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Terms and conditions
COMMERCIAL TERMS AND CONDITIONS
of the business corporation BODY CENTRUM, s.r.o.
1. INTRODUCTORY PROVISIONS
1.1 These commercial terms and conditions (hereinafter the “Commercial Terms and Conditions”) of the business corporation BODY CENTRUM, s.r.o., with its registered office at Nebovidy 165, Postal code: 664 48, Identification No.: 26215420, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 37136 (hereinafter the “Seller”) regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”) the mutual rights and obligations of the parties established in relation to or on the basis of the purchase contract (hereinafter the “Purchase Contract”) entered into between the Seller and another natural person (hereinafter the “Buyer”) through the Seller’s e-shop. The e-shop is operated by the Seller through a website on www.medistik.eu (hereinafter the “website”), through the website interface (hereinafter the “e-shop web interface”).
1.2 The Commercial Terms and Conditions do not apply to cases where the person, who intends to purchase goods from the Seller, is a legal entity or a person who acts in ordering goods within their own business operations or within their independent professional performance. However the aforementioned does not exclude the possibility to conclude a Purchase Contract with such a person under the mutually agreed conditions.
1.3 Provisions different from the Commercial Terms and Conditions may be agreed upon in the Purchase Contract. Any different provisions in the Purchase Contract shall prevail over the provisions of the Commercial Terms and Conditions.
1.4 The provisions of the Commercial Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Commercial Terms and Conditions are executed in Czech, German and English. The Purchase Contract may also be entered in the aforementioned languages.
1.5 The Seller may modify or amend the wording of the Commercial Terms and Conditions. This provision is without prejudice of the rights and obligations established in the period of effectiveness of the previous version of the Commercial Terms and Conditions.
2. USER ACCOUNT
2.1 Based on the Buyer’s registration completed through the website, the Buyer may access their own web interface. Using the Buyer’s own web interface, the Buyer may order goods (hereinafter the “User Account”). If the web interface of the e-shop allows it, the Buyer may also order goods directly from the e-shop web interface without any registration.
2.2 Upon on-line registration and when ordering goods, the Buyer must provide correct and true information. The Buyer shall be required to update the data specified in the User Account in the case of its change. The information provided by the Buyer under the User Account and when ordering any goods will be considered as correct by the Seller.
2.3 Access to the User Account is secured by a user name and password. The Buyer is required to maintain the confidentiality of all information essential for access to the User Account.
2.4 The Buyer is not authorised to allow use of the User Account by third parties.
2.5 The Seller may cancel the User Account, particularly if the Buyer does not use the User Account for a period of more than 2 years, or if the Buyer breaches any obligations under the Purchase Contract (including the Commercial Terms and Conditions).
2.6 The Buyer notes that the User Account may not be accessible continuously, particularly in view of the necessary maintenance of the Seller’s hardware and software, and any necessary maintenance of third-party hardware and software.
3. ENTERING INTO A PURCHASE CONTRACT
3.1 Any and all presentations of the goods displayed on the on-line web interface are for informative purposes only, and the Seller is not obliged to conclude any purchase contract for such goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2 The e-shop web interface contains information about the goods, including specification of prices of the individual goods and costs of returning the goods, provided such goods cannot be returned normally by post due to their nature. The prices of the goods are quoted inclusive of value added tax and all other related fees. The prices of the goods shall remain valid while the goods are displayed on the e-shop web interface. The aforementioned provision does not restrict the option of the Seller to conclude a Purchase Contract under individually agreed conditions.
3.3 The e-shop web interface also contains information about packing and delivery costs. Information about the packing and delivery costs specified on e-shop web interface only applies if the goods are delivered in the territory of the Czech Republic, unless anything else results from the offered options.
3.4 To order the goods, the Buyer shall complete the order form available through the e-shop web interface. The order form particularly contains information about:
3.4.1. the goods ordered (the Buyer shall “put” the ordered goods into the electronic shopping basket of the e-shop web interface),
3.4.2. the method of payment of the purchase price of the goods, and information about the delivery method of the ordered goods, and
3.4.3. the costs relating to delivery of the goods (hereinafter jointly referred to as the “Order”).
