Terms and Conditions
I.
Basic Provisions
1. These Terms and Conditions are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") by TCM POINT s.r.o., ID No.: 28785517, registered with the Municipal Court in Prague under file No.: 369476, registered office: Příčná 1892/4, 110 00 Prague 1, contact details: objednavky@MycoMedica.cz, tel.: +420-739-454-915 (hereinafter referred to as the "Seller").
2. These Terms and Conditions regulate the mutual rights and obligations of the Seller and the person who concludes through the web interface located on the website available at www.mycomedica.cz, www.mycomedica.eu, www.mycomedica.sk, www.yaomedica.cz, www.yaomedica.com, www.yaomedica.sk, www.caremedica.cz, caremedica.eu and www.caremedica.sk (hereinafter referred to as the "online shop") a contract for the purchase of goods, a contract for the provision of services, a contract for the delivery of digital content or a contract combining the aforementioned (hereinafter collectively referred to as the "contract"), either as a consumer outside his/her business activity or as an entrepreneur within his/her business activity (hereinafter collectively referred to as the "buyer"). These Terms and Conditions shall also apply mutatis mutandis to the conclusion of contracts by other means provided for in these Terms and Conditions (i.e. by e-mail, telephone or EDI system in the case of Business Customers).
3. The
provisions of these Terms and Conditions together with the accepted order form an integral part of the contract. Deviating provisions in the contract shall prevail over the provisions of these Terms and Conditions.
4. These Terms and Conditions are available and the contract is concluded on the Internet at www.mycomedica.cz, www.yaomedica.cz and www.caremedica.cz in the Czech language, on the Internet at www.mycomedica.eu, www.yaomedica.com and caremedica.eu in the English language and on the Internet at www.mycomedica.sk, www.yaomedica.sk and caremedica.sk in the Slovak language.
II.
Information on goods, services and digital content
1. Information about goods, services or digital content (hereinafter collectively referred to as "products"), including their prices and main features, is provided in the online shop catalogue. The prices of the products are inclusive of value added tax and all related charges (hereinafter referred to as "prices") and remain valid for the period of time they are displayed in the online shop. The prices do not include the cost of delivery of the goods and the method of payment chosen by the buyer within the order. This provision does not exclude the negotiation of a contract on individually agreed terms.
2. All product
presentations in the online shop catalogue are for information purposes only (i.e. they are not an offer to conclude a contract) and do not in any way replace the advice of a qualified professional. The Seller is not obliged to conclude any contract with the Buyer regarding the presented products according to these Terms and Conditions.
3. Information on the costs associated with the packaging and delivery of goods is published in the online shop. The
information on the costs associated with the packaging and delivery of the goods provided in the online shop is valid only within the territory for which the selected part of the online shop is intended or to which delivery is limited. In parts of the online shop with the .cz extension, delivery is limited to the territory of the Czech Republic, with the .sk extension to the territory of Slovakia and with the .eu or .com extension to the countries whose selection is enabled in the first step of the order. For services and digital content, there are generally no delivery costs as they are delivered online. The cost of online access to the services or digital content is borne by the buyer and does not differ from the basic rate.
4. Any discounts on the prices of the products cannot be combined unless otherwise agreed between the Seller and the Buyer.
5. For smooth online access to the services and digital content, an electronic device (computer, mobile or tablet not older than 5 years) equipped with an internet connection (at least 20/5 Mbps) and a standard updated internet browser (Google Chrome, Microsoft Edge, Mozilla Firefox, Opera or Safari) is required, while third-party software listed in the product description in the online shop catalogue (e.g. Zoom) may also be required. The digital content is provided at a standard technical quality that can reasonably be expected taking into account its purpose.
6.The Seller reserves the right to change any digital content provided under the Contract for a certain period of time if it is outdated, misleading, violates legal regulations or the Seller is no longer authorized to make the content available (licensing reasons). The buyer may terminate the obligation under such contract without penalty if the change impairs his access to or use of the digital content in a non-significant way. Updates to the digital content are not agreed.
7. The Seller is neither the entity providing the services nor the originator (creator) of the digital content provided. The information communicated in the course of providing the services or contained in the digital content is not professional advice and is intended solely for informational purposes. The Seller is obliged to contact an expert regarding their use in individual cases. The Seller shall not be liable for any damage caused by the use of and reliance on the information contained therein.
