1. Basic Provisions 
2. These general business conditions (hereinafter referred to as ” business  conditions “) are issued in accordance with § 1751 et seq. Act No.  89/2012 Coll., the Civil Code (hereinafter referred to as the “ Civil Code ”). 

ILOL a. s.

Company ID: 28492617

VAT: CZ28492617

with registered office: Žerotínova 1133/32, Žižkov, Czech Republic registered at the Municipal Court in Prague, file B14849

contact information: 

email: info@chocerries.com 

phone: ‭ +420 739 247 400

2. These terms and conditions govern the mutual rights and obligations of  the seller and a natural person who enters into a purchase contract outside  his business as a consumer or within his business (hereinafter: ” buyer “)  through a web interface located on a website available on the Internet.  address www.shopnellex.eu (hereinafter referred to as the ” online store “). 3. The provisions of the business 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 business conditions and the purchase contract are concluded in the  Czech language. 
3. Information on goods and prices
4. Information about the goods, including the prices of individual goods and  their main properties, are given for individual goods in the online store  catalog. The prices of the goods are stated including value added tax, all  related fees and costs for the return of the goods, if the goods cannot, by  their nature, be returned by the usual postal route. The prices of the goods  remain valid as long as they are displayed in the online store. This provision  does not preclude the conclusion of a purchase contract under individually  agreed conditions. 
5. All presentation of goods placed in the online store catalog is of an  informative nature and the seller is not obliged to enter into a purchase  agreement regarding these goods. 
6. Information on the costs associated with the packaging and delivery of  goods is published in the online store. Information on costs associated with  the packaging and delivery of goods listed in the online store is valid only in  cases where the goods are delivered within the territory of the Czech  Republic.
7. Any discounts on the purchase price of the goods cannot be combined  with each other, unless the seller agrees otherwise with the buyer. 

III. Ordering and concluding a purchase contract  

1. The costs incurred by the buyer in the use of means of distance  communication in connection with the conclusion of the purchase  contract (costs of internet connection, costs of telephone calls), shall be  borne by the buyer himself. These costs do not differ from the basic rate. 
2. The buyer orders the goods in the following ways:  

• through his customer account, if he has previously registered in the online  store;  
• by filling in the order form without registration. 

3. When placing an order, the buyer chooses 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 he entered in the order. The buyer sends the order to the seller by  clicking on….… The data listed in the order they are deemed correct by the  seller. The condition for the validity of the order is the completion of all  mandatory data in the order form and confirmation from the buyer that he  has read these terms and conditions. 
5. Immediately after receiving the order, the seller will send the buyer a  confirmation of receipt of the order to the e-mail address that the buyer  entered when ordering. This confirmation is automatic and is not considered  a contract. Attached to the confirmation are the current business conditions  of the seller. The purchase contract is concluded only after the acceptance  of the order by the seller. Notice of receipt of the order is delivered to the  buyer’s e-mail address. / Immediately after receiving the order, the seller will  send the buyer a confirmation of receipt of the order to the e-mail address  that the buyer entered when ordering. This confirmation is considered as the  conclusion of the contract. Attached to the confirmation are the current  business conditions of the seller. The purchase contract is concluded by  confirming the order by the seller to the e-mail address of the buyer. 
6. In the event that any of the requirements specified in the order cannot be  met by the seller, he will send the amended offer to the buyer’s e-mail  address. The amended offer is considered a new draft of the purchase  contract and in such a case the purchase contract is concluded by the 

buyer’s confirmation of acceptance of this offer to the seller to his e-mail  address specified in these terms and conditions. 

7. All orders accepted by the seller are binding. The buyer can cancel the  order until the buyer receives a notification of receipt of the order by the  seller. The buyer can cancel the order by phone to the phone number or e mail of the seller specified in these terms and conditions. 
8. In the event that an obvious technical error occurred on the part of the  seller when stating the price of goods in the online store or during ordering,  the seller is not obliged to deliver the goods to the buyer for this obviously  incorrect price, even if the buyer was sent an automatic confirmation of  receipt. orders according to these terms and conditions. The seller informs  the buyer of the error without undue delay and sends the amended offer to  the buyer to his e-mail address. The amended offer is considered a new draft  of the purchase contract and in such a case the purchase contract is  concluded by a confirmation of acceptance by the buyer to the e-mail  address of the seller. 
9. Customer’s account  
10. Based on the buyer’s registration made in the online store, the buyer can  access his customer account. The buyer can order goods from his  customer account. The buyer can also order goods without registration. 
11. When registering in the customer’s account and when ordering goods, the  buyer is obliged to state all data correctly and truthfully. The buyer is obliged  to update the data specified in the user account in the event of any change.  The data provided by the buyer in the customer account and when ordering  goods are considered correct by the seller. 
12. 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. 
13. The buyer is not entitled to allow the use of the customer account to third  parties. 
14. The seller may cancel the user account, especially if the buyer no longer  uses his user account, or if the buyer violates its obligations under the  purchase agreement or these terms and conditions. 
15. The Buyer acknowledges that the user account may not be available  around the clock, especially with regard to the necessary maintenance of  hardware and software equipment of the Seller, or. necessary maintenance of  third party hardware and software.
16. Payment terms and delivery of goods  
17. The price of the goods and any costs associated with the delivery of  goods under the purchase agreement, the buyer may pay in the following  ways:  

