Terms of service

TERMS AND CONDITIONS

WorldCZ s.r.o, having its registered office at Palouky 1368, 253 01 Hostivice, company identification number 267 31 851, registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 90205

I. INTRODUCTORY PROVISIONS
1. These business terms and conditions (hereinafter referred to as the "terms and conditions") of the commercial company WorldCZ s.r.o, having its registered office at Palouky 1368, 253 01 Hostivice, identification number 267 31 851, registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 90205 (hereinafter referred to as the "seller") govern the mutual rights and obligations of the parties arising from or on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and the buyer – a natural or legal person (hereinafter referred to as the "buyer") via the seller’s online store. The online store is operated by the seller at the internet address medichea.eu via a web interface (hereinafter referred to as the "web interface of the store").

2. The terms and conditions further regulate the rights and obligations of the contracting parties when using the seller’s website located at medichea.eu (hereinafter referred to as the "website") and other related legal relationships.

3. The terms and conditions do not apply to cases where a person who intends to purchase goods from the seller acts when ordering goods within the framework of their business or other entrepreneurial activity; in such a case, the relationship between this person and the seller is governed by Act No. 513/1991 Coll., the Commercial Code, as amended.

4. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

5. The provisions of the terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract may be concluded in the Czech language.

6. The wording of the terms and conditions may be amended or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

II. CONCLUSION OF THE PURCHASE CONTRACT
1. The web interface of the store contains a list of goods offered by the seller for sale, including the prices of the individual goods offered. The prices of the goods offered are stated including VAT and all related charges. The offer for the sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed conditions. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to conclude a purchase contract regarding these goods.

2. The web interface of the store also contains information on the costs associated with packaging and delivery of the goods. 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 territory of the Czech Republic and the Slovak Republic, unless stated otherwise below. In cases where goods are to be delivered outside the territory of the Czech Republic or the Slovak Republic, the costs associated with packaging and delivery of goods shall be agreed individually.

3. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:

3.1. the ordered goods,
3.2. the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods, and
3.3. information about the costs associated with delivery of the goods (hereinafter collectively referred to as the "order").

4. Before sending the order to the seller, the buyer is allowed to check and change the data entered in the order, also with regard to the buyer’s ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking the button “Order and pay Gopay” or “Order and pay (CP)” or “Order and pay (DHL or PPL or STORE)” depending on the payment method chosen by the buyer. Immediately after receiving the order, the seller confirms receipt to the buyer 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").
5. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated delivery costs), to request additional confirmation of the order from the buyer (for example in writing or by telephone).
6. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer’s e-mail address.
7. The buyer acknowledges that the seller is not obliged to conclude a purchase contract, in particular with persons who have previously materially breached their obligations towards the seller.
8. The buyer agrees to use means of distance communication when concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself.

III. PRICE OF GOODS AND PAYMENT TERMS
1. The price of goods and all costs associated with the delivery of goods under the purchase contract may be paid by the buyer to the seller as follows:

1.1. in cash at the seller’s registered office,
1.2. cash on delivery at the place specified by the buyer in the order,
1.3. non-cash via the HiPay and PayPal payment system.

2. In addition to the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes costs associated with delivery of the goods.
3. In the case of payment in cash or payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days from the conclusion of the purchase contract.
4. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the seller’s account.
5. In the event of delay by the buyer in payment of the purchase price, the seller is entitled to a contractual penalty of 0.05% of the amount due for each day of delay.
6. The seller is entitled, especially in the case where the buyer does not provide additional confirmation of the order (Article 2.5), to require payment of the full purchase price before sending the goods to the buyer.
7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
8. If it is customary in business relations or if generally binding legal regulations so provide, the seller shall issue the buyer a tax document – an invoice – regarding payments made on the basis of the purchase contract. The seller is a VAT payer. The tax document – invoice shall be delivered by the seller to the buyer together with the goods.
9. The seller is entitled to require payment of a deposit in an amount agreed in advance or payment of the full amount before ordering or delivering the goods.

