Terms and Conditions - Karel Hrnčíř

Chomutice no. p. 81, 507 53

establishment Jičín 506 01, Průmyslová 1270, ID 18848125,

in the Commercial Register kept at the Regional Court in Hradec Králové, registered in Section A, Insert 11764, hereinafter referred to as “Seller”

E-mail: [email protected]

www: https://www.biomag.cz

phone: +420 493 691 730

1. INTRODUCTORY PROVISIONS, INFORMATION

• The Seller, a manufacturer and distributor of Biomag® magnetotherapy medical devices, concludes business cooperation by personal visit or by e-mail or telephone communication.
• These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the Seller, regulate, in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the CC), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”).
• The Terms and Conditions are valid from 1. October 2018, their wording may be changed or supplemented by the seller, each such change or supplement is valid from the date of placing the full text of the terms and conditions of Karel Hrnčíř – BIOMAG on the website www.biomag.cz. The rights and obligations arising from business relationships prior to the effectiveness of these Terms and Conditions or any amendment or supplement thereto shall be governed by the previous Terms and Conditions.
• The Terms and Conditions do not apply to cases where the buyer is not a consumer within the meaning of the provisions of the CC.
• Provisions deviating from the terms and conditions may be agreed in the purchase contract. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.
• The provisions of these terms and conditions are an integral part of the purchase contract.
• When concluding the purchase contract, the buyer is obliged to provide all information correctly and truthfully.
• The costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate of his operator.
• The Buyer is entitled to exercise the right to withdraw from the contract under the conditions, within the time limits and in accordance with the procedure set out below in these terms and conditions.

2. CONCLUSION OF THE PURCHASE CONTRACT AND PAYMENT TERMS

• The parties conclude the purchase contract in writing on the basis of the seller’s offer or the buyer’s demand.
• The offer (demand) of goods and the conclusion of the purchase contract, unless otherwise agreed, may be preceded by a contractual relationship of a contract for the rental of movable property concluded for the purpose of testing the goods.
• Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, it is understood that the costs associated with the delivery of the goods are included in the purchase price.
• In case of cash payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of delivery of the goods, unless the buyer is already holding the goods on the basis of a previously concluded contract for the rental of movable property.
• In case of non-cash payment of the purchase price, the buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller’s account.
• The Seller shall issue a tax document – invoice to the Buyer in respect of payments made under the Purchase Agreement. The seller is a payer of value added tax. The seller delivers the tax document – invoice to the buyer by mail or together with the goods.
• We charge postage and packing costs according to the current price list of the Czech Post for the delivery of goods by cash on delivery via “Parcel in Hand of the Czech Post”.
• The promotion: ‘Plus you can get the annual customer bonus, the great practical BIOMAG LightFit Duo’ is conditional on the purchase of the Biomag Lumina 3D-e FSe kit.

3. DELIVERY OF GOODS

• The Seller shall deliver the goods to the Buyer complete on the date of conclusion of the Purchase Contract, unless the Seller and the Buyer agree otherwise.
• In the event that the buyer already holds the goods under a previous lease agreement for movable property, the date of receipt of the goods by the buyer shall be deemed to be the first day following the day on which the lease period expired.
• In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
• If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the contract, the buyer is obliged to take delivery of the goods upon delivery.
• In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the contract, the buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. the costs of other delivery methods.
• Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier.
• Documents for the goods, in particular tax document, confirmation, certificates, are delivered by the seller to the buyer at the same time as the goods, if the purchase price is payable upon receipt of the goods, otherwise no later than 10 days after receipt of the goods by the buyer.

