Terms and conditions for sales to end customers

1. Basic provisions

1. These general terms and conditions (hereinafter referred to as the " Terms and Conditions ") are issued in accordance with the law of the Czech Republic, namely Sections 1751 et seq. and 1810 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the " Civil Code ").

2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who concludes a purchase contract outside their business activities as a consumer (hereinafter referred to as: " buyer ") via the web interface located on the website available at the internet address www.nupo.cz (hereinafter referred to as the " online store "). They shall also apply appropriately to the regulation of rights and obligations between the seller and a natural person doing business who does not purchase for the purpose of selling to third parties, to whom, however, specific rules for consumer protection do not apply and instead, ordinary legal regulations shall apply.

3. The provisions of the terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.

4. These terms and conditions and the purchase contract are concluded in the Czech language.

2. Seller identification and verification information

1. The operator of the online store www.nupo.cz and the seller is the company:

New Me Czech sro

ID: 07890311

VAT number: CZ07890311

with registered office: New Me Czech sro, Prague 2, 120 00, registered at the Municipal Court in Prague, Section C, File C309353 (hereinafter referred to as the “ Seller ”)

2. The seller's contact details are:

address: Na Folimance 2155/15, Prague 2, 120 00

e-mail : info@nupo.cz

phone : 722 026 831

Contact details are expressly not:

Chat window of the online store www.nupo.com/cz; personal messages, posts, or comments on Facebook, Instagram, or other social media platforms. These means of communication are only for non-binding communication and are not an official binding form of communication, e.g. in matters of claiming defects, withdrawal from the contract, and similar cases.

3. Information about the main characteristics of the goods

1. Information about the goods, including the prices of individual goods and their main features, is provided for each individual good in the online store catalog.

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

3. The Seller declares and the Buyer expressly acknowledges that the Seller does not guarantee any results resulting from the consumption of foods sold by the Seller. The Buyer also expressly acknowledges that foods may affect each person differently and therefore it is not possible to guarantee a positive result from the consumption of foods sold by the Seller.

4. Price of goods and delivery costs

1. The prices of goods are listed for each individual item in the online store catalog. The price is always listed as the total price for the item, i.e. including all taxes, fees and similar monetary payments, with the exception of shipping costs and the costs of the selected payment method. The prices of goods remain valid for the period during which they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually negotiated conditions.

2. The online store publishes information about the costs associated with packaging and delivery of goods, which the buyer pays in addition to the price of the goods. The information about the costs associated with packaging and delivery of goods provided in the online store applies only to cases where the goods are delivered within the territory of the Czech Republic.

3. The online store publishes information about the costs associated with paying for goods according to the selected payment method, which the buyer pays in addition to the price of the goods.

4. Any discounts on the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise. Only one discount code/coupon can be used per purchase.

5. Order and conclusion of the purchase contract

1. The costs incurred by the buyer when using distance communication means in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, to his service providers (telephone operators, Internet providers, etc.) according to the conditions agreed between the buyer and his provider. The seller does not apply any increased rates for telephone calls or other methods of communication.

2. The buyer places an order for goods in the following ways:

• through their customer account, if they have previously registered in the online store,
• by filling out the order form without registration.

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

4. Before sending the order, the buyer is allowed to check and change the data entered in the order. The buyer sends a binding order, which obliges him to pay for the ordered goods, to the seller by clicking on the "ORDER WITH PAYMENT OBLIGATION" button.

5. The data provided in the order are 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 confirmation by the buyer that he has read these terms and conditions.

6. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is considered the moment of conclusion of the purchase contract. The attachment to the email confirmation of the order is the seller's current terms and conditions. The buyer may cancel the order until the buyer has received a notification of acceptance of the order by the seller. The buyer may cancel the order using the contact details specified in these terms and conditions. The right to withdraw from the contract under the conditions below is not affected.

