Of the operation and use of systers.bio eshop
- The company Systers Bio s.r.o., with registered office at Vodičkova 736/15, 110 00 Praha 1 Nové Město, ID number: 117 46 131, e-mail: firstname.lastname@example.org, phone: +420 731 333 017 registered at the Commercial Register maintained by the Municipal Court in Prague, file no. C 353883 ("Operator"), is the Operator and administrator of the online shop (eshop), accessible from the internet address systers.bio, through which food supplements, herbal tinctures, workshops for women, ebooks and online courses can be purchased.
- Goods are sold and Services are provided by the same person: the Operator.
- These Terms specify the rights and obligations of persons using the Store as defined below.
- The owner of the Store is the Operator, who exercises all property rights of the author within the meaning of Act No. 121/2000 Coll., the Copyright Act, as subsequently amended.
- By starting to use the Store, the User confirms that they have familiarised themselves with the current wording of the Terms and undertake to follow them. The conditions may be subject to changes by the Operator. Any changes to the Terms and Conditions will not affect the legal relations between the Buyer and the Operator that began during the validity of the previous version of the Terms and Conditions.
- The Operator is entitled to change and modify individual parameters of the Shop at any time without prior notification of such fact to the User. In particular, the Operator is entitled to change the web interface of the Store, the user environment and the functions of the Store.
- The operator is entitled to terminate the operation of the Store at any time, or to limit or change it at their own discretion. The Operator is obliged to inform the User about this fact without undue delay through the Store.
- The conditions do not apply to the case where the Buyer is a legal entity or a person who, when concluding the Contract, acts as part of their business activity or as part of their independent professional performance.
- The Operator may enter into an agreement with the Buyer that may differ from the Terms or the Contract.
- The operator is not a VAT registered company and the prices of the Goods and Services do not include information on VAT. The prices of Goods and Services remain in effect for as long as they are displayed in the Store.
- The Operator reserves the right to delete the User Account if the User Account is not used by the User for a period longer than 12 calendar months.
- The highlighted terms below with an initial capital letter in the singular have the same meaning in the text also with a small initial letter and in the plural.
- Shop – means the online shop (eshop) in the interface of the systers.bio website, where the Operator offers Users Goods for purchase and provides Services.
- Goods – are movable things (dietary supplements, herbal tinctures, ebooks) offered by the Operator in the Store for purchase (to conclude a purchase contract) by the Buyer.
- Services – are courses, workshops, events or individual services ordered by the User.
- Cart – is a function of the Store that displays the Goods or Services selected by the Buyer and enables the subsequent purchase of these Goods or the ordering of Services.
- Contract – means a purchase contract according to the provisions of § 2079 et seq. of the Civil Code, concluded between the User and the Operator, the subject of which is the purchase of Goods; or the contract for the provision of Services in accordance with the provisions of 1746 paragraph 2 of the Civil Code.
- Buyer - a consumer who intends to order Goods or Services from the Store and conclude a Contract with the Operator.
- Operator – Systers Bio s.r.o., with registered office at Vodičkova 736/15, 110 00 Praha 1 Nové Město, ID number: 117 46 131, registered at the Commercial Register maintained by the Municipal Court in Prague, file no. C 353883.
- User – means any person other than the Operator who uses the Store.
- Terms and Conditions – are these general terms and conditions
- Civil Code – is Act No. 89/2012 Coll., Civil Code, as amended
- Consumer Protection Law - is Act No. 634/1992 Coll., on consumer protection as amended
- The delivery address is Horská 4/770, 352 01 Aš.
- Refund claims – means asserting a claim from defective performance according to Article VII of the Terms and Conditions.
- Login data – means the unique combination of the User's login email and the password chosen by the User, which the User saves in the Store's database when setting up a User account through the Store.
- User Account – means the non-public part of the Store, which is accessible to the User after entering the Login Data.
III. USE OF STORE AND USER ACCOUNT
- If the functionality of the Store is active in the form of a User account, the User has the right to establish only one User account. In case of violation of this provision, the Operator is entitled to cancel other established accounts.
