General Terms and Conditions

General Terms and Conditions

 

  1. Basic provisions
  2. These General Business Terms and Conditions (hereinafter referred to as “these GBTCs”) have been issued pursuant to section 1751 et seq. of the Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “the Civil Code”) by
  • OnlineMedical s.r.o.
  • Business registration number: 08155852
  • VAT ID#: CZ08155852
  • Registered office: Na Pankráci 1062/58, 140 00 Praha 4
  • Registered with the Regional Court in Prague, C 313907
  • Contact details:
  • Email address: info@onlinemedical.cz
  • Telephone: +420 253 253 753
  • Website: www.onlinemedical.cz

(hereinafter referred to as “the Seller”)

  1. These GBTCs regulate the mutual rights and duties of the Seller and the natural person who enters into the sale contract either as a consumer rather than as an entrepreneur or as an entrepreneur (hereinafter referred to as “the Buyer”), through the web interface located on the website at nanopromedical.cz (hereinafter referred to as “the Online Store”).
  2. The provisions of these GBTCs make an integral part of the sale contract. Contradictory provisions in the sale contract will prevail over the provisions of these GBTCs.
  3. These GBTCs and the sale contract are made in the Czech language.

 

  1. Information on products and prices
  2. Information on products including the price of each product and its main properties accompany each product in the Online Store’s catalogue. The prices of products are quoted inclusive of value-added tax, all related charges and costs for the return of products whose nature prevents their return by a standard postal method. The prices of products remain valid over the time of their presentation in the Online Store. This provision does not exclude the possibility of negotiating a sale contract with individually agreed conditions.
  3. All product presentations located in the Online Store catalogue are for information purposes only and the Seller is not obliged to enter into a sale contract for the presented products.
  4. The Online Store contains information on packaging and delivery costs. The information on packaging and delivery costs published in the Online Store apply only to products delivered within the Czech Republic.
  5. Unless the Seller and the Buyer agree otherwise, it is not possible to combine any discounts of the purchase price of products.
  6. The Operator reserves the right to correct the price of the goods prior to dispatch if it is found that the goods have been offered at an incorrect price. In this case, the customer must be informed of the correct price and must agree to the price adjustment. Otherwise, the purchase contract will not be concluded and the order will be cancelled by the operator.

 

III. Order for products and entering into a sale contract

  1. The Buyer’s costs (Internet connection charges, phone call charges) incurred due to the use of remote means of communication in connection with the entering into the sale contract are payable by the Buyer alone. These costs do not differ from the basic rate.
  2. The procedure to order products by the Buyer is as follows:
  • By means of the customer account if the Buyer has registered in the Online Store;
  • By filling in the order form without registration.
  1. During the ordering process, the Buyer will select the product(s), quantity, method of payment and delivery.
  2. The Buyer will be able to check and alter the data entered by the Buyer into the order form before its submission. By clicking the button “Submit order,” the Buyer will submit the order to the Seller. The Seller will consider all details entered into the order form as correct. Only those order forms that contain all obligatory details and the Buyer’s confirmation that the Buyer has read these GBTCs are valid.
  3. Immediately after the receipt of the order form, the Seller will send a confirmation of receipt of the order form to the Buyer’s email address entered by the Buyer into the order form. This is an automatically generated confirmation that does not constitute a contract. Attached to the confirmation will be the current version of these GBTCs. The sale contract will only be entered into when the Seller accepts the order. The notice of acceptance of the order will be delivered to the Buyer’s email address. /Immediately after the receipt of the order form, the Seller will send a confirmation of receipt of the order form to the Buyer’s email address entered by the Buyer into the order form. This confirmation is considered as entering into a sale contract. Attached to the confirmation will be the current version of these GBTCs. The sale contract is entered when the Buyer sends a confirmation of the order to the Buyer’s email address.
  4. If the Seller cannot fulfil any of the requirements contained in the order form, the Seller will send an altered offer to the Buyer’s email address. The altered offer is considered as a new proposal of a sale contract, in which case the sale contract is entered into when the Buyer confirms the acceptance of such offer to the Seller’s email address specified in these GBTCs.
  5. All order forms accepted by the Seller are binding. Until the Buyer receives the notice of acceptance of the offer by the Seller, the Buyer is free to cancel the order. The Buyer may cancel the order by calling the telephone number or sending an email to the Seller’s email address specified in these GBTCs.
  6. In the event of an evident technical error made by the Seller in the presentation of the price of a product in the Online Store or during the ordering process, the Seller will not be obliged to deliver the product to the Buyer at this, quite evidently erroneous price even if an automatically generated confirmation of the receipt of the order has been sent to the Buyer in accordance with these GBTCs. The Seller will inform the Buyer about the error without unnecessary delay and will send an altered offer to the Buyer’s email address. The altered offer will be considered as a new proposal of a sale contract, in which case the sale contract will be entered into when the Buyer confirms the acceptance of such offer to the Seller’s email address.

