RIGHT OF THE CONSUMER TO WITHDRAW FROM THE AGREEMENT
Terms such as Consumer, Seller, and others are based on the definitions provided in the general Terms and Conditions.
If the purchase Agreement is entered into via remote communication (through an online shop), the Consumer shall be entitled in accordance with § 1829 paragraph 1 of the New Civil Code, even without indication of reason, to withdraw from the Agreement within 14 days of receipt of the goods (if the subject of the Agreement is several types of goods or delivery of multiple parts, this period shall commence on the date of receipt of the final delivery of goods). Notice of withdrawal from the Agreement must be sent to the Seller within this period.
Standard packaging shall be considered:
- In case of ManaPowder™, an originally sealed box (7 pouches) bearing a complete nutrition label. A single pouch shall NOT be considered a standard package.
- In case of ManaDrink™, an originally sealed box (12 bottles) bearing a complete nutrition label. A single bottle shall NOT be considered a standard package.
In case of the ManaBurger™, an originally sealed box (20 patties) bearing a complete nutrition label.
Breaking the seal of standard packaging revokes the right of the Consumer to withdraw from the Agreement, because in accordance with food law, the manufacturer cannot guarantee the food safety of goods in damaged packaging; in accordance with Regulation (EU) No 1169/2011 Chapter III Articles 6-8, and Chapter IV Articles 9-14, damaged packaging does not meet the requirements for food labelling and packaging.
In case of orders that also contain a Starter Kit with a bottle and a measuring scoop, or only a bottle or measuring scoop which can be ordered separately, the Consumer may only withdraw from the Agreement if the goods are unused and bear no signs of use, damage, or mechanical wear.
Pursuant to § 1833 of the Civil Code, the Consumer shall be liable to the Seller for any reduction in value of the returned goods as a result of their handling in a manner contrary to their nature and properties.
If, pursuant to the previous paragraph, the Consumer wishes to withdraw from the Agreement within 14 days of the receipt of goods, the consumer shall contact the Seller with a notice of withdrawal. Notice of withdrawal can be sent to the address of the Seller (Heaven Labs s.r.o., Přátelství 172/42, 104 00 Prague 10-Uhříněves, Czech Republic) or to email@example.com.
This statutory provision cannot be understood as the option to borrow the goods free of charge. In the event that the Consumer exercises the right to withdraw from the Agreement within 14 days of receipt of the goods, the Consumer shall in accordance with § 1831 paragraph 1 of the Civil Code promptly return all goods received on the basis of the Agreement within 14 days of withdrawal from the agreement. The costs of return of the goods shall be borne by the Consumer pursuant to § 1820 paragraph 1 letter g.
When exercising the right to withdraw from the Agreement within 14 days of the receipt of goods, the Consumer shall be entitled to receive a refund of the costs of shipping of the goods by the Seller to the address of the Consumer, in accordance with the least expensive shipping option offered. Pursuant to § 1832 paragraph 1 of the Civil Code, the Seller shall in the same manner return all funds received on the basis of the Agreement to the Consumer, including the costs of shipping in accordance with the least expensive shipping option offered, without undue delay, but no later than within 14 days of withdrawal from the Agreement. In accordance with § 1832 paragraph 4 of the Civil Code, the Seller is not required to return received funds to the Consumer until the Consumer has returned the goods or has proven that the goods have been sent back.
The Seller may deduct any costs incurred in relation to the return of goods from the amount to be refunded to the Consumer.
Under the provisions of § 1837 of the Civil Code, the Consumer shall not have the right to withdraw from an Agreement in case the Agreement is:
- For provision of services, if they were performed with the consent of the Consumer before expiration of the period for withdrawal from the Agreement, and if the Seller informed the Consumer before conclusion of the Agreement that they do not have the right to withdraw from the Agreement in such case.
- For provision of goods or services whose price depends on fluctuations of the financial market independent of the will of the Seller and which may occur during the period for withdrawal from the Agreement.
- For provision of alcoholic beverages, which may be delivered after a period of 30 days and whose price depends on fluctuations of the financial market independent of the will of the Seller.
- For provision of goods that have been modified according to the wishes of the Consumer or for their person.
