availability and the chosen method of delivery and payment. The estimated delivery time of the goods will be communicated to you in the Order Confirmation. The time indicated on the E-shop is only approximate and may differ from the actual delivery time. In the case of personal pickup at the store, we will always inform you by email about the possibility of picking up the goods.
After taking over the goods from the carrier, it is your obligation to check the integrity of the goods’ packaging and to immediately notify the carrier and us of any defects. If there is any damage to the packaging that indicates unauthorized handling and entry into the shipment, it is not your obligation to accept the goods from the carrier.
If you fail to fulfill your obligation to take over the goods, except in cases under Article 4 of the Terms and Conditions, it does not result in our failure to deliver the goods to you. At the same time, your failure to accept the goods does not constitute a termination of the Agreement between us and you. In such a case, we have the right to withdraw from the Agreement due to your material breach of the Agreement. If we decide to exercise this right, the withdrawal is effective on the day we deliver this withdrawal to you. Termination of the Agreement does not affect the right to payment of the Price for shipping or the right to compensation for damages, if any.
If the goods are repeatedly delivered or in a manner other than agreed in the Agreement due to reasons on your part, it is your obligation to reimburse us for the costs associated with this repeated delivery. We will send you the payment information to pay these costs to your email address provided in the Agreement, and they are due within 14 days of the email delivery.

Danger of damage to the goods passes onto you at the moment you receive it. If you do not take over the goods, except for cases according to Article 4 of the Terms and Conditions, the danger of damage to the goods passes onto you at the moment when you had the opportunity to take over the goods, but for reasons on your side, it did not happen. The transfer of the danger of damage to the goods means that from this moment on, you bear all the consequences associated with the loss, destruction, damage or any depreciation of the goods.

In case the goods were not listed as in stock in the e-shop and an approximate availability time was given, we will always inform you in case of:

• an exceptional production outage of the goods, and we will always inform you about a new expected availability time or information that the goods will not be deliverable;
• delay in delivery of the goods from our supplier, and we will always inform you about a new expected delivery time.

If we are unable to deliver the goods to you even within 30 days after the delivery time of the goods stated in the Order Confirmation has elapsed, for any reason, we and you are entitled to withdraw from the contract.

7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

We guarantee that at the time of the transfer of risk of damage to the Goods under Article 7 of the Terms and Conditions, the Goods are free from defects, in particular:

1. They possess the qualities that we agreed with you, and if not expressly agreed, then those qualities that we have specified in the description of the Goods, or those that can be expected given the nature of the Goods;
2. They are suitable for the purposes we have indicated, or for purposes that are usual for goods of this type;
3. They conform to the quality or performance of the agreed sample, if the quality or performance was determined according to a sample;
4. They are in the appropriate quantity and weight;
5. They meet the legal requirements placed upon them;
6. They are not encumbered by the rights of third parties.

If the Goods have a defect, particularly if one of the conditions under Article 1 is not fulfilled, you may notify us of the defect and exercise your rights arising from defective performance (i.e., make a complaint about the Goods) by sending an email or letter to our addresses listed in our identification details.

When exercising your rights arising from defective performance, you must choose how you wish to resolve the defect, and you may not subsequently, except in cases under Article 7.3, change this choice without our consent. We will handle your complaint in accordance with the right to defective performance that you have exercised. If you do not choose a way to resolve the defect, you have the rights specified in Article 7.4 even in situations where defective performance was a substantial breach of the Contract.

If defective performance constitutes a substantial breach of the Contract, you have the following rights:

1. To remove the defect by delivering new Goods that are free of defects, or by delivering the missing part of the Goods;
2. To remove the defect by repairing the Goods;
3. To receive an appropriate price reduction;
4. To withdraw from the Contract.

In case you choose to resolve the issue according to points a) or b) and we do not remedy the defect within a reasonable period of time that we have indicated, or we inform you that we will not remedy the defect in this way at all, you have the rights according to points c) and d), even if you did not originally request them within your complaint. Also, if you choose to have the defect removed by repairing the Goods and we find that the defect is irreparable, we will inform you and you can choose another way to have the defect removed.

If the defective performance is an immaterial breach of the Contract, you have the following rights:

1. to have the defect removed by delivering new Goods without defect, or by delivering the missing part of the Goods;
2. to have the defect removed by repairing the Goods;
3. to a reasonable discount from the Price.

However, if we do not remedy the defect in time or refuse to remedy the defect, you have the right to withdraw from the Contract. You can also withdraw in case you cannot use the Goods properly due to repeated occurrence of defects after repairing the Goods or due to a larger number of defects in the Goods.

In case of both material and immaterial breaches, you cannot withdraw from the Contract, nor can you request delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:

1. if there has been a change in the condition of the Goods as a result of an inspection to determine the defect;
2. if the Goods have been used before the defect was discovered;
3. if the inability to return the Goods in an unchanged condition was not caused by your actions or omissions,
4. if you sold, consumed, or modified the Goods before the defect was discovered; however, if this was only done partially, it is your obligation to return the part of the Goods that can be returned, and in such a case, you will not be refunded the part of the Price corresponding to your benefit from using the part of the Goods.