7. In the event that there is an obvious technical error on the part of the seller when stating 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 at this obviously incorrect price. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his email address. If the buyer does not agree with the amended offer and a new purchase contract is not concluded, the seller is entitled to withdraw from the original purchase contract. The seller informs the buyer of the withdrawal to the email address that the buyer provided in the order and, if the seller has already been satisfied, returns the funds to the buyer in the same way (e.g. to the same bank account) as he received them, without undue delay.

8. The order on the basis of which the purchase contract was concluded will be stored by the seller in electronic form for the duration of the rights arising from defective performance. The buyer is not able to access this electronic archive of the seller.

6. Customer account

1. Based on the buyer's registration in the online store, the buyer can access his customer account. From his customer account, the buyer can order goods. Setting up a customer account is voluntary, 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 all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in the event of any change. The data 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 by 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 does not use his/her user account for more than 3 years, or if the Buyer breaches his/her obligations under the purchase contract and 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 the hardware and software equipment of third parties.

7. Payment method, method and time of delivery of goods

1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods and payment according to the purchase contract in the following ways:

• • • • by bank transfer to the seller's bank account No. 1251933002/5500, held at Raiffeisenbank, as; please state your order number as the reference number
      • cashless by payment card via the Comgate payment gateway
      • cashless transfer to the seller's account via the Comgate payment gateway;
      • cash on delivery upon receipt of goods

When paying by card, you will be switched to the payment gateway of the provider ComGate Payments, as https://www.comgate.cz/cz/platebni-brana

Several options will be available here:

a) card payment - if you choose to pay by card, you will be redirected to an interface where you enter the card number, expiration date and SSC code (on the back of the card). Then you confirm the payment in your banking system.

b) payment using bank buttons - select the relevant bank, log in to your electronic banking and confirm the payment

You can direct any questions about payments directly to the payment gateway provider:

ComGate Payments, as
Gočárova třída 1754 / 48b, Hradec Králové
E-mail: payment-podpora@comgate.cz
Phone: +420 228 224 267

2. Together with the price of the goods, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount, as well as any costs associated with the chosen method of payment in the agreed amount. Unless otherwise expressly stated below, the " purchase price " shall mean, in addition to the price of the goods, the costs associated with delivery of the goods and the costs associated with the chosen method of payment.

3. In the case of payment by cash on delivery, the purchase price is payable upon receipt of the goods. If the buyer does not accept the delivered order, the seller is entitled to demand in accordance with the breach Section 2118 of Act No. 89/2012 Coll. a contractual penalty of CZK 250.

The above does not apply if the customer notifies the seller in writing of their withdrawal from the purchase contract before the seller notifies them of the shipment of the purchased goods.

This fine includes:

• administrative processing of orders, issuing orders, invoices, posting invoices and processing VAT
• product removal and assembly
• wrapped in protective packaging and in a package
• price of packaging material, boxes, tape
• fee (postage) to the carrier for delivery to the customer
• fee (return postage) to the carrier back to the deliverer
• additional payment to the carrier for processing the return
• unpacking and disposal of used packaging material
• physical placement of goods back into warehouse positions
• administrative inclusion of products back for sale in the e-shop
• issuing a credit note and its posting, processing VAT
• issuing this reminder, invoice for this fee and its accounting processing

The customer will be informed by phone whether an invoice will be issued for the payment of the contractual penalty with a maturity of 14 days. Within this period, the customer can contact the seller and request redelivery of the goods, increased by 100 CZK /original unpaid postage/. In this case, the customer is obliged to pay for the goods in advance by card or by transfer to the seller's account.

The contractual penalty becomes due on the date the undelivered or uncollected shipment is returned to the supplier.

4. In the case of payment via a payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.

5. In the case of non-cash payment by transfer, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract. If the buyer fails to fulfill his obligation to pay the purchase price and other costs within this period, the seller is entitled to withdraw from the purchase contract. The seller is not obliged to ship or hand over the goods before the buyer's obligation to pay the purchase price has been fulfilled.

6. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before the goods are shipped is not an advance payment.

