issued in accordance with Section 1751 par. 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code″)
Art. I. Initial provisions
1.1 These Terms and Conditions (hereinafter also referred to as the “Terms and Conditions″) of Mineral Pharmacy, s.r.o., with registered seat at Prostredni Nova Ves 95, 507 81 Lazne Belohrad, Czech Republic, Reg. No.: 058 855 82, (hereinafter also referred to as the “the Seller″) lay down the mutual rights and obligations of the Contracting Parties arising from or in connection to the Purchase Agreement concluded between the Seller and the Buyer through the Seller’s electronic order form (hereinafter referred to as the “the Purchase Agreement″) and constitute integral part thereof. The Seller is the operator of an Internet shop at www.emagnesium.com (hereinafter referred to as the “Website″) through a web interface (hereinafter referred to as the “Shop’s Web Interface″).
1.2 These Terms and Conditions do not apply to cases where a person intending to purchase goods from the Seller is a legal person or a person placing the order within their business activities or in the exercise of their independent professional activity.
1.3 Provisions other than those included in Terms and Conditions may be agreed upon by the Buyer and the Seller (hereinafter also collectively referred to as the “Contracting Parties″) in the Purchase Agreement. Arrangements in the Purchase Agreement differing from those in these Terms and Conditions are of application priority.
1.4 Provisions of these Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and these Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5 The Seller may change or amend these Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the validity of previous versions of these Terms and Conditions.
Art. II. User account
2.1 The Buyer can order goods directly in the Shop’s Web Interface under registration or without registration.
2.2 When registering on the Website and when ordering goods, the Buyer is obliged to provide correct and true data. The Buyer must update the data given in the User Account upon any change. Data given by the Buyer in the User Account and during the process of ordering goods are deemed to be correct by the Seller.
2.3 Access to User Account is secured by username and password. The Buyer undertakes to maintain the confidentiality of information needed to access their User Account.
2.4 The Buyer is not entitled to allow any third parties to use their User Account.
2.5 The Seller is entitled to delete the User Account, especially if the Buyer does not use their User Account for more than 24 months or if the Buyer breaches their obligations under the Purchase Agreement (including Terms and Conditions).
Art. III. Conclusion of Purchase Agreement
3.1 Any and all presentations of goods placed in the Shop’s Web Interface are of informative nature and the Seller is not obliged to conclude a Purchase Agreement with regards to these goods. Provision of Section 1732 par. 2 of the Civil Code shall not be applicable.
3.2 The Shop’s Web Interface contains information on goods, including prices of individual products. Prices of goods include costs related to packaging, value added tax and all the relevant fees. Prices of goods do not include the costs related to the delivery of goods. Prices of goods remain valid for as long as they are displayed in the Shop’s Web Interface. This provision does not limit the Seller’s ability to conclude a Purchase Agreement on individually agreed terms.
3.3 To order goods, the Buyer shall fill in an order form in the Shop’s Web Interface. The order form contains information in particular related to:
3.3.1 ordered goods (the Buyer “places″ goods into their electronic shopping basket in the Shop’s Web Interface),
3.3.2 the method of payment of the purchase price, selected means of delivery of ordered goods, and
3.3.3 information on the costs related to the delivery of goods (hereinafter also collectively referred to as the “Order″).
3.4 Before sending the Order to the Seller, the Buyer can check and modify the data placed in the Order, also considering the Buyer’s ability to identify and correct errors that occurred when entering data into the Order. The Buyer sends the Order to the Seller by clicking the “PLACE ORDER″ button. Data provided in the Order are deemed to be correct by the Seller. After receiving the Order, the Seller confirms receipt to the Buyer by means of an email sent to the Buyer’s e-mail address as specified in the User Account or in the Order (hereinafter referred to as the “Buyer’s E-mail Address″).
3.5 The Seller is entitled at any time, depending on the nature of the Order (quantity of goods, purchase price, estimated delivery costs), to ask the Buyer for additional confirmation of the Order (e.g. in writing or by phone).
3.6 Contractual relationship between the Seller and the Buyer is established upon the delivery of receipt of the Order (acceptance) which the Seller sends to the Buyer via e-mail to the Buyer’s Email Address.
