Business Terms and Conditions

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GENERAL BUSINESS TERMS AND CONDITIONS

These general terms and conditions (“terms and conditions”) apply to all orders concluded via

the online store AntiCOVID Gel presented on the website www.anticovidgel.com (“website”) between our company PRVNI MORAVSKA OBCHODNI a.s. with residence in Příkop 843/4, 60200 Brno-Zábrdovice; Company registration number: 47677236; VAT identification number: CZ47677236; registered in the Companies House 7929 B by the Regional court in Brno; Delivery address: PRVNI MORAVSKA OBCHODNI A.S. Příkop 843/4, 60200 Brno-Zábrdovice; Phone: +420 606 949 963; Email: info@anticovidgel.com

as the seller

and

consumer as the buyer.

 

1. INTRODUCTORY PROVISIONS

We commit to supply the goods stated in the order and you commit to accept the goods and pay the retail price (“price”), including shipping costs for the delivered goods and potential fees based on the selected method of payment stated in the order. You acquire the ownership right to the goods by paying the full retail price as soon as you accept the goods.

1.1 What are your rights as consumer?

As consumer you have most importantly:

  • the right to withdraw from the contract made through means of distance communication, such as phone, email, or internet store (article 5 of these terms and conditions) within 14 days from accepting the goods;
  • entitlement to warranty on unused goods, the reason being a defect (claiming warranty is specified in the Return policy);
  • the right to obtain information before making the contract (the information is included in these terms or on the website);
  • the right for an out-of-court settlement of a consumer dispute follows these business terms.

1.2 What determines our legal relationship?

Our legal relationship is determined by the following documents:

  • these business terms which determine and specify our mutual rights and responsibilities;
  • RETURN POLICY, which we will follow in case of returning the goods;
  • The conditions for using the WEBSITE which amend registration on the website, protection of your personal data, protection of the content of the website and some other relationships related to using the website;
  • conditions and guidelines stated on the website particularly for making the contract and its acceptance on our side,
  • and in matters not amended here also by the following legal regulations:
    • Czech laws, specifically the Act No. 89/2012 Coll., Civil code, currently applicable (“Civil code”)
    • the Act No 634/1992 Coll., Consumer Act as amended (only if you are a consumer).

If your residence or main office is located outside of Czech Republic or if your legal relationship contains another international element, you acknowledge that our relationship abides by the Czech law. If you are a consumer and the legal system of the country of your residence provides a higher degree of consumer protection than Czech law, you are granted a degree of protection in legal relationships determined by the Czech legal system.

1.3 How do you give consent with the terms and conditions?

By placing an order and also confirming on the website you affirm that you are familiar with the terms and conditions and you agree to them. The current version of the terms and conditions is subject to change and amending from our side. Your rights and responsibilities are determined by the version of the terms and conditions formulated at the time of their commencement.


2. PURCHASE CONTRACT

2.1 How is the purchase contract made?

On the web site there is displayed a list of goods including the descriptions of the main features of individual items. For each of the goods a price is stated including all taxes, tariffs and fees. The presentation of the goods is of informational nature, it is not a proposal from our side to make a purchase contract in the sense of § 1732(2) of the Civil code. For the purchase contract to be concluded, it is necessary that you place an order and that the order be accepted on our side.

2.2 How to submit an order?

You can submit your order through the website (by filling in a form), or alternatively by phone, email or other means which we state as possible in the information displayed on our website.

The order must contain all the information required in the form, particularly exact identification of the ordered goods (or a numeral reference of the goods), number of items, selected method of payment and shipping and your contact information (delivery and invoice if needed).

Before a binding submission of order a summarization of the order will be given to you including the final price (depending on the selected shipping and payment method). We advise you to check particularly the type and number of goods, email and shipping address. In the summarization it is your last opportunity to change the provided information.

To place a binding order push the “Send order” button. We consider the information provided in the binding order as correct and complete. Notify us of any potential changes by phone or email.

We will inform you about receiving the order. The information (confirmation) of the order is being sent automatically and cannot be considered as accepting the order on our side, if it is not clearly stated in the confirmation.

In case we have any doubts about the authenticity and credibility of the order, we can contact you in order to verify it. We can reject an unverified order. Such order is then considered as if it hadn’t been placed.

