For the sale of goods and services of the AIMIL Pharmaceuticals EU company. with its registered office at 628 00 Brno, Holzova 10b, Company ID: 052 14 530 registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Entry 94117
1.1 Unless otherwise agreed in writing, these Business Terms and Conditions, issued in accordance with the provisions of Act No. 89/2012 Coll., Civil Code, govern the contractual relations between AIMIL Pharmaceuticals EU s ro, with its registered office at: 628 00 Brno, Holzova 10b as the seller , and the buyer according to the purchase contract concluded according to the provisions of 2079 et seq. civil code.
1.2. All contractual relationships are concluded in accordance with the legal order of the Czech Republic. If a consumer is a contracting party, the relations not governed by the business conditions are governed by the Civil Code and the Consumer Protection Act (No. 634/1992 Coll.). It is assumed that a consumer is any person who, outside the scope of his / her business or outside the scope of the independent exercise of his / her profession, concludes a contract with, or otherwise deals with, the entrepreneur.
1.3. If a party is not a consumer, the relations governed by the business conditions are governed by the Civil Code.
1.4. Business Terms and Conditions are an integral part of the Purchase Agreement and by issuing and signing the Purchase Agreement, the Buyer confirms without reservation their agreement with these Terms and Conditions.
1.5. The subject of the purchase is Ayurvedic food supplements (hereinafter referred to as "goods") according to the seller's offer published on the Seller's website (www.bgr34.cz) for the purchase price stated on the pages and the related services. By the purchase agreement, the seller undertakes to surrender to the buyer the thing that is the subject of the purchase and to acquire ownership of it and the buyer undertakes to take over the thing and pay the seller the purchase price.
2.1. The proposal for the conclusion of the purchase contract (offer) is the placement of the offered goods by the supplier on the website (www.bgr34.cz), the purchase contract is concluded when the order is received by the seller. This acceptance will promptly confirm the buyer with an informative e-mail to the e-mail, but this confirmation does not affect the conclusion of the contract. The resulting contract (including the agreed price) may be altered or canceled only by agreement of the parties or for legal reasons.
2.2. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking the "SEND" button.
2.3. If the buyer is not a consumer, the proposal for the conclusion of the purchase contract is the order of goods sent to the buyer and the purchase contract itself is concluded at the moment of delivery of the binding agreement of the seller to the buyer with this proposal.
2.4. By signing the Purchase Agreement, the Buyer confirms that he has become familiar with these Terms of Business, including the Complaints Rules, and agrees with them. The Buyer is notified of these Terms and Conditions and the Complaints Procedure and has the opportunity to become acquainted with them in sufficient time before making the order.
2.5. The Seller reserves the right to cancel the order or part thereof before the purchase agreement is concluded, based on an agreement with the buyer, in the following cases: the goods are no longer produced or delivered or the price of the goods supplier has changed significantly. In the event that the Buyer has already paid part or the whole of the purchase price, this amount will be transferred back to his account or address and will not be concluded for the conclusion of the Purchase Agreement.
2.6. No consumer rights can be applied to gifts that are provided entirely free of charge. Such goods meet the terms of the Gift Agreement and all the standards according to the valid legislation of the Czech Republic.
3.1. The price of the goods does not include the cost of transporting the goods to the buyer.
3.3. The price of the goods does not include expen- ditly spent packing costs, which will be charged separately in the invoice at a flat rate of 0.5% of the price of the goods taken (at least CZK 30).
3.4. Additions to the price of services are added in the current price list
3.5. The seller may change the prices of the goods and services at any time, but not retrospectively.
4.1. Depending on the seller's production capacity and capacity, the delivery period will be set by the seller in the sales contract. If the delivery time is not set in the sales contract, it is 30 calendar days after the purchase contract is concluded.
4.2. Upon negotiated advance payment, the confirmed delivery time will be extended by a delay of payment with the full payment of the advance amount in full amount to the seller's account.
5. The buyer, in agreement with the seller, shall specify in the contract any of the following ways of delivering the goods:
5.1. personal takeover in Brno at the seller's premises; (Holzova 10b, 628 00 Brno).
5.2. carriage with COD; (the place of delivery of the goods to the carrier at the seller's premises or at the place of delivery for postal transport).
