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info@medicalprotect.cz

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info@medicalprotect.cz

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Terms and Conditions

Terms and Conditions

GENERAL TERMS AND CONDITIONS
(hereinafter referred to as „VOP“)

 

  1. Internet shop Operator:

Name:

MEDICAL PROTECT, s.r.o.

Company ID:

01639331

Headquarters:

Fanderlíkova 602/44 616 00 Brno

Kept by:

Regional Court in Brno, file No. C 78920

Phone:

+420 602 624 266

E-mail:

info@medicalprotect.cz

(hereinafter referred to as "Operator" or "Seller")

_______________________________________________

 

  1. Contents of GTC:
    1. Introductory Provisions
    2. Definition of Terms
    3. Registration
    4. Contracting Process
    5. Payment Terms
    6. Transport, Delivery Terms
    7. Right of Withdrawal
    8. Rights from Defective Performance
    9. Rights from Defective Performance in Contracts with a Consumer
    10. Statutory Sales Records
    11. Final Provisions

Appendices

I.
INTRODUCTORY PROVISIONS

 

  1. These GTC specify the rights and obligations of the Seller (Operator) and Buyers (Customers) in contractual relations concluded through the e-shop https://www.medicalprotect.cz/ (hereinafter referred to as the "e-shop"). The Buyer has the opportunity to get acquainted with these GTC before sending his order and is notified of them sufficiently in advance. The Buyer is asked to expressly agree to these GTC before sending his/her order and is required to accept them unconditionally.
  2. The Seller shall provide the Buyers with permanent access to these GTC (always available on the Seller's website).
  3. The provisions of the GTC make an integral part of the Contract of Purchase. The Contract of Purchase and the Terms and Conditions are drawn up in Czech language. The Contract of Purchase can be concluded in the Czech language.
  4. The Seller is entitled to amend and supplement these GTC and individual rules. However, the version of the GTC effective on the date of conclusion of the contract is binding for the relationship between the Seller and the Buyer.
  5. Provisions deviating from the terms and conditions may be agreed in the Contract of Purchase. The deviating provisions in the Contract of Purchase take precedence over the provisions of the terms and conditions.
  6. The Seller is not bound by any specific code of conduct in the performance of his activities.
  7. The Buyer agrees to the use of remote means of communication when concluding the Contract of Purchase. The costs incurred by the Buyer while using the remote communication means in connection with the conclusion of the Contract of Purchase (internet connection costs, telephone call costs) shall be born by the Buyer according to the rates of his connection provider.
  8. The contract will be stored electronically at the Seller and the Buyer will not have access to it. The Buyer is obliged to check the accuracy of the information provided by him before submitting the form. Once the form has been sent, the data cannot be changed unilaterally.
  9. The Operator and the User expressly agree that the Operator is entitled to unilaterally change the data communicated to the User before the conclusion of the Contract.

II.
DEFINITION OF TERMS

 

  1. For the purposes of these GTC, the Seller shall be understood to mean the company MEDICAL PROTECT, s.r.o., registered in the Commercial Register at the Regional Court in Brno, Section C, Insert 78920, represented by Jan Kolář, the company's executive manager.
  2. For the purposes of these GTC, the Buyer is a natural or legal person entering into a contractual relationship with the Seller concluded through the e-shop https://www.medicalprotect.cz/.
  3. For the purposes of these GTC, a consumer means any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, enters into a contract with the Seller.
  4. For the purposes of these GTC, a buyer who is not a consumer means a person who acts within the scope of his business or profession in the negotiation, conclusion or performance of a contract concluded with the Seller.
  5. For the purposes of these GTC, the contracting parties are the Seller and the Buyer who conclude a contract with each other through the e-shop https://www.medicalprotect.cz/.
  6. For the purposes of these GTC, the e-shop means the online interface available at https://www.medicalprotect.cz/.

III.
REGISTRATION

 

  1. Based on the Buyer's registration made in the e-shop, the Buyer can access his user interface, thus creating his user account. From his/her user interface, the Buyer can place orders for goods.
  2. When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the user account whenever it changes. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
  3. Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account. The Buyer is not entitled to allow third parties to use the user account.
  4. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 6 months or if the Buyer breaches his/her obligations under the Contract of Purchase (including these GTC).
  5. The Buyer acknowledges that the user account does not have to be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.
  6. The Seller allows individual purchases to be made by the Buyer even without his registration.

 

IV.

