Terms and Conditions
GENERAL TERMS AND CONDITIONS
company INFINITE MedStyle s.r.o., ID number: 077 70 634, with registered office at Svatojánská 678/11, Třebeš, 500 11 Hradec Králové, registered in the commercial register maintained by the Regional Court in Hradec Králové, section C, insert 43982 (hereinafter referred to as the "Seller").
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions of the Seller (hereinafter referred to as the "Terms and Conditions") regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code") the conditions of operation and use of the Internet of the INFINITE MedStyle store operated by the Seller at www.infinitemedstyle.cz (hereinafter referred to as the "E-shop") and the terms of purchase contracts (hereinafter referred to as the "Agreement") concluded between the Seller and customers shopping in the E-shop (hereinafter referred to as the "Buyer").
1.2. The provisions of the Terms and Conditions are an integral part of the Agreement from the moment of its conclusion. Arrangements deviating from the Terms and Conditions can be negotiated in writing in the Contract; such arrangements take precedence over the Terms and Conditions.
1.3. The terms and conditions apply both to cases where the Buyer is a natural person who, when concluding the contract, acts outside the scope of his business activity or the scope of the independent exercise of his profession (hereinafter referred to as the "Consumer"), as well as to cases where the Buyer is a person who acts when concluding the Contract as part of his business activity or as part of his independent professional performance (hereinafter referred to as the "Entrepreneur").
1.4. These Terms and Conditions and all legal relationships resulting from them, including the Agreement, are governed by the legal order of the Czech Republic.
2. REGISTRATION AND USER ACCOUNT
2.1. The buyer can use the E-shop and conclude Contracts even without registration. If the E-shop allows it at the given time, in order to facilitate the use of the E-shop and the conclusion of Contracts, the Buyer can voluntarily register in the E-shop and create his user account (hereinafter referred to as "User Account"). Some functions of the E-shop may only be available to registered users through a User Account.
2.2. For registration purposes, the Buyer fills out an electronic form in the E-shop and sends it to the Seller through the E-shop interface. In the registration form, the Buyer must correctly and completely enter all data marked as mandatory.
2.3. A natural person can register independently if he/she has reached 18 years of age on the day of completion of registration and is fully autonomous. A natural person registering as a legal entity must be authorized to act on behalf of a legal entity, in particular they must be fully independent and have the authority to register and conclude Contracts on behalf of the Buyer (hereinafter referred to as the "Authorized Person"). By sending the completed registration form, the Authorized Person confirms that he has all the necessary authorizations and authorizations to act in this way on behalf of the Buyer. The authorized person is not a contractual party to the Agreement, it is always only the Buyer.
2.4. By sending the registration form, the Buyer confirms that he has familiarized himself with these Terms and Conditions and that he agrees with their wording. The buyer also confirms that he is aware of the Information on the processing of personal data available for viewing, among other things, in the E-shop interface.
2.5. Confirmation of the Terms and Conditions completes the registration (i.e. the conclusion of the registration agreement and establishment of the User Account, hereinafter referred to as "Registration").
2.6. Based on the Registration, a User Account is automatically created.
2.7. The user account always belongs to one Buyer. The Buyer may have only one User Account at a time.
2.8. The Buyer is responsible for the correctness and truthfulness of all data provided in the User Account. In case of any change, the Buyer is obliged to update the data without undue delay. The Seller is not responsible for any damage incurred as a result of the Buyer's breach of obligations under this paragraph.
2.9. To access the User Account, the Buyer's login details must be entered correctly. The Buyer is obliged to properly protect his login data and prevent any third party from accessing the access data or the User Account (third parties are not Authorized Persons). In case of suspicion of disclosure of access data or their misuse, the Buyer must change his access data without undue delay and inform the Seller of this suspicion.
2.10. The Buyer is not entitled to allow any third party to use his User Account. The Buyer is responsible for the activity taking place within his User Account, regardless of whether it is carried out by the Buyer, an Authorized Person, another person authorized by the Buyer or another third party.
