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Terms and Conditions

of Everyday Bar s.r.o.

Registered office: Soukenická 1529/26, Nové Město, 110 00 Praha 1, Czech Republic

IČO: 21646635, DIČ: CZ21646635

Email: hello@everydaybar.com

For the sale of goods through the e-shop available at the website everydaybar.com:

1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter "Terms") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter "Purchase Contract") concluded between Everyday Bar s.r.o., with its registered office at Soukenická 1529/26, Nové Město, 110 00 Praha 1, Czech Republic, IČO: 21646635 (hereinafter "Seller") and another natural person (hereinafter "Buyer") through the Seller’s e-shop. The e-shop is operated by the Seller on the website located at everydaybar.com (hereinafter "Website") via the Website’s interface.
1.2. These Terms do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person acting in the course of their business activities or independent profession. In such cases, a separate contract must be concluded prior to the purchase.
1.3. Provisions deviating from these Terms may be agreed upon in a separate contract exclusively in cases under point 1.2 above and/or if the Purchase Contract is not concluded via the Website. Deviating provisions in the Purchase Contract take precedence over these Terms.
1.4. The provisions of these Terms form an integral part of the Purchase Contract. The Purchase Contract and these Terms are drafted in the English language. The Purchase Contract can only be concluded in the English language.
1.5. The Seller may amend or supplement the wording of these Terms. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms.

2. USER ACCOUNT
2.1. Based on the Buyer’s registration on the Website, the Buyer may access their user interface. From this interface, the Buyer can place orders for goods (hereinafter "User Account"). If the Website allows, the Buyer may also place orders without registration directly through the Website’s interface.
2.2. When registering on the Website and ordering goods, the Buyer is obliged to provide accurate and truthful information. The Buyer must update the information provided in the User Account upon any changes. The Seller considers the information provided by the Buyer in the User Account and during ordering as correct. The Buyer is responsible for any claims for damages, losses, fees, costs, or expenses arising from actions based on incorrect information provided by the Buyer.
2.3. Access to the User Account is secured with a username, email address and/or password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
2.4. The Buyer is not authorized to allow third parties to use their User Account.
2.5. The Seller may cancel the User Account, particularly if the Buyer does not use it for more than one (1) year or breaches their obligations under the Purchase Contract (including these Terms).
2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly due to necessary maintenance of the Seller’s hardware and software or that of third parties.

3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentations of goods on the Website are for informational purposes only, and the Seller is not obliged to conclude a Purchase Contract for these goods. Section 1732(2) of the Civil Code does not apply. Images of individual products offered on the Website are illustrative, and the depicted shade or dimensions of the goods may differ from reality.
3.2. The Website contains information about the goods. Prices of goods include value-added tax and all related fees, except for shipping and packaging costs. Prices remain valid as long as they are displayed on the Website. This provision does not limit the Seller’s ability to conclude a Purchase Contract under individually negotiated terms.
3.3. The Website also includes information on packaging and delivery costs and the method and time of delivery. Information on packaging and delivery costs applies only when goods are delivered within Germany, Austria, Czech Republic, Slovakia and Poland. If the Seller offers free shipping, the Buyer’s right to free shipping is conditional on subscription or special deal as specified on the Website. If the Buyer partially withdraws from the Purchase Contract, the Buyer’s right to free shipping expires, and the Buyer must pay for shipping.
3.4. To order goods, the Buyer completes the order form on the Website. The order form includes, in particular, information about:
The ordered goods (the Buyer "adds" the goods to the electronic shopping cart on the Website),
The scope of the Purchase Contract, particularly whether it is a one-time purchase or a subscription for recurring deliveries of goods at a frequency or interval of 4 weeks (hereinafter "Subscription"),
The payment method for the purchase price, details of the desired delivery method, and
Information on delivery costs (collectively referred to as the "Order").
3.5. Before submitting the Order to the Seller, the Buyer can check and modify the input data, including correcting errors made during data entry. The Buyer submits the Order by clicking the "Pay Now" button. The Seller considers the data provided in the Order as correct.
3.6. Submitting the Order is considered an act by the Buyer that unequivocally identifies the ordered goods, purchase price, Buyer’s identity, payment method, and, if applicable, Subscription interval, and constitutes a binding proposal for the Purchase Contract for both parties. The validity of the Order is conditional on completing all mandatory fields in the order form, acknowledging these Terms on the Website, and the Buyer’s confirmation of having read these Terms.
3.7. The Seller will confirm receipt of the Order to the Buyer via email to the Buyer’s email address provided in the User Account or Order (hereinafter "Buyer’s Email Address"). The contractual relationship between the Seller and the Buyer arises upon delivery of the Order acceptance (acceptance), sent by the Seller to the Buyer via email to the Buyer’s Email Address.
3.8. The Seller may, depending on the nature of the Order (quantity of goods, purchase price, Subscription interval, estimated shipping costs), request additional confirmation of the Order from the Buyer (e.g., in writing or by phone).
3.9. If the Seller cannot fulfill any requirements specified in the Order, the Seller will send an amended offer to the Buyer’s Email Address, indicating possible variants of the Order and requesting the Buyer’s opinion. The amended offer is considered a new proposal for the Purchase Contract, and the Purchase Contract is concluded only upon the Buyer’s acceptance via email.
3.10. If the Purchase Contract includes a Subscription, i.e., the Seller’s recurring obligation to deliver selected goods at an interval of 4 weeks, the Buyer is correspondingly obliged to pay the purchase price for the goods repeatedly. The Order includes the Subscription interval, i.e., the frequency of deliveries. The Buyer is informed of the recurring delivery at least five (5) days before the goods are shipped, allowing the Buyer to cancel the recurring delivery if desired. The Buyer may cancel the Subscription at any time by simple notification to the email hello@everydaybar.com and/or via the User Account. If the Buyer cancels the Subscription less than one (1) day before the goods are shipped, the Buyer is obliged to accept and pay for the agreed volume of goods shipped on the next possible date (i.e., the following day). The Subscription cancellation takes effect the day following the delivery of this "final" shipment. If the Buyer cancels the Subscription on the shipping day, the Buyer must also pay the Seller a cancellation fee equal to the purchase price of one delivery under the Subscription.
3.11. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. Costs incurred by the Buyer for using remote communication means in connection with the Purchase Contract (e.g., internet or phone call costs) are borne by the Buyer and do not differ from standard rates.

