I. Basic provisions
- These general terms and conditions (further referred to as “Terms and Conditions“) are issued in accordance with § 1751 et seq. Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”).
Martin Gerle, IČ: 65530217
established in: U Studánky 30, Praha 7, 170 00
e-mail: firstname.lastname@example.org, telephone: +420 777 947 945
(further referred to as “The Seller“)
- These Terms and Conditions govern the mutual rights and obligations of the Seller and a natural person who enters into a purchase Agreement, not as a part of its business activities, as a consumer (further referred to as: “the Buyer“) through a web interface located on the website available at www.ocrlife.cz (hereinafter referred to as “e-shop“).
- The Terms and Conditions do not apply to cases where the person who intends to purchase the goods from the Seller is a legal entity or a person who acts when ordering goods in the course of the business or in the course of the self-employed profession.
- The provisions of the Terms and Conditions are an integral part of the purchase agreement. Deviating provisions in the purchase agreement take priority over the provisions of these Terms and Conditions.
- The Terms and Conditions may be changed or supplemented by the Seller. Changes or additions enter into force on the day of their publication on the on-line store. This provision does not affect the rights and obligations arising during the period of validity of the previous version of Terms and Conditions.
- These Terms and Conditions, as well as the purchase agreement shall be concluded in English language.
II. Customer’s account
- Based on the Buyer’s registration made in the on-line store, the Buyer can access the Buyer’s customer account. The Buyer can order goods from his customer account. The Buyer can also order goods without registration.
- When registering in the customer’s account and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the user account in case of any change. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.
- Access to the customer account is secured by username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer account by third parties.
- The Buyer is not entitled to allow the use of the customer account to third parties.
- The Seller may cancel the user account, especially if the Buyer no longer uses the Buyer’s user account, or if the Buyer violates the Buyer’s obligations under the purchase agreement or these Terms and Conditions.
- The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the Seller, or necessary maintenance of third-party hardware and software.
III. Information on goods and prices
1. The web interface of the e-shop contains information about the goods, including the prices of each goods. The prices of goods are listed including Value Added Tax and all related fees with the exception of the cost of delivery of goods (shipping, postage). The prices of goods and the offer of goods remain valid as long as they are displayed in the web interface of the e-shop. The Seller reserves the right to continuously update the offer of goods and the price of goods, according to its business and operational needs. This provision does not limit the Seller’s ability to enter into a purchase agreement under individually agreed conditions.
2. The web interface of the e-shop also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the e-shop is valid only in cases when the goods are delivered within the territory of the Czech Republic.
3. All presentations of goods placed in the web interface of the e-shop are of an informative nature, have the nature of an invitation from the Seller to submit an offer to the Buyer and the Seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 par. 2 of the Civil Code shall not apply.
4. The Buyer acknowledges that the Seller is not obliged to enter into a purchase agreement, especially with persons who have previously seriously violated their obligations to the Seller, or for operational (capacity) or other reasons important to the Seller.
5. Any discounts on the purchase price of the goods cannot be combined with each other unless the Seller agrees otherwise with the Buyer.
IV. Ordering and concluding a purchase agreement
- The Buyer agrees to the use of means of distance communication when concluding the purchase agreement. Buyer’s costs caused by using means of distance communication in connection with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls), shall be paid by the Buyer. These costs do not differ from the basic rate.
- The Buyer orders goods in the following ways:
- through the Buyer’s customer account, if the Buyer has made a previous registration in the e-shop,
- by filling in the order form without registration.
- When placing an order, the Buyer chooses the goods, the amount of goods, the method of payment and delivery.
- Before sending the order, the Buyer is allowed to check and change the data he entered in the order. The Buyer sends the order to the Seller by clicking on the “Send Order“ button. The data listed in the order are considered to be correct by the Seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation from the Buyer that the Buyer has read these Terms and Conditions.
