Terms and Conditions – Biomag Medical s.r.o.

Biomag Medical s.r.o.
Headquarters Průmyslová 1270, Jičín 506 01
ID 06480853,
in commerce. registered in the register maintained by the KS in Hradec Králové in sec. C, insert 40325
hereinafter referred to as “Seller”

E-mail: [email protected]
www : https://www.biomag.cz, https://www.biomag-medical.com
phone: 775 247 550

1. INTRODUCTORY PROVISIONS, INFORMATION

• The seller, among others. as a manufacturer and distributor of pulsed magnetotherapy treatment devices, operates a “brick and mortar shop” in Jičín and also arranges business through telephone calls. These Terms and Conditions (hereinafter referred to as “Terms and Conditions“) of the Seller, regulate, in accordance with the provisions of the new Civil Code (hereinafter referred to as “CCC”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as “Purchase Contract“) concluded between the Seller and another natural person (hereinafter referred to as “Buyer“) by telephone.
• These Terms and Conditions are valid from 25th May 2018, the Seller may change or amend them, any such change or amendment being valid from the date of posting the full Terms and Conditions on the Website. 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 Art. NOZ.
• 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 a transaction by telephone, the buyer is obliged to provide all the information correctly and truthfully, respectively. answer correctly and truthfully the questions asked by the seller over the phone.
• The Buyer agrees to the use of remote means of communication, specifically the telephone, in concluding the Purchase Contract.
• 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

• The parties conclude the purchase contract by telephone, by a monitored call, on the basis of an offer made by the seller or an inquiry made by the buyer. In both cases, the person acting for the seller, on his behalf, makes the qualified inquiries and offers that make up the content of the contract.
• The offer (demand) of goods and the conclusion of the purchase contract may be preceded by a contractual relationship of loan, concluded for a period of 14 days, unless otherwise agreed, concluded for the purpose of testing the goods.
• The content of the monitored telephone call includes pre-contractual communications pursuant to Art. § 1811 para. 2a(2)(a) § 1820 para. 1 NOZ.
• The seller is obliged to transcribe the contents of the tel. call, as a record of the formation of the contract and its contents to be delivered to the buyer.
• The contractual relationship between the Seller and the Buyer is established by acceptance, i.e. by the Buyer’s express consent to the draft purchase contract communicated by telephone.
• 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 payment in cash or cash on delivery, 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 the conclusion of the purchase contract.
• 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.
• In the case of non-cash payment of the purchase price, the ordered goods will be delivered to the buyer after payment of the purchase price, unless the buyer is already holding the goods on the basis of a previously concluded loan agreement.
• 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 tax document – invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and delivered to the Buyer together with the goods (see Article 3. Delivery of 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”. For purchases over 10.000,- CZK the postage is free.

3. DELIVERY OF GOODS

• The Seller shall deliver the goods to the Buyer complete, no later than 10 days from the conclusion of the purchase contract, unless otherwise agreed with the Buyer. The buyer is obliged to accept and pay for the goods.
• In the event that the buyer already holds the goods under a previous loan agreement, the date of receipt of the goods by the buyer shall be deemed to be the first day following the day on which the loan 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.
• The seller shall deliver the documents for the goods, in particular the tax document, confirmation, certificates, to the buyer at the same time as the goods if the purchase price is payable upon receipt of the goods, otherwise not later than within 10 days of receipt of the goods by the consumer.

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 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 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 electronic 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 withdrawal from the contract, but not before the Buyer returns the goods to him or proves that he has sent the goods to the Seller, in the same way as he received payment from the Buyer. If the seller offers several options within a certain delivery method, he is obliged to compensate the buyer for the cheapest of them. The Buyer is obliged to send or hand over the purchased goods to the Seller within the same period at the latest. The goods should 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. In this case, the Seller shall refund the Purchase Price to the Buyer without undue delay, without cash to the account designated by the Buyer.
• 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 given 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. 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 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 exercised 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.
• Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic or hard copy form.