Within three days of receiving a complaint, we will confirm receipt of the complaint, when we received it, and the expected time to resolve the complaint to your email address. We will process the complaint without undue delay, but no later than 30 days from receipt. The deadline may be extended by mutual agreement. If the deadline passes without resolution, you may withdraw from the contract.
We will inform you by email of the outcome of the complaint. If the complaint is justified, you are entitled to reimbursement of reasonably incurred expenses. You must provide proof of these expenses, such as receipts or transportation cost confirmations. If the defect is remedied by delivering new Goods, it is your responsibility to return the original Goods to us, but we will cover the costs of this return.
The rights arising from defective performance and complaint action are governed by Section 1810 et seq., Section 1820 et seq., and Section 2099 et seq. of the Civil Code and the Consumer Protection Act.
If you are a business owner, it is your responsibility to report and point out a defect without undue delay, as soon as you could have discovered it, but no later than three days after receiving the Goods.
If you are a consumer, you have the right to enforce the rights arising from defective performance for defects that occur in consumer Goods within 24 months of receipt of the Goods.
The provisions regarding the right to defects shall not apply in the following cases:

1. Goods sold at a lower price for defects for which a lower price was agreed;
2. Wear and tear caused by normal use of the Goods;
3. Used Goods with defects corresponding to the degree of use or wear that the Goods had when you received them;
4. When it arises from the nature of the Goods.

8. TERMINATION OF THE CONTRACT

а. Termination of the Contract, i.e. termination of the contractual relationship between Us and You from its beginning, may occur for reasons and in ways stated in this article or in other provisions of the Terms, where the possibility of termination is expressly stated.
b. If You are a consumer, i.e. a person purchasing Goods outside of Your business activity, You have the right to withdraw from the Contract without giving a reason within a period of 14 days from the date of delivery of the Goods, in accordance with section 1829 of the Civil Code. If We have entered into a Contract for several types of Goods or the delivery of several parts of Goods, this period begins to run from the day of delivery of the last part of the Goods. If We have entered into a Contract under which We will deliver Goods to You regularly and repeatedly, this period begins to run from the day of delivery of the first delivery. You can withdraw from the Contract in any demonstrable way (in particular by sending an email or letter to Our addresses indicated in Our identification information).
c. However, even as a consumer, You cannot withdraw from the Contract in cases where the subject of the Contract is:

1. Goods whose price depends on fluctuations in financial markets beyond Our control and which may occur during the withdrawal period;
2. delivery of alcoholic beverages which can only be delivered after thirty days and whose price depends on fluctuations in financial markets beyond Our control;
3. Goods which have been adapted to Your request or for Your person;
4. Goods subject to rapid decay and Goods which have been irreversibly mixed with other goods after delivery;
5. Goods in closed packaging which have been removed from the packaging and cannot be returned for hygienic reasons;
6. delivery of audio or video recordings or computer programs if the original packaging has been violated;
7. delivery of newspapers, periodicals, or magazines;
8. delivery of digital content if it has not been delivered on a tangible medium and has been delivered with Your prior express consent before the withdrawal period has expired, and We have informed You that You do not have the right to withdraw from the Contract.

9. DISPUTE RESOLUTION WITH CONSUMERS

If you are a consumer, according to the Consumer Protection Act, you have the right to out-of-court settlement of a consumer dispute arising from the Contract. In such a case, you are entitled to contact the Czech Trade Inspection, Central Inspectorate – ADR Department, Stepanska 15, 120 00 Prague 2, email: adr@coi.cz, web: adr.coi.cz. Out-of-court settlement of a consumer dispute is initiated exclusively at your request, if the dispute could not be resolved directly with us. The proposal can be submitted no later than 1 year from the day you first asserted your right, which is the subject of the dispute, with us.

You also have the right to initiate out-of-court dispute resolution online via the ODR platform available on the website ec.europa.eu/consumers/odr/.

10. FINAL PROVISIONS

If our legal relationship with you involves an international element (i.e., we will be shipping goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights under legal regulations are not affected by this agreement.
All written correspondence will be delivered to you by email. Our email address is stated in our identification data. We will deliver correspondence to your email address specified in the Contract, User Account, or the one you contacted us through.
The Contract can only be amended by our written agreement. However, we are entitled to change and supplement these Terms, but such a change will not affect contracts that have already been concluded, but only contracts that will be concluded after the effective date of the change. We will inform you of the change at least 14 days before its effectiveness at your email address. If we do not receive a termination of the concluded Contract within 14 days of sending the information about the change, the new terms become part of our Contract and apply to the next delivery of Goods following the effective date of the change. The notice period for termination is 2 months if you decide to terminate the contract.
In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational disruptions, subcontractor failures, etc.), we are not liable for any damage caused as a result of or in connection with force majeure, and if the state of force majeure lasts for more than 10 days, we and you have the right to withdraw from the Contract.
The Contract, including the Terms, is archived in electronic form with us, but is not accessible to you. However, you will always receive these Terms and the Order Confirmation with a summary of the Order by email and will thus always have access to the Contract without our cooperation. We always recommend keeping the Order Confirmation and Terms in your records.

No codes of conduct according to §1826 paragraph 1 letter g) of the Civil Code apply to our activities.

These Terms and Conditions come into effect on February 19, 2023.