2.3 Can you cancel a placed order?

Order which you have not yet received (i.e. you have not received acceptance of order from our side according to the Article 2.3 of these terms and conditions), cannot be canceled either by phone or email. All orders accepted by us are binding. Subsequent cancellation of an order is only possible after an agreement with us. In the case of cancellation of an order of goods that cannot be withdrawn from (more in Article 5), we are entitled to a compensation of expenses of at least 650 CZK, which have been already spent in relation to the administration of preparations of the order and its subsequent cancellation.

2.4 Can the price displayed on the website change?

The prices of presented goods and prices for packaging, shipping and delivery remain valid during the period in which they are displayed on the web site.
Potential discounts on the price of goods cannot be combined, unless stated otherwise on the website.

In case there is an evident technical error on our side concerning the displayed price of goods on the website or in the process of ordering, we are not obliged to provide the goods for this obviously incorrect price, not even in the case a confirmation of the order has been sent to you. In such case, we reserve the right to withdraw from the contract.

In case the price displayed on the website or during the process of ordering is not up-to-date, immediately notify us of this fact. If your order has not yet been accepted, we are not obliged to conclude the contract.

Shipped orders are not influenced by a change of price that occured in the period between placing the order and its acceptance on our side according to these terms and conditions.

2.5 In what languages can the order be made?

Order can be made in Czech, German and English, unless we specifically agree on a different language.

 

3 PAYMENT TERMS

3.1 What methods of payment do you accept?

The retail price can be paid by the following methods:

  • via bank transfer to our account prior to the delivery of the goods (the instructions will be given to you in the confirmation of the order);
  • by a credit card via The Pay service
  • by a credit card via other payment service

Any other potential methods of payment are stated on the WEBSITE.

3.2 How is the due date determined?

In case of cash payment, the payment is due when you receive the goods. In case of cashless payment it is due within five days from acceptance of the order according to the article 2.3.. Your commitment to pay the price in the case of cashless payment is fulfilled the moment money is credited to our bank account or to the bank account of the payment service. 

3.3 What currency can you use for the payment?

The payment for the goods can be made in Czech Crowns (CZK) or in Euros (€). Depending on the current situation we have the right to ask you to pay the full price of the goods prior to the shipment or handover (§ 2119 (1) of the Civil code would not apply).

 

4 DELIVERY TERMS

4.1 How do we send the goods?

The methods of shipment are stated on the WEBSITE. A specific method of shipment can be selected in the order. If you don’t select a method of SHIPMENT, it can be selected by us. The seller also reserves the right to change the carrier in case the nature, size or weight of the goods require it.

4.2 What are the shipping costs?

The shipping costs of the goods always depend on the size and nature of the goods and the charges of the selected carrier. Up-to-date information can be found on the website. In the order there will always be displayed the total due including shipping costs.

4.3 When will we deliver the goods?

The time of delivery of the goods always depends on its availability and selected payment and shipping. The goods that is in stock is usually dispatched within 2 days from accepting the order (when send COD or picked up in person), or money being credited to our account (in case of cashless payment). The goods that is not in stock is dispatched as soon as possible. We will inform you of the exact date.

By delivery, according to these terms and conditions, it is meant the moment the goods is handed to you. If you refuse to accept the goods without a reason, it can neither be considered as a failure to deliver the goods on our side, nor can it be considered a withdrawal from the contract on your side. In case of a successful conclusion of the purchase contract by confirming the order on the seller side and payment of the order on the consumer side (unless the moment of conclusion of the contract is stated differently in the terms and conditions) an obligation arises for the buyer to accept the goods. Not accepting the goods does not equal withdrawal from the contract.

4.4 What is the procedure for receiving the goods?

When receiving the goods, check if the packaging is intact. If you discover any issues, immediately inform the carrier and us. Refusing to receive a parcel with damaged packaging is not considered as unjustified rejection. In the moment of accepting the goods (or the moment you were obliged to accept the goods, but you did not do that contrary to the contract) responsibility for incidental destruction, damaging or losing the goods is transferred to you. 

4.5 What happens in the case you don’t accept the goods?

If the goods needs to be delivered repeatedly or by a method other than previously arranged as a result of your actions, you are obliged to cover the expenses for that. We reserve the right to withdraw from the contract and keep the stored goods free of charge after the period of 3 months from the date when storing of the goods which haven’t been accepted commenced.

