1.1. The Terms and Conditions regulate the rights and obligations between X-Zone Ltd, with its registered office at X-Zone LLc, New York Central depo 101135 P:O:B: 69 / US ID number: 08-098-01545720 (hereinafter referred to as the “Seller”) and a natural person or legal entity that buys the offered goods through the website penispowerspray.com (hereinafter referred to as the “Website”) or by telephone /1-646-351-8636/(hereinafter referred to as the “Buyer”). For the purposes of these Terms and Conditions, “goods” means the products offered for sale, which the Seller posts on the Website.
1.2. For the contractual relationship between the Seller and the Buyer, who is not a consumer (Section 2, Par. 1 letter a) of Act No. 250/2007 Coll. on Consumer Protection as amended) Art. 6, 7 and 8 of the Terms and Conditions shall not apply. Legal relations between the Contracting Parties mentioned in the previous sentence, which are not regulated by the Conditions, are governed by the provisions of Act No. 513/1991 Coll. of the Commercial Code as amended. The provisions of Act 102/2014 Coll. on consumer protection in the sale of goods or provision of services on the basis of a contract concluded at a distance or a contract concluded outside the premises of the Seller and on the amendment of certain laws apply to the contractual relationship between the Seller and the Buyer – Consumer, which is not regulated by these General Terms and Conditions.
Closing of the Contract
2.1 The Buyer is obliged to send the proposal for closing the Contract (order) to the Seller using the electronic form located on the Website. The Buyer specifies the quantity and type of goods and the method of delivery in the order. The Buyer is obliged to state their name and surname, telephone number, address, or e-mail address. By clicking on the “send order” icon, the Buyer will send the order to the Seller. The delivery of the goods to the Buyer will suffice to close the purchase contract.
2.2 The Seller is obliged to send the Buyer a confirmation of receipt of the order via SMS to the telephone number specified in the order form within 3 days of receipt of the order. The Contract is closed when the Buyer receives confirmation of receipt of the order by the Seller.
2.3 Until the moment of delivery of the notification of receipt of the order to the Buyer, the Buyer is entitled to cancel the order.
2.4 Since the publication of the goods on the Website, the Seller is bound by the Terms and Conditions of their sale.
2.5 The Buyer is obliged to send any other electronic communication in connection with the rights and obligations of the Contracting Parties to the Seller to the e-mail address email@example.com.
Purchase Price, Cost of Delivering the Goods
3.1 The Contracting Parties have agreed that the Buyer buys goods from the Seller at the price stated on the Website at the time of sending the order to the Seller, as the purchase price of the goods.
3.2 Unless otherwise stated, the stated prices do not include packaging and shipping costs.
3.3 The sale is made by cash on delivery. The purchase price and costs associated with the delivery of goods are payable at the time of delivering the goods to the Buyer, unless the Terms and Conditions provide otherwise.
3.4 The invoice, which also serves as a delivery note and proof of purchase, will be delivered to the Buyer in the package together with the goods.
3.5 Payments by money order are considered fulfilled only after their payment.
Delivery of Goods
4.1 The place of collection (hereinafter only the place of destination) is determined according to the Buyer’s order. Transport to the destination is provided by the Seller at the request of the Buyer in the order form. In the event that the Buyer specifies in the order form a destination in a country outside the USA, the Seller will provide the Buyer with a courier service in the order form, which will deliver the goods to the destination. The Buyer acknowledges that they are responsible for compliance with the conditions of delivery of the goods ordered by them to the destination in accordance with the legislation of the country.
4.2 The Seller accepts orders for goods every day and processes them every day until 3:00 PM. The goods are dispatched every working day, while the deadline for delivery of goods is usually 3-4 working days. The delivery time is extended mainly in the event of unforeseen events. The Buyer is not entitled to claim damages in connection with the Seller’s failure to meet the delivery deadline.
4.3 The Seller informs the Buyer about the sending of the goods by SMS at the telephone number specified in the order by the Buyer.
4.4 The Buyer is obliged to take over the goods properly and on time. Upon receipt of the goods, the Buyer is obliged to check the integrity of the packaging, tape or seal and possible damage to the packaging of the goods or tape or immediately notify the courier or other person delivering the goods about the seal. Upon receipt of the goods, the Buyer is further obliged to check whether the contents of the package correspond to their order in terms of quantity and characteristics and whether the goods do not contain obvious defects. In the event of non-compliance of the delivered goods with the order or in the case of the existence of obvious defects of the goods, the Buyer is obliged to note this fact in writing in the delivery note.
