Trading conditions

General terms and conditions of the e-shop www.stmaria.cz, which is operated by BOHEMIAN SYMFONY s.r.o.

1. Legal status

These general terms and conditions (hereinafter referred to as "GTC") apply to trading through the e-shop "www.stmaria.cz", operated by BOHEMIAN SYMFONY s.r.o. with its registered office at Zámecký Vrch 423/18, Karlovy Vary, 36001, ID: 263 65 979, VAT number: CZ 263 65 979, registered with the KS in Pilsen, file C, mark 15 733, which is a VAT payer (hereinafter referred to as the "Seller") .
On the basis of the buyer's order, which is subsequently confirmed by the supplier's employee, and these GTC, a purchase contract is created between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the seller's online store. The business portal "www.stmaria.cz" serves primarily for the sale of the complete assortment of the pharmacy St. Maria
The terms and conditions further regulate the rights and obligations of the contracting parties when using the Seller's website located at www.stmaria.cz (hereinafter E-shop) and other related legal relationships. The web application runs at www.stmaria.cz, on the servers of BOHEMIAN SYMFONY s.r.o.
These General Terms and Conditions do not apply to cases where a person who intends to purchase goods from the seller acts when ordering goods as part of his business activity. In these cases, either a special written purchase contract is concluded, or based on the buyer's order, the procedure is followed according to the provisions of the relevant code of the Czech Republic. (NOZ and/or ZOO)
Provisions deviating from these GTC can be negotiated individually and mutually agreed upon by email or in another written form in the form of a written purchase contract. The provisions agreed in this way are always valid for the business case or the cases specified in the purchase contract agreed in this way.

2. Protection of personal data

All customer information is kept by the Seller in accordance with the applicable laws of the Czech Republic, in particular with the Personal Data Protection Act No. 101/2000 Coll. as amended by later amendments and regulations. The Seller generally does not provide this information to third parties. Personal data of customers is secured against misuse and will only be used for the purpose of conducting business.
By logging into the web application of the e-shop, the Buyer agrees to the processing and collection of his personal data in the Seller's database for the purposes of implementing contracts until the time of his written expression of disagreement with this processing of personal data. The buyer has the right to access his personal data, the right to correct them and guarantees their current validity for the entire period of registration.
Personal data will be deleted from the Seller's database based on the client's written request. For the purpose of concluding a purchase contract, the seller requires personal information in the following range: first and last name, address, telephone and email contact, or company name, ID number and VAT number.
Personal data about clients is fully protected against misuse and the Seller undertakes not to pass this on to third parties, except in cases where he is obliged to do so by law (e.g. on the basis of a court order).

3. Conclusion of the electronic purchase contract

All orders of the Buyer can be made through the Seller's online store operated at www.stmaria.cz, by e-mail sent to the Seller's address, or by prior arrangement in person at the Seller's store. By sending the order, the Buyer confirms that he has familiarized himself with these GTC and that he agrees with them, which he was explicitly asked to do when completing the order.
The Buyer duly fills out the electronic order in the e-shop www.stmaria.cz, in which all required identification data of the Buyer will be indicated (name, surname, address of permanent residence, delivery address, if it is different from the address of permanent residence, e-mail, telephone number) and specifications of the selected goods (type, quantity, etc.). The order can also be placed via e-mail or by prior arrangement in person at the Seller's headquarters.
The Buyer undertakes to provide the correct identification data in the order made by any of the methods described above (in particular, the correct name, surname and delivery address to which the goods are to be sent) and acknowledges that he will be obliged to compensate the Seller for any damage caused in connection with incorrect given data.
A binding order means an order sent by the Buyer and confirmed by the Seller, i.e. the case on the basis of which an electronic purchase contract between the Buyer and the Seller is automatically created and valid. In the case of sending an order through the e-shop, the Buyer will receive an automatic email reply about the acceptance of the order into the system, but this does not yet result in confirmation of the order. In all cases, the Buyer will subsequently receive an order confirmation from the Seller's employee.
The seller reserves the right to refuse order confirmation if:
the delivery address, order amount (or other identification data) provided by the buyer is clearly incomplete, doubtful or incorrect.
the buyer rejects the Seller's request to conclude an electronic purchase contract in the case of an order with a volume of over CZK 50,000, in such cases a written purchase contract will be drawn up signed by both parties
in the past, the buyer has failed to fulfill his obligations to the Seller arising from these GTC.
The seller reserves the right to refuse to process orders or reduce the number of ordered pieces for the following reasons:
if there is an excess of demand for specific goods compared to the available or contracted volumes of the Seller's goods.
the quantity of products of one item is higher than usual for an individual collector or investor, or it is evident that the Buyer is a trader who intends to resell the goods. In such cases, it is advisable to contact us by phone and discuss business options.
if an operational-technical error occurred, as a result of which incorrect information was published on the Seller's website (incorrect availability of goods or incorrect price).
In these cases, the Seller will notify the Buyer of the rejection or shortening of the order by sending a message to the Buyer's e-mail address.
Conclusion of contracts by distance method - The buyer agrees that the order is made by means of communication at a distance. The seller bears no responsibility for any errors during data transmission, nor for any costs incurred by the buyer related to the use of remote communication means. The costs of using remote means of communication (telephone, internet, etc.) to place an order are normal, depending on the tariff of the telecommunications services used by the buyer.
Confirmation of the order by the Seller results in the conclusion of an electronic purchase contract according to these GTC, the details of which follow from the confirmation of the order and these GTC.