 

  1. Customer account
  2. Once the Buyer registers in the Online Store, the Buyer can access the customer account. The customer account can be used to place orders of products. Orders of products without prior registration are also possible.
  3. The Buyer is obliged to provide correct and true details for customer account registration and for ordering products. The customer account details have to be updated by the Buyer in the event of any change thereof. The details entered by the Buyer into the customer account and orders of products will be considered by the Seller as correct.
  4. The access to the customer account is protected by user name and password. The Buyer is obliged to maintain confidentiality of the information necessary to access the customer account. The Seller disclaims any responsibility for any misuse of the customer account by a third party.
  5. The Buyer is not entitled to allow any third parties to use the customer account.
  6. The Seller may cancel the customer account in situations which include but are not limited to a long period of inactivity of the Buyer or breach of the Buyer’s duties resulting from the sale contract or these GBTCs.
  7. The Buyer acknowledges that the customer account may not be available all the time, especially if the Seller or a third party needs to carry out necessary maintenance of the hardware or software equipment.

 

  1. Payment terms and delivery of products
  2. The Buyer may use the following methods to pay the price of the products and the delivery costs according to the sale contract:
  • bank transfer to the Seller’s account number 2301918455/2010 – CZ2620100000002301918455 – FIOBCZPPXXX ​maintained with Fio banka, a.s.; 
  • cashless payment by card;
  • cashless transfer to the Seller’s account via the Go Pay payment gateway;
  • by cash on delivery of the products;
  • by cash or by card at the time when the products are picked up at a pick-up location. 
  1. The purchase price has to be paid by the Seller together with the agreed packaging and delivery costs. Unless expressly stated otherwise, the purchase price means also the cost of delivery of the products.
  2. In case of cash payment, the purchase price is payable at the acceptance of the products. In case of cashless payment, the purchase price is payable within  days from the entering into the sale contract.
  3. In case of payment via a payment gateway, the Buyer has to follow the gateway operator’s instructions.
  4. In case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s bank account.
  5. The Seller does not request any advance or similar payment from the Buyer. The payment of the purchase price before the products are sent does not constitute an advance payment.
  6. Pursuant to the Sales Records Act, the Seller is obliged to issue a receipt for the Buyer. The Seller is obliged to record the sale online with the tax administrator at the same time, or within up to 48 hours at the latest in case of a technical problem.
  7. The products will be delivered to the Buyer:
  • to the address specified by the Buyer in the order form;
  • to the address of the pickup location designated by the Buyer;
  1. The method of delivery will be selected during the ordering process.
  2. The costs of delivery of products will be specified in the Buyer’s order and in the Seller’s confirmation of the order depending on the method of sending and receiving of the products. If the agreed method of transportation is based on a special request of the Buyer, the Buyer will bear the risk and any additional costs associated with the method of transportation.
  3. If the Seller is obliged under the sale contract to deliver the products to a place designated by the Buyer in the order form, the Buyer is obliged to take over the products at the time of delivery. If, for reasons on the Buyer’s side, the products have to be redelivered or delivered in another way than the one designated in the order form, the Buyer will be obliged to pay the costs of redelivery or another way of delivery of the products.
  4. At the time of takeover of the products from the carrier, the Buyer has to examine the integrity of the packaging of the products and immediately inform the carrier about any defects. If the packaging shows signs of tampering, the Buyer is not obliged to take the consignment over from the carrier.
  5. Cancellation policy: When canceling a confirmed order, the customer pays a cancellation fee of 5% of the total order volume and 100% of the costs incurred for logistics and administrative activities.
  6. The Seller will issue a tax document – invoice for the Buyer. The tax document will be sent to the Buyer’s email address./The tax document will be attached to the delivered products.
  7. The Buyer becomes the owner of the products by payment of the full purchase price of the products including the delivery costs, however not earlier than at the time of takeover of the products. The liability for accidental destruction, damage or loss of the products passes onto the Buyer at the time of takeover of the products or at the time when the Buyer became obliged to take the products over but, contrary to the sale contract, did not do so.