III.
Order and conclusion of the contract
1. The Buyer expressly agrees to the use of remote means of communication. The costs incurred by the buyer in the use of remote means of communication in connection with the conclusion of the contract (internet connection costs, telephone call costs) shall be borne by the buyer. These costs do not differ from the normal rates provided by the buyer's respective telecommunications companies.
2. The Buyer shall place an order for the products presented in the catalogue of the online shop in the following ways:
a) via his customer account, if he has previously registered in the online shop,
b) by filling in the order form on the online shop without registration,
c) by phone at +420-739-454-915,
d) by e-mail at objednavky@mycomedica.cz,
and in the case of Corporate customers also:
e) via an EDI system implemented by the seller (e.g. Orion).
3. When placing an order in the online store, the buyer selects the products, chooses the number of items, the method of delivery (in the case of goods) and payment, as well as provides his contact and billing information, or other delivery address. A person who enters into a contract within the scope of his/her business activity (Business Customer) shall additionally add his/her ID number or VAT number. Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The Buyer sends the order to the Seller by clicking on the "ORDER NOW AT THE PRICE" button. The information provided in the order is considered correct and true by the Seller. The condition of sending the order is the completion of all mandatory data in the order form and the Buyer's confirmation that he/she has read these Terms and Conditions.
4. Immediately upon receipt of the order from the online store, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when placing the order. This confirmation is automatic and is not considered to be the conclusion of a contract. The contract is only concluded after the seller has received the order. The Seller reserves the right not to accept or to refuse any order. It is understood that if the Seller does not reject the proposal for the conclusion of the contract within 24 hours (on days off work, public holidays and public holidays this period is automatically extended by the duration of such days) of receipt of the order, the contract shall be deemed to be concluded and the order accepted upon expiry of this period. The order shall also be deemed to have been accepted and the contract concluded if the Seller commences performance of the contract earlier (e.g. dispatches the goods, makes digital content available, etc.). The Seller's sending of the information about the dispatch of the goods is also deemed to be confirmation of the Seller's acceptance of the order and the concluded purchase contract. Upon acceptance of the order, a contract with mutual rights and obligations according to the current Terms and Conditions is formed between the Buyer and the Seller. Notification of any rejection of the order shall be sent by the Seller to the Buyer at the Buyer's e-mail address.
5. On the basis of the purchase contract, the seller is obliged to deliver the ordered goods to the buyer, or on the basis of a contract for the provision of services, the seller is obliged to allow the buyer to use the ordered services, while the buyer is obliged to pay the price for the respective performance. Under a digital content contract, the seller undertakes to make the ordered digital content available to the buyer and the buyer undertakes to pay the price for it.
6. In the case of a telephone order made by the Buyer at the Seller's number, the contract is concluded by the Seller's acceptance of the relevant telephone call, whereby the Buyer is obliged to pay the relevant price. At the latest at the time of delivery of the product, the Seller shall confirm the conclusion of the contract to the Buyer in text form (e.g. by handing over a summary of the order received and a copy of the terms and conditions). In the case of an order placed by the Buyer by sending the order to the Seller's e-mail address, the contract is only concluded upon acceptance by the Seller to the Buyer's e-mail address, whereby the Buyer is obliged to pay the relevant price. The Buyer's order made by e-mail must contain at least the specification of the products, the required quantity, the date and place of delivery (in the case of goods), the identification and address details of the Buyer, as well as the name and surname of the person who sent the order on behalf of the Buyer. The Seller reserves the right not to accept or to refuse any telephone or e-mail order. Notification of any rejection of an order shall be sent by the Seller to the Buyer at the Buyer's e-mail address.
7. In the event that any of the requirements stated in the order cannot be fulfilled, the Seller will send an amended offer to the Buyer's e-mail address. The amended offer shall be deemed to be a new contract proposal and the contract shall be concluded in such case by confirmation sent by the Buyer to the Seller's e-mail address.