4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the price of goods and any delivery costs under the Purchase Contract to the Seller only via cashless payment by credit card through the relevant payment system. Other payment methods are not available.
4.2. If the Purchase Contract involves a Subscription, the Buyer acknowledges and agrees that the purchase price payment is automatically debited on the delivery date (upon delivery or pickup by the Buyer) from the credit card used for the first Subscription delivery payment.
4.3. Along with the purchase price, the Buyer must pay the Seller the agreed packaging and delivery costs. Unless expressly stated otherwise, the purchase price includes delivery costs.
4.4. The purchase price is due upon placing the Order.
4.5. For cashless payments, the Buyer must include the variable payment symbol. The Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.
4.6. The Seller may, especially if the Buyer does not provide additional Order confirmation (Article 3.8), require payment of the full purchase price before shipping the goods. Section 2119(1) of the Civil Code does not apply.
4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined; only one discount applies per Purchase Contract.
4.8. The Seller will issue a tax document to the Buyer for payments made under the Purchase Contract. The Seller is a VAT payer. The tax document will be issued after payment of the purchase price and sent electronically to the Buyer’s Email Address.
4.9. The Buyer acknowledges that payment of the purchase price may also be subject to the terms and conditions of payment service providers, particularly the bank facilitating the cashless transfer and the conditions of individual payment gateways.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that, under Section 1837 of the Civil Code, withdrawal from a Purchase Contract is not possible, among other cases, for the delivery of:
Goods subject to rapid spoilage or with a short shelf life, as well as goods that, due to their nature, are irreversibly mixed with other goods after delivery,
Food, beverages, or other everyday consumables delivered physically by the Seller to the Buyer’s household, residence, or workplace through frequent and regular deliveries, and
Goods in sealed packaging, which, for health or hygiene reasons, are not suitable for return after the Buyer has opened them.
Given that all goods offered by the Seller through the Website (collagen protein bars) fall under the above categories, the Buyer cannot withdraw from the Purchase Contract within the statutory 14-day period.
5.2. The above provision does not preclude the Buyer’s right to close their User Account at any time or to terminate a Subscription under the conditions specified in Article 3.10 of these Terms.
5.3. If other goods are offered through the Website that do not fall under Article 5.1 or other cases where withdrawal is not possible, the Buyer, in accordance with Section 1829(1) and (2) of the Civil4230 Code, has the right to withdraw from the Purchase Contract within fourteen (14) days from the date the Buyer or a third party designated by the Buyer (other than the carrier) takes delivery of:
The last item of goods, if the Buyer orders multiple items within one order that are delivered separately,
The last item or part of a delivery consisting of multiple items or parts, or
The first delivery of goods, if the contract stipulates regular deliveries for an agreed period.
5.4. In case of withdrawal, the Buyer shall send the returned goods and the invoice proving the purchase to the Seller’s address in any format indicating the Buyer’s intent to withdraw. Withdrawal must be sent to the Seller within the period specified in Article 5.3.
5.5. Upon withdrawal, the Purchase Contract is canceled from the outset. The Buyer shall return the goods to the Seller without undue delay, no later than fourteen (14) days from withdrawal, unless the Seller offers to collect the goods. The deadline is met if the Buyer sends the goods before its expiry.
5.6. If the Buyer withdraws within the above period, the Seller shall refund the funds received within thirty (30) days of withdrawal, using the same payment method as received. The Seller may also refund the payment upon return of the goods or otherwise, if agreed by the Buyer and without additional costs. The Seller is not obliged to refund until the goods are received or the Buyer proves the goods were sent back, whichever occurs first.
5.7. If the Buyer withdraws, they bear the costs of returning the goods, even if the goods cannot be returned via regular postal services due to their nature.
5.8. The Seller may unilaterally offset claims for damages to the goods against the Buyer’s claim for a refund, in accordance with Section 1833 of the Civil Code, whereby the Buyer is liable for any reduction in the goods’ value resulting from handling beyond what is necessary to ascertain their nature, properties, and functionality. The Buyer acknowledges that the only permitted handling is that which would be allowed in a physical store. The Buyer also acknowledges that the nature of the goods (collagen protein bars) does not allow opening sealed packaging for hygiene reasons.
5.9. If the Buyer has the right to withdraw under Section 1829(1) of the Civil Code, the Seller may also withdraw from the Purchase Contract at any time until the Buyer takes delivery of the goods. In such cases, the Seller shall refund the purchase price without undue delay to an account designated by the Buyer.
5.10. If a gift is provided with the goods, the gift agreement is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift agreement becomes void, and the Buyer must return the gift along with the goods.