2.11. The Seller is not responsible for damage that occurs as a result of unauthorized access to the User Account by a third party as a result of non-compliance with the Buyer's obligations arising from these Terms and Conditions.
2.12. The Buyer is entitled to cancel his User Account at any time and thereby terminate the Registration through the E-shop interface. This does not affect any already concluded Contracts.
2.13. The Seller may cancel the Buyer's User Account and thereby terminate the Registration, especially if the Buyer does not use his User Account for more than 1 (one) year, or if the Buyer violates his obligations arising from these Terms and Conditions. The Seller shall notify the Buyer of the cancellation of the User Account by e-mail.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. The presentation of goods on the E-shop is of an informative nature and the Seller is not obliged to conclude a Contract regarding the presented goods. The provisions of § 1732, paragraph 2 of the Civil Code shall not apply.
3.2. The E-shop interface contains information about the offered goods, their main features, information about the price, costs associated with packaging and delivery of the goods, methods and expected delivery dates and payment options. The prices of goods displayed in the E-shop interface are listed including value added tax and all other taxes, related fees and other similar monetary payments, unless otherwise stated.
3.3. The contract regarding specific goods is concluded on the basis of the Buyer's order made through the order form in the E-shop interface (hereinafter referred to as the "Order"). In the order form, the Buyer must fill in all information marked as mandatory; without these, the Order cannot be completed. In particular, the order form contains:
3.3.1. information about the ordered goods and their quantity (the Buyer selects the goods by placing them in the basket in the E-shop interface),
3.3.2. information about the requested method of delivery of the goods, including information about the costs associated with the delivery of the goods,
3.3.3. identification data of the Buyer, delivery and billing address,
3.3.4. selected payment method, including any fees associated with that payment method.
3.4. 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. After sending the Order, the Buyer can no longer change the data he entered in the Order or correct errors in the Order. All information provided in the Order must be correct, complete and current. The Seller is not responsible for any damage caused in connection with the provision of incorrect, incomplete or out-of-date data by the Buyer.
3.5. The Buyer sends the order to the Seller by clicking the "SEND ORDER" button. By sending the Order, the Buyer confirms that he has familiarized himself with these Terms and Conditions and the Seller's Complaints Procedure and that he agrees with them, as well as that he takes note of the Information on the processing of personal data by the Seller.
3.6. The Seller will confirm receipt of the Order to the Buyer by e-mail to the Buyer's address specified in the Order, without undue delay after its receipt.
3.7. The contract is concluded when:
3.7.1. The Buyer sends the Order, and
3.7.2. The Seller shall deliver to the Buyer confirmation of receipt of the Order (acceptance) and receipt of payment for the goods in the Order to the Buyer's e-mail address specified in the Order.
3.8. An order accepted by the Seller is binding. The Buyer is entitled to cancel the Order until the moment when he is notified of the acceptance of the Order according to paragraph 3.7.2 of these Terms and Conditions. The Buyer is entitled to cancel the Order according to the previous sentence to the Seller's e-mail address listed on the Seller's website.
3.9. The Seller is always 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).
4. PRICE OF GOODS AND TERMS OF PAYMENT
4.1. Product prices are always displayed for the given product in the E-shop interface and remain valid for as long as they are displayed on the E-shop. The decisive factor is the price of the goods valid at the time the Order is sent to the Seller.
4.2. The price of the goods and any costs associated with the delivery of the goods according to the Contract shall be paid by the Buyer to the Seller by one of the methods listed as payment options offered in the E-shop interface (in the order form). Unless the E-shop interface states otherwise, payments can be made in the following ways:
4.2.1. cashless via the payment gateway operated by ThePay.cz, s.r.o., ID: 281 35 261, registered office Masarykovo náměstí 102/65, 586 01 Jihlava, or by Comgate Payments, a.s., IČO 279 24 505, registered office Gočárova třída 1754 / 48b, 500 02 Hradec Králové.
