Business Terms and Conditions of E-shop www.tcm-herbs.com
TCM Herbs, s.r.o., Id. No.: 260 42 088, with its registered office at U Černé věže 315/6, 370 01 České Budějovice, registered in the Commercial Register kept by the Regional Court in České Budějovice, Section C, File 10832 (hereinafter the “Seller”).
- Who we are
- The Seller operates an e-shop at the website www.tcm-herbs.com (hereinafter the “E-shop”) which offers natural herbal products. The Seller is concerned with traditional Chinese medicine and with import, export, retail sale and wholesale of herbal products, as well as with distribution and direct mail services, publishing activity, organising trainings and consultancy services in the area of traditional Chinese medicine.
- The use of the E-shop, the purchase of goods offered at the E-shop and the related contractual relationships arising between the Seller on the one part and the buyer on the other part shall be governed by these Business Terms and Conditions and by Act No. 89/2012 Sb., the Civil Code.
- Conclusion of Purchase Agreement
- To order goods, the buyer shall complete an order form at the E-shop’s web interface which contains in particular information on:
- the goods,
- the price,
- the method of payment of the purchase price of the goods,
- information on the required method of delivery of the goods, and
- information on the costs associated with delivery of the goods (hereinafter the “Purchase Order”).
- Prior to sending the Purchase Order to the Seller, the buyer shall be allowed to check and change the details contained in the Purchase Order for the purpose of its inspection. When completing the Purchase Order, the buyer may browse the individual parts of the order form using the “Back” and “Continue” buttons. The order form shall be sent to the Seller by clicking the “Send Purchase Order” button. The Seller considers the details in the Purchase Order to be up-to-date, correct and accurate.
- Immediately after receipt of the Purchase Order, the Seller shall confirm receipt thereof to the buyer via electronic mail to the e-mail address specified by the buyer in the user account or in the Purchase Order.
- The Seller shall be entitled to contact the buyer with a request for additional confirmation of the Purchase Order with regard to the character of the Purchase Order.
- The Purchase Agreement is concluded between the Seller and the buyer upon delivery of confirmation of acceptance of the Purchase Order which, according to paragraph 2.2. of the Business Terms and Conditions, is sent to the e-mail address specified by the buyer.
- The costs of using the means of communication incurred in connection with negotiation on the conclusion of the Purchase Agreement shall be borne by the buyer and these costs are not different from the basic rate.
- The goods shall be delivered to the buyer within 30 days of conclusion of the Purchase Agreement. The Seller reserves the right to withdraw from the Purchase Agreement if the ordered goods are not in stock and the stock is not replenished within 30 days of conclusion of the Purchase Agreement.
- User Account
- After registration, the buyer will have access to the user interface where s/he may place orders for the goods. The buyer may order the goods also without registration directly from the E-shop’s interface.
- During registration at the E-shop, the buyer is obliged to specify all personal data correctly and truthfully. In case of any change when the provided data no longer correspond to reality, the buyer is obliged to update his/her personal data in the user account. The personal data specified in the user account are considered by the Seller to be correct.
- The access to the user account is secured by a user name and a password. The buyer may neither disclose the access details to any third parties nor allow them to use his/her user account.
- The buyer acknowledges that the user account does not have to be available continuously, in particular with regard to regular maintenance of hardware and software of the Seller or third parties.
- Payment and delivery
- The price of goods and the costs associated with its packaging and delivery are paid by the buyer by credit card. If the form of payment card is chosen, the purchase price is paid directly at the E-shop
- The Seller shall issue a tax receipt – invoice to the buyer and shall send it to the buyer together with the goods. The Seller is a value added tax payer.
- If the Seller is obliged under the Purchase Agreement to deliver the goods to a place designated by the buyer, then the buyer or a person designated by the buyer is obliged to accept the goods upon delivery. If the goods are not accepted by the buyer – consumer, even within an appropriate grace period, the buyer – consumer shall be deemed to have withdrawn from the Purchase Agreement.
- If the consignment containing the goods is returned as a result of the buyer’s failure to collect it, the buyer is obliged, in case of a repeated request for delivery, to pay the new postal charges in full. Such costs shall be borne by the buyer. If, even in this case, the buyer – consumer withdraws from the Agreement , the postage and packing costs shall be borne by the buyer.