- Registration and creation of a User Account is a condition for using all Store functions.
- A Contract can be concluded even without registering and setting up a User Account.
- The user account is not transferable to another person without the express consent of the Operator.
- Use of the Store is free of charge. The user bears the costs related to accessing and using the Store, such as the costs of internet connection.
- The user is not authorised to interfere with the Store in any way or to change or supplement it in any way.
- The User is obliged to protect their Login Data, which are used to enter the Store and the User Account. The User declares that they will use their User Account exclusively themselves and will not provide it to be used by another person. In the event of misuse of the Login Data by a third party, the User is obliged to notify the Operator immediately, who is entitled to block the Login Data in such a case, and issue new Login Data to the User. If necessary, the Operator is also entitled to deactivate the User's User Account.
- The Operator is entitled to block the User's User Account or remove the content if the use of the Store is in conflict with these Terms or with generally binding regulations.
- The User does not have the right to mine the database associated with the Store by machine (especially with the help of software robots) through the Store.
IV. The contract
- The contract is concluded between the Buyer and the Operator.
- The Contract is concluded as follows: By using the "ADD TO BASKET" button, the Goods or Services selected by the Buyer will be added to the Basket. The Buyer can then view the Basket and click on the "COMPLETE PURCHASE" button, which will display a form for filling in the data necessary to conclude the Contract and deliver the Goods or provide the Service. By using the "CONTINUE" button, the Buyer will be shown the methods of delivery of the Goods or provision of the Service. After choosing a method of delivery or provision and clicking on the "CONTINUE TO PAYMENT" button, the Buyer will be shown a summary of the order with the option to change all data. The buyer is obliged to provide true, complete, accurate and correct information. The Buyer will confirm the correctness of the data for the purpose of delivery and payment of the Goods or Services by clicking on the "COMPLETE ORDER" button, which will redirect them to the payment gateway. A binding order for Goods or Services takes place at the moment of clicking on the "PAY" button, or at the moment of receiving the information in the Store system.
- After the conclusion of the Contract, the Operator will send a confirmation of the conclusion of the Contract to the Buyer's email address specified in the form.
- The displayed Goods or Services in the Store are informative in nature. The operator is therefore not obliged to enter into a Contract regarding this Product or Service. The provisions of Section 1732 of the Civil Code shall not apply.
- The Operator is entitled to withdraw from the Agreement, no reason given, at any time before the Goods are sent to the Buyer or the Service is provided. In particular, notification that the Operator cannot deliver the ordered Goods or provide the Service is considered such withdrawal.
- Payment for purchased Goods or ordered Services can be made by card through the payment gateway. The payment is considered to have been paid at the time this payment is credited to the Operator's account. The buyer can also choose payment in one of the accepted cryptocurrencies (e.g. Bitcoin) as a payment method. If the Buyer in such a case, for any reason, requests a refund of the purchase price for such purchased Goods or ordered Service, the purchase price can only be refunded in the currency indicated on the invoice for such purchased Goods or ordered Service (usually in Czech crowns) and in the amount stated on the invoice. Possible fluctuations in the exchange rate of cryptocurrencies will not be taken into account when returning the purchase price, with which the Buyer expresses their consent.
The Buyer is also obliged to pay the costs associated with the packaging and delivery of the Goods, in the amount shown before the conclusion of the Contract, according to the procedure described in paragraph 2 of this article. The method of packaging is determined by the Operator, the provisions of § 2097 of the Civil Code do not apply. The method of delivery is chosen by the Buyer.
- The Operator is entitled to provide the Buyer with a discount on the price of the Goods. Possible discounts on the price of the Goods can only be combined with the consent of the Operator.
- The invoice for the Goods will be sent by the Operator to the Buyer in electronic form to the Buyer's email address. The invoice will contain mandatory information and a receipt in accordance with Act No. 112/2016 Coll., on the registration of sales, as amended, and the Buyer will receive it in the form of a download link or as an email attachment, with which the Buyer agrees.