4. WITHDRAWAL FROM THE PURCHASE CONTRACT

• The buyer may withdraw from the contract within 14 days of receipt of the goods or the last part of the delivery.
• A contract for the supply of goods that have been modified according to the purchaser’s wishes or for the purchaser’s person cannot be withdrawn from.
• The buyer shall send or deliver the withdrawal from the contract to the seller in a demonstrable manner within 14 days. The buyer does not have to state the reason for which he/she is withdrawing from the contract. To facilitate communication, it is advisable to include the date of purchase or contract number, bank account and the chosen method of return in the withdrawal.
• For withdrawal from the purchase contract, the buyer can use the sample form (Annex 2) provided by the seller, which is an annex to the terms and conditions. The buyer may send the withdrawal from the purchase contract to, among others, the address of the seller’s premises: Jičín, Průmyslová 1270, Postal Code 506 01, or to the Seller’s e-mail address: [email protected].
• Withdrawal from the Purchase Contract cancels the Purchase Contract from the outset.
• The Seller is obliged to return to the Buyer the amount fully corresponding to the purchase price and the costs paid for its delivery within 14 days of receipt of the returned goods. The goods must be returned to the seller complete, preferably in their original packaging, and must not show signs of wear or damage.
• The cost of returning the goods is borne by the buyer, so it is not possible to return goods on delivery.
• If the returned goods are damaged due to a breach of the buyer’s obligations, the seller is entitled to claim against the buyer for compensation for the reduction in the value of the goods (damage) and to set it off against the returned purchase price.
• The buyer is entitled to withdraw from the contract at any time before taking delivery of the goods.
• If the buyer withdraws from the purchase contract before taking delivery of the goods, but at the time when the goods have been demonstrably dispatched by the seller to the buyer, the terms and conditions apply as if the withdrawal had occurred after the goods had been taken delivery.
• If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the buyer shall be obliged to return the gift together with the goods to the seller.

5. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE – COMPLAINTS PROCEDURE

Quality on receipt

• If the goods received have defects (e.g. they do not have the agreed or reasonably expected characteristics, are not suitable for the usual or agreed purpose, are not complete, do not correspond to the quantity, measure, weight or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects of the goods for which the seller is liable.
• If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt.

Legal rights from defects

• The Seller is liable for defects arising after receipt of the goods within the 24-month warranty period or within the period of use specified in the advertisement, on the packaging of the goods or in the enclosed instructions.
• Within this period, the buyer may file a claim and, at his option, claim for a defect that constitutes a material breach of contract (regardless of whether the defect is removable or irremovable):
  remedy the defect by supplying a new item without the defect or by supplying the missing item;
  the defect is repaired free of charge;
  a reasonable discount on the purchase price;
  or a refund of the purchase price on the basis of withdrawal from the contract.
• A material breach of contract is one which the party breaching the contract already knew or must have known at the time of entering into the contract that the other party would not have entered into the contract if it had foreseen the breach.
• In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or irremovable), the buyer is entitled to have the defect removed or a reasonable discount on the purchase price.
• If a repairable defect occurs repeatedly after repair (third claim for the same defect or fourth claim for different defects) or the goods have a greater number of defects (at least three defects at the same time), the buyer may exercise the right to a discount on the purchase price, exchange the goods or withdraw from the contract.
• The seller is not liable for defects due to normal wear and tear or failure to follow the instructions for use.
• If the buyer asserts the defect against the seller rightfully, the time limit for asserting rights from the defective performance does not run for the period during which the goods are under repair and the buyer cannot use them.

General

• The Seller is obliged to decide on the complaint without delay, within three working days at the latest, or if an assessment is required to make a decision. Information about the need for a professional assessment will be communicated to the buyer within this period.
• The seller is not obliged to satisfy the buyer’s claim if he proves that the buyer knew about the defect of the goods before taking over or caused it himself.
• The buyer is obliged to prove the purchase of the goods (proof of purchase). The time limit for the settlement of the complaint starts from the handover / delivery of the goods to the seller or to the place designated for repair. Goods must be packed in suitable packaging to prevent damage during transport and should be clean and complete.
• The Seller shall settle the complaint, including the removal of the defect, without undue delay, no later than 30 days from its application, unless a longer period is agreed in writing with the Buyer. After the expiration of this period, the buyer has the same rights as if it were a material breach of contract.
• In the case of a legitimate claim, the buyer is entitled to a refund of the reasonable costs incurred.
• In other respects, the rights and obligations of the contracting parties with respect to rights arising from defective performance are governed by the relevant generally binding provisions (in particular, Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).
• The rights from defective performance and claims shall be exercised by the buyer at the seller’s business address at Jičín, Průmyslová 1270, post code 506 01, or at the seller’s electronic mail address: [email protected] listed on the website www.biomag.cz.