4. Rights and obligations of the seller and the buyer

The Seller is obliged to process the binding order and send the ordered goods to the address specified in the order within 14 working days from the payment of the deposit (crediting of funds to the Seller's account) or, as agreed with the Buyer, prepare the goods for personal handover at the Seller's store. If a longer delivery period is indicated in the description of the ordered goods, this longer delivery period is binding for orders containing these goods. On the day of dispatch of the goods, the Seller sends the Buyer a notification about the dispatch of the goods to his e-mail address. The place of performance and the transfer of ownership rights to the goods is indicated in the order confirmation (in person, by valuable writing or cash on delivery).
The buyer undertakes to collect the ordered and sent goods and to pay the entire purchase price for the collected goods, or also other fees stated in the order confirmation (in particular, the shipping fee, which includes postage including insurance and handling fees) in accordance with the payment terms.
By taking over the item, ownership of the purchased item passes to the Buyer. In the case of consignment sales, ownership is transferred to the Buyer upon receipt of the item by the Buyer at the place of delivery designated by him. If the Buyer damages, devalues, or destroys the ordered goods through his own fault before the transfer of ownership, he is responsible for the damage according to the general provisions on liability for damage.
The Buyer has the right to cancel the placed order by e-mail sent to the Seller until the order confirmation is received.
In the event that payment for the goods is not properly made, the Buyer's right to delivery of the goods at the confirmed purchase price shall cease. However, this does not affect the Seller's rights to a contractual penalty.

5. Purchase price and its payment

When ordering, the price listed on the e-shop is binding, but the Seller reserves the right not to accept the buyer's order in the event of an obvious error regarding the price, description or image of the product in the product catalog listed in the online store, or in the event of obviously incorrect information or technical error, namely at any stage of order processing. The price will be confirmed by the Seller in the order confirmation, making it binding for both contractual parties. In the event of a sharp movement of prices in the market, the seller can refuse to confirm the order at the original price and offer a new price, which the buyer can accept or reject. In case of acceptance of the price by the buyer, this price becomes binding for both parties. If the Buyer chooses to pay by bank transfer, the Seller issues and sends the Buyer a Advance Invoice and the Buyer is obliged to pay the advance payment to the Seller's account so that it is credited to the Seller's account within three working days.
If the Buyer does not pay the advance payment according to point 4.1. must pay the Seller a contractual penalty in the amount of costs incurred in connection with the business case. In particular, the differences between the purchase price and the unrealized binding selling price in the case of a buyback of the goods, transport costs and/or additional costs.
Payments can be made according to the selection in the e-shop application in the following ways:
by non-cash transfer to the Seller's accounts listed in the e-shop,
Payments can be made by credit cards and through payment gateways such as PayPal.
Tax document - the invoice is part of the shipment and at the same time serves as a warranty card and contains VAT information.