- For provision of perishable goods, or goods which have been irreversibly mixed with other goods after delivery.
- For repair or maintenance at the request of and at a location designated by the Consumer. However, this shall not apply in case of subsequent repairs other than those requested or the delivery of spare parts other than those requested.
- For provision of goods in a sealed package, which the Consumer has removed from the package and which may not be returned for hygienic reasons.
- For provision of audio or video recordings, or a computer program, if the original seal has been broken.
- For provision of newspapers, magazines, or periodicals.
- For accommodation, transport, or leisure activities, if the Seller provides these services in the specified period.
- Concluded on the basis of a public auction in accordance with the law governing public auctions.
- For provision of digital content, if the content was not delivered on a tangible medium, and if it was delivered with the prior consent of the Consumer before expiration of the withdrawal period and the Seller informed the Consumer before conclusion of the contract that in such a case the Consumer has no right to withdraw from the Agreement.
30-DAY MONEY-BACK GUARANTEE – GENERAL PROVISIONS
Heaven Labs, s.r.o. with headquarters in Prague 10 Uhříněves, Czech Republic, Přátelství 172/42, PSČ 104 00, IČO: 032 57 398, entered into the Commercial Register of the Municipal Court in Prague, Department C, File No. 229291 (hereinafter referred to as the Seller), hereby stipulates the conditions for the return of goods by the customer (hereinafter referred to as the Consumer) under the 30-day money-back guarantee.
The conditions of the 30-day money-back guarantee do not limit the right of the Consumer to withdraw from the Agreement within the statutory period for purchased and unopened goods. They therefore extend the rights of the Consumer to withdraw from the Agreement.
The specific conditions of withdrawal for each individual product are set out in the “PRODUCTS” annex to this Agreement.
- These terms and conditions apply only to Consumers, i.e. natural persons who are not a business, and only to products covered by the 30-day money-back guarantee. Coverage by the guarantee may be indicated in the description of the product or at any point during the purchase process.
- The Consumer has the right to return products covered by the 30-day money-back guarantee in exchange for a refund only in case the purchase was the Consumer’s first from the eshop of the Seller.
- The Consumer has the right to return a product only in the amount specified in the “PRODUCTS” annex. In case the order was for a greater amount or more types of goods, the Consumer shall not have the right to withdraw from the entire agreement.
- The Consumer is obliged to notify the Seller of the intention to return goods by email at firstname.lastname@example.org or by telephone at +420 228 883 296.
- If the return of a certain product requires photo documentation, the documentation must be attached to the notification referred to in point 4.
- Email messages must be sent from the email used to make the first purchase.
- The Consumer does not need to state the reasons for the return. However, the Seller would appreciate as much information as possible.
- The right of the Consumer to return goods must be exercised, i.e. the intent to return must be announced by email or telephone, no earlier than on the 15th calendar day and no later than on the 30th calendar day of receipt of the goods in case they have not been opened. Otherwise, the right may be exercised any time from the date of receipt of the goods to the 30th calendar day of receipt of the goods.
- The Consumer shall return the goods as specified in the “PRODUCTS” annex to the address of the Seller at their own expense.
- The goods must be returned to the Seller no later than 7 days after the intent to return them has been announced by email or telephone.
- Once received, the Seller shall inspect the returned goods and, if the conditions for the return of the individual products as described in the “PRODUCTS” annex have been met, shall refund within 10 days of receipt of the returned goods the value of those goods.
- The amount shall be refunded to the account used to make the purchase or, if the purchase was made by another means, to the account indicated by the Consumer via email or telephone.
- If the Seller has a legitimate reason to suspect fraudulent or dishonest conduct on the part of the Consumer, or if such conduct clearly occurs, or if the Consumer violates any of the above rules, the Seller shall not be obliged to refund the amount paid for the purchase or compensate the Consumer in any other way.
- The Seller shall not bear any risks associated with communication by electronic or other means. The Seller reserves the right to change the terms or conditions of the 30-day money-back guarantee, including the length of the guarantee, or terminate the guarantee at any time without reason or compensation, with immediate effect as of the date of publication of the change on the website of the Seller.