6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the delivery method is based on the Buyer’s special request, the Buyer bears the risk and any additional costs associated with this method.
6.2. If the Seller is obliged to deliver the goods to a place specified by the Buyer in the Order, the Buyer must accept the goods upon delivery.
6.3. If, due to reasons on the Buyer’s side, the goods must be delivered repeatedly or in a different manner than specified in the Order, the Buyer shall cover the costs of repeated delivery or the alternative delivery method.
6.4. Upon receiving the goods from the carrier, the Buyer must check the integrity of the packaging and immediately notify the carrier of any defects. If the packaging shows signs of unauthorized tampering, the Buyer is not obliged to accept the shipment. This does not affect the Buyer’s rights regarding liability for defective goods or other legal rights.
6.5. Additional rights and obligations regarding the transport of goods may be governed by the Seller’s special delivery conditions, if issued.

7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations regarding defective performance are governed by relevant legal regulations, particularly Sections 1914–1925, 2099–2117, and 2161–2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.2. The Seller is liable to the Buyer that the goods are free from defects upon receipt. Specifically, the Seller is liable that the goods:
Match the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties,
Are suitable for the purpose requested by the Buyer and agreed by the Seller, and
Are delivered with the agreed accessories and instructions, including assembly or installation instructions, if applicable.
7.3. The Seller is also liable that, in addition to the agreed properties:
The goods are suitable for the usual purpose of such goods, considering third-party rights, legal regulations, technical standards, or industry codes of conduct (if no technical standards exist),
The goods meet the usual quantity, quality, and other properties, including durability, functionality, compatibility, and safety, that the Buyer can reasonably expect, considering public statements by the Seller or others in the supply chain (e.g., advertising or labeling), unless the Seller proves they were unaware of the statement, it was corrected comparably, or it could not have influenced the purchase decision,
The goods are delivered with accessories, including packaging and instructions, that the Buyer can reasonably expect, and
The goods match the quality or design of any sample or model provided by the Seller before the Purchase Contract.
7.4. Article 7.3 does not apply if the Seller specifically informed the Buyer before concluding the Purchase Contract that a property of the goods differs and the Buyer expressly agreed.
7.5. The Buyer acknowledges that the goods (collagen protein bars) are consumable items with a limited shelf life. The shelf life and storage conditions are indicated on the goods. Failure to comply with storage conditions voids the Buyer’s rights from defective performance under this article.
7.6. The Seller provides a quality guarantee for the goods corresponding to the shelf life or minimum durability date indicated on the goods. If a defect appears during this period, the goods are presumed defective upon receipt, unless the nature of the goods or defect excludes this or the defect was caused by the Buyer. This period is suspended while the Buyer cannot use the goods due to a legitimate defect claim. The Buyer may report a defect appearing during the warranty period.
7.7. If the goods are defective, the Buyer may request their repair or replacement, unless the chosen method is impossible or disproportionately costly compared to the alternative, considering the defect’s significance, the goods’ value without the defect, and whether the alternative method can resolve the issue without significant inconvenience to the Buyer. The Seller may refuse to remedy the defect if it is impossible or disproportionately costly, considering the defect’s significance and the goods’ value.
7.8. The Seller shall remedy the defect within a reasonable time after it is reported, minimizing inconvenience to the Buyer, considering the goods’ nature and purpose. The Seller shall cover the costs of remedying the defect.
7.9. The Buyer may request a reasonable discount or withdraw from the Purchase Contract if:
The Seller refuses or fails to remedy the defect in accordance with Article 7.8,
