General Terms and Conditions
These general terms and conditions (hereinafter referred to as the “terms and conditions”) apply to contracts concluded through the NOVIRUSACTIVE online store located on the web interface www.novirusactive.cz (hereinafter referred to as the ” web interface “) between
Novirea, sro, Linecká 260, 382 41 Kaplice 1, IČ: 09199934
Delivery address: Linecká 260, 382 41 Kaplice
Contact e-mail: firstname.lastname@example.org
as the seller and you as the buyer.
1. INTRODUCTORY PROVISIONS
By the purchase contract we undertake to deliver the goods specified in the order, and you undertake to take over the goods and pay us the purchase price (or just the ” price “), including costs associated with delivery of goods and any fees related to the chosen method of payment specified in the order.
You acquire ownership of the goods by paying the full purchase price, but not before you take over the goods.
1.1 Does the purchase contract apply only to the goods?
A purchase contract (or just a ” contract “) here means any contract concluded in accordance with these terms and conditions.
1.2 Is the purchase contract a consumer contract?
It is a consumer contract if you are a consumer, ie if you are a natural person and you buy goods outside the scope of your business activity or outside the scope of independent performance of your profession. Otherwise, it is not a consumer contract and you are not covered by consumer protection under law and these terms and conditions. In particular, if you are not a consumer, you do not have the right to withdraw from the contract without giving a reason.
1.3 What are your special rights as a consumer?
As a consumer, you primarily have:
- the right to withdraw from a contract concluded by means of distance communication, such as telephone, e-mail or an online store (Article 5 of these Terms and Conditions);
- the right to a warranty for unused consumer goods for a period of 24 months (the application of the warranty is governed by the Complaints Procedure);
- the right to communicate information before concluding the contract (the information is contained in these terms and conditions or on the web interface);
- the right to out-of-court settlement of a consumer dispute under a contract
What governs our legal relationship?
Our legal relationship is governed by the following documents:
- these terms and conditions, which define and clarify our mutual rights and obligations;
- Complaints procedure, according to which we will proceed when complaining about goods https://novirusactive.cz/reklamacni-rad/ ;
- the conditions and instructions given on the web interface, in particular when concluding the contract;
- the order and its acceptance by us,
- and in matters not covered by the following legislation:
Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the ” Civil Code “);
Act No. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).
If your domicile or registered office is located outside the Czech Republic, or if our legal relationship contains another international element, you acknowledge that our relationship is governed by Czech law. If you are a consumer and the legal system of the country of your residence provides a higher level of consumer protection than the Czech legal system, you are provided with this higher level of protection in legal relations.
1.4 How do you agree to the terms and conditions?
By sending the order and further checking the consent before sending the order, that you have read and agree with these terms and conditions. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
We can change or supplement the wording of the terms and conditions. Your rights and obligations are always governed by the wording of the terms and conditions under which they arose.
2. PURCHASE AGREEMENT
2.1 How do we conclude a purchase contract?
The web interface contains a list of goods, including a description of the main properties of individual items. For each item, the price is stated, including all taxes, duties and fees. The presentation of the goods is of an informative nature, and it is not our proposal to conclude a contract in the sense of § 1732 paragraph 2 of the Civil Code. In order to conclude the contract, it is necessary for you to send the order and for this order to be demonstrably accepted by us. You can review and change the input information you’ve entered into your order until you submit your order for processing. After the order is sent by you by clicking on the ” Order ” button , it is no longer possible to unilaterally change or correct the data specified in the order.
We hereby declare that, as the seller, we are not bound by any codes of conduct in relation to you as the buyer in the sense of the provisions of § 1826 par. e) of the Civil Code.
2.2 How to place an order?
You can always place an order via the web interface (by filling out the form), or by e-mail or in another way that we allow according to the current information provided on the web interface.
The order must contain all the information prescribed in the form, in particular the exact designation of the ordered goods (or numerical designation of the goods), the number of pieces, the chosen method of payment and transport and your contact details (delivery and possibly invoicing).
Before sending the order, check the entered data, after pressing the “ORDER” button, your order will be binding. We consider the data stated in the binding order to be correct and complete. Notify us of their changes immediately by e-mail.
We will inform you about the receipt of the order. Information (confirmation) about the receipt of the order is sent automatically and it is not an acceptance of the order by us, unless explicitly stated in the confirmation. All offers for the sale of goods placed in the web interface of the store are non-binding and we are not obliged to enter into a purchase agreement regarding these goods.
If we have doubts about the authenticity and seriousness of the order, we may contact you to verify it. We may reject an unverified order. Such an order is then viewed as if it had not been placed.
