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Terms and conditions

Last updated: March 01, 2014

 

 

Contents:

  1. Preamble
  2. Entering into the Purchase Contract
  3. Price of the goods and payment terms
  4. User Account
  5. Withdrawal from the Purchase Contract
  6. Transport and delivery of goods
  7. Faulty performance rights
  8. Partie´s other rights and obligations
  9. Personal data protection and sending commercial messages
  10. Sending commercial messages and storing cookies
  11. Delivery
  12. Final provisions

 

 

 

Business terms and conditions

of

Biomee, s.r.o.

with its registered office at Klentnice 157, 692 01 Klentnice,

Company Identification No.: 01867679,

VAT ID No.: CZ01867679,

registered in the Commercial Register maintained by the Regional Court in Brno under file C 79577,

for sale of goods via the e-­shop located at the website www.biomee.eu

 

 

 

Preamble


These terms and conditions (hereinafter the "Terms and Conditions") of Biomee, s.r.o., with its registered office at Kletnice 157, 692 01 Kletnice, Company ID No.: 01867679, registered in the Commercial Register maintained by the Regional Court in Brno, File C 79577 (the "Seller") hereby regulate the mutual rights and obligations of the parties established in relation to or on the basis of the Purchase Contract (the "Purchase Contract") concluded between the Seller and another individual or legal entity (the "Buyer") via the Seller´s e-­shop. The e-shop is operated by the Seller on the website www.biomee.eu, via a web interface (the "E-­shop Web Interface").

 

The Terms and Conditions also regulate the rights and obligations of the parties in the use of  the Seller´s website located at www.biomee.eu (the "website") and other related legal relations. The Terms and Conditions do not apply to cases when a person going to buy goods from the Seller purchases them within the normal course of its business.

 

Provisions different from those provided in the Terms and Conditions may be agreed in the Purchase Contract. Different arrangements in the Purchase Contract shall prevail over the provisions of the Terms and Conditions.

 

The provisions of the Terms and Conditions shall be an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are executed in Czech, German and English. The Purchase Contract may be concluded in Czech, German or in English.

 

The Seller shall be entitled to change or amend the wording of the Terms and Conditions. This provision shall not affect the rights and obligations established during the effectiveness of the previous version of these Terms and Conditions.

 

Legal relationships between the Seller and Buyer not stipulated by the Terms and Conditions or the Purchase Contract are governed by Act No. 89/2012 Coll., Civil Code, as amended (the "Civil Code"). 

 

 

 

Entering into the Purchase Contract


The E-shop Web Interface includes a list of goods offered by the Seller for sale including a price quotation of the individual goods offered. The prices of the goods offered are quoted inclusive of value added tax and all related fees. The range of goods for sale and the prices of such goods remain valid for the period during which they are displayed on the E-shop Web Interface. This provision shall not limit the Seller´s option to conclude the Purchase Contract under individually agreed terms and conditions. All offers for the sale of goods available on the E-shop Web Interface are not binding and the Seller is not obliged to conclude a Purchase Contract for such goods. The provisions of Section 1732 para. 2 of the Civil Code shall not be applied.

 

The E-shop Web Interface shall also provide information on costs related to packing and delivering the goods. The information about the costs related to postage and packaging provided on the E-shop Web Interface is only valid when the goods are delivered within the Czech Republic and members states of the European Union or European Economic Area.

 

To order the goods, the Buyer shall complete the order form available on the E-shop Web Interface. The order form shall include information about:

 

a) ordered goods;

 

b) the method of payment of the purchase price of the goods, and information about the required method of delivery of the goods ordered;

 

c) information about the costs relating to delivery of the goods (hereinafter referred to together as the "Order").

 

Prior to sending the Order to the Seller, the Buyer shall be entitled to check and edit the Buyer´s data provided in the Order; even with regard to the Buyer´s option to identify and correct mistakes incurred when entering data in the Order. The Order shall be sent by the Buyer to the Seller by clicking on the "Order" button. The data provided in the Order is considered by the Seller as correct and binding. Immediately after receiving the Order, the Seller shall confirm receipt to the Buyer by email to the Buyer´s email address provided in the User Interface or in the Order (the "Buyer´s Email Address").

 

Depending on the character of the Order (quantity of goods, the purchase price amount, the expected costs of transport), the Seller will always be entitled to ask the Buyer for additional confirmation of the Order (for example in writing or by phone).

