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TERMS OF SERVICE

Vitalgong s.r.o. – Dietary Supplements (Doplňky stravy)

Effective Date: December 18, 2025
Last Updated: December 18, 2025

OVERVIEW

Welcome to Vitalgong! The terms "we," "us," "our," and "Vitalgong" refer to Vitalgong s.r.o., a limited liability company registered in the Czech Republic with registration number 23669918, with registered office at Balbínova 1093, Hlavní město Praha, 120 00, Czech Republic.

Vitalgong operates this website and online store (www.vitalgong.com), including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience for dietary supplements and wellness products (the "Services"). Our Services are powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, including our Privacy Policy (www.vitalgong.com/privacy), Refund Policy (www.vitalgong.com/refunds), and Shipping Policy (www.vitalgong.com/shipping), (collectively, these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

IMPORTANT DISCLAIMER: All products offered through Vitalgong are dietary supplements (doplňky stravy) classified as food products under EU Directive 2002/46/EC and Czech Decree No. 58/2018 Sb. Dietary supplements are NOT medicines and do not treat, cure, prevent, or diagnose any disease or health condition. Our dietary supplements are intended to support general wellness and nutritional supplementation only, not to provide medical effects or medical benefits.

Please read these Terms of Service carefully, as they include important information about your legal rights and responsibilities, including warranty disclaimers and limitations of liability. These Terms are governed by the laws of the Czech Republic and EU consumer protection regulations.

By visiting, browsing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service, our Privacy Policy, or any other policies referenced herein, you should not use or access our Services. Your continued use of the Services following any updates to these Terms constitutes your acceptance of the updated Terms.

SECTION 1 – ACCESS AND ACCOUNT

1.1 Age of Majority and Health Responsibility

By agreeing to these Terms of Service, you represent that:

You are at least the age of majority in your state, province, or country of residence, typically 18 years of age.
You have the legal capacity to enter into these Terms.
You are not a person prohibited by applicable law from using the Services.
You are responsible for consulting with a qualified healthcare professional before using any dietary supplements, particularly if you are pregnant, nursing, have existing health conditions, or take medications.

1.2 Parental Consent for Minors

If you are a parent or legal guardian, you may permit your minor dependents (under the age of 18) to use the Services on devices you own, purchase, or manage, but you do so at your own risk and are fully responsible for:

Supervising their use
Ensuring their compliance with these Terms
Ensuring they do not purchase dietary supplements without your knowledge and approval
Understanding that dietary supplements are not intended for children and that many carry age-based warnings

You acknowledge that you are responsible for any and all activities conducted by minors under your supervision using the Services.

1.3 Account Information

To access certain features of the Services, including making purchases, you may be asked to provide certain information, including:

Your full name
Email address
Billing address
Shipping address
Payment information (credit card or other payment method)
Phone number
Other contact details

You represent and warrant that:

All information you provide is accurate, current, complete, and truthful.
You have the legal right and authority to provide this information.
You are not impersonating any other person or entity.
The information you provide does not violate any law or the rights of any third party.
You have obtained all necessary consents and permissions to provide your information to us.

1.4 Account Security and Responsibility

You are solely responsible for:

Maintaining the confidentiality and security of your account credentials, including your username and password.
All activity that occurs under your account.
Notifying us immediately of any unauthorized access or use of your account.
Ensuring your password is strong and unique and not shared with anyone else.

We will not be liable for any unauthorized access to or use of your account resulting from your failure to maintain account security, unless such access is due to our negligence or breach of security obligations.

1.5 Account Restrictions

You may not:

Transfer, sell, assign, license, or otherwise delegate your account to any other person or entity.
Share your account credentials with third parties or allow third parties to use your account.
Use someone else's account without their explicit written permission.

Any attempt to violate these restrictions may result in immediate termination of your account and access to the Services.

SECTION 2 – OUR PRODUCTS: DIETARY SUPPLEMENTS

2.1 What Are Dietary Supplements?

Our products are dietary supplements (doplňky stravy), which are:

Food products containing vitamins, minerals, herbs, amino acids, or other nutritional substances in concentrated form
NOT medicines and do not treat, cure, prevent, mitigate, or diagnose any disease or health condition
NOT substitutes for a varied and balanced diet or professional medical treatment
NOT regulated as drugs but as food products under EU and Czech law
Intended to support general wellness and nutritional supplementation based on normal dietary insufficiency

2.2 Product Descriptions and Accuracy

We have made reasonable efforts to provide accurate descriptions, pricing, and imagery of our dietary supplement products on our online store. However, please note:

Product Information:

All product descriptions, specifications, images, videos, ingredient lists, and other content are subject to change at any time without prior notice at our sole discretion.
Labels and descriptions comply with EU Regulation 1169/2011 and are based on scientific substantiation.
Any claims made about our products comply with EU Regulation 1924/2006 and describe the normal effects of the nutrients/ingredients, not medical effects.

No Medical Claims:

We do NOT claim that our products treat, cure, prevent, or diagnose any disease.
We do NOT claim to provide medical benefits or medical effects.
We do NOT claim that products are suitable as replacements for medical treatment.
Any claims about "supporting" or "promoting" health are nutritional/wellness claims, NOT medical claims.

Availability and Quantity:

Products are subject to availability. We reserve the right to discontinue any product at any time without notice.
We reserve the right to limit the quantities of any product that we offer to any person, entity, geographic region, or jurisdiction on a case-by-case basis.