3.5 Before the Order is sent to the Seller, the Buyer is allowed to check or modify the information entered in the Order, including the option to check or correct errors that may have occurred while entering the data in the Order. The Buyer shall send its Order to the Seller by clicking the “BUY NOW” button. Information specified in the Order will be considered by the Seller as correct. The Seller confirms receipt of the Order by electronic mail to the Buyer, namely to the Buyer’s e-mail address specified in the User Account or in the Order (hereinafter referred to as the “Buyer’s e-mail address”).
3.6 The Seller is always entitled to ask the Buyer for additional confirmation of the Order (e.g. by phone or in writing), depending on the nature of the Order (quantity of the goods, purchase price, estimated shipping costs).
3.7 The contractual relationship between the Seller and the Buyer is established upon delivery of the notice of receipt of the Order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer’s e-mail address.
3.8 The Buyer agrees to use the means of distance communication when concluding the Purchase Contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer.
4. PRICE OF THE GOODS AND PAYMENT TERMS
4.1 The Buyer may pay the price of the goods and potential costs relating to the delivery of the goods in accordance with the Purchase Contract to the Seller in the following ways:
- In cash at the Seller’s establishment at the address: BODY CENTRUM, s.r.o., Vodní 16 in Brno;
- Cashless by payment card
- Cash (or by card, if allowed by the carrier) on delivery at the place specified by the Buyer in the order;
- By wire transfer to the Seller’s account operated by Komerční banka (hereinafter referred to as the “Seller’s Account”), unless otherwise stated in the instructions received by the Buyer with the Order confirmation
- Cashless transfer via a payment system.
4.2 Together with the purchase price, the Buyer is obliged to also pay to the Seller the costs associated with packing and delivery of the goods in the agreed amount. Unless expressly specified otherwise, the purchase price shall also be understood as including the costs of delivery of the goods.
4.3 The Seller does not require payment of any advance or another similar payment from the Buyer. This is without prejudice of the provisions of Article 4.6 of the Commercial Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4 In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is payable within 3 days from concluding the Purchase Contract.
4.5 In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods with specification of the variable symbol of the payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the respective amount into the Seller’s account.
4.6 The Seller is entitled, especially if the Buyer fails to subsequently confirm the Order (Article 3.6), to request payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.7 Discounts from the price of the goods provided by the Seller to the Buyer, if any, cannot be combined.
4.8 If it is usual in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document – invoice for payments made under the Purchase Contract. The Seller is a value added tax payer. The tax document – invoice shall be issued by the Seller to the Buyer after payment of the price of the goods, and the Seller shall send it together with the ordered goods or in electronic form to the Buyer’s e-mail address.
4.9 Pursuant to the Act on Registration of Revenues, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received revenues with the tax administrator on-line; in the event of a technical failure, no later than within 48 hours.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 The Buyer hereby notes that under the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract for supply of goods, which have been modified according to the Buyer’s wish or for the Buyer’s person, from the Purchase Contract for delivery of perishable goods as well as of the goods that have been irretrievably mixed with other goods after delivery, from a contract for supply of the sealed goods, which the consumer has removed from the packaging or opened the packaging (seal), and which cannot be returned for hygienic reasons, and from the contract for supply of sound or image recordings or a computer program, if their original packaging has been unsealed.
5.2 Unless the case referred to in Article 5.1 of the Commercial Terms and Conditions is in question, or any other case where the Purchase Contract cannot be withdrawn from, the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code within fourteen (14) days from receipt of the goods. Notice of withdrawal from the Purchase Contract must be delivered to the Seller within the period specified in the previous sentence. For withdrawal from the Purchase Contract, the Buyer may use the specimen form provided by the Seller, which is attached to the Commercial Terms and Conditions. Withdrawal from the Purchase Contract may be sent by the Buyer to, inter alia, the address of the Seller’s establishment or the Seller’s e-mail address: info@bodycentrum.cz.
