These terms and conditions shall apply to purchases made through online stores www.mojemana.cz, www.mojamana.sk, www.drink-mana.com, and, to the extent that legal regulations allow, www.drinkmana.com and www.drink-mana.de, operated by Heaven Labs s.r.o. Heaven Labs s.r.o. further declares that its products (in particular ManaDrink, ManaPowder, the ManaBurger, etc.) are intended for consumption by healthy persons. These products are not intended for diagnostic or medicinal purposes. Consumption in case of illness or other health restrictions, during pregnancy or lactation, or by children under 3 years of age should be subject to consultation with a professional physician. Consumption of these products should be accompanied by a drinking regime. These products should be enjoyed as part of a balanced diet and healthy lifestyle.

These Terms and Conditions further define the rights and obligations of the Seller, Heaven Labs s.r.o., with headquarters at Modletice 194, 251 01 Modletice, Czech Republic, IČO: 03257398, entered into the commercial register of the Municipal Court in Prague, Department C, File No. 229291, and the Buyer or Customer. All contractual relationships shall be entered into in accordance with the laws of the Czech Republic. If the Buyer is a contracting party, all relationships not regulated by these Terms and Conditions shall be regulated by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.).

DEFINITION OF TERMS

Heaven Labs s.r.o. with headquarters at Modletice 194, 251 01 Modletice, Czech Republic, 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.

The Customer is the Buyer, i.e. a Consumer or Enterprise (these terms are specified by law).

The Seller and the Consumer may hereinafter be referred to jointly as the Parties.

PRE-AGREEMENT DISCLOSURES

The Seller hereby discloses that:

1. The costs of remote communication shall not differ from the basic rate of communication (i.e. in case of internet and/or telephone connections, rates shall be in accordance with the terms of the Buyer’s service provider). The Seller shall not bill any additional fees; however, this shall not apply to contractual transport.
2. The purchase price must be paid before acceptance of performance of the Agreement by the Buyer.
3. In case of conclusion of an agreement whose subject is repeated performance, the Buyer is entitled to terminate this Agreement with immediate effect.
4. The prices of goods and services include VAT and are specified on the website of the Seller. The costs for delivery of goods differ according to the delivery method and transport provider selected. The prices shown do not include any potential costs for customs clearance or duty (in case of orders outside the EU), or potential costs related to payment for goods (such as fees for payment by money order, wire transfer, etc.).
5. The Buyer has the legal right to withdraw from the contract within 14 days. The conditions, time period, and procedures for exercising this right are set out in Refund Policy.
6. In case of questions, comments, or complaints, the Buyer may contact the Seller by email at magic@drink-mana.com or by phone at +420 228 883 296 at the times indicated on the website of the Seller. Complaints may also be lodged with supervisory or state authorities.
   

PURCHASE AGREEMENT

The proposal for conclusion of the Agreement is placement of goods by the Seller on its website. The Agreement shall arise when an order for goods is sent by the Buyer and received by the Seller. The Seller shall promptly confirm this receipt in an informative email sent to the email address specified by the Buyer. The Seller shall not be responsible for any errors in data transmission.

The resulting Agreement (including the prices agreed upon) may be amended or terminated only on the basis of mutual agreement by the Parties, on legal grounds, or for reasons set out in these Terms and Conditions.

By sending the order, the Buyer states that they have read the Terms and Conditions and Privacy Policy, and consent thereto. The Buyer shall be sufficiently familiar with and have the opportunity to become sufficiently familiar with these documents before placement of the order.

The Seller reserves the right to cancel the order or a part thereof or terminate the concluded Agreement in any of the following situations: if the goods are no longer manufactured or supplied, or if the prices of the supplier of the goods have changed significantly; if the Agreement was for an unusual amount of goods, or for an unusually low or high price due to software errors on the website of the Seller. If the Buyer has already paid a part or all of the purchase price, then the part paid will be transferred back to the account or address of the Buyer, and the Agreement will be terminated.

Gifts provided free of charge are not subject to the exercise of any rights by the Buyer.