4.2.2. by cashless transfer to the Seller's bank account 2901560602/2010;
4.2.3. cash on delivery.
4.3. Along 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 otherwise stated in the E-shop interface (order form), the purchase price already includes these costs.
4.4. In the case of payment by 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 when the goods are ordered.
4.5. In the case of non-cash payment, the Buyer follows the instructions of the relevant electronic service provider.
4.6. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account. The Seller will confirm to the Buyer by e-mail without undue delay that the purchase price has been paid.
4.7. Unless otherwise stated in the E-shop, payments for goods are made in Czech crowns. Any conversion fees are borne by the Buyer.
4.8. The Seller can provide the Buyer with a discount on the purchase price of the goods or another bonus. The application of a discount or other bonus is governed by the rules about which the Seller informs the Buyer in each individual case in the E-shop interface. Discounts from the purchase price of goods cannot be combined with each other, unless otherwise stated by the Seller.
5. TRANSPORTATION AND DELIVERY OF GOODS
5.1. Orders are handled by the Seller without undue delay after the conclusion of the Contract. Delivery times vary according to the type of goods ordered and the expected delivery time, unless otherwise stated, for items in stock, dispatch usually takes place within 3 (three) working days from the date of completion of the Order. . Delivery times are given in working days. The Seller does not send the goods to the Buyer before receiving the payment of the price according to the Order, unless it is a cash on delivery payment
5.2. In the event that the Seller is unable, for various reasons, to comply with the expected delivery time indicated on the E-shop, he will contact the Buyer and inform him of the actual date of dispatch of the ordered goods.
5.3. The method of transportation and delivery of goods is chosen by the Buyer in the Order according to the options offered by the Seller at the given time in the E-shop.
5.4. If 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.
5.5. If, according to the 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 the repeated delivery of the goods, or costs associated with another delivery method.
5.6. If the Seller is to send the goods, he will hand over the goods to the Buyer, who is an Entrepreneur, by handing them over to the first carrier for transport for the Buyer and enable the Buyer to exercise the rights from the transport contract against the carrier. The Seller will hand over the goods to the Buyer, who is a Consumer, only as soon as the goods have been handed over to the Consumer by the carrier. In the event that the Buyer personally collects the goods from the Seller, the Seller fulfills his obligation to hand over the goods to the Buyer at the moment when he allows the Buyer to handle the goods.
5.7. Other rights and obligations of the parties during the transportation of goods are governed by the Seller's Complaints Regulations, or may be regulated in the Seller's special delivery conditions, if issued by the Seller.
6. WITHDRAWAL FROM CONTRACT
6.1. Withdrawal from the Contract by the Buyer who is a Consumer:
6.1.1. The Buyer, who is a Consumer, has the right to withdraw from the Contract within 14 (fourteen) days from the day of taking over the goods in accordance with the provisions of § 1829, paragraph 1 of the Civil Code, while in the event that the subject of the Contract is several types of goods or the delivery of several parts, the this period from the date of acceptance of the last delivery of goods.
6.1.2. However, the buyer does not have the right to withdraw from the Contract according to the provisions of § 1837 of the Civil Code, if the subject of the Contract is:
6.1.2.1 delivery of goods that have been modified according to the wishes of the Buyer or for his person,
6.1.2.2 delivery of perishable goods or goods that have been irretrievably mixed with other goods after delivery,
6.1.2.3 delivery of goods in closed packaging that the Buyer has removed from the packaging and for hygienic reasons it is not possible to return it,
6.1.2.4 delivery of newspapers, periodicals or magazines,
6.1.2.5 the supply of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the withdrawal period,
6.1.2.6 the delivery of an audio or video recording or a computer program if the Consumer has violated their original packaging, or the delivery of digital content if it was not delivered on a physical medium, was delivered with the Consumer's consent before the expiry of the period for withdrawing from the Contract and the Seller informed the Consumer that in such a case the Consumer does not have the right to withdraw from the Agreement.