- If the Operator also provides a gift with the Goods or Service, this is provided on the basis of a gift agreement with the severance condition that if the Contract is terminated otherwise than by its fulfilment, the gift agreement in question ceases to be effective and the Buyer is obliged to return the provided goods to the Operator along with the gift.
- The risk of loss, damage and/or destruction of the Goods passes to the Buyer at the moment of acceptance of the Goods by the Buyer.
- The Buyer does not have the right to be issued Goods that have not been fully paid for.
- In the event that the prices of the Goods or Services in the Store are evidently out of proportion to the usual price for the Goods or Services due to a technical error, the Operator has no obligation to deliver the Goods or provide the Service at the price displayed in the Store. In such a case, the Operator will inform the Buyer of the actual price of the Goods or Services in question, and the Buyer will then be able to decide whether they want the Goods or Services at the actual price. Otherwise, the Contract will be cancelled fully.
V. Payment Terms
- You can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract in the following way:
- cashless by transfer to our bank account or cashless by payment card via the payment gateway within the e-shop.
- Together with the purchase price, you are obliged to pay the costs associated with the packaging and delivery of the goods in the agreed amount, unless expressly stated otherwise. Unless expressly stated otherwise, henceforth the purchase price also includes the costs associated with the delivery of the goods.
- In the case of payment via a payment gateway, you follow the instructions of the relevant electronic payment provider.
- In the case of cashless payment, your obligation to pay the purchase price is fulfilled when the relevant amount is credited to our bank account, within 14 days of concluding the purchase contract. Please indicate the variable symbol when making the payment. You will receive payment details with the order confirmation.
- Regardless of the payment method you choose, we are entitled to demand payment of the entire purchase price for the goods you ordered before sending the goods. Payment of the purchase price before the goods are shipped is not a deposit.
- According to the Sales Registration Act, we are obliged to issue you an invoice. At the same time, we are obliged to register the received sales with the tax administrator online, within 48 hours at the latest in the event of technical difficulties.
VI. Delivery of goods by carrier
- We will send the goods to the address you specified via the carrier you selected when ordering the goods.
- The costs of delivering the goods, depending on the method of sending and taking delivery of the goods, are listed in your order and in the order confirmation. In the Online Shop, we also offer a certain price limit for the order that enables you to get free shipping. This is governed by the current information when ordering goods or in another informative part of the Internet store. If such a limit is set for the price of the order, above which shipping is free, you pay the shipping costs up to that limit. In the case that the mode of transport is agreed on the basis of your special request, we do not bear the responsibility for any additional costs associated with this mode of transport.
- If you consider changing the date or time of delivery, please arrange this change directly with your chosen carrier.
- If, according to the purchase contract, we are obliged to deliver the goods to the place specified by you in the order, you are obliged to take delivery of the goods at the announced date and time. In the event that you are responsible for the need to deliver the goods repeatedly or in a different way than was specified in the order, you are also obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another delivery method.
- When accepting the consignment from the carrier, you are obliged to check the integrity of the packaging of the shipment and, in the event of any defects, notify the carrier immediately. A dent in the box or damage to the corners caused by the shipment is not considered damage to the parcel. In the event of damage to the shipment indicating unauthorised opening of the parcel or a significantly damaged parcel, you are not obligated to accept the shipment from the carrier. In this case, you will draw up a claim form with the carrier, which you will send to email@example.com within 24 hours at the latest, and at the same time inform us about this situation immediately.
- You acquire ownership of the goods by paying the full purchase price for the goods, including delivery costs, but at the earliest by taking over the goods. Responsibility for accidental destruction, damage or loss of goods passes to you at the moment of acceptance of the goods or at the moment when you had the obligation to accept the goods, but did not do so in violation of the purchase contract.
VII. USER RIGHTS, OBLIGATIONS AND DECLARATION
- When using the Platform, the User undertakes to act in such a way that no damage is caused to them or the Operator by using the Store.
- The user declares and undertakes that:
- They are capable of legal action that is carried out through the Store, or are represented by a legal representative;
- If they are a person under 18 years of age, they will not purchase Goods or order Services for the purchase or ordering of which the legal condition is to be at least 18 years of age;
- They will not use the Store in violation of applicable legal regulations and will not obtain the Login Data of other Users;
- They will use the Store only for the purpose for which it is intended;
- They will not carry out any such action that could disrupt or damage the Store and endanger or prevent the use of the Store by third parties;
- They have familiarised themselves with the Terms and Conditions.