2.3 No Warranty on Product Appearance or Results

We do not warrant that:

The appearance or quality of any dietary supplements purchased will meet your expectations or preferences.
Supplements will appear exactly as depicted or rendered in our online store.
Products will have any specific health effect or health outcome in your particular case.
Supplements will work or produce results (dietary supplements work differently for different individuals based on health status, genetics, lifestyle, and other factors).
Goods will be suitable for any particular purpose you have in mind.

You are responsible for:

Reviewing product descriptions, specifications, and ingredient lists carefully before making a purchase.
Understanding that dietary supplements support general wellness but do not provide medical effects or medical diagnosis.
Consulting with a qualified healthcare professional before using any dietary supplement, particularly if you are pregnant, nursing, taking medications, or have existing health conditions.

If you have questions about a product, we encourage you to contact us at info@vitalgong.com before purchasing.

2.4 Individual Variations in Results

IMPORTANT: Dietary supplements work differently for different individuals. We do NOT guarantee any specific result or effect because:

Individual health status, metabolism, genetics, and lifestyle significantly affect results.
Dietary supplements are not medicines and do not provide pharmaceutical-grade effects.
Results may vary significantly between individuals and are not guaranteed.
Lack of visible results does NOT indicate a defective product – it reflects normal individual variation.

We are NOT responsible for:

Individual variations in supplement effectiveness
Lack of noticeable health effects or results
Individual allergic reactions or intolerances to ingredients
Adverse effects resulting from improper use or overdose
Interactions with medications or other supplements
Any health outcome or lack thereof

2.5 Compliance with Applicable Laws

All dietary supplement products offered through the Services:

Comply with EU Directive 2002/46/EC (Food Supplements Directive)
Comply with Czech Decree No. 58/2018 Sb. (Food Supplements Regulation)
Comply with EU Regulation 1169/2011 (Food Information to Consumers)
Comply with applicable Czech and EU consumer protection laws
Have been properly notified to relevant authorities (Ministry of Agriculture, SZPI)
Contain only approved vitamins, minerals, and ingredients permitted for food supplements
Meet international quality and safety standards
Display accurate labeling with all mandatory information

SECTION 3 – ORDERS AND PURCHASE

3.1 Order Process and Health Acknowledgment

When you place an order through our online store, you are making an offer to purchase dietary supplements on the terms set out in your order. By placing an order, you acknowledge and agree that:

You understand that our products are dietary supplements, NOT medicines
You understand that these supplements do not treat, cure, prevent, or diagnose any disease
You have read and understood the product descriptions, ingredient lists, and warnings
If applicable, you have consulted with a qualified healthcare professional before ordering (especially if pregnant, nursing, taking medications, or have existing health conditions)
You assume full responsibility for the use of the dietary supplements and any effects, lack of effects, or adverse reactions

Order confirmation does not mean acceptance of your order.

3.2 Acceptance of Orders

Vitalgong reserves the right to:

Accept or decline your order for any reason, at its sole discretion, without liability.
Cancel, modify, or refuse any order that appears to violate these Terms or applicable law.
Request additional information or verification before accepting an order.
Cancel an order after it has been placed but before it is confirmed.
Refuse orders from customers who have engaged in abuse of our return/refund policy.

Your order is only accepted when:

We send you an order confirmation email acknowledging receipt and acceptance of your order; AND
We have successfully processed and authorized your payment method.

You will receive confirmation of acceptance via email sent to the email address provided at checkout.

3.3 Payment Processing

We must receive and process your payment before your order is accepted and shipped. By providing payment information, you authorize us to charge your payment method for the full order amount, including products, taxes, shipping charges, and any other applicable fees.

Payment Processing Procedure:

You must review your order carefully before submitting payment.
We use third-party payment processors to securely process your payment.
If payment authorization fails, we will not process your order unless we receive alternative payment information.
Payment is processed in Czech Koruna (CZK) or EUR, depending on your location.

3.4 Cancellation After Order Acceptance

Once your order has been accepted and confirmed, you may not cancel the order through our website. However, you have the right to withdraw from the purchase contract within 14 days in accordance with EU consumer law (Consumer Rights Directive 2011/83/EU) and Czech consumer protection law, provided that the dietary supplement packaging is unopened in original sealed condition, as detailed in our Refund Policy.

3.5 Order Modifications

You may request modifications to your order (such as changing delivery address or quantity) only before the order has been accepted and confirmed. After confirmation, modifications are subject to our sole discretion. Contact us immediately at info@vitalgong.com if you wish to modify an order.

3.6 Order Notification

In the event that we do not accept your order, make a material change to your order, or cancel an order after acceptance, we will attempt to notify you by:

Email sent to the email address provided at checkout
Phone call to the phone number provided at checkout
Postal mail to the billing or shipping address provided

We will provide you with information about the reason for non-acceptance, cancellation, or modification where feasible.

3.7 Purchase Restrictions

You represent and warrant that:

Your purchase is for your own personal or household use only.
You are not purchasing products for commercial resale, redistribution, or export.
You are not purchasing products for any unlawful purpose.
You comply with all applicable import/export laws and restrictions.

Commercial purchases, bulk orders, or resale purchases must be directed to our B2B contact at info@vitalgong.com.

SECTION 4 – PRICES AND BILLING

4.1 Price Changes and Accuracy

Prices are subject to change without notice at any time, including before your order is confirmed.
The price charged for a product will be the price in effect at the time your order is placed, as confirmed in your order confirmation email.
Prices posted on our website may differ from prices offered in physical stores or on third-party marketplaces.
We reserve the right to correct pricing errors at any time, including after you have placed an order but before payment has been processed.