 

The contractual relationship between the Seller and the Buyer shall be established by delivering the acceptance of the Order that the Seller shall send to the Buyer via email to the Buyer´s Email Address.

 

The Buyer is aware that the Seller is not obliged to enter into the Purchase Contract, in particular with persons who previously violated their obligations to the Seller.

 

The Buyer agrees with the use of remote communication systems when entering into the Purchase Contract. The costs incurred by the Buyer when using remote communication means in relation to entering into the Purchase Contract (costs of internet connection or telephone calls) shall be paid by the Buyer. 

 

 

 

Price of the goods and payment terms


The price of the goods and eventual costs associated with delivery of the goods according to the Purchase Contract can be paid by the Buyer to the Seller by the methods offered in the order form, unless the Seller offers other methods.

 

Along with the purchase price, the Buyer shall further be obliged to compensate the Seller for any costs related to the packing and delivery of goods. Unless expressly stated otherwise, the purchase price shall be understood as including the goods delivery costs.

 

If payment is made in cash or in cash on delivery, the purchase price shall be due upon receipt of the goods. In case of direct deposit payment, the purchase price shall be payable within 3 days from the execution of the Purchase Contract.

 

In case of direct deposit payment, the Buyer shall be obliged to make the payment for the goods purchase price along with the respective payment variable symbol. In case of direct deposit payment, the Buyer´s obligation to pay the purchase price shall be completed when the respective amount is deposited on the Seller´s bank account.

 

The Seller is entitled, in particular when the Buyer does not confirm the Order to the sufficient extent (Article 2.5), to require payment of the entire purchase price before sending the goods to the Buyer. The provision in Section 2119 para. 1 of the Civil Code shall not be applied.

 

Contingent goods purchase price discounts provided by the Seller to the Buyer shall not be mutually combinable.

 

If usual in business practice or stipulated in generally binding regulations, the Seller shall issue to the Buyer the respective tax document (invoice) regarding payments ensuing from the Purchase Contract. The Seller is the value added taxpayer. The Seller shall issue the respective tax document (invoice) for the Buyer after dispatching the goods to the Buyer and shall send it in electronic form to the Buyer´s Email Address.

 

 

 

User Account


The Buyer can register on the website to create a personal user interface, especially for the purposes of better administration of his orders and receiving information and commercial messages.

 

When registering on the website, as well as while ordering goods, the Buyer is obliged to correctly and truly provide all data. The Buyer is obliged to update the data provided in the User Account each time it changes. The Seller shall consider the data provided by the Buyer in the User Account and in ordering goods as correct.

 

Access to the User Account is secured by a username and a password. The Buyer is obliged to maintain in confidentiality all information necessary to access their User Account and notes that the Seller assumes no responsibility for violation of this obligation by the Buyer.

 

The Buyer shall not be entitled to allow third parties to use the User Account.

 

The Seller may cancel the User Account particularly when the Buyer has not been using their User Account for an extended period of time, or when the Buyer violates their obligations resulting from the Purchase Contract (including the Terms and Conditions).

 

The Buyer shall acknowledge that its User Account may not be accessible at all times primarily due to necessary maintenance of the hardware and software equipment of the Seller, or, if need be, due to necessary maintenance of the hardware and software of third parties.

 

 

 

Withdrawal from the Purchase Contract


The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code it is not possible to withdraw from the Purchase Contract on goods modified to the Buyer´s order, or on perishable goods, or subject to wear or aging.

 

In cases other than those defined in the previous Clause or other ones when the Purchase Contract could not be cancelled, the Buyer shall be entitled to cancel the Purchase Contract within fourteen (14) days from accepting the goods whereas in case when the Purchase Contract covers several kinds of goods or delivery of several parts, the time for cancelling shall start once the last goods delivery is accepted. The Buyer shall be obliged to send its Purchase Contract cancellation within the time period stipulated in the previous sentence. To withdraw from the Purchase Contract, the Buyer can use the template form, available for download on the bottom of this page.

