The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Contract, are governed by these Terms and Conditions (hereinafter referred to as "Terms and Conditions").
Definition of Terms and Conditions.
"E-shop" means a computer program - an Internet application available on the Internet via the Internet address www.testedonhumans.cz, the main functionality of which is the display, selection and ordering of goods by the User;
"Purchase Contract" means a purchase contract within the meaning of § 2079 et seq. of the Civil Code concluded between the Operator as a seller and the User as a buyer via the E-shop;
"Shopping Cart" means the part of the E-shop that is automatically generated by the activation of the relevant functions by the User as part of his/her actions in the user environment of the E-shop, in particular by adding or removing Goods and/or changing the quantity of the selected Goods;
"Civil Code" means Act No. 89/2012 Coll., Civil Code, as amended;
"Operator" means the company Pedro Rozenkraft, s.r.o., ID No.: 246 69 598, with registered office at U Výstaviště 19, 170 00 Prague 7;
"Access Data" means the unique login name and password assigned to it entered by the User into the E-shop database during Registration;
"Registration" means the electronic registration of the User to the E-shop database by filling in at least the mandatory registration data in the E-shop user interface and the Access Data and their subsequent storage in the E-shop database;
"Consumer" means a User - a person who, outside the scope of his/her business activity or outside the scope of independent exercise of his/her profession, concludes a Contract with the Operator or otherwise deals with the Operator;
"User" means any legal or natural person who uses the E-shop;
"User Account" means the part of the E-shop that is set up for each User by Registration (i.e. is unique for each User) and made available after entering the Access Data;
"Goods" means the item offered by the Operator for sale to the User via the E-shop and, if offered in addition to the Goods, the licence to use the item;
Pre-contractual information for the Consumer
With respect to the price of the Goods and the cost of shipping and other charges, the following shall apply:
The prices of the Goods, Services and Licensed Content provided on the Website are quoted inclusive and exclusive of VAT, including any charges provided for by law; however, the cost of delivery of the Goods or Services varies according to the method and provider of transport chosen and the method of payment. The agreed price does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the agreed price; such costs shall be borne solely by the User.
In the event of withdrawal from the contract, the Consumer shall bear the costs of returning the Goods and, in the case of a contract concluded by means of distance communication, the costs of returning the Goods if they cannot be returned by normal postal means due to their nature.
For withdrawal from the contract, the following applies:
The Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods, in accordance with the provisions of Section 1829(1) of the Civil Code. In the event that the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Contract must be sent to the Operator (as the Seller) within the period specified in this paragraph.
You shall send the withdrawal at your own expense to the Operator at the address Pedro Rozenkraft, s.r.o., Mírová 1213, 25230 Řevnice.
The Consumer is obliged to send the withdrawal from the given Purchase Contract back to the Operator without undue delay, no later than 14 days from the date on which the withdrawal was made, or to hand it over to the Operator at the address of the Operator's premises or registered office. The time limit shall be deemed to have been observed even if the Goods are sent to the Operator no later than the last day of the aforementioned period.
The Consumer shall be obliged to pay a pro rata part of the price in the event of withdrawal from the contract, the subject of which is the provision of services and the performance of which has already begun.
If the Consumer withdraws from the Purchase Contract, he/she is obliged to provide in writing his/her bank account number for the refund of the purchase price for the Goods, which may be reduced if the legal grounds for this are fulfilled.
If the Consumer withdraws from the Purchase Contract in respect of Goods which are returned to the Operator damaged and/or worn, in particular if the original markings of the Goods (i.e. tags, stickers, etc.) are removed, the Consumer shall reimburse the Operator for the cost of restoring the Goods to their original condition.
The form for withdrawal from the Purchase Contract is attached as Annex 1 to these Terms and Conditions.
The Consumer shall be liable to the Operator for any reduction in the value of the Goods as a result of handling the Goods in a manner other than that necessary to become familiar with the nature and characteristics of the Goods, including their functionality.
The Operator uses the possibility of out-of-court settlement of consumer
In the event of a complaint, Consumers may contact the relevant employee of the Operator free of charge via the e-mail address firstname.lastname@example.org. They may also contact the supervisory authority or the state supervisory authority. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions set out in the relevant legislation.
Process of concluding the Contract
The Operator offers Users to conclude a Purchase Contract through the E-shop. The Operator's offer to conclude the Purchase Contract is the display of a button marked "Add to Cart" in the user interface of the E-shop.
The User's unconditional acceptance of the Operator's offer to conclude the Purchase Agreement pursuant to paragraph 3.1 of these Terms and Conditions shall be deemed to be the User's clicking on the button marked "Pay".
The unconditional acceptance of the offer under paragraph 3.2 of these Terms and Conditions constitutes the conclusion of the Purchase Agreement.
The Contract is concluded at the moment when the electronic information about the click on the button within the meaning of paragraph 3.2 by the User reaches the server where the E-shop is installed via the Internet.