6. DATA PROTECTION

• The Buyer agrees that the personal data provided will be processed and stored by the Seller in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter referred to as the Regulation) for the purpose of fulfilling the subject matter of the contract. The buyer has the right to be informed what data the seller records about him and is entitled to change these data or to express his disagreement with their processing in writing.
• Supervision of personal data protection is carried out by the Office for Personal Data Protection.
• The Buyer may notify the Seller that he wishes to stop sending commercial communications, if he has previously agreed to this, to the electronic address obtained in connection with the performance of the contract, without incurring any costs.
• The Buyer acknowledges that he/she is obliged to provide his/her personal data correctly and truthfully and that he/she is obliged to inform the Seller without undue delay of any change in his/her personal data.

Within the framework of the Regulation, we provide buyers with the following basic information about the processing of personal data:

• The seller is the data controller when selling or providing other services. It processes personal data to the extent that they have been provided to it on the basis of these Terms and Conditions, solely for the purpose of concluding the purchase contract or the partial additional service referred to in these Terms and Conditions, provided by the Seller. This includes personal data in the following scope: name, surname, address, e-mail and telephone number, if applicable, and other personal data if necessary for the provision of the service. The legal title for the processing of personal data is the contract concluded between the seller and the person providing the data. In partial cases, the processing of personal data is based on its necessity for the purposes of the legitimate interests of the seller (e.g. for complaint purposes).
• Personal data is subject to data protection under applicable law, in particular the Regulation.
• The provision of personal data is voluntary, however, without their provision the Seller cannot conclude a purchase contract with the Buyer in connection with which the provision of personal data is required in these Terms and Conditions.
• The Seller shall be entitled to retain the personal data provided to it under these Terms and Conditions for as long as the Buyer or a third party may exercise any rights related to the concluded purchase contract or other service in connection with which the personal data was provided, in order to protect the rights and legitimate interests of the controller or the third party.

Transfer of personal data to third parties

• Any personal data transferred to the Seller on the basis of these Terms and Conditions may be transferred by the Seller under the conditions set out by law exclusively to entities and authorities authorised to access such data under specific legislation.

Personal data security safeguards

• Personal data transmitted to the Seller under these Terms will be stored securely in electronic or paper form.
• In particular, the Seller provides the following guarantees for the security of the personal data processed in the performance of these Terms and Conditions:
  (a) measures to ensure the security of the processing of personal data during manual processing in the sense that the processing of personal data is carried out only by instructed persons;
  (b) there are records which enable it to be established and verified when, by whom and for what reason the personal data were recorded or otherwise processed;
  (c) unauthorised access to data media containing personal data is prevented;
  (d) procedures are in place to protect personal data;
  (e) the Seller shall regularly monitor and control the processes of processing personal data, regularly train employees in methods, procedures and security;
  (f) personal data is treated as confidential information.

Provision of information on the processing of personal data

• The data subject has the right, under certain conditions set out in the Regulation, to have access to his or her personal data, the right to rectification or erasure, or to restriction of processing, the right to object to processing, and the right to data portability. How the data subject can exercise these rights and other important information, in particular about the Seller’s Data Protection Officer, are provided in the document Information on the processing of personal data on the website of the Seller Karel Hrnčíř – BIOMAG, www.biomag.cz.

