AGB

of the sole trader Filip Matějka

with registered place of business at Frostova 336/23, 109 00 Praha-Petrovice, Czech Republic

Business ID No. (IČO): 01304241

registered in the Czech Trade Licensing Register (not a VAT payer)

for the sale of goods through an online store located at the website www.wavepouches.com

1. Introductory Provisions

1.1. These General Terms and Conditions (hereinafter referred to as the “Terms”) of the sole trader Filip Matějka, Business ID No.: 01304241, with registered place of business at Frostova 336/23, 109 00 Praha-Petrovice, Czech Republic, registered in the Czech Trade Licensing Register (hereinafter referred to as the “Seller”) 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”), and in accordance with Act No. 634/1992 Coll., on Consumer Protection, as amended, the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller at the website www.wavepouch.cz (hereinafter referred to as the “Website”), through the Website’s user interface (hereinafter referred to as the “Web Interface of the Store”).

1.2. The subject of sale is in particular food supplements, which the Seller places on the market in accordance with Act No. 110/1997 Coll., on Foodstuffs and Tobacco Products, as amended, and Decree No. 58/2018 Coll., on Food Supplements and the Composition of Food, as amended.

1.3. These Terms do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person acting in the course of their business activity or self-employed profession when ordering goods.

1.4. Provisions deviating from the Terms may be agreed in the Purchase Agreement. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of these Terms.

1.5. The provisions of the Terms are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms are drawn up in the Czech and English languages. The Purchase Agreement may be concluded in either language; in case of discrepancy, the Czech version shall prevail for legal interpretation purposes under Czech law.

1.6. The Seller may amend or supplement the wording of the Terms. This provision is without prejudice to the rights and obligations arising during the period of effect of the previous wording of the Terms.

2. Conclusion of the Purchase Agreement

2.1. All presentation of goods placed in the Web Interface of the Store is informative in nature and the Seller is not obliged to conclude a Purchase Agreement regarding such goods. The provision of Section 1732(2) of the Civil Code shall not apply.

2.2. The Web Interface of the Store contains information about goods, including the prices of individual goods and the costs of returning goods if such goods cannot, by their nature, be returned by ordinary postal route. The Seller is not a VAT payer; prices of goods are stated as final, including all related fees. Prices of 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 Agreement on individually agreed terms.

2.3. If the Seller informs about a discount on the price of goods, the Seller shall also state the lowest price at which the Seller offered and sold the goods within 30 days prior to granting the discount, in accordance with Section 12a of Act No. 634/1992 Coll., on Consumer Protection, as amended.

2.4. The Web Interface of the Store also contains information about the costs associated with packaging and delivery of the goods.

2.5. If the Seller publishes consumer reviews or ratings of goods, it states whether and how it ensures that the published reviews come from consumers who have actually used or purchased the goods.

2.6. To order goods, the Buyer fills in the order form on the Web Interface of the Store. The order form contains in particular information about:

• the goods being ordered (the Buyer “places” the goods into the electronic shopping basket on the Web Interface of the Store);
  
  
• the method of payment of the purchase price of the goods, details of the requested method of delivery of the ordered goods;
  
  
• information on the costs associated with the delivery of the goods (collectively the “Order”).

2.7. Before sending the Order to the Seller, the Buyer is allowed to check and amend the data entered into the Order, including with respect to the Buyer’s ability to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking the button labelled “Order with obligation to pay” (or a similarly worded button clearly indicating the obligation to pay). The data provided in the Order is considered correct by the Seller. The Seller shall promptly confirm receipt of the Order to the Buyer by electronic mail to the Buyer’s e-mail address provided in the user account or in the Order (hereinafter referred to as the “Buyer’s electronic address”).

2.8. Depending on the nature of the Order (quantity of goods, amount of purchase price, expected shipping costs), the Seller is always entitled to request additional confirmation of the Order from the Buyer (e.g., in writing or by phone).

2.9. The contractual relationship between the Seller and the Buyer is established upon delivery of the acceptance of the Order, which is sent by the Seller to the Buyer’s electronic address.

2.10. The Buyer agrees to the use of remote means of communication when concluding the Purchase Agreement. Costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Agreement (internet connection costs, telephone call costs) are borne by the Buyer and do not differ from the basic rate.