Handover of the Subject of Purchase

By entering into the Agreement, the Seller shall undertake to deliver to the Buyer the item or items that are the subject of the Agreement and transfer ownership thereof to the Buyer; the Buyer shall undertake to receive the item(s) and pay the purchase price to the Seller.

The Buyer shall acquire ownership of the item or items that are the subject of the Agreement only after full payment of the purchase price to the Seller.

The Seller will fulfill the obligation to hand over the item to the Buyer if the Buyer allows the Seller to deliver the item in the location of performance and informs the Seller of this in a timely manner.

If the Seller sends the item(s) to the Buyer, the Seller shall hand the item(s) over to the initial courier service for delivery to the Buyer, and shall allow the Buyer to exercise the rights arising from the transport agreement against the courier. If the Buyer is a Consumer, this provision applies if the Buyer has designated the courier without being offered a courier option by the Seller. Otherwise, the item(s) shall be handed over to the Buyer after the courier delivers the item(s).

The Seller shall hand over to the Buyer the purchased items in accordance with the quantity, quality, and implementation agreed upon. If the quality and implementation have not been agreed upon, the Seller shall deliver the quality and implementation suitable to the purpose apparent for the Agreement (i.e. for the “usual” purpose).

Unless agreed otherwise, the Seller shall pack the item standardly. If there are no standards for packing items, then the items must be packed in the manner necessary for their preservation and protection. In the same manner, the Seller shall secure the item for transport.

Obligations of the Buyer in the Acceptance of Goods

The Buyer shall pay the purchase price and accept the items.

If the Buyer is in arrears with acceptance of or payment for the items, the Seller shall keep the items for the Buyer in a manner appropriate to the circumstances, if the Seller has the capacity to do so.

If the Buyer has accepted an item that they intend to refuse, they shall keep the items in a manner appropriate to the circumstances.

If a Party is in arrears with acceptance of items, the other Party shall be entitled to sell the items, following prior notification at the expense of the first Party, in an appropriate manner, after the party in arrears with acceptance has been provided with a sufficient period of time to accept. This shall also apply if a Party is in arrears with payment upon which the handover of items is contingent.

TERMS OF PAYMENT AND DELIVERY

Payment may be made in the following way:

• Cashless bank transfer to the account of the Seller.
• Cashless payment by card.
• Cashless payment through PayPal.
• By cash deposit to the account of the Seller.
• By deposit of a money order to the account of the Seller.
• By payment of cash on delivery.
• By other methods enabling non-cash payments such as ApplePay, GoPay, and GooglePay, as the Seller introduces them

The specific method of payment is listed on the website of the Seller for individual orders and can be changed at any time by the Seller. Different payment options may be listed for different countries.

Additional costs related to payment shall be paid by the Buyer. In case of non-cash payment by bank transfer or money order, the Buyer is obliged to indicate the variable symbol of payment, which shall be the number of the order. Without the variable symbol, payment cannot be assigned to the relevant order; failure to provide the variable symbol may result in delayed order processing. In such a case, the Seller may take up to 7 days to trace the payment.

Goods shall be transported exclusively a courier company; however, the Seller shall be entitled to use another means of transport at its own discretion. In case the means of transport is changed at the request of the Buyer, the Buyer shall bear the risk and cost associated with this change.

If it is necessary to deliver the goods repeatedly due to a reason on the side of the  Buyer, the costs of delivery shall be borne by the Buyer.

When accepting the goods, the Buyer shall inspect their condition, completeness, and packaging. In the event of damage to the goods or packaging, incompleteness, or suspicion of non-standard handling, the Buyer has the right to not accept the goods, and in the presence of the courier declare this damage using the appropriate documentation carrier by the courier. This will greatly simplify and facilitate settlement of the complaint procedure.

QUALITY WARRANTY, TRANSFER OF RISK OF DAMAGE, AND RIGHTS FROM DEFECTIVE PERFORMANCE

An item shall be considered defective if it does not have the properties agreed upon.

The Buyer shall inspect the item or items as soon as possible after the risk of damage has passed to ensure that they possess the correct properties and are in the correct quantity.

The risk of damage shall pass to the Buyer upon their acceptance of the item(s). The same shall be true if the Buyer does not accept the items but the Seller has allowed the Buyer to handle the items.