6. FINAL PROVISIONS

• The relationship established by the purchase contract is governed by Czech law, even if the buyer is a foreign person.
• Mutual 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.
• When dealing with complaints, the Complaints Procedure of Biomag Medical s.r.o. is followed(download).
• 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 and the sample form for withdrawal from the purchase contract are annexed to the terms and conditions.

In Jičín on 25. May 2018

Biomag Medical s.r.o.

Download the Terms and Conditions here.

Sample notice of the right of withdrawal – Biomag Medical s.r.o.

1. Right of withdrawal
1.1 You have the right to withdraw from the contract within 14 days without giving any reason.
1.2 You have the right to withdraw from the contract without giving any reason within 14 days from the day after
the date on which you or a third party designated by you (other than the carrier) take possession of the goods or on which you or
A third party designated by you (other than the carrier) will take delivery of the last delivery.
1.3 For the purpose of exercising your right of withdrawal, you must inform the merchant of your withdrawal from this contract. company:

Biomag Medical s.r.o.
Headquarters Průmyslová 1270 , Jičín 506 01
ID 06480853,
in commerce. registered in the register maintained by the KS in Hradec Králové in sec. C, insert 40325
E-mail: [email protected]
www : https://www.biomag.cz, www.biomag-medical.com
phone: +420 775 247 550

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.

On our website https://www.biomag.cz you can also electronically fill in and submit a withdrawal form or any other clear statement. If you take advantage of this option, we will send you a confirmation of receipt of this withdrawal notice promptly.”

1.4 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
2.1 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 earlier, all payments we have received from you, including delivery costs (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.
2.2
a) Acceptance of goods
You shall return the goods without undue delay, no later than 14 days from the date of withdrawal from this contract, or hand them over to us at Jičín, Průmyslová 1270, postcode 506 01.
b) Costs associated with the return of goods
You will bear the direct costs of returning the goods.
c) Liability for diminution in value of returned goods
You are only liable for any diminution in the value of the goods as a result of handling them in a manner other than that necessary to acquaint yourself with the nature and characteristics of the goods, including their functionality.”

Sample withdrawal form – Biomag Medical s.r.o.

(fill in this form and only send it back if you want to withdraw from the contract) – Sample withdrawal form.

I. General provisions

1. The purpose of the Complaints Procedure is to set out the basic principles and principles, requirements, conditions and procedures of the Seller and the Buyer, natural or legal persons, in dealing with complaints submitted by the Buyer. If certain goods are covered by a quality guarantee, the claim can only be made within the guarantee period.
2. The Complaints Procedure has been prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “OZ“) and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as “The Law“) and applies to medical devices and other goods (hereinafter referred to as “goods” or “item”), in respect of which the buyer claims rights under the liability for quality upon acceptance (Art. 2161 CC) or claims rights under the guarantee for quality during the guarantee period (Art. 2113 CC) (hereinafter referred to as “Complaints“).
3. The customer is either a Buyer-consumer within the meaning of Section 2(1)(a) of Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as the “Buyer-consumer“) or a Buyer-entrepreneur who is acting within the scope of his/her business activity when concluding and performing the contract (hereinafter referred to as the “Buyer-entrepreneur“). The Buyer-Consumer and the Buyer-Entrepreneur are hereinafter collectively referred to as the “Buyer“.
4. The Seller acts within the scope of its business activities when concluding and performing the Purchase Agreement. The Seller is an entrepreneur who directly supplies products or services to the Buyer.

II. Responsibility of the Seller

1. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt by the Buyer (quality upon receipt – § 2161 of the Civil Code).
2. In particular, the Seller shall be liable for the fact that at the time the Buyer took over the goods:
   • meets the quality requirements, i.e. it has the characteristics agreed between the parties and, in the absence of agreement, such characteristics as the Seller or the manufacturer has described or the Buyer has come to expect in view of the nature of the goods and on the basis of the advertising carried out by the Seller or the manufacturer,
   • the item is fit for the purpose for which the Seller states for its use or for which an item of this kind is usually used,
   • is a thing of appropriate quantity,
   • the matter complies with the requirements of the legislation.
3. In the case of goods covered by the seller’s guarantee for the quality of the goods, the seller is liable for the fact that the goods will be fit for their usual purpose and retain their usual characteristics during the period of the guarantee.
4. The goods are accompanied by a proof of sale of goods (tax document), which is used to file a claim.