4.2 Taxes, Shipping, and Additional Charges

Unless otherwise expressly stated, posted prices DO NOT include:

Applicable VAT/sales tax (displayed and calculated at checkout)
Shipping and handling charges (displayed and calculated at checkout)
Customs duties or import taxes (for international orders)
Payment processing fees (if applicable)
Duties and other governmental charges

All applicable taxes, shipping, and charges will be clearly displayed at checkout before you confirm your purchase.

4.3 Promotional Offers and Discounts

We may offer promotions, discounts, or special pricing from time to time. These promotions are governed by separate terms and conditions specific to each promotion. If there is a conflict between promotional terms and these Terms of Service, the promotional terms will control regarding that specific promotion only.

Promotions may:

Be limited in duration or quantity.
Apply only to specific products or customer categories.
Require use of promotional codes or meeting certain conditions.
Be withdrawn or modified at any time without notice.

We reserve the right to void any orders that appear to be placed fraudulently or in violation of promotional terms.

4.4 Payment Information Requirements

You agree to:

Provide accurate, current, and complete payment information.
Promptly update your payment and account information if any details change.
Ensure payment information is kept current (including credit card expiration dates).

4.5 Credit Card Authorization and Responsibility

By providing credit card or payment information, you represent and warrant that:

The credit card information you provide is accurate, valid, and complete.
You are the authorized holder of the credit card or authorized payment method.
You are duly authorized to use this payment method for the purchase.
The charges will be honored by your financial institution or payment provider.
You will pay all charges, including product price, taxes, shipping, and handling charges, at the prices posted at the time of purchase.

SECTION 5 – SHIPPING AND DELIVERY

5.1 No Liability for Delays

We are not liable for shipping and delivery delays. Delivery times provided are estimates only and are not guaranteed. We are not responsible for delays caused by:

Shipping carriers or logistics providers
Customs processing or border delays
Inclement weather or natural disasters
Pandemics, epidemics, or public health emergencies
Political instability or war
Labor disputes or strikes
Events outside our reasonable control (force majeure)

5.2 Delivery Address Responsibility

You are responsible for:

Providing a complete and accurate delivery address.
Ensuring someone is available to receive the delivery.
Checking packaging for damage and reporting issues to the carrier within the required timeframe.

We are not liable for:

Incorrect delivery addresses you provide.
Failed delivery attempts due to incomplete addresses.
Products left unattended or stolen after delivery.

5.3 Risk of Loss and Title Transfer

Once we transfer your products to the shipping carrier:

Title (ownership) passes to you.
Risk of loss passes to you.
You assume all responsibility for the products during transit.
We are no longer responsible for damage, loss, or theft of products in transit.

If your order arrives damaged or lost, you must file a claim with the shipping carrier immediately and contact us at info@vitalgong.com with proof of damage or loss.

5.4 Delivery Terms

We ship products according to the delivery method you select at checkout. Standard delivery typically takes 3-7 business days within the Czech Republic and EU, depending on location. Express shipping options may be available for an additional fee.

Delivery excludes:

Weekends and public holidays
Days before 10:00 AM or after 6:00 PM
Remote or difficult-to-access locations (surcharge may apply)

SECTION 6 – INTELLECTUAL PROPERTY RIGHTS

6.1 Ownership of Content

Our Services, including but not limited to all trademarks, brands, logos, text, displays, images, graphics, photographs, videos, audio, product reviews, and the design, selection, and arrangement thereof (collectively, "Content"), are owned by:

Vitalgong s.r.o.
Our affiliates and licensors
Third-party content providers

All Content is protected by Czech, EU, and international intellectual property laws, including patent, copyright, trademark, and other laws.

6.2 Limited License

These Terms grant you a limited, personal, non-exclusive, non-transferable, and revocable license to:

View Content on the Services for your personal, non-commercial use only.
Browse our store and product catalog.
Make personal purchases of products offered.

This license does not grant you the right to:

Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or Content.
Modify, create derivative works of, or alter Content.
Distribute, transmit, display, or publish any Content.
Download, store, or archive Content (except as necessary for legitimate purchases).
Use Content for any commercial purpose without our prior written consent.

6.3 Intellectual Property Restrictions

You may not:

Reproduce, distribute, or transmit any Content without our prior written consent.
Create derivative works based on our Content.
Publicly perform or display our Content.
Remove or alter any proprietary notices, labels, or marks on our Content.
Engage in systematic downloading or "scraping" of Content.

Unauthorized use of our Content may violate copyright, trademark, and other intellectual property laws and may result in civil and criminal liability.

6.4 Trademark Usage

Vitalgong Trademarks:

"Vitalgong," our logo, and product names are registered or unregistered trademarks of Vitalgong s.r.o.
You may not use our trademarks without our prior written permission.
Unauthorized use of our trademarks may constitute trademark infringement.

Third-Party Trademarks:

All other names, logos, product names, and trademarks appearing on the Services are the property of their respective owners.
We do not endorse or sponsor any third-party trademarks or products unless expressly stated.

6.5 Shopify Trademarks

"Shopify" is a trademark of Shopify Inc. We are authorized to use Shopify's platform but do not own Shopify trademarks.

6.6 Reservation of Rights

Except as expressly provided in these Terms, all intellectual property rights are reserved by Vitalgong. Nothing in these Terms grants or shall be construed as granting any license, right, or interest in any patent, trademark, copyright, or other intellectual property of Vitalgong, Shopify, or any third party, except as expressly provided herein.