VIII. LIMITATION OF LIABILITY FOR DEFECTS
- The operator has the right to limit or suspend the operation of the Store for any reason, and such a state cannot be considered a defect.
- The operator is not responsible for incorrect use of the Store.
- The operator is not responsible for content related to the Store created by third parties.
IX. COMPLAINTS PROCEDURE
- The Buyer's rights from defective performance are governed by the relevant generally binding legal regulations - in particular §§ 1914 to 1925, §§ 2099 to 2117 and § 2161 to 2174 of the Civil Code. The Buyer's rights from defective performance are also governed by the Consumer Protection Law.
- The Operator is liable to the Buyer for ensuring that the Goods or Services are free of defects upon receipt or delivery.
- Goods or service is considered delivered or provided without defects if:
- They have the characteristics agreed between the Operator and the Buyer and, if such an agreement has not been concluded, the Goods or Services have the characteristics described by the Operator as part of the offer of Goods or Services in the Store, or expected with regard to the nature and type of Goods or Services;
- They are fit for the usual purpose with regard to the nature and type of the Goods or Services;
- They are in adequate quantity and measure;
- They are of adequate quality and design; and
- Meet the requirements of the relevant legal regulations.
- In the event that the Goods show defects upon taking delivery or the Services upon provision to the Buyer, the Buyer has the following rights:
- The Buyer has the right to request the delivery of new Goods or the provision of a new Service without defects, if this is not unreasonable due to the nature of the defect. However, if the defect concerns only a part of the Goods or Service, the Buyer is entitled to demand only the replacement of this part; if this is not possible, the Buyer has the right to withdraw from the Contract.
- In the event of the occurrence of a removable defect in the Goods or Services, when the Buyer cannot properly use the Goods or Services due to the repeated occurrence of the defect after the repair of the Goods or Services or due to a larger number of defects, the Buyer also has the right to the delivery of new Goods or a new Service or replacement of the defective part. In this case, the Buyer may also decide to invoke their right to withdraw from the Contract.
- If the Buyer does not exercise their right under letter a) or letter b) Condition, they are entitled to request a reasonable discount from the price of the Goods or Services from the Operator. The Buyer has the right to a reasonable discount on the Goods or Services also if the Operator is unable to supply them with new Goods or Services without defects, replace its component or repair the Goods or Services, or if the Operator is not able to settle the Buyer's claim in question within a reasonable timeframe or it is possible to do so only with significant inconvenience for the Buyer.
- The provisions of Articles 2 to 4 do not apply to:
- Goods sold or Services provided at a reduced price due to the occurrence of a defect;
- defects caused by the Buyer or defects known to the Buyer before the conclusion of the Contract;
- wear and tear of the Goods caused by their usual use;
- used Goods, when the defects of the Goods correspond to the extent of its use or wear already existing when the Buyer took delivery of the Goods; and
- Goods or Services for which this follows from their nature.
- The occurrence of a defect in the Goods or Service during the first six months from its receipt constitutes a rebuttable presumption that the Goods were already defective upon receipt. In the case of consumer goods, the Buyer has the right to exercise the legal guarantee according to Articles 2 to 4 in the event that the defect occurs within twenty-four months of receiving the Goods.
- The operator does not provide a guarantee for the Goods or Services.
- The Buyer applies the rights from defective performance according to the Terms and Conditions with the Operator at the Delivery Address.
- When exercising the right from defective performance, the Buyer is obliged to prove the conclusion of the Contract. For this purpose, the Operator recommends submitting a confirmation of the purchase of the Goods, for example.
- The Buyer has the obligation to point out the defect to the Operator, i.e. to provide a description of the defect in the Goods or Service about which they are complaining.