Rights from Defective Performance

The Buyer shall be entitled to rights from defects that occur in consumer goods (not food) within twenty four months of receipt. If, in accordance with other legislation, the period for which the item can be used is indicated on the item itself, its packaging, the instructions included with the item, or in an advertisement, the provisions of the quality warranty shall apply. These provisions shall not apply in the following cases:

1. Items sold for a lower price due to a defect, and for which the lower price was agreed upon.
2. The wear and tear of items caused by normal use.
3. Used items that have defects relative to the degree of use or wear and tear they had when accepted by the Buyer.
4. Items defective on account of their nature.

The Buyer shall not be entitled to rights from defective performance if they knew before accepting the item that it is defective, or if the Buyer themselves causes the defect.

If the defective performance is a substantial breach of the Agreement, the Buyer shall have the right to have the defect eliminated by delivery of a new, non-defective item or the missing item. Otherwise, the Buyer has the right to: 

1. Eliminate the defect by having the item repaired.
2. Receive an adequate discount from the purchase price.
3. Withdraw from the Agreement.

The Buyer shall inform the Seller which right they have chosen to exercise, either upon notification of the defect, or without undue delay after notification of the defect. The Buyer may not change this choice without the consent of the Seller; this shall not apply if the Customer has requested repair of a defect which proves to be irreparable. If the Seller does not eliminate the defect within a reasonable time period and notifies the Buyer that it will not eliminate the defect, the Buyer may request a reasonable discount from the purchase price or withdraw from the Agreement.

The Buyer may not withdraw from the Agreement or demand delivery of a new item if they are unable to return the item in the condition in which it was received. This shall not apply if:

1. The condition of the item has changed as a result of inspection for defects.
2. The Buyer used the item before detecting the defect.
3. If the Buyer has not caused the impossibility of returning the item in an unaltered state by act or omission.
4. The Buyer has sold the item before discovery of the defect, consumed the item, or changed the item through normal use; if this has happened only in part, the Buyer shall return to the Seller whatever may still be returned, and provide the Seller with compensation in the amount of the value unreturnable to the Seller.

If the Buyer has not reported the defect in a timely manner, the Buyer shall lose the right to withdraw from the Agreement.

If the Buyer does not report the defect without undue delay after it could have been discovered by timely inspection and sufficient care, then the court shall not grant the Buyer rights from defective performance. If the defect is hidden, then the same shall apply if the defect is not reported without undue delay after it could have been discovered by sufficient care, but no later than within two years of acceptance of the item, with the exception of food.

Quality Warranty

By guaranteeing the quality of the item, the Seller obliges that for the defined period the item shall be fit for intended use or that it will retain its usual properties. Indication of the warranty period or usability period of the item on the packaging shall also have the same effect. The warranty may also be provided for individual parts of the item. The warranty may also be for individual parts of the item.

OUT-OF-COURT SETTLEMENT OF DISPUTES

Relationships and potential disputes that arise on the basis of the Agreement shall be settled exclusively in accordance with the laws of the Czech Republic by competent courts of the Czech Republic.

Potential disputes between Heaven Labs s.r.o. and the Buyer may also be resolved out of court. In this case, the Buyer-Consumer may contact an entity for out-of-court dispute resolution such as the Czech Trade Inspection Authority, or settle the dispute online via a dedicated ODR platform. More information on out-of-court dispute settlement can be found here.

Before proceeding with an out-of-court settlement of the dispute, the Seller recommends that the Buyer first contact the Seller in order to resolve the situation, either by email at magic@drink-mana.com or by telephone at +420 228 883 296.

CLAIM PROCEDURE

Claims must be filed as soon as possible in writing, either to the address of the Seller (Heaven Labs s.r.o., Modletice 194, 251 01 Modletice, Czech Republic), by telephone at +420 228 883 296, or by email at magic@drink-mana.com. Products for which claims may be filed must be handed over for assessment as soon as the defect is discovered.

The claims procedure shall be as follows:

After a complaint has been filed, the item shall be collected by the courier of the Seller and delivered to the address of the Seller. The costs shall be paid by the Seller.