- The contractual relation between the Seller and the Buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer’s e-mail address specified in the user interface or order (further referred to as “buyer’s email address”).
- In case that any of the requirements specified in the order cannot be met by the Seller, the Seller shall send the amended offer to the Buyer’s e-mail address. The amended offer is considered a new proposal of the purchase agreement and in such a case the purchase agreement is concluded by the Buyer’s confirmation of acceptance of this offer to the Seller to his e-mail address specified in the Terms and Conditions.
- All orders accepted by the Seller are binding. The Buyer can cancel the order until the Buyer receives a notification of receipt of the order by the Seller. The Buyer may cancel the order by telephone to the Seller’s telephone number or by e-mail specified in the Terms and Conditions.
- In case that there is an obvious technical error on the part of the Seller when stating the price of goods in the on-line store or during ordering, the Seller is not obliged to deliver the goods to the Buyer for this obviously incorrect price. The Seller informs the Buyer of the error without undue delay and sends the amended offer to the Buyer to his e-mail address. The amended offer is considered a new proposal of the purchase agreement and in such a case the purchase agreement is concluded by a confirmation of acceptance by the Buyer to the email address of the Seller.
V. Payment terms and delivery of goods
1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement may be paid by the Buyer in the following ways:
- cashless payment by card,
- cashless transfer to the Seller’s account through the payment gateway ….,
- cash on delivery when handing over the goods,
- in cash or by card when personally collecting the goods at a point of dispensing ……
- Together with the purchase price, the Buyer is obliged to pay to the Seller the costs connected with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also means the costs connected with the delivery of goods.
- In case of payment in cash, the purchase price is payable upon receipt of the goods.
- In case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the time of crediting the relevant amount to the bank account of the Seller.
- The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before sending the goods is not a deposit.
- According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received sales with the tax administrator on-line, and in the event of a technical problems no later than in 48 hours.
- The goods are delivered to the buyer:
● by means of a dispensing company to the address of the point of dispensing specified by the Buyer.
- The choice of delivery method is made during the ordering of goods.
- The costs of delivery of goods depending on the method of dispatch and receipt of goods are specified in the Buyer’s order and in the order confirmation by the Seller. In case that the way of transport is contracted on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this way of transport.
- If, according to the purchase agreement, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of goods, or costs associated with another method of delivery.
- When receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods, and in case of any defects immediately notify the carrier. In case of finding a damage of the packaging indicating unauthorized entry into the parcel, the Buyer does not have to take over the shipment from the carrier.
- The Seller issues a receipt – invoice to the Buyer. The receipt is sent to the Buyer’s e-mail address.
- The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking over the goods.
- Liability for accidental destruction, damage or loss of the goods passes to the Buyer at the time of receipt of the goods, or at the moment when the Buyer was obliged to take over the goods but did not do so in violation of the purchase agreement.
VI. Withdrawal from the agreement
- The Buyer who has concluded the purchase agreement not as a part of the Buyer’s business, but as a consumer, has the right to withdraw from the purchase agreement.
- The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase agreement for the supply of goods modified according to the Buyer’s wishes, as well as goods, which are subjects to rapid destruction, wear, or obsolescence, withdraw from the purchase agreement for the supply of goods in closed packaging, which the consumer has removed from the packaging, and for hygienic reasons it is not possible to return it. If this is not the case referred to in Article 6.2. or another case where it is not possible to withdraw from the purchase agreement, the Buyer has the right to withdraw from the purchase agreement in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days:
from the delivery of goods.
- from the date of taking over the last delivery of goods, if the subject of the agreement is several types of goods or the delivery of several parts,
- from the date of taking over the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
3. In order to comply with the withdrawal period, the Buyer must send the statement of withdrawal within the withdrawal period.
4. To withdraw from the purchase agreement, the Buyer can use the sample form provided by the Seller, which forms an annex to the Terms and Conditions. Withdrawal from the purchase agreement can be sent by the Buyer to the address of the Seller: Martin Gerle, U studánky 30, Praha 7, 170 00, or to the e-mail address of the Seller: email@example.com .