 

  1. Withdrawal from the contract
  2. If the Buyer has entered into the sale contract as a consumer rather than as an entrepreneur, the Buyer has the right to withdraw from the sale contract.
  3. The time limit for withdrawal from the contract is 14 days from:
  • the day of takeover of the products;
  • the day of takeover of the last delivery of products if the contract is for several kinds of products or for delivery of several parts;
  • the day of takeover of the first delivery of products if the contract is for regular repeated delivery of products.
  1. Situations where the Buyer is not permitted to withdraw from the sale contract include but are not limited to:
  • Provision of services if the services have been provided with his/her prior express consent before the expiry of the withdrawal period and the Seller has informed the Buyer before the conclusion of the contract that in such a case, the Buyer does not have any right to withdraw from the contract;
  • Delivery of products or services whose price depends on fluctuations in the financial market independently of the will of the Seller and which may occur during the period of withdrawal from the contract;
  • Supply of alcoholic beverages, which may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the Seller;
  • Supply of products which have been altered as requested by the Buyer or for the Buyer’s personal needs;
  • Supply of perishable products as well as products which have been irretrievably mixed with other products after delivery;
  • Delivery of products in a sealed package, which were removed by the Buyer from the package and cannot be returned for hygienic reasons;
  • Delivery of an audio or video recording or a computer programme whose original packaging has been opened by the Buyer;
  • Delivery of newspapers, periodicals or magazines;
  • Delivery of digital contents other than on a physical carrier if the delivery has taken place with the Buyer’s prior express consent before the expiry of the withdrawal period and the Seller has informed the Buyer before the conclusion of the contract that in such a case, the Buyer does not have any right to withdraw from the contract;
  • In other cases set forth in section 1837 of the Civil Code.
  1. The Buyer has to send the notice of withdrawal within the time limit set for withdrawal from the contract.
  2. The Buyer may use the form provided by the Seller as a notice of withdrawal to withdraw from the sale contract. The notice of withdrawal from the sale contract has to be sent by the Buyer to the Seller’s email or delivery address designated in these GBTCs. The Seller will confirm the receipt of the form immediately.
  3. If the Buyer withdraws from the contract, the Buyer will be obliged to return the products back to the Seller, within 14 days from the withdrawal from the sale contract. The Buyer will bear the costs of returning the products back to the Seller even if the products, due to their nature, cannot be returned by a standard postal method.
  4. If the Buyer withdraws from the contract, the Seller will immediately, however not later than 14 days from the withdrawal from the contract, all amounts of money including the costs of delivery received from the Buyer, using the same method. The Seller will only use another method for returning the received amounts of money from the Buyer if the Buyer consents to it and if the Buyer does not incur any further costs.
  5. If the Buyer has selected a delivery method other than the cheapest one, the costs of delivery of products returned by the Seller to the Buyer will correspond to the costs of the cheapest offered method of delivery of products.
  6. If the Buyer withdraws from the sale contract, the Seller will not be obliged to return the received amounts of money back to the Buyer before the Buyer hands the products over to the Seller or proves that the products have been sent to the Seller.
  7. The products returned by the Buyer to the Seller must not be damaged, worn, or dirty; if possible, they should be returned in the original wrapping. The Seller may set off the claim to a compensation for damage caused to the products against the Buyer’s claim to the refunded purchase price.
  8. The Seller may withdraw from the sale contract if the products are sold out, if the products are not available, or if the manufacturer, importer or supplier of the products interrupted their production or importation. The Seller will immediately send a notice to the Buyer’s email address designated in the order form and will, within 14 days from the notice of withdrawal from the sale contract, refund all amounts of money including delivery costs received from the Buyer under the contract, using the same method or another method designated by the Buyer.