8. All orders accepted by the Seller shall be binding or shall oblige the Buyer to pay the relevant price. The Buyer may cancel his order up to the moment of its acceptance or rejection by the Seller. The Buyer may cancel an order by telephone at the telephone number or e-mail of the Seller specified in these Terms and Conditions. Cancellation of an order for goods is only possible if the order has not yet been processed and the goods have not been dispatched to the Buyer. Cancellation of an order is made by sending an e-mail to objednavky@MycoMedica.cz or by calling +420-739-454-915. The Buyer is obliged to provide information about the order, its number and his identification data.
9. In the event that there is an obvious technical error on the part of the Seller in the indication of the price in the online store or during the ordering process, the Seller is not obliged to perform for the incorrect price even if the Buyer has been sent an automatic confirmation of receipt of the order in accordance with these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer's e-mail address. The amended offer shall be deemed to be a new contract proposal and the contract shall be concluded in such case by the confirmation sent by the Buyer to the Seller's email address.
IV.
Customer account
1. Upon registration of the buyer in the online shop, the buyer can access his customer account. From his customer account, the Buyer can place orders for products. The Buyer may also place orders for products without registration.
2. When registering for a customer account and when ordering, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the customer account and when ordering products is considered correct and binding by the Seller.
3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
4. The Buyer is not entitled to allow third parties to use the customer account.
5. The customer account is established for an indefinite period of time. The Seller may cancel the Buyer's customer account if the Buyer does not use his/her customer account for more than 6 months or if the Buyer breaches his/her obligations under the Contract or these Terms and Conditions.
6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of third party hardware and software equipment.
V.
Payment terms and delivery
1. The buyer can pay the agreed price of the products and any costs associated with their delivery according to the contract on the online store in the following ways:
a) cash
on delivery or by credit card upon receipt,
b) cashless transfer to the Seller's bank account,
c) cashless transfer by credit card,
d) cashless transfer to the Seller's account through a payment gateway,
e) in cash or by credit card upon personal collection at the Seller's premises,
f) in cash or by credit card upon personal collection at the dispatch office.
2. In case of payment in cash, the price is payable upon receipt of the products. In case of non-cash payment, the price is payable according to the instructions sent by the Seller to the Buyer by e-mail in the order confirmation. In the case of payment by payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider. In the case of non-cash payment, the Buyer's obligation to pay the price is fulfilled when the relevant amount is credited to the Seller's bank account. Depending on the chosen payment method, the Buyer may be required to pay before the Seller accepts the order, in which case the amount paid is considered a deposit.
3. The choice of delivery method is made during the order process. The goods are delivered to the buyer:
a) to the address specified by the Buyer in the order,
b) via the dispatch office to the address of the dispatch office specified by the Buyer,
c) by personal collection at the Seller's premises.
4. The cost of delivery of the goods depending on the method of dispatch and collection of the goods is specified in the Buyer's order and in the Seller's order confirmation. In the event that the method of delivery is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with this method of delivery. Unless otherwise agreed, the goods shall be delivered by the shipping company DPD.
5. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
6. The packaging of the food supplement shall indicate its full composition and instructions for use. The packaging of such goods shall also always indicate the date of minimum durability of the goods.
(7) On receipt of the goods from the carrier, the purchaser shall check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. The Buyer is obliged to pay particular attention to the surface of the cardboard of the package or envelope, the protective tape and any, even minor, damage and cracks, especially punctures in the cardboard and deformations of the corner of the package. These signs may indicate careless handling of the package during transport and thus possible damage to the goods inside the package. In such a case, the buyer will draw up a claim report with the carrier, or a record of the condition in which the package or envelope was delivered, as well as any other damage, in order to resolve the claim and minimize possible damage.
8. The buyer receives the goods from the carrier in an envelope or package. The goods are dispatched within working days (usually within 1-5 working days) by handing them over to the carrier. The delivery time is governed by the internal regulations of the carrier. If some items are not currently in stock but are already in transit, the shipping time may be extended by 1-7 working days beyond the normal shipping time. In the event that some items are neither currently in stock nor in transit, the seller will contact the buyer by email. Goods will be delivered to the buyer within 30 days. Liability for accidental spoilage, damage or loss of the goods shall pass to the Buyer at the time of acceptance of the goods or at the time when the Buyer was obliged to accept the goods but failed to do so in breach of contract.
