TERMS AND CONDITIONS

business company Biomed CZ spol. s r. o.
with its registered office at Štolbova 2886, Pardubice 53002
identification number: 27513394
registered in the Commercial Register kept at the Regional Court in Hradec Králové, Section C, Insert 23480
for the sale of goods through an online shop located at the internet address https://www.biyond.cz

1. INTRODUCTORY PROVISIONS

1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of the business company Biomed CZ spol. s r. o., with its registered office at Štolbova 2886, Pardubice 53002, identification number: 27513394, registered in the Commercial Register at the Regional Court in Hradec Králové, Section C, Insert 23480 (hereinafter referred to as the "Seller") govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), 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 the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on a website located at the internet address https://www.biyond.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Web Interface of the Shop").

1.2. The 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 when ordering goods within the scope of their business activity or within the scope of their independent exercise of a profession.

1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Deviating arrangements in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech or Slovak language.

1.5. The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous wording of the terms and conditions.

2. USER ACCOUNT

2.1. Based on the buyer's registration made on the website, the buyer may access their user interface. From their user interface, the buyer may order goods (hereinafter referred to as the "user account"). If the web interface of the shop allows it, the buyer may also order goods without registration directly from the web interface of the shop.

2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account whenever it changes. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.

2.4. The buyer is not entitled to allow third parties to use the user account.

2.5. The seller may cancel the user account, in particular if the buyer has not used their user account for more than 2 years, or if the buyer breaches their obligations under the purchase contract (including the terms and conditions).

2.6. The buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of third parties' hardware and software equipment.

3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentation of goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding this goods. The provisions of Section 1732(2) of the Civil Code shall not apply.

3.2. The web interface of the shop contains information about the goods, including the indication of the prices of individual goods and the costs of returning the goods if such goods cannot by their nature be returned by ordinary postal route. The prices of the goods are stated including value added tax and all related fees. The prices of the goods remain valid for the period during which they are displayed in the web interface of the shop. This provision does not limit the seller's possibility to conclude a purchase contract under individually negotiated terms.

3.3. The web interface of the shop also contains information about the costs associated with the packaging and delivery of the goods. The information about the costs associated with the packaging and delivery of the goods stated in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:

3.4.1. the goods being ordered (the buyer "inserts" the ordered goods into the electronic shopping cart of the web interface of the shop),

3.4.2. the method of payment of the purchase price of the goods, details of the requested method of delivery of the ordered goods, and

3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered into the order, also with regard to the buyer's ability to identify and correct errors arising during the entry of data into the order. The buyer sends the order to the seller by clicking the "Order" button. The data stated in the order are considered correct by the seller. Immediately after receiving the order, the seller shall confirm such receipt to the buyer by email, to the buyer's email address stated in the user account or in the order (hereinafter referred to as the "buyer's email address").

3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transport costs), to request additional confirmation of the order from the buyer (for example in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by email, to the buyer's email address.

3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the buyer, and these costs do not differ from the basic rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller in the following ways: Online bank transfer, cash on delivery, and in cash upon personal collection by agreement. A more detailed description and instructions are displayed when completing the order.

4.1.1. The payment gateway provider is the company Comgate, a.s., Gočárova třída 1754 / 48b, Hradec Králové, E-mail: , Tel: +420 228 224 267

Information about payment methods - card payments and bank payment buttons

4.2. 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, the purchase price shall also be understood to include the costs associated with the delivery of the goods.

4.3. The seller does not require the buyer to pay a deposit or any other similar payment. This is without prejudice to the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or in the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 10 days of the conclusion of the purchase contract.

4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

4.6. The seller is entitled, especially in the event that the buyer fails to additionally confirm the order (Article 3.8), to require payment of the entire purchase price before shipping the goods to the buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8. If it is customary in business dealings or if required by generally binding legal regulations, the seller shall issue a tax document – an invoice to the buyer for payments made under the purchase contract. The seller is a value added tax payer. The seller shall issue the tax document – invoice to the buyer after payment of the price of the goods and send it in electronic form to the buyer's electronic address.

4.9. Under the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then no later than within 48 hours.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, from a purchase contract for the supply of goods subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase contract for the supply of goods in a sealed package that the consumer has removed from the package and which cannot be returned for hygiene reasons, and from a purchase contract for the supply of audio or video recordings or computer programs if their original packaging has been damaged.

5.2. If it is not a case referred to in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the Buyer has the right, in accordance with the provisions of Section 1829(1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period stated in the preceding sentence. To withdraw from the purchase contract, the Buyer may use the function in the order detail that allows automated withdrawal from the purchase contract. The Buyer may send the withdrawal from the purchase contract, among other things, to the address of the Seller's establishment or to the Seller's email address .