7. FINAL PROVISIONS

• The relationship established by the purchase contract is governed by Czech law, even if the buyer is a foreign person.
• Disputes between the seller and the buyer are resolved by the general courts.
• If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and additions to the Purchase Agreement or the Terms and Conditions require a written form.
• The Seller undertakes to seek out-of-court dispute resolution with the Buyer as a matter of priority, unless the Buyer refuses.
• The sample instruction on the right to withdraw from the contract (Annex 1) and the sample form for withdrawal from the purchase contract (Annex 2) are annexed to the terms and conditions.
• In case you visit www. biomag.cz, where all the information about our products is listed and you will provide any personal data through them, this data is handled in accordance with the Privacy Policy listed on the www.biomag.cz website.

The administrator of the www.biomag.cz website is Biomag Medical s.r.o., which is a contractual partner of Karel Hrnčíř – BIOMAG in the management of personal data in accordance with applicable legislation.

In Jičín on 30. 10. 2018
Karel Hrnčíř – BIOMAG

Download the Terms and Conditions here.

Annex 1

Sample notice of the right of withdrawal

1. Right of withdrawal

• You have the right to withdraw from the contract within 14 days without giving any reason.
• You have the right to withdraw from the contract without giving any reason within 14 days from the day following the day on which you or a third party designated by you (other than the carrier) take delivery of the goods or when you or a third party designated by you (other than the carrier) take delivery of the last delivery of the goods.
• In order to exercise your right of withdrawal, you must inform the business of your withdrawal from this contract:

Karel Hrnčíř – BIOMAG
Chomutice no. p. 81,507 53
establishment Jičín 506 01, Průmyslová 1270, ID:18848125,
in the Commercial Register kept at the Regional Court in Hradec Králové, Section A, Insert 11764
E-mail: [email protected]
www: https://www.biomag.cz
phone: +420 493 691 730

• In the form of a unilateral legal act (for example, a letter sent via a postal service provider, fax or e-mail). You can use the attached sample withdrawal form, but you are not obliged to do so. You can also electronically fill in and submit a withdrawal form or any other unambiguous declaration on our website https://www.biomag.cz. If you take advantage of this option, we will send you a confirmation of receipt of this withdrawal notice immediately.
• In order to comply with the time limit for withdrawal from this contract, it is sufficient to send the withdrawal before the expiry of the relevant time limit.

2. Consequences of withdrawal

• If you withdraw from this contract, we will refund without undue delay, and no later than 14 days from the date of receipt of the returned goods or if you prove that you have sent the goods back, whichever is the sooner, all payments we have received from you, including the cost of delivery (excluding any additional costs incurred as a result of your chosen method of delivery being other than the cheapest standard delivery method offered by us). We will use the same payment method you used to make the initial transaction for refunds, unless you have expressly stated otherwise. In any case, you will not incur additional costs.
• Take back the goods without undue delay, no later than 14 days from the date of withdrawal from this contract, or hand them over to Jičín, Průmyslová 1270, postcode 506 01. The time limit is deemed to have been met if you send the goods back to us before 14 days have elapsed.
• Return costs: you will bear the direct costs of returning the goods.
• Liability for diminished value of returned goods You are only liable for diminished value of the goods as a result of handling the goods in a manner other than that necessary to become familiar with the nature and characteristics of the goods, including their functionality.

Annex 2

Sample withdrawal form

(fill in this form and only send it back if you want to withdraw from the contract)
You can download a sample form here.

Karel Hrnčíř, – BIOMAG

Chomutice no. p. 81, 507 53

establishment Jičín 506 01, Průmyslová 1270, ID 18848125,

in the Commercial Register kept at the Regional Court in Hradec Králové, Section A, Insert 11764

e-mail:b [email protected]

www: https: //www.biomag.cz

Withdrawal date: …………………………….

The thing: Notification of withdrawal from the contract

I hereby give notice that I withdraw from the contract for the purchase of the goods listed below:

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(please give a brief description of the goods, preferably a description corresponding to the purchase contract)

Delivery date: ……………………………………………………

Consumer’s name: ……………………………………….

Consumer’s address:

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Consumer signature:

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(if the form is sent in paper form)