1. General Provisions
1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of BrokInCZ service s.r.o., with its registered office at Zárubova 507/2, Kamýk, 142 00 Prague 4 (this address is not intended for sending goods; there is no warehouse at this address), Company ID: 06009743, registered in the Commercial Register maintained by the Municipal Court in Prague, file No. C 274505 (hereinafter referred to as the “Seller”), regulate, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website located at www.diabet12.com (hereinafter referred to as the “Website”), through the Website interface (hereinafter referred to as the “Online Store Interface”).
1.2. These Terms and Conditions do not apply in cases where the person intending to purchase goods from the Seller is a legal entity or a person acting when ordering goods within the scope of their business activity or independent professional activity.
1.3. Provisions deviating from these Terms and Conditions may be agreed upon in the Purchase Agreement. Deviating provisions in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.
1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5. The Seller may amend or supplement the wording of the Terms and Conditions. This provision does not affect rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2.1. Based on the Buyer’s registration on the Website, the Buyer may access their user interface. From this user interface, the Buyer may place orders for goods (hereinafter referred to as the “User Account”). If the online store interface allows it, the Buyer may also place orders without registration directly through the online store interface.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the User Account and when ordering goods shall be considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
2.4. The Buyer is not entitled to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account if the Buyer breaches their obligations under the Purchase Agreement (including these Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
3.1. All presentation of goods placed in the online store interface is of an informational nature and the Seller is not obliged to conclude a Purchase Agreement regarding such goods. The provision of Section 1732(2) of the Civil Code shall not apply.
3.2. The online store interface contains information about the goods, including the prices of individual goods and the costs for returning goods if, by their nature, such goods cannot be returned by regular postal service. The prices of goods are stated including value added tax and all related fees. The prices remain valid for the period during which they are displayed in the online store interface. This provision does not limit the Seller’s ability to conclude a Purchase Agreement under individually agreed conditions.
3.3. The online store interface also contains information about the costs associated with packaging and delivery of goods.
3.4. To order goods, the Buyer fills out the order form in the online store interface. The order form contains in particular information about:
3.4.1. the ordered goods (the Buyer “places” the goods into the electronic shopping cart of the online store interface);
3.4.2. the method of payment of the purchase price of the goods and information about the requested method of delivery of the ordered goods;
3.4.3. information about the costs associated with delivery of the goods
(hereinafter collectively referred to as the “Order”).
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and modify the data entered into the Order, also with regard to the possibility for the Buyer to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the Seller by clicking the button “Chekout” The data stated in the Order are considered correct by the Seller. The Seller shall promptly confirm receipt of the Order to the Buyer by electronic mail to the Buyer’s email address specified in the User Account or in the Order (hereinafter referred to as the “Buyer’s email address”).
3.6. Depending on the nature of the Order (quantity of goods, amount of the purchase price, expected transport costs), the Seller is always entitled to request additional confirmation of the Order from the Buyer (for example in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the Order by the Seller to the Buyer via email to the Buyer’s email address.
3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. Costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Agreement (internet connection costs, telephone call costs) shall be borne by the Buyer, and such costs do not differ from the basic rate.
4.1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement to the Seller in the following ways:
a) by non-cash bank transfer to the Seller’s bank account in EUR No. CZ7420100000002201370592, both accounts maintained by Fio banka, a.s., V Celnici 1028/10, 117 21 Prague 1 (hereinafter referred to as the “Seller’s Account”);
b) by non-cash payment by payment card.
4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods.
4.3. The Seller does not require a deposit or any similar advance payment from the Buyer. This does not affect the provisions of Article 4.6 of these Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of non-cash payment, the Buyer is obliged to indicate the variable payment symbol when paying the purchase price. The Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s Account.
4.5. The Seller is entitled, especially if the Buyer fails to provide additional confirmation of the Order (Article 3.6), to require payment of the full purchase price before the goods are shipped to the Buyer. Section 2119(1) of the Civil Code shall not apply.
4.6. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4.7. If customary in business practice or required by generally binding legal regulations, the Seller shall issue the Buyer a tax document — invoice — regarding payments made under the Purchase Agreement. The Seller is a value-added tax (VAT) payer. The invoice will be issued after payment of the price of the goods and sent to the Buyer in electronic form to the Buyer’s email address or in paper form together with the goods.
4.8. According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, no later than 48 hours.
5.1. The Buyer acknowledges that, under Section 1837 of the Civil Code, withdrawal from the Purchase Agreement is not permitted for:
goods customized according to the Buyer’s wishes or intended for the Buyer;
goods that are subject to rapid spoilage;
goods that have been irreversibly mixed with other items after delivery;
goods in sealed packaging, if the consumer has removed them and they cannot be returned for hygienic reasons;
audio or video recordings or computer programs if their original packaging has been damaged.
5.2. If the case is not covered by Section 5.1 or other cases where withdrawal is prohibited, the Buyer has the right, under Section 1829(1) of the Civil Code, to withdraw from the Purchase Agreement within 14 days from receiving the goods. If the Purchase Agreement covers multiple types of goods or deliveries, the period starts from the receipt of the last delivery. Withdrawal must be sent to the Seller within this period. The Buyer may use the standard form provided by the Seller, attached to these Terms. Withdrawal may be sent to the Seller’s business address or to the Seller’s email info@diabet12.com
5.3. Upon withdrawal under Section 5.2, the Purchase Agreement is cancelled from the outset. Goods must be returned to the Seller within 40 days from delivery of the withdrawal notice. The Buyer bears the costs of returning the goods, even if they cannot be returned via regular postal means due to their nature.
