General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter referred to as the “Terms“) apply to contracts negotiated particularly via the online shop LIPOELASTIC® - MEDICAL PRODUCTS placed on the website https://eshop.lipoelastic.com/ (hereinafter referred to as the “website”) between
LIPOELASTIC a.s. with registered office at Radlická 608/2, Smíchov, 150 00 Prague 5, the Czech Republic
Corporate ID No: 26730804
VAT ID: CZ26730804
registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 7922
Delivery address: LIPOELASTIC a.s., Vrbenská 887, 787 01 Valašské Meziříčí, the Czech Republic
Telephone number: +420 571 116 323
as the seller
and you as the buyer
1. GENERAL PROVISIONS
By the contract of sale, we undertake to deliver you the goods specified in your purchase order, whereas you undertake to take over such goods and pay the whole purchase price as specified in the order. The purchase price (or only the “price”) includes also all costs connected with the delivery of the goods and any fees relating to the chosen method of payment. You will be informed about the abovementioned costs prior to sending the binding purchase order.
You acquire the ownership of the goods by paying the whole purchase price, but not before you take over the goods.
1.1. Does the contract of sale cover only the purchase of the goods?
The expression contract of sale (or only the “contract”) means any contract concluded under these Terms.
1.2. Is the contract a consumer contract?
The contract is a consumer contract in case you are a consumer, i.e. if you are a natural person and your purchase is not connected to your business activities or the independent practice of your profession. Otherwise, the contract is not a consumer contract and you are not provided the consumer protection under the law and these Terms. Especially as a non-consumer you do not have a right to withdraw from a contract.
1.3. What rights do you have as a consumer?
As a consumer you have especially:
- the right to withdraw from the contract concluded by the means of distance communication (Article 5 of these Terms);
- guarantee on new consumer goods lasting 24 months (warranty claims are governed by the Warranty Claim Guidelines);
- the right to obtain information before entering into the contract (information is included in these Terms or on our website).
1.4. What governs our legal relationship?
Our legal relationship is governed by the following documents:
- these Terms, which define our mutual rights and obligations;
- the Warranty Claim Guidelines which we will follow in case of any warranty claims regarding the goods;
- any conditions and instructions stipulated on the website, especially when concluding the contract;
- the purchase order and its acceptance from our side;
and in any matters not covered by the contract are our reciprocal rights and obligations governed by the following legislation:
- Act No. 89/2012 Sb., the Civil Code, as amended, (hereinafter referred to as the „Civil Code“);
- Act No. 634/1992 Sb., the Consumer Protection Act, as amended (only if you are a consumer).
Please note that in case that your habitual residence or your registered office is situated outside of the Czech Republic or if our legal relationship includes any other international element, our relationship is governed by Czech law. In case you are a consumer and the legal order of your state of residency provides you with a higher level of consumer protection than the Czech legal order, the higher level of consumer protection applies to you.
1.5. How do you express your consent with these Terms?
You express the consent and the acquaintance with these Terms by sending a purchase order and by confirming the acknowledgement of these Terms on the website respectively.
These Terms can be changed or amended. Your rights and duties are governed by the wording of Terms effective at the time of their origination.
2. THE CONTRACT OF SALE
2.1. How do we conclude the contract of sale?
On the website, you can see a list of goods including the description of main characteristics of particular items. For each product the purchase price is stated. The price includes all taxes and fees. Presentation of the goods is for your information only and it is not our offer for concluding a contract of sale in the meaning of Section 1732 par. 2 of the Civil Code. For concluding the contract of sale it is necessary that you send a purchase order and that we accept such purchase order.
2.2. How to submit an order?
You can submit your order via the website (by filling a form).
The order has to contain all the information required by the form, especially accurate identification of the ordered goods (possibly also a numerical designation of the goods), number of ordered pieces, chosen method of payment and the delivery and your contact information (for delivery and eventually for billing).
Before sending a binding purchase order, you will be given a recapitulation of your order including the final price (depending on your chosen method of payment and the delivery). We recommend you to check the type and quantity of the goods, your e-mail and delivery address. Please note, that within recapitulation you have the last chance to change the inserted information.
