Business conditions of the company Anbio s.r.o., ID number 28 862 112, VAT number CZ28862112, with its registered office at Bartoškova 1368/4, 140 00 Prague 4 - Nusle, entered in the Commercial Register kept by the Municipal Court in Prague under file no. No. C 149731, for the sale of goods to consumers through an online store at the Internet address www.anbio.cz.
2. User account
3. Conclusion of the purchase contract
4.4. Price of goods and payment terms
5. Withdrawal from the purchase contract
6.Transport and delivery of goods
7. Rights from defective performance
8. Other rights and obligations of the contracting parties
9. Protection of personal data
10. Saving cookies
12. Final provisions
1.1 These business conditions (hereinafter referred to as “business conditions”) of the business company Anbio s.r.o., as identified in the header of these business conditions (hereinafter referred to as the “seller”), regulate in accordance with Article 1751 (1) of Act No. 89/2012 Coll. ., Civil Code, as amended (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter "purchase contract") concluded between the seller and another person - the consumer (hereinafter "Buyer") through the seller's online shop. The internet shop is operated by the seller on a website located at the internet address www.anbio.cz (hereinafter referred to as the "website"), via the website interface (hereinafter referred to as the "shop web interface").
1.2 The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession. In such a case, this person is obliged to contact the seller and negotiate a special contract with him regarding goods or services.
1.3 Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4 Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.5 The wording of the terms and conditions may be unilaterally amended or supplemented by the seller. This does not affect the rights and obligations that arose before the effective date of such a change.
2.1 Based on the Buyer's registration made on the Website, the Buyer may access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2 When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account without undue delay in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3 When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account without undue delay in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.4. The buyer is not entitled to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 365 days, or if the buyer violates its obligations under the purchase agreement (including business conditions).
2.6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information on the minimum price of the order, the price of the goods, including the prices of individual goods and the cost of returning the goods, if these goods by their nature can not be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.
3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods applies to:
3.4.1. for delivery within the territory of the Czech Republic, if it is stated in Czech crowns,
3.4.2. for delivery within the territory of the Slovak Republic, if it is stated in euros,
3.4.3. for delivery within the territory of the other EU countries, if it is stated in euros.
3.4.4. when ordering goods in a currency not corresponding to the place (state) of delivery, the relevant amounts will be converted into the currency corresponding to the place (state) of delivery according to the current price list of the seller. 3.5. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information on: 3.5.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
3.5.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.5.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
3.6. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Confirm order" button. The data listed in the order they are deemed correct by the seller. Without undue delay after receiving the order, the Seller shall confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.7. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.8. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address. The seller is not obliged to accept the buyer's order. The seller will notify the buyer of any rejection of the order without undue delay in an appropriate manner, usually by e-mail.
3.9. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance 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, and these costs do not differ from the basic rate.
3.4. Information on prices and costs associated with the packaging and delivery of goods provided in the web interface of the shop
4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in ways that at the time of order allows the web interface of the store.
4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the possibility of payment in advance, if the buyer chooses it, and the provisions of Article 4, paragraph 4.6. these terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days of concluding the purchase contract.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the correct variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the time of crediting the relevant amount using the correct variable symbol in favor of the relevant bank account of the seller.
4.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order in accordance with Article 3, paragraph 3.7. these terms and conditions, require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other, unless the seller expressly allows it.
4.8. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address, or attach a copy of the invoice to the consignment of goods.
4.9. In cases stipulated by law, the seller is obliged to issue a receipt to the buyer and register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
5.1. The buyer acknowledges that according to the provisions § 1837 of the Civil Code may not, inter alia, withdraw from the purchase contract for the supply of goods that have been modified according to the wishes of the buyer or for him, from the purchase contract for the supply of perishable goods, as well as goods that were irretrievably mixed with other goods, from a purchase contract for the supply of goods in a sealed package which the consumer has removed from the package and for hygienic reasons cannot be returned, and from a purchase contract for the supply of an audio or video recording or computer program if he has broken their original packaging.