5.3. If the method of delivery of the goods is not stipulated in the contract, the method according to Article 5.2. (cash on delivery)
5.4. Transport costs are covered by the buyer unless agreed otherwise.
5.5. Seller is entitled to fulfill the subject matter of the contract partially and the buyer is obliged to take over the partial fulfillment of the subject of the contract.
6.1. The buyer undertakes to pay the purchase price for goods and services including transport, packaging and VAT.
6.2. The purchase price is covered as follows:
6.2.1. payment of an advance invoice amounting to 100% of the price of the goods including VAT (and in the case of the adjustment of the goods, including other costs of adjusting the goods) and then invoicing after delivery of the goods;
6.2.2. payment of cash in hand upon delivery of the goods;
6.2.3. cash on delivery.
6.3. If the method of payment of the purchase price of the goods is not stipulated in the contract, the method of its payment according to Article 6.2.3 shall apply.
6.4. If the purchase price of the goods ordered without VAT exceeds CZK 5,000, the charge is not charged and paid within the Czech Republic.
6.5. In the variant referred to in points 6.2.1. and 6.2.2. the above paragraph gives the seller the right to invoice on the date the goods are handed over to the buyer or the first public carrier.
6.6. The invoice is due within 7 days (unless otherwise agreed) from the date of issue, and the invoice is deemed to have been paid on the date of crediting the entire invoiced amount to the seller's account.
6.7. In the case of a buyer's default on the payment of his financial obligation (payment of the purchase price) or part thereof, interest for late payment in the amount corresponding to three times the discount rate of the Czech National Bank valid on the first day of delay is negotiated within the meaning of Section 1802 of the Civil Code.
6.8. Seller is also entitled to invoice partial performance of the subject of the contract and the buyer is obliged to pay such invoice within the specified maturity.
6.9. Buyer acquires title to the goods only after payment of the purchase price to the seller in full.
7.1. In the event that the Buyer breaches his contractual obligation by delaying the payment of the purchase price within 30 days of the due date, a contractual penalty of 0.3% of the amount due for each day of delay with payment of the invoice is negotiated for such breach of contract .
7.2. In the event that the length of the delay with the payment of the invoice exceeds 30 days, a contractual penalty of 10% of the amount due for each additional and 30 days commenced is negotiated.
7.3. In the event that the seller resigns for a gross violation of the Buyer's contractual obligations (Article 8.2.), The Seller shall be liable to a contractual penalty of 40% of the purchase price of the unpaid goods. Clause 7.1. and 7.2. this is not affected.
7.4. Withdrawal from the contract does not affect the right to payment of the contractual penalty.
7.5. Payment of the contractual penalty is without prejudice to the seller's right to claim damages against the buyer.
8.1. The seller may withdraw from the contract if the buyer is in default with an advance payment of more than 10 calendar days, then in the case of a gross violation of the contract (Article 8.2.) Or in the cases stipulated by the Civil Code.
8.2. For the purposes of this agreement, a gross violation of a contract is in particular a delay of payment of more than 30 days.
8.3. Withdrawal from the contract must be made in writing and must state the reason for withdrawal. By delivering a statement of will to withdraw from the contract, the contract expires on the day on which this manifestation of will was served. Withdrawal from the contract does not affect the right to payment of a contractual penalty or default interest, the right to damages or dispute settlement arrangements.
8.4. The buyer may also withdraw from the contract if, within the meaning of §1992 of the Civil Code, payment of a severance payment of 15% of the agreed purchase price of the supply, within 14 days of the conclusion of the contract, is payable within 14 days of cancellation of the contract. This does not apply in the case referred to in Article 8.5.
8.5. Seller is not responsible for breach of his contractual obligations if he or she, within the meaning of Section 2913 of the Civil Code, has temporarily or permanently prevented him from performing an unusual unforeseeable and insurmountable barrier arising out of his will. In such a case, the seller will inform the buyer in the form of a notice of a replacement extension or of the impossibility to deliver the goods at all, and the buyer will not be entitled to any damages to the seller. The buyer shall confirm the seller's consent to this replacement date in writing in writing (including by fax) within the time specified on the seller's notice. Failing to do so, purchasers are deemed to have withdrawn from the contract and the Seller will automatically, without further notice, cancel all of the previously undelivered items of the contract
8.6. Buyer is also not entitled to damages if the breach of Seller's contractual obligations was caused by buyer's negotiation or lack of buyer's cooperation.