You are submitting the binding purchase order by clicking on the button „Confirm order “. We consider the data in the binding purchase order as correct and complete. In case of any change, please, inform us without undue delay via e-mail or telephone.
We will inform you when we obtain the order. Information (confirmation) about obtaining the order is send automatically and it is not an acceptance of the order from us, unless it explicitly states otherwise.
In case we will have doubts about the authenticity and seriousness of the order, we can contact you in order to verify it. Unverified order can be refused. Such order is then considered as not submitted at all.
2.3. When is the contract concluded?
The contract of sale is concluded as of the moment of delivery of our acceptance of the purchase order from us to you. The acceptance of the order will be sent to the e-mail address provided by you in the order. Should it be the case you do not receive the acceptance, the contract is concluded as of the moment you take over the goods. Acceptance of the order could be a part of the information on obtaining the order under the Article 2.2 of these Terms (if it is explicitly stated in the confirmation), or it could be send individually later.
Information about the particular technical steps leading to a conclusion of the contract are available on our website.
2.4. Is it possible to cancel an already sent order?
You can cancel an order which has not been accepted by us yet (i.e. we have not sent you the acceptance of the order according to Article 2.3 of these Terms yet) by telephone or via e-mail. All orders accepted by us are binding. Later cancellation of the order is possible by an agreement with us only. If you cancel an order of the goods where the withdrawal from the contract is not possible (see Article 5), we are entitled to claim the reimbursement of the costs already expended by us to that time.
2.5. Is it possible that the price showed on the website will be changed?
Prices of the presented goods and of the packaging, transport and the delivery remain valid as long as they are showed on the website. Potential discounts from the purchase price cannot be combined, unless it is explicitly stated otherwise on the website.
In case a wholly obvious technical error regarding the price occurred on the website or within the purchase order process, we are not obliged to deliver you any goods for this wholly obvious incorrect price, not even in the case you already received an acceptance of the order from us according to these Terms. In such a situation we reserve the right to withdraw from the contract.
If the price of the goods showed on the website or within the purchase order process is not actual, we will inform you in such respect without undue delay. If you have not received an acceptance of your order yet, we are not obliged to conclude the contract.
Orders which have been already sent, are not affected by the change of the price which occurred within the period beginning by sending of the order and ending by its acceptance from us according to Article 2.3 of these Terms.
2.6. Is it possible to obtain the contract of sale in a text form?
Contract of sale is not concluded in writing form with the signatures of the contracting parties. The contract of sale consists of these Terms (by virtue of Section 1751 par. 1 of the Civil Code), your order and its acceptance from us. The entire contract will be sent to you via e-mail or upon your request printed via mail. In case of sending it via mail, you can be asked to cover the costs connected to it.
2.7. What if you don't understand something in the contract?
In case of any questions about these Terms or about the contract of sale, you can contact us by telephone or via e-mail. We will be happy to provide you with the needed information.
2.8. In what languages is it possible to conclude the contract?
The contract of sale concluded in English, unless we explicitly agree on any other language. Please note that all communication with our company will take place in English.
2.9. Is the contract of sale anywhere saved?
The contract of sale (including these Terms) is maintained by us in an electronic form. The contract of sale is not accessible to third parties, but we will send it to you upon your request.
3. PAYMENT CONDITIONS
3.1. What payment methods are accepted?
The purchase price can be paid mainly by the following manners:
- via the credit card by online payment;
- via bank transfer to our bank account prior the delivery (you will be instructed in the purchase order acceptance);
- via payment gateway PayPal.
Any other payment methods and potential extra fees connected with some payment methods are stated on the website. These fees are stated on the website. The final price including the fees connected with the payment method will be always stated in the purchase order.
3.2. When is the price due?
In case of a non-cash payment, the purchase price is due within fifteen days from the acceptance of the order according to Article 2.3 of the Terms. Your obligation to pay the purchase price, when using a non-cash payment method, is fulfilled as of the moment, we receive the respective payment at our bank account.