The package must be complete and must be in the same condition it was in when it was accepted by the Buyer upon delivery; if applicable, the place of the defect may be marked. All documentation and papers contained in the original package must be included.

Immediately after receiving the item, the Seller shall send confirmation of receipt to the Buyer by telephone or email. On the basis of assessment by the Seller, the defective or damaged item shall be replaced, or its purchase price refunded. The new item shall be shipped under the same conditions as for standard orders.

The Seller or an employee authorized thereby shall issue a decision about the claim immediately or, in more difficult cases, within three business days of receiving the item for which the claim has been filed. This period shall not include the reasonable amount of time - based on the type or product or service - necessary for professional evaluation of the defect. Claims, including removal of defects, must be settled promptly, but no later than within 30 days of submission of the claim, unless the Seller and Buyer have agreed on a longer period. Expiration of this period without settlement of the claim shall be considered a fundamental breach of the agreement.

The Seller shall not be liable for damage resulting from operation of the products, functional properties, improper use of the products, external events, or improper handling. Such defects are not covered by the warranty.

The period for settling claims shall be suspended if the Seller has not received all the documents necessary for settling the complaint (parts of the item, other documents). The period shall be suspended from this date until the Buyer delivers the required documents.

TERMS AND CONDITIONS – SUBSCRIPTIONS

The Seller offers the Consumer the option to conclude a contract with repeated performance, i.e. a Subscription. 

A Subscription shall be understood as an agreement between the Seller and the Consumer whereby the Consumer informs the Seller at what time interval and in what quantity an order for a specific good shall be repeatedly submitted, without the need to explicitly reconfirm submission of each order. Subscription orders are automatically configured to repeat every 30 days, though the Consumer may modify this configuration in their account settings, or by submitting a request to the Buyer by email or telephone. The Consumer also agrees that the Seller shall collect the relevant funds from the Consumer several days in advance of each order.

As part of the Subscription, the Seller shall provide the Consumer with the benefits specified for each order. No other promotions of the Seller shall apply to subscription orders unless otherwise stated in “TERMS AND CONDITIONS – SUBSCRIPTIONS” or directly in an order. The “30-DAY MONEY-BACK GUARANTEE” shall apply only to the first Subscription order.

If the Consumer precludes the Seller from collecting the relevant funds after a Subscription has been established, the Seller may cancel the Subscription without compensation and the Consumer shall lose the right to the benefits associated with the Subscription.

The Consumer has the right to cancel a Subscription at any time and without reason directly in their account settings, or by submitting a request to the Buyer by email or telephone, at least 3 business days before submission of the next order due to the logistical limitations of the warehouse, etc.

In case of misuse or suspected misuse of the Subscription, the Seller may, at its discretion, cancel the Subscription of the Consumer without compensation. The Seller further reserves the right to refuse to establish a Subscription or cancel a Subscription if it is for an unusual quantity of goods or for delivery at unusual intervals, or if the price of the goods is unusually high or low (e.g. due to a system error, etc.).

CONTESTS

The Seller may announce or organize various contests intended for Consumers, all Customers, or another unspecified group of persons, which is specified in greater detail in the rules announced for a given contest (e.g. users of different social media).

Regardless of the rules of a specific competition, the Seller always reserves the right to:

• Change the rules or the terms of the contest, including its duration, at any time.
• Terminate the contest at any time without reason and without compensation by publishing a notification on the relevant social medium or www.drink-mana.com. 

No contestant shall have the legal right to win a competition, or demand the handover of a payment or prize in court; announcement of a contest shall not be treated as a public promise or public offer.

Contest prizes may not be exchanged for any other deliverables, counted towards anything, or exchanged for cash or any other value, discount, etc.

Contest entries shall be assessed by an internal commission of the Seller according to individual competition criteria. The Seller shall not be obliged to publish its methods of decision-making or contest results.

If the Seller has reasonable suspicion of fraudulent, dishonest, or unfair conduct on the part of a contestant or other person who has helped or may have helped the contestant win, or if such conduct clearly occurs, the contestant shall be excluded from the competition; this shall also apply in case of other conduct on the part of the contestant or other person who has helped or may have helped the contestant win which is in conflict with the rules or terms of the competition. Participation in the competition may not be enforced in court.