7. The goods are delivered to the buyer:

• to the address specified by the buyer in the order;
• via the delivery office to the delivery office address specified by the buyer

8. The buyer chooses the delivery method when ordering goods.

9. The delivery time of the goods may vary depending on the carrier chosen by the buyer and its capacities. The goods will be delivered to the buyer without undue delay, no later than 30 days from the conclusion of the purchase contract.

8. Withdrawal from the contract, cases where withdrawal from the contract is not possible and return of goods

1. The buyer may withdraw from a contract concluded remotely, i.e. also through an online store, within 14 days of delivery of the order.

2. The withdrawal period shall expire 14 days after the date on which the buyer or a third party other than the carrier indicated by him:

• takes over the goods, or
• takes over the last piece of goods if the consumer orders multiple pieces of goods within one order that are delivered separately,
• takes delivery of the last item or part of a delivery of goods consisting of several items or parts, or
• takes over the first delivery of goods if the contract stipulates regular delivery of goods for an agreed period.

3. The Buyer cannot withdraw from the contract, and therefore his general right to withdraw from the contract expires if:

• the buyer has broken the sealed packaging of the goods, as these are goods that, for health protection and hygiene reasons, are not suitable for return by the buyer after the packaging has been broken,
• the buyer ordered perishable goods or goods with a short shelf life.

4. To withdraw from the purchase contract, the buyer may use:

• The customer logs into their customer account. If the order is within the return period, it is possible to select products for return from a specific order.
• If the customer made a purchase without registering, they will send an email to info@nupo.cz

5. If the buyer withdraws from the contract, he shall send or hand over to the seller the goods he has received from him without undue delay, no later than 14 days from the withdrawal from the contract, unless the seller has offered him to collect the goods himself. The deadline is met if the consumer sends the goods before its expiry.

The address for sending the goods is the address of the seller's warehouse :

Comp Alfa sro

Industrial 274

Kladno 272 01

info@compalfa.cz

Phone: 777 938 657

6. In the event of withdrawal from the contract, the buyer bears the costs associated with returning the goods to the seller. The goods can only be sent by any shipping service (not Czech Post).

7. If the buyer withdraws from the contract, the seller shall return to the buyer without delay, but no later than within 14 days of withdrawal from the contract, all funds, including delivery costs, received from the buyer, in the same way or in another way only if the customer agrees to it. The seller shall return to the buyer the funds received in another way only if the buyer agrees to it and if it does not incur additional costs.

8. If the buyer has chosen a method of delivery other than the cheapest method offered by the seller, the seller will refund the buyer the costs of delivering the goods in an amount corresponding to the cheapest method of delivery offered.

9. The buyer is liable to the seller for any reduction in the value of the goods resulting from handling the goods in a manner other than that necessary to familiarize himself with the nature, properties and functionality of the goods.

10. If goods are returned for which the buyer cannot withdraw from the contract (see paragraph 8.3 above), the seller is entitled to unilaterally offset the value of the goods thus devalued, i.e. the damage incurred, against the buyer's claim for a refund of the purchase price.

11. The Seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of goods, or when the manufacturer, importer or supplier of goods has discontinued the production or import of goods. The Seller shall immediately inform the Buyer via the email address specified in the order and shall return the entire purchase price received from the Buyer under the contract within 14 days of the notification of withdrawal from the purchase contract, in the same manner or in a manner specified by the Buyer.

9. Buyer's rights from defective performance

1. The buyer has rights from defective performance, in particular if they sell:

• provides the buyer with an object of performance that does not have the specified or agreed properties
• fails to inform the buyer of defects in the subject of performance, even though they do not usually occur with such an object,
• assures the buyer, contrary to fact, that the subject of performance has no defects or that the thing is suitable for a particular use;

2. The Seller is further responsible to the Buyer that the item is free from defects upon acceptance. In particular, the Seller is responsible to the Buyer that:

• corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
• is suitable for the purpose for which the buyer requires it and to which the seller has agreed, and
• is delivered with agreed accessories and instructions for use
• the item is suitable for the purpose for which an item of this type is usually used, taking into account the rights of third parties, legal regulations, technical standards or codes of conduct of the industry in the absence of technical standards,
• the item, in terms of quantity, quality and other properties, including durability, functionality, compatibility and safety, corresponds to the usual properties of items of the same type that the buyer can reasonably expect, also taking into account public statements made by the seller or another person in the same contractual chain, in particular advertising or labelling,
• the item corresponds in quality or design to the sample or template if the seller provided it to the buyer before the conclusion of the contract.

