I. Basic Provisions
- These General Conditions and Terms of Trade (hereinafter referred to as "GTT") are valid for purchases on the web shop www.clinitex.cz. These terms and conditions further define and clarify rights and obligations of the seller, i.e. CLINITEX s. r. o., with headquarters in Ostrava-Kunčičky, Vratimovská 672/42, Post Code 718 00, IN 268 69 551, registered in the Commercial Register kept by the Regional Court in Ostrava, section C, entry 50839; while delivery address is the same as the headquarters' address and electronic mail address is: firstname.lastname@example.org(hereinafter referred to as "the seller" or "operator of trade") and buyer (hereinafter referred to as "the buyer" or "the customer"), or if he/she might be considered as user pursuant to relevant provisions of the Civil Code, Act No. 89/2012 Coll. as amended, then also "the user"). If the contracting party is the user, mutual relations are, except for Act. No. 89/2012 Coll., Civil Code, as amended, also pursuant to Act No. 634/1992 Coll., Consumer Protection Act, as amended, and also to the GTT. All contractual relationships are concluded in accordance with the laws of the Czech Republic.
- If the purchase contract is concluded through the online shop www.clinitex.cz between the seller and the buyer, who is the legal or natural person, acting within the commercial or other business activities, or within the independent practice of the profession (hereinafter referred to as "the buyer-businessman"), their mutual relationships are pursuant to the relevant provisions of Act No. 89/2012 Coll., Civil Code, as amended, and adequately also to the GTT. However, in this case the buyer-businessman is not considered the user, therefore he has no rights granted exclusively to the user (i.e. especially the right to withdraw from the contract concluded through means of distant communication within 14 days succeeding the receipt of delivered goods based on such concluded contract).
- By sending the binding order, the buyer confirms that these GTT are integral part of the purchase contract concluded between him and the seller, as well as the fact, he is well acquainted with GTT that are clear, comprehensible and he agrees to abide by them. At that point the buyer also confirms to accept the price of ordered goods including possible shipping and transport costs and all terms and conditions as well as provisions as amended at the time of placing or sending the order. Any changes or modifications of GTT made after sending such order are considered ineffective for the relevant relation between the buyer and the seller. The seller is not bound to the buyer by any codes of conduct pursuant to provisions of § 1826 par 1 letter e) of the Civil Code.
- These GTT are presented on web pages of www.clinitex.cz on-line shop, therefore the buyer can archive and copy these. GTT are valid to the extent and version stated on the web pages of the seller to the date of sending electronic order by the buyer. By sending the electronic order the buyer confirms to the seller, that he is acquainted with the GTT and agrees with them. The buyer is adequately notified about the GTT before placing the order and he has opportunity to acquaint himself with. In the purchase contract provisions derogating from GTT can be agreed upon. Such derogating provisions take precedence over provisions stated in GTT.
II. Protection of Personal Data
- Access to www.clinitex.cz may be subject to providing certain personal data of the buyer. In this case the seller will use the data in accordance with Act No. 101/2000 Coll., on the Protection of Personal data, as amended. Such personal data will be fully secured against misuse. The data will be stored and shall not be shared on applications of the third parties.
- The seller may use provided personal data of the buyer beyond processing necessary for concluding and executing the contract only under conditions specified below. The buyer acknowledges that e-mail address stated by him in relation to purchase of product or service may be used for sending commercials of CLINITEX s. r. o. in accordance with Act. No. 480/2004 Coll., as amended, with the offer of similar products or services. If the addressee does not wish to receive these commercials, he can disapprove sending these by clicking at relevant place in the commercial or by sending e-mail with disapproval to email@example.com.
- The seller may appoint a third party, so-called processor, to process the above stated personal data. By this the seller informs the buyer and provides him with express letter of rights following the Act no. 101/2000 Coll., on Protection of Personal Data. I. e., especially information that providing personal data to the seller is voluntary, that the buyer is entitled to have access to these, to modify its data, to block incorrect data, to delete these, as well as he is entitled to withhold above stated consent in written form any time at the address of the seller and in case of infringements of such rights to contact Office for Personal Data Protection and require adequate remedy. If the buyer wishes to modify his personal data that are being processed by the seller, he may ask to do so at firstname.lastname@example.org or at the above stated office address.