3.7 The Buyer agrees to use a remote means of communication when concluding the Purchase Agreement. Costs incurred to the Buyer when using a remote means of communication in connection to the conclusion of the Purchase Agreement (costs of Internet connection, costs of telephone calls) are borne solely by the Buyer and these costs are not different from the standard rates.
Art. IV. Purchase price and payment terms
4.1 The Buyer may pay the purchase price and delivery costs, if any, as stipulated in the Purchase Agreement, by using the following methods:
a) cashless payment by card;
b) direct bank transfer;
4.2 Together with the purchase price, the Buyer is obliged to pay the costs associated with the delivery of goods in the agreed amount based on the selected method of delivery. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of goods.
4.3 The Buyer is not obliged to pay a deposit or any other similar payment to the Seller. This is without prejudice to the provision of Art. 4.6 of Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4 If payment by mail order is selected, the purchase price shall be paid upon receipt of the goods. If cashless payment is selected, the Buyer’s obligation to pay the purchase price shall be deemed fulfilled upon crediting the respective amount to the Seller’s account.
4.5 The Seller is entitled, in particular if the Buyer does not confirm the Order in accordance with Art. 3.7 of Terms and Conditions, to require the payment of the entire purchase price before sending the goods to the Buyer. Provision of Section 2119, par. 1 of the Civil Code shall not be applicable.
4.6 Any discounts on the purchase price of the goods provided by the Seller to the Buyer cannot be aggregated.
4.7 If it is customary within business relations or if it is established by generally binding regulations, the Seller shall issue a tax document – invoice to the Buyer with respect to payments made under the Purchase Agreement. The Seller is liable for value added tax. The Seller shall issue a tax document – invoice to the Buyer after the purchase price of goods is paid and they shall send the document in electronic form to the Buyer’s E-mail Address.
4.8 In the event of reported technical errors or unintended discrepancies in the prices of goods presented in the Shop’s web, the Seller is not obliged to conclude a Purchase Agreement with regards to these goods. Providing that the Purchase Agreement has been already concluded, the Seller reserves the right to withdraw from the Purchase Agreement. If the Seller withdraws from the Purchase Agreement, the Seller shall return the funds received from the Buyer within fourteen days after the Seller’s withdrawal from the Purchase Agreement in the same manner as the funds were received from the Buyer.
Art. V. Withdrawal from the Purchase Agreement
5.1 In accordance with Section 1829 par. 1 of the Civil Code, the Buyer has the right to withdraw from the Purchase Agreement within 30 days after receipt of the goods; in case the subject of the Purchase Agreement covers more types of goods or the delivery of several parts, this period shall start on the date of the last delivery of goods. Notice of withdrawal from the Purchase Agreement must be sent to the Seller within the deadline stated in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer can use a sample form provided by the Seller, which is annexed to these Terms and Conditions. The Buyer may send the withdrawal notice, inter alia, to the Seller’s business address:
Mineral Pharmacy, s.r.o.
Prostredni Nova Ves 95,
507 81 Lazne Belohrad,
or to the Seller’s e-mail address:
5.2 If the Buyer withdraws from the Purchase Agreement under Art. 5.1 of these Terms and Conditions, the Purchase Agreement shall be repealed from the outset. Goods must be returned to the Seller within fourteen days of the Buyer’s withdrawal from the agreement. If the Buyer withdraws from the Purchase Agreement, they shall bear all the costs of returning goods to the Seller, including in the case when goods cannot be returned by standard mail given their nature.
5.3 If the Buyer withdraws from the Purchase Agreement under Art. 5.1 of these Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen days after the Buyer’s withdrawal from the Purchase Agreement in the same manner as the funds were received from the Buyer. The Seller is also entitled to return a transaction provided by the Buyer immediately when goods are returned by the Buyer or otherwise, as long as the Buyer agrees and no further costs are incurred to the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the accepted funds to the Buyer before the Buyer returns the goods or shows a proof of sending the goods to the Seller. Any fees paid for mail order services cannot be refunded.
5.4 The Seller is entitled to unilaterally offset the right to compensation for the damages incurred to goods against the Buyer’s right for a purchase price refund.