• cashless transfer to the bank account of the seller; account no .:No.     115-8874740217 / 0100, kept at Komerční Banka a.s. 
• cashless transfer to the seller’s bank account via a payment gateway;  ● cashless payment card;  
• cash on delivery upon delivery of the goods;  
• in cash or by credit card for personal collection at the consignment  office. 

2. Together with the purchase price, the buyer is obliged to reimburse the  seller the costs associated with the packaging and delivery of goods in the  agreed amount. Unless expressly stated otherwise below, the purchase price  also includes the costs associated with the delivery of goods. 3. In the case of payment in cash, the purchase price is payable upon receipt  of the goods. In the case of non-cash payment, the purchase price is  payable within …days of concluding the purchase contract. 4. In the case of payment through the payment gateway, the buyer follows  the instructions of the relevant electronic payment provider. 5. In the case of non-cash payment, the buyer’s obligation to pay the  purchase price is fulfilled when the relevant amount is credited to the seller’s  bank account. 
3. The seller does not require any advance payment or other similar payment  from the buyer. Payment of the purchase price before sending the goods is  not a deposit. 
4. According to the Act on the Registration of Sales, the seller is obliged to  issue a receipt to the buyer. At the same time, he is obliged to register the  received revenue with the tax administrator online, and in the event of a  technical failure, within 48 hours at the latest. 
5. The goods are delivered to the buyer:  

• to the address specified by the buyer in the order;  
• by means of a dispatch to the dispatch address specified by the buyer;  ● personal collection at the seller’s premises. 

9. The choice of delivery method is made during the ordering of goods.
10. The costs of delivery of goods depending on the method of dispatch and  receipt of goods are specified in the buyer’s order and in the order  confirmation by the seller. In the event that the mode of transport is  contracted on the basis of a special request of the buyer, the buyer bears the  risk and any additional costs associated with this mode of transport. 11. If, according to the purchase contract, the seller is obliged to deliver the  goods to the place specified by the buyer in the order, the buyer is obliged to  take over the goods upon delivery. In the event that for reasons on the part  of the buyer it is necessary to deliver the goods repeatedly or in another way  than specified in the order, the buyer is obliged to pay the costs associated  with repeated delivery of goods, respectively. costs associated with another  method of delivery. 
11. Upon receipt of the goods from the carrier, the buyer is obliged to check  the integrity of the packaging of the goods and in case of any defects  immediately notify the carrier. In the case of finding a violation of the  packaging indicating unauthorized entry into the shipment, the buyer does  not have to take over the shipment from the carrier. 
12. The seller will issue a tax document – invoice to the buyer. The tax  document is sent to the buyer’s e-mail address. / The tax document is  attached to the delivered goods. 
13. The buyer acquires ownership of the goods by paying the full purchase  price for the goods, including delivery costs, but first by taking over the  goods. 
14. Liability for accidental destruction, damage or loss of the goods passes  to the buyer at the time of receipt of the goods or the moment when the  buyer was obliged to take over the goods, but did not do so in violation of  the purchase contract. 
15. Withdrawal from the contract  
16. A buyer who has concluded a purchase contract outside his business as a  consumer has the right to withdraw from the purchase contract. 2. The period for withdrawal from the contract is 14 days  

• from the date of receipt of the goods;  
• from the date of taking over the last delivery of goods, if the subject of the  contract is several types of goods or the delivery of several parts;  ● from the day of taking over the first delivery of goods, if the subject of the  contract is a regular repeated delivery of goods. 

