Business terms and conditions
1. Address of the e-shop warehouse:
CTPark Prague North, Hall: D8.7B unit B, Úžice 341/2, 277 45 Úžice, Czech Republic
Company headquarters:
OLIMPEX trading s.r.o.
Hořická 149, 199 00 Prague 9, Czech RepublicATTENTION! There is NO e-shop warehouse at the address of the company headquarters!
ID number 26877252
VAT number CZ26877252The company is registered in the OR at the Municipal Court in Prague, section C, insert 396717
registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 396717, regulate in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract concluded between by the seller and another natural person through the seller's online store www.otxpharma.cz
Phone: 00420 608 725 165
Email: info@otxpharma.czBank account at UniCreditbank: 1387924826/2700 - more info see Contacts
2. Information
The information about the goods and the price stated by the seller are binding, except for an obvious error. Prices are presented inclusive of all taxes (e.g. VAT) and fees, excluding delivery costs.
Accepted currencies: CZK and EUR (EUR only for payments from abroad)
Information on accepted payment methods - payment by Cash on Delivery + payment by card online
Acceptance of an offer with an amendment or variation is not an acceptance of the offer.
Confirmation of the content of the contract concluded in a form other than in writing, which shows deviations from the actually agreed content of the contract, has no legal effects.
Acceptance of unsolicited performance by the buyer does not mean acceptance of the offer.3. Delivery of goods
The seller will deliver the goods to the buyer in full, no later than 15 days after the confirmation of the order, unless he specifies a different delivery period for individual goods. If the goods are listed as "in stock", the seller will ship the goods within two working days at the latest. The buyer is obliged to accept and pay for the goods. The buyer is advised to inspect the goods as soon as possible upon receipt.
The seller will send the documents for the goods, especially tax documents, confirmations and certificates, to the buyer immediately after taking over the goods, no later than two days after the consumer has taken over the goods.
Price and delivery method:
CZECH REPUBLIC:
Post office - delivery points (package max. up to 5 kg) - up to 1,500 CZK when paying in advance to the account - according to the current price list on the Payments page.
When ordering goods over 1500 CZK, shipping is free (Zásilkovna).Personal collection is NOT possible!
SLOVAK REPUBLIC:
Zásielkovňa SK - collection points:
Package up to 5 kg when paying in advance on account or cash on delivery: according to the current price list on the Payment page.
Delivery to the customer's address in SR
DPD - up to 1500 CZK when paying by Card online - according to the price list on the Payment page.
If the buyer does not take over the goods within the agreed time due to a breach of his duty, the seller is entitled to sell the goods in a suitable manner after notifying the buyer demonstrably by e-mail and giving him a new, reasonable period for taking over. The seller is entitled to set off against the buyer the costs of storage and the costs of the useless delivery of the goods due to the lack of cooperation on the part of the buyer in the absolutely necessary amount.
4. Cancellation of the order and withdrawal from the contract
The buyer can withdraw from the contract within 14 days of receiving the goods or the last part of the delivery, regardless of the method of receiving the goods or making the payment. The specified period is intended for the buyer to familiarize himself with the nature, properties and functionality of the goods to a reasonable extent.
The buyer is entitled to withdraw from the contract at any time before the delivery of the goods.
The withdrawal from the contract shall be sent or delivered by the buyer to the seller within 14 days. The buyer does not have to state the reason for withdrawing from the contract. In order to facilitate communication, it is advisable to indicate the date of purchase or the number of the contract/sales document, the bank details and the chosen method of return in the withdrawal.
The seller is obliged to return to the buyer an amount fully corresponding to the price of the goods and the costs paid for their delivery within 14 days of withdrawal from the contract, in the same way in which he received payment from the buyer. If the seller offers several options within a certain method of delivery of the goods, he is obliged to replace the cheapest of them to the buyer. Within the same period at the latest, the buyer is obliged to send or hand over the purchased goods to the seller. The goods should be returned to the seller (not cash on delivery) complete, preferably in the original packaging, and must not show signs of wear or damage. The cost of returning the goods is borne by the buyer.
If the returned goods are damaged due to a breach of the buyer's obligations, the seller is entitled to make a claim against the buyer for compensation by reducing the value of the goods and counting it against the returned amount.
Exceptions: The right to withdraw from the contract cannot be applied to contracts for the supply of digital content, if it was not delivered on a physical medium, or to contracts for the provision of services, in both cases on the condition that the fulfillment took place with the prior express consent of the buyer before the expiry of the deadline for withdrawal from the contract; furthermore, for contracts for the supply of services or goods, the price of which depends on fluctuations in the financial market, regardless of the will of the seller; for contracts for the supply of goods modified according to the wishes of the consumer or for his person and for contracts for goods that are subject to rapid deterioration, for goods that have been irretrievably mixed with other goods, or removed from a closed package and cannot be returned for hygienic reasons; for the delivery of audio or video recordings or computer programs, if the buyer has violated their original packaging; for the supply of newspapers, magazines or other periodicals or for contracts concluded on the basis of a public auction in accordance with the law governing public auctions.
5. Rights and obligations from defective performance
Quality upon receiptIf the received goods have deficiencies (e.g. do not have the agreed or legitimately expected properties, are not suitable for the usual or agreed purpose, are not complete, their quantity, measure, weight or quality do not correspond to other legal, contractual or even pre-contractual parameters), it is goods defects for which the seller is responsible.