3. Price of Goods and Payment Terms

3.1. The Buyer may pay the price of the goods and any costs associated with delivery of the goods under the Purchase Agreement to the Seller cashlessly through the Shopify Payments payment gateway, which enables in particular:

• payment by credit/debit card (Visa, Mastercard);
  
  
• payment via Apple Pay;
  
  
• payment via Google Pay.

3.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price hereinafter shall include the costs associated with the delivery of the goods.

3.3. The Seller does not require any deposit or similar payment from the Buyer. This is without prejudice to Article 3.5 of these Terms regarding the obligation to pay the purchase price of the goods in advance.

3.4. In the case of cashless payment, the purchase price is due upon submission of the Order. The Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s account.

3.5. The Seller is entitled, in particular if the Buyer fails to provide additional confirmation of the Order (Article 2.8), to require payment of the entire purchase price before dispatching the goods to the Buyer. The provision of Section 2119(1) of the Civil Code shall not apply.

3.6. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other unless otherwise stated in the conditions of the specific discount promotion.

3.7. Where customary in business practice or required by generally binding legal regulations, the Seller shall issue a payment confirmation/receipt to the Buyer regarding payments made under the Purchase Agreement. The Seller is not a VAT payer. The payment confirmation will be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer’s electronic address.

4. Withdrawal from the Purchase Agreement

4.1. The Buyer who is a consumer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods, whereas if the subject of the Purchase Agreement is several types of goods or the delivery of several parts, this period shall begin on the date of receipt of the last delivery of goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which is part of the document “Returns and Complaints”. The Buyer may send the withdrawal in particular to the Seller’s electronic address zakaznici@wavepouch.cz.

4.2. This right of withdrawal does not, however, apply to contracts referred to in Section 1837 of the Civil Code. In particular, the Buyer cannot withdraw from a Purchase Agreement:

• for the supply of goods that are subject to rapid deterioration, as well as goods that have, after delivery, been irreversibly mixed with other goods;
  
  
• for the supply of goods in sealed packaging which, for reasons of health protection or hygiene, is not suitable for return after the consumer has broken the seal.

4.3. The Seller hereby expressly informs the Buyer that the food supplements sold by the Seller are considered to be goods in sealed packaging for hygiene reasons within the meaning of Section 1837 of the Civil Code. Breaking or opening the primary packaging (in particular the can/puck, sachet, blister or other packaging that is in direct contact with the goods) shall always be considered by the Seller as breaking the seal which, for hygiene reasons, prevents the return of the goods under Section 1829 of the Civil Code.

4.4. In the event of withdrawal from the Purchase Agreement under Article 4.1 of the Terms, the Purchase Agreement is cancelled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days of delivery of the withdrawal to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs associated with returning the goods to the Seller, even if the goods cannot, by their nature, be returned by ordinary postal route.

4.5. In the event of withdrawal from the Purchase Agreement under Article 4.1 of the Terms, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal, in the same manner as the Seller received them from the Buyer. The Seller is also entitled to refund the performance provided by the Buyer upon return of the goods or in another manner, provided the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the funds to the Buyer before the Buyer returns the goods or proves that the goods have been dispatched to the Seller.

4.6. The Seller is entitled to unilaterally set off any claim for damages incurred on the goods against the Buyer’s claim for refund of the purchase price.

4.7. In cases where the Buyer has the right to withdraw from the Purchase Agreement under Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer has taken delivery of the goods. In such case, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the account designated by the Buyer.

4.8. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutive condition that, if the Buyer withdraws from the Purchase Agreement, the gift agreement loses effect with regard to such gift, and the Buyer is obliged to return the gift to the Seller together with the goods.

4.9. 30-Day Money-Back Guarantee. In addition to the Buyer’s statutory rights, the Seller provides the Buyer with a voluntary commercial satisfaction guarantee called the “30-Day Money-Back Guarantee”. The conditions and procedure for invoking this guarantee are set out in detail in the document “Returns and Complaints”, available on the Website. This guarantee does not affect or limit the Buyer’s statutory rights as a consumer, in particular the right to performance free of defects and the right to withdraw from the contract under Section 1829 of the Civil Code.

5. Transport and Delivery of Goods

5.1. If the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such method of transport.

5.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to take delivery of the goods upon delivery.

5.3. If, for reasons attributable to the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with the alternative method of delivery.

5.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to immediately notify the carrier. If, upon inspection, a breach of the packaging indicating unauthorised entry into the consignment is found, the Buyer need not take delivery of the consignment from the carrier. This is without prejudice to the Buyer’s rights under liability for defects of the goods and other rights arising from generally binding legal regulations.