8.7. Pokud je kupní smlouva uzavřena pomocí prostředků komunikace na dálku (v internetovém obchodě), má spotřebitel v souladu s § 1829 odst. 1 občanského zákoníku právo bez udání důvodu odstoupit od smlouvy do 14 dní od převzetí zboží (v případě, že předmětem kupní smlouvy je několik druhů zboží nebo dodání několika částí, běží tato lhůta ode dne převzetí poslední dodávky zboží). Odstoupení od kupní smlouvy musí být prodávajícímu odesláno ve lhůtě uvedené v předchozí větě s přihlédnutím k výjimkám uvedeným v bodě 8.13 .
8.8. If the consumer wishes to withdraw from the contract in accordance with the previous paragraph within 14 days, he / she shall contact the seller and preferably indicate in writing that he / she will withdraw from the contract ideally with the order number, purchase dates and money account number.
8.9. In order to withdraw from the sales contract, the consumer may also use the model form provided by the seller, which forms an annex to these terms and conditions. Withdrawal from the sales contract may be made by the consumer, inter alia, to the address of the seller's premises or to the e-mail address of the seller at email@example.com.
8.10. In the event that the Buyer withdraws from the contract in accordance with the preceding paragraphs, the seller will refund the funds received from the buyer (except for the amount representing the additional cost of returning the goods resulting from the purchaser of the chosen delivery of goods, which is different from the cheapest standard delivery of the goods offered by the seller) 14 days after the buyer withdraws from the purchase agreement in the same manner as the seller has accepted from the buyer unless the buyer specifies otherwise. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the seller.
8.11. However, the provisions of the law of withdrawal within the 14-day period can not be understood as the possibility of free-of-charge lending. In the event that the consumer has the right to withdraw from the contract within 14 days of the receipt of the transaction, the consumer must, within 14 days of withdrawal, deliver to the seller everything he has obtained under the purchase contract. If this is no longer possible (for example, in the meantime, the goods have been destroyed or consumed), the consumer must provide a cash refund in return for what can not be issued. If the returned goods are only partially damaged, the seller may claim a claim for damages on the consumer and set off his claim on the returned purchase price. In such a case, the seller is obliged to prove the damage. In this case, the seller returns only the reduced purchase price.
8.12. At the purchase price to be returned to the buyer, the seller may offset his actual costs of returning the goods.
8.13. The right of withdrawal in accordance with the provisions of Section 1837 of the Civil Code does not, in the case of contracts:
• the provision of services if they were fulfilled with his prior express consent before the expiration of the withdrawal period and before the conclusion of the contract the entrepreneur informed the consumer that in this case he had no right to withdraw from the contract,
• the supply of goods or services, the price of which depends on the financial market displacements, independent of the will of the entrepreneur, which may occur during the withdrawal period,
• the supply of perishable goods as well as goods that have been irreversibly mixed with other goods after delivery,
• the supply of goods in closed packaging which the consumer has removed from the packaging and can not be returned for hygienic reasons
8.14. The rights and obligations of the parties regarding defective performance are governed by the relevant generally binding provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., Civil Code).
8.15. The seller replies to the consumer that the item has no defects when taken over. In particular, the seller replies to the consumer that, at the time the consumer took over,
• the property has properties negotiated by the parties and, in the absence of an arrangement, features that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
• the thing is suitable for the purpose which the seller indicates or to which an item of this type is normally used,
• the item corresponds to the quality or performance of the agreed sample or original if the quality or design has been determined according to the agreed pattern or template,
• the item is in the appropriate quantity, degree or weight and
• The case complies with legal requirements. 8.16. If the property does not have the above characteristics, the consumer may also require the supply of a new item without defects if this is not disproportionate due to the nature of the defect, but if the defect relates only to parts of the item, the consumer may only require replacement parts; if this is not possible, it can withdraw from the contract. However, if the fault is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the consumer shall be entitled to a free removal of the defect. The consumer is entitled to a new item, or to a replacement, even in the case of a defect that can be remedied if the item can not be properly used for repeated defects after repair or for more defects. In such a case, the consumer has the right to withdraw from the contract.
