GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern the relationship between the buyer and seller in the field of the sale of goods (especially mobile, identification and health technology) and between d-Health s.r.o. company (hereinafter the "seller") and its business partners (hereinafter the "buyer").
I. Fundamental provisions
These General Terms and Conditions (hereinafter the GTC) regulate the relations between the buyer and seller in the field of sale of goods between d-Health s.r.o. company and its business partners. By placing an order, the buyer confirms that he/she has become acquainted with these Terms and Conditions, the integral part of which is the Complaints Procedure, and that he/she agrees with them. The buyer is sufficiently alerted to these Terms and Conditions before placing the order and has the opportunity to become acquainted with them.
Seller
d-Health s.r.o., IN 61247651, based Hradešínská 2144/47, 101 00 Praha 10 – Vinohrady, is a company incorporated in the commercial register kept by the Prague Municipal Court, section C, entry 28679.
Buyer
A. Buyer-consumer - a person who, in concluding and performing the contract, does not act in the course of his/her business or other business activity. It is a natural or legal person who purchases products or uses services for a purpose other than doing business with those products or services.
When commencing business relations, the consumer only hands to the seller his/her contact information, which is necessary for the trouble-free execution of the order, or data that he/she wants to be mentioned on the purchase documents.
B. A buyer who is not a consumer - a businessman who buys products or uses services for the purpose of doing business with those products or services.
Seller - upon commencement of business relations, submits to the Seller documents on his/her business licences and on his/her legal personality (extract from the business register, a copy of a trade license, VAT registration) and is obliged to continuously update these data.
An individual contract with the buyer is superior to the terms and conditions. The buyer is aware that by purchasing the products that are on the seller's commercial offer, he/she does not acquire any rights to use the seller's registered trademarks, trade names, company logos or patents, unless otherwise agreed in a specific case.
Contract of purchase
If the buyer is a consumer, the proposal to conclude a purchase contract is the placement of the goods offered by the supplier on the site, the purchase contract commencements by sending an order by the buyer - consumer and accepting the order by the supplier. The supplier confirms this acceptance without delay to the buyer by informative e-mail to the assigned e-mail. However, the confirmation does not have an influence on the contract concluding. The contract arisen (including the agreed price) can only be changed or cancelled by agreement between the parties or on legal grounds.
If the buyer is not a consumer, the proposal to conclude a purchase agreement is an order for goods sent by the buyer, and the purchase agreement itself is concluded at the moment of shipment and binding consent of the seller to the buyer with his/her proposal.
Relationships and possible disputes arising from the contract will be settled exclusively under the applicable law of the Czech Republic and will be settled by the courts of the Czech Republic.
The contract is concluded in the Czech language. If a translation of the text of the contract arises for the buyer's need, the interpretation of the contract in the Czech language will be applied in the case of a dispute over the interpretation of terms.
The concluded contract is archived by the seller for its successful performance and is not accessible to third unconcerned parties. Information on the individual technical steps leading to the conclusion of the contract is evident from these terms and conditions, where this process is clearly described. The buyer has the opportunity to check the order and correct it before sending it.
These terms and conditions are available HERE, in order to enable their archive and reproduction by the buyer.
II. Security and information protection
The seller declares that all the personal data are confidential that will only be used to execute the contract with the buyer and will not be otherwise disclosed, provided to third parties, etc., except for distribution or payment transactions relating to the ordered goods (name and address of shipment). The personal data provided to the seller by the buyer for the purpose of fulfilling the order are collected, processed and stored in accordance with the valid laws of the Czech Republic, particularly with the Law No. 101/2000 Coll., on personal data protection as amended. The buyer gives the seller its consent to the collection and processing of such personal data for the purpose of fulfilling the subject of the concluded purchase contract, until its written statement of disagreement with this processing. The buyer has the right to access and correct his/her personal data, including other legal rights relating to such data.
III. Opening hours
Orders via the online store at www.d-zdravi.cz, may be placed 24 hours a day, 7 days a week. Orders acceptance for the next working day dispatch for the Czech Republic: until 5 pm. Orders acceptance for dispatch on the same day in Prague: until 12 pm.
IV. Placing orders
The buyer will receive the goods for the price valid at the time of ordering. The buyer, consumer has the opportunity to know the total price including VAT and all other charges before placing the order. This price will be stated in the order and in the message confirming receipt of the order. The buyer, consumer has the opportunity to become acquainted with the duration of the offer or the price before the order is placed. As for special goods to order or goods that are out of stock, the seller confirms the price and shipment date to the buyer in advance by telephone/e-mail. The seller is entitled to change this price due to the current market situation and depending on the development of the CZK exchange rate against foreign currencies. If the buyer does not agree with such a change, he/she will not confirm the order and this not fulfilled. If the buyer is a consumer, he/she must be acquainted in advance with the fact that the goods are to order, in such case the conclusion of the purchase contract between the two parties comes only at the time of the specification of the offer by the seller.
Placing orders is possible by the following means:
- via online shop on www.d-zdravi.cz (hereinafter referred to as "online shop")
- by e-mial (e.g. at sales@d-zdravi.cz)
- by phone
The seller advises the buyer to place orders via online shop or in written form (e-mail) and write the following information:
- buyer's name, surname and place of residence or business name and registered offic
- Identification number and VAT number, if registered as a VAT payer
- the code and name of the goods according to the price list
- unit price
- method of taking and transport
- delivery address
- signature of the person authorized to order the goods
- any other information that the buyer considers important
V. Withdrawal from the contract
A) Withdrawal from the contract by a consumer.
