MONKEY BROTHERS s.r.o.

Registered office: Červený dvůr 1172/17, 794 01 Krnov, Czech Republic

ID / Company Reg. No. (IČO): 28276141

VAT ID: CZ28276141

Entered in the Commercial Register kept by the Regional Court in Ostrava, Section C, File 115886

(hereinafter referred to as the "Seller")

For the sale of goods through an online store located at the internet addresses www.chimpanzeebar.com and www.chimpnutrition.de

1. INTRODUCTORY PROVISIONS

1.1. These Business Terms and Conditions (hereinafter referred to as "Terms and Conditions") of MONKEY BROTHERS s.r.o., with its registered office at Červený dvůr 1172/17, 794 01 Krnov, Czech Republic, ID: 28276141, entered in the Commercial Register kept by the Regional Court in Ostrava, Section C, File 115886, govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer" or "Consumer") through the Seller’s online store. The online store is operated by the Seller on the website located at www.chimpanzeebar.com and www.chimpnutrition.de (hereinafter referred to as the "Website").

1.2. These Terms and Conditions apply primarily to consumer purchases. If the Buyer acts in the course of their trade, business, or independent profession (a "B2B Buyer"), standard provisions of the Civil Code governing business transactions apply, unless agreed otherwise, and specific consumer rights (such as the right to withdraw from the contract within 14 days without giving a reason) do not apply.

1.3. Provisions deviating from these Terms and Conditions may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of these Terms and Conditions.

1.4. The provisions of these Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and Terms and Conditions are drawn up in the English language.

1.5. The wording of these Terms and Conditions may be amended or supplemented by the Seller. This provision does not affect rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

2. USER ACCOUNT

2.1. Based on registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can order goods (hereinafter referred to as "User Account"). If allowed by the web interface, the Buyer can also order goods without registration directly.

2.2. When registering on the Website and ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update data in the User Account upon any change. Data provided by the Buyer in the User Account and when ordering goods are considered correct by the Seller.

 

 

2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding access information.

 

 

2.4. The Buyer is not entitled to allow third parties to use their User Account.

2.5. The Seller may cancel the User Account, particularly if the Buyer has not used their User Account for more than 2 years or if the Buyer violates their obligations under the Purchase Contract (including these Terms and Conditions).

2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly due to necessary hardware and software maintenance.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentations of goods placed on the Website are for informational purposes, and the Seller is not obliged to enter into a Purchase Contract regarding these goods. The provisions of Section 1732(2) of the Civil Code shall not apply.

3.2. The Website contains information about the goods, including prices. Prices include Value Added Tax (VAT) and all related statutory fees. Prices remain valid as long as they are displayed on the Website.

3.3. The Website also contains information on costs associated with packaging and delivery.

3.4. To order goods, the Buyer fills in the order form on the Website. The order form contains information about:

• 3.4.1. The ordered goods (inserted into the electronic shopping cart);
• 3.4.2. The method of payment and delivery; and
• 3.4.3. Costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").

3.5. Before sending the Order, the Buyer is allowed to check and modify the data entered into the Order. The Buyer sends the Order by clicking the order confirmation button clearly stating an obligation to pay (e.g., "Order with obligation to pay" or "Buy").

3.6. Immediately after receiving the Order, the Seller will confirm receipt to the Buyer by e-mail to the e-mail address specified in the Order or User Account (hereinafter "Buyer's e-mail address").

3.7. The contractual relationship between the Seller and the Buyer arises upon the delivery of the acceptance of the Order (order confirmation) sent by the Seller to the Buyer's e-mail address.

3.8. The Buyer agrees to the use of distance communication means when concluding the Purchase Contract. Costs incurred by the Buyer in using distance communication (internet, telephone) are borne by the Buyer alone at standard rates.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of goods and any costs associated with delivery may be paid by the Buyer via the payment options available at checkout (e.g., online payment card, cash on delivery, or bank transfer).

4.2. Along with the purchase price, the Buyer is obliged to pay costs associated with packaging and delivery in the agreed amount.

4.3. In the case of non-cash payment, the purchase price is payable in accordance with the terms selected during checkout or within 14 days of concluding the Purchase Contract.

4.4. The Seller shall issue an invoice / tax document to the Buyer for payments made under the Purchase Contract. The tax document is sent in electronic form to the Buyer's e-mail address.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT (CONSUMERS)

5.1. The Consumer acknowledges that under Section 1837 of the Civil Code, it is not possible to withdraw from a contract for:

• 5.1.1. Goods made according to the wishes of the consumer or customized for their person;
• 5.1.2. Goods subject to rapid deterioration or decay (perishable goods);
• 5.1.3. Goods delivered in sealed packaging which the consumer unsealed and which are not suitable for return due to hygiene or health protection reasons (e.g., unsealed food items, nutrition supplements, or open protein bars);
• 5.1.4. Goods irretrievably mixed with other goods after delivery.

