Terms and Conditions
TERMS AND CONDITIONS OF THE MOFRELI STORE
for the purchase of products in the form of digital content from the MOFRELI online store at the website www.mofreli.com, operated by:
trading company
FML company s.r.o.
with registered office at Kaprova 42/14, Staré Město, 110 00 Prague
identification number: 144 00 405
registered in the commercial register maintained by the Municipal Court in Prague under no. stamp C 365116
(hereinafter referred to as "seller")
1. INTRODUCTORY TERMS
1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") of the seller regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection or on the basis of a purchase contract or contract for the supply of digital content (hereinafter referred to as the "purchase contract") concluded between the seller and the consumer (hereinafter referred to as the "buyer") via the seller's online store.
1.2. The online store is operated by the seller on a website located at the Internet address http://www.mofreli.com/ (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").
1.3. The terms and conditions apply to cases where a person who intends to purchase goods from the seller (hereinafter referred to as the "buyer"),
1.3.1. is a legal entity or a person who acts when ordering goods as part of his business activity or as part of his independent performance of a profession;
1.3.2. by the end consumer, i.e. a natural person.
1.4. The content of the purchase contract is the delivery of goods or digital content to the buyer (hereinafter referred to as "goods" or "goods or digital content").
1.5. 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.
1.6. By sending the order and confirming it in the web interface, the buyer simultaneously confirms that he accepts these terms and conditions and that he has read them.
2. CONTACT INFORMATION OF THE SELLER
2.1. Address for delivery: Příčná 1892/4, Nové Město, 110 00 Prague
2.2. Email address: info@mofreli.com
3. CONCLUSION OF PURCHASE CONTRACT
3.1. Based on the buyer's registration on the website, the buyer can access his user interface (hereinafter referred to as the "user account"). The buyer can order goods from his user account. If the web interface of the store allows it (this may change over time), the buyer can also order goods without registration and without his user account, directly from the web interface of the store.
3.2. When registering on the website in the web interface and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change, before placing the next order. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
3.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
3.4. The buyer is not authorized to allow the use of the user account by third parties.
3.5. The seller can cancel the user account, especially if the buyer does not use his user account for more than a year, or if the buyer violates his obligations under the purchase contract (including the general terms and conditions).
3.6. 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 necessary maintenance of hardware and software equipment of third parties.
3.7. To order a product or goods, the buyer can fill out the order form in the store's web interface without the need for registration.
4. PERSONAL DATA PROCESSING, ITS PROTECTION AND USE
4.1. Ordering (purchasing) digital content sold using the web interface of the website www.mofreli.com is conditional on the provision of some personal data and other data, namely:
4.1.1. name and surname;
4.1.2. contact address, or also the billing address, if it differs from the contact address;
4.1.3. e-mail address of the buyer;
4.1.4. phone number.
4.2. If the buyer is an entrepreneurial natural person or legal entity, in addition to the personal data listed in paragraph 1 above, also
4.2.1. Company name;
4.2.2. ID number;
4.2.3. TIN. (or VAT number)
4.3. More detailed terms of personal data protection are dealt with in our personal data protection policy.
5. DEFINITION OF GOODS AND PRODUCTS SOLD
5.1. Prodávající na internetovém obchodě www.mofreli.com prodává digitální obsah, tj. digitální dokumenty, např. dokumenty ve formátech:
5.1.1. microsoft office word – *.docx,
5.1.2. microsoft office excel – *.xlsx,
5.1.3. microsoft office powerpoint – *.pptx;
5.1.4. portable document format – *.pdf;
5.1.5. photos in formats such as JPG, PNG;
5.1.6. videos in formats such as *.mov, *.mp4;
5.1.7. some others.
5.2. In paragraph 4.1. the mentioned documents will be referred to in the text as sold digital content or goods or products.
5.3. The digital content sold is a copyrighted work. More detailed terms of use of the digital content sold are set out in Article 12 of these terms and conditions "License agreement" for the purchased goods.
5.4. The digital content sold is related to the issue of a healthy lifestyle, diet and healthy human movement and exercise. In particular, these are:
5.4.1. Menu suggestions
5.4.2. Diet composition
5.4.3. Recommended physical activity
5.5. The digital content sold are mainly general recommendations and rules based on the gender of the buyer, which are generally suitable for the majority of the population of the given physical gender.
5.6. All digital content is edited or authorized by a person with experience in the field of nutrition and exercise education.
5.7. The seller points out that he is not a doctor, he does not know the medical records and health status of a specific buyer or his genetic or medical predispositions. If the buyer suffers from any indisposition, the seller does not guarantee the effectiveness or suitability of the digital content for that buyer.