The above points do not apply if the seller specifically notified the buyer before concluding the contract that some property of the item differs and the buyer expressly agreed to this when concluding the contract.

3. If a defect becomes apparent within one year of receipt, the item is deemed to have been defective upon receipt, unless the nature of the item or defect precludes this. This period does not run for the period during which the buyer cannot use the item, if he has rightfully pointed out the defect.

4. The buyer does not have the right to claim for defective performance if the defect was caused by the buyer himself, for example, but not exclusively, by improper storage in violation of the conditions stated on the packaging, damage to the product packaging or other inappropriate handling.

5. A defect in an item is not wear and tear caused by normal use or, in the case of a used item, wear and tear corresponding to the extent of its previous use.

6. For consumable goods, the minimum shelf life is indicated, or for consumable goods that are subject to rapid deterioration, the period during which the goods can be used is indicated. The indication of these periods in accordance with Section 2163 of the Civil Code, as well as other legal regulations in the field of public law, does not constitute the assumption of a special guarantee for quality within the meaning of Section 2113 et seq. of the Civil Code beyond the standard rights from defective performance. The seller does not provide a guarantee for quality.

10. Complaints about defective performance and the process of complaints

1. The buyer may complain about a defect that appears on the item within 2 years of receipt.

2. The defect can be blamed on the seller from whom the item was purchased.

3. If the item has a defect, the buyer may request its removal. At his/her option, he/she may request:

• delivery of a new item without defects or
• repair the thing,

unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this shall be assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed in another way without significant difficulties for the buyer. The seller may refuse to remove the defect if this is impossible or disproportionately expensive, in particular with regard to the significance of the defect and the value that the item would have without the defect. The provisions of Sections 1923, 2106 and 2107, i.e. on rights arising from defective performance for situations other than consumer contracts, shall not apply.

4. The Seller shall remedy the defect within a reasonable time after it is discovered in a manner that does not cause significant inconvenience to the Buyer, taking into account the nature of the item and the purpose for which the Buyer purchased the item. To remedy the defect, the Seller shall take over the item at its own expense.

5. The buyer may request a reasonable discount or withdraw from the contract if:

• the seller refused to remove the defect or did not remove it in accordance with paragraph 10.4.,
• the defect appears repeatedly,
• the defect is a fundamental breach of contract, or
• it is obvious from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.

The appropriate discount is determined as the difference between the value of the item without a defect and the defective item that the buyer received.

6. To report defects and make a complaint, the buyer must send an email to info@nupo.cz with the order number and an explanation of the matter.

7. The Seller is obliged to issue the Buyer a written confirmation when making a complaint, stating the date on which the Buyer made the complaint, its content, the method of handling the complaint requested by the Buyer, and the Buyer's contact details for the purpose of providing information on the handling of the complaint.

8. The complaint, including the removal of the defect, must be resolved and the buyer must be informed of this no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period.

9. After the 30 days for settling the complaint have expired in vain, the buyer may:

• withdraw from the contract, or
• request a reasonable discount.

10. The seller is obliged to issue the buyer a confirmation of the date and method of handling the complaint, including confirmation of the repair, and its duration, or a written justification for rejecting the complaint.

11. The buyer who successfully asserts a claim is also entitled to compensation for the costs reasonably incurred in exercising this right. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.

11. 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 to any of the contact details specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer to the contact details specified in his customer account, in the order or to the contact details specified in the context of notifying defects, withdrawing from the contract or exercising the guarantee.

12. Out-of-court dispute resolution and state supervision

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, company ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from a purchase contract. 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 arising from a purchase contract.