THE PROCESS OF CONCLUDING THE CONTRACT

 

  1. The complete presentation of the goods placed in the shop is informative and the Seller is not obliged to conclude a Contract of Purchase regarding these goods.
  2. The e- shop contains individual items of goods offered by the Seller for purchase by customers. All items placed herein contain a detailed description of the goods and the price, excluding value added tax (VAT) and including VAT at the relevant rate. The price per item of goods is variable, depending on the quantity of goods taken in the subject order.
  3. So as to order the goods, the Buyer fills out an interactive order form in the e-shop. The order form contains in particular:
    1. information about the ordered goods (the ordered goods are "inserted" by the Buyer into the electronic shopping cart of the web interface of the shop),
    2. information about the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods and information about the costs associated with the delivery of the goods,
    3. the Buyer's contact details and billing address (hereinafter jointly referred to as the "Order"),
    4. the Buyer's confirmation that he has had the opportunity to read these GTC and that he agrees to them (tick).
  4. The placement and marking of specific goods by the buyer in the basket and the proper completion and sending of the order to the Seller through the web interactive form located on the website of the e-shop is considered to be a proposal for the conclusion of a Contract of Purchase. The Seller shall immediately after receiving the order confirm this to the Buyer by e-mail in accordance with § 1827 para. 1 of the Civil Code, to the Buyer's e-mail address indicated in the user account or in the order (acceptance). This also establishes the contractual relationship between the Seller and the Buyer. Suggestions made by the Buyer in the "order note" field of the interactive order form are not binding on the Seller and the Seller is not obliged to comply with them, unless he has expressly undertaken to do so in advance.
  5. The Seller reserves the right to unilaterally withdraw from the Contract of Purchase - to cancel a properly executed order or part thereof if:
    1. the goods are no longer produced,
    2. the goods are no longer supplied,
    3. the price of the supplier of the goods has changed significantly,
    4. the goods are displayed on the Seller's website at an apparently erroneous price,
    5. if, after the order has been placed, it is established that performance of the contract has become impossible for the Seller; possible only at disproportionate cost,
    6. if the Seller subsequently discovers information indicating that the Buyer will fail to fulfil any of his obligations.
  6. The Seller is always entitled, depending on the nature of the order (quantity of goods, sum of the purchase price, estimated shipping costs) to ask the Buyer for additional order confirmation (for example, in writing or by phone).

V.
PAYMENT TERMS

  1. In the Seller's e-shop, the Buyer has the option to choose the following methods of payment of the price of the goods, including payment for their possible transport:
    1. by credit card upon receipt of the goods at the Seller's shop,
    2. in cash at the Seller's registered office,
    3. through the payment gateway EVO Payments International s.r.o., ID: 03802205, with registered office at Hvězdova 1716/2b, Nusle, 140 00 Prague 4.
  2. In case of non-cash payment, the purchase price is payable within 7 days after the conclusion of the Contract of Purchase.
  3. The Buyer hereby acknowledges and agrees that if the method of payment of the purchase price through a payment gateway is chosen, the Seller is obliged to deliver the ordered goods only after successful crediting of the amount corresponding to the sum of the purchase price and the shipping costs to his bank account or account with the payment gateway operator. In such a case, it also applies that if the expected delivery term has been indicated for the goods, this term shall only start when the relevant amount has been credited to the Seller's account.
  4. In case of non-cash payment to a bank account, the Buyer is obliged to pay the purchase price of the goods while stating the variable symbol of the payment. In 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.
  5. The Buyer further acknowledges and agrees that if the payment of the purchase price, including shipping costs, is not made by the Buyer within thirty calendar days from the moment of placing the order, the Seller is entitled to withdraw from the Contract of Purchase by notifying the Buyer by email.
  6. The Seller shall be entitled to request a deposit or other similar payment from the Buyer in justified cases, especially in cases where the purchase price is to be paid only upon receipt of the goods. The provisions of art. V, para. 7 of the GTC are not herewith affected.
  7. The Seller shall be entitled, in particular if the Buyer fails to consequently confirm the order (Art. IV para. 6 GTC), to demand payment of the full purchase price before the goods are dispatched or handed over to the Buyer. The provisions of § 2119 paragraph 1 of the Civil Code shall not apply.
  8. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
  9. If stipulated by the generally binding legal regulations, the Seller shall issue a tax document - an invoice - to the Buyer in respect of the performances carried out on the basis of the Contract of Purchase. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it together with the goods to the Buyer.