SECTION 7 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES

7.1 Third-Party Tools and Services

We may provide access to optional tools, features, or services offered by third-party providers (such as payment processors, shipping carriers, analytics providers, or other service providers). These may include:

Chat support or customer service tools
Product review platforms
Social media integrations
Third-party analytics
Payment gateway providers

7.2 "As Is" Disclaimer for Third-Party Tools

We do not monitor, control, or endorse third-party tools and services. You acknowledge and agree that:

We provide access to such tools "as is" and "as available."
There are no warranties, representations, or conditions of any kind regarding third-party tools.
We provide no endorsement of any third-party tools or services.
We have no liability whatsoever arising from your use of optional third-party tools.

7.3 Your Use at Your Own Risk

Your use of optional third-party tools is:

Entirely at your own risk.
Subject to your discretion.
Governed by the third-party provider's terms and privacy policy.

You agree to review and comply with the terms and privacy policies of any third-party service provider before using their tools or services.

7.4 New Features and Tools

We may, in the future, offer new features, tools, or resources as part of the Services. All new features shall be subject to these Terms of Service unless expressly stated otherwise in a separate agreement.

SECTION 8 – THIRD-PARTY LINKS AND WEBSITES

8.1 External Links

Our Services may contain links to websites, applications, and online platforms operated by third parties. These include:

Social media platforms
Payment processors
Shipping carriers and logistics providers
Partner websites and affiliate sites
External blogs or informational resources
Third-party product reviews or ratings

8.2 No Responsibility for Third-Party Content

We are not responsible for:

Examining or evaluating the content, accuracy, legality, or quality of third-party websites or materials.
The reliability, safety, or security of any third-party site.
Any transactions, purchases, or interactions you have with third-party providers.
Any harm, damage, loss, or injury resulting from your access to third-party sites or use of third-party products/services.

8.3 Your Responsibility

If you choose to leave our Services and access third-party sites or content, you do so:

At your own risk.
At your own discretion.
Subject to the third-party's terms and conditions.

We encourage you to carefully review any third-party's policies, terms, and privacy practices before engaging with them or providing your personal information.

8.4 No Endorsement

Our inclusion of links to third-party websites does not imply endorsement, approval, recommendation, or sponsorship of those sites or their owners/operators, unless expressly stated on our Services.

8.5 Complaints About Third Parties

Complaints, claims, concerns, or questions regarding third-party products, services, or conduct should be directed to the third-party, not to Vitalgong.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

9.1 Shopify as Service Provider

The Services are hosted and powered by Shopify Inc. and its affiliates ("Shopify"). Shopify provides the technical infrastructure, hosting, payment processing, and other services that enable us to operate our online store and provide the Services to you.

9.2 Shopify Is Not Liable for Our Transactions

You acknowledge and agree that:

Any sales and purchases you make through our store are made directly with Vitalgong s.r.o., not with Shopify.
Shopify is not a party to your purchase contract with us.
Shopify is not responsible for:
- The quality, safety, or fitness of dietary supplements or services.
- Any injury, damage, loss, or harm resulting from dietary supplements you purchase.
- Product defects, malfunctions, or non-conformity.
- Shipping delays or delivery failures.
- Customer service or disputes with Vitalgong.
- Any aspect of any sale or transaction with Vitalgong.

9.3 Release of Shopify from Liability

You hereby expressly release and hold harmless Shopify Inc., Shopify Payments, and their respective affiliates, directors, officers, employees, and agents from all claims, damages, liabilities, costs, and expenses (including attorney's fees) arising from or related to:

Your purchases and transactions with Vitalgong.
Product quality, safety, or performance.
Disputes with Vitalgong regarding orders or products.
Any injury or damage caused by dietary supplements.
Your use of the Services.

9.4 Data Sharing with Shopify

When you use our Services, your personal information is transmitted to and processed by Shopify. Shopify acts as a data processor on our behalf under a Data Processing Agreement compliant with GDPR. Information you submit may be shared with:

Shopify Inc. (United States)
Shopify's service providers and partners (which may be located in various countries)
Third-party services integrated with our store

Review our Privacy Policy for more details on data sharing with Shopify.

9.5 Shopify Terms and Privacy Policy

Shopify operates under its own terms of service: https://www.shopify.com/legal/terms
Shopify's privacy practices are governed by: https://www.shopify.com/legal/privacy

You may be subject to Shopify's terms and privacy policies regarding Shopify services.

SECTION 10 – PRIVACY POLICY

10.1 Personal Information Collection

All personal information we collect through the Services is subject to our Privacy Policy, available at www.vitalgong.com/privacy.

10.2 Privacy Policies Acknowledge

By using the Services, you acknowledge that you have:

Read our Privacy Policy.
Understood how we collect, use, and disclose your personal information.
Consented to the collection and processing of your personal information as described in the Privacy Policy.

10.3 Shopify Privacy Policy

Certain personal information may also be subject to Shopify's Privacy Policy, available at https://www.shopify.com/legal/privacy.

Because our Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of our Services to provide and improve the Services. Your information may be transmitted to and shared with Shopify and third parties located in other countries to provide Services to you.

10.4 Data Transfers

Information you submit through the Services may be transferred to, processed in, and stored in countries other than your country of residence, including countries that may not have the same level of data protection. By using the Services, you consent to this transfer and processing.