5.4. Upon withdrawal, the Seller shall return the funds received from the Buyer within 14 days of withdrawal, using the same payment method. The Seller may also refund upon the Buyer’s return of the goods or otherwise with the Buyer’s consent, provided no additional costs arise for the Buyer. The Seller is not obliged to return funds before the Buyer returns the goods or proves shipment.
5.5. The Buyer acknowledges that if the returned goods are damaged, worn, partially used, or show signs of use, contamination, etc., the Seller has the right to claim compensation. The Seller may offset this claim against the Buyer’s claim for refund of the purchase price.
5.6. In cases where the Buyer has the right to withdraw (§ 1829(1)), the Seller also has the right to withdraw at any time before the Buyer receives the goods. In this case, the Seller shall refund the purchase price without undue delay, by non-cash transfer to the account specified by the Buyer.
5.7. If a gift is provided along with the goods, the gift contract is concluded with a termination condition: upon withdrawal from the Purchase Agreement, the gift contract is void, and the Buyer must return the gift together with the goods to the Seller.
6.1. If the method of delivery is agreed upon based on a special request by the Buyer, the Buyer bears the risk and any additional costs associated with such method of delivery.
6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to the location specified by the Buyer in the Order, the Buyer is obliged to accept the goods upon delivery.
6.3. If, due to reasons on the Buyer’s side, the goods must be delivered repeatedly or by a method other than that specified in the Order, the Buyer shall bear the costs associated with repeated delivery or the alternative method of delivery.
6.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the goods’ packaging and immediately notify the carrier of any defects. If the packaging is found to be tampered with, indicating unauthorized access, the Buyer may refuse to accept the shipment from the carrier.
6.5. Additional rights and obligations of the parties regarding transport of goods may be regulated by the Seller’s special delivery terms, if issued.
7.1. The rights and obligations of the parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The Seller is responsible to the Buyer that the goods are free from defects at the time of receipt. In particular, the Seller guarantees that at the time the Buyer received the goods:
7.2.1. the goods have the properties agreed upon by the parties, or if not agreed, the properties described by the Seller or manufacturer, or expected by the Buyer with regard to the nature of the goods and advertising;
7.2.2. the goods are suitable for the purpose for which the Seller states they are intended, or for which goods of that type are usually used;
7.2.3. the quality or workmanship of the goods corresponds to the agreed sample or model, if quality or workmanship was determined by an agreed sample or model;
7.2.4. the goods are in the appropriate quantity, size, or weight;
7.2.5. the goods comply with legal requirements.
7.3. The provisions of 7.2 do not apply to goods sold at a reduced price for a defect for which a lower price was agreed, to wear caused by ordinary use, to used goods for defects corresponding to the degree of use or wear at the time of receipt, or if it arises from the nature of the goods.
7.4. If a defect appears within s6 months from receipt, it is presumed that the goods were defective at the time of receipt. The Buyer may exercise rights for a defect in consumer goods within 24 months from receipt.
7.5. Rights from defective performance are exercised by the Buyer with the Seller at the address of the Seller’s store where complaint acceptance is possible with regard to the assortment, or at the Seller’s registered office or place of business.
7.6. Additional rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaint procedure.
8.1. The Buyer acquires ownership of the goods upon full payment of the purchase price.
8.2. The Seller is not bound towards the Buyer by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
8.3. Handling of consumer complaints is provided by the Seller via email info@diabet12.com Information on the resolution of the Buyer’s complaint will be sent by the Seller to the Buyer’s email address.
8.4. For out-of-court resolution of consumer disputes arising from the Purchase Agreement, the competent authority is the Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform http://ec.europa.eu/consumers/odr may be used for resolving disputes between the Seller and the Buyer.
8.5. The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, serves as the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.
8.6. The Seller is authorized to sell goods based on a trade license. Trade license control is conducted by the relevant trade office. The Office for Personal Data Protection supervises personal data protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within its jurisdiction.
8.7. The Buyer assumes the risk of changes in circumstances within the meaning of Section 1765(2) of the Civil Code.
9.1. The Seller fulfills its information obligations towards the Buyer pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR), concerning the processing of the Buyer’s personal data:
for the purposes of performing the Purchase Agreement,
for the purposes of negotiating the Purchase Agreement,
for the purposes of fulfilling the Seller’s public-law obligations,
and provides this information through a separate document.
10.1. The Buyer agrees, pursuant to Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Some Acts, as amended, to receive commercial messages from the Seller to the Buyer’s email address or phone number. The Seller fulfills its information obligations towards the Buyer under Article 13 of the GDPR regarding the processing of the Buyer’s personal data for the purpose of sending commercial messages through a separate document.
10.2. The Buyer agrees to the storage of so-called cookies on their computer. If a purchase on the website is possible and the Seller’s obligations under the Purchase Agreement can be fulfilled without storing cookies on the Buyer’s computer, the Buyer may withdraw the consent given in the previous paragraph at any time.
11.1. If a relationship based on the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law pursuant to the preceding sentence does not deprive a Buyer who is a consumer of the protection provided by mandatory provisions of law from which no contractual derogation is permitted, and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
11.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to that of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.
11.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.4. The annex to the Terms and Conditions includes a sample form for withdrawal from the Purchase Agreement.
11.5. Seller’s contact details: registered office only — Zárubova 507/2, Kamýk, 142 00 Prague 4; address for sending returned goods is indicated at the top of the complaint form; email info@diabet12.com.
These Terms and Conditions take effect on 26 November 2018.
12. Contact
Email: info@diabet12.com
Website: www.diabet12.com
