Business Terms and Conditions of the company IMCoPharma a.s., Reg. No. 27845311, Registered office: Budovatelská 1178/35, Bílovec, 743 01, Czech Republic, company registered in the Commercial Register, Regional Court in Ostrava, section C, entry No. 42021 for the sale of goods through the on-line shop located at https://samples.imcobuy.com.
1. INTRODUCTORY PROVISIONS
1.1. These Business Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of the company IMCoPharma a.s., Reg. No. 27845311, registered office: Budovatelská 1178/35, Bílovec, 743 01, Czech Republic (hereinafter referred to as the “Seller”) govern mutual rights and obligations of on the basis of a Purchase contract (hereinafter referred to as the "Purchase contract") concluded between the Seller and another legal entity (hereinafter referred to as the "Buyer") through the Seller's online store. The Seller operates the online store at https://samples.imcobuy.com (hereinafter referred to as the “Website”) through the Web interface of the store (hereinafter referred to as the “Web interface”).
1.2. The provisions of the Terms and Conditions form an integral part of the Purchase contract. The Purchase contract and the Terms and Conditions are written in English.
2. USER ACCOUNT
2.1. Based on the Buyer's registration on the Website, the Buyer can access his User interface. From its User interface, the Buyer can order goods (hereinafter referred to as "User account"). If the Web interface allows it, the Buyer can also order goods without registration directly from the Web interface.
2.2. When registering on the Website and ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the User account upon any change.
2.3. Access to the User account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access User account.
2.4. The Buyer is not entitled to allow the use of the User account by third parties.
2.5. The Seller may cancel the User account, especially if the Buyer has not used his User account for more than one year, or if the Buyer breaches his obligations under the Purchase contract (including Terms and Conditions).
2.6. The Buyer acknowledges that the User account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The Web interface of the store contains a list of goods offered by the Seller for sale, including prices of individual offered goods. Prices of offered goods do not include VAT. The offer of sale of goods and prices of these goods remain valid as long as they are displayed in the Web interface of the shop. This provision does not limit the Seller's ability to conclude a Purchase contract under individually negotiated conditions. All offers of sale of goods placed in the Web interface of the shop are not binding and the Seller is not obliged to conclude a Purchase contract regarding these goods.
3.2. The store Web interface also contains information about the costs associated with packaging and delivery. Information on the costs associated with the 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 territory of the Czech Republic.
3.3. To order goods, the Buyer fills in an Order form in the Web interface of the shop. The Order form contains information about:
- Ordered goods (the ordered goods are "inserted" by the Buyer into the electronic shopping cart of the Web interface of the shop)
- method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods
- information on costs associated with the delivery of goods
(hereinafter collectively referred to as the “Order”).
3.4. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order by the Buyer, also with regard to the Buyer's ability to detect and correct errors arising when entering data into the Order. The Buyer sends the Order to the Seller by clicking on the "Order" button. The Seller shall confirm the receipt to the Buyer immediately upon receipt of the Order by e-mail to the Buyer's e-mail address specified in the User interface or in the Order (hereinafter referred to as the “Buyer's E-mail Address”). By placing an Order, the Buyer confirms that he has read and agrees with these Terms and Conditions.
3.5. Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (e.g. in writing or by telephone).
3.6. The Seller shall confirm receipt of the Order by e-mail to the Buyer's e-mail address without delay, which shall not constitute acceptance of the proposal to conclude the Purchase contract. The Purchase contract itself is concluded by acceptance of the proposal for the conclusion of the Purchase contract by the Seller, which is considered to be the shipment of goods by the Seller to the Buyer or explicit acceptance of the proposal to conclude the Purchase contract by the Seller via e-mail.
3.7. The Buyer acknowledges that the Seller is not obliged to conclude a Purchase contract, especially with entities who have previously substantially breached the Purchase contract (including Terms and Conditions).
3.8. The Buyer agrees to use means of distance communication when concluding the Purchase contract. The costs of the Buyer when using 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.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of goods under the Purchase contract, the Buyer can pay to the Seller in the following ways:
- bank transfer
4.2. Together with the purchase price, the Buyer is obliged to pay to the Seller also 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.
4.3. In case of bank trasfer, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. The Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.
4.4. The Seller is entitled, especially if the Buyer does not confirm the Order, to request payment of the entire price before sending the goods to the Buyer.
5. WITHDRAWAL FROM THE CONTRACT
5.1. The Buyer acknowledges that pursuant to Section 53 (8) of the Civil Code, as amended (hereinafter referred to as the “Civil Code”), it is not possible to withdraw from the Purchase contract for the delivery of goods modified according to the Buyer's wishes, perishable (especially food), wear or obsolescence.
5.2. Unless the case referred to in Article 5.1 or any other case where the Purchase contract cannot be withdrawn, the Buyer has the right to withdraw from the Purchase contract without stating a reason and without any penalty, in accordance with Section 53 (7) of the Civil Code, and 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 from receipt of the goods, to the address of the Seller.