By entering a contest, i.e. by actively participating and meeting its terms, the contestant agrees with the rules and terms of the contest in full.

The Seller shall be obligated to send prizes only within the territory of the Czech Republic, i.e. the Seller shall not be obligated to deliver prizes to any addresses other than those in the Czech republic. If agreed otherwise, the Seller may send a prize to an address outside the territory of the Czech Republic.

A contest prize which for reasons on the side of the Seller cannot be delivered shall be forfeited in favor of the Seller. The Seller shall not be liable for the loss, damage, destruction, or non-delivery of notification of qualification for a prize, or for the loss, damage, destruction, or non-delivery of the prize itself for reasons on the side of the contestant, provider of electronic communications services, provider of postal services, or other deliverer.

Social Media Contests

Competitions shall be organized by Heaven Labs s.r.o. on its own initiative and independently of the operators of specific individual networks.

Regardless of the rules of the contests on individual social networks, the Seller, in addition to the above, reserves the following rights.

Contests shall always run for the period of time announced in the post on the social medium on which they are announced. The prize of a given contest shall be listed only in the post announcing the contest on the relevant social medium. Unless otherwise specified by the Seller, the winner shall be announced on the given social medium after the contest ends on the dates determined by the Seller.

Persons interested in entering a contest must as a general rule be active users of and have their own profile on the social medium on which the contest has been announced.

Contests may be based on the sharing of photographs, opinions, audiovisual works, and other contributions from contestants.

Contest winners shall be chosen by an internal commission of the organizer on the basis of originality, imaginativeness, wit, or fulfillment of all the terms of the contest.

Winners must meet all the criteria listed in the individual posts on the social media where the contests have been announced.

Winners shall be notified of their victory in a private message on the given social network, or by a public share of their names or nicknames on the given social network. Winners shall always send their names and exact address to the Seller in order to receive their prize. The Seller shall not be responsible for any delay in the sending of this information by the winners. Unless otherwise determined by the Seller, if the winner does not respond to the request of the Seller for the name and address of the winner within 14 days of its sending, the prize shall be forfeited and the Seller shall not send the prize to the winner.

By entering the contest, the contestant consents to the processing of their personal data by the Seller, i.e. Heaven Labs s.r.o., for the purposes of organizing the competition and to the extent necessary for this purpose, including the publication of this information on drink-mana.com or on the social media of the Seller in accordance with Act no. 110/2019 Coll. on the processing of personal data and Act no. 127/2005 Coll. on electronic communications, as amended. At the same time, the contestant grants the Seller consent to send information regarding events and activities, as well as business communications, to the email address provided, in accordance with Act no. 480/2004 Coll. on certain information society services for a period of three years, unless the consent is revoked earlier by the contestant in writing. The Seller shall be entitled to process personal data provided by contestants for the duration of the contest and for a reasonable period after its end, but no later than the end of the third month after the contest ends. The contestant shall have the right to access their personal data, request in writing information on their personal data, and in case of a violation of their rights, request from the Seller an explanation or request that the Seller remove the violation, or contact the Office for Personal Data Protection. The contestant acknowledges that provision of personal data is voluntary, that they can revoke consent at any time free of charge, and that they have the right to correct, block, or remove their data. The contestant may at any time revoke the above-mentioned consents by written request to the above-mentioned address of the Seller.

FINAL PROVISIONS

These Terms and Conditions shall be valid as stated on the website of the Seller on the day of conclusion of the purchase Agreement.

By concluding a purchase Agreement, the Customer accepts all the provisions of these Terms and Conditions in the wording valid on the day of conclusion of the purchase Agreement, unless demonstrably agreed otherwise for a specific case.

In case of orders from abroad, the purchase relationship shall be governed by Czech law.

Heaven Labs s.r.o. shall not be responsible for the consequences of transferring products of the Seller by third parties or to third parties.

These Terms and Conditions shall take effect on 10. 10. 2019.

Thank you for taking the time to read these Terms and Conditions.

The Mana team