The buyer can apply to the seller, no later than two years after taking over the goods, according to his request, the right to remove the defect free of charge or to a reasonable discount on the price; if it is not disproportionate to the nature of the defect (especially if the defect cannot be eliminated without undue delay), a demand for the delivery of a new item without defects or a new component without defects can be applied, if the defect concerns only this component.
If the repair or replacement of the goods is not possible, based on the withdrawal from the contract, the buyer can request a full refund of the purchase price.
The seller is not obliged to comply with the buyer's claim if he proves that the buyer knew about the defect in the goods before taking over or caused it himself.
In the case of sold used goods, the seller is not responsible for defects corresponding to the degree of previous use or wear. For items sold at a lower price, the seller is not responsible for the defect for which the lower price was negotiated. Instead of the right to exchange, the buyer has the right to a reasonable discount in these cases.
Legal rights from defects
The seller is responsible for defects arising after taking over the goods within the 24-month warranty period or during the period of use indicated in the advertisement, on the product packaging or in the attached instructions.
Within this period, the buyer can make a claim and, at his option, demand for a defect that constitutes a material breach of the contract (regardless of whether it is a removable or non-removable defect):• removing a defect by delivering a new item without a defect or by supplying a missing item;
• free removal of the defect by repair;
• a reasonable discount from the purchase price; or
• refund of the purchase price on the basis of withdrawal from the contract.A material breach of contract is one which the breaching party already knew or had to know at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen this breach.
In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the removal of the defect or a reasonable discount from the purchase price.
If a removable defect has occurred repeatedly after repair (third complaint for the same defect or fourth for different defects) or the goods have a greater number of defects (at least three defects at the same time), the buyer can exercise the right to a discount on the purchase price, exchange of goods or withdraw from the contract .
The seller is not responsible for defects resulting from normal wear and tear or failure to follow the instructions for use.
6. Complaint settlement
The buyer is obliged to file a claim with the seller or the person designated for repair without undue delay after discovering the deficiency. If he does so in writing or electronically, he should state his contact details, a description of the defect and a request for the method of handling the complaint.The buyer is obliged to inform the seller of the right he has chosen upon notification of a defect, or without undue delay after notification of a defect. A change of choice without the consent of the seller is only possible if the buyer requested the repair of a defect that turns out to be irreparable.
If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in case of a non-material breach of contract.
The buyer is obliged to prove the purchase of the goods (preferably with a proof of purchase). The deadline for processing a complaint starts from the handover/delivery of the goods to the seller or to the place intended for repair. The goods should be packed in suitable packaging during transport to avoid damage, they should be clean and complete.
The seller is obliged to make a decision on the claim without delay, within three working days at the latest, or on the fact that a professional assessment is required for the decision. Information about the need for a professional assessment will be communicated to the buyer within this period. The seller will deal with the complaint, including the removal of the defect, without undue delay, no later than 30 days after its application, unless the buyer and the buyer agree on a longer period in writing. After the expiration of this period, the buyer has the same rights as if it were a material breach of contract.
If the seller refuses to remove the item's defect, the buyer can demand a reasonable price discount or withdraw from the contract.
The warranty period is extended by the time from the application of the complaint until its settlement or until the time when the buyer was obliged to pick up the item. If the goods or part thereof are exchanged, the seller's responsibility applies as if it were a purchase of new goods or part thereof.
If it is not possible to monitor the status of the complaint processing online, the seller undertakes to inform the buyer about the processing of the complaint according to his request by e-mail message or via SMS.In the case of a justified complaint, the buyer is entitled to compensation for the costs incurred.
Contact details for complaints:
OLIMPEX trading s.r.o., Hořická 149, 199 00 Prague 9, Czech Republic, e-mail: info@otxpharma.cz7. Protection of personal data
The buyer agrees that the provided personal data will be processed and stored by the seller in accordance with the Personal Data Protection Act (No. 101/2000 Coll.) for the purpose of fulfilling the subject of the contract. The buyer has the right to be informed about what data the seller records about him, and he is entitled to change this data, or to express his disagreement with their processing in writing. Personal data protection is supervised by the Office for Personal Data Protection.The buyer can inform the seller that he wants to stop sending commercial messages, to the electronic address obtained in connection with the performance of the contract, without incurring any costs.
8. Dispute Resolution
Any mutual disputes between the seller and the buyer will be resolved by the relevant courts of the Czech Republic.According to Act No. 634/1992 Coll., on consumer protection, as amended, the buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute from a purchase contract or from a contract for the provision of services. The entity that is authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection. More information is available on the website www.coi.cz.
An out-of-court settlement of a consumer dispute is initiated exclusively at the request of the consumer, and only if the dispute could not be resolved directly with the seller. The proposal can be submitted no later than 1 year from the day the consumer exercised his right, which is the subject of the dispute, with the seller for the first time.
The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.
Supervision of compliance with obligations under Act No. 634/1992 Coll., on consumer protection, as amended, is carried out by the Czech Trade Inspection (www.coi.cz).
9. Others
For the purposes of these terms and conditions, the buyer is understood as a consumer, which is a person who, unlike the seller, does not act as part of his business activity or as part of the independent performance of his profession when concluding and fulfilling the contract.For the purposes of these terms and conditions, the seller is an entrepreneur who, unlike the buyer, acts as part of his business activity or in the independent exercise of his profession when concluding and fulfilling the contract.
Other matters not mentioned here are governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legal regulations, as amended by later legal regulations.
The contract and related issues are governed by Czech law.
Changes to business conditions in a form other than mutually agreed upon in writing are excluded.
These terms and conditions are effective from March 1, 2023.