2.3 So when is the contract concluded?
The purchase contract is concluded when you receive the order from us. Before sending the order, as a buyer you are obliged to check the data you provided in the order. Send the order by clicking on the “ORDER” button. The data provided by you in the order are considered correct. As an buyer, you are bound by the order, which you send as described above. Receipt of the order will be sent to the e-mail address you specified in the order. Acceptance of the order (acceptance) may be part of the information on receipt of the order according to Article 2.2 of these conditions (if explicitly stated in the confirmation), or it may follow this confirmation separately.
Information on the individual technical steps leading to the conclusion of the contract can be seen from the web interface.
2.4 Can you cancel an order that has already been sent?
You can cancel an order that we have not yet accepted (ie you have not been sent an acceptance of the order by us in accordance with Article 2.3 of these terms and conditions) by email. All orders received by us are binding. Later cancellation of the order is possible only after agreement with us. If the order of goods in respect of which it is not possible to withdraw from the contract (in more detail in Article 5) is canceled in this way, we are entitled to reimbursement of costs that we have already incurred in connection with the contract.
Can the price listed on the web interface change?
The prices of the presented goods and the prices for packaging, transport and delivery remain valid as long as they are displayed on the web interface. Any discounts on the price of goods cannot be combined with each other, unless explicitly stated otherwise on the web interface.
In the event that there is a clear technical error on our part when stating the price of the goods on the web interface or during ordering, we are not obliged to deliver the goods at this obviously wrong price, even if you were sent an order these terms and conditions. In this case, we reserve the right to withdraw from the contract.
If the price stated for the goods on the web interface or during the ordering process is no longer current, we will immediately notify you of this fact. If your order has not yet been accepted, we are not obliged to conclude the contract.
The sent orders are not affected by the change in price that occurred between the sending of the order and its acceptance by us in accordance with Article 2.3 of these terms and conditions.
2.5. In which languages can the contract be concluded?
The contract can be concluded in the Czech language, unless we expressly agree on another language.
Do you have the opportunity to obtain a contract in text form?
The contract is not concluded in writing with the signatures of the contracting parties. The contract consists of these business conditions, your order and its acceptance by us. The entire contract will be sent to you by email or, at your request, printed by post. When sending by post, we may ask you to pay the costs associated with it.
Is the contract stored somewhere?
We archive the contract (including these terms and conditions) in electronic form. The contract is not accessible to third parties, but we will send it to you on request.
What if you don’t understand something in the contract?
If you have a question about the terms and conditions or the contract, you can contact us via e-mail. We will be happy to provide you with all the necessary information.
3. PAYMENT TERMS
3.1 What payment methods do we accept?
You can pay the purchase price in the following ways:
- in cash when sending goods on delivery;
- cashless before delivery of goods by transfer to our bank account (instructions will be communicated to you in the order confirmation).
In the case of permanent consumption, the price or method of determination for one billing period, which is always one month, if the price is unchanged.
Any other payment methods are listed on the web interface.
Some methods of payment (especially cash on delivery) may incur additional charges. These fees are listed on the web interface. The order will always state the final price, which already includes fees related to the selected method of payment.
3.2 When does the purchase price become due?
In the case of payment in cash, the price is payable upon receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is payable within five days of receipt of the order according to Article 2.3. Your obligation to pay the price is fulfilled in the case of non-cash payment at the moment the relevant amount is credited to our bank account. In the case of non-cash payment by bank transfer, you are obliged to state the correct variable payment symbol when paying the purchase price of the goods.
If this is customary in business relations or if so stipulated by generally binding legal regulations, we will issue a tax document – an invoice – to the buyer regarding payments made on the basis of the purchase contract. We declare that we are a payer of value added tax. Tax document – invoice will be issued to you after receiving the order of goods and we will send it to you in electronic form to the electronic address specified in the order.
According to the Act on the Registration of Sales, we are obliged to issue you a receipt. At the same time, we are required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
3.3 In what currency can you pay?
Payment for goods is possible in Czech crowns (CZK).
When can we request a deposit or prepayment?
We can ask you to pay the full price of the goods before sending or handing over (§ 2119 paragraph 1 sentence one of the Civil Code does not apply).
4. DELIVERY CONDITIONS
4.1 How do we send goods?
The methods of delivery of goods are listed on the web interface. You can choose a specific method of delivery of goods in the order. If you do not choose any mode of transport, we can determine it.