3. The buyer may not, inter alia, withdraw from the purchase contract  ● if the services were fulfilled with his prior express consent before the expiry  of the withdrawal period and the seller informed the buyer before concluding  the contract that in such a case he has no right to withdraw from the  contract;  

• the supply of goods or services, the price of which depends on the  fluctuations of the financial market independently of the will of the seller and  which may occur during the period for withdrawal from the contract; 
• on the delivery of alcoholic beverages, which can be delivered only after  thirty days and whose price depends on fluctuations in the financial market  independent of the will of the seller;  
• on the delivery of goods that have been modified according to the wishes  of the buyer or for his person; 
• the supply of perishable goods as well as goods which have been  irretrievably mixed with other goods after delivery;  
• delivery of goods in a closed package, which the buyer has removed from  the package and for hygienic reasons it is not possible to return;  ● delivery of an audio or video recording or computer program if it has  broken their original packaging;  
• delivery of newspapers, periodicals or magazines;  
• delivery of digital content, if it was not delivered on a tangible medium and  was delivered with the prior express consent of the buyer before the expiry  of the withdrawal period and the seller informed the buyer before concluding  the contract that in such a case he has no right to withdraw from the  contract;  
• in other cases specified in § 1837 of the Civil Code. 

4. In order to comply with the withdrawal period, the buyer must send a  statement of withdrawal within the withdrawal period. 
5. To withdraw from the purchase contract, the buyer may use the standard  withdrawal form provided by the seller. Withdrawal from the purchase  contract will be sent by the buyer to the e-mail or delivery address of the  seller specified in these terms and conditions. The seller will immediately  confirm to the buyer the receipt of the form. 
6. The buyer who has withdrawn from the contract is obliged to return the  goods to the seller within 14 days of withdrawal from the contract to the  seller. The buyer bears the costs associated with the return of goods to the  seller, even if the goods can not be returned due to their nature by regular  mail. 
7. If the buyer withdraws from the contract, the seller shall return to him  immediately, but no later than within 14 days of withdrawal from the  contract, all funds, including delivery costs, which he received from him, in  the same way. The seller will return the funds received to the buyer in  another way only if the buyer agrees and if he does not incur additional  costs. 
8. If the buyer has chosen a method other than the cheapest method of  delivery of goods offered by the seller, the seller shall reimburse the buyer for  the cost of delivery of goods in the amount corresponding to the cheapest  method of delivery of goods offered. 
9. If the buyer withdraws from the purchase contract, the seller is not obliged  to return the funds received to the buyer before the buyer hands over the  goods or proves that he sent the goods to the seller.
10. The goods must be returned by the buyer to the seller undamaged,  unworn and uncontaminated and, if possible, in the original packaging. The  seller is entitled to unilaterally set off the right to compensation for damage  caused to the goods against the buyer’s right to a refund of the purchase  price. 
11. The seller is entitled to withdraw from the purchase contract due to the  sale of stock, unavailability of goods, or when the manufacturer, importer or  supplier of goods has interrupted the production or import of goods. The  seller immediately informs the buyer via the e-mail address specified in the  order and returns within 14 days of notification of withdrawal from the  purchase contract all funds, including delivery costs received from him under  the contract, in the same way or in the manner specified by the buyer . 

VII. Defective performance rights  

1. The seller is responsible to the buyer that the goods are free of defects  upon receipt. In particular, the seller is responsible to the buyer that at  the time the buyer took over the goods  

• the goods have the properties agreed upon by the parties and, in the  absence of agreement, the properties described by the seller or  manufacturer or expected by the buyer advertisements made by them;  ● the goods are suitable for the purpose stated by the seller for their use  or for which goods of this type are usually used;  
• the goods correspond in quality or design to the agreed sample or  model, if the quality or design was determined according to the agreed  sample or model;  
• the goods are in the appropriate quantity, measure or weight; and  ● the goods comply with the requirements of legal regulations. 2. If the defect becomes apparent within six months of receipt of the goods  by the buyer, it is considered that the goods were defective at the time of  receipt. The buyer is entitled to exercise the right to a defect that occurs  in consumer goods within twenty-four months of receipt. This provision  shall not apply to goods sold at a lower price for a defect for which a  lower price has been agreed, to wear and tear of the goods caused by  their normal use, to second-hand goods to a defect corresponding to the  degree of use or wear the goods had when taken over by the buyer, or  this due to the nature of the goods. 

3. In the event of a defect, the buyer may submit a complaint to the seller  and request  

• an exchange for new goods;  
• repair of goods;  
• a reasonable discount from the purchase price;  
• withdrawal from the contract.