- The Seller shall confirm to the Buyer without undue delay the acceptance (delivery) of withdrawal in text form to the Buyer’s e-mail address. Goods returned by the Buyer to the Seller are sent to the address: Martin Gerle, U studánky 30, Praha 7, 170 00.
- 5. In case of withdrawal from the purchase agreement in accordance with these Terms and Conditions, the purchase agreement is cancelled from the beginning. The goods have to be returned to the Seller at the expense of the Buyer without undue delay, no later than fourteen (14) calendar days from the dispatch of the withdrawal from the purchase agreement to the Seller. If the Buyer withdraws from the purchase agreement, the Seller shall return the financial means received from the Buyer (except for the amount that represents additional delivery costs occurred as a result of the Buyer’s chosen method of delivery, which is other than the cheapest standard delivery method offered by the Seller) within 14 days from the withdrawal from the purchase agreement by the Buyer, in the same way as the Seller received them from the Buyer, but the Seller reserves the right to delay the refund of the purchase price until the return of the goods.
- If the Buyer has chosen other than the cheapest method of delivery of goods offered by the Seller, the Seller shall return to the Buyer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
- If the Buyer withdraws from the purchase agreement, the Seller is not obliged to return the received financial means to the Buyer before the Buyer hands over the goods or proves that the Buyer sent the goods to the Seller.
- The goods must be returned by the Buyer to the Seller undamaged, unworn, and uncontaminated, and, if possible, in the original packaging. The Seller is entitled to set off the right to compensation for damage caused to the goods unilaterally against the Buyer’s right to refund of the purchase price.
- The Seller is entitled to withdraw from the purchase agreement due to the sale of stock, unavailability of goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or import of the goods. The Seller immediately informs the Buyer using the e-mail address specified in the order, and within 14 days from notification of withdrawal from the purchase agreement, the Seller returns all financial means, including delivery costs received from the Buyer under the agreement, in the same way or in the manner specified by the Buyer.
VII. Rights of defective performance
1. The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time the Buyer takes over the goods,
- the goods have the characteristics agreed upon by the parties, and, in the absence of an agreement, have the characteristics described by the Seller or the manufacturer or which the Buyer expects with regard to the nature of the goods and on the basis of the advertising made by them,
- the goods are fit for the purpose stated by the Seller for their use or for which goods of this type are usually used,
- the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are in the appropriate quantity, measure, or weight, and
- the goods are in accordance with the requirements of legal regulations.
- The Seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. The Buyer is otherwise entitled to exercise the right of a defect that occurs in the consumer goods within twenty-four months from receipt.
- The provisions referred to in the preceding paragraph of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed, to wear and tear caused by normal use, to used goods for a defect corresponding to the degree of use or wear at the time of the acceptance by the Buyer, or if it follows from the nature of the goods. The right of defective performance does not belong to the Buyer, if he knew before taking over the goods that the goods have a defect, or if the Buyer caused the defect.
- In case of a defect, the Buyer may submit a complaint to the Seller and request:
- exchange for new goods,
- repair of goods,
- a reasonable discount from the purchase price,
- withdrawal from the agreement.
5. The buyer has the right to withdraw from the agreement,
- if the goods have a significant defect,
- if the item cannot be used properly due to the recurrence of the defect or defects after repair,
- if there is a larger number of defects of the goods.
- A breach of the agreement is substantial when the breaching party already knew or should have known at the time the agreement was concluded that the other party would not have entered into the agreement if it had foreseen the breach.
- In the case of a defect that means a minor breach of the agreement (regardless of whether the defect is remediable or irremediable), the Buyer is entitled to the removal of the defect, or a reasonable discount on the purchase price.
