TERMS AND CONDITIONS
1. INTRODUCTORY PROVISIONS
These terms and conditions of the business company / entrepreneur: Richard Synčák, Šumice 35, 687 31, ID: 03123588, VAT: CZ7403244596 (hereinafter referred to as “seller / entrepreneur”) regulate the mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract concluded between the seller and the buyer through the seller’s online store. The online shop is operated by the Seller on the Internet at www.humanrelax.com.
If the buyer is a final consumer who does not act within the scope of his/her trade or other business activity when concluding and performing the purchase contract, the relations not regulated by the terms and conditions are governed by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.) as amended.
The provisions of the terms and conditions are an integral part of the purchase contract, and by sending the order the buyer agrees to these terms and conditions.
2. CONCLUSION OF THE PURCHASE CONTRACT
Information about the individual technical steps leading to the conclusion of the contract is visible from the ordering process in the Seller’s online store and the Buyer has the opportunity to check and, if necessary, correct the order before it is sent. After entering all contact details, selecting the desired method of transport and payment and entering the desired product into the so-called. cart the buyer sends/confirms the order. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by electronic mail to the Buyer’s electronic mail address specified in the user interface or in the order.
By sending the order the buyer concludes the purchase contract. From that moment, mutual rights and obligations arise between the buyer and the seller. The validity of an order placed electronically requires the proper completion of all data and details prescribed by the form.
The buyer agrees to the use of remote communication means in concluding the purchase contract. Costs incurred by the buyer when using remote means of 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.
The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible. The purchase contract can be concluded in Czech. The Seller is not bound to any codes of conduct in relation to the Buyer within the meaning of the Civil Code. In the event that the consumer is deprived of his/her rights arising from the conclusion of the contract, he/she has the right to contact the relevant supervisory authorities (Czech Trade Inspection Authority, Trade Licensing Authority, Office for Personal Data Protection, Financial Authority, etc.). Relationships and any disputes arising under the contract shall be governed exclusively by the law of the Czech Republic and shall be resolved by the competent courts of the Czech Republic
3. DELIVERY COSTS AND METHOD OF PAYMENT
Method of payment
The buyer can pay the price of the goods according to the purchase contract to the seller in several ways, which are specified during the order after the goods are placed in the so-called. basket.
- If the goods are delivered on delivery, payment will be made in cash on receipt of the goods from the carrier.
- Payment on account in CZK or Euro, in this case the goods are sent after the payment is credited to the seller’s account
- Online payment gateway. The payment gateway is provided by ComGate Payments, a.s., Gočárova třída 1754 / 48b, Hradec Králové, E-mail: platby-podpora@comgate.cz, Tel: +420 228 224 267,
Cost of delivery
- The price of postage for delivery within the Czech Republic and Slovakia is 150 CZK for purchases up to 2500 CZK.
- The cost of postage within the Czech Republic and Slovakia for purchases over CZK 2500 is covered by the seller.
- For purchases from abroad, delivery is possible to selected EU countries, payment is always in advance to a bank account or online payment gateway. You can find out the price of shipping to EU countries at the checkout after selecting the destination country or in the basket by clicking “Calculate postage”.
If the Buyer does not take delivery of the goods, the Buyer will be overcharged for the extra costs incurred by the redelivery.
4. WITHDRAWAL FROM THE PURCHASE CONTRACT – LEGAL NOTICE
If it is not a case where the purchase contract cannot be withdrawn from, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Section 1829 of the Civil Code. If the consumer withdraws from the contract, he shall send or hand over to the trader the goods he has received from him without undue delay, but no later than 14 days after the withdrawal. The buyer shall send the withdrawal from the purchase contract to the seller’s e-mail address or in written form attached to the shipped goods and sent to the seller’s address. Goods sent by cash on delivery will not be accepted.
In the event of withdrawal from the contract, the purchase contract is cancelled from the outset.