3.3. In what currency can you pay?
Payment is possible in US dollars (USD), British pounds (GBP) or euros (EUR) – selection of currency depends on your choice.
3.4. May we ask for a deposit or a payment in advance?
Be aware that we are entitled to ask you for payment in advance (or deposit) before sending or the delivery of the goods in accordance with § 2119 par. 1 of the Civil Code.
3.5. How do we issue the bills in accordance with the Electronic Registration of Sales and invoices?
By expressing a consent with these Terms, you are also expressing consent with the issuing of the bills in accordance with the Act No. 112/2016 Sb., the Registration of Sales, as amended, and invoice electronic way.
4. DELIVERY CONDITIONS
4.1. How do we send the goods?
Delivery methods of the goods are stated on our website. You can choose the respective delivery method at the purchase order. If you do not choose any of the delivery methods, we may choose a delivery method instead of you.
4.2. What are the costs of the delivery?
The delivery costs always depend on the size and nature of the goods and on the price list of the selected carrier. Actual delivery costs are stated on our website.
In the purchase order the final price including the delivery costs corresponding to your selection will always be stated.
4.3. When the goods will be delivered to you?
The time of delivery of the goods always depends on the availability of the goods and on the chosen method of transport and payment.
The goods available in stock is handed over to a carrier usually within one working day from the moment your payment is credited to our bank account.
The goods not available in stock is handed over to a carrier as soon as possible usually within 3 to 5 working days from the moment your payment is credited to our bank account. We will inform you about the exact date.
The delivery of the goods under these Terms means the moment when the goods are delivered to you. Should you refuse to accept the goods without just reason, such non-acceptance is considered neither as the failure of our obligation to deliver the goods, nor as a withdrawal from the contract from your side.
If you are not a consumer, the goods are delivered as of the moment they were handed over to the first carrier.
4.4. How to proceed when taking over the goods?
You should check the integrity of the packaging at the delivery. Should you find any deficiencies, please inform us and the carrier immediately. If you refuse a delivery with damaged packaging, it is not considered as unjustified refusal of the goods.
As of the moment of taking over the goods (or as of the moment you had the obligation to take over the goods, but you refused to do so contrary to the contract) the liability for accidental destruction, damage or loss of the goods passes on you.
4.5. What happens, if you do not take over the goods?
You are obligated to pay the costs associated with the re-delivery, if the goods have to be delivered repeatedly or by other means of delivery due to the reasons on your side.
Should you not accept the goods, we are entitled to the reimbursement of the costs associated with the delivery or re-delivery and its storage, as well as other costs that arise due to not accepting the goods.
If you have already paid the purchase price (in case of a non-cash payment), further we have the right to approach self-help sale in accordance with § 2126 of the Civil Code.
Furthermore. we have the right to withdraw from the contract.
5. WITHDRAWAL FROM THE CONTRACT
5.1. How can you withdraw from the contract?
If you are a consumer, you can withdraw from the contract within 14 days from the day of accepting the goods; if the delivery is divided into several parts, then from the date of the final delivery. We recommend you to send a notice of withdrawal from the contract to our delivery address or e-mail. You can use a template form for the withdrawal from the contract. The acceptance of the notice will be confirmed to you without undue delay.
You can withdraw from the contract without stating any reason.
5.2. What are the consequences of the withdrawal?
By withdrawal the contract is cancelled from the beginning and is considered as never concluded.
If the gift was provided together with the goods, such a donation contract is void as of the withdrawal from the contract by any of the parties. Please return the gift to us together with the returned goods.
5.3. When you cannot withdraw from the contract?
In accordance with Section 1837 of the Civil Code is not possible to withdraw (among others) from the contracts regarding:
- the supply of goods made to your specifications or clearly personalised;
- the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
5.4. How do we proceed withdrawals from the contract?
If you withdraw from the contract, you have the right to obtain the amount of money paid for the goods (provided that you fulfil the conditions stated in this article 5). Please note that we do not offer the possibility to exchange the goods upon withdrawal. If you are interested in other goods from our online shop, you need to place new order.