SECTION 11 – CUSTOMER FEEDBACK AND REVIEWS

11.1 Feedback Grant of Rights

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, testimonials, evaluations, or other content (collectively, "Feedback") to us or through the Services, you grant us:

A perpetual (ongoing, indefinite) license
Worldwide license rights
Sublicensable and royalty-free license
To use, reproduce, modify, publish, distribute, display, and perform your Feedback
In any medium and for any purpose, including commercial use

11.2 Our Right to Use Feedback

We may use Feedback to:

Operate and improve the Services.
Enhance user experience and features.
Evaluate, develop, and promote products and services.
Display Feedback on the Services or in marketing materials.
Create derivative works based on your Feedback.

11.3 Your Representations Regarding Feedback

You represent and warrant that:

You own or have all necessary rights to the Feedback you submit.
You have disclosed any compensation or incentives received in connection with your Feedback.
Your Feedback does not infringe any third-party intellectual property rights.
Your Feedback complies with these Terms and applicable law.
Your Feedback does not violate any person's privacy or publicity rights.

11.4 No Confidentiality or Compensation

We are and shall be under no obligation to:

Maintain your Feedback in confidence or as proprietary information.
Pay you compensation or royalties for your Feedback.
Respond to, acknowledge, or use your Feedback.
Credit you as the source of your Feedback.

11.5 Feedback Monitoring and Removal

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be:

Unlawful, illegal, or violating any law.
Offensive, threatening, or abusive.
Libelous, defamatory, or disparaging.
Obscene or pornographic.
Violating third-party intellectual property rights (copyright, trademark, privacy rights).
Spam, phishing, or malicious content.
Otherwise objectionable or violating these Terms.

11.6 Accuracy of Feedback

You are solely responsible for the accuracy, legality, and appropriateness of any Feedback you submit. We assume no liability for any Feedback posted by you or any third party.

SECTION 12 – PRODUCT REVIEWS, RATINGS, AND TESTIMONIALS

12.1 Review Authenticity and Verification

We require that all customer reviews and ratings be:

Authentic – Written by actual customers who have used or purchased the product.
Honest – Reflecting genuine opinions and experiences.
Accurate – Containing truthful information about the product.

12.2 Our Review Management

We:

Monitor reviews for authenticity and compliance with our review policy.
May remove reviews that we determine to be fake, fraudulent, or violating these Terms.
Do not guarantee that all reviews are authentic or accurate.
Are not responsible for false, misleading, or inaccurate reviews submitted by other customers.

12.3 Disclosure of Fake Reviews

If we become aware that a review is fake or inauthentic, we will:

Remove the review from our site.
Take appropriate action, which may include reporting to relevant authorities if illegal activity is suspected.

12.4 Your Responsibility

If you submit a review or rating, you represent and warrant that:

You are the actual purchaser or user of the product.
Your review reflects your genuine opinion and experience.
Your review does not contain false, misleading, or defamatory statements.
You have not been paid or incentivized to write the review (unless you disclose this).

SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS

13.1 Typographical Errors and Inaccuracies

Occasionally, there may be information on or in the Services that contains:

Typographical errors or spelling mistakes
Inaccuracies or omissions
Incorrect product descriptions, specifications, or pricing
Mistaken promotions or offers
Incorrect shipping charges, delivery times, or product availability information

13.2 Right to Correct

We reserve the right to:

Correct any errors, inaccuracies, or omissions at any time without prior notice.
Change or update information about products, pricing, or policies.
Cancel or modify orders if any information is inaccurate at the time of purchase.
Correct pricing errors before, during, or after order processing.

If we discover a pricing error in an order you have placed, we will:

Contact you immediately via email or phone.
Inform you of the correct price.
Offer you the option to cancel the order or proceed at the corrected price.

13.3 No Liability for Errors

We are not liable for any harm, damage, or loss resulting from:

Typographical errors or inaccuracies in product information.
Temporarily unavailable or incorrect pricing.
Incorrect product descriptions or imagery.
Orders placed based on erroneous information.

SECTION 14 – PROHIBITED USES AND CONDUCT

14.1 Unlawful and Prohibited Activities

You may not access or use the Services for any unlawful purpose. You may not, directly or indirectly:

(a) Use the Services for any unlawful, illegal, malicious, or deceptive purpose.
(b) Violate any international, EU, Czech, federal, provincial, state, or local law, regulation, rule, or ordinance.
(c) Infringe upon or violate our intellectual property rights or the intellectual property rights of any third party.
(d) Harass, abuse, insult, defame, slander, disparage, intimidate, threaten, or otherwise harm any employee, agent, or any other person.
(e) Transmit false, misleading, deceptive, or fraudulent information or statements.
(f) Send, knowingly receive, upload, download, use, or re-use any material that violates these Terms or applicable law.
(g) Transmit or send any unsolicited advertising, promotional material, "junk mail," "chain letters," "spam," or similar solicitation.
(h) Impersonate or attempt to impersonate any other person, entity, or representative.
(i) Engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services.
(j) Engage in conduct that harms Vitalgong, Shopify, or other users of the Services.
(k) Engage in conduct that exposes anyone to legal liability.

14.2 Technical Prohibited Conduct

You agree not to:

(a) Upload, transmit, or introduce any viruses, malware, worms, trojan horses, or other malicious code.
(b) Reproduce, duplicate, copy, sell, resell, rent, lease, or exploit any portion of the Services without our permission.
(c) Collect, harvest, or track personal information of other users.
(d) Engage in "spamming," "phishing," "pharming," "pretexting," "spider" activity, "crawling," or "scraping."
(e) Interfere with, disrupt, circumvent, or bypass any security features or protections on the Services.
(f) Attempt to gain unauthorized access to our systems, networks, or data.
(g) Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying technology.
(h) Engage in any form of automated data collection or access without our consent.

