TERMS & CONDITIONS

1. Introductory provisions

1.1

These business conditions (hereinafter referred to as "business conditions") of the business company Medicaliento sro, with its registered office at 30.dubna 560/11, postal code: 702 00 Ostrava Czech republic, company registration number: 06196993, VAT registration number CZ06196993 (hereinafter referred to as the "seller") governs the mutual rights and obligations of the 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 or legal person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller at the internet address www.medicaliento.com, via a web interface (hereinafter referred to as the "web interface of the store").

1.2

The Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Seller's website located at www.medicaliento.com (hereinafter referred to as the "Website") and other related legal relationships. The information published on the website is also part of the terms and conditions.

1.3

Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions. The terms and conditions take precedence over the provisions on the website.

1.4

The provisions of the business conditions are an integral part of the purchase contract in the wording effective as of the date of its conclusion.

2. Conclusion of the purchase contract

2.1

The web interface of the store contains a list of goods offered by the seller for sale, including the prices of individual goods offered. The prices of the offered goods are listed including value added tax. The offer for the sale of goods and the prices of these goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to enter into a purchase agreement regarding these goods.

2.2

The price of transport within the Czech Republic and Poland is free. The price of transport to other countries is governed by the current price list of the carrier. The customer will receive the current price upon request of the product in the form of an SMS to the number +420 777 201 444, where, among other things, the customer will state his email and delivery address to which he wants to send the goods. Based on this information, we will then send an email with the total price, including shipping and payment information for bank transfer. We send the goods after the money has been credited to our bank account.

2.3

The buyer sends the order to the seller in the form of an SMS message to the telephone number +420 777 201 444, where he states the product name, number of pieces, delivery address, his e-mail address (email), and optionally states the discount code. The data listed in the order they are deemed correct by the seller.

2.4

After receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address in the order (hereinafter referred to as the "Buyer's e-mail address")

2.5

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

2.6.

The contractual relationship between the seller and the buyer arises from the acceptance of the order (acceptance). The order is accepted by handing over the goods to the first carrier. Everything that the parties to the purchase agreement provide before accepting the order is considered a deposit.

2.7

The buyer acknowledges that the seller is not obliged to enter into a purchase agreement, especially with persons who have previously materially breached the purchase agreement (including business conditions).

2.8

The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.

3. Price of goods and payment terms

3.1

The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:

by bank transfer (prepay)

3.2

Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

3.3

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

3.4.

The buyer agrees to the issuance and sending of the receipt electronically by email.

4. Withdrawal from the purchase contract

4.1

With the exception of cases regulated in the provisions of Section 1837 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter the "Civil Code") or other cases where it is not possible to withdraw from the purchase contract, the buyer has the provision of § 1829 of the Civil Code the right to withdraw from the purchase contract, within fourteen (14) days of receipt of the goods. Withdrawal from the purchase contract must be demonstrably delivered to the seller within fourteen (14) days of receipt of the goods, to the address of the seller's business premises. You can use the sample withdrawal form below to withdraw

Notice of withdrawal from the contract

Medicaliento s.r.o., with its registered office at 30 April 560/11, postal code: 702 00 Ostrava Czech republic, company registration number: 06196993, VAT registration number: CZ06196993

I / we declare (*) that I hereby withdraw (*) from the contract for the purchase of this goods(*)
Order date (*) / receipt date (*)
Name and surname
Address of consumer (s)
Signature of the consumer (s) (only if this form is sent in paper form)
Date
(*) Strike out what does not apply.

4.2

In the event of withdrawal from the contract, the purchase contract is canceled from the beginning. The goods must be sent or delivered to the seller without undue delay, no later than fourteen (14) days after withdrawal. The goods must be returned to the seller undamaged and unworn and, if possible, in the original packaging.

4.3

The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller is entitled to compensation from the Buyer for the damage caused thereby. The seller is entitled to unilaterally set off the right to compensation for the damage against the buyer's right to a refund of the purchase price. The provisions of Section 1833 of the Civil Code are not affected by this.

5. Transport and delivery of goods

5.1

The seller is obliged either to deliver the goods to the place of delivery either through the carrier and the buyer is obliged to take them over at the place of delivery.

5.2

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier. By signing the delivery note, the buyer confirms that the consignment of goods met all the conditions and requirements and any subsequent complaints regarding the violation of the packaging of the consignment cannot be taken into account.

6. Rights from defective performance

6.1

The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the relevant generally binding regulations (especially the provisions of Section 2099 et seq. Of the Civil Code).

6.2

The seller is responsible to the buyer for ensuring that the goods sold are in accordance with the purchase contract, in particular that they are free of defects. Compliance with the purchase contract means that the goods are in the agreed quantity, quality and design.

6.3

In the event that the goods have a defect upon receipt by the buyer, the buyer has the right to defective performance according to the provisions of § 2099 of the Civil Code.

7. Other rights and obligations of the contracting parties

7.1

The buyer acquires ownership of the goods by paying the full purchase price of the goods, including shipping costs.

7.2

The buyer acknowledges that the software and other components that make up the web interface of the store (including photos of the offered goods) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components that make up the web interface of the store.

7.3

The buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the store, which could have a negative impact on the operation of the web interface of the store. The web interface of the store can be used only to the extent that is not to the detriment of the rights of other customers of the seller and which is in accordance with its purpose.

7.4

The buyer acknowledges that the seller is not responsible for errors caused by third party interventions in the website or as a result of using the website contrary to their purpose.

8. Protection of personal data and sending business messages

8.1

The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number, user information about its behavior in the web interface, settings of used programs, behavior on the Internet and cookies (hereinafter collectively referred to as "personal data") for marketing and business purposes of the seller and third parties.

8.2

The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of sending information and commercial communications to the seller. The seller may authorize a third party to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to a third party by the seller without the prior consent of the buyer.

8.3

The buyer acknowledges that he is obliged to state his personal data correctly and truthfully when ordering.

8.4

Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

8.5

The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data. The buyer declares that he has been informed that the consent to the processing of personal data may be revoked in relation to the seller by written notice delivered to the address of the seller.

8.6

If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.

8.7

The buyer agrees to the sending of information related to the goods, services or business of the seller to the electronic address of the buyer and further agrees to the sending of commercial communications by the seller to the electronic address of the buyer. By sending the order, the buyer agrees to the sending of business offers to the buyer's email address.

8.8

The competence of the supervisory and supervisory office in the area of ​​personal data protection is exercised by the Office for Personal Data Protection with its registered office in Prague, to which the buyer may turn in the event of a breach of personal data protection by the seller.

9. Final provisions

9.1

The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00, Company Identification Number: 000 20 859, Internet address: www.coi.cz is responsible for out-of-court settlement of consumer disputes arising from purchase contracts concluded in accordance with these terms and conditions. The initiation of an out-of-court settlement of the dispute does not affect the buyer's right to turn to the supervisory and state supervisory authorities.

9.2

Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, in person or by registered mail through the postal service provider (at the option of the sender). Withdrawal from the contract must be delivered to the seller in writing in paper form. It is delivered to the buyer to the e-mail address.

9.3

If the relationship related to the use of the website or the legal 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 under generally binding legislation.

9.4

If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase agreement or business conditions require a written form.

9.5

Seller contact information: Medicaliento s.r.o., 30.dubna 560/11, Ostrava, Czech republic, postal code: 702 00. medicaliento@medicaliento.com., +420 777 201 444

9.6

These terms and conditions take effect on 1.1.2022