5.5. How do you return the goods?
You are obliged to return us the goods within 14 days from the withdrawal from the contract to our delivery address, to any our business premises or to the address of our registered seat. Do not send the goods by the means of cash-on-delivery. We are not obliged to accept the goods sent via the cash-on-delivery.
The returned goods must be undamaged, unworn and unpolluted and, if possible, in the original packaging.
To the returned goods we recommend to attach:
- a copy of the delivery note and the invoice, if these documents were issued, or any other document evidencing the purchase of the goods;
- a written statement on the withdrawal from the contract (by using our template form or by any other way) and on the selected method of refund (bank transfer, personal collection or postal order or any other way). Please provide us the delivery address, telephone number and e-mail in the statement.
Not providing of any of the abovementioned documents shall not prevent your statutory rights in any manner.
5.6. When do you get your money back?
We will refund all the received money within 14 days from the withdrawal from the contract. Please note that we are not obliged to refund you the money before you return the goods or prove its sending back to us.
Among the purchase price you are entitled also to a refund of the costs of the delivery of the goods to you. However, if you chose other than the cheapest delivery method which we offer we will refund you the costs of the delivery of the goods in the amount corresponding to the cheapest offered way of the delivery.
We will refund you the money:
- by the same way as we have received them; or
- by the way you will require.
Among the above stated methods, we can always refund the money also to the bank account you provided us, or the bank account from which the purchase price was paid (should you not provide us with any bank account within 10 days from the withdrawal). By accepting these Terms, you express your consent with sending the money as stipulated in the previous sentence if no other costs will be caused to you.
The costs of the delivery of the returned goods on our address accrues to you also in the case that the goods cannot be returned via the usual postal service due to its nature.
5.7. What if the returned goods were damaged?
When returning the goods, please, wrap it to a suitable packaging to avoid the risk of damage or destruction. The goods substantially damaged or destroyed goods during the transport cannot be fully refunded.
In case that we find out that the returned goods are damaged, worn, dirty or partially consumed, we are entitled to claim the damages. We can unilaterally set off the claims for damages against your claim for refund of the purchase price and the costs of the delivery, i.e. the refunded amount will be reduced accordingly.
5.8. When we can withdraw from the contract?
We reserve the right to withdraw from the contract in the following cases:
- obviously wrong purchase price of the goods occurred on the website due to a technical error (Article 2.5 of these Terms);
- the goods cannot be supplied under the original terms (mainly because the goods are no longer manufactured);
- the performance becomes objectively impossible or illegal.
Should any of the above mention situations occur, we will inform you about our withdrawal from the contract without undue delay. The withdrawal is effective upon the delivery to you.
If you have already fully or partly paid the purchase price, we will refund you the received amount to the bank account you provide us for this purpose or to the bank account from which you made the payment (should you not provide us with any bank account within 3 days from the withdrawal). The money is returned within five days from the withdrawal from the contract.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
Your rights from defective performance are governed by the relevant legislation (in particular by 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).
In exercising of the rights from a defective performance we will proceed in accordance with our Warranty Claim Guidelines. Before sending a warranty claim, please, acquaint yourself thoroughly with the Warranty Claim Guidelines in order to your claim could be processed as quickly as possible and to your satisfaction.
7. REGISTRATION ON THE WEBSITE
7.1. How can you register on the website?
By the registration via the registration form situated on the website is created a user account. Keep the access data to the user account in secret. We are not responsible for any misuse of the user account by a third party.
Information provided within the registration must be truthful and complete. We are authorised to delete an account, created with false or incomplete data, without any compensation. In case of change of your user details we recommend their change in the user account without undue delay.
7.2. For which purposes is user account created?
Through the user account you can primarily make and track your purchase orders and manage the user account. Any other features of the user account are always stated on the website.
7.3. When do we have the right to delete you user account?
Note that we have the right to delete your user account without any compensation, if violation of good manners, valid legal regulation or these Terms occurs via your user account.