5.8. The seller recommends that buyers with medical indispositions consult the recommendations contained in the digital content with a professional doctor.
5.9. The seller is in no way responsible for damages caused by the use of the digital content sold, its misinterpretation or for other damages caused by the use of the purchased digital content.
6. BASIC INFORMATION
6.1. The information about the digital content sold and the price stated by the seller are binding, except for an obvious error. Prices are presented including all taxes (e.g. VAT) and fees.
6.2. Acceptance of an offer with an amendment or variation is not an acceptance of the offer.
6.3. Acceptance of unsolicited performance by the buyer does not mean acceptance of the offer.
6.4. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provision of § 1732, paragraph 2 of the Civil Code shall not apply.
6.5. The store's web interface contains information about goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
7. PURCHASE OF DIGITAL CONTENT AND CONCLUSION OF THE PURCHASE CONTRACT
7.1. Procedure of the buyer, when purchasing goods:
7.1.1. the buyer, using the web interface of the store, selects the desired goods that he wants to purchase;
7.1.2. the buyer will obtain the necessary information about the goods using the web interface of the store, in particular information about the price of the goods, the description of the goods, the document format and some others;
7.1.3. the buyer puts the selected goods into the virtual shopping basket of the store's web interface using the "Add to cart" button;
7.1.4. after adding the goods to the cart, the buyer can:
7.1.4.1. continue shopping or;
7.1.4.2. order and purchase the selected goods by clicking on the cart icon and thus entering the cart or checkout;
7.1.4.3. the buyer sees an overview of the selected goods for purchase in the basket and can edit it here, i.e. in particular delete the goods or some of the goods and can also move from the basket to the checkout;
7.1.5. the buyer on the checkout page, when ordering goods, proceeds according to the instructions of the web interface of the store and gradually in particular:
7.1.5.1. enters details if the buyer is not already logged into user account;
7.1.5.2. enters contact and billing information;
7.1.5.3. chooses a payment method;
7.1.5.4. confirms that he has familiarized himself with these terms and conditions;
7.2. before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order.
7.3. the buyer sends the order to the seller by clicking the "Order" button on the checkout page. The data provided in the order is considered correct by the seller.
7.4. Sending the order is considered to be an act of the buyer that unambiguously identifies the ordered goods, the purchase price, the person of the buyer, the payment method and is a binding draft of the purchase contract for the contracting parties. The condition for the validity of the order is the filling in of all mandatory data in the order form on the checkout page, familiarization with these terms and conditions on the website and confirmation by the buyer that he has become familiar with these terms and conditions. An order that is sent with obvious errors, either on the seller's side (e.g. incorrectly stated price) or on the buyer's side (e.g. incorrectly stated invoicing data) is not considered valid, and thus the draft purchase contract is also considered invalid.
7.5. After receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as "the buyer's e-mail address")
7.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (e.g. in writing, by email or by phone).
7.7. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance) to the buyer, which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer, which he entered on the checkout page.
7.8. In the event that the seller cannot fulfill any of the requirements stated in the order, he will send the buyer to the buyer's e-mail address an amended offer indicating possible variants of the order and request the buyer's opinion.
7.9. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case only upon acceptance by the buyer via e-mail.
7.10. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.
7.11. If the buyer is a consumer, by sending the order, he gives explicit consent to the provision of digital content before the expiry of the withdrawal period.
7.12. The purchasing consumer acknowledges that by granting consent according to the previous paragraph, his right to withdraw from the contract according to § 1837 letter l) of the Civil Code.
8. PRICE OF GOODS AND PAYMENT TERMS
8.1. The buyer is obliged to pay in advance for the goods or digital content sold.
8.2. The price of the goods or digital content and any costs associated with the delivery of the goods or digital content according to the purchase contract can be paid by the buyer to the seller in the following ways:
8.2.1.non-cash, by bank transfer to the seller's account 2402172584/2010 (hereinafter referred to as the "seller's account");
8.2.2. the buyer transfers the exact amount (= price of goods) to the seller's account;
8.2.3. the buyer identifies the bank transfer by the variable symbol shown on the invoice (the link to download the invoice will be received by the buyer in the order confirmation email from the seller).
8.2.4.non-cash (online transfer, card payment), through the payment gateway Paypal.
8.3. In the case of non-cash payment, the purchase price is payable within 3 working days from the conclusion of the purchase contract. If the buyer does not pay the purchase price by the due date after accepting the order, this fact is considered a withdrawal from the contract by the buyer.
8.4. 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 account.