5.3 If the Purchase Contract is withdrawn from under Article 5.2 of the Commercial Terms and Conditions, the Purchase Contract shall become null and void. The goods must be returned to the Seller in intact packaging within fourteen (14) days from delivery of the notice of withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs relating to returning the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5.4 In the case of withdrawal from the Purchase Contract under Article 5.2 of the Commercial Terms and Conditions, the Seller shall return the financial funds received from the Buyer within 30 (thirty) days after the Buyer’s withdrawal from the Purchase Contract in the same manner as the Seller has received them from the Buyer. The Seller is also entitled to return the fulfilment provided by the Buyer upon the return of the goods by the Buyer or in another manner, if the Buyer so agrees. If the Buyer withdraws from the Purchase Contract, the Seller will not be obliged to return the received money before the Buyer returns the goods to the Seller.
5.5 The Seller shall be entitled to unilaterally set off their claim for compensation of damage to the goods against the Buyer’s claim for refunding the purchase price.
5.6 In situations where the Buyer is entitled to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller shall also be entitled to withdraw from the Purchase Contract at any time until the takeover of the goods by the Buyer. In such case, the Seller shall return the purchase price without undue delay to the Buyer by a wire transfer into the account specified by the Buyer.
5.7 If together with the goods a gift is provided to the Buyer, a donation agreement between the Seller and the Buyer shall be entered into with a resolutive condition stipulating that if the Buyer withdraws from the Contract, the donation agreement for such gift shall no longer be effective, and the Buyer shall be required to return the provided gift to the Seller along with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
6.1 If the transport method is contractually agreed based on the Buyer’s special request, the Buyer shall bear the risk and potential additional costs related to such transport method.
6.2 If the Seller is obliged pursuant to the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer shall be obliged to take over the goods upon delivery.
6.3 If due to reasons on the Buyer’s side it becomes necessary to deliver the goods repeatedly or in a manner other than specified in the order, the Buyer shall be required to pay the costs related to repeated delivery of the goods, and the costs relating to a different delivery method.
6.4 Upon takeover of the goods from the carrier, the Buyer shall be obliged to check the integrity of the packaging of the goods, and in the case of any defects, to immediately report them to the carrier. If the packaging integrity has been violated showing unauthorised penetration into the consignment, the Buyer is not obliged to accept the shipment from the carrier
6.5 Other rights and obligations of the parties during the transport of the goods may be regulated by special delivery terms of the Seller, if issued by the Seller.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the parties regarding defective performance are governed by the applicable generally binding legal regulations of the Czech Republic (in particular by the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2 The Seller is liable to the Buyer that the goods have no defects upon takeover. In particular, the Seller shall be responsible to the Buyer that at the time the Buyer took over the goods:
7.2.1 the goods have the properties agreed between the parties, and if such agreement does not exist, the goods have the properties, which the Seller or the manufacturer described, or which the Buyer expected in view of the nature of the goods, and based on their advertising,
7.2.2 the goods are fit for the purpose of use specified by the Seller, or for which goods of this type are usually used,
7.2.3 the goods are in the corresponding quantity, dimension or weight, and
7.2.4 the goods comply with the requirements of legal regulations.
7.3 The provisions specified in Article 7.2 of the Commercial Terms and Conditions shall not apply to goods sold at a lower price due to a defect, for which the lower price was agreed, due to wear and tear of the goods caused by normal use, and in the case of used goods due to a defect corresponding to the rate of use and wear and tear, which the goods showed upon takeover by the Buyer, or if implied by the nature of the goods. The Buyer shall not have any right arising from defective performance if the defect of the goods was caused by the Buyer themselves.
7.4 The Buyer is entitled to exercise their rights arising from a defect that occurs in the consumer goods within twenty four months from the acceptance of the goods. However, no defect exists when during the aforementioned term, the “best before” period expires, or if the Buyer fails to follow the handling and storage instructions specified on the packaging, or has already removed the protective seal from the product, which secures the declared product quality.
7.5 The right of withdrawal from the Contract cannot be applied to contracts for perishable goods, goods that have been irreversibly mixed with other goods, or for goods that have been opened or removed from a sealed package and cannot be returned for hygiene reasons.