In the event of withdrawal from the contract, the seller shall return to the consumer without undue delay, and no later than 14 days after withdrawal from the contract, all monies, including delivery costs, received from the consumer under the contract. The amount will be refunded by the seller either by crediting the account specified by the consumer.
The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller is entitled to compensation for damages incurred by the Buyer.
The buyer bears the costs of returning the goods to the seller.
The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, the Buyer is not obliged to pay the price. Code, it is not possible to withdraw from a purchase contract within 14 days for certain defined reasons. However, these reasons do not apply to our products.
5. WARRANTY AND COMPLAINT POLICY
Complaint procedure
The buyer has the right to assert liability for defects within 24 months of receipt of the goods.
Upon receipt of 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. In the event of a breach of packaging indicating that the shipment has been tampered with, the buyer may not accept the shipment from the carrier.
If the buyer discovers defects upon receipt of the goods, he must notify the seller without undue delay.
The Seller can be contacted by phone (tel. +420 608 803 253), by e-mail (flow@humanrelax.com) or in writing at the address on the invoice. The buyer must prove the conclusion of the purchase contract, e.g. invoice or sales receipt.
The complaint notice must include the date of delivery of the goods, the quantity complained of, a description of the defect and a proposal for the settlement of the complaint. Complaints will be settled within 30 days of the complaint being made.
Warranty conditions – generally according to the law
The rights and obligations of the contracting parties with regard to 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 § 2095 – § 2117 and § 2165 – § 2174 of the Civil Code). These are specified in detail below:
Rights from defective performance
The buyer is entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt. If the period of time for which the item may be used is indicated on the item sold, on its packaging, in the instructions accompanying the item or in the advertisement, in accordance with other legislation, the provisions on the guarantee of quality apply (see guarantee of quality). If the Buyer so requests, the Seller shall confirm to the Buyer in writing (hereinafter referred to as the confirmation) to what extent and for how long his obligations in the event of defective performance shall continue. The seller has obligations from defective performance at least to the extent that the manufacturer’s obligations from defective performance continue.
The right of defect cannot be exercised in the following cases:
a) in the case of an item sold for a lower price, the defect for which the lower price was agreed,
(b) the wear and tear caused by the normal use of the item,
(c) in the case of a used item, a defect corresponding to the degree of use or wear and tear the item had when it was taken over by the buyer; or
(d) where the nature of the case so requires.
The Seller declares that he delivers the goods to the Buyer in accordance with the provisions of § 2161 of the Civil Code, i.e.:
the goods have the characteristics agreed between the buyer and the seller or, in the absence of an agreement, those characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
the goods are fit for the purpose for which the seller states they are to be used or for which the item is usually used,
the goods are the goods in the appropriate quantity, measure or weight; and
the goods meet the requirements of the legislation.
If the item does not have the aforementioned characteristics, the buyer may also demand the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to have the defect removed free of charge. The buyer has the right to delivery of a new item or replacement of a part even in the case of a removable defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot deliver a new item without defects, replace a part of the item or repair the item, as well as if the seller fails to remedy the defect within a reasonable time or if the remedy would cause significant difficulties for the consumer.
The right of defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing has a defect or if the buyer himself caused the defect. If the item has a defect which the seller is obliged to compensate for, and if the item is sold at a lower price or is a used item, the buyer has the right to a reasonable discount instead of the right to exchange the item. The rights arising from the defect are exercised with the seller from whom the item was purchased. If, however, the confirmation specifies another person designated for repair who is at the Seller’s location or at a location closer to the Buyer, the Buyer shall exercise the right to repair with the person designated to carry out the repair. The person so designated to carry out the repair shall carry out the repair within the time limit agreed between the seller and the buyer at the time of purchase. This also applies to the notification of a defect covered by the guarantee (see quality guarantee below).