5.3. In case of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase contract is canceled from the beginning. Goods must be returned to the Seller within fourteen (14) working days of sending the withdrawal to the Seller. Should the Buyer breach the obligation under the preceding sentence, the Seller shall be entitled to a contractual penalty of 0.1 % of the price of the goods, the Buyer is in default of returning, for each day of delay, up to the purchase price of such goods. This provision shall be without prejudice to the right to compensation for any damage resulting from a breach of the obligation subject to a contractual penalty, even if the damage exceeds the contractual penalty. Goods must be returned to the Seller undamaged and unused, without any signs of use and in the original packaging.
5.4. Within ten (10) days of returning the goods to the Buyer pursuant to Article 5.3 of the Terms and Conditions, the Seller is entitled to review the returned goods, in particular to determine whether the returned goods are not damaged, worn or partially used up. This provision shall also apply to the primary packaging of the product.
5.5. In the event of withdrawal from the contract pursuant to Article 5.3 of the Terms and Conditions, the Seller shall return the total price to the Buyer no later than ten (10) days from the end of the period for reviewing the goods according to Article 5.4 of the Terms and Conditions. The Seller is also entitled to return the total price by bank transfer upon returning the goods to the Buyer.
5.6. The Buyer acknowledges that if the goods returned by the Buyer is damaged, worn or partially used up, the Seller shall be entitled to compensation from the Buyer for damages incurred by the Buyer. The Seller is entitled to unilaterally set off the claim for damages against the Buyer's claim for refund of the purchase price. Similarly, the Seller is entitled to unilaterally set off the claim for a contractual penalty pursuant to Article 5.3 of the Terms and Conditions against the Buyer's claim for a refund of the purchase price.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. The method of delivery of goods is determined by the Seller, unless otherwise specified in the Purchase contract. If the mode of transport is agreed upon at the request of the Buyer, the Buyer bears the risk and possible additional costs associated with this mode of transport.
6.2. If the Seller is obliged under the Purchase contract to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery. If the Buyer does not take delivery of the goods upon delivery, the Seller is entitled to demand a storage fee of EUR 40 and is also entitled to decline the Purchase contract.
6.3. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in any other way than specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, eventually costs associated with other delivery methods.
6.4. 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 to notify the carrier immediately. In case of a violation of the packaging, which indicates unauthorized opening of the shipment, the Buyer does not have to accept the shipment from the carrier. By signing the delivery note, the Buyer confirms that the consignment of the goods fulfilled all conditions and requirements and that any later complaint about the breach of the package can not be taken into account.
7. LIABILITY FOR DEFECTS, WARRANTY
7.1. The rights and obligations of the parties regarding the Seller's liability for defects, including the Seller's Warranty liability, shall be governed by the relevant generally binding regulations.
7.2. The Seller is responsible to the Buyer for the fact that the item sold is in conformity with the Purchase contract, in particular that it is free from defects.
7.3. If the item does not comply with the Purchase contract upon the takeover by the Buyer (hereinafter referred to as “Non-comliance with the Purchase contract”), the Buyer has the right to restore the item free of charge by the Seller and without undue delay either by replacing the item or by repairing it; if such a procedure is not possible, the Buyer may request a reasonable discount on the price of the item or decline the Purchase contract.
7.4. If the goods is not perishable or used, the Seller is responsible for defects that appear as a contradiction with the Purchase contract after the receipt of the item within the Warranty period (hereinafter referred to as „Warranty“).
7.5. The Buyer's rights arising from the Seller's liability for defects, including the Seller's Warranty liability, shall be exercised by the Buyer at the Seller's address.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of behavior within the meaning of Section 53 a (1) of the Civil Code.
8.3. The Buyer has the right to turn to a third party in an out-of-court settlement, and the third party is the Czech Trade Inspection.
9. PROTECTION OF PERSONAL DATA AND SENDING OF COMMERCIAL INFORMATION
9.1. The Buyer agrees to the processing of the following personal and company data: name and surname of the contact person, company legal address, registration number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as "Personal data").
9.2. The Buyer agrees to the processing of Personal data by the Seller for the purpose of realizing the rights and obligations under the Purchase contract and for the purpose of sending information and commercial communication to the Seller.
9.3. Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.4. The Buyer acknowledges that he may withdraw his consent to the processing of Personal data in relation to the Seller by a written notice delivered to the Seller's address.
9.5. The Buyer may agree to receive information related to the Seller's goods, services or business to the Buyer's email address.
10. FINAL CONCLUSIONS
10.1. If the relationship related to the use of the Website or the legal relationship established by the Purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.
10.2. The Purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is accessible by the Seller.
10.3. Contact details of the Seller: delivery address: IMCoPharma a.s. Budovatelská 1178/35, 743 01 Bílovec, Czech Republic, e-mail address: firstname.lastname@example.org, phone: +420 556 778 411.