IV. WITHDRAWAL FROM THE PURCHASE CONTRACT
1. The buyer acknowledges that according to the provisions of § 53 paragraph 8 of the Civil Code, it is not possible to withdraw from contracts, among others:

1.1. for the provision of services, if their performance has begun with his consent before the expiration of the period of 14 days from acceptance of the performance,
1.2. for the supply of goods or services whose price depends on fluctuations in the financial market independent of the supplier’s will,
1.3. for the supply of goods customized to the wishes of the consumer or to his person, as well as goods which are subject to rapid deterioration, wear or obsolescence,
1.4. for the supply of audio and video recordings and computer programs, if the consumer has broken their original packaging,
1.5. for the supply of newspapers, periodicals and magazines,
1.6. consisting of a game or lottery

2. If it is not a case referred to in Article 4.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer, who is a consumer (according to the provisions of § 52 paragraph 3 of the Civil Code, a consumer is a natural person who does not act within the scope of their business or other entrepreneurial activity or within the independent exercise of their profession), in accordance with the provisions of § 53 paragraph 7 of the Civil Code, has the right to withdraw from the purchase contract within fourteen (14) days from receipt of the goods. Withdrawal from the purchase contract must be delivered to the seller within fourteen (14) days from receipt of the goods. Withdrawal may be sent by the buyer to the seller’s office address or to the seller’s email address kontakt@worldcz.cz. In the event of withdrawal from the contract, the seller is entitled to reimbursement of costs actually incurred in connection with the return of the goods.
3. In the event of withdrawal from the contract pursuant to Article 4.2 of the terms and conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within 5 working days from sending the withdrawal. The goods must be returned together with the tax document – invoice delivered with the goods, including all documents, undamaged, unworn and unused, must not show signs of use and, if possible, in the original packaging.
4. Within fifteen (15) days from the return of the goods by the buyer according to Article 4.3, the seller is entitled to inspect the returned goods, in particular to determine whether they are damaged, worn or partially consumed.
5. In the event of withdrawal pursuant to Article 4.2, the seller shall return the performance provided by the buyer within ten (10) days from the end of the inspection period according to Article 4.4, but no later than thirty (30) days from delivery of the withdrawal, in cashless form to the account specified by the buyer. The seller is also entitled to return the performance at the time of return of the goods.
6. The buyer acknowledges that if the returned goods are damaged, worn or partially consumed, the seller is entitled to compensation for damage. The seller is entitled to unilaterally offset this claim against the buyer’s claim for refund of the purchase price.
7. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay by non-cash transfer to the account specified by the buyer.
8. If a gift is provided with the goods, the gift contract is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract ceases to be effective and the buyer is obliged to return the gift together with the goods.

V. SATISFACTION GUARANTEE PROGRAM
1. The seller offers the buyer a satisfaction guarantee program. Within this program, the seller undertakes to refund the full purchase price if the buyer meets the conditions set out in this article (hereinafter the “guarantee”).
2. The buyer is not entitled to claim the guarantee if they have already successfully applied it once for a specific type of goods (regardless of quantity). Successful application means the purchase price has already been refunded.
3. The buyer is entitled to a refund if they notify the seller in writing that they are using the guarantee and return the goods at the same time, within 30 days of receipt. The goods must be returned with the invoice, all documents, in good condition, at least in the quantity specified in point 4, and if possible in original packaging.
4. If conditions are met, the contract is cancelled from the beginning. The seller is entitled to reimbursement of actual return costs. The buyer is not entitled to reimbursement of shipping or packaging costs or other return-related costs.
5. The guarantee does not apply to buyers acting within their business activity.
6. Otherwise, Article IV applies accordingly.

VI. TRANSPORT AND DELIVERY OF GOODS
1. The method of delivery is determined by the seller unless otherwise agreed. If chosen by the buyer, the buyer bears the risk and additional costs. The seller informs the buyer about shipment by email.
2. Delivery methods:

2.1. DHL – delivery within France,
2.2. Delivery to workplace/home – via DHL – within France

3. If repeated delivery is required due to the buyer, the buyer must pay additional costs.
4. Upon receipt, the buyer must check the integrity of packaging and notify the carrier immediately in case of defects. If tampering is evident, the buyer does not have to accept the shipment. Signing the delivery note confirms intact packaging.
5. Other rights and obligations may be governed by special delivery conditions issued by the seller.

VII. LIABILITY FOR DEFECTS, WARRANTY

1. The rights and obligations of the contracting parties regarding the seller’s liability for defects of the goods, including the seller’s warranty liability, are governed by generally binding applicable regulations (in particular the provisions of § 612 et seq. of the Civil Code).

2. The warranty period begins upon receipt of the goods by the buyer. The warranty period ends at the end of the period of use indicated on the packaging of the goods. The rights arising from liability for defects of the goods for which the warranty period applies expire if they have not been exercised during the warranty period.