5.2. If not an exception under Section 5.1, the Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days without giving any reason. The period runs from:

• The date of receipt of the goods; or
• The date of receipt of the last delivery of goods, if the order involves multiple parts or pieces.

5.3. To exercise the right to withdraw, the Consumer must inform the Seller of their decision to withdraw by an unambiguous statement sent to the Seller's contact address or e-mail (info@chimpanzeebar.com).

5.4. In case of withdrawal, the Consumer shall send back or hand over the goods to the Seller without undue delay, and no later than 14 days from the day on which withdrawal was communicated. The direct costs of returning the goods shall be borne by the Consumer.

5.5. If the Consumer withdraws from the contract, the Seller shall refund all payments received from the Consumer, including delivery costs (except for additional costs resulting from the choice of a delivery method other than the least expensive standard delivery offered by the Seller), within 14 days of receiving notice of withdrawal. However, the Seller is not obliged to return the funds before receiving the returned goods or receiving proof from the Consumer that the goods have been sent back.

5.6. The Consumer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

6. TRANSPORTATION AND DELIVERY

6.1. If the mode of transport is arranged based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.

6.2. Upon receipt of the goods from the carrier, the Buyer is advised to check the integrity of the packaging. If damage to the packaging indicates unauthorized entry into the shipment, the Buyer is entitled to refuse acceptance from the carrier.

7. RIGHTS FROM DEFECTIVE PERFORMANCE (WARRANTY & CLAIMS)

7.1. Rights and obligations regarding defective performance are governed by applicable statutory provisions (in particular Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174b of the Civil Code and the Consumer Protection Act).

7.2. The Seller guarantees to the Buyer that the goods are free of defects upon receipt. The Seller is responsible that at the time the Buyer took over the goods:

• 7.2.1. The goods correspond to the agreed description, type, and quantity, as well as quality and functionality;
• 7.2.2. The goods are fit for the purpose for which the Buyer requires them and to which the Seller agreed;
• 7.2.3. The goods are supplied with agreed accessories and instructions for use.

7.3. Presumption of Defect: If a defect becomes apparent within twelve (12) months of receipt, it shall be presumed that the goods were already defective upon receipt, unless the nature of the goods or defect precludes this assumption.

7.4. The Consumer may exercise rights from defective performance that occurs within 24 months of receipt. For perishable food products or items with a stated minimum durability date (expiry date), the warranty period applies up to the expiry date indicated on the packaging.

7.5. Remedies for Defect: If the goods are defective, the Consumer may request:

1. Removal of the defect by delivery of a new item or repair, unless the chosen method is impossible or disproportionately expensive compared to the alternative.
2. A reasonable price discount or withdrawal from the contract if the Seller refuses to remedy the defect, the defect appears repeatedly, or the defect constitutes a material breach of contract.

7.6. Claims regarding defective performance should be sent to the contact address: MONKEY BROTHERS s.r.o., Červený dvůr 1172/17, 794 01 Krnov, Czech Republic or via e-mail at info@chimpanzeebar.com.

8. REVIEWS, PRICING, AND TRANSPARENCY (EU DIRECTIVE DISCLOSURES)

8.1. Consumer Reviews: Where the Website displays reviews or ratings of products, the Seller ensures that published reviews originate from consumers who actually purchased or used the product. This is verified by cross-referencing review submissions with past order databases or providing review invitation links exclusively to verified purchasers.

8.2. Discounts: Any price reduction announced on the Website displays the lowest price at which the item was offered by the Seller during the 30-day period prior to the application of the discount, in accordance with applicable consumer protection regulations.

8.3. Personalized Pricing: The Seller does not customize prices for individual consumers based on automated decision-making or algorithms.

9. PROTECTION OF PERSONAL DATA

9.1. The protection of personal data is provided in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and national data protection statutes.

9.2. Detailed information regarding the processing of personal data, cookies, and privacy rights is available in the separate Privacy Policy published on the Website.

10. OUT-OF-COURT DISPUTE RESOLUTION

10.1. Out-of-court settlement of consumer disputes arising from the Purchase Contract falls within the jurisdiction of the Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, internet address: https://www.coi.cz.

10.2. Consumers may also use the European Commission's Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr.

11. FINAL PROVISIONS

11.1. If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This choice of law does not deprive a consumer of the protection afforded to them by mandatory provisions of the law of their country of habitual residence.

11.2. If any provision of these Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose intent is as close as possible to the original. The invalidity or ineffectiveness of one provision shall not affect the validity of other provisions.

11.3. Contact details of the Seller:

• Company Name: MONKEY BROTHERS s.r.o.
• Address: Červený dvůr 1172/17, 794 01 Krnov, Czech Republic
• E-mail: info@chimpanzeebar.com
• Telephone: +420 774 747 970