5.5 Until goods are received by the Buyer, the Seller is entitled to withdraw from the Purchase Agreement at any time. In such case, the Seller shall refund the purchase price to the Buyer without undue delay by means of a cashless payment sent to an account specified by the Buyer.
5.6 If a gift is sent to the Buyer together with the goods, a Donation Agreement is concluded between the Seller and the Buyer, which includes a cancellation clause stipulating that if the Buyer withdraws from the Purchase Agreement, the Donation Agreement shall cease to be effective and the Buyer is obliged to return the gift together with the goods.
Art. VI. Shipment and delivery of goods
6.1 The Buyer selects the means (method) of delivery of goods in the Order Form. If the means of delivery is agreed upon based on the Buyer’s special request, the Buyer bears the risk and potential additional costs related to such means of delivery.
6.2 If the Seller is obliged under the Sales Agreement to deliver goods to the address specified by the Buyer in the Order Form, the Buyer is obliged to accept the goods upon delivery.
6.3 If it is necessary, for reasons attributable to the Buyer, to deliver goods repeatedly or otherwise as stated in the Order Form, the Buyer is obliged to cover all costs associated with the repeated delivery of goods or costs associated with a different delivery method.
6.4 Upon receipt of goods from the carrier, the Buyer is obliged to check integrity of packaging and in the event of any defects, to report this fact to the carrier immediately. If defects in the packaging are discovered, indicating unauthorized intrusion into the consignment, the Buyer is not required to take over the consignment from the carrier.
6.5 Other rights and obligations of Parties related to delivery of goods are governed by the Seller’s Terms of Delivery, which constitute Annex 1 of these Terms and Conditions.
Art. VII. Rights arising from defective performance
7.1 Rights and obligations of Contracting Parties arising from defective performance are governed by generally binding legal rules (especially provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2 The Seller guarantees to the Buyer that the goods have no defects upon receipt. In particular, the Seller is held responsible toward the Buyer that, at the time of receipt of the goods:
7.2.1 the goods have properties that have been agreed upon by the Parties and, in the absence of an agreement, have properties described by the Seller or manufacturer or which the Buyer expects in view of the nature of the goods and on the basis of advertising.
7.2.2 the goods are fit for the purpose claimed by the Seller or to which goods of the same type are commonly used,
7.2.3 quality or performance of the goods correspond to quality or performance of samples or specimen, if quality or performance was determined on the basis of an agreed sample or specimen.
7.2.4. the goods are in the appropriate quantity, extent, or weight; and
7.2.5 the goods comply with legal requirements.
7.3 If defects are discovered within six months after takeover, the goods shall be deemed to have been defective already at the moment of takeover. The Buyer is entitled to claim rights due to defects that are discovered on consumer goods within twenty-four months after the takeover, unless a longer period of time is set for a particular product.
7.4 The Buyer shall claim the right arising from defective performance at the Seller’s business address. The claim shall be deemed as made at the moment of receipt of claimed goods by the Seller.
7.5 Other rights and obligations of the Parties related to the Seller’s liability for defects can be arranged in the Seller’s Code of Complaints.
Art. VIII. Other rights and obligations of the Seller and the Buyer
8.1 The Buyer takes over ownership of the goods upon payment of the entire purchase price of the goods.
8.2 The Seller is not bound by any codes of conduct in relation to the Buyer in accordance with provisions of Section 1826 par. 1e) of the Civil Code.
8.3 Out-of-court consumer complaint procedures are handled by the Seller via the e-mail address firstname.lastname@example.org. The Seller shall send information regarding the Buyer’s complaint to the Buyer’s E-mail Address. The out-of-court settlement of consumer disputes arising from a Purchase Agreement under these Terms and Conditions shall be carried out by the Czech Trade Inspection, with registered seat at Ceská obchodni inspekce, Stepanska 567/15, 120 00 Praha 2, website: http://www.coi.cz/.
8.4 The Seller is entitled to sell goods on the basis of a trade license. The Data Protection Office shall monitor the protection of personal data. The Czech Trade Inspection monitors, inter alia, the compliance with Act No. 634/1992 Coll. on consumer protection, as amended.
8.5 The Buyer hereby assumes the risk in accordance with Section 1765 par. 2 of the Civil Code.
Art. IX. Personal Data Protection
9.1 Protection of personal data of a Buyer who is a natural person, is provided by Act No. 101/2000 Coll. on personal data protection, as amended.