The buyer, consumer has the right under section 1829 et seq. of the Civil Code to withdraw from the contract within 14 days from receipt of goods, if the contract was concluded by means of distance communication. If the consumer decides to exercise this right, he/she must deliver the withdrawal from the contract to the seller no later than 14 days of receipt of the goods.
The buyer is obliged to return the goods, complete, with complete documentation, undamaged and clean, if possible including the original packaging, in the condition and value in which the goods were received and at his/her own expense. In the event that the returned goods are incomplete or damaged, the seller may reduce the returned purchase price accordingly. The money for the returned goods will be returned to the buyer consumer within 30 days from the effective date of withdrawal from the buyer's contract.
Except where the withdrawal is expressly stated, the consumer cannot withdraw from the purchase contract pursuant to section 1837 of the Civil Code, besides other things:
- on the supply of goods which have been modified according to the consumer's wishes or for him/her
- on the supply of goods in a sealed package which the consumer has removed from the package and cannot be returned for hygienic reasons
- on the supply of audio or video recordings or a computer program if they have damaged their original packaging.
The seller is not obliged to accept non-cleaned goods or otherwise dirty and not complying with hygienic standards!
If the buyer decides to withdraw from the contract within the period, we recommend to deliver the goods to the seller's warehouse address expressly together with the enclosed cover letter with a possible reason for withdrawal (not required), with the purchase document number and bank account number or stating whether the amount will be paid by postal order or whether it will be used for further purchases.
The buyer acknowledges that when gifts are provided with the goods, the donation agreement between the seller and the buyer is concluded with the condition that if the consumer's right of withdrawal is exercised, the donation agreement stopes to be effective and the buyer is obliged to return the goods with the related gifts. The funds returned to the buyer may also be reduced by the cost of the shipment (the consumer has the right to deliver the goods free of charge under certain conditions).
If all the above conditions for returning the goods are fulfilled, the buyer will be credited. This will be sent to the account specified by the buyer, within 30 days from the effective date of the contract withdrawal. The amount can also be sent by postal order (the costs of the postal order transfer are paid by the buyer though) or it can be ready to be used on the next purchase.
B) Withdrawal from the contract by a non-consumer buyer
In the case when the buyer is not a consumer, the buyer may be offered an alternative withdrawal from the purchase contract, depending on the condition of the returned goods, the warranty lost and the current price of the returned goods. The condition of the goods is evaluated by the seller. If the conditions acceptable for both parties are not met, the goods will be returned at the seller's expense. The seller is entitled to charge the buyer potential additional costs incurred.
When issuing a credit note, the buyer may be required to provide an identity card for the purposes to protect the buyer's property rights. By providing the identity card, the buyer agrees to the processing of personal data pursuant to Section II. (personal data within the meaning of Article 4 (a) of Law No. 101/2000 Coll., on the protection of personal data).
VI. Terms of payment
1) cash payment at the time of purchase2) prepayment by bank transfer
3) prepayment via ThePay online system (online payments including online payments by credit cards)
4) cash on delivery upon receipt of the goods (cash is taken by the carrier)
5) payment on invoVII. Terms of delivery
Personal collection: Goods can be issued at selected parcel points (Zásilkovna, PPL ParcelShop, Uloženka, etc.). The accepting person must identify himself/herself according to the conditions of the chosen parcel point (password, identity card or passport).
Delivering by a transportation service - CZ: Goods can be sent to the buyer by a transportation service (e.g. PPL, DPD, Czech post office). The condition is an order received by 5 pm. Transporters deliver goods anywhere in the Czech Republic within 24 hours. The price of transport depends on the price list on the day of the order.
Delivering by a transportation service - SK: Goods can be sent to the buyer by a transportation service (e.g. PPL, DPD, Slovak post office). The condition is an order received by 5 pm. Transporters guarantee delivering of goods anywhere in Slovak within 24 hours. The price of transport depends on the price list on the day of the order.
The buyer who is not a consumer is obliged (this procedure is recommended to the buyer who is a consumer) to check with the carrier the condition of the goods (number of packages, undamaged of the tape with the company logo, damage to the box) immediately upon delivery. The buyer is entitled to refuse the shipment that is not in accordance with the purchase contract because the shipment is, for example incomplete or damaged. If the buyer accepts the damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover document.
Incomplete or damaged shipment must be report immediately by e-mail to sales@d-health.cz, write a claim report with the carrier and send it without any delay by fax, e-mail or mail to the seller. An additional complaint of incompleteness or external damage to the shipment does not deprive the consumer of the right to complain, but gives the seller the opportunity to prove that there is no contradiction with the purchase contract.
VIII. Warranty conditions
The warranty conditions for the goods are governed by the seller's Claims Resolutions rules and applicable legal regulations
CZ. The purchase document serves as a guarantee document.
IX. Complaints and claims
Consumer complaints are handled by the seller via e-mail sales@d-zdravi.cz. The seller will send information about the settlement of the buyer's complaint to the buyer's e-mail address.
The Czech Trade Inspection, based at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz is authorized for out-of-court settlement of consumer disputes. The online dispute resolution platform is at http://ec.europa.eu/consumers/odr and can be used to resolve dispute settlements between a seller and a buyer following from their contract purchase.“
„European Consumer Centre Czech Republic, based at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).“
X. Final provisions
These General Terms and Conditions are valid from 1st January 2016 and repeal all the previous provisions and conventions. The seller reserves the right to change these General Terms and Conditions without prior notice.
On behalf of the company d-Health s.r.o. approved: Ing. Libor Svatoň, executive director
Composed in accordance with the Civil code No. 89/2012 Coll.