III. Placing Orders and Conclusion of Contract
- The on-line order is valid provided that all required data as well as all particulars in the order form are filled in. Before the buyer confirms the order, he is entitled to review the order, check the entered data eventually modify them. If the buyer is interested to modify any item or data, it is possible to do it through appropriate button by which he can return to previous step. If the buyer agrees with the order, he confirms to agree with GTT and clicks to "complete order" and sends the order for further processing. By sending the order it becomes binding.
- The seller informs the buyer about accepting the order by sending the e-mail with buyer's order acceptation (hereinafter referred to as "acceptation") to the e-mail address stated by the buyer in the order. Automatically generated message that the order of the buyer was delivered to the seller is not considered a binding order acceptation.
- Before delivering the subject of the order, the seller is entitled to check identification data of the buyer to be certain to deliver ordered goods properly. By placing the order, the buyer accepts the GTT, price of the ordered goods, incl. shipping and transport costs valid at the time of placing and sending order. The order becomes a draft of the purchase contract (and the subject of sale is made by the goods placed in the shopping cart), and the actual purchase contract is concluded by e-mail acceptation of the order by the seller to the buyer. Since then mutual rights and obligations between the buyer and the seller comes to effect, these are defined by the purchase contract and these GTT, that make integral part of the purchase contract.
- The buyer agrees to use means of distant communication when concluding the purchase contract. Costs incurred to the buyer when using means of distant communication in relation to concluding purchase contract (such as costs for internet connection, costs for phone calls) are covered by the buyer himself, costs for using electronic means are pursuant to the contract between the buyer and internet provider, eventually provider of electronic communication services. The seller is always entitled to require authorisation (another confirmation) of the buyer in appropriate form, e.g. in written or by phone, depending on the nature of the order – quantity of goods, price, non-standard sizes, custom production, costs for transport, distance etc. The order is considered invalid and the contract is cancelled, if the buyer refuses to provide authorisation (another confirmation), as required. The buyer will be notified by the seller about such case in the acceptance of order.
- The seller reserves the right not to accept the order of the buyer in case of obvious error related to the price, description or picture of the product in the catalogue of products placed on the web page of the seller at any stage of order processing. The buyer will be informed about non-acceptance of the order due to obvious error by phone call or e-mail.
- The contract is concluded in Czech language. The concluded purchase contract is archived by the seller in the electronic form for the purpose of its successful fulfilment for the period of 5 years and it is not available for third parties. Information on particular technical steps leading to conclude the contract, are obvious from these conditions and terms of trade.
IV. Price and Payment
- Prices stated on web pages www.clinitex.cz are final and valid until eventual changes are made, and these are stated including VAT at the statutory rate. The seller reserves right to change prices, even without prior written or other notice. If the order consists of more than 25 % of pieces of special size clothing, total price of the order will be increased by 25 %.
- Costs for transport, the amount of which might vary according to concrete order (depending on the way of chosen transport), are added in the order form. After completion of the order form, final calculated price includes transport costs. The price at the time of concluding the contract between the seller and the buyer is valid as it is ordered by the buyer. This price is stated in the order as well as acceptation of the order.
- In case of ordering exclusive, special goods, sewn to custom, there is issued proforma invoice in the amount of 50 % out of selling price of the goods for the buyer. The buyer will be informed about this fact prior to order acceptation. If the buyer orders goods requiring further special treatment, the seller issues proforma invoice amounting up to 100 % of the selling price of the goods. The advance payment for exclusive and special order is non-refundable in full amount.
- Before placing the order the buyer has a possibility to get acquainted with the fact on how long the offer or the price remains valid. Invoice issued on basis of the purchase contract between the seller and the buyer serves as a tax receipt and delivery note. The buyer can receive the goods only after full payment, if not agreed otherwise.