 

In the case of withdrawal from the Contract according to Article 4.2 of the Terms and Conditions, the Purchase Contract shall become null and void. The goods shall have to be returned to the Seller within fourteen (14) working days from the cancellation of the Purchase Contract by the Buyer. Should the Buyer cancel the Purchase Contract, the Buyer shall be obliged to cover all the costs related to the goods return to the Seller even when the goods cannot be returned through the usual postal service due to their nature. The goods have to be returned to the Seller undamaged and without wear and tear and, if possible, in the original packaging.

 

Within three (3) business days of the return of the goods by the Buyer pursuant to the previous article of the Terms and Conditions, the Seller is entitled to check the returned goods, particularly to find if the returned goods are damaged, worn or partially consumed.

 

In case of withdrawal from the Purchase Contract according to Art. 4.2 of the Terms and Conditions the Buyer returns the delivery, provided by the Seller to the Buyer within fourteen (14) days by the same means as the goods were received by the Buyer from the Seller. The Seller shall also be entitled to return the money provided by the Buyer already at the time the goods are returned by the Buyer or in another way as long as the Buyer agrees and no other cost incurs to the Buyer. If the Buyer cancels the Purchase Contract, the Seller shall not be obliged to return the money accepted to the Buyer before the Buyer returns the goods to the Seller, or proves that the goods were dispatched to the Seller.

 

The Buyer understands that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller will have the right to receive from the Buyer compensation for any damage incurred by the Seller due to the goods being in such condition. The Seller shall be entitled to unilaterally apply the entitlement to compensation for arising losses against the Buyer´s entitlement to a refund of the purchase price.

 

The Seller shall be entitled to cancel the Purchase Contract at any time before the Buyer returns the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay via direct deposit on the bank account specified by the Buyer.

 

 


Transport and delivery of goods


The Seller selects the method of delivery of the goods, unless otherwise stated in the Purchase Contract. If the method of transport is agreed on the basis of the Buyer´s request, the Buyer shall bear the risk and any additional costs related to such a method of transport.

 

If the Seller is obliged 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. Should the Buyer fail to accept the goods upon delivery, the Seller is entitled to withdraw from the Purchase Contract.

 

If it is necessary to deliver the goods repeatedly (more than once) or otherwise than specified in the Order for reasons on the Buyer´s side, the Buyer shall be obliged to settle the costs relating to the repeated delivery of the goods, its storage, or the costs relating to another method of delivery.

 

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 case of any defects to report such defects to the carrier immediately. 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 By signing the delivery note the Buyer confirms that the package of the consignment was not damaged.

 

Other rights and obligations of the Parties in transporting the goods may be regulated by the Seller´s special delivery terms if provided.

 

 

 

Faulty performance rights


The Seller shall be liable to the Buyer for the sold item being in compliance with the Purchase Contract, in particular that it is without any defects. Compliance with the Purchase Agreement means that each sold item has the quality and useful characteristics agreed in the Agreement, described by the Seller or expected based on advertising and/or the quality and useful characteristics that are typical for such type of product and that the product satisfies legal requirements, is in the required quantity, extent or weight and corresponds to the purpose of use specified by the Seller or to its usual purpose of use.

 

Provisions stipulated in Clause 6.2 of the Terms and Conditions shall not be applied to the goods sold for a lower price due to a defect or wear and tear caused by the regular use for which the lower price has been agreed; to the used goods for a defect corresponding to the use and wear and tear rate the goods already shown when accepted by the Buyer, or if implied by the nature of the goods.

 

Should the defect show itself within six months from the acceptance, the goods shall be deemed defective already upon acceptance.

 

The Buyer executes his faulty performance rights at the offices of the Seller. The moment the Seller receives the goods under complaint shall be considered as the moment the complaint is filed.

 

 

 

Partie´s other rights and obligations


The Buyer shall take possession of the goods after paying the entire purchase price for the goods.

 

The Buyer is aware that the software and other components of the E-shop Web Interface (including photographs of the offered goods) are protected by copyright. The Buyer is bound not to perform any activity which might allow him or any third party to interfere with or use without authorisation the software or other components representing the E-shop Web Interface.

 

When using the E-shop Web Interface, the Buyer is not entitled to use mechanisms, software or other procedures that might have a negative impact on the operation of the E-shop Web Interface. The E-shop Web Interface can only be used as long as the usage is not to the detriment of the rights of the Seller´s other customers and if it is in accordance with the purpose of the e-shop.