III. Liability rights for defects in goods

A. Responsibility for quality on acceptance

1. The Buyer’s right from defective performance is based on the defect that the goods have when the risk of damage passes to the Buyer, even if it appears later. The Buyer’s right shall also be established by a defect arising later, which the Seller caused by a breach of his obligation.
2. The buyer has no rights under the defective performance if the defect is one which he should have known with the exercise of ordinary care at the conclusion of the contract. For this reason, the Buyer shall inspect the goods as soon as possible after the risk of damage to the goods has passed and ascertain their characteristics and quantity.
3. If a defect appears within six months of receipt, the item is deemed to have been defective upon receipt.
4. The buyer is entitled to exercise the right of defect that occurs in the goods within 24 months of receipt.
5. In case of personal collection of the goods by the Buyer, the moment of acceptance of the Goods is the moment of transfer of the risk of damage to the goods from the Seller to the Buyer. If the Buyer does not inspect the goods upon acceptance, he can only claim for defects detectable during this inspection if he proves that these defects (e.g. missing accessories) already existed at the time of the transfer of the risk of damage to the goods. A later claim of incompleteness or external damage to the goods does not deprive the Buyer of the right to claim the goods. However, the seller has the opportunity to prove that there is no conflict with the purchase contract.
6. The Buyer-consumer can send the claimed goods by shipping service to the address Biomag Medical s.r.o., Průmyslová 1270, 506 1 Jičín or it can be applied personally at the Seller’s premises (Biomag Medical s.r.o., Průmyslová 1270, 506 1 Jičín – from 7.00 a.m. to 3.00 p.m.).
7. In the event that the Buyer will send the Goods to the Seller by transport service, the Buyer should, in its own interest, pack the claimed Goods in suitable and sufficiently protective packaging material that meets the requirements of transport so as not to cause damage during transport. In addition to the claimed goods (including complete accessories), the Buyer shall enclose with the shipment a copy of the sales receipt, a detailed description of the claimed defect and his contact details, including telephone number. numbers or e-mail addresses.
8. The Buyer shall provide the original proof of purchase of the goods or a properly completed warranty card from another seller (if the seller was a business entity other than the Seller Biomag Medical s.r.o.).
9. The rights of liability for defects in goods do not apply in particular to cases where the defect or damage has occurred:
   • mechanical damage to the goods
   • by proven tampering with the item, by a natural event, or if the seals have been removed or damaged if the item is sealed,
   • demonstrably improper use,
   • use in contravention of the instructions for use or the instructions on the packaging,
   • by use contrary to generally accepted rules of use,
   • demonstrably by use in conditions which do not correspond in temperature, dustiness, humidity, chemical and mechanical effects to the environment which is directly intended by the manufacturer or which clearly results from the nature of the matter,
10. The Seller’s liability for defects in the goods does not extend to wear and tear caused by normal use.
11. Gifts provided by the Seller to the Buyer free of charge within the framework of the purchase contract for the purchase of paid Goods cannot be subject to warranty or liability for defects beyond the scope of the law. In the event of withdrawal from the purchase contract, the Buyer is obliged to return the gift in its original condition, taking into account the level of normal wear and tear, to the Seller.

B. Liability under the Quality Guarantee

1. The quality guarantee is a voluntary declaration by the seller regarding the quality of the goods sold.
2. By guaranteeing the quality, the seller undertakes that the item will be fit for its usual purpose and retain its usual characteristics for the duration of the guarantee. The guarantee of quality is a special liability regime of the seller independent of the legal liability. The buyer’s rights under the warranty are independent of his legal rights.
3. The provision of a quality guarantee entitles the buyer, irrespective of the seller’s fault, to a performance, the debt and extent of which is governed by the content of the guarantee provided. The warranty declaration provided by the seller is decisive for the content of the warranty.
4. The provisions of these Advertising Regulations on liability for quality upon acceptance (claims) and the handling of claims shall apply mutatis mutandis (mutatis mutandis) to the exercise of the right under the quality guarantee.
5. The buyer-consumer is entitled to exercise the right to claim for defects that occur in goods covered by the seller’s quality guarantee within the warranty period.
6. The warranty period starts from the moment the goods are handed over to the buyer. The warranty period is extended by the time the goods have been under repair. In the case of replacement of goods under warranty repair, the original warranty period continues.