- If the buyer makes payment and subsequently the seller is not able to deliver ordered goods, the seller returns it to the buyer without any necessary delay, as agreed upon. Period for reimbursement of such funds depends on the way of its return (bank transfer, postal transfer), however, it may not exceed 14 days succeeding the day of impossibility to deliver the goods.
- The buyer–businessman registered by the seller as a stable business partner, may agree upon different due date payment with the seller. In case of delay in purchase price payment or its part, by the buyer-businessman, and in case that goods is delivered before full payment of the purchase price, the buyer-businessman is obliged to pay default interest amounting 0.035 % of the due amount for each day of such delay.
- The day of payment is the day when the amount is credited to the account of the seller.
- If the buyer is in delay of part of the purchase price, the seller is entitled to:
- require advance payment in case of further deliveries, or cash on delivery require full payment of the purchase price (to cover provided discount) stop all further deliveries until full payment of all debts is settled withdraw from the contract
V. Delivery of Goods
- Delivery period for goods that are to be paid on delivery, i.e. C.O.D, starts the day of valid concluding of purchase contract under the GTT, i.e. succeeding sending acceptation from the seller. If the buyer chose another option of payment than on delivery, e.g. transfer from account to account, the delivery period starts up upon complete payment of the purchase price, i.e. crediting the amount to sellers account. Concrete delivery periods for each particular type of goods are stated in the catalogue of goods by each type of goods, whereas only working days are counted. If the goods cannot be delivered within the stated period, the seller shall inform the buyer about it without any delay and provide him with information on alternative delivery dates, or offer comparable product with the original one. However, in this case the seller needs consent of the buyer to do so. If the buyer does not agree with the change, he is entitled to withdraw from the contract.
- Place of delivery of goods is the address stated by the buyer in registration form. Goods is delivered from Monday to Friday, 8:00 do 17:00, or under the rules stated by the forwarders. The seller reserves the right to withdraw from the contract if the goods cannot be delivered to the buyer by three delivery attempts. In this case eventual payments made to cover the purchase price will be returned to the buyer without any delay.
- Overview of possible payments for goods and their prices:
- C.O.D. (cash payment to the forwarder's driver on delivery of goods, including fee set for C.O.D.)
- Bank transfer from account to account based on proforma invoice.
- The buyer, who is not a user, is obliged to take over the goods from the forwarder properly, check integrity of the packaging, number of packages and in case of any defects inform the forwarder about it immediately. In case of breach of integrity of the package from which it is evident that there was an intrusion of the package, as well as in cases stated above, we recommend not to accept such delivery. By signing the delivery note the buyer confirms that the consignment met all conditions and particulars stated above and therefore later complaints about integrity of the packaging will not be taken into account. The invoice serves also as a tax document and it is enclosed in the indicated package. We recommend the same procedure to the buyer, who is a user, to avoid conflicts about the time when defect on goods incurred. To the user derogating these recommendations any harm to his rights may emerge, especially the right to file a complaint. If the buyer refuses to accept the goods without a good reason, the goods are considered to be accepted the day of delivery that was to be ensured.
- The buyer acquires property rights to the goods, as soon as the goods is delivered, if the complete price of the goods is covered. In other cases the buyer acquires the property rights to the goods only on complete payment of the purchase price.
- The seller provides warranty for sold goods in accordance with generally binding regulations or for the period stated in warranty certificate, however it is not shorter than statutory warranty period. If it is not presented in the catalogue, on web pages www.clinitex.cz, or in the enclosed warranty certificate otherwise for specific product, the warranty period valid for products of all brands is 24 months for end users, for the other buyers this period is stated in the catalogue, on web pages www.clinitex.cz or in the enclosed warranty certificate. Warranty period starts the day when the buyer takes over the goods, or it might be extended by the period the goods is in the warranty repair. In case of replacement of goods for the new one within the warranty period, the new warranty period starts.