VI.
TRANSPORT, DELIVERY TERMS

  1. In case of picking up the goods in the Seller's shop, no shipping costs are incurred. Shipping costs are incurred if the Buyer chooses to receive the goods via the carrier indicated in the interactive order form.
  2. The costs of delivery of the goods shall be borne by the Buyer (including postage) and these shall always be charged to the Buyer, unless otherwise agreed by the parties.
  3. The price of the freight charges is always indicated in the order form for the goods, and the Buyer expressly agrees to the amount of the freight charges by sending the order to the Seller.
  4. The price of the transport fee is not included in the price of the goods.
  5. The price of the transport fee will always be paid together with the payment of the purchase price of the goods in the manner specified in Article V of these GTC.
  6. In case that the method of delivery is agreed upon at the Buyer's specific request, the Buyer bears the risk and any additional costs associated with the delivery.
  7. In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.
  8. If the Buyer fails or refuses to accept the goods duly delivered, the Buyer is obliged to pay the Seller for all and any costs associated with it and the Seller is entitled to withdraw from the contract by notifying the Buyer by email. This is without prejudice to the Seller's right to compensation for material and non-material damage. The same shall apply if the Buyer fails to collect the goods at the collection point or dispatch point within the time limit set for this purpose.
  9. The Buyer hereby acknowledges and expressly agrees that the delivery date stated in the order is not binding, but only estimated; the purpose of this information is to provide the Buyer with basic information on the availability of the goods concerned and the estimated delivery date. The actual delivery date may therefore differ from the estimated delivery date.
  10. If the goods offered in the Seller's online shop are accompanied by an illustrative photograph, the pictured add-ins, accessories or decorations are not a part of the goods, unless otherwise expressly stated in written description of the goods.
  11. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects to notify the carrier immediately. In the event that the packaging is found to be damaged in a way that indicates unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

VII.
RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. A Buyer who is not a consumer shall not be subject to the provisions of Article VII of these GTC. The regulation referred to in this Article shall also not apply in cases referred to in § 1840 of the Civil Code, in particular in case of contracts for supply of food, beverages or other goods of general consumption delivered to the consumer's home or to another place designated by the consumer.
  2. The consumer does not have the right to withdraw from the Contract in cases referred to in § 1837 of the Civil Code. These are in particular the cases of:
    1. provision of services if they have been performed with the prior express consent of the consumer before the expiry of the withdrawal period and the Seller has informed the consumer before the conclusion of the Contract that in such a case he has no right to withdraw from the Contract,
    2. delivery of goods adapted to specific wishes of the consumer or made or adapted for him, and in case of repairs or maintenance carried out at a place designated by the consumer at his request,
    3. delivery of goods or services the price of which depends on financial market fluctuations independent of the Seller's will and which may occur during the withdrawal period,
    4. delivery of alcoholic beverages, which may be delivered only after the expiry of 30 days and the price of which depends on financial market fluctuations independent of the Seller's will,
    5. contracts for carrying out repairs or maintenance carried out at a place designated by the consumer at his request; this shall not apply, however, to the subsequent carrying out of repairs other than those requested or supply of spare parts other than those requested,
    6. supply of digital content where it has not been supplied on a material medium, provided that the performance has been carried out with the prior express consent of the Buyer before the expiry of the withdrawal period,
    7. delivery of perishable goods in case of goods which have been irretrievably mixed with other goods,
    8. delivery of goods in sealed packaging which have been removed from their sealed packaging by the consumer and cannot be returned for hygiene reasons,
    9. delivery of sound or visual recordings or computer programs if the Buyer has damaged their original packaging,
    10. supply of newspapers, magazines or other periodicals; for contracts for accommodation, transport, catering or leisure provided within a specified period or for contracts concluded on the basis of public auction under the law governing public auctions.
  3. If the Contract of Purchase is concluded by means of remote communication (via an online shop) and if it is not a case referred to in paragraphs 1 and 2 of this Article, the consumer has the right to withdraw from the Contract of Purchase concluded with the Seller within 14 (fourteen) calendar days (hereinafter referred to as the "withdrawal period") without giving reasons. The withdrawal period shall run:
  1. from the date of receipt of the goods by the consumer or a third party designated by the consumer.
  2. in case of a contract of sale involving several types of goods or delivery of several parts, the withdrawal period shall run from the date of receipt of the last delivery of the goods by the consumer or a third party designated by the consumer.
  3. in case of a contract the subject of which is a regular recurring delivery of goods, from the date of receipt of the first delivery of goods by the consumer or a third party designated by the consumer.