5.5. Further rights and obligations of the parties regarding the transport of goods are governed by the separate document “Shipping and Payment”, available on the Website.

6. Rights from Defective Performance

6.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

6.2. The Seller is liable to the Buyer that, upon receipt, the goods are free from defects. In particular, the Seller is liable to the Buyer that the goods:

• correspond to the agreed description, type and quantity, as well as quality, functionality and other agreed characteristics;
  
  
• are suitable for the purpose for which the Buyer requires them and to which the Seller has agreed;
  
  
• are delivered with the agreed accessories and instructions for use;
  
  
• are suitable for the purpose for which goods of this kind are usually used;
  
  
• correspond to the usual properties of goods of the same kind which the Buyer can reasonably expect, also with regard to public statements made by the Seller or another person in the same contractual chain, in particular by advertising or labelling;
  
  
• are in the corresponding quantity, measure or weight and meet the requirements of legal regulations.

6.3. The Buyer may notify a defect that becomes apparent on the goods within two (2) years of receipt. For food supplements, the Buyer is obliged to file a complaint without undue delay after the defect becomes apparent, but no later than the expiry of the minimum durability date stated on the packaging of the goods.

6.4. The Seller is obliged to handle the complaint, including the removal of the defect, without undue delay, no later than 30 days from the date of filing the complaint, unless the Seller and the Buyer agree on a longer period.

6.5. Further rights and obligations of the parties related to the Seller’s liability for defects are governed by the separate document “Returns and Complaints”, available on the Website.

7. Other Rights and Obligations of the Contracting Parties

7.1. The Buyer acquires ownership of the goods upon payment of the full purchase price of the goods.

7.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820(1)(n) of the Civil Code.

7.3. Consumer complaints are handled by the Seller through the electronic address zakaznici@wavepouch.cz. Information on the handling of the Buyer’s complaint will be sent by the Seller to the Buyer’s electronic address.

7.4. The body competent for the out-of-court settlement of consumer disputes arising from the Purchase Agreement is the Czech Trade Inspection Authority (Česká obchodní inspekce), with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, web address: https://adr.coi.cz/cs. For consumers domiciled in another EU Member State, disputes arising from a contract concluded online may also be settled via the European Commission’s Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr. The Seller’s contact e-mail address for the purposes of this platform is zakaznici@wavepouch.cz. The Buyer is also entitled to address their claim to the relevant supervisory authority.

7.5. The Seller is authorised to sell goods on the basis of a trade licence. Trade licence inspection is carried out within its scope by the relevant trade licensing authority. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within a defined scope, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended. Supervision over compliance with legal regulations in the field of food and food supplements is exercised by the Czech Agriculture and Food Inspection Authority (Státní zemědělská a potravinářská inspekce).

7.6. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

8. Personal Data Protection

8.1. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter “GDPR”) in connection with the processing of the Buyer’s personal data for the purposes of performance of the Purchase Agreement, negotiation of the Purchase Agreement and fulfilment of the Seller’s public-law obligations through the separate document “Privacy Policy”, available on the Seller’s Website.

9. Sending Commercial Communications and Storing Cookies

9.1. The Buyer agrees, within the meaning of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services, as amended, to the sending of commercial communications by the Seller to the Buyer’s electronic address. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR in connection with the processing of the Buyer’s personal data for the purposes of sending commercial communications through the separate document “Privacy Policy”.

9.2. The Seller uses cookies on the Website. Detailed information on the use of cookies, their types and management options is provided in the document “Cookie Policy” or within the Privacy Policy, available on the Seller’s Website.

10. Service of Documents

10.1. Documents may be served on the Buyer at the Buyer’s electronic address.

11. Final Provisions

11.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law under the previous sentence shall not deprive the Buyer who is a consumer of the protection afforded to them by the provisions of the legal order from which deviation by contract is not permitted, and which would otherwise apply in the absence of a choice of law under Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

11.2. If any provision of the Terms is or becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

11.3. The Purchase Agreement, including the Terms, is archived by the Seller in electronic form and is not accessible.

11.4. Seller’s contact details: address for service Frostova 336/23, 109 00 Praha-Petrovice, Czech Republic; address for return of goods Packeta Z-BOX, Janovská 392, 109 00 Praha 10, Czech Republic (Z-BOX ID: 35537); e-mail address zakaznici@wavepouch.cz.

 

These Terms come into effect on 7.5.2026.

Prague, 7.5.2026.