A thing is defective if it is not delivered in the agreed quantity, quality and workmanship or in a quality and workmanship suitable for the purpose evident from the contract; otherwise for the usual purpose. The performance of another thing is also considered a defect. Defects in the documents necessary for the use of the item are also considered a defect.
The buyer’s right from defective performance is based on the defect that the thing has when the risk of damage passes to the buyer, even if it appears later. The buyer’s right is also established by a defect that arises later and that the seller has caused by a breach of his duty. The seller’s obligations under the quality guarantee are not affected.
The rights of the buyer from defective performance are not affected if the defect was caused by the use of the item that the buyer handed over to the seller. This does not apply if the seller proves that he/she warned the buyer of the unsuitability of the delivered item in time and the buyer insisted on its use, or if he/she proves that he/she could not have discovered the unsuitability of the delivered item even if he/she exercised sufficient care. The buyer has no rights under the defective performance if the defect is one which he should have known with the exercise of ordinary care at the conclusion of the contract. This does not apply if the seller has expressly assured him that the item is free of defects or if he has disguised the defect by deceit.
The buyer shall examine the item as soon as possible after the risk of damage to the item has passed and satisfy himself as to its characteristics and quantity.
If the defective performance is a material breach of contract, the buyer has the right to
a) to remove the defect by supplying a new item without defect or by supplying the missing item,
(b) to remedy the defect by repairing the item,
(c) a reasonable discount on the purchase price; or
(d) to withdraw from the contract.
The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The buyer cannot change the choice made without the seller’s consent; this does not apply if the buyer has requested the repair of a defect that proves to be irreparable. If the Seller fails to remove the defects within a reasonable period of time or if the Seller notifies the Buyer that it will not remove the defects, the Buyer may demand a reasonable discount on the purchase price instead of removing the defects or may withdraw from the contract. If the buyer fails to exercise his right in time, he shall have the rights under the following paragraph.
If the defective performance is an insignificant breach of contract, the buyer is entitled to have the defect removed or to a reasonable discount on the purchase price. As long as the buyer does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the seller may supply what is missing or remedy the legal defect. Other defects may be remedied at the seller’s option by repairing the item or by supplying a new item; the choice must not cause unreasonable costs to the buyer. If the seller does not remove the defect in time or refuses to remove the defect, the buyer may demand a discount on the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the seller’s consent.
The buyer cannot withdraw from the contract or demand delivery of a new item if he cannot return the item in the same condition as he received it. That’s not true,
a) if the change in condition is the result of an inspection to determine a defect in the item,
b) if the buyer used the item before the defect was discovered,
c) if the buyer has not caused the impossibility of returning the item in its unaltered condition by an act or omission, or
(d) if the buyer sold the thing before the defect was discovered, if he consumed it or if he altered the thing in its normal use; if this happened only in part, the buyer shall return to the seller what he can still return and shall compensate the seller to the extent to which he benefited from the use of the thing.
If the buyer has not notified the defect in time, he loses the right to withdraw from the contract.
Quality guarantee
By guaranteeing the quality, the seller undertakes that the item will be fit for its usual purpose or retain its usual characteristics for a certain period of time. The indication of the warranty period or the shelf life of the item on the packaging or in the advertisement also has these effects. A guarantee may also be provided for an individual part of the item. If the contract and the declaration of warranty specify different warranty periods, the longest of the two shall apply. The warranty period runs from the handover of the item to the buyer; if the item has been shipped under the contract, it runs from the arrival of the item at its destination. If the purchased item is to be put into operation by someone other than the seller, the warranty period starts from the date of putting the item into operation, provided that the buyer has ordered the commissioning within three weeks of taking over the item and has duly and timely provided the necessary cooperation to perform the service. The buyer is not entitled to the warranty if the defect was caused by an external event after the risk of damage to the item has passed to the buyer. This does not apply if the seller caused the defect.