8.5. The seller issues a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is not the payer of value added tax. Tax document – the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.
9. DELIVERY OF DIGITAL CONTENT TO BUYER
9.1. After receiving the full payment from the buyer, without undue delay, but within 10 days at the latest (email with digital content is sent automatically, immediately after crediting the payment to the seller's account, 10 days is set as the seller's protection period, especially in case of technical problems of the website or when performing website maintenance), the seller will send an email to the buyer's email address with the purchased and sold digital content.
9.2. If the file containing the digital content does not work, the buyer is obliged to immediately inform the seller about this fact, who will remedy the situation and send the buyer a new file with digital content without undue delay or deliver the goods or digital content to him in another form. The buyer is obliged to proceed in the same way even in cases where he did not receive the email with the file containing the digital content at all. This can only happen in exceptional cases of technical problems.
9.3. If the buyer informs the seller after the expiration of 30 days from the day of payment of the goods about the non-functionality of the file with digital content or about the fact that this file was not sent to him at all, he loses the right to the purchased and sold digital content. In such a case, the seller is not obliged to return to the buyer the price paid for the purchased and sold digital content.
10. CLAIMS AND RIGHTS FROM DEFECTIVE PERFORMANCE
10.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (in particular, the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
10.2. The seller is responsible to the buyer that the goods or digital content 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 or digital content:
10.2.1. the goods or digital content have properties that the parties have agreed upon, and in the absence of an agreement, they have such properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods or digital content and on the basis of the advertising carried out by them,
10.2.2. the goods are suitable for the purpose for which the seller states their use or for which the goods or digital content of this kind is usually used,
10.2.3. is goods or digital content in an appropriate quantity or measure.
10.3. If the purchased digital content is not properly made available to the buyer (received the document via e-mail under the conditions stated above), the buyer can make a complaint to the email address: info@mofreli.com.
10.4. The complaint does not apply to cases where it was not possible to download (save) the purchased digital content due to defects on the part of the buyer (e.g. malfunctioning Internet connection, insufficient disk capacity, etc.).
11. WITHDRAWAL FROM THE PURCHASE CONTRACT
11.1. By purchasing the sold digital content provided electronically (email with the file in question), the buyer acknowledges that in accordance with the provisions of § 1824a, § 1828, § 1829, § 1837 of the Civil Code, he granted in accordance with section 7.11. and 7.12. of these terms and conditions, consent to the delivery of digital content before the expiry of the withdrawal period, and therefore that immediately after receiving the email with the file containing the purchased and sold digital content, loses the right to withdraw from the purchase contract.
12. LICENSE AGREEMENT
12.1. The purchased and sold digital content can be used under the conditions and for the purposes stated in this article, unless other conditions are stipulated by the partial license available on the website www.mofreli.com for the offered goods. A valid license is always provided with the purchased digital content.
12.2. By purchasing the digital content sold, the buyer does not acquire an exclusive license to use it, i.e. the purchased digital content will still be available for purchase by other buyers on the seller's website.
12.3. By concluding a purchase contract (by sending an order from the buyer to the cash register), the seller and the buyer agree on a contractual penalty, in accordance with § 2048 et seq. Act No. 89/2012 Coll., Civil Code as amended. The buyer is obliged to pay the contractual penalty to the seller in cases where the buyer violates the license agreement specified in this article, regardless of the extent of such violation in the manner,
12.3.1. when the purchased digital content is further distributed outside the terms of the license agreement;
12.3.2. when the purchased digital content is further distributed and published as its own outside the terms of the license agreement.
12.4. he contractual penalty is set in the amount of:
12.4.1. 15 times the price of the purchased digital content at the time of the purchase in which the violation occurred, in the case according to point 12.3.1 above;
12.4.2. 1000 times the amount of the price of the purchased digital content at the time of purchase in which the violation occurred, in the case according to point 12.3.2 above.
12.5. The contractual penalty does not exclude the seller's claim to compensation for damage caused by the buyer's actions in accordance with this article
13. GENERAL TERMS FOR DELIVERY OF DIGITAL CONTENT
13.1. The purchased digital content cannot be used for commercial purposes without the express prior consent of the seller.
13.2. Public distribution of purchased digital content is prohibited, either for a fee or for free. Public dissemination is understood in particular:
13.2.1. placing purchased digital content on:
13.2.1.1. public repositories, without password protection, which are known only to specific designated persons, including foreign websites and so-called torrents;
13.2.1.2. social networks (e.g. Facebook, Twitter, Google+, etc.);
13.2.2. sale or offer of purchased digital content in public databases, such as in the store www.mofreli.com
13.2.3. posting on public photobanks and other types of websites where the digital content would be accessible to the general public;
13.2.4. mass provision of purchased digital content to other persons, especially when organizing mass events (e.g. lectures, trainings, courses, etc.) as advertising or support materials for participants of such events;
13.2.5. other means of dissemination where the purchased digital content would be accessible to the general public.