9.2 The Buyer agrees with the processing of their personal data: first name and last name, home address, delivery address, identification number, tax identification number, e-mail address and phone number (hereinafter collectively referred to as “Personal Data″).
9.3 The Buyer agrees with the processing of their Personal Data by the Seller for the purposes of exercise of rights and obligations under the Purchase Agreement and for the purposes of maintaining his User Account. Unless the Buyer chooses otherwise, the Buyer agrees with the processing of their Personal Data also for the purposes of receiving information and commercial communication. Consent to the processing of Personal Data to full extent under this Article is not a condition that would itself prevent the conclusion of a Purchase Agreement.
9.4 The Buyer acknowledges that they are obliged to give their Personal Data (during registration, in their User Account, when placing order in the Shop’s Web Interface) correctly and truthfully and that they are obliged to inform the Seller of any changes in Personal Data without undue delay.
9.5 The Seller may authorize a third party as a processor of the Buyer’s Personal Data. The Seller shall not disclose the Buyer’s Personal Data to third parties, with the exception of persons delivering the goods, without prior consent of the Buyer.
9.6 Personal Data shall be processed for an indefinite period of time. Personal Data shall be processed in an electronic form in an automated manner or in a printed form in a non-automated manner.
9.7 The Buyer confirms that the Personal Data provided are accurate and that they have been advised that the provision of Personal Data is voluntary.
9.8 In the event that the Buyer believes that the Seller or the processor (Art. 9.5. of these Terms and Conditions) performs the processing of his Personal Data against the law or against these Terms and Conditions, they may:
9.8.1 ask the Seller or the processor for clarification,
9.8.2 require the Seller or processor to resolve such situation.
9.9 In the event that the Buyer requests information related to processing of his Personal Data, the Seller is required to provide such information. The Seller is entitled to request reasonable reimbursement not exceeding the costs that are necessary to provide information for the provision of information under the previous sentence.
Art. X. Delivery
10.1 The Buyer may receive information to the Buyer’s E-mail Address.
Art. XI. Final provisions
11.1 Contracting Parties have expressly agreed that any disputes that may arise out of the agreement concluded between them, disputes arising in connection to the agreement, including disputes related to its validity, interpretation, performance or termination, rights arising directly or indirectly from this legal relationship, matters of rights associated with the aforementioned rights, even if this agreement is invalid, revoked or withdrawn, shall first be settled by conciliation on the basis of the principles of honesty and good manners. If conciliation fails, disputes shall be settled in court proceedings before courts of the Czech Republic under Czech law.
11.2 In the event that the relationship established by the Purchase Agreement contains an international (foreign) element, Contracting Parties have agreed that the agreement concluded between them is governed by applicable legal rules of the Czech Republic, in particular the Civil Code. This is without prejudice to consumer rights arising from the generally binding legal rules.
11.3 Unless otherwise agreed to between the Seller and the Buyer in an agreement, these Terms and Conditions are valid and effective from 1 October 2016.
11.4 These Terms and Conditions may be changed or amended by the Seller. This provision is without prejudice to the rights and obligations arising during the validity of the previous version of the Terms and Conditions. Up-to-date wording of the Terms and Conditions is published at www.bioavailablecopper.com.
11.5 The Buyer agrees to receive information related to the Seller’s services or business to the Buyer’s E-mail Address and agrees to receive commercial communication from the Seller to the Buyer’s E-mail Address.
11.6 If any of the provisions of these Terms and Conditions is or becomes invalid or ineffective, a new provision shall be used in place of such invalid or ineffective provision with meaning as close as possible to the meaning of the invalid or ineffective provision. Invalidity or ineffectiveness of a provision is without prejudice to validity of the remaining provisions. In case of doubt, provisions of these Terms and Conditions shall be regarded as valid rather than invalid.
11.7 The Purchase Agreement, including these Terms and Conditions, is archived by the Seller in an electronic form and is not accessible.
The Seller’s contact details:
Mineral Pharmacy, s.r.o.,
Prostredni Nova Ves 95,
PSC 507 81 Lazne Belohrad,
e-mail address: email@example.com
phone: +420 774 818 946