4.2 What are the costs of delivery of goods?
The cost of delivery of goods always depends on the size and nature of the goods and the price list of the chosen carrier. Current costs for the delivery of goods are listed on the web interface https://novirusactive.cz/doprava/ . The information on costs associated with packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the Czech Republic, while the buyer will be additionally informed about the costs for sending the goods abroad.
The final price will always be stated in the order, which already includes the costs of the selected mode of transport.
4.3 When will we deliver the goods to you?
The delivery time of goods always depends on their availability and on the chosen method of transport and payment.
We usually ship goods that are in stock within two working days of receiving the order (when sending the goods cash on delivery), or from crediting the payment to our account (for non-cash payment).
We ship goods that are not in stock as soon as possible. We will inform you about the exact date.
Delivery of goods according to these terms and conditions means the moment when the goods are delivered to you. If you unreasonably refuse to take over the goods, this fact is not considered a breach of our obligation to deliver the goods, nor a withdrawal from the contract by you.
4.4 How to proceed when taking over the goods?
Upon receipt of the goods, check the integrity of the packaging of the goods. If you find any deficiencies, immediately inform the carrier and us. If you refuse to accept a shipment with damaged packaging, this is not considered an unreasonable refusal of the goods.
At the moment of taking over the goods (or the moment when you were obliged to take over the goods, but you did not do so in violation of the contract), the responsibility for accidental destruction, damage or loss of the goods passes to you.
4.5 What happens if you do not take over the goods?
If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than agreed, you are obliged to pay the costs associated with such delivery.
In the event that you do not take over the goods without reason, we are entitled to reimbursement of costs associated with the delivery of goods and their storage, as well as other costs that we incur due to non-acceptance of the goods. These costs will not exceed CZK 10 for each day of storage. Storage costs can reach a maximum amount of a total of CZK 500 or the purchase price if it is lower than CZK 500.
Furthermore, in such a case, we have the right to withdraw from the contract.5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1 How can you withdraw from the contract?
If you are a consumer, you can withdraw from the purchase contract within 14 days from the date of receipt of the goods; if the delivery is divided into several parts, then it is possible to withdraw within 14 days from the date of receipt of the last delivery. Notice of withdrawal from the purchase contract must be sent to our delivery address specified in these general terms and conditions or to e-mail: email@example.com To withdraw from the contract, you can use the sample form called the Form for withdrawal from the contract, which can be found at https: //novirusactive.cz/reklamacni-rad/ , but it is not your responsibility. We will confirm the receipt of the notice of withdrawal from the contract without undue delay.
You do not have to justify any withdrawal from the contract.
5.2 What are the consequences of withdrawal?
Withdrawal from the contract terminates the contract from the beginning and treats it as if it had not been concluded.
If a gift has been provided to you together with the goods with your consent, the gift contract shall cease to be effective upon withdrawal from the contract by either party. Send the gift back to us together with the returned goods.
5.3 When is it not possible to withdraw from the contract?
In accordance with § 1837 of the Civil Code, it is not possible to withdraw from the following contracts, among others:
– the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery;
– on the delivery of goods in a closed package, which you took out of the package and for hygienic reasons it is not possible to return it.
5.4 How do you return the goods to us?
You are obliged to return the goods to us within 14 days of withdrawal from the contract to our delivery address or to the address of our registered office. Do not send the goods cash on delivery. We are not obliged to accept goods sent by cash on delivery.
We recommend enclosing with the returned goods:
– a copy of the delivery note and invoice, if these documents have been issued, or another document proving the purchase of the goods;
– a written statement on withdrawal from the contract (on our form https://novirusactive.cz/reklamacni-rad/ or otherwise) and the chosen method of refund (transfer to an account, personal receipt of cash or postal order or otherwise). Indicate the delivery address, telephone and e-mail in the statement.
Failure to submit any of the above documents does not prevent the positive settlement of your withdrawal from the contract according to the legal conditions.
5.5 When will you get your money back?
In the event of withdrawal from the contract under these terms and conditions, we will return to you without undue delay, no later than fourteen days after withdrawal from the contract, all funds, including delivery costs, which we received from you under the contract under these general terms and conditions, in the same way if another way.
If, as a consumer, you have chosen a method of delivery other than the cheapest method of delivery that we offer, we will refund the cost of delivery of goods in the amount corresponding to the cheapest method of delivery of goods offered.
Pursuant to the provisions of Section 1832 of the Civil Code, we would like to draw your attention to the fact that the costs associated with the return of goods are borne by you as a consumer, in accordance with the provisions of Section 1820 para. g) of the Civil Code.
If you have withdrawn from the contract concluded in accordance with these terms and conditions, we are not obliged to return the funds received to you before you hand over the goods in question to us or before you prove that you have sent the goods.