- The warranty covers manufacturing defects of products or other defects that were not caused by improper or careless handling, using product contrary to the purpose of the product or operating instructions, mechanical damage or natural disasters. The warranty does not cover the goods used contrary to the instructions of the seller. Also, the warranty does not cover the goods that was disrupted, damaged or its parts were damaged. The warranty does not cover defects of goods caused by the use contrary instructions/guidance related to. The warranty also does not cover the defects of goods caused by improper storage. The warranty does not cover defected sizes caused by the wrong sizes stated in the measuring sheet.
- To exercise the right on liability for defects of goods, it is necessary to fill in the claim sheet, in which the buyer states how he wishes to settle the claim within possibilities given by law. The claimed product has to be handed over with filled in complaint record that will be sent by e-mail on request. The rights on liability for defects of goods can also be exercised personally in the headquarters of the seller, or the buyer can contact client centre of the seller on the phone no.: +420 603273708. The operator will provide the buyer with advice on how to proceed the claim. The buyer takes into consideration that phone calls to customer services may be recorded to improve the quality of provided services, to protect the rights of participants of customer relationship. By sending the order, the buyer expresses his consent with recording the phone calls.
- When claiming the product, it is always necessary to prove that purchase contract was concluded, the best way is to provide a proof of purchase, i.e. invoice, and describe defect of the product in detail. If the defect does not occur permanently, it is necessary to state clear conditions under which it occurs. Claimed goods has to be complete, i.e. including all guides, other accessories etc. and if possible, packed in its original packaging. In case of not presenting the warranty certificate (invoice), or in case of doubts of the seller that the data could be manipulated, the seller can reject the claim. The beginning of the warranty period will be determined according to the evidence of the seller (confirmed delivery note). Prior to sending the goods to complaint, we are recommending to consult the defect first.
- Conditions for granting warranty and claim are governed by the complaints procedure, as amended, that is placed on the web of the seller - www.clinitex.cz.
VII. Return of goods
- The buyer takes into consideration that under provision of § 1837 of the Civil Code, among other things he cannot withdraw from the contract on delivery of goods that was modified upon request of the buyer or for his person.
- Unless it is the case stated in par 1, Article VII., or other case, when the buyer can not withdraw from the contract of purchase, in accordance with provisions of § 1829 par 1, Act No. 89/2012 Coll., Civil Code, as amended, the buyer has right to withdraw from the contract within 14 days. This period starts at the date of conclusion of the contract if it is:
- contract of purchase, starting the day the goods is taken over,
- contract, whereby the subject is made of several types of goods, or delivery of several parts, starting the day the last delivery was taken over, or
- contract, whereby the subject is regular and repeated delivery of goods, the day of taking over the first delivery of goods.
- The seller notes that the right to withdraw from a contract in accordance with provision of § 1829 par 1 Act No. 89/2012 Coll., Civil Code, as amended, does not serve as a way of solving delivery of goods with defects. Such withdrawal has to be made this way: The buyer sends notification on withdrawal to the seller by the end of 14 day period, the best way to do so is to send it by e-mail to email@example.com or in written to: CLINITEX s.r.o., Vratimovská 672/42, 718 00, Ostrava so that is was verifiable, there should be: order number as well as data stated in the contract of purchase. To speed up the process of returning the purchase price, the seller recommends to return goods without any necessary delay succeeding sending the notification on withdrawal either by physical returning of goods to the place of expedition, where the goods was handed over to the buyer, or by sending to the address of the seller (goods shipped by C. O. D. will not be accepted by the seller). The seller points out that in case of withdrawal from the contract the buyer must return the goods within 14 days succeeding such withdrawal as latest.
- If the user uses the right to withdraw from the contract in accordance with provision of § 1829 par 1 Act. No. 89/2012 Coll., Civil Code, as amended, the goods has to be returned undamaged, with no signs of wear, and if possible, in the original packing. Returned goods has to be complete, including all accessories and all papers, such as warranty certificates and guides, incl. other possible extras in relation to purchased goods. In case of withdrawal from the contract it is valid that all costs related to the delivery of goods to the seller are to be borne by the buyer. In order to improve quality of our services we would like to kindly ask you to state reasons for returning the goods. However, this information is not compulsory (not required by the Act.), it has no influence on validity of the withdrawal and its only purpose it to improve the quality of our services.