- After a Complaint is made by the Buyer, the Operator will issue a confirmation to the Buyer, which will include, among other things, information on when the Buyer exercised the right from defective performance, what is the content of the Complaint according to the Buyer, and what method of settlement of the Complaint the Buyer requests.
- The operator or an employee authorised by them will decide on the Buyer's complaint immediately, in complex cases within 3 working days. This period does not include the time required for a professional assessment of the defect, appropriate for the type of goods or service.
- A Complaint about Goods or Services will be handled by the Operator no later than 30 days from the date of its exercise, provided that the Operator has received all the documents necessary to handle it, unless the Operator and the Buyer agree on a longer period. Failure to comply with the specified deadline constitutes a material breach of the Agreement.
- After handling the Complaint, the Buyer will be informed by the Operator about the handling of the complaint and the Goods will be sent to the Buyer's address, or they will be informed about the rejection of the Complaint with reasons given.
- In the case of unprofessional handling of the Goods in violation of the documentation (instructions), the Buyer loses all claims for defects (especially claims according to Articles 2 to 4 of the Terms and Conditions).
X. WITHDRAWAL FROM CONTRACT
- If the Contract is concluded through means of remote communication (e.g. through the Operator's Store), the Buyer has the right to withdraw from the Contract in accordance with § 1829, paragraph 1 of the Civil Code (with the exception of the cases specified in paragraph 2 of this article), within fourteen (14) days from the date of conclusion of the Contract and, if it is a purchase contract in the case of Goods, from the receipt of the Goods. In case of delivery of a large quantity of Goods or several different items within one order of the Buyer, this period starts from the date of receipt of the last delivery of Goods. The period in the previous sentence is observed if the withdrawal from the Agreement is sent before the end of said period.
- If the Buyer orders the Service within the 14-day withdrawal period, the Buyer expressly agrees that the Operator will provide the Service within the withdrawal period.
- In accordance with the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the Contract in the event of delivery or provision of:
- Services, if they were fulfilled with the Buyer’s prior express consent before the expiry of the period for withdrawing from the Contract.
- Goods that have been modified according to the wishes of the Buyer or for their person;
- Goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery;
- Goods in closed packaging that the Buyer has removed from the packaging and cannot be returned for hygienic reasons; and
- accommodation, transport, catering or use of free time, if the Operator provides these services within the specified period;
- sound or video recording or computer program if their original packaging has been damaged.
- In the event that the Buyer has the right to withdraw from the Contract according to paragraph 1 of this article, the Operator also has this right. This right of the Operator lasts until the time of acceptance of the Goods by the Buyer. In the event of the Operator's withdrawal from the Contract according to this article, the Operator is obliged to return the price of the Goods to the Buyer without undue delay in the manner in which the price of the Goods was paid.
- In the case of withdrawal from the Contract according to paragraph 1 of this article, the Contract is cancelled in full and the Buyer is obliged to return the Goods to the Operator within fourteen (14) days from the delivery of the withdrawal from the Contract. The costs associated with the return of the Goods in the event of the Buyer's withdrawal from the Contract shall be borne by the Buyer, even if the Goods cannot be returned by standard postal service due to their nature. The Buyer is liable to the Operator for all damage to the Goods caused by them and for a reduction of its value.
- In the case of withdrawal from the Contract according to paragraph 1 of this article, the funds will be returned by the Operator to the Buyer within fourteen (14) days of the Buyer's withdrawal from the Contract, in the manner in which the price of the Goods or Services was paid, with the exception of payment using cryptocurrencies. The Buyer is obliged to inform the Operator of their bank account number if it is not possible to return the funds according to the procedure in the previous sentence. In the case of the Buyer's consent, the Operator can return the funds in another way. The condition for the return of funds is proof of dispatch of the Goods (regarding which the Contract was withdrawn) by the Buyer.
- The Operator is entitled to unilaterally figure in the claim for compensation for damage caused to the Goods against the Buyer's claim for a refund of the price of the Goods.
- The Annex to the Conditions is a sample form that can be used by the Buyer to withdraw from the Contract according to paragraph 1 of this article. Withdrawal from the Contract must be delivered by the Buyer to the Delivery Address of the Operator or to the email firstname.lastname@example.org.