- If a remediable defect has occurred repeatedly after repair (usually the third claim for the same defect or the fourth for different defects), or the goods have a large number of defects (usually at least three defects simultaneously), the Buyer has the right to claim a discount on the purchase price, exchange of the goods, or withdraw from the agreement.
- When making a complaint, the Buyer is obliged to inform the Seller which right the Buyer has chosen. The change of choice without the consent of the Seller is possible only if the Buyer has requested the correction of the defect that proves to be irreparable. If the Buyer does not choose the right from the material breach of agreement in time, the Buyer has the same rights as in the case of a minor breach of the agreement.
- If repair or exchange of the goods is not possible, upon withdrawal from the agreement, the Buyer may demand the refund of the purchase price in full.
- If the Seller proves that the Buyer knew about the defect of the goods before taking over, or that the Buyer caused it, the Seller is not obliged to comply with the Buyer’s claim.
- The Buyer cannot claim discounted goods for the reason for which the goods were discounted.
- The Seller informs the Buyer in writing about the result of the complaint. The Seller is obliged to accept the complaint in any establishment, in which the acceptance of the complaint is possible, or in business premises or place of business. The Seller is obliged to issue a written confirmation to the Buyer about when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date and manner of handling the complaint, including confirmation of repair and duration, or written justification of rejection of the complaint.
- Complaints, including the elimination of defects, must be settled immediately, no later than in 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiration of this period in vain is considered a substantial breach of the agreement and the Buyer has the right to withdraw from the purchase agreement. The moment of complaint performance is considered to be the moment when the expression of the will of the Buyer (exercise of the right from defective performance) occurs to the Seller.
- The Seller informs the Buyer in writing about the result of the complaint.
- The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over the thing that the thing has a defect, or if the Buyer caused the defect.
- In the case of a justified complaint, the Buyer has the right to reimbursement of reasonable costs incurred in connection with the complaint. The Buyer can exercise this right at the Seller within one month after the expiration of the warranty period, otherwise the court does not have to accept it.
- The Buyer has the choice of the method of complaint.
- The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.
- The Contracting Parties may all reply in writing to each other by electronic mail.
- The Buyer delivers correspondence to the Seller to the e-mail address specified in these Terms and Conditions. The Seller delivers correspondence to the Buyer to the e-mail address specified in his customer account or in the order.
IX. Personal data
In the case of protection and processing of personal data of the Buyer by the Seller, these conditions of personal data protection shall apply. (Download link)
X. Out-of-court dispute settlement
- The Czech Trade Inspection Authority is competent for the out-of-court settlement of consumer disputes arising from the purchase agreement, the office address: Štěpánská 567/15, 120 00, Praha 2, Company Registration Number: 000 20 869, Internet address: https://adr.coi.cz/cs. An on-line dispute resolution platform located at the Internet address: http://ec.europa.eu/consumers/odr can be used in resolving disputes between the Seller and the Buyer under the purchase agreement.
- European Consumer Centre Czech Republic, office address: Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point for Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on on-line dispute resolution for consumers and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on resolving consumer disputes on-line).
- The Seller is entitled to sell the goods on the basis of a trade license. Trade licensing control is carried out within the scope of its competence by the relevant Trade Licensing office. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on Consumer Protection.
XI. Final provisions
- All agreements between the Seller and the Buyer are governed by the rule of laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the rule of law of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
- The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
- All rights to the Seller’s website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
- The Seller is not responsible for errors caused by third party interventions in the on-line store, or as a result of its use in breach of its purpose. When using the on-line store, the Buyer may not use procedures that could negatively affect its operation and may not perform any activities that could allow the Buyer or third parties to interfere or use the software or other components that make up the on-line store and use the on-line store or its parts or software in such a way that would be in breach of its purpose or function.
- The Buyer hereby assumes the risk of change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
- The purchase agreement, including Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The wording of the Terms and Conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
- A sample form for withdrawal from the agreement is attached to the Terms and Conditions.
These Terms and Conditions came into effect on 11 November 2020.