These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company Biocen Laboratories s.r.o., with registered office at Ocelářská 9, Prague 9, identification number: 48592633, registered at the Municipal Court in Prague, section C, file 18632 (hereinafter referred to as "seller") govern in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code") mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on a website located at https://www.neobotanics.cz (hereinafter referred to as the "website").
A buyer, consumer or just a buyer is any person who, outside the scope of his business activity or independent performance of his profession, concludes a contract with an entrepreneur or deals with him in any other way. These terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who, when ordering goods, acts as part of his business activity or as part of his independent profession.
Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions. The terms and conditions are an integral part of the purchase contract.
1. User account
Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). If the store's website allows it, the buyer can also order goods without registration directly from the store's website.
When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully.
Access to the user account is secured by a username and password.
The seller can cancel the user account, especially if the buyer does not use his user account for more than 2 years, or if the buyer violates his obligations arising from the purchase contract (including the terms and conditions).
2. Conclusion of the purchase contract
The buyer's order mainly contains information about:
and. ordered goods (the buyer "puts" the ordered goods into the electronic shopping basket of the store's website),
b. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods,
C. information about costs associated with the delivery of goods (hereinafter collectively referred to as the "order").
Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also taking into account the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking a button "SEND ORDER" . The data listed in the order they are deemed correct by the seller.
Sending the order is considered to be an act of the buyer that unambiguously identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the contracting parties. The condition for the validity of the order is the filling in of all mandatory order data, familiarization with these terms and conditions on the website and confirmation by the buyer that he has become familiar with these terms and conditions.
Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address").
The seller is entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transport costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
The purchase contract between the seller and the buyer is created by the delivery of information about the processing of the order (acceptance of the order), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
In the event that the seller cannot fulfill any of the requirements stated in the order, he contacts the buyer by phone or email with an amended offer indicating possible order variants and requests the buyer's opinion.
The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case only upon acceptance by the buyer via e-mail.
The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract are covered by the buyer himself.
3. Payment terms and shipping
The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the following ways:
Bank transfer (transfer takes 1-2 days) - free of charge
Card payment (immediate transfer) - free of charge
Payment method provider: ComGate
SHIPPING is possible in one of the following ways:
Post office pick-up point (chosen pick-up point, 1-3 working days) – 69 CZK
Home delivery service (entered postal address of the so-called home, delivery 1-3 working days) – 99 CZK
FREE SHIPPING ON ORDERS OVER CZK 2,000
The delivery of the goods will normally take place within 3 working days from the acceptance of the order and crediting of the amount to the seller's account.
If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another method of delivery to our account even before repeated delivery.
When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
4. Withdrawal from the purchase contract
In accordance with § 1829, paragraph 1 of the Civil Code, the buyer has the right to withdraw from the purchase contract within fourteen days of taking over the goods, while if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from taking over the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.
To withdraw from the purchase contract, the buyer must use the sample form, which forms an appendix to the terms and conditions. The buyer sends the withdrawal from the purchase contract to the address of the seller's registered office together with the goods. The goods must be returned to the seller within fourteen days of receiving the order. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
In the case of withdrawal from the contract, when it is recognized as justified, according to the terms and conditions, the seller will return the funds received from the buyer within thirty days of the withdrawal from the purchase contract by the buyer. The amount will be refunded without shipping costs.
5. Complaints – rights from defective performance
The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods, the goods have the properties that the parties have agreed upon, and, in the absence of an agreement, that they have the properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and based on advertising performed by them.
Claims (rights from defective performance) are made by the buyer by sending a completed form (the claim form is attached to the terms and conditions) and send it back to the seller's address together with the goods. The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.
6. Protection of personal data
Personal data protection is governed by a separate document: you can find it HERE
If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
The annex to the terms and conditions consists of:
claim form (download)
Contact details of the seller: NEOBOTANICS ® , Ocelářská 9, 190 00 Prague 9, e-mail address email@example.com, telephone +420 604 873 066
In Prague on July 22, 2020