8. COPYRIGHT PROTECTION, LIABILITY AND USING THE WEBSITE
8.1. Is the website content under copyright protection?
The content placed on the website (texts, photographs, images, logos etc.), including the software and these Terms, is protected by our copyright and may be protected by other rights of other persons. You are forbidden to modify, copy, reproduce, distribute or use it for any purpose without our consent or consent of a copyright holder. In particular, it is forbidden to make available any photos and texts placed on the website either paid or free of charge.
The names and designations of products, goods, services, firm and company names can be registered trademarks of their respective owners.
8.2. Liability and using the website
We are not liable for errors originating due to interference of third persons with the website or due to its use contrary to its purpose. While using the website you cannot use any mechanisms, software, scripts or other processes which could impose a negative impact on its operation, i.e. mainly interfere with the function of the system or unreasonably burden the system.
If you commit any illegal or unethical act during the use of the website, we are entitled to restrict, suspend or terminate your access to the website without any compensation. In this case, you are obliged to pay us compensation for the damage, which we clearly incurred due to your acts under this paragraph, in full amount.
Note that by clicking on certain links on the website you may exit the website and be redirected to websites of third parties.
9. FINAL PROVISIONS
9.1. What permissions do we have for the performance our activities and who controls us?
We are a holder of a trade licence for the sale of the goods.
Please note that some of the products we manufacture and sell are classified as Class I medical devices as defined in Council Directive 93/42/EEC concerning medical devices and corresponding national legislation. These products are duly registered in the Register of Medical Devices maintained by the State Institute for Drug Control (http://www.sukl.eu/index.php?lang=2) and are subject to control executed by this office.
Our company is registered with the State Institute for Drug Control as the manufacturer, importer and distributor of medical devices under the registration number 003180.
Trade control is carried out by the respective Trade Office within the scope of their competency. The control of compliance with the legislation on technical requirements of the goods and products safety is performed by the Czech Trade Inspection Authority (http://www.coi.cz/en/), unless the State Institute for Drug Control are in charge. The Czech Trade Inspection Authority also perform a control of compliance with the consumer protection legislation. The consumer rights are also advocated by the interest groups and other entities designated for their protection.
9.2. How do we handle your complaints?
We handle any complaints via our contact e-mail. Furthermore, you can contact the bodies referred to in Article 7.1. In relation to our customers, we are not bound by any codes of conduct, nor do we follow any of them.
9.3. What rights may you exercise in dispute arising from the contract?
If a contractual dispute arises between you as a consumer and us, that we have not been able to resolve directly, you have the right to submit the dispute to the Czech Trade Inspection Authority (http://www.coi.cz/) or, alternatively, the Czech Consumer Association (http://www.konzument.cz), in order to carry out alternative dispute resolution procedure. You shall exercise the right within 1 year of the date you have asserted the right subjected to the contractual dispute.
If you are dissatisfied with goods or services purchased, you can use the Online Dispute Resolution Platform developed by the European Commission (http://ec.europa.eu/consumers/odr/). It is also possible to use the Online Dispute Resolution Platform for the purpose of selecting the alternative dispute resolution bodies which offer out-of-court settlement procedures.
9.4. What else should you know?
When the means of distance communication are used for the conclusion of the contract, such costs do not differ from the basic rate. Costs incurred by the use of the means of distance communication (mainly the cost of internet connection or phone calls) are paid by yourself.
Unless agreed otherwise, all correspondence between us related to the contract is in writing, either by sending an e-mail, registered mail or by personal delivery. We will communicate with you either to the e-mail address specified in the purchase order or in your user account.
Should it be the case that any provision of these Term is invalid, ineffective or inapplicable (or will become as such), the provision, which by its sense is closest to the invalid, ineffective or inapplicable provision, will apply. By the invalidity, ineffectiveness or inapplicability of one provision shall not be affected the validity of the remaining provisions. The contract of sale (including these Terms) can be changed or amended in writing only.
These Terms are valid and effective as of 24. 5. 2018