5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is cancelled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days of delivery of the withdrawal from the purchase contract to the Seller. If the Buyer withdraws from the purchase contract, the Buyer bears the costs associated with returning the goods to the Seller, even in the case where the goods cannot be returned by ordinary postal means due to their nature.

5.4. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the purchase contract, in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or in another manner, if the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to the Seller or proves that the goods have been sent to the Seller.

5.5. The Seller is entitled to unilaterally set off any claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.

5.6. In cases where the Buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the purchase contract at any time, up until the Buyer takes over the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by bank transfer to the account designated by the Buyer.

5.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutory condition that, if the Buyer withdraws from the purchase contract, the gift agreement regarding such gift ceases to be effective and the Buyer is obliged to return the provided gift together with the goods to the Seller.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. If the method of transport is agreed based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.

6.2. If the Seller is obliged under the purchase contract to deliver the goods to the place designated by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.

6.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.

6.4. When taking over the goods from the carrier, the Buyer is obliged to check the integrity of the goods' packaging and, in the event of any defects, immediately notify the carrier. If the Buyer finds that the packaging has been damaged in a way indicating unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier.

6.5. Further rights and obligations of the parties in the transport of goods may be governed by special delivery terms of the Seller, if issued by the Seller.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

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

7.2. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time when the Buyer took over the goods:

7.2.1. the goods have the properties agreed upon by the parties, and in the absence of an agreement, they have such properties as the seller or manufacturer described or which the buyer expected with regard to the nature of the goods and based on advertising carried out by them,

7.2.2. the goods are fit for the purpose for which the seller states they are intended or for which goods of this kind are usually used,

7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to the agreed sample or model,

7.2.4. the goods are in the corresponding quantity, measure or weight, and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the terms and conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if this follows from the nature of the goods.

7.4. If a defect appears within six months of taking over, it shall be presumed that the goods were defective already at the time of taking over. The buyer is entitled to exercise a right from a defect that occurs in consumer goods within twenty-four months of taking over.

7.5. The buyer exercises rights from defective performance with the seller at the address of their establishment where acceptance of a complaint is possible with regard to the range of goods sold, or possibly also at their registered office or place of business.

7.6. Further rights and obligations of the parties related to the seller's liability for defects may be governed by the seller's complaints procedure.

8. FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The buyer acquires ownership of the goods upon payment of the full purchase price of the goods

8.2. The seller is not bound towards the buyer by any codes of conduct within the meaning of the provisions of Section 1826(1)(e) of the Civil Code.

8.3. The seller handles consumer complaints via the email address . The seller shall send information about the handling of the buyer's complaint to the buyer's email address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer arising from the purchase contract.

8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

8.6. The seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within its scope by the competent trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within the defined scope, among other things, supervision over compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.7. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

9. PERSONAL DATA PROTECTION

The terms of personal data protection are defined here.

10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the Buyer's email address and further agrees to the sending of commercial communications by the Seller to the Buyer's email address.

10.2. The Buyer agrees to the storage of so-called cookies on their computer. If the purchase on the website can be made and the Seller's obligations under the purchase contract fulfilled without the storage of so-called cookies on the Buyer's computer, the Buyer may withdraw consent under the previous sentence at any time.

11. DELIVERY

11.1. Notices concerning the relations between the Seller and the Buyer, in particular concerning withdrawal from the purchase contract, must be delivered by post in the form of a registered letter, unless otherwise stipulated in the purchase contract. Notices are delivered to the relevant contact address of the other party and are considered delivered and effective at the moment of their delivery via post, except for a notice of withdrawal from the contract made by the Buyer, where the withdrawal is effective if the notice is sent by the Buyer within the withdrawal period.

11.2. A notice whose acceptance was refused by the addressee, which was not collected within the storage period, or which was returned as undeliverable is also considered delivered.

11.3. The contracting parties may deliver ordinary correspondence to each other via electronic mail, to the email address provided in the Buyer's user account or provided by the Buyer in the order, or to the address provided on the Seller's website.

12. FINAL PROVISIONS

12.1. If the relationship established by the purchase contract contains an international (foreign) element, 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.

12.2. If any provision of the business terms is invalid or ineffective, or becomes so, a provision whose meaning comes as close as possible to the invalid provision shall take the place of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Amendments and supplements to the purchase contract or business terms require written form.

12.3. The purchase contract, including the business terms, is archived by the Seller in electronic form and is not accessible.

12.4. An annex to the business terms consists of a model form for withdrawal from the purchase contract.

12.5. Seller's contact details: delivery address: Štolbova 2886 53002 Pardubice, email address , telephone +420 776 057 680.