Terms and conditions

INTRODUCTORY PROVISIONS
These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the legal entity Ekomáma s.r.o., with its registered office at Na Slanici 444, 763 02 Zlín, identification number: 09593845, VAT number: CZ09593845, (hereinafter referred to as the “Seller”) regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another 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 www.stibio.cz, via a web interface (hereinafter referred to as the “Web Interface of the Store”).

1.2. The Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Seller’s website located at www.stibio.cz (hereinafter referred to as the “Website”) and other related legal relationships. 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 scope of his business activities. In this case, the Buyer is obliged to conclude a framework purchase agreement with the Seller.

1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the purchase agreement in accordance with the provisions of Section 1751 of the Civil Code. Deviating provisions in the purchase agreement take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the Terms and Conditions are an integral part of the purchase agreement. The Purchase Agreement and the 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 amend or supplement the wording of the Terms and Conditions in accordance with Section 1752 of the Civil Code. This provision does not affect the rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.

3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The web interface of the store contains a list of goods offered for sale by the seller, including the prices of individual goods offered. The prices of the goods offered are listed including value added tax and all related fees (with the exception of transport and packaging fees, see Articles 3.2 and 4.2). The offer to sell goods and the prices of these goods remain valid for the period when 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. The seller stipulates that the goods displayed in his e-shop are only an invitation to submit an offer. The offer is submitted by the buyer by sending an order, see Article 3. 6.

3.2. The web interface of the store also contains information on the costs associated with packaging and delivery of goods. The information on the costs associated with packaging and delivery of goods specified in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

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

3.3.1. the ordered goods (the buyer “inserts” the ordered goods into the electronic shopping cart of the web interface of the store),

3.3.2. the method of payment for the purchase price of the goods, information about the required method of delivery of the ordered goods and

3.3.3. information about the costs associated with the delivery of the 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 that the buyer has entered into the order, including with regard to the buyer’s ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the “Send order” button. The data specified in the order are considered correct by the seller. The Seller shall immediately upon receipt of the order confirm 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").

3.5. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).

3.6. The contractual relationship between the Seller and the Buyer arises upon delivery of the order acceptance (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.

3.7. The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, especially with persons who have previously materially breached their obligations to the Seller.

3.8. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The Buyer shall bear the costs incurred by the Buyer when using distance communication means in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls).

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the Seller in the following ways:

- in cash on delivery at the place specified by the Buyer in the order;

- by non-cash online bank transfer via the ComGate, a.s. payment system;

- by non-cash transfer to the Seller's account No. 4242242/5500, maintained at Raiffeisen Bank (hereinafter referred to as the "Seller's account").

4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.

4.3. In the case of payment in cash or in the case of 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 fourteen days of the conclusion of the purchase contract.

4.4. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of 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 the relevant amount is credited to the seller's account.

4.5. The seller is entitled, in particular if the buyer does not provide additional confirmation of the order (Article 3.5), to demand payment of the entire purchase price before the goods are sent to the buyer.

4.6. Any discounts on the price of the goods provided by the seller to the buyer cannot be combined with each other.

4.7. If it is customary in business or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that, pursuant to the provisions of Section 1837 of Act No. 89/2012 Coll., 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, as well as goods that are subject to rapid deterioration, wear and tear or obsolescence, from the purchase contract for the delivery of audio and video recordings and computer programs, if the consumer has broken their original packaging, and from the purchase contract for the delivery of newspapers, periodicals and magazines.

5.2. Unless the case referred to in Article 5.1 or another case where withdrawal from the purchase contract is not possible, the Buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, 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. The buyer can send the withdrawal from the purchase contract, among others, to the address of the seller's premises (Ekomáma s.r.o., Na Slanici 444, 763 02 Zlín) or to the seller's e-mail address eshop@stibio.cz.

5.3. In the event of withdrawal from the contract according to Article 5.2 of the Terms and Conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within ten working days from sending the withdrawal from the contract to the seller. The goods must be returned to the seller undamaged and unworn and, if possible, in the original packaging.

5.4. Within fifteen (15) days from the return of the goods by the buyer according to Article 5.3 of the Terms and Conditions, the Seller is entitled to inspect the returned goods, in particular to determine whether the returned goods are damaged, worn or partially consumed.

5.5. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the performance provided by the Buyer to the Buyer within ten (10) days of the end of the period for examining the goods pursuant to Article 5.4 of the Terms and Conditions, but no later than thirty (30) days of delivery of the withdrawal from the purchase contract to the Buyer, by bank transfer to the account designated by the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon return of the goods to the Buyer.

5.6. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller shall be entitled to compensation for the damage incurred by the Buyer. The seller is entitled to unilaterally offset the claim for compensation for the damage incurred against the buyer's claim for a refund of the purchase price.

5.7. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, in cashless form to the account specified by the buyer.

6. TRANSPORT AND DELIVERY OF GOODS

6.1. The method of delivery of the goods is determined by the seller, unless otherwise stipulated in the purchase contract. If the method of transport is agreed upon based on the buyer's request, the buyer bears the risk and any additional costs associated with this method of transport.

