Terms and Conditions

Terms and Conditions of the Online Store

INTRODUCTORY PROVISIONS

These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company Biocen Laboratories s.r.o., with its registered office at Ocelářská 9, Prague 9, identification number: 48592633, registered with the Municipal Court in Prague, Section C, File 18632 (hereinafter referred to as "Seller"), regulate, in accordance with Section 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase agreement (hereinafter referred to as "purchase agreement") concluded between the Seller and another natural person (hereinafter referred to as "Buyer") through the Seller's online store. The online store is operated by the Seller on the website located at the internet address https://www.neobotanics.cz (hereinafter referred to as "website").

The buyer, consumer, or simply purchaser, is any person who, outside the scope of their business activity or independent professional activity, enters into a contract with a business or otherwise interacts with them. These terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting in the course of their business activity or independent professional activity.

Provisions deviating from the terms and conditions may be agreed upon in the purchase agreement. Deviating provisions in the purchase agreement take precedence over the provisions of the terms and conditions. The provisions of the terms and conditions are an integral part of the purchase agreement.

1. User account

Following registration on the website, the buyer can access their user interface. From their user interface, the buyer can order goods (hereinafter referred to as "user account"). If the 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 provide all information correctly and truthfully.

Access to the user account is secured by a username and password.

The seller may terminate the user account, especially if the buyer does not use their user account for more than 2 years, or if the buyer violates their obligations arising from the purchase agreement (including the terms and conditions).

2. Conclusion of the purchase agreement

The buyer's order contains in particular information about:

• ordered goods (the buyer "places" the ordered goods in the online shopping cart of the store's website)
• method of payment for the purchase price of the goods, details of the desired method of delivery of the ordered goods
• information about the costs associated with the delivery of goods (hereinafter collectively referred to as the "order")

Before submitting the order to the seller, the buyer is allowed to check and change the data entered into the order, with the possibility of detecting and correcting errors made during data entry. The buyer sends the order to the seller by clicking the button. "SUBMIT ORDER" . The data provided in the order is considered correct by the seller.

Submitting an order is considered an act by the buyer that unequivocally identifies the ordered goods, the purchase price, the buyer's identity, and the method of payment, and constitutes a binding offer for a purchase agreement between the parties. A condition for the validity of the order is the completion of all required order data, familiarization with these terms and conditions on the website, and confirmation by the buyer that they have read and understood these terms and conditions.

Immediately after receiving the order, the seller shall confirm receipt to the buyer by electronic mail to the buyer's email address provided in the user interface or in the order (hereinafter referred to as "buyer's email address").

Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is entitled to request additional confirmation of the order from the buyer (for example, in writing or by telephone).

The purchase agreement between the seller and the buyer is formed upon delivery of the order processing information (order acceptance), which is sent by the seller to the buyer via email to the buyer's email address.

If the seller is unable to fulfill any of the requirements stated in the order, they will contact the buyer by phone or email with an amended offer, outlining possible order variations, and request the buyer's opinion.

An amended offer is considered a new proposal for a purchase agreement, and the purchase agreement is only concluded in such a case upon acceptance by the buyer via email.

The buyer agrees to the use of distance communication methods when concluding the purchase agreement. The costs incurred by the buyer when using distance communication methods in connection with the conclusion of the purchase agreement shall be borne by the buyer.

3. Payment terms and shipping

Transportation Czech Republic:

DPD:

• DPD Classic 54 CZK
• DPD Private (possibility to change date or address) 75 CZK

Parcel shop:

• Zásilkovna pick-up point or Z-box, selection after order completion 69.00 CZK
• Zásilkovna delivery to address 99.00 CZK

Free shipping on orders over 2,000 CZK . Applies only to orders within the Czech Republic.

Payment options:

• Online card payment (immediate transfer) free of charge
• Bank transfer (transfer takes 1-2 days) free of charge
• Cash on delivery (upon receipt) 30 CZK

Payment method providers: ComGate, Viva Payment

In the case of cashless payment, the purchase price is due within 7 days of the conclusion of the purchase agreement.

Delivery date of goods:

Shipping outside the Czech Republic:

Slovak Republic:

DPD:

• DPD Classic 100 CZK (€4.00)
• DPD Private (possibility to change date or address) 150 CZK (€7.00)

Parcel shop:

• SK Packeta delivery to address 150 CZK (€6.00)
• SK Packeta evening delivery to address 175 CZK (€7.00)
• SK pick-up point or Z-box, selection after order completion 100 CZK (€4.00)

Payment options:

For any questions regarding shipping or payment, please contact us at info@neobotanics.cz or call +420 776 187 414.

4. Withdrawal from the purchase agreement

In accordance with Section 1829, paragraph 1 of the Civil Code, the buyer has the right to withdraw from the purchase agreement within fourteen days of receiving the goods. If the purchase agreement covers several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery. The withdrawal from the purchase agreement must be sent to the seller within the period specified in the preceding sentence.

To withdraw from the purchase agreement, the buyer must use the standard form below, which is an annex to these terms and conditions (downloadable here).

The buyer shall send the notice of withdrawal from the purchase contract to the seller's registered address together with the goods. The goods must be returned to the seller within fourteen days of receipt of the order. If the buyer withdraws from the purchase contract, the buyer shall bear the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature via ordinary postal service.

In the event of withdrawal from the contract, if deemed justified according to the terms and conditions, the seller will return the funds received from the buyer within thirty days of the buyer's withdrawal from the purchase agreement. The amount will be refunded excluding shipping costs.

"If a consumer dispute arises between us and the consumer from a purchase agreement or a service agreement, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court settlement of consumer disputes, which is..."

Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Gorazdova 1969/24
120 00 Prague 2

Email: adr@coi.gov.cz Website: adr.coi.gov.cz

5. Complaints – Rights arising from defective performance

The rights and obligations of the contracting parties regarding defects in performance are governed by the relevant generally binding regulations (in particular, the provisions of §§ 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code).

The seller warrants to the buyer that the goods are free from defects upon delivery. In particular, the seller warrants to the buyer that at the time the buyer took delivery of the goods, the goods have the properties agreed upon by the parties, and if there is no agreement, the goods have such properties as the seller or manufacturer described or which the buyer expected in view of the nature of the goods and based on the advertising carried out by them.

To make a claim (regarding defective performance), the buyer must send the completed form and the goods back to the seller's address. They may use the sample form below, which is an appendix to these terms and conditions (downloadable here).

The time of filing a complaint is considered to be the moment when the seller receives the goods in question from the buyer.

6. Protection of personal data

The protection of personal data is governed by a separate document: you can find it HERE.

FINAL PROVISIONS

If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

The following constitutes an appendix to the terms and conditions:

Form for withdrawal from the contract (downloadable here)

Claim form (downloadable here)

CONTACT DETAILS of the seller of the NEOBOTANICS ^{® brand:}

Biocen Laboratories, Ltd.
Ocelářská 9
190 00 Prague 9

info@neobotanics.cz
+420 776 187 414

In Prague, on July 22, 2020