 

VII. Rights due to defective performance

  1. The Seller is liable to the Buyer for the accepted products being flawless. The Seller’s liability to the Buyer includes but is not limited to the following:
  • At the time of acceptance of the products, the products have the properties agreed by the parties, and if such a provision is missing, the properties described by the Seller or the manufacturer or expected by the Buyer in view of the character of the products and on the basis of the advertising conducted by them;
  • At the time of acceptance of the products, the products are suitable for the purpose for which they are intended according to the Seller or for which this type of products is usually used;
  • At the time of acceptance of the products, the quality or craftsmanship of the products correspond to the specimen or model if the quality of craftsmanship has been set using an agreed specimen or model;
  • The quantity, measure, or weight of the products are as ordered and the product comply with legal requirements.
  1. The minimum scope and duration of the Seller’s duties related to defective performance is the scope and duration of the manufacturer’s duties related to defective performance. Otherwise, the Buyer will be entitled to exercise the right to claim a defect of the consumer products that occurs within twenty-four months from the acceptance of the products.
  2. If a shelf life is designated on the sold products, its package, in the instructions for use attached to the products, or in another legal advertisement, the provisions applicable to quality warranty will be used. By providing a quality warranty, the Seller undertakes that the products will be fit for the intended use or that they will maintain their usual properties during a certain period of time. If the Buyer’s claim of defective products is justified, neither the time period for exercising the rights due to defective performance or the warranty period run for the period during which the Buyer cannot use the defective products.
  3. The provisions set out in the preceding paragraph of these GBTCs do not apply to products sold at a lower price because of a defect for which the lower price was agreed; to wear and tear caused by normal use; in case of used products, to defects corresponding to the degree of use or wear present in the products at the time of their takeover by the Buyer; or if it follows from the nature of the products. The Buyer may not claim any rights due to defective performance if the Buyer has known before taking over the products that the products were defective or if the defects have been caused by the Buyer.
  4. If a defect occurs, the Buyer may submit a claim to the Seller and request:
  • Replacement with new products;
  • Repair of the products;
  • Adequate purchase discount;
  • Withdrawal from the sale contract.
  1. The Buyer is entitled to withdrawal from the sale contract:
  • If the products have a material defect;
  • If the products cannot be properly used due to the recurrence of a defect or defects after repair;
  • In case of multiple defects of the products.
  1. A material breach means a breach of the contract that the breaching party was or must have been aware of at the time of entering into the contract and that would have prevented the other party from entering into the contract if the breach has been anticipated by the other party.
  2. In case of defects that constitute a non-material breach of the contract (regardless of whether they can or cannot be remedied) the Buyer may claim remedy of the defects or an adequate purchase discount.
  3. If a defect that can be remedied recurs after repair (as a rule, a third complaint about the same defect or a fourth complaint about different defects) or if multiple defects occur (as a rule, at least three defects at the same time), the Buyer has the right to request a purchase discount or replacement of the products or withdraw from the contract.
  4. The Buyer is obliged to inform the Seller about the selected right at the time of making a claim. Except with the Seller’s consent, the selected right may only be changed if the Buyer has requested repair of a defect that cannot be remedied. If the right resulting from a material breach of the contract is not selected by the Buyer in due time, the Buyer will have the same rights as in the event of a non-material breach of the contract.
  5. If the products cannot be repaired or replaced, the Buyer may withdraw from the contract and request a full refund of the purchase price.
  6. If the Seller proves that the Buyer knew about the defect of the products before their takeover or that the Buyer caused the defect, the Seller is not obliged to satisfy the Buyer’s claim.
  7. The Buyer may not make a claim for discounted products for the reason for which the products were discounted.
  8. The Seller is obliged to accept claims at any premises where the acceptance of claims is possible, including the registered office 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 claim and what method of handling the claim is required by the Buyer, as well as confirmation of the date and method of handling the claim, including confirmation of repair and its duration, or written justification of rejection of the claim.
  9. The Seller or an employee authorised by the Seller will decide on the claim immediately, or in complex cases within three working days. This period does not include a reasonable time required for a professional assessment of the defect of the type of product or service in question. Claims, including the remedy of defects, must be settled immediately, no later than 30 days from the date of the claim, unless the Seller and the Buyer agree on a longer period. The expiration of this period in vain is considered a material breach of the contract, in which case the Buyer will have the right to withdraw from the purchase contract. The claim is considered to be made at the moment when the expression of the Buyer’s will (exercise of the right due to defective performance) reaches the Seller.
  10. The Seller has to inform the Buyer in writing about the outcome of the claim procedure.
  11. The Buyer may not claim any rights due to defective performance if the Buyer has known before taking over the products that the products were defective or if the defects have been caused by the Buyer.
  12. If the claim is justified, the Buyer has the right to compensation of reasonable costs incurred in connection with the making of the claim. The Buyer may exercise the right against the Seller within a period of one month from expiration of the warranty period; otherwise, the right may not be judicially recognised.
  13. The Buyer is free to select the method of claim.
  14. The rights and duties of the parties related to the rights due to defective performance are governed by sections 1914 – 1925, 2099 – 2117 and 2161 – 2174 of the Civil Code and by the Act No. 634/1992 Coll., on consumer protection.
  15. Other rights and duties of the parties related to the Seller’s liability for defects are governed by the Seller’s rules of claim procedure.
  16. Judicial disputes will be resolved by courts with jurisdiction over the place of the Seller’s registered office.