4.5 If the damage or partial loss of the goods is not apparent upon receipt, the Buyer is obliged to notify the Seller and the carrier of the damage without undue delay, but no later than three (3) working days from the date of delivery of the goods. On the next working day after the notification of the occurrence of the damage, the Courier’s representative and the Buyer record the damage. After receiving the damage report, the Buyer is entitled to claim defects in the goods caused by its damage or partial loss to the Seller.
4.6 Delivery is made in packaging ensuring discretion for the Buyer.
Liability for Damage to Goods, Retention of Ownership
5.1 The risk of damage to the goods passes to the Buyer at the time of receipt of the goods at the destination. The receipt of the goods will be confirmed by the Buyer upon receipt of the shipment.
5.2 The goods become the property of the Buyer by confirming the order.
Warranty, Defects of Goods, Complaints, Service
6.1 The Seller provides a warranty for the goods for a period of twenty-four (24) months or until the expiry date stated on the packaging by the manufacturer.
6.2 The warranty does not cover defects of the goods caused by their use contrary to the purpose of use or instructions given in the instructions for use, mechanical damage, exposure of the goods to dangerous effects of thermal and/or electromagnetic radiation, weather and environmental influences (humidity, dust, direct sunlight, radiation, vibration), mechanical damage and unauthorized interference with the goods.
6.3 When asserting claims for liability for defects, the Buyer is obliged to submit proof of purchase of goods (invoice/proof of payment) and to notify the Seller in writing about the nature of the defect of the goods. The Buyer is obliged to hand over the goods together with the accessories. In the case of sending the goods, the Buyer is obliged to perform all actions necessary to protect the goods from damage during transport.
6.4 In the case of a defect that can be rectified, the Buyer has the right to have it rectified free of charge, in a timely and proper manner. The Seller is obliged to eliminate the defect without undue delay. Instead of eliminating the defect, the Buyer may request an exchange of the item, or if the defect concerns only a part of the item, a replacement of the part, if the Seller does not incur disproportionate costs due to the price of the goods or the severity of the defect. The Seller may always replace the defective item with a perfect one instead of eliminating the defect, if it does not cause serious difficulties for the Buyer.
6.5 If the Seller finds (by testing) that the claimed product is not defective or does not meet the criteria of the manufacturer for a warranty claim, the complaint is considered unjustified and the claimed product will be returned to the Buyer. In relation to the Buyer, the Seller reserves the right to demand reimbursement of costs incurred in connection with an unjustified complaint.
Withdrawal from the Contract
7.1 In the case of irreparable defects, the Buyer is entitled to a reasonable discount on the price of the goods.
7.2 If it is a defect that cannot be remedied and which prevents the goods from being properly used as an item without defects, the Buyer has the right to exchange the goods or is entitled to withdraw from the Contract. The same rights belong to the Buyer in the case of remediable defects if the Buyer cannot properly use the item due to the recurrence of the defect after repair or for a larger number of defects. The Buyer is entitled to withdraw from the Contract concluded remotely or from the Contract concluded outside the premises of the Seller within 14 days from the date of receipt of the goods, provided that the goods are not used, are in the original sealed original packaging and are not damaged, or incomplete in the form of an insured consignment; the Buyer is obliged to send the goods back to the Seller no later than 14 days from the date of withdrawal from the Contract.
7.3 However, the Buyer may not withdraw from the Contract in the case of goods that are not suitable for return due to health protection or hygienic reasons and whose packaging was damaged after delivery of the goods and/or the goods within used by the Buyer. In the case of goods / products that the Seller marked “GUARANTEE” and in which the Customer is not entitled to withdraw from the contract with reference to the previous sentence, and if such goods did not meet the Consumer’s expectations, the following applies: Provided that the product / the goods are consumed to the maximum extent of 50%, the Customer is entitled to return the product, while being entitled to a 100% return of the product in the form of a voucher from the Seller, which the Consumer is entitled to use to purchase any product offered by the Seller. The Consumer may exercise the right to return the goods according to the previous sentence within 14 days from the date of receipt of the consignment with the goods, in which case the voucher is valid for 30 days from the date of exercising the right to return the goods. At the same time, the Customer is obliged to return the goods within the specified 14-day period in the original packaging, with the filled in return form for the goods and the original invoice from the purchase.
7.4 Upon terminating the contract in accordance with these General Terms and Conditions, the Seller shall issue a credit note to the Buyer in the amount of the purchase price of the goods on the day of purchase.