7.6 If the defective performance constitutes a material breach of the Contract, the Buyer has the right to:
7.6.1 removal of the defect by delivery of a new item without any defect, or delivery of the missing item, unless it is inadequate with regard to the nature of the defect;
7.6.2 removal of the defect by repair of the item;
7.6.3 reasonable discount from the purchase price, or
7.6.4 withdrawal from the Contract
The Buyer shall communicate their choice to the Seller upon reporting the defect or without undue delay after the defect is notified. The Buyer may not change their choice without the Seller’s consent.
7.7 If the defective performance means an unsubstantial violation of the Contract, the Buyer has the right to removal of the defect or to a reasonable purchase price discount. The Buyer may not change their choice without the Seller’s consent.
7.8 The Buyer shall exercise the rights arising from defective performance at the address of the Seller’s establishment: BODY CENTRUM, s.r.o., Vodní 16, Brno, Postal code: 602 00.
7.9 Other rights and obligations of the parties relating to the Seller’s liability for defects may be regulated by the Seller’s Complaint Rules.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires the title to the goods upon payment of the full purchase price.
8.2 The Seller is not bound, in relation to the Buyer, by any Codes of Conduct within the meaning of the provisions of Section 1826 (1) (e) of the Civil Code.
8.3 The Seller shall arrange for settlement of consumer complaints via the electronic mail address: info@bodycentrum.cz. The Seller shall send the information about settlement of the Buyer’s complaint to the Buyer’s e-mail address.
8.4 The competent authority for out-of-court settlement of consumer disputes under the Purchase Contract shall be the Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Prague 2, Identification No.: 000 20 869, internet address: https://adr.coi.cz. For on-line dispute resolution, the platform at the internet address ec.europa.eu/consumers/odr may be utilised.
8.5 The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, web address: http://www.evropskyspotrebitel.cz, is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on on-line dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer on-line dispute resolution)
8.6 The Seller is authorised to sell the goods on the basis of a trade licence. Trade inspection is carried out by the respective trade licensing authority within its competence. Supervision over personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7 The Buyer hereby assumes the risk of changing the circumstances within the meaning of Section 1765 (2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1 The Seller performs their duty to inform 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 referred to as the “GDPR Regulation”) relating to the processing of the Buyer’s personal data for the purpose of performance of the Purchase Contract, for the purpose of negotiating the Purchase Contract, and for the performance of Seller's public law obligations based on a special document.
10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1 The Buyer may grant their approval to the Seller for sending information relating to the Seller’s goods, services or business to the Buyer’s e-mail address, and furthermore to sending commercial messages by the Seller to the Buyer’s e-mail address. This consent may be revoked by the Buyer at any time in electronic manner using the Seller’s address info@bodycentrum.cz or at the Seller’s establishment address: BODY CENTRUM, s.r.o., Vodní 16, Brno, Postal code: 60200.
10.2 The Buyer agrees with the storing of so-called "cookies" in their computer. If the purchase on the website may be carried out, and the obligations of the Seller defined in the Purchase Contract may be fulfilled without storing cookies in the Buyer’s computer, the Buyer may revoke the aforementioned consent at any time.
11. DELIVERY
11.1 For delivery of information and messages to the Buyer, the Seller may use the Buyer’s e-mail address.
12. FINAL PROVISIONS
12.1 If the relationship established by the Purchase Contract contains any international (foreign) element, then the parties have agreed that the relationship shall be governed by the Czech law. The choice of law referred to in the preceding sentence shall not deprive the consumer of the protection provided by the provisions of the legal rules, from which no contractual deviation is possible, and which would apply in the absence of the choice of law pursuant to the provisions of 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).
12.2 If any provision of the Commercial Terms and Conditions is or becomes invalid or ineffective, it shall be replaced by a valid provision, the meaning of which shall correspond as closely as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice of the validity of the other provisions.
12.3 The Purchase Contract including the Commercial Terms and Conditions shall be archived by the Seller in the electronic form with restricted access.
12.4 A specimen Purchase Contract withdrawal form forms an annex to the Commercial Terms and Conditions.
12.5 The Seller’s contact data is: correspondence address: BODY CENTRUM, s.r.o., Vodní 16, Brno, Postal code: 60200, electronic mail address: info@bodycentrum.cz, telephone: 545 241 303.
In Brno, on 15/08/2019