14.3 Right to Suspend or Terminate

We reserve the right to:

Immediately suspend, disable, or terminate your account and access to the Services at any time, without notice.
Take any action we deem necessary to protect our Services, our users, and our rights.
Pursue legal action against any person engaging in prohibited conduct.
Report violators to law enforcement if applicable.

SECTION 15 – TERMINATION

15.1 Termination of Agreement

We may terminate this agreement or your access to the Services (or any part thereof):

At any time
In our sole discretion
Without notice or liability
For any reason or no reason

Grounds for termination may include, but are not limited to:

Violation of these Terms.
Suspected fraudulent activity or abuse of return/refund policy.
Violation of applicable law.
Engagement in prohibited conduct.
Non-payment of invoices or charges.
Abuse of our Services.
Inactivity for an extended period.

15.2 Your Liability After Termination

Even after termination, you will remain:

Liable for all amounts due up to and including the date of termination.
Responsible for any breaches of these Terms.
Subject to our right to pursue remedies against you.

15.3 Survival of Terms

The following sections shall survive termination and continue to apply:

Section 6 – Intellectual Property Rights
Section 11 – Feedback
Section 15 – Termination (this section)
Section 16 – Disclaimer of Warranties
Section 17 – Limitation of Liability
Section 18 – Indemnification
Section 19 – Severability
Section 20 – Waiver; Entire Agreement
Section 21 – Assignment
Section 22 – Governing Law
Section 24 – Contact Information
Any other provisions that by their nature should survive termination

15.4 Effect of Termination

Upon termination:

Your right to use the Services immediately ceases.
Your account and any associated data may be deleted.
You may lose access to your account information and purchase history (though transaction records may be maintained for legal compliance).
Any outstanding orders may be cancelled.

SECTION 16 – DISCLAIMER OF WARRANTIES

16.1 "As Is" and "As Available" Disclaimer for Dietary Supplements

EXCEPT AS EXPRESSLY STATED BY VITALGONG, THE SERVICES AND ALL DIETARY SUPPLEMENTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE.

16.2 No Warranties or Conditions

We provide the Services and dietary supplements without any representation, warranties, or conditions of any kind, either express or implied, including:

Implied warranties of merchantability – That supplements are fit to be sold and of marketable quality.
Implied warranties of fitness for a particular purpose – That supplements will meet your specific health or wellness needs.
Implied warranty of durability – That supplements will last for a reasonable period.
Warranty of title – That we own or have the right to sell the products.
Warranty of non-infringement – That products do not infringe any third-party rights.
Warranty of accuracy or completeness – That all information is accurate or complete.
Warranty of uninterrupted service – That Services will be available without interruption.
Warranty of error-free operation – That the Services will be error-free or secure.
Warranty of health effects – That supplements will produce any particular health effect or result.
Any other warranty, express or implied.

16.3 No Warranty of Health Effects or Medical Benefits

We explicitly do NOT warrant that:

Our dietary supplements will produce any particular health effect or result.
Supplements will work or produce results in your particular case.
Supplements will be effective for any particular individual.
Supplements will improve your health or wellness.
Supplements provide medical benefits or medical effects.
Supplements treat, cure, prevent, or diagnose any disease.

16.4 Limitation of Warranties Under Czech Law

To the extent permitted by Czech consumer protection law, we disclaim all warranties. However, where Czech law grants mandatory consumer protections, those protections cannot be disclaimed and shall apply to you.

SECTION 17 – LIMITATION OF LIABILITY

17.1 Maximum Liability for Dietary Supplements

TO THE FULLEST EXTENT PROVIDED BY LAW, Vitalgong and its affiliates, partners, directors, officers, employees, agents, contractors, and service providers, as well as Shopify and its affiliates and service providers, shall not be liable for any damages whatsoever arising from your use of our dietary supplements.

17.2 Types of Damages Excluded

We are not liable for any:

Direct damages – Damages directly caused by our actions.
Indirect damages – Consequential, incidental, special, or punitive damages.
Lost profits – Loss of anticipated revenue or income.
Lost revenue – Loss of business income or sales.
Lost savings – Loss of anticipated cost savings.
Loss of data – Loss of information or personal data.
Loss of use – Loss of ability to use products or services.
Replacement costs – Cost of replacing products or services.
Business interruption – Loss due to interruption of business operations.
Reputational harm – Damage to your reputation or brand.
Emotional distress – Psychological or emotional harm.
Health effects or lack thereof – Any health outcome, positive or negative.
Allergic reactions – Individual allergic reactions or intolerances to ingredients.
Lack of supplement effectiveness – Lack of noticeable health effects or results.
Any similar damages – Any other type of consequential or indirect damage.

17.3 Specific Disclaimers for Dietary Supplements

We are specifically NOT liable for:

Individual variations in supplement effectiveness
Lack of noticeable health effects or results
Individual allergic reactions or intolerances to ingredients
Adverse effects resulting from improper use or overdose
Interactions with medications or other supplements
Any health outcome or lack thereof
Effectiveness or lack of effectiveness of any product
Personal health decisions or medical effects
Failure to consult with a healthcare professional before use

17.4 Cause of Damages

This limitation applies regardless of whether damages arise from:

Contract – Breach of contract or agreement.
Tort – Including negligence, gross negligence, or recklessness.
Strict liability – Liability without fault.
Product liability – Defective products or product-related harm.
Warranty breach – Breach of express or implied warranties.
Any other legal theory – Including equity or statutory law.

17.5 Causation

This limitation applies even if:

We have been advised of the possibility of such damages.
We have actual knowledge of the likelihood of such damages.
The damages were foreseeable.
The damages could have been prevented with reasonable care.