6.2. If the seller is obliged 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 over the goods upon delivery, the seller is entitled to withdraw from the purchase contract.

6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

6.4. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier. By signing the delivery note, the buyer confirms that the packaging of the shipment containing the goods was intact.

6.5. Additional rights and obligations of the parties during the transport of the goods may be regulated by the seller's special delivery conditions, if issued by the seller.

7. LIABILITY FOR DEFECTS, WARRANTY
7.1. The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the relevant generally binding regulations (in particular the provisions of Section 2099 et seq. and Section 2165 et seq. of the Civil Code).

7.2. The seller is liable to the buyer for the fact that the item sold is in conformity with the purchase contract, in particular that it is free of defects. Conformity with the purchase contract means that the item sold has the quality and utility properties required by the contract, described by the seller, the manufacturer or its representative, or expected on the basis of advertising carried out by them, or the quality and utility properties usual for an item of this type, that it complies with the requirements of legal regulations, is in the appropriate quantity, measure or weight and corresponds to the purpose that the seller states for the use of the item or for which the item is usually used.

7.3. If the item is not in accordance with the purchase contract upon receipt by the buyer (hereinafter referred to as the “non-conformity with the purchase contract”), the buyer has the right to have the seller bring the item into a condition consistent with the purchase contract free of charge and without undue delay, at the buyer’s request, either by replacing the item or 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. This does not apply if the buyer knew about the non-conformity with the purchase contract before receipt of the item or caused the non-conformity with the purchase contract himself. A non-conformity with the purchase contract that becomes apparent within six (6) months from the date of receipt of the item is considered to be a non-conformity that already existed upon receipt of the item, unless this is contrary to the nature of the item or unless the contrary is proven.

7.4. Unless the goods are perishable or used, the seller is liable for defects that appear as a contradiction with the purchase contract after taking over the goods during the warranty period (warranty).

7.5. 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 the address of his business Halenkovice 738, 763 63 Halenkovice. The moment of claiming the claim is considered the moment when the seller received the claimed goods from the buyer.

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. The buyer acknowledges that the software and other components forming the web interface of the store (including photographs of the offered goods) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components forming the web interface of the store without authorization.

8.3. When using the web interface of the store, the Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on 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 prejudice the rights of other customers of the Seller and that is in accordance with its purpose.

8.4. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826a, paragraph 1, letter e) of the Civil Code.

8.5. The Buyer acknowledges that the Seller is not liable for errors arising as a result of third party interference with the website or as a result of using the website contrary to its purpose.

 

9. PROTECTION OF PERSONAL DATA AND SENDING OF COMMERCIAL COMMUNICATIONS
9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

9.2. The buyer agrees to the processing of the following personal data: name and surname, address of residence, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "personal data").

9.3. The buyer agrees to the processing of personal data by the seller for the purposes of exercising rights and obligations under the purchase contract, for the purposes of maintaining a user account and for the purposes of sending information and commercial communications to the buyer.

9.4. The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.

9.5. The Seller may authorize a third party, as a processor, to process the Buyer's personal data. Apart from persons transporting the goods, personal data will not be transferred to third parties by the Seller without the Buyer's prior consent.

9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. The Buyer confirms that the personal data provided are accurate and that he has been informed that the provision of personal data is voluntary.

9.8. If the buyer believes that the seller or the processor (Article 9.5) is processing his personal data in a way that is contrary to the protection of the buyer's private and personal life or in a way that is contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, he may:

9.8.1. ask the seller or the processor for an explanation,

9.8.2. demand that the seller or the processor eliminate the situation that has arisen in this way. In particular, this may involve blocking, correcting, supplementing or destroying personal data. If the buyer's request is found to be justified according to the previous sentence, the seller or the processor shall immediately eliminate the problematic situation. If the seller or the processor does not comply with the request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the buyer's right to contact the Office for Personal Data Protection directly with his initiative.

9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to demand reasonable compensation for the provision of information pursuant to the previous sentence, not exceeding the costs necessary to provide the information.

10. SENDING COMMERCIAL MESSAGES AND STORAGE OF COOKIES
10.1. The buyer agrees to the sending of information related to the goods, services or the seller's business to the buyer's electronic address and further agrees to the sending of commercial messages by the seller to the buyer's electronic address.

10.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract can be fulfilled without the storage of so-called cookies on the buyer's computer, the buyer may revoke the consent pursuant to the previous sentence at any time.

11. DELIVERY
11.1. Unless otherwise agreed, all correspondence related 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). The Buyer is delivered to the e-mail address specified in his user account.

12. FINAL PROVISIONS
12.1. 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 does not affect the rights of the consumer arising from generally binding legal regulations.

12.2. The Seller is authorized to sell goods on the basis of a trade license and the Seller's activities are not subject to any other authorization. Trade license control is carried out within the scope of its competence by the relevant trade license office.

12.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the purchase contract or terms and conditions shall be in writing.

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

12.5. Seller's contact details: delivery address: Ekomáma s.r.o., Na Slanici 444, 763 02 Zlín, e-mail address: eshop@stibio.cz,
telephone: 607 909 676.

In Zlín, 24.10.2020