13.3. Exceptions to the provisions of paragraph 13.2. are possible only with the prior consent of the seller and usually under special price conditions, different from the provisions of Article 8 of these terms and conditions.
14. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
14.1. The buyer acquires the right to use the goods, under the conditions set by these terms and conditions, by paying the full purchase price of the goods.
14.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of § 1826 of the Civil Code.
14.3. Out-of-court handling of consumer complaints is provided by the seller via the electronic address info@mofreli.com. The seller will send information about handling the buyer's complaint to the buyer's email address.
14.4. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
15. REWARD SYSTEM
15.1. In an email according to Article 9 of these terms and conditions, the seller will send a unique promo code (hereinafter referred to as the "promo code") to each buyer along with the digital content.
15.2. Each of the buyers is entitled to recommend the seller's goods or digital content to other potential buyers.
15.3. Each of the buyers (hereinafter also referred to as a "referrer") who further recommends goods or digital content of the seller to other buyers (hereinafter also referred to as a "recommended buyer") is entitled to a reward in accordance with the provisions of this article, provided that the following conditions are met :
15.3.1. The recommended buyer places an order for goods or digital content of the seller in accordance with these terms and conditions,
15.3.2. When filling out the order form in the seller's web interface, the recommended buyer will properly enter the correct promo code of the referrer,
15.3.3. In accordance with these terms and conditions, the recommended buyer shall duly pay the purchase price of the ordered goods or digital content,
15.3.4. The ordered goods or digital content have been delivered to the referred buyer, whereby the referred buyer loses the right to withdraw from the contract in accordance with these terms and conditions.
15.4. The reward amount for each individual referral under this article is $50.
15.5. The total amount of rewards paid by the selling referrer linked to his promo code cannot exceed the amount of the purchase price paid by the referrer for his own order to which the promo code applies.
15.6. n order to claim the reward, the referrer who is entitled to payment of the reward according to this article is obliged to send the seller a request for the payment of the reward for the referral by email (hereinafter referred to as "request for payment").
15.7. After receiving the payment request in his email, the seller will check the fulfillment of the conditions according to this article.
15.8. In the event that all the conditions for the referral's entitlement to payment of the reward are fulfilled, the seller will pay the reward to the referrer by non-cash transfer to the bank account specified by the referrer in the payment request, within 30 days from the date of delivery of the request for payment or from the date of fulfillment of the conditions for the payment entitlement to the payment of remuneration, which arose only after the application was delivered.
15.9. On the day of payment of the reward for the referral, the seller will send a confirmation of the payment of the reward to the referrer by email together with the credit note of the issued invoice.
16. SENDING COMMERCIAL MESSAGES
16.1. The buyer who, when registering a user account in the web interface of the store or before sending an order without registration, gave consent - signed up to receive news and receive special offers from store partners, agrees to send information related to the seller's goods, services or company to the buyer's e-mail address and also agrees to the sending of business communications by the seller to the buyer's e-mail address. This consent can be revoked by the buyer at any time by sending a request to cancel the sending of commercial communications to the seller's email address info@mofreli.com.
16.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can revoke the consent according to the previous sentence at any time.
17. DISPUTE SETTLEMENT
17.1. Mutual disputes between the seller and the buyer are resolved by the general courts in the Czech Republic.
17.2. According to Act No. 634/1992 Coll., on consumer protection, as amended, the buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute from a purchase contract or from a contract for the provision of services. The entity that is authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection. More information is available on the website www.coi.cz.
17.3. An out-of-court settlement of a consumer dispute is initiated exclusively at the consumer's suggestion, and only if the dispute could not be resolved directly with the seller. The proposal can be submitted no later than 1 year from the day the consumer exercised his right, which is the subject of the dispute, with the seller for the first time.
17.4. The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.
17.5. Supervision of compliance with obligations under Act No. 634/1992 Coll., on consumer protection, as amended, is carried out by the Czech Trade Inspection (www.coi.cz).
18. FINAL ARRANGEMENTS
18.1. Other matters not mentioned here are governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legal regulations, as amended by later legal regulations.
18.2. The contract and related issues are governed by Czech law.
18.3. Changes to business conditions in a form other than mutually agreed upon in writing are excluded.
18.4. These terms and conditions are effective from 1.10.2023.