7.5 In the event that the Seller is unable to fulfill the Contract because they cannot deliver the ordered goods, they are obliged to immediately inform the Buyer no later than 14 calendar days on returning the price paid for the goods. The Buyer is not entitled to reimbursement of costs incurred in ordering the goods.
7.6 Withdrawal from the contract must be notified by the Buyer in writing in the form of an email together with the relevant filled in form, which he/she will send to firstname.lastname@example.org. Withdrawal from the purchase contract must include the identification of the Buyer, the number and date of the order, the exact specification of the goods, the reason for returning the goods (including a description of the defect), the way the Seller is supposed to return the already accepted contract’s performance, especially the account number. Along with the withdrawal from the purchase contract with the relevant filled in form, the Buyer is obliged to deliver the goods to the Seller together with original purchase invoice and proof of payment, etc.
7.7 Upon delivery of the notice of withdrawal from the contract to the other contracting party in accordance with these General Terms and Conditions, the contract is terminated. The contracting parties are obliged without undue delay to return the services they have provided to each other based on the contract.
7.8 In the event that the goods specified in clause 7.3 of these General Terms and Conditions are not the goods in question and the Buyer withdraws from the contract, delivers to the Seller goods that are not used, are in the original sealed original packaging and are not damaged or incomplete, the Seller will return the already paid purchase price. Pursuant to these General Terms and Conditions, the Seller shall return the price for the goods stated in the binding acceptance of the order (without the amount representing costs associated with delivery and return of goods ) within 14 calendar days of delivery of withdrawal from the purchase contract and delivery of goods to Seller in the manner specified by Buyer in the notice of withdrawal. In case that the end of the period or on a non-working day, the period is extended to the next working day.
Alternative Method of Dispute Resolution
8.1 If the Buyer believes that their rights have been violated or are not satisfied with the manner in which the Seller handled their complaint, they have the right to contact the Seller with a request for rectification by e-mail at email@example.com. If the Seller responds to the consumer’s request with a rejection or does not respond at all within 30 days from the date of sending, the Buyer has, on the basis of the amended Act No. 102/2014 (Section 3, Par. 1 letter t) and Act No. 391/2015, the right to an alternative (out-of-court) method of resolving the dispute. The Buyer may submit the proposal in the manner specified pursuant to Section 11, Par. 2 and Section 12 of Act 391/2015 Coll.
8.2 The Buyer may also file a complaint through the RSO Alternative Dispute Resolution Platform, which is available online at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show. A complaint via the platform can be filed by an EU Buyer against an EU-based Seller. The costs associated with the alternative resolution of the dispute shall be borne by each of the Parties to the dispute separately without the possibility of reimbursement
Personal Data, Information Obligation and Cookies
9.1 The Seller undertakes to protect the personal data provided by the Buyer in accordance with generally binding legal regulations, in particular Act No. 18/2018 Coll. on the Protection of Personal Data, as amended (hereinafter the “Act”) and in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR”) is repealed.
9.2 Information on the processing of personal data of the Buyer as a data subject in accordance with the Act and the GDPR are an integral part of these Terms and Conditions as Appendix No. 1 entitled Terms and Conditions of Personal Data Processing and you will find them at the end of these Terms and Conditions.
10.1 The Terms and Conditions shall take effect on the day of their publication on the Website.
10.3 The statements on this Website may not be in accordance with the recommendations of the health care institutions in your country. In no event will the Seller be liable for damages caused by improper use or storage of the goods. The use and application of the goods is under the Buyer’s own responsibility.
10.4 The Buyer acknowledges that they cannot withdraw from the Contract, whose subject is the sale of goods that is
a. subject to rapid deterioration
b. enclosed in a protective packaging which cannot be returned due to health or hygiene reasons and whose protective packaging has been broken after delivery.
10.5 The Buyer acknowledges that the Seller is not liable for errors and defects of the goods, which were caused in a causal connection with the actions or omissions of the Buyer.
10.6 The Buyer acknowledges that the defects of the goods are not considered to be defects caused by improper use, storage and other handling contrary to the instructions of the Seller and the information contained in the package leaflets, and the Seller is not responsible for the contents of the product leaflets stated by the goods manufacturer.
10.7 The Seller is not responsible for the reduced effects or properties of the goods presented in the description of the goods on the Website or the enclosed leaflet to the goods, which is caused in particular by the following: a. by using or consuming the goods in contravention of the recommendation or instructions attached to the goods or stated on the Website,
b. health condition and reaction, mental state, lifestyle, hygienic habits and overall lifestyle of the Buyer.