9. There are generally no delivery costs for services and digital content as they are delivered online. The cost of online access to the services or digital content is borne by the buyer and does not differ from the base rate. The services are provided on a one-off basis at an agreed time (e.g. enabling participation in a live online event). The Seller shall make the digital content available to the Buyer either immediately upon receipt of the order or at an agreed time, either in a one-off payment or for a specified period of time. If the Buyer concludes a contract for the provision of services or delivery of digital content within 14 days before the date of provision or access, then by sending the order he expressly agrees that he will be fulfilled before the expiry of the withdrawal period and thus acknowledges that his right to withdraw from the contract expires. Information and conditions for the delivery of services and digital content are provided in the description of the respective product in the online shop catalogue.
10. The Seller shall issue a tax document - invoice to the Buyer. The tax invoice is sent to the e-mail address of the Buyer or may be attached to the delivered goods. This tax document is also the delivery note. The buyer acquires ownership of the goods by paying the full purchase price for the goods including delivery costs, but not before taking delivery of the goods. The buyer does not acquire any rights (licenses) to the content of the services and digital content beyond the right to use them for his own use in accordance with their purpose and conditions.
VI.
Withdrawal from the contract and cancellation conditions
1. A buyer who has concluded a contract outside his business activity as a consumer has the right to withdraw
from the purchase contract without giving any reason. The withdrawal period is 14 days from the date of:
a) receipt of the goods,
(b) acceptance of the last delivery of the goods if the subject of the contract is several types of goods or the delivery of several parts,
(c) acceptance of the first delivery of the goods if the subject of the contract is a regular repeated delivery of goods,
(d) entering into a contract for services or digital content.
(2) The buyer may not withdraw from a contract for the supply of goods which have been manufactured to the consumer's requirements or adapted to his personal needs, which are perishable, or goods which have a short shelf life, as well as goods which, by their nature, have been irretrievably mixed with other goods after delivery, or goods which have been supplied in sealed packaging which, for health or hygiene reasons, are not suitable for return after having been breached by the consumer. The buyer may also not withdraw from a contract for the provision of services if they have been fully provided, and from a contract for the supply of digital content after performance has begun, if performance has begun with the prior express consent of the buyer before the expiry of the withdrawal period and the seller has instructed the buyer before the conclusion of the contract that the right to withdraw from the contract in such a case ceases. In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period. If a sample or gift is delivered with the order, it must be returned to the seller together with the products.
3. The buyer, who is a consumer, may withdraw from the contract by any unequivocal statement made to the seller. The Buyer may use the sample withdrawal form provided by the Seller to withdraw from the Purchase Contract. The Seller's preferred method of withdrawal is to send the declaration to the Seller's email address set out in Article I.1.
4. The Buyer who has withdrawn from the contract for the goods shall return the goods to the Seller within 14 days of withdrawal. The Buyer is obliged to return the goods preferably by standard postal package. The Buyer shall bear the costs associated with the return of the goods to the Seller.
The address for returning the goods to the seller is the address of the seller's business premises:
TCM POINT s.r.o., Tomkova 53, Police nad Metují 54954
5. The buyer must return the goods to the seller undamaged and unused, in the original unopened packaging of the goods. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price. The Buyer is obliged to return the goods together with the invoice - tax document (original or copy). Goods returned on Seller's COD will not be accepted by Seller and are not a proper return of goods.
6. In the event that the services are to be provided to the Buyer, or the digital content made available to the Buyer, starting on a specific date (hereinafter referred to as the "Date"), then the Buyer may request cancellation and refund of part of the price, provided that this request is made more than 7 days before the Date. Cancellations cannot be made later. If the buyer makes a cancellation request 14 days or less before the deadline and more than 7 days before the deadline, a cancellation fee will be deducted and 50% of the product price will be refunded. If the buyer requests cancellation more than 14 days before the deadline, the full price of the relevant product will be refunded. If the Seller changes the date, then the Buyer has the right to cancel the contract, but such cancellation must be made within 14 days of the Seller giving notice of the changes, unless the changes are notified less than 14 days before the date. In that case, the withdrawal may be exercised up to the deadline.
7. If the Buyer withdraws from the contract, the Seller shall return to the Buyer without delay, or in the case of purchase of the goods within 14 days of the return of the goods, all funds received from the Buyer, including the cost of delivery, in the same manner as the payment was received from the Buyer. The Seller shall only return the funds received to the Buyer by other means if the Buyer agrees to this and if no additional costs are incurred by the Seller. The cost of delivery of the goods shall only be refunded in the amount corresponding to the cheapest delivery method offered.