VIII.
RIGHTS FROM DEFECTIVE PERFORMANCE

  1. The rights of a Buyer who is not a consumer from defective performance are governed by the relevant generally binding legal regulations of the Czech Republic, in particular the provisions of §§ 1914 to 1925, § 2099 to 2117 of the Civil Code, unless otherwise specified.
  2. The Seller shall hand over the goods to the Buyer in agreed quantity, quality and design. The Buyer is not entitled to the right of defective performance if the Buyer knew before taking over the goods that the goods were defective or if the Buyer caused the defect himself. If the Buyer does not notify the Seller of the defect without undue delay after the Buyer could have discovered it with sufficient care, he may do so within two months after handing over the goods.
  3. The Buyer is not entitled to the right of defective performance if the Buyer knew before taking over the goods that the goods were defective or if the Buyer himself caused the defect.
  4. If the buyer does not notify the Seller of the defect without undue delay after the Buyer could have discovered it with reasonable diligence, he may do so within two months after the handover of the goods.
  5. The Buyer is obliged to file a claim with the Seller without undue delay from the discovery of a defect of the goods by handing over the claimed goods to the Seller at his registered office or by sending a written notice of the claim together with the claimed goods to the Seller's registered office: MEDICAL PROTECT, s.r.o., Fanderlíkova 602/44 616 00 Brno.
  6. The costs of transporting the goods to the Seller are borne by the Buyer. The Seller is obliged to settle the claim within a reasonable time after the goods have been handed over to him by the Buyer.
  7. In the notice of complaint, the Buyer shall always provide his contact details, order number, invoice or delivery note number, as well as a concise description of the defects found and their manifestations (the defects found must always be supported by photographs of the damaged parts). The Buyer is obliged to inform the Seller of the right he has already chosen when notifying the defect (i.e. in the notice of complaint) or without undue delay after notification of the defect. A change of choice without the Seller's consent is only possible if the Buyer has requested a repair of the defect in the item that proves to be irremediable.
  8. The Seller only provides a guarantee of quality for goods for which this is expressly stated in his presentation.

IX.
RIGHTS FROM DEFECTIVE PERFORMANCE IN CONSUMER CONTRACTS

  1. A Buyer who is not a consumer shall not be subject to the provisions of Article IX of these GTC.
  2. The consumer's rights arising from defective performance shall be governed by the relevant generally binding laws of the Czech Republic, in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code, unless otherwise specified below.
  3. The Seller is liable to the consumer for the fact that the goods are free from defects upon receipt. In particular, the Seller is liable for the fact that at the time when the consumer took delivery of the goods:
    1. it has the characteristics agreed by and between the parties and, in case of absence of an agreement, such characteristics as the Seller described or the consumer expected in view of the nature of the goods and on the basis of the advertising carried out by them,
    2. the goods are fit for the purpose for which the Seller states they are to be used or for which goods of that kind are usually used,
    3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
    4. the goods are in the appropriate quantity, measure or weight and comply with the requirements of the legislation.
  4. The consumer is entitled to exercise the right to claim a defect that occurs in consumer goods within 24 (twenty-four) months of receipt, unless otherwise provided by law or these GTC; if the defect occurs within six months of receipt, it shall be deemed that the goods were already defective upon receipt.
  5. The provisions of Article IX, paragraph 4 of these GTC do not apply, i.e. the right of claim due to a defect cannot be exercised:
    1. for goods sold at a lower price - regarding the defect for which the lower price was agreed,
    2. the wear and tear caused by normal use of the goods,
    3. failure to comply with the instructions for use,
    4. in case of second-hand goods, the defect corresponding to the degree of use or wear and tear which the goods had when they were taken over by the buyer,
    5. if this is apparent from the nature of the goods.
  6. The consumer has the rights set out in § 2169 of the Civil Code to make a complaint:
    1. If the item does not have the characteristics set out in Article IX, paragraph 3 of these GTC, the consumer may also require delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect relates only to a part of the item, the Buyer may only require replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the consumer shall have the right to have the defect remedied free of charge.
    2. The consumer shall also have the right to the delivery of a new item or the replacement of a part in case of a removable defect if he cannot use the item properly because of the recurrence of the defect after repair or because of a greater number of defects. In such a case, the consumer also has the right to withdraw from the contract.
    3. If the consumer does not withdraw from the contract or does not exercise the right to have a new item delivered free of defects, to have a part of the item replaced or to have the item repaired, he may claim a reasonable discount. The consumer is also entitled to a reasonable discount if the Seller is unable to supply a new item without defects, replace a part of the item or repair the item, as well as if the Seller fails to remedy the defect within a reasonable period of time or if it would cause the consumer significant difficulties to remedy the defect.
  7. The consumer is not entitled to the right from defective performance if the consumer knew before taking over the goods that the goods were defective or if the buyer caused the defect.
  8. The consumer is obliged to file a claim with the Seller without undue delay from the discovery of the defect in the goods by handing over the claimed goods to the Seller at the Seller's registered office or by sending a written notice of claim together with the claimed goods to the Seller at the Seller's registered office: MEDICAL PROTECT, s.r.o., Fanderlíkova 602/44 616 00 Brno.
  9. In the notice of complaint, the consumer shall always provide his/her contact details, order number, invoice or delivery note number, as well as a concise description of the detected defects and their manifestations (the detected defects must always be supported by photographs of the damaged parts). In addition, the consumer shall indicate his request for the method of handling. The consumer is obliged to inform the Seller of the right he has already chosen when notifying the defect (i.e. in the notice of complaint) or without undue delay after notification of the defect. A change of choice without the Seller's consent is only possible if the consumer has requested the repair of a defect in the goods which proves to be irremediable.
  10. The consumer receives from the Seller a written confirmation of when the claim was made, what is its content, what method of settlement of the claim is required, by e-mail specified in the order or in the customer account immediately after the receipt of the complaint; in case of personal complaint, the confirmation is given immediately in paper form - confirmation on the claim sheet.
  11. In addition, the Seller shall send the consumer, by e-mail indicated in the order, in the customer account or in the claim form, a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and the duration of the complaint, or the reasons for rejecting the complaint. This confirmation (claim report) will be delivered to the consumer no later than the time limit set by generally binding legislation for the handling of the complaint, most often with the goods complained of.
  12. The time limit for the settlement of the claim shall run from the delivery of the goods to the Seller. The consumer is obliged to pack the goods for transport in suitable packaging to ensure that they are not damaged
  13. The Seller shall decide on the claim immediately, in complex cases within 3 working days. This time limit does not include the period of time appropriate to the type of product or service required for a professional assessment of the defect.
  14. The complaint, including the rectification of the defect, must be settled without undue delay, at the latest within 30 days from the date of submission of the goods by the consumer for assessment of the defect, unless the Seller and the consumer agree on a longer period. After the expiry of this period, the consumer has the same rights as if it were a material breach of Contract.
  15. The consumer acknowledges the fact that if gifts are provided with the goods, it is not possible to exercise the right of defect within twenty-four months. The consumer shall not be entitled to exercise defective performance rights in respect of such gifts.