4. The buyer has the right to withdraw from the contract,  

• if the goods have a material defect;  
• if the item cannot be used properly due to the recurrence of the defect or  defects after repair;  
• in case of a larger number of defects of the goods. 

5. The seller is obliged to accept the complaint in any establishment in which  the acceptance of the complaint is possible, or in the registered office or  place of business. The seller is obliged to issue to the buyer a written  confirmation of when the buyer exercised the right, what is the content of the  complaint and what method of handling the complaint the buyer requires, as  well as confirmation of the date and method of handling the complaint,  including confirmation of repair and duration, or written justification. rejection  of the complaint. 
6. The seller or an employee authorized by him shall decide on the complaint  immediately, in complex cases within three working days. This period does  not include the time appropriate to the type of product or service required for  a professional assessment of the defect. Complaints, including the  elimination of defects, must be resolved immediately, no later than 30 days  from the date of the complaint, unless the seller and the buyer agree on a  longer period. Vain expiration of this period is considered a material breach  of contract and the buyer has the right to withdraw from the purchase  contract. The moment of claim is considered to be the moment when the  expression of the will of the buyer (exercise of the right from defective  performance) occurs to the seller. 
7. The seller informs the buyer in writing about the result of the complaint. 8. The right of defective performance does not belong to the buyer, if the  buyer knew before taking over the thing that the thing has a defect, or if the  buyer himself caused the defect. 
8. In the case of a justified complaint, the buyer has the right to  reimbursement of purposefully incurred costs incurred in connection with the  complaint. The buyer can exercise this right from the seller within one month  after the expiration of the warranty period, otherwise the court does not have  to grant it. 
9. The buyer has the choice of the method of complaint. 
10. The rights and obligations of the contracting parties regarding the rights  arising from defective performance are governed by Sections 1914 to 1925,  Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act  No. 634/1992 Coll., On Consumer Protection. 
11. Other rights and obligations of the parties related to the seller’s liability  for defects are regulated by the seller’s complaint procedure.

VIII. Delivery  

1. The Contracting Parties may communicate all written correspondence to  each other by electronic mail. 
2. The buyer delivers correspondence to the seller to the e-mail address  specified in these terms and conditions. The seller delivers correspondence  to the buyer to the e-mail address specified in his customer account or in the  order. 
3. Out-of-court dispute resolution  
4. The Czech Trade Inspection Authority with its registered office at  Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address  https://adr.coi.cz/cs . The online dispute resolution platform at http:// ec.europa.eu/consumers/odr can be used to resolve disputes between the  seller and the buyer under a purchase agreement. 
5. The European Consumer Center of the Czech Republic with its registered  office at Štěpánská 567/15, 120 00 Prague 2, internet address http:// www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU)  No. 524/2013 of the European Parliament and of the Council of 21 May 2013  on the resolution of consumer disputes online and amending Regulation (EC)  No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer  dispute resolution online). 
6. The seller is entitled to sell goods on the basis of a trade license. Trade  licensing is performed within the scope of its competence by the relevant  trade licensing office. To a limited extent, the Czech Trade Inspection  Authority also supervises compliance with Act No. 634/1992 Coll., On  Consumer Protection. 
7. Final provisions  
8. All agreements between the seller and the buyer are governed by the laws  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 consumer’s rights arising from generally binding legal regulations. 2. The seller is not bound by any codes of conduct in relation to the buyer in  the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code. 3. All rights to the seller’s website, in particular the copyright to the content,  including page layout, photos, films, graphics, trademarks, logos and other  content and elements, belong to the seller. It is forbidden to copy, modify or  otherwise use the website or any part thereof without the consent of the  seller. 
9. The seller is not responsible for errors caused by third party interventions  in the online store or as a result of its use contrary to its purpose. When  using the online store, the buyer may not use procedures that could  adversely affect its operation and may not perform any activity that could  allow him or third parties to interfere or use the software or other 

components that make up the online store and use the online store, or its  parts or software in such a way that would be contrary to its purpose or  purpose. 

5. The buyer hereby assumes the risk of a change of circumstances in the  sense of § 1765 paragraph 2 of the Civil Code. 
6. The purchase contract, including business conditions, is archived by the  seller in electronic form and is not accessible. 
7. The wording of the terms and conditions may be changed or  supplemented by the seller. This provision does not affect the rights and  obligations arising during the period of validity of the previous version of the  terms and conditions. 
8. A model form for withdrawal from the contract is attached to the terms  and conditions. 

These terms and conditions shall take effect on the 1st of July 2019