 

VII. Delivery of notices

  1. The parties may use electronic mail for exchange of all correspondence.
  2. The Buyer will deliver correspondence to the Seller’s email address designated in these GBTCs. The Seller will deliver correspondence to the Buyer’s email address designated in the Buyer’s customer account or order form.

 

  1. Personal data
  2. All information provided by you in the course of our cooperation will be confidential information and will be handled by us as such. Unless you give us written permission to do so, we will not use your data for any purpose other than for the purpose of performing the contract, with the exception of the email address to which commercial communications may be sent, as this is permitted by law unless you refuse. These messages may only concern similar or related products and may be unsubscribed at any time in a simple way (by sending a letter, email or by clicking on a link in the commercial message). The email address will be kept for this purpose for a period of 3 years from the conclusion of the last contract between the parties.
  3. More detailed information on personal data protection can be found in the Privacy Policy HERE.

 

  1. Alternative dispute resolution
  2. The body competent to carry out alternative dispute resolution procedures arising from sale contracts is the Czech Trade Inspection Authority (“the CTIA”) with its registered office located at Štěpánská 567/15, 120 00 Prague 2, business registration number: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the sale contract.
  3. The European Consumer Centre of the Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
  4. The Seller is entitled to sell products on the basis of a trade license. Trade licensing inspections are performed by the relevant trade licensing office within the scope of its competence. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with the Act No. 634/1992 Coll., on consumer protection.

 

  1. Closing provisions
  2. All agreements between the Seller and the Buyer are governed by the law of the Czech Republic. If the relationship established by the sale contract contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer’s rights arising from generally binding legal regulations.
  3. In relation to the Buyer, the Seller is not bound by any codes of conduct in the sense of the provisions of section 1826(1)(e) of the Civil Code.
  4. All rights to the Seller’s website, including but not limited to the copyright to the content, 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.
  5. The Seller is not responsible for errors caused by third party tampering with the Online Store or as a result of its use contrary to its purpose. When using the Online Store, the Buyer may not use procedures that could adversely affect its operation and may not perform any activity that could enable the Buyer or third parties to tamper with or use the programme or other components that make up the Online Store and use the Online Store, or its parts or software in a way that would be contrary to its intended purpose.
  6. The Buyer hereby assumes the risk of a change of circumstances in the sense of section 1765(2) of the Civil Code.
  7. The sale contract including these GBTCs will be archived by the Seller in electronic format and will not be accessible.
  8. The wording of these GBTCs may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising over the term of duration of the previous version of these GBTCs.
  9. Attached to these GBTCs is a form that can be used as a notice of withdrawal from the contract.

 

These GBTSc take effect on 1 January 2023