Terms and Conditions

Terms and Conditions of NOMINAL27 s.r.o. for Purchasing Goods on the Online Store https://crunchyfreeze.com/

I.

The purpose of these terms and conditions of NOMINAL27 s.r.o., in accordance with the provisions of Act No. 89/2012 Coll., Civil Code, is to regulate the relationships between the parties to the purchase contract, where the seller is NOMINAL27 s.r.o., ID: 25825577, VAT ID: CZ25825577, with its registered office at Jugoslávských partyzánů 1088/17, registered in the Commercial Register under file number C 300905/MSPH Municipal Court in Prague, and the buyer, who may be another legal entity or a natural person, potentially also in the position of a consumer.

According to the provisions of §419 of the Civil Code, a consumer is any person who, outside the scope of their business activity or outside the scope of their independent exercise of their profession, enters into a contract with an entrepreneur or otherwise deals with them. The legal relationships between the seller and the buyer are governed by these terms and conditions, the provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "the Civil Code"), and if the buyer is a consumer, also by the provisions of Act No. 634/1992 Coll., on Consumer Protection, as amended.

By sending their order, the buyer confirms that they have read and agree without reservation with the terms and conditions of NOMINAL27 s.r.o., the complaint procedure, delivery terms, and information on personal data protection (GDPR).

II. Moment of Conclusion of the Purchase Contract

The purchase contract for goods offered on the online store crunchyfreeze.com is concluded at the moment when the seller confirms the buyer's order and specifies the delivery date of the goods. This does not include an automated email or SMS summarizing the buyer's order. If the seller cannot deliver the ordered goods within seven working days, they will notify the buyer and propose a later delivery date or an alternative product. The purchase contract in this case is concluded based on the buyer's acceptance of this proposal. Adding goods to the electronic cart and subsequently sending the order is considered a proposal to conclude a contract addressed to the seller.

III. Costs of Concluding the Contract

The costs of using remote communication means (telephone, internet, etc.) to place an order are at the usual rate, depending on the tariff of the telecommunication services used by the buyer.

IV. Price of Goods

The prices on the online store crunchyfreeze.com are always current and valid. Prices are final, including VAT and any other taxes and fees the buyer must pay to obtain the goods, excluding any shipping fees according to the current shipping price list. Promotional prices are valid until stocks last or for the specified period. The buyer receives the ordered goods at the price valid at the time of ordering. Before placing an order, the buyer has the opportunity to become familiar with the total price, including VAT and other charges.

V. Withdrawal from the Contract

In the case of a purchase contract concluded via remote communication means (electronic or telephone order) and the buyer is a consumer, they have the right to withdraw from this contract without giving any reason within fourteen days. The fourteen-day withdrawal period starts from the day following the day when the buyer or a third person designated by them (not the carrier contracted by the seller) takes over the goods.

For contracts concerning various goods ordered by the consumer in one order and delivered separately, the withdrawal period starts from the day when the buyer or a third person designated by them (not the carrier contracted by the seller) takes over the last delivery of the goods.

For contracts concerning the delivery of goods consisting of several items or parts, the withdrawal period starts from the day when the buyer or a third person designated by them (not the carrier contracted by the seller) takes over the last item or part of the goods.

For contracts on regular delivery of goods over a set period, the withdrawal period starts from the day when the buyer or a third person designated by them (not the carrier contracted by the seller) takes over the first delivery of goods.

In other cases, the withdrawal period starts from the day the purchase contract is concluded.

To exercise the right to withdraw from the contract, the buyer must inform NOMINAL27 s.r.o., ID: 25825577, address Bříza 117, 413 01 Bříza, crunchyfreeze.com, info@crunchyfreeze.com, through an unequivocal statement (e.g., a letter sent by postal service, fax, or email). The buyer may use the standard withdrawal form sent with the order confirmation or available for download on www.crunchyfreeze.com. The use of the standard form is not a condition for withdrawal.

If the buyer exercises their right to withdraw from the contract, the withdrawal period is considered maintained if they send the notification of withdrawal to NOMINAL27 s.r.o. within this period.

In the event of withdrawal from the contract, NOMINAL27 s.r.o. will return all payments received from the buyer, including delivery costs (except for additional costs resulting from the buyer's chosen delivery method other than the cheapest standard delivery method offered by NOMINAL27 s.r.o.), without undue delay and no later than 14 days from the day they were informed of the buyer's decision to withdraw from the contract. Refunds will be made using the same payment method used by the buyer for the initial transaction, unless the buyer explicitly agrees otherwise.

Upon withdrawal from the contract, the buyer is obliged under §1831(1) of the Civil Code to send or hand over to NOMINAL27 s.r.o. the goods received under the purchase contract without undue delay, no later than fourteen days from the withdrawal. If the buyer does not return the goods received or prove their dispatch to NOMINAL27 s.r.o., the seller is not obliged under §1832(4) of the Civil Code to return the received payments. The cost of returning goods (e.g., postage) upon withdrawal from the contract is borne by the buyer.

The buyer is required to send goods to NOMINAL27 s.r.o., ID: 25825577, Bříza 117, 413 01 Bříza. The buyer can also personally deliver the goods on weekdays from 09:00 to 16:00. The buyer should return the goods complete, with full documentation, undamaged, clean, preferably including the original packaging, in the condition and value in which they received the goods.