17.6 Applicability to Dietary Supplements and Services

This limitation applies to damages arising from:

Your use or inability to use the Services.
Any dietary supplements procured using the Services.
Errors, omissions, or inaccuracies in any content on the Services.
Loss or damage of any kind arising from supplement use.
Any other claim related to your use of the Services or any dietary supplement.

17.7 Maximum Recoverable Damages

If any court finds that this limitation of liability is unenforceable, the maximum total liability of Vitalgong for any claim shall not exceed:

The amount you paid for the specific dietary supplement that caused the claim, or
50 EUR (or equivalent in CZK) if no payment was made.

17.8 Consumer Protection Limitations

To the extent permitted by Czech consumer protection law and EU law, these limitations apply. However, where law provides mandatory protections for consumers, those protections cannot be limited and shall apply to you.

17.9 Severability

If any court determines that any portion of this limitation of liability is unenforceable, that portion shall be reformed to the maximum extent permitted by law, and the remaining portions shall remain in full effect.

SECTION 18 – INDEMNIFICATION

18.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Vitalgong, Shopify, and our respective affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers from and against any and all:

Losses
Damages
Liabilities
Claims (third-party claims)
Costs (including reasonable attorney's fees, court costs, and litigation expenses)

Arising out of or relating to:

(1) Your breach of these Terms of Service or any documents incorporated by reference.
(2) Your violation of any applicable law, regulation, rule, or ordinance.
(3) Your violation of any third-party rights (intellectual property, privacy, publicity, or proprietary rights).
(4) Your access to, use of, or misuse of the Services or dietary supplements.
(5) Any dietary supplement you purchase through the Services and your use of that supplement.
(6) Any adverse health effects, allergic reactions, or health outcomes from your use of dietary supplements.
(7) Any feedback, reviews, or other content you submit.
(8) Any violation of these Terms by you or anyone using your account.

18.2 Notice of Indemnifiable Claims

We will:

Notify you of any indemnifiable claim as soon as practicable.
Provide reasonable details about the claim.

However, failure to promptly notify you will not relieve you of your indemnification obligations, unless you are materially prejudiced by the delay.

18.3 Defense and Settlement

We may control the defense and settlement of such claim at your expense.
We may select counsel of our choice (you will pay reasonable attorney's fees).
We will not settle any claim requiring non-monetary obligations from you without your prior written consent (not to be unreasonably withheld).
We will consult with you regarding the defense strategy, though we maintain control.

18.4 Your Cooperation

You agree to:

Cooperate fully in the defense of indemnified claims.
Provide relevant documents and evidence.
Assist in strategy and defense preparation.
Not make admissions or settle claims without our consent.

SECTION 19 – SEVERABILITY

19.1 Severability Clause

If any provision of these Terms of Service is determined by a court or other authority to be:

Unlawful
Void
Voidable
Unenforceable

Then that provision shall nonetheless be enforced to the fullest extent permitted by applicable law. The unenforceable portion shall be:

Deemed severed from these Terms.
Removed or reformed to the extent necessary to make it enforceable.
Replaced with a valid provision that achieves the original intent as closely as possible.

19.2 Effect on Remaining Provisions

Such determination shall not affect the validity, legality, or enforceability of any other remaining provisions of these Terms. All other provisions shall remain in full force and effect.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

20.1 Waiver

The failure of Vitalgong to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Vitalgong.

A single or partial exercise of any right does not preclude any further or other exercise of that right or any other right.

20.2 Entire Agreement

These Terms of Service, together with:

Our Privacy Policy
Our Refund Policy for Dietary Supplements
Our Shipping Policy
Any other policies posted on our website
Any separate agreements referenced herein

Constitute the entire agreement and complete understanding between you and Vitalgong regarding your use of the Services and purchase of dietary supplements. These Terms:

Supersede all prior and contemporaneous agreements.
Supersede all previous discussions, understandings, and communications.
Override any oral or written communications between us.
Govern your use of the Services.

20.3 Order of Precedence

If there is any conflict between different documents, the order of precedence is:

Specific promotional terms (for that specific promotion only)
These Terms of Service
Our Privacy Policy
Our Refund Policy for Dietary Supplements
Our Shipping Policy
Other policies

20.4 Interpretation

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party (Vitalgong). Instead, both parties acknowledge that they have had equal opportunity to negotiate these terms, and ambiguities shall be interpreted fairly and reasonably.

SECTION 21 – ASSIGNMENT

21.1 Your Restrictions

You may not:

Delegate your responsibilities under these Terms.
Transfer your rights or obligations.
Assign this agreement to any other person or entity.
Sell or transfer your account.

Any attempt to assign, transfer, or delegate without our prior written consent shall be null and void.

21.2 Our Rights

We may, without notice or consent, and at any time:

Transfer these Terms to any affiliate or subsidiary.
Assign our rights and obligations to any third party.
Delegate our responsibilities.
Sell or transfer our business, assets, or the Services.

SECTION 22 – GOVERNING LAW AND JURISDICTION

22.1 Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be:

Governed by and construed in accordance with the laws of the Czech Republic.
Not subject to conflict of law principles or rules.
Subject to the mandatory consumer protection provisions of EU law, including GDPR, Consumer Rights Directive, EU Directive 2002/46/EC (Dietary Supplements), and other applicable EU regulations.

22.2 Jurisdiction and Venue

You and Vitalgong agree to the exclusive jurisdiction of:

The Czech courts (specifically, courts in the jurisdiction where Vitalgong is registered, i.e., Prague, Czech Republic).
You consent to venue and personal jurisdiction in such courts.
You irrevocably submit to the jurisdiction of Czech courts.