5.2. If this is not the case referred to in Article 5, paragraph 5.1. of these terms and conditions or in another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days of receipt of the goods. that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller's office or to the seller's e-mail address firstname.lastname@example.org.
5.3. In the event of withdrawal from the purchase agreement, the purchase agreement is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
5.4. In the event of withdrawal from the purchase contract pursuant to this article of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller in a suitable manner.
5.5. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer. The seller is also entitled to withdraw from the purchase contract in the event that the buyer does not pay the purchase price of the goods at maturity.
5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return given a gift.
6.1. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.
7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended).
7.2. The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of their advertising,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. Provisions referred to in Article 7 (7.2). of these terms and conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear and tear which the goods had if it is from the nature of the goods.
7.4. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt, unless otherwise provided by law for another period for which the goods can be used.
7.5. The buyer exercises the rights arising from defective performance with the seller at the address of his establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, or at the registered office or place of business. Complaints sent to the seller via a shipment sent by cash on delivery will not be accepted by the seller, resp. taken over.
7.6. Other 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 by paying the full purchase price of the goods.
8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
8.3. The handling of consumer complaints is provided by the seller via electronic email@example.com. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.
8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).
8.6. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
9.1. Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals 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) ( hereinafter referred to as the “GDPR Regulation”) related to the processing of the Buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating this contract and for the purposes of fulfilling the Seller's public law obligations.
10.1. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
11.1. It can be delivered to the buyer to the buyer's email address.
11.2 By agreeing to the wording of these terms and conditions, the buyer agrees with the electronic form of the tax document in the sense of § 26 paragraph 3 of the VAT Act. The buyer can take over the tax document in paper form from the seller or request its sending at the expense of the buyer through the postal service provider.
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law under the previous sentence does not deprive the consumer who is a consumer of the protection afforded to him by the provisions of the law which cannot be derogated from by contract and which would otherwise apply under Article 6 (1) of Regulation 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).
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
12.4. The appendix to the business conditions is a sample form for withdrawal from the purchase contract.
In Prague on May 1st, 2018
General: Anbio s.r.o. ID No. 288 62 112, VAT No. CZ28862112, with its registered office at Bartoškova 1368/4, 140 00 Prague 4 - Nusle, entered in the Commercial Register kept by the Municipal Court in Prague under file no. C 149731 ('the Administrator'), hereby informs that it has the status of a controller of personal data which were and will be provided to it at the time of concluding the contract and during the contractual relationship. The administrator did not appoint a data protection officer.
Personal data are processed by the Administrator for the purposes of: - keeping the data subject's user account in the online store, which is operated by the Administrator on the website located at www.anbio.cz, and an overview of the data subject's previous orders, purchase contracts, - fulfillment of public rights of the Administrator (especially bookkeeping, tax obligations, etc.) according to generally binding legal regulations, - possible enforcement of the data subject's obligations as a buyer according to the concluded purchase contract.
The legal basis for such processing of personal data is:
a) the consent of the data subject provided for the said purposes, which the data subject may revoke at any time without causing illegal processing of personal data before revoking the consent, b) their necessity to fulfill the contracts concluded with the Administrator such a contract cannot be concluded, c) their necessity for the fulfillment of legal obligations that apply to the Administrator, d) their necessity for the purposes of the legitimate interests of the Administrator, which are in particular the dissemination of information on business and other business activities of the Administrator.
"Personal data will not be passed on to any other recipients except the accounting service provider ReFiDa s.r.o. and carriers of goods, Zásilkovna s.r.o., Česká pošta a.s. and General Logistics Systems Czech Republic s.r.o. and Comgate a.s. and to the extent necessary, and will not be subject to automated decision-making or profiling. Personal data will be stored for a period of 5 years after the end of the contractual relationship and the settlement of all obligations therefrom, unless valid and effective legislation is imposed on the Storage Manager for a longer period. processing restrictions, the right to object to the processing and the right to data portability These rights can be exercised on the following contacts of the controller: Ina Koldová, executive, email: firstname.lastname@example.org, address: Bartoškova 1368/4, 140 00 Prague 4 - The data subject also has the right to lodge a complaint with the Office for Personal Data Protection.