- Upon acceptance of the goods, the buyer shall be obliged to check whether the packaging of the goods are intact and to immediately report any damage to the carrier and the Seller.
- According to the Act on Registration of Sales, the Seller shall be obliged to issue a receipt to the buyer. The Seller shall also record the received sales on-line with the tax administrator; in case of a technical failure, the Seller shall do so not later than within 48 hours.
- Rights Following from Defective Performance
- The Seller shall be liable to the buyer for defect-free quality of the goods upon dispatch thereof.
- he Seller represents that:
- the goods has properties specified in the product description,
- the goods are fit for the purpose for which such type of goods is usually used,
- the goods meet the appropriate quantity or weight, and
- meets the requirements stipulated in the legal regulations.
- The provisions of paragraph 5.2 of the Business Terms and Conditions shall not apply to goods offered for lower price due to a defect as a result of which the price of the goods was reduced.
- The buyer may exercise the right following from a defect of the goods within 24 months of acceptance of the goods. However, the buyer must exercise the right following from defective performance without undue delay after the defect appeared. If the buyer fails to exercise the right following from defective performance immediately after the defect appeared, the Seller shall not be liable for any increase in the extent of damage if the buyer uses the goods despite being aware of the defect.
- If the defect of the goods is manifested within 6 months of their acceptance, the goods shall be deemed to have been defective already upon the acceptance thereof. If the buyer justifiably exercises the right following from defective performance, the time limit for exercising rights following from defective goods shall not run as long as the buyer is unable to use the goods.
- The time limit for exercising rights following from defective performance does not correspond to the service life of the goods. The service life is stipulated separately and independent of the above time limit.
- If, upon acceptance by the buyer, the goods does not have the properties specified in paragraphs 5.2.1. through 5.2.4. of these Business Terms and Conditions, the buyer shall be entitled to delivery of new goods free of defects, unless this is disproportionate given the nature of the defects.
- If the defect pertains only to a component of the goods, the buyer may demand replacement of only that component. If the replacement of the component is not possible, the buyer may withdraw from the Purchase Agreement and demand refund of full purchase price. However, if this is disproportionate given the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer may demand that the defect be remedied free of charge.
- If the buyer does not withdraw from the purchase Agreement or does not exercise the right to delivery of new goods free of defects, the right to have a component of the goods replaced or repaired, the buyer shall be entitled to demand a reasonable discount on the purchase price. The buyer shall also be entitled to a reasonable discount if the Seller is unable to deliver new goods to the buyer free of defects, replace a component of the goods or repair the goods, as well as if the Seller fails to provide for a remedy within an appropriate grace period or if providing for a remedy would result in serious difficulties for the buyer.
- A defect is considered to be material breach of the Agreement if the buyer wouldn’t have concluded the Purchase Agreement had s/he known about the defect at the time of concluding the Purchase Agreement. Otherwise, any defect is a immaterial defect.
- If a defect constitutes material breach of the Agreement, it establishes the buyer’s right, at his/her own choice, to delivery of a new item, repair of the goods, reasonable discount on the price of the goods or to withdraw from the Purchase Agreement, including the right to a refund of the purchase price in full.
- If the defect constitutes immaterial breach of the Agreement, the buyer shall be entitled to a reasonable discount.
- If the buyer is unable to properly use the item due to recurrence after a defect has been claimed or due to multiple defects, the buyer shall be entitled, regardless of nature of the defect, to delivery of a new item free of defects, replacement of defective component, discount on the price or withdrawal from the Agreement.
- The Seller shall not be liable for defects of the goods if:
- the goods had the defect already at the time of acceptance and the goods were sold as defective with a discount due to such defect,
- the defect resulted from improper handling of the goods by the buyer, in particular from improper use, storage or damage by the buyer,
- the defect to the item resulted from regular wear and tear e.g. upon expiry of service life
- the defect resulted from an external influence that was beyond the Seller’s control.
- The buyer shall have the right to claim defects of the goods, after prior agreement by telephone, at Hlinská 415/23, 370 01 České Budějovice.
- The Seller shall assess the claim of the goods immediately or, in more complicated cases, within 3 business days. The time required for professional assessment of the defect is not included in the above time period. The claim, including remedying the defect, must be processed within 30 days of the date of exercising the claim, unless the Seller and the buyer agreed on a longer time period. If the Seller fails to process the claim within the warranty period and if the Seller and the buyer did not agree on a longer period, then the Seller has materially breached the Agreement and the buyer is entitled to withdraw from the Agreement.