XI. The Camp and cancellation conditions
- The user has the right to withdraw from the contract within 14 days of its conclusion. This withdrawal can be done by email with the subject line Camp Cancellation to the address email@example.com. By delivering this email to the Operator, the Operator's obligation to provide the relevant Camp to the User ceases, and the Operator is obligated to return the full amount of the payment for the Camp to the User.
- If the User makes this cancellation only after the expiry of the period for withdrawing from the contract, this part depends on the start date of the Camp for which the User is enrolled and the date of delivery of the email about the cancellation of the camp:
In terms of rescheduling the User’s participation in the camp to another date:
- If the User requests a cancellation no less than 1 month before the start of the camp: The User has the option to participate in the Camp on another date.
- If the User requests a cancellation within 1 month to 14 days before the start of the camp: The User undertakes to pay a cancellation fee of 15% of the price of the camp, and has the option to participate in the Camp on another date.
Without moving the participation in the camp to another date:
- If the User requests a cancellation no less than 14 days before the start of the camp: The User undertakes to pay a cancellation fee of 10% of the price of the camp, and to find a replacement for themselves.
- If the User fails to find a replacement for themselves, they are entitled to a refund of 50% the course price.
XII. CHANGE OF TERMS
- The operator reserves the right to change these Terms and Conditions unilaterally. The Operator is obliged to notify the User of such a change no later than 15 days before such a change takes effect, by displaying the relevant message within the Platform. If the User does not agree to the change to the Terms, the User's use of the Platform will be disabled by the Operator as the change to the Terms comes into effect. In such a case, the Operator is obliged to allow the User to delete their data and other data stored by the User in the Platform.
XIII. PROTECTION OF PERSONAL DATA
- During the operation of the Store, the User's personal data is processed.
- The operator is obliged by law to protect and secure the provided personal data. The operator therefore uses various effective security technologies to protect personal data from unauthorised access or use.
XIV. MANDATORY INFORMATION FOR CONSUMERS
- This article of the Terms and Conditions is effective only in relation to the User who is a consumer. The provisions stated in this article of the Terms and Conditions do not apply in particular to entrepreneurs - self-employed persons or trading companies.
- The Operator hereby informs the User that:
- the address for delivering documents to the Operator is Systers.bio, Vodičkova 736/15, 110 00 Praha 1 Nové Město.
- the telephone contact of the Operator is +420 731 333 017;
- the Operator's email delivery address is firstname.lastname@example.org;
- to use the Store you need to have access to the Internet;
- information on the conclusion of the Contract incl. these Terms and Conditions is stored in the Store's database and the User can access it by sending an email to the e-mail delivery address or via their User Account;
- correction of errors made during data entry can also be done through the Store and, where the Store does not allow it, through technical support whose contact is listed in the Store;
- the Operator complies with all applicable laws of the Czech Republic; no other codes are binding on the Operator;
- the User has the right to file a complaint with a supervisory authority or state control. The out-of-court settlement of consumer disputes is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, IČO: 000 20 869, internet address: http://www.coi.cz. The consumer can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.
XV. APPLICABLE LAW
- These Terms and Conditions as well as the Contract are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., Civil Code, as subsequently amended.
- By choosing the law according to the previous sentence, the Buyer is not deprived of the protection provided by the provisions of the legal code, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Article 6, paragraph 1 of the Regulation of the European Parliament and of the Council (EC ) No. 593/2008 of July 17, 2008 on the law governing contractual obligations (Rome I).
- Any disputes arising on the basis of the Contract and/or these Terms and Conditions will be decided factually and locally by the competent courts of the Czech Republic.
XVI. FINAL PROVISIONS
- If any provision of the Terms is or becomes invalid or ineffective, it will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of any provision does not affect the validity and effectiveness of other provisions of the Terms and Conditions.
- The Buyer agrees that the Operator is entitled to assign their rights and claims from the Contract to a third party.
- The Contract, including the Conditions, will be archived by the Operator in electronic form and will not be publicly accessible.
- These Terms and Conditions become valid and effective on February, 15th 2023