In the event of withdrawal from the contract, you are obliged to return the goods in person at our registered office or send them to the following address without undue delay, no later than 14 days from the date of withdrawal from the contract:
Na Návsi 19
373 61 Hrdějovice
The deadline is considered to have been met if you send the goods back to us before the expiration of 14 days.
At the same time, you acknowledge that if the goods are damaged, worn or partially consumed, you are not entitled to withdraw from the contract and such goods cannot be returned. In the event that an inspection of the returned goods reveals damage, wear or at least partial consumption, we will return the goods to you at your expense, or We will inform you where and how you can pick up the goods. At the same time, we will inform you that you have not been entitled to withdraw from the contract for the reasons stated in this paragraph.
We will refund your money:
in the same way we received it or in the way you request it.
In addition to the above methods, we can always return the money by sending it to the bank account or account from which the funds were transferred to pay the purchase price (unless you tell us another method or bank account when you withdraw from the contract). By accepting these terms and conditions, you express your consent to the sending of funds according to the previous sentence, provided that you do not incur any additional costs in this way.
The costs associated with sending the returned goods to our address are borne by you, even if the goods cannot be returned due to their nature by regular mail.
5.6 What if the returned goods were damaged?
When sending, pack the goods in a suitable package so that it is not damaged or destroyed.
The buyer is responsible for reducing the value of the goods if he handled the goods differently than necessary due to their nature and properties.
When can we withdraw from the purchase agreement?
We reserve the right to withdraw from the contract in the following cases:
- a technical error indicated a clearly incorrect price of the goods on the web interface (Article 2.4 of these terms and conditions);
- goods for objective reasons (mainly because the goods are no longer produced, the supplier has stopped delivering to the Czech Republic, etc.) it is not possible to deliver under the original conditions;
- performance becomes objectively impossible or illegal.
In the event that any of the above facts occur, we will immediately inform you of our withdrawal from the contract. Withdrawal is effective against you the moment it is delivered to you.
If you have already paid all or part of the purchase price, we will return the amount received to you non-cash to the account you provide for this purpose or from which you made the payment. We will return the money within five days of withdrawing from the purchase agreement.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
Your rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code).
When exercising the rights arising from defective performance, we will proceed in accordance with our Complaints Procedure https://novirusactive.cz/reklamacni-rad/ . Before sending a complaint, read the Complaints Procedure thoroughly so that the complaint can be resolved as quickly as possible and to your satisfaction.
7. FINAL PROVISIONS
7.1 What are our rights to carry out our activities and who controls us during them?
We are entitled to sell goods on the basis of a trade license. Our activities are not subject to any other permit.
Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Czech Trade Inspection Authority (http://www.coi.cz/) checks compliance with legal regulations concerning technical requirements for goods and the safety of goods. The Czech Trade Inspection Authority also checks compliance with consumer protection regulations. Consumers’ rights are also defended by their interest groups and other entities for their protection.
7.2 How do we handle complaints?
We handle any complaints via our contact e-mail. You can also contact the entities listed in Article 7.1. We are not bound by or adhere to any codes of conduct in relation to our customers.
7.3 What are your rights in the event of a consumer dispute?
If you are a consumer and if a dispute arises between us under the contract, which we cannot resolve directly, you have the right to turn to the Czech Trade Inspection Authority with this dispute (address: Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, web interface: www.coi.cz, www.adr.coi.cz, electronic contact: firstname.lastname@example.org, telephone: +420 296 366 360) for the purpose of out-of-court settlement of a consumer dispute. You can exercise this right no later than 1 year from the day you first exercised the right that is the subject of this consumer dispute with us.
You can also use the online platform set up by the European Commission at: http://ec.europa.eu/consumers to make a complaint about the goods or services you have purchased from us and to find an ADR entity. / odr /.
7.4 What else should you know?
When concluding a contract, means of distance communication (especially the Internet) are used. You pay the costs incurred when using means of distance communication (especially the costs of internet connection or telephone calls) yourself. These costs do not differ from the normal rate.
Unless otherwise agreed, all correspondence relating to the contract between us is in writing, either by e-mail, registered mail or personal delivery. For our part, we will deliver to the e-mail address specified in the order or in your user account.
In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or inapplicable, the provision that most closely approximates the invalid, ineffective or inapplicable provision shall apply instead. The invalidity, ineffectiveness or inapplicability of one provision shall not affect the validity of the other provisions. The contract (including business conditions) can only be changed or amended in writing.
These terms and conditions are valid and effective from 1.7.2020.