22.3 Consumer Protection Rights

To the extent permitted by law, nothing in this Section shall limit any rights you have under mandatory consumer protection law or prevent you from bringing claims in courts in your country of residence, particularly where you are a consumer in the EU.

22.4 Dispute Resolution

Before initiating legal proceedings, we encourage you to attempt resolution through:

Direct negotiation with our customer service team.
Mediation or alternative dispute resolution (ADR).
Contact us at info@vitalgong.com to discuss any disputes.

SECTION 23 – HEADINGS AND STRUCTURE

The headings used throughout this agreement are included for convenience and reference purposes only. Headings shall not:

Limit or restrict the scope or meaning of any provision.
Affect the interpretation or construction of any section.
Have any legal effect independent of the substantive text.

SECTION 24 – CHANGES TO TERMS OF SERVICE

24.1 Right to Modify

We reserve the right, in our sole discretion, to:

Update these Terms of Service.
Change any provision of these Terms.
Replace these Terms entirely.
Add new provisions or remove existing ones.
Modify, suspend, or discontinue any part of the Services.

24.2 Notification and Effective Date

We will:

Post updated Terms on our website.
Update the "Last Updated" date at the top of the document.
Provide notice of material changes (in accordance with applicable law).
Specify an effective date for material changes.

24.3 Your Acceptance

Your continued use of the Services following the posting of updated Terms constitutes your acceptance of the updated Terms.
You are responsible for checking our website periodically for changes.
If you do not agree to updated Terms, you should stop using the Services.

24.4 Material Changes

For material changes that negatively affect your rights, we will:

Provide notice by email or prominent notice on our website.
Allow a reasonable period (typically 30 days) for you to review changes.
Require your affirmative acceptance of material changes, where required by law.

SECTION 25 – CONTACT INFORMATION

25.1 Customer Service

Questions, comments, or concerns regarding these Terms of Service, our Services, or your orders should be sent to:

Email: info@vitalgong.com

25.2 Business Information

Company Name: Vitalgong s.r.o.

Registered Address: Balbínova 1093, Hlavní město Praha, 120 00, Czech Republic

Registration Number (IČO): 23669918

VAT Number: To be provided upon request

Email Address: info@vitalgong.com

Website: www.vitalgong.com

25.3 Contact Methods

We will respond to inquiries within a reasonable timeframe, typically within 2-5 business days. For urgent matters, please clearly indicate this in your subject line.

25.4 Legal Communication

All legal notices, demands, or formal communications should be sent to our registered address or by email to info@vitalgong.com with "Legal Notice" in the subject line.

SECTION 26 – CONSUMER PROTECTION COMPLIANCE

26.1 Czech Consumer Protection Law

These Terms comply with the Consumer Protection Act (Act No. 634/1992 Coll., as amended) and the Civil Code (Act No. 89/2012 Coll., as amended) of the Czech Republic.

26.2 EU Consumer Protection Regulations

These Terms comply with:

Consumer Rights Directive (2011/83/EU) – Including 14-day right of withdrawal for unopened supplements.
Unfair Contract Terms Directive (93/13/EEC) – Protecting consumers from unfair terms.
GDPR (Regulation (EU) 2016/679) – Protecting personal data.
ePrivacy Directive (2002/58/EC) – Protecting electronic communications.
EU Directive 2002/46/EC – Regulating food supplements.

26.3 Dietary Supplements Regulation

These Terms comply with:

Czech Decree No. 58/2018 Sb. – Czech Food Supplements Regulation
EU Regulation 1169/2011 – Food Information to Consumers
EU Regulation 1924/2006 – Nutrition and Health Claims

26.4 Consumer Rights

Nothing in these Terms shall:

Limit or restrict your mandatory consumer rights under Czech or EU law.
Require you to waive any rights you have under consumer protection laws.
Prevent you from claiming statutory rights or remedies.
Affect your ability to pursue complaints with consumer protection authorities.

26.5 Right of Withdrawal

You have the right to withdraw from distance contracts (online purchases) within 14 days of receiving dietary supplements, provided the supplements remain unopened in original sealed packaging, in accordance with EU Consumer Rights Directive 2011/83/EU and Czech consumer protection law, subject to conditions in our Refund Policy (www.vitalgong.com/refunds).

26.6 Complaint Rights

If you believe a dietary supplement is defective or non-conforming, you have the right to:

Request replacement of the product.
Request a refund of the purchase price.
Claim compensation for any losses resulting from defective product.
Lodge a complaint with the Czech Trade Inspection Authority (Česká obchodní inspekce – COI).

FINAL PROVISIONS

These Terms of Service constitute the complete understanding between you and Vitalgong regarding your use of the Services and purchase of dietary supplements. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by all terms, conditions, and policies referenced herein.

You acknowledge that:

You understand our products are dietary supplements, NOT medicines
You understand that dietary supplements do not treat, cure, prevent, or diagnose any disease
You have the right to withdraw within 14 days (unopened supplements only)
You have rights under consumer protection laws that cannot be waived
You may pursue complaints with consumer protection authorities
You should consult with a healthcare professional before using dietary supplements

Version: 1.0
Effective Date: December 18, 2025
Last Updated: December 18, 2025
Document Status: Current and Compliant with Czech Consumer Protection Law, EU Regulations, and Dietary Supplement Regulations (EU Directive 2002/46/EC, Czech Decree No. 58/2018 Sb.)