IV. Buyer’s rights from defective performance

1. In the event that the goods are not of the quality according to Section 2161 of Act No. 89/2012 Coll. at the time of acceptance and for a period of 24 months from the date of acceptance of the goods, the buyer has the rights provided for in Section 2169 of Act No. 89/20123 Coll., i.e:
   • if the thing does not have the characteristics set out in § 2161, the buyer may also demand the delivery of a new thing without defects, unless this is unreasonable in view of the nature of the defect, but if the defect concerns only a part of the thing, the buyer may only demand the replacement of the part;
   • if this is not possible, may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to have the defect removed free of charge.
   • The buyer has the right to have a new item delivered or a part replaced even in the case of a removable defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract.
2. If the buyer does not withdraw from the contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, the buyer may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot deliver a new item without defects, replace a part of the item or repair the item, as well as if the seller fails to remedy the defect within a reasonable time or if the remedy would cause significant difficulties for the consumer.

V. Handling of complaints

1. The Buyer-Consumer must have the complaint including the removal of the defect settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer-Consumer agree on a longer period. The time limit for handling the claim starts the day after the claim is made. After the expiry of this period, the Buyer-Consumer shall be entitled to the same rights as if it were a material breach of contract. The deadline of 30 days is not binding on the Buyer-entrepreneur.
2. The buyer-consumer can find out about the claim procedure at the address of the establishment where the claim was filed or by calling the customer service line 493 538 730.
3. The Buyer is obliged to provide the Seller with all assistance to verify the existence of the claimed defect and to remove it. The buyer is obliged to hand over the goods clean in accordance with the hygiene regulations and general hygiene principles, including all parts and accessories.
4. The buyer is obliged to submit the goods to the complaint procedure complete. In addition to the claimed goods (including complete accessories), the Buyer shall enclose with the shipment a copy of the sales receipt, a detailed description of the claimed defect and his contact details, including telephone number. numbers or e-mail addresses. In the event that the Buyer does not deliver the Goods complete and their completeness is necessary to establish the existence of the claimed defect and/or to eliminate it, the time limit for the settlement of the claim begins only with the delivery of the missing parts.
5. When making a claim, the Buyer receives a written confirmation – a claim report, which serves as a document when making a claim. The Buyer is obliged to provide all the required data when drawing up the complaint report, the completeness and correctness of which is confirmed by signing the complaint report. The complaint protocol contains information on when the complaint was filed, what is its content, what method of handling the complaint is required by the Buyer-Consumer. If the Buyer-Consumer has sent the product to the complaint procedure by shipping service, he/she will receive the complaint report by e-mail or by shipping service.

VI. Collection of goods from warranty repair

1. After processing the complaint, the Seller informs the Buyer either by SMS, e-mail or telephone. If the goods have been sent by shipping service, they will be sent to the Buyer’s address after processing.
2. The Seller shall issue, or send, to the Buyer a written confirmation stating the date and manner of settlement of the claim, confirmation of the repair and duration of the claim, or the reasons for rejecting the claim.
3. In the event of failure to collect the claimed goods within 2 months from the expiry of the time when the claim was settled, the Buyer is obliged to pay the Seller a fee for storage of goods in the amount of 50 CZK for each day of delay in collecting the goods.
4. When issuing the goods after the claim is settled, the Buyer is obliged to present the document received when receiving the goods for the claim, or. must prove their identity.

This Complaints Procedure comes into force and effect on 01. 04. 2016. Changes to the Complaints Procedure are subject to change.

In Jičín on 10. 04. 2016

Petr Hrnčíř, Biomag Medical s.r.o.