 

In relation to the Buyer, the Seller shall not be bound by any code of conduct within the meaning of the provisions of Section 1826 para. 1 lett. e) of the Civil Code.

 

The Buyer is aware that the Seller assumes no responsibility for mistakes caused by interventions by third parties in the website or as a result of using the website contrary to its purpose.

 

The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 para. 2 of the Civil Code.

 

 

 

Personal data protection and sending commercial messages


Personal data protection with regard to the Buyer, who is an individual, is provided under Act No. 101/2000 Coll. on personal data protection, as amended.

 

The Buyer agrees with the processing of the following personal data: his first name and surname, residential address, identification number, tax identification number, email address, phone number and other information provided by the Buyer in the user´s account or on the order form (all hereinafter jointly referred to as "Personal Data").

 

The Buyer agrees with the processing of Personal Data by the Seller for the purpose of performing the rights and obligations resulting from the Purchase Contract, for the purpose of user´s account management and for the purpose of operating the User Account.

 

The Buyer shall acknowledge its obligation to provide the Personal Data (especially upon registration, in its User Account, in placing orders via the E-shop Web Interface) correctly  and truly and to inform the Seller about any changes in the Personal Data without undue delay.

 

The Seller may authorise a third person to process the Buyer´s personal data, especially entities necessary for quality processing of the order, goods delivery and for ensuring customer satisfaction.

 

The Personal Data shall be processed for an indefinite period of time. The Personal Data shall be processed in electronic form in an automatic system, or printed in a non-automatic way.

 

By signing the Purchase Contract, the Buyer confirms that the provided personal data is correct and accurate and that the Buyer has been instructed that providing the personal data is voluntary.

 

Should the Buyer feel that the Seller or the processor (Clause 9.5) uses the Personal Data contrary to the rules describing the protection of private and personal life, or contrary to the law, in particular if the Personal Data is inaccurate with regard to the processing purposes, the Buyer shall be entitled to:

 

a) request the Seller or the data processor to provide an explanation;

 

b) request the Seller or the data processor to remedy this situation. This may particularly include blocking, correcting, supplementing or destroying the Personal Data. If, based on the previous sentence, the customer request is justified, the Seller or the data processor must remedy the defective status immediately. If the Seller or the data processor fails to satisfy the request, the customer may exercise his rights and forward this issue directly to the Office for Personal Data Protection. This provision does not affect the customer´s right to address the Office for Personal Data Protection directly and immediately.

 

If the customer requests the Seller to explain and describe the actual method used to process the Personal Data, the Seller shall be obliged to provide the customer with such information. The Seller is entitled to ask for a reasonable compensation for information provided according to the previous sentence; however, this compensation shall not exceed the costs required for providing the information.

 

 

 

Sending commercial messages and storing cookies


The customer agrees with sending information related to the Seller´s goods, services or company to the customer´s email address and with the Seller sending commercial communications to the customer´s email address.

 

The Buyer shall agree with the storing of "cookies" in its computer.

 

 

 

Delivery


Unless agreed otherwise, all correspondence relating to the Purchase Contract must be delivered to the other party in writing by email, in person or via postal service operator (at the sender´s discretion). Deliveries to the Buyer are to be made to the email address specified in the Buyer´s User Account.

 

 

 

Final provisions


If the relationship based on the use of the website or the legal relationship established by the Purchase Contract includes an international (foreign) element, the parties have agreed that the relationship will be governed by Czech law, except for the application of the UN Convention on Contracts on International Purchase of Goods. This is without prejudice to the consumer rights resulting from the generally binding legal regulations.

 

The Seller is entitled to sell goods on the basis of a Trade Licence, and the Seller´s activities are not subject to any other permits.

 

If any provision of the General Terms and Conditions is or becomes invalid or ineffective, a new provision shall be applied instead of the invalid provision, the meaning of which will be as close as possible to the meaning of the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Any changes in or amendments to the Purchase Contract or the Terms and Conditions must be made in writing.

 

The Purchase Contract including the Terms and Conditions shall be archived in electronic form and not accessible. 

 

 

 

In Klentnice, on 1 March 2014

 

 

Term and conditions
File type: Dokument PDF, file size: 113.2 kB, download
Term and conditions

 

Specimen form: withdrawal from the purchase contract
File type: Dokument PDF, file size: 177.4 kB, download
Specimen form: withdrawal from the purchase contract