X.
STATUTORY REGISTRATION OF SALES

  1. In accordance with § 25 of Act No. 112/2016 Coll., on sales registration, as amended (hereinafter referred to as the "Act on Sales Registration"), the Seller hereby provides the following information notice:

"According to the Sales Registration Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, within 48 hours at the latest."

XI.
FINAL PROVISIONS

  1. Any disputes between the Seller and the Buyer shall be resolved by the competent general courts of the Czech Republic.
  2. If the relationship established by the Contract of Purchase contains an international (foreign) element, the parties agree that the relationship is governed by the Czech law.
  3. By choosing the law according to the preceding paragraph, the Buyer in the position of a consumer is not deprived of the protection afforded by the provisions of the legal order which cannot be contractually derogated from and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6 para. 1 of the Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
  4. All and any contractual relations by and between the Seller and the Buyer and their rights and obligations are governed by the binding laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, Act No. 634/1992 Coll., on Consumer Protection, and these GTC.
  5. The Seller, in accordance with § 14 para. 1 of the Consumer Protection Act, states that the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, with its headquarters in Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, web site: adr.coi.cz, e-mail: adr@coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Contract of Purchase.
  6. In accordance with Article 14 para. 1 of the Regulation (EU) No. 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes, the Seller hereby provides the following link to the online dispute resolution platform: http://ec.europa.eu/consumers/odr/.
  7. These GTC are valid and effective as of 1.6.2021.

 

 

In Brno on 1. 6. 2021

MEDICAL PROTECT, s.r.o.

 

 

 

 

TEMPLATE:

Notification of Withdrawal from the Contract


- Addressee 

Name:                                  MEDICAL PROTECT, s.r.o.

Company ID:                     01639331                                                                        

Headquarters:      Fanderlíkova 602/44 616 00 Brno

Kept by:                   Regional Court in Brno, file No. C 78920                               

Phone:                     +420 420 602 624 266

E-mail:                    info@medicalprotect.cz    

 

- I / We hereby notify (*) that I / We hereby withdraw (*) from the contract for the purchase of the following goods:

- Date of order (*) / date of receipt (*)

- Name and surname of consumer(s)

- Address of consumer(s)

- Signature of consumer(s) (only if this form is sent in paper form)

- Date

(*) Delete where not applicable or complete the information.

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