Out-of-court settlement of consumer disputes
Dear Consumer, if you believe we have wronged you or failed to meet our obligations, please email us at rs@viahuman.cz
If we are unable to resolve the dispute directly, you also have the right to out-of-court resolution of the consumer dispute on the basis of Act No. 378/2015 amending Act No. 634/1992 Coll., on Consumer Protection.
The Czech Trade Inspection Authority or another entity authorized by the Ministry of Industry and Trade is the subject of the out-of-court settlement of consumer disputes between the trader and the consumer, see http://www.mpo.cz/dokument169867.html.
At the Czech Trade Inspection Authority, the consumer has the possibility to submit a proposal via an on-line form available on the website of the Czech Trade Inspection Authority: https://adr.coi.cz/cs.
The consumer may file a claim with the Czech Trade Inspection Authority or an authorised body within 1 year from the date on which he/she first exercised his/her right, which is the subject of the dispute, with the seller.
Consumers can also submit a claim through the EU’s out-of-court consumer dispute resolution platform, which is available online at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=CS. Only a consumer living in the EU can file a complaint against a trader based in the EU.
If the disputing parties are not satisfied with the quality of the out-of-court settlement of a consumer dispute and believe that the Rules for the Out-of-Court Settlement of Consumer Disputes have been violated during the proceedings, they may submit a complaint to the Ministry of Industry and Trade or to the email address adr@mpo.cz.
In the case of cross-border disputes, the European Consumer Centre Czech Republic helps consumers to access the competent out-of-court consumer dispute resolution body.
The costs of out-of-court settlement of consumer disputes are borne by the parties themselves.
6. DATA PROTECTION
The Seller declares that all personal data are confidential, will be used only for the performance of the contract with the Buyer and will not be disclosed, provided to a third party, etc., except in the case of distribution or payment related to the ordered goods (disclosure of name, account number and delivery address). The Seller shall act in such a way that the data subject does not suffer harm to his/her rights, in particular the right to preserve human dignity, and shall also take care to protect against unauthorized interference with the private and personal life of the data subject.Personal data that are voluntarily provided by the Buyer to the Seller for the purpose of fulfilling the order are collected, processed and stored in accordance with the applicable laws of the Czech Republic, in particular Act No. 101/2000 Coll., on the protection of personal data, as amended and in force. The buyer gives the seller his consent to the collection and processing of these personal data for the purpose of fulfilling the subject of the concluded purchase contract, until his written expression of disagreement with this processing sent to Richard Synčák,Šumice 35,68731.
As part of the complaints procedure, the following information is required from customers: name, surname, address, telephone number, e-mail and signature or digital signature. All personal data obtained in this way is processed solely for the purpose necessary for the settlement of the complaint and in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended and in force.
The validity of the conditions is from 1.4.2023
Biano Star
1. We use the Biano Star service provided by Biano s.r.o., 041 46 905, with registered office at Křižíkova 148/34, Karlín, 186 00 Prague 8, to obtain purchase ratings.
2. When processing personal data, we act as a data controller and the service provider as a processor.
3. In connection with the service, personal data is processed in the scope of the email address and telephone number you provide in the order, as well as in the scope of the IP address, information about the purchased goods, the order and the content of the rating that you yourself publish. Personal data is processed for the purpose of sending the form to obtain a rating, its analysis and the creation of statistics or summary ratings of the e-shop and the products offered. These statistics and aggregate ratings do not contain personal data.
4. Participation in the evaluation takes place in accordance with the legal provisions on the basis of the purchase made in the e-shop and at the same time on the basis of not refusing consent to the processing of personal data.
5. You can refuse the processing of your personal data at any time by using the relevant link provided in all related email communications. You can also object to the processing using our normal contact details. Any failure to grant a rating does not affect the ability to use our eshop in full.
6. If you refuse the processing of your personal data, it will no longer be processed except where there is another lawful reason for the processing (including to comply with legal obligations or to protect our legitimate interests).
7. Further information on the processing of personal data can be found at [odkaz na zásady zpracování osobních údajů ve službě].