8. The Seller shall be entitled to withdraw from the contract due to out of stock, exhaustion of capacity, unavailability of the product or other reasons for impossibility of delivery, including those lying with a third party. The Seller shall promptly inform the Buyer via the email address provided in the order and shall return all monies, including delivery costs, received from the Buyer within 14 days of the notice of withdrawal in the same manner or in the manner specified by the Buyer.
VII.
Rights arising from defective performance and claims
(1) The Seller shall be liable to the Buyer that the Products are free from defects, i.e. in particular that they have the agreed characteristics (e.g. correspond to the description, quantity, quality, functionality, etc.) and are suitable for the agreed purpose, as well as that they have the usual characteristics, are suitable for the usual purpose and are supplied with appropriate instructions for use. If the goods sold, their packaging or the instructions accompanying the goods indicate the period of time for which the goods may be used, the provisions on the guarantee of quality shall apply. By guaranteeing the quality, the seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time.
2. The buyer has
the choice of how to resolve the complaint. In the event of a defect in the product, the buyer may submit a claim to the seller and, depending on the nature of the defect and the rights granted by law, demand:
a) delivery of a defect-free (new) product,
b) repair (or completion of the missing goods),
c) a reasonable discount,
d) withdrawal from the contract.
3. If the product is defective, the buyer may demand its removal (by delivery of a new product or correction of the original one), unless this is impossible or unreasonably expensive. The Seller shall remedy the defect within a reasonable time after the defect has been pointed out. The Buyer may demand a reasonable discount or withdrawal from the contract if the Seller has refused to remedy the defect, has not remedied it in accordance with the law, or it is apparent from the Seller's statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the Buyer, or if the defect is repeated, or the defect is a material breach of the relevant contract. The buyer may not withdraw from the contract if the defect is insignificant.
4. The buyer may complain about a defect in the goods that becomes apparent within two years of receipt. In the case of digital content, the buyer may complain of a defect that becomes apparent within two years of its making available. If it is to be made available for a period longer than two years, the buyer shall have the right to claim a defect that occurs or manifests itself within that period. If the defect manifests itself within one year of the receipt of the goods or the making available of the digital content, the relevant product shall be deemed to have been defective when it was received or made available (for goods, this applies only to consumer purchasers). If the digital content is made available on a one-off basis, the seller shall be liable for the defects in the digital content that were present when the digital content was made available. A defect in the services may be complained of within six months of the provision of the services.
5. When making a claim, the buyer is obliged to tell the seller what right he has chosen.
6. The Buyer may file a claim (rights from defective performance) with the Seller by telephone, email or correspondence through the contacts listed in Article I.1. In the event that the Seller's receipt of the goods is necessary for the settlement of the claim, the Seller shall agree with the Buyer on the manner of its receipt, or the Buyer may deliver the goods in person or through a postal service provider to the address according to Article VI.4. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the claim, what method of settlement of the claim the Buyer requires and the Buyer's contact details, as well as a confirmation of the date and method of settlement of the claim, or a written justification for the rejection of the claim.
7. The complaint shall be settled within 30 days from the date of the complaint, unless the Seller and the Buyer agree on a different deadline. After the expiry of this period, the buyer, who is a consumer, may withdraw from the purchase contract or demand a reasonable discount. The moment when the buyer's expression of will (exercise of the right from the defective performance) reaches the seller is considered the moment of the claim. The Seller shall inform the Buyer of the outcome of the claim by e-mail.
8. The Buyer is not entitled to the right of defective performance if the Buyer himself caused the defect. In the case of a justified claim, the Buyer is entitled to compensation for reasonable costs incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period or the quality guarantee. The buyer has no right under the guarantee if the defect is caused by an external event after the risk of damage has passed to the buyer.
8. The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by Sections 1914 to 1925, 2099 to 2117, 2389c to 2389s and (if the buyer is a consumer) Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll. on Consumer Protection.
VIII.
Delivery
(1) The Parties may deliver all written correspondence to each other by electronic mail.
2. The Buyer shall deliver correspondence to the Seller at the e-mail address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or order.
IX.