- The buyer shall not be entitled, without the Seller’s consent, to change the selected method of claim processing except when the selected method cannot be at all or in due time implemented.
- The Seller shall issue to the buyer a written confirmation as to when the buyer exercised the claim, what’s the content of the claim and what method of claim processing the buyer demands. The confirmation further contains information on the date and method of processing of the claim or, possibly, written grounds for rejecting the claim. The buyer shall be obliged to collect the claimed goods within 30 days of the date on which the claim was to be processed at the latest. Upon expiry of the above deadline to no effect, the Seller shall be entitled to charge reasonable costs of storage or to sell the goods at the buyer’s expense about which the Seller has to inform the buyer in advance and provide the buyer with additional grace period to collect the goods.
- Protection of Personal Data
The processes the following personal data within the meaning 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) (hereinafter the “Regulation”)
as part of user account registration:
- name, surname, title
- e-mail address
- telephone number
- address/registered office
as part of conclusion of the Purchase Agreement:
- name, surname
- e-mail address
- telephone number
- address/registered office.
The name, surname, address, registered office, telephone number and e-mail address must be processed in order to process purchase orders and other performances following from the Agreement, provided that such Agreement is concluded between you and the Seller. Such personal data processing is permitted by Art. 6(1)(b) of the Regulation – processing necessary for the performance of a contract.
The Seller processes such data also for the purpose of contract records and possible future exercise and protection of the rights and obligations of the parties. Personal data shall be preserved and processed for the above-specified purpose for a period of 10 years of implementation of the last part of the performance, unless other legal regulation requires longer period of preservation of the contractual documentation. Such processing is permitted based on Art. 6(1)(f) of the Regulation – processing necessary for the purposes of the legitimate interests pursued by the controller.
If no Agreement is concluded between you and the Seller, TCM Herbs shall process your name and surname, e-mail address, telephone number, address/registered office for the purpose of administration of your user account. Such processing is possible based on consent granted by you and it is permitted by Art. 6(1)(a) of the Regulation. TCM Herbs shall process such personal data over the term of active use by you of the account, but at least for a period of 3 years of establishment of the account.
New products and other commercial communications shall be sent to the registered user/buyer’s e-mail address; this procedure is permitted by Section 7(3) of Act No. 480/2004 Sb., on certain information society services, unless rejected by the registered user/buyer. It is possible to unsubscribe from sending these communications at any time and in any way – e.g. by sending an e-mail or by clicking a link in the commercial communication.
Personal data are processed by TCM Herbs, s.r.o., i.e. the data controller. Personal data (e-mail, name, surname in the framework of e-mail marketing and cookies in the framework of PPC campaigns) are also processed for the above company by the processor - web provider: B Creative s.r.o., with its registered office at Jugoslávských partyzánů 679/16, Prague 160 00, Id. No. 03486605, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 232354 C, Municipal Court in Prague. www.bcreative.cz.
According to the Regulation, the buyer has the right to:
- cancel sending of commercial communications at any time,
- revoke the consent to personal data processing for the purpose of registration at any time which, however, may result in cancellation of the user account,
- object to processing on the basis of the Seller’s legitimate interest,
- require information from the Seller as to which of his/her personal data the Seller processes,
- require the Seller to grant access to such data and have them updated or corrected and/or to demand restriction of processing,
- require the Seller to erase such personal data and the data will be erased unless this is at variance with the applicable legal regulations or legitimate interests of the Seller,
- data portability and the right to demand a copy of the processed personal data,
- effective judicial protection if the buyer believes that his/her rights under the Regulation have been violated as a result of processing his/her personal data at variance with the Regulation,
- lodge complaint with the Office for Personal Data Protection.
- The provisions of this Article shall only apply if the buyer enters into the contractual relationship with the Seller solely as a consumer, i.e. person acting vis-a-vis the Seller outside the framework of his/her business activity or individual performance of his/her profession.
- The buyer shall be entitled to withdraw from the Purchase Agreement within 14 days of the date of acceptance of the goods by the buyer or by a person designated by the buyer (other than the carrier). The notice of withdrawal must be sent to the Seller within the above time period. If the notice of withdrawal from the Purchase Agreement is sent after the time period of 14 days of acceptance of the goods, the notice shall not take effect and the Purchase Agreement shall continue to be effective.