- The seller points out that in case of withdrawal from the contract, the buyer, who is the user of the goods, shall bear cots related to returning the goods and, if the contract was concluded through means of distant communication, the costs for returning goods, if the goods cannot be sent by regular postal services due to the nature of the goods.
- The seller points out that in accordance with provision of § 1837 Act No. 89/2012 Coll., Civil Code, as amended, the user may not withdraw from the contract
- on providing services, if these were fulfilled with his prior express consent before the deadline for withdrawal from the contract and businessman informed the user before concluding the contract that in this case he has no right to withdraw from the contract;
- on delivery of goods or services the price of which depends on deflections on financial market irrespective of the businessman's will and due to which withdrawal from the contract within the period may occur;
- on delivery of alcoholic beverages that can be delivered after expiry of 30 days and the price of which depends on deflections on financial markets irrespective of the businessman's will;
- on delivery of goods that was modified on wishes of the user or for his person;
- on delivery of quickly perishable goods as well as goods that was irrevocably mixed with other goods after delivery;
- on repair or maintenance performed at the location specified by the user upon his request; however, it does not apply to cases of subsequent other than required repairs or delivery of other than required spare parts;
- on delivery of goods in the sealed packaging the user removed and for hygienic reasons it cannot be returned;
- on delivery of audio or video recording, or computer program, if the original packaging was disrupted;
- on delivery of newspapers, periodicals or magazines;
- on accommodation, transport, boarding or leisure time activities, if the businessman provides it for certain dates;
- concluded by public auction in accordance with the sales by Public Auction Act;
- on delivery of digital content, if not delivered on tangible means and was delivered with the prior express consent of the user before deadline for withdrawal from the contract and a businessman informed the user before concluding the contract that in this case he has no right to withdraw from the contract.
- If conditions for withdrawal from the contract or for proper return of the goods are breached, the seller is entitled to enforce compensation for impairment of returned goods, if such impairment is caused due to damage of delivered goods or non-delivery of goods in a complete state. Possible compensation does not affect the right of the buyer (the user) to withdraw from the contract without any penalty. The seller reserves right to include such compensation for impairment of goods in returned purchase price, however, he is obliged to prove its amount. The seller recommends the buyer to pack the goods returned so that it was properly protected from deterioration during transport. As soon as the seller receives the returned goods, he is obliged to check and test it within 14 days as latest. If the goods returned is not damaged or subject to wear, the seller sends information to the buyer without any delay, within 14 days succeeding withdrawal from the contract, that the goods was returned all right and within the same period returns the purchase price to the buyer as well as costs related to delivery of goods purchased through e-shop (transport, packaging etc.), upon request of the buyer either by sending money to the buyer's address, or by bank transfer to the buyer's account (upon withdrawal from the contract the buyer states the way he wishes to receive return of the purchase price).
VIII. Instructions for Users
- The seller hereby provides the user with instructions that in order to solve possible complaints, he can turn to non-judicial supervisory authorities or state supervision, especially to the Czech Trade Inspection.
- In case of withdrawal from the contract the user is responsible solely for impairment of goods occurred due to handling with the goods otherwise than necessary with respect to its nature and characteristics.
- The seller repeatedly informs the buyer about the fact that in accordance with provision of § 1820 par 1 letter f) Act No. 89/2012 Coll., Civil Code, as amended, he is entitled to withdraw from the contract, while standard form for withdrawal from the contract, whose requisites are set by Government Regulation no. 363/2013 Sb., is enclosed and makes integral part of this GTT.
IX. Final Provisions
- These GTT of CLINITEX s.r.o. come into force on 15. 6. 2015 and shall be valid until the new General Conditions and Terms of Trade are issued.