6. Delivery of goods

The type of delivery is chosen by the Buyer when completing the order according to the selection in the e-shop application in the following ways:
I will send a valuable letter of the Czech Post to the given address
Cash on delivery by the Czech Post to the Buyer's given address
Personal collection at the Seller's store.
The price of postage, packaging and cash on delivery is determined by agreement of the contracting parties and is indicated when completing the order and in its confirmation - electronic purchase contract. The Seller will notify the Buyer of the dispatch of the goods by means of an e-mail message.
The buyer is obliged to accept the ordered goods and, upon receipt, to check the integrity of the packaging, as well as whether the shipment shows obvious signs of damage or incompleteness. If any of these facts are discovered upon acceptance, the Buyer is obliged to make a note with the delivery person and not accept the shipment.
If the Buyer discovers damage or other irregularities (e.g. incompleteness) after receiving the shipment, he is obliged to notify the Seller immediately.
If the Buyer does not receive the shipment of goods within two working days from the notification of the dispatch of the shipment, the dispatch of which was notified to the Buyer by the Seller via e-mail, the Buyer is obliged to immediately inform the Seller of this fact.
When taking over the goods at the Seller's store, the Buyer is required to show proof of identity with a valid ID card or passport. In the event that the buyer authorizes another person to take over the goods, such a person is required to prove himself with a valid identity card or passport and submit a notarized power of attorney with a verified signature of the Buyer. In all cases, the receiving person must submit a copy of the order confirmation.
If the Buyer does not pick up the paid goods within 1 month from the Seller's request and does not agree on another date or another handover, the Seller will store the goods after this period for a fee of 0.1% of the purchase price, at least CZK 100 for each month started storage.
In the event that the Buyer does not pick up the unpaid goods within 14 days of the Seller's request and no other date or delivery is agreed upon, the order will be canceled due to the Buyer's fault and the Seller may apply sanctions according to the relevant provision of these General Terms and Conditions.

7. Complaints and warranty for goods

All goods are covered by a 24-month warranty. The warranty does not apply to defects caused by violent damage to the goods, unprofessional handling, or inappropriate storage of the goods.
The buyer shall make a complaint in writing or by e-mail to the Seller's address stating the name and address of the buyer, the order number and a description of the detected defects, if applicable. attach photo documentation.
The seller will decide on the complaint within 5 working days of receiving the complaint. The Seller will notify the Buyer of the outcome of the complaint procedure to the Buyer's e-mail address, unless the parties agree otherwise. The Seller is obliged to handle the complaint without undue delay, no later than 30 days from the date of application of the complaint.
In the event that the claimed goods were the only part of the shipment, the Buyer is also entitled to a refund of the shipping fee.

8. Cancellation of the order, withdrawal from the contract

1. You have the right to withdraw from this contract within 14 days without giving a reason.
2. You have the right to withdraw from the contract without giving a reason within 14 days from the day following the day:
a) when you or a third party designated by you (other than the carrier) take over the goods [in the case of concluding a purchase contract]; or
b) when you or a third party designated by you (other than the carrier) takes over the last delivery of goods [in the case of concluding a contract, the subject of which is several types of goods or the delivery of several parts].
3) In order to exercise the right to withdraw from the contract, you must inform BOHEMIAN SYMFONY s.r.o. about your withdrawal from this contract. and it:
a) at the address of the pharmacy that shipped the goods - Lékárna St. Maria at Zámecký vrch 423/18, Karlovy Vary, 360 01; or
b) at the email address lekarna@stmaria.cz in the form of a unilateral legal transaction. You can use the attached sample withdrawal form.
4. In order to comply with the deadline for withdrawing from this contract, it will be sufficient to send the withdrawal from the contract before the expiry of the relevant deadline.
The annex to the terms and conditions consists of a sample form for withdrawing from the purchase contract

9. Information on out-of-court settlement of consumer disputes pursuant to § 14 of Act No. 634/1992 Coll., on consumer protection, as amended

Seller BOHEMIAN SYMFONY s.r.o. with registered office Zámecký vrch 423/18, ID number: 263 65 979, informs consumers that the subject of out-of-court settlement of consumer disputes is the Czech Trade Inspection with registered office in Prague 2, Štěpánská 567/15, ZIP Code 120 00, www.coi.cz.

The consumer has the right to an out-of-court settlement of a consumer dispute from a purchase contract or from a contract for the provision of services, with the exception of contracts concluded in the field of health services provided to patients by health workers for the purpose of providing health care, including prescribing, issuing and providing medicinal products and medical devices.

10. Final Arrangements

These terms and conditions apply in the version currently listed on the Seller's e-show on the day the electronic order is sent by the Buyer. The seller reserves the right to change the terms and conditions, these changes will be archived.

These terms and conditions enter into force and are effective on 09-25-2015