Personal data
1. All information provided by the Buyer in interacting with the Seller is considered confidential. In particular, the Seller will use the Buyer's data for the purpose of fulfilling the purchase contract or, where applicable, for the purpose of maintaining a customer account. Commercial communications may be sent to the e-mail address, as this is permitted by law, unless expressly refused. These communications may only relate to similar or related products and can be opted out of at any time in a simple way (by sending a letter, e-mail or by clicking on a link in the commercial communication).
2. More detailed information on data protection is contained in the Privacy Policy pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and Act No. 110/2019 Coll. on the processing of personal data, which is published on the Seller's website pursuant to Article I. Paragraph 1 of this Agreement.
X.
Out-of-court resolution of consumer disputes and complaints
1. The Czech Trade Inspection Authority (Česká obchodní inspekce) with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs
is competent for out-of-court settlement of consumer disputes arising from contracts. For online dispute resolution between the seller and the buyer, it is possible to use the platform located at http://ec.europa.eu/consumers/odr.
2. The point of contact under 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 online dispute resolution for consumer disputes) is the European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz.
3. The Buyer may address their complaints directly to the Seller at the e-mail address in Article I.1 of these Terms and Conditions. Information about the handling of the complaint will always be sent by the Seller to the Buyer's e-mail address.
4. The purchaser may also contact the state supervisory authorities in the relevant area directly with any complaints. The Seller is entitled to conduct his business on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. The State Agricultural and Food Inspection Authority supervises compliance with Act No 634/1992 Coll., on consumer protection, within the scope defined by law.
XI.
Special Provisions for Corporate Customers
1. These Terms and Conditions also regulate the mutual rights and obligations of the Seller and the person who concludes contracts within the scope of his business activity (hereinafter referred to as the "Business Customer"). The general part of these Terms and Conditions shall apply to the Seller's relations with Business Customers mutatis mutandis, unless it expressly regulates the relations with Business Customers. In the event of a conflict between the general part and the specific provisions for Business Customers, the specific provisions of these Terms and Conditions shall prevail for relations with Business Customers.
2. Business customers can also use ordering via EDI systems implemented by the Seller (e.g. Orion), compared to buyers who are consumers. The contract is concluded upon acceptance of the order by the Seller (e.g. by the message "ORDRSP"), whereby the Buyer is obliged to pay the price. The Buyer's order made via the EDI system must contain at least the product specification from the Seller's valid offer, the required quantity, the date and place of delivery (in the case of goods), the identification and address details of the Buyer. The Buyer is obliged to comply with the prices of the products currently in force at the Seller in the orders, taking into account, if applicable, the status of a wholesale customer. The current prices are listed in the catalogue of the online shop or the price list is available on request from the Seller. The Seller reserves the right not to accept or to refuse any order in whole or in part. Notification of any rejection of an order will be sent by the Seller via the EDI system (e.g. by the message "ORDRSP").
3. The Business Customer may arrange with the Seller for payment of prices on the basis of an invoice issued by the Seller and sent to the email or postal address provided. The invoice shall be due and payable 14 days after it is sent to the Business Customer. The price or part thereof shall be deemed to be duly paid when the relevant amount is credited to the Seller's account.
4. In the event that the Business Customer is in default of payment of the agreed price or part thereof, the Business Customer undertakes to pay the Seller contractual default interest in the amount of 0.1% of the amount due for each day of delay. In the event that the Business Customer is in default of payment of any part of the price for more than 30 days, the Business Customer shall pay the Seller a contractual penalty of 20% of the unpaid part of the total price. The contractual interest and penalty shall be payable on the seventh day following the date of receipt of the Seller's written demand for payment. The Seller shall be entitled to set off the contractual interest and the contractual penalty unilaterally against the part of the price paid, provided that the Business Customer agrees to such set-off. The contractual penalty shall not affect the Seller's right to claim damages from the Business Customer under generally binding legal regulations, nor the Business Customer's obligation to fulfil the obligation secured by the contractual penalty.
5. The business customer is obliged to keep confidential all matters of the Seller of which he becomes aware in connection with the conclusion of contracts or the maintenance of the customer account, which are not publicly available, in particular wholesale prices, contractual relationships and suppliers of the Seller, as well as the Seller's staffing and other internal conditions. This obligation continues even after the contracts have been fulfilled and the customer account has been closed.