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

3. The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. The Czech Trade Inspection Authority (www.coi.cz) carries out, within a defined scope, among other things, supervision over compliance with Act No. 634/1992 Coll., on consumer protection and consumer contracts pursuant to Act No. 89/2012 Coll., the Civil Code. In the area of ​​compliance with legal regulations relating to food products, supervision is usually carried out by the State Agricultural and Food Inspection Authority (https://www.szpi.gov.cz/ ).

13. Final provisions

1. All agreements between the seller and the buyer are subject to the law 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 the rights of the consumer arising from generally binding legal regulations.

2. The Seller is not bound by any special codes of conduct in relation to the Buyer.

3. All rights to the Seller's website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or part thereof without the Seller's consent.

4. The Seller is not liable for errors resulting from third party interference with the online store or from its use contrary to its intended purpose. The Buyer may not use procedures when using the online store that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components constituting the online store without authorization and to use the online store or its parts or software in a manner that would be contrary to its intended purpose or purpose.

5. The Seller may unilaterally amend or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

These terms and conditions come into effect on June 30, 2024.

COMPETITION RULES FOR FACEBOOK AND INSTAGRAM COMPETITIONS

I. General provisions

– The organizer of the competition is New Me Czech sro with its registered office at Na Folimance 2155/15, Prague 2, 12000, Company ID: 07890311.

– Every participant who accepts the competition rules, meets these conditions and sends a response via a comment on Instagram under the competition post becomes a participant in the competition.

– Any natural person with a delivery address in the Czech Republic can participate in the competition. Employees of the organizer and persons close to them are excluded from participation in the competition.

– The organizer does not have to store participants' questions and is not obliged to answer them.

– The competition organizer reserves the right to shorten, interrupt or cancel the competition or change its rules.

– The competition organizer reserves the right to make a final decision in disputed cases at its own discretion.

– By entering the competition, all participants agree to abide by its rules.

– The competitions are in no way operated, sponsored or associated with Instagram or Facebook and these platforms are not responsible for their conduct. Information provided within the framework of the competitions will not be made available to this company in any way. All questions, comments or complaints regarding the competitions must be addressed to the organizer, not to Instagram or Facebook.

II. Personal rights and protection of personal data

– By posting a comment or in another similar manner as a response to the competition entry, the competition participant provides the organizer with express consent to the competition organizer processing the personal data provided by him/her (name, surname, username and, if applicable, delivery address) in his/her marketing database and the databases of all processors of this database for the purpose of offering trade and services.

– The competition organizer hereby informs each participant of the competition who provided their personal data for processing in the competition in accordance with the previous paragraph, of their rights arising from Act No. 101/2000 Coll., on the protection of personal data, as amended (hereinafter referred to as the “Act”), i.e. in particular that the provision of this data is voluntary, that the participant has the right to access it and that, in the event of a violation of the law, they have the right to contact the Office for Personal Data Protection with a request for redress, as well as other rights arising from Sections 11 and 21 of this Act. Consent to data processing may be revoked at any time, under the terms of the Act, at the address of the organizer's registered office.

III. Competition mechanism

– The competition will always take place during the period specified in the announcement of the relevant competition.

– The organizer will draw a winner from all reactions that were submitted as comments by participants during the relevant period or based on published criteria.

– The number of winners will always be determined in the announcement of the relevant competition.

IV. Prizes and their presentation

– The prizes in the competition and their number will always be determined in the announcement of the relevant competition.

– Each winner will be informed about their win on the Instagram page @nupocz or the Facebook competition page https://www.facebook.com/NupoCzech

– The prizes will be handed over to the winners either at the organizer's headquarters or will be sent by post to the postal address provided by the winner in the Czech Republic. If the parcel is returned, one more delivery attempt will be made.

– Winnings are not enforceable in court. Winnings are always stated net, after any withholding tax has been deducted.

V. Publication of rules

– These general rules, binding for competitions, will be published throughout the duration of the competition on the website, Facebook or Instagram of the organizer