3. The seller is responsible to the buyer for the fact that the sold item complies with the purchase contract, in particular that it is free of defects. Compliance with the purchase contract means that the sold item has the quality and useful properties required by the contract, described by the seller, the manufacturer or their representative, or expected on the basis of advertising, or the usual quality and useful properties for an item of that type which complies with legal requirements, is in the appropriate quantity, measure or weight and corresponds to the use indicated by the seller for the use of the item or for which the item is usually used.

4. In the event that the item does not comply with the purchase contract upon receipt by the buyer (hereinafter referred to as “conflict with the purchase contract”), the buyer has the right to request the seller to bring the item into a condition corresponding to the purchase contract free of charge and without undue delay, at the buyer’s request, 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 withdraw from the contract. A conflict with the purchase contract which manifests itself within six (6) months from the date of receipt of the item is considered to have existed at the time of receipt, unless this contradicts the nature of the item or unless proven otherwise.

5. If the goods are not perishable or used, the seller is liable for defects that appear to be in conflict with the purchase contract after receipt of the goods during the warranty period (warranty).

6. The buyer’s rights arising from the seller’s liability for defects, including the seller’s warranty liability, are exercised by the buyer with the seller at Palouky 1368, 253 01 Hostivice.

7. If defects occur in the goods during the warranty period, the buyer has, depending on the nature of the defect, the following rights when exercising liability for defects:

7.1. If it is a repairable defect, the buyer has the right to have it rectified free of charge, in a timely and proper manner, and the seller is obliged to eliminate the defect without undue delay. If this is not disproportionate due to the nature of the defect, the buyer may request replacement of the item, or if the defect concerns only part of the item, replacement of that part. If such a procedure is not possible, the buyer may request a reasonable discount on the price of the item or withdraw from the contract.

7.2. If it is a defect that cannot be eliminated and which prevents the item from being properly used as an item without defects, the buyer has the right to exchange the item or has the right to withdraw from the contract. The same rights belong to the buyer if the defects are repairable, but the buyer cannot properly use the item due to the recurrence of the defect after repair or due to a greater number of defects.

7.3. If the defects are other and cannot be replaced, the buyer has the right to a reasonable discount on the price of the item or may withdraw from the contract.

8. Defects caused by improper use, storage and other handling contrary to the seller’s instructions and the information provided in the manual are not considered defects of the goods.

9. The rights arising from liability for defects apply against the seller during the warranty period. At the same time as exercising these rights, the buyer must deliver the defective goods to the seller, document the time of sale of the goods, as well as the fact that he purchased the goods from the seller.

10. The seller is obliged to confirm in writing to the buyer the moment when the buyer exercised his right arising from liability for defects, the content of the complaint and the method of handling the complaint requested by the buyer; and a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejection of the complaint.

11. The seller decides on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of goods necessary for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. After this period, the buyer has the same rights as if it were a non-removable defect.

VIII. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

2. The risk of accidental destruction and accidental deterioration of the goods passes to the buyer at the same time as the transfer of ownership.

3. The buyer acknowledges that the software and other components that make up the web interface of the store (including photos of the offered products) are protected by copyright. The buyer undertakes not to perform any activity that could allow him or third parties to interfere with or use the software or other components that make up the web interface of the store.

4. The buyer is not authorized to use mechanisms, software or other procedures when using the web interface of the store that could negatively affect the operation of the web interface of the store. The web interface of the store may only be used to the extent that it does not infringe the rights of other customers of the seller and that is in accordance with its purpose.

5. The seller is not bound by any code of conduct towards the buyer within the meaning of the provisions of §53a paragraph 1 of the Civil Code.

6. The buyer acknowledges that the seller is not responsible for errors caused by interventions of third parties on the website or resulting from the use of the website contrary to its purpose.

IX. DELIVERY
1. Unless otherwise agreed, all correspondence relating to the purchase contract must be delivered to the other party in writing, by e-mail, in person or by registered mail via a postal service provider (at the sender’s choice). It is delivered to the buyer at the e-mail address provided in their user account.

X. FINAL PROVISIONS

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, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers arising from generally binding legal regulations.

2. If a provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of a provision does not affect the validity of the other provisions. Amendments and additions to the purchase contract or the terms and conditions must be made in written form.

3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

4. Payment of the contractual penalty in accordance with the Contract or these terms and conditions does not affect the right to damages.

5. Seller’s contact details: delivery address WorldCZ s.r.o, Palouky 1368, 253 01 Hostivice, email address kontakt@worldcz.cz.

6. The terms and conditions apply to the extent and under the terms stated on the seller’s website on the day the order is sent. By sending the order, the buyer confirms to the seller that they have read these terms and conditions and that they accept them.

In Prague on 01.01.2020