XII.
Special Provisions for Wholesale Customers
1. The Seller may grant the status of a wholesale customer (hereinafter referred to as the "Wholesale Customer") to a Business Customer who demonstrably orders products for the purpose of resale within the scope of its business activities, according to its internal criteria.
2. The current status of the Business Customer can be found through the customer account on the online store, when the Wholesale Customer is activated wholesale prices, or can be verified at any time with the seller. For the duration of the Wholesale Customer status, the Wholesale Customer is entitled to place orders with the Seller for products at discounted wholesale prices. There is no legal entitlement to the status of Wholesale Customer and the Seller may withdraw it from the Business Customer at any time without giving any reason, in particular in the event of a breach of these Terms and Conditions, failure to comply with the condition of ordering products for resale or failure to comply with other internal criteria (e.g. failure to meet the minimum order value for the past period).
3. The Wholesale Customer is obliged to represent the Seller and its products appropriately on its website. The Seller shall make product photographs available to the Wholesale Customer in electronic form upon request, provided that the Seller may also make product information and text available to the Wholesale Customer at its discretion (collectively, "Promotional Materials"). By using the Promotional Materials made available, the Wholesale Customer accepts the terms and conditions of the non-exclusive license granted by the Seller for the duration of the Wholesale Customer's status, including that such license does not include the right to assign or sublicense the Promotional Materials to a third party, and that the Seller shall not be liable to the Wholesale Customer for any damages arising out of the use of the Promotional Materials, and the Wholesale Customer waives its right to indemnification. The Wholesale Customer shall comply with the manual for the use of the Promotional Materials, if any, enclosed with the Promotional Materials.
XIII.
Final Provisions
1. All agreements between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legislation.
2. All disputes between the Parties arising out of or in connection with the legal relationship established by the Contract shall be settled primarily by mutual negotiation, with every effort being made to reach an amicable solution, or by means of a mediator chosen jointly by the Parties. In the event that the Parties are unable to reach an amicable settlement of a dispute arising out of the legal relations established by the Agreement through mutual negotiations, the dispute shall be decided by the courts.
3. The concluded contracts are archived in electronic form with the Seller and are not accessible. The Seller is not bound by any codes of conduct in relation to the Buyer. The Buyer assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
4. Copying, modifying or using texts, photos, films, trademarks, logos and other content and elements of the Seller, including its website or parts thereof, is prohibited without the consent of the Seller. The Seller shall be entitled to enforce its rights to intellectual property objects pursuant to special legislation, in particular pursuant to Act No. 221/2006 Coll. on the enforcement of industrial property rights and the protection of trade secrets, as amended, and pursuant to Section 2976 et seq. on unfair competition under the Civil Code.
5. The Seller shall not be liable for errors resulting from third party interference with the online shop or its use contrary to its intended use. The Buyer shall not use any procedures in the use of the online shop that could have a negative impact on its operation and shall not perform any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the online shop and use the online shop or its parts or software in a manner that would be contrary to its purpose or intent.
6. The Seller is entitled to assign the rights and obligations under these Terms and Conditions or contracts arising on their basis to a third party, provided that this does not result in a deterioration of the Buyer's position. The Buyer expressly agrees to such assignment. The Buyer shall be entitled to assign the rights and obligations under these Terms and Conditions or the contracts arising thereunder to a third party only with the consent of the Seller.
7. The Seller may change or supplement the wording of these Terms and Conditions. This provision shall not affect rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. In addition, the Seller may unilaterally amend these Terms and Conditions to a reasonable extent with respect to its long-term obligations arising therefrom (e.g. customer account maintenance). The Seller shall notify the Buyer of any such change to the Terms and Conditions at least 14 days before the effective date of the new Terms and Conditions by posting the new version on the web interface of the online shop or by a message sent to the Buyer's email address. The Buyer is entitled to reject these changes to the Terms and Conditions by deleting his/her customer account. If he fails to do so or does not request it before the changes take effect, he shall be deemed to have accepted the changes to the Terms and Conditions.
8. A sample withdrawal form for consumers is attached to these Terms and Conditions.
9. These Terms and Conditions take effect on 1 January 2024.
TCM POINT s.r.o.