The defect reoccurs,
The defect constitutes a material breach of the Purchase Contract, or
It is evident from the Seller’s statement or circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer.
7.10. The Buyer cannot withdraw from the Purchase Contract for a non-material defect; a defect is presumed material unless it is merely aesthetic damage to the packaging. Upon withdrawal, the Seller shall refund the purchase price without undue delay after receiving the goods or proof of their return.
7.11. As the Seller currently has no physical store other than its registered office, complaints must be submitted at the Seller’s registered office or via email at hello@everydaybar.com. The Seller shall issue a written confirmation of the complaint, including the date, content, requested resolution, and the Buyer’s contact details for updates.
7.12. Complaints, including defect remedies, must be resolved, and the Buyer informed within thirty (30) days of the complaint, unless a longer period is agreed with the Buyer.
7.13. If the deadline in Article 7.12 expires without resolution, the Buyer may withdraw from the Purchase Contract or request a reasonable discount.
7.14. The Seller shall issue a confirmation of the complaint’s resolution date and method, including repair details and duration, or a written justification for rejecting the complaint.
7.15. Those entitled to rights from defective performance are also entitled to reimbursement of reasonably incurred costs. If not claimed within one month after the defect reporting deadline, the court will not grant this right if the Seller objects to the late claim.
7.16. Beyond the legal rights in Article 7.6, the Seller does not provide additional quality guarantees.

8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer acquires ownership of the goods upon full payment of the purchase price.
8.2. The Seller is not bound by any codes of conduct under Section 1820(1)(n) of the Civil Code.
8.3. Consumer complaints are handled via email at hello@everydaybar.com. The Seller will send information on complaint resolution to the Buyer’s Email Address. No other complaint handling rules are set by the Seller.
8.4. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, website: https://adr.coi.cz/cs, is responsible for out-of-court resolution of consumer disputes from the Purchase Contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the Seller and the Buyer.
8.5. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No. 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes.
8.6. The Buyer may address complaints to supervisory or state authorities. The Seller is authorized to sell goods based on a trade license. Trade inspections are conducted by the relevant trade licensing office. Personal data protection is supervised by the Office for Personal Data Protection. The Czech Trade Inspection Authority oversees compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended, within its scope.
8.7. The Buyer assumes the risk of a change in circumstances under Section 1765(2) of the Civil Code.

9. DELIVERY
9.1. Notices are delivered to the relevant contact address of the other party and are considered delivered and effective upon delivery via mail, except for withdrawal notices by the Buyer, which are effective if sent within the withdrawal period, including electronically.
9.2. Notices are also considered delivered if refused by the recipient, not collected within the storage period, or returned as undeliverable.
9.3. The parties may deliver regular correspondence via email to the Buyer’s Email Address or the Seller’s address listed on the Website.

10. FINAL PROVISIONS
10.1. If the relationship established by the Purchase Contract contains an international element, the parties agree that it is governed by Czech law. This choice does not deprive a consumer Buyer of protections under legal provisions that cannot be contractually deviated from and would otherwise apply under Article 6(1) of Regulation (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.2. If any provision of these Terms is invalid or ineffective, it will be replaced by a provision closest in meaning to the invalid one. The invalidity of one provision does not affect the validity of others.
10.3. The Purchase Contract, including these Terms, is archived by the Seller in electronic form and is not accessible.
10.4. The Seller’s contact details are provided in the header of these Terms.