Under §1833 of the Civil Code, the consumer is liable to the entrepreneur only for the reduction in the value of the goods resulting from handling them in a way other than necessary to determine their nature and properties.

Section §1837 of the Civil Code stipulates cases where the consumer cannot withdraw from the contract, such as contracts:

• For the delivery of goods modified according to the consumer's wishes or for their person,
• For the delivery of perishable goods, as well as goods irreversibly mixed with other goods after delivery,
• For the delivery of goods in sealed packaging that the consumer has removed and cannot be returned for hygiene reasons.

VI. Rights from Defects of Delivered Goods and Warranty Conditions

Rights from defects are asserted with the seller NOMINAL27 s.r.o., ID: 25825577, VAT ID: CZ25825577, with its registered office at Jugoslávských partyzánů 1088/17, registered in the Commercial Register under file number C 300905/MSPH Municipal Court in Prague. Warranty conditions and the complaint procedure are detailed in the complaint policy of NOMINAL27 s.r.o. The seller's liability for defects is governed by the individual provisions of the Civil Code.

Under §2161(1) of the Civil Code, the seller is liable to the buyer for ensuring that the item has no defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the item:

• It has the properties agreed upon by the parties or, if there is no agreement, properties that the seller or manufacturer described or that the buyer expected given the nature of the goods and based on the advertising they conducted,
• It is suitable for the purpose stated by the seller or for which goods of this kind are usually used,
• It corresponds in quality or design to the agreed sample or model if the quality or design was determined according to the agreed sample or model,
• It is in the appropriate quantity, measure, or weight, and
• It meets the requirements of legal regulations.

Under §2165(1) of the Civil Code, the buyer is entitled to assert a right from a defect that occurs in consumer goods within twenty-four months of receipt.

The rights that the buyer is entitled to due to defects in the item are detailed in particular in §§ 2099 to 2116 and 2165 to 2174 of the Civil Code.

VII. Out-of-Court Settlement of Consumer Disputes

In accordance with the current wording of Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act"), the consumer may initiate the out-of-court settlement of a consumer dispute, governed by §§ 20d to 20m of the Consumer Protection Act. The entity for out-of-court dispute resolution, where the consumer can initiate an out-of-court consumer dispute resolution in the case of a dispute with NOMINAL27 s.r.o., is the Czech Trade Inspection Authority or another entity authorized by the Ministry of Industry and Trade, listed in the ministry's register. (Contact details: Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2. Email: adr@coi.cz; Web: adr.coi.cz, Ministry of Industry and Trade: Na Františku 32, 110 15 Prague 1. Email: posta@mpo.cz; Web: www.mpo.cz).

Out-of-court settlement of a consumer dispute is initiated exclusively at the request of the consumer. The request must identify the parties to the dispute, contain a complete and comprehensible description of the facts, state what the applicant (consumer) is seeking, include the date on which the applicant first exercised their right, which is the subject of the dispute with the seller, and must be dated and signed.

The request must also include a declaration that the matter has not been decided by a court, no arbitration award has been issued, no agreement between the parties has been reached within the framework of out-of-court settlement, and no proceedings have been initiated before a court, arbitration, or out-of-court settlement of the consumer dispute according to the Consumer Protection Act.

The request must also include proof that the dispute could not be resolved directly between the consumer and the seller (e.g., rejection of a complaint). The request can be submitted electronically directly on the website of the relevant out-of-court dispute resolution entity.

The request for initiating an out-of-court settlement of a consumer dispute can be submitted no later than 1 year from the date the consumer first exercised their right with the seller. During the out-of-court settlement of a consumer dispute, the parties (consumer and seller) do not need to be legally represented. Out-of-court settlement of consumer disputes is free of charge, but the parties bear their own costs.

VIII. - Delivery and Shipping Terms

Delivery Time:

We dispatch goods within 2 business days from the confirmation of the order. If the ordered goods are not in stock or cannot be dispatched within 7 days, the seller will inform the buyer of the expected delivery date or offer an alternative comparable product. In such a case, the seller will request the buyer's approval.

Delivery:

The post office delivers the "Parcel to Hand" the next business day after dispatch. If the recipient is not available, a written notice will be left for the recipient to pick up the parcel, and the parcel will be stored at the post office.

Acceptance of Goods:

The customer is obliged to inspect the goods immediately upon receipt. If any mechanical damage to the product packaging is found, the customer must check the condition of the goods in the presence of the carrier and, in case of damage, make a record of the damage and have this fact confirmed by the carrier. Based on the prepared record, the customer will be provided with a reasonable discount or a new product will be delivered. The customer also has the right to withdraw from the contract. Later claims for damages caused by transport cannot be considered and will be rejected.

Free Shipping:

For products marked "Free Shipping," postage is free.

Procedure in Case of Unclaimed Parcel:

If a parcel is not picked up by the customer, postage will be charged according to the current shipping price list selected in the order for the next order. In the case of repeated unclaimed parcels, twice the postage according to the current price list will be charged, and the parcel will only be dispatched if the order is prepaid.