 

5 WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1 How can you withdraw from the contract?

You can withdraw from the purchase contract within the period of 14 days from accepting the goods; in case the delivery is divided into several parts, from the day you accept the last one. We recommend you to send the note concerning the withdrawal from the contract in text form to our delivery address. For the withdrawal you can use our TEMPLATE FORM. We will confirm the receipt to the email address you provided. The withdrawal must be based on serious grounds on your side. 

5.2 When is it not possible to withdraw from the contract?

In accordance with the § 1837 of the Civil code it is not possible to withdraw, among others, from following contracts:

  • for delivery of goods which has been customized according to your wishes or for your person;
  • for delivery of goods that is subject to rapid decay, as well as goods that after being delivered has been irreversibly mixed with other goods or the packaging has been damaged;
  • for delivery of goods that you have taken out of its packaging and it’s not possible to put it back.

The buyer cannot apply the right to withdraw from the contract in case he breaks the “seal of quality” labeled by a logo (if he unwraps the original packaging) of a product of hygienic nature, thus making it impossible to use by another buyer regarding the general principles of hygiene and health protection.

5.3 How can you return the goods to us?

You are required to return the goods to our delivery address within 14 days from concluding the contract. Do not send it COD. We are not obliged to accept goods sent COD. 

We advise you to enclose with the returned goods:

  • copy of delivery note and invoice if these documents have been issued, or other document which proves the purchase of the goods;
  • a statement of withdrawal from the contract in text form in our form and selected method of money refund (transferring to your account, picking it personally in cash, sending as a post coupon, or other). In the statement include our delivery address, phone and email. 

Not including one of the earlier stated documents does not prevent your withdrawal from contract to be successfully completed.

5.4 When will you get your money back?

All received financial resources will be returned to you within 14 days of approving your withdrawal to the bank account of your specification. Although keep in mind, that we are not obliged to refund the money before you return the goods or prove that you have sent it. The costs involved in returning the goods to our address are up to you to cover, even in case the goods is of nature which prevents it from being sent via regular post service.

5.5 What if the returned goods is damaged?

When sending, place the goods in a suitable packaging so as to prevent it from getting damaged or destroyed. If we discover that the goods you have sent is damaged, worn with use, dirty or partly used up, you are responsible for the caused devaluation.

5.6 When can we withdraw from the purchase contract?

We reserve the right to withdraw from the contract in the following scenarios:

  • through technical error on our website an evidently incorrect price of the goods was displayed (Article 2.5 of these terms and conditions);
  • for objective reasons (mainly because the product has ceased to be made, manufacturer stopped supply to CR, etc.) it is no longer possible to supply the goods in accordance with the original conditions;
  • fulfillment becomes objectively impossible or illegal.

In case one of the above occurs, we will inform you about our withdrawal from the contract promptly. Withdrawal comes to effect for you the moment it is delivered.

If you have paid the retail price, either fully or partially, we will refund the received sum via bank transfer to an account which you will provide for this purpose, or the one from which you made your payment.

 

6 FINAL PROVISIONS

6.1. How do we process complaints?

We process any potential complaints by our email. Alternatively, you can refer to the entities from Article 6.1. In relationship with our customers, we our bound solely by the internal code of conduct. In case any of these provisions is (or becomes) invalid, ineffective or unusable, the provision in its definition closest to the invalid, ineffective or unusable provision will be used in its stead. By invalidity, ineffectiveness or unusability of one provision the validity of other provisions is not affected. Changing or amending the contract (including business terms) is only possible in text form.

 

7 PROCESSING OF PERSONAL DATA

7.1

The seller processes personal data of the buyer for the purpose of concluding and managing the contract and realization of the shipment, for fulfilling legal responsibilities or, with buyer’s consent, for improving the services and offers of the seller for purposes of marketing including commercial communication and personalization of advertisement, or alternatively another purpose for which the buyer gave his consent.

7.2

The processing of personal data is happening in accordance with the Regulation of the European Parliament and of the Council No 2016/679 of 27 May 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/ES (General Data Protection Regulation) and related Czech laws in accordance with the PRINCIPLES FOR PROCESSING PERSONAL DATA OF THE SELLER in which it is stated in what manner the seller processes the personal data of the buyer, what information about the buyer does he store, how he uses the information and to whom he potentially passes the data. The principles for processing personal data also contain a list of all the rights of the buyer in regard to the personal data processing, particularly the right to information, rectification, erasure, or the right to withdraw the consent with processing at any time.

 

These terms and conditions are valid with effect from 01.01.2020.