10.8 By executing a binding order, the Buyer confirms that they accept the general business conditions for the delivery of goods declared by the Seller and that they have been acquainted with the Notice of Goods published on the Website. The relationship between the Buyer and the Seller is governed by these Terms and Conditions, which are also binding on both Parties.
Appendix No. 1 of the Terms and Conditions
Terms of Personal Data Processing
The Seller shall hereby provide the Buyer, as the person whose personal data is being processed (hereinafter the “Data Subject”), with information pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons in connection with the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter “GDPR”) and pursuant to Act No. 18/2018 Coll. on the Protection of Personal Data.
The Controller of personal data is the following:
X-Zone Ltd, with its registered office at Győr,1615/5 registered in the Commercial Register of the Győr District Court, Dept. Ltd, Insert No. 31016/F (hereinafter also referred to as “X-Zone Ltd.”).
The Data Protection Officer is:
X-Zone Ltd does not have a designated Data Protection Officer.
The purpose of personal data processing by X-Zone Ltd is:
The execution of the Buyer’s order and exercise of rights and obligations arising from the contractual relationship between the Buyer and the Seller, the operation of the online store and the Seller’s website and related information systems, registration of purchase contracts and invoices.
Personal data is required when ordering, which is necessary for the successful processing of the order and purchase contract (name and surname/business name, ID number, billing address including postcode, delivery address including postcode, telephone number and email address). The provision of personal data is necessary for the fulfillment of the Buyer’s order, fulfillment and conclusion of the purchase contract and delivery of the goods to the Buyer.
The purpose of personal data processing is also your consent to processing for the purposes of providing direct marketing (sales support), namely: marketing offers, newsletter, sending catalogs, business announcements, information about products and news and sending newsletters) according to Art. 6, Par. 1 letter a) GDPR in the event that no goods or services have been ordered and this consent has been given by you by ticking the appropriate box on the Seller’s website. Withdrawal of consent can be done by unsubscribing from direct marketing to the line firstname.lastname@example.org or directly on our website, where you have given us consent or by sending a request for contact information listed in the header of this Appendix No. 1 of the General Terms and Conditions. In the event of withdrawal of consent, the Seller is obliged to delete the data immediately.
The legal basis for the processing of personal data is:
The legal basis for the processing of personal data is, according to Article 6 Para. 1 letter b) GDPR and Section 13, Par. 1 letter b) of the Act, the Buyer’s order, the closing of the purchase contract between the Buyer and the Seller, delivery of the ordered goods to the Buyer, other performances (rights and obligations) arising from the purchase contract.
Personal data may be provided to the following categories of recipients or institutions:
- persons entrusted with the performance of activities for Active life Inv., s.r.o., participating in the fulfillment of the Buyer’s order and the fulfillment of the purchase contract (delivery of goods/execution of payments on the basis of the contract),
- to the web hosting provider, the company Micro-Vps Ltd
- persons providing services for the operation of the online shop and the Website and related information systems of the Seller and other services in connection with the operation of the Website.
Transfer of personal data to a third country::
As the operator, X-Zone Ltd. does not intend to transfer personal data to a country outside the EEC and/or provide it to an international organization.
Retention period of personal data:
The company X-Zone Ltd. is entitled to process personal data of the Data Subjects
- for a period specifically determined by relevant legislation,
- for the duration of the purpose of the processing,
- as long as the consent to the processing of personal data for the purposes of direct marketing is revoked, a maximum of 5 years if the personal data are processed on the basis of the consent.
You have the following rights as the Data Subject:
- the right to request access to your personal data from X-Zone Ltd
- the right to rectify incorrect personal data
- the right to delete personal data
- the right to restrict the processing of personal data
- the right to object to the processing of personal data
- the right to the transfer of personal data
- the right to file a motion to initiate proceedings with the supervisory body, which is the Office for Personal Data Protection of the Usa
The above rights of the Data Subject are further specified in Articles 15 to 21 of the GDPR Regulation. The Data Subject can exercise those rights in accordance with the GDPR and other relevant legislation. The Data Subject may exercise their rights against Active life Inv., s.r.o. by means of a written application or by electronic means, by a written application sent to the address: X-Zone LLc, New York Central depo 101135 P:O:B: 69 / or by e-mail to: email@example.com, or if the person concerned so requests, the Seller may also provide the information verbally if the Data Subject proves their identity in another way.
In case of interest in more detailed information, contact us by e-mail at firstname.lastname@example.org