8.17. If the consumer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace his part or to repair the item, he may require a reasonable discount. The consumer has the right to a reasonable discount even if the seller can not deliver a new thing without defects, replace the part or repair the item, and if the seller fails to remedy the remedy within a reasonable time or that the remedy to the consumer would cause serious difficulties.
8.18. The right of defective performance of the buyer does not belong if the buyer knew before the takeover of the thing that the thing was defective or if the buyer caused the defect himself.
8.19. The consumer is entitled to claim the right to a defect that occurs with consumer goods within twenty-four months of the takeover. If a defect occurs within six months of the takeover, the matter is deemed to have been defective at the time of its takeover.
8.20. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's claim rules.
9.1. The moment of receipt of the goods by the buyer or by handing it over to the first public carrier, there is a risk of damage to the goods from the seller to the buyer.
9.2. Apparent defects must be notified in writing to the Buyer in accordance with the Seller's Claim Rules, within 7 days of delivery and hidden defects within 6 months at the latest. The claim has no suspensive effect on the maturity of any seller's invoice to the buyer.
9.3. Seller is obliged to remove the recognized defects by repair, replacement or rebate of the price of the goods. The defect is determined by the seller.
9.4. Quantitative differences identified by buyers outside the seller's premises in the delivery method in accordance with Article 5, points 5.2. - 5.3. must be documented by a third independent fitness
10.1. In the event of the issuance of an accounting document or, if applicable, a call for performance by the seller to the purchaser, contractual and legal penalties (contractual fine, interest on delay, etc.), the seller is entitled to charge the seller for the issue of these documents administrative costs in a lump sum of CZK 500 for each original such documents.
10.2. Seller is entitled to offset all claims against the buyer unilaterally against potential buyer's receivables.
10.3. If the buyer stops payment or if a bankruptcy petition is filed, the seller is entitled to withdraw from the contract at any time in this case.
10.4. Seller's address for service of documents as well as for any contact with the seller, including ordering or receipt of goods, is the seller's office at 628 00 Brno, Holzova 10B.
10.5. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself.
10.6. Customer information is maintained in accordance with applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll. as subsequently amended and supplemented. By signing the agreement, the Buyer agrees to process and collect his personal data in the seller's database after the successful completion of the contract, until such time as he or she expresses his or her opposition to such processing.
10.7. The buyer has the right of access to his / her personal data, the right to correct them, including other legal rights to such data. Personal data can be removed from the database on written request of the customer. Personal data of customers are fully protected against abuse. Customer does not pass on any personal data to the customer. The exception is represented by external carriers, who transfer the personal data of the customers to the minimum extent necessary for the delivery of the goods.
10.8. Individual contracts are archived after they have been closed by the operator in electronic form and are only accessible to the business operator.
11.1. Legal relationships not governed by these terms and conditions are governed by the Civil Code.
11.2. Consumer complaints are handled by the seller via firstname.lastname@example.org. Buyer information will be sent to the buyer's electronic address.
11.3. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
11.4. These Terms and Conditions apply in the wording given on Seller's website on the date of the purchase agreement. The consumer's order is confirmed as a signed contract between the buyer and the seller for the purpose of completing it and other records, and its status is accessible to the buyer. The contract may be concluded in the Czech language, or in other languages as well, if this is not the reason for the conclusion of the contract. By purchasing, the customer agrees to send business messages
11.5. These terms and conditions allow the consumer to archive and reproduce. By the conclusion of the purchase contract, the buyer accepts all the terms and conditions of the Business Terms and Conditions as in force on the day of dispatch of the order, including the price of the ordered goods stated in the confirmed order, unless otherwise specifically agreed in the specific case.
11.6. Arbitration clause: In addition to the consensus on the above conditions, the Buyer and the Buyer have also agreed that all disputes arising out of and in connection with this Agreement will be finally settled at the Arbitration Court at the Chamber of Commerce of the Czech Republic and the Agrarian Chamber of the Czech Republic, an arbitrator appointed by the President of the Arbitration Court.
These terms become effective on 1.4.2018