- The buyer may send the notice of withdrawal from the Purchase Agreement to the Seller by e-mail to the Seller’s electronic address or physically by mail to the Seller’s address specified at the beginning of these Business Terms and Conditions. The buyer may withdraw from Purchase Agreement using a sample form provided by the Seller which is attached to these Business Terms and Conditions.
- If the buyer withdraws from the Purchase Agreement, s/he must return the goods to the Seller without delay, not later than within 14 days of withdrawal from the Purchase Agreement.
- If the buyer withdraws from the Purchase Agreement, the Seller shall return to the buyer the funds that the Seller received from the buyer for the relevant Purchase Order, including the postal and packing charges, upon delivery of the goods or in any other way at the buyer’s option which will not encumber the Seller with unreasonable costs. The buyer hereby grants consent to sending the purchase price (and accessions) into the bank account provided to the Seller upon withdrawal from the Agreement or upon the Seller’s subsequent request.
- The Seller shall be obliged to return the purchase price (and accessions) without undue delay, not later than within 14 days of the buyer’s withdrawal. However, the Seller shall not be obliged to return the purchase price before the goods have been delivered to the Seller or before the buyer has demonstrated that the goods had been dispatched.
- In case of withdrawal from the Agreement, the costs of returning the goods shall be borne by the buyer.
- The buyer acknowledges that in case of withdrawal from the Purchase Agreement the goods must returned unopened and undamaged so that the goods can be further resold. Otherwise, the purchase price returned to the buyer shall be reduced by the impairment value of the goods and it holds that in case of opened packaging the goods cannot be further resold by the Seller.
- If a gift is sent to the buyer together with the goods, this constitutes conclusion of a contract of donation between the Seller and the buyer subject to a condition subsequent that if the buyer withdraws from the Purchase Agreement the contract of donation concerning such a gift ceases effect and the buyer is obliged to return the gift together with the goods.
- Pursuant to Act No. 634/1992 Sb., on consumer protection, the buyer is entitled to out-of-court resolution of a consumer dispute following from the Agreement. In such case, the buyer shall be entitled to contact the Czech Trade Inspectorate, (Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, e-mail: firstname.lastname@example.org,web: adr.coi.cz). Out-of-court resolution of a consumer dispute is initiated exclusively upon the buyer’s proposal if the resolution of the dispute directly with the Seller was unsuccessful. The proposal may be lodged not later than within 1 year of the date on which the buyer exercised his/her right forming the subject of the dispute with the Seller for the first time. The buyer shall be entitled to initiate out-of-court resolution of the dispute on-line through the ODR platform available at ec.europa.eu/consumers/odr/.
- Final Provision
- The buyer shall be obliged to respect the recommended dosing and method of use which is specified on the individual packagings of the products.
- The buyer acknowledges that the goods do not represent registered pharmaceutical product within the meaning of Act No. 79/1997 Sb., on pharmaceuticals.
- The Seller reserves the right to change the Business Terms and Conditions.
- If the buyer failed to accept the goods on more than two occasions or withdrew from the Purchase Agreement on more than two occasions during a period of 6 months, the Seller reserves the right not to conclude the Purchase Agreement with such entity.
- If the contractual relationship contains an international element, the parties agree that the Czech laws shall prevail.
- The parties have agreed to resolve any disputes amicably. If the dispute is not resolved amicably, the parties have agreed that the Czech courts are competent to hear any disputes following from the contractual relationship.
- If any of the provisions of these Business Terms and Conditions is or becomes invalid or ineffective, such invalidity or ineffectiveness shall in no way affect the validity of the remaining provisions.
- These Business Terms and Conditions shall enter into effect on 1 August 2017.
9. Shipping cost
Annex to the Business Terms and Conditions: Sample Form for Withdrawal from the Agreement
(fill and return the form only if you wish to withdraw from the Agreement)
Notice of Withdrawal from the Agreement
- Recipient (specify the entrepreneur’s name and surname/business name, address of the registered office and/or entrepreneur’s fax number and e-mail address here):
- I/we inform you (*) that I/we hereby withdraw (*) from the agreement on purchase of these goods (*)/on provision of these services (*)
- Order date (*)/delivery date (*)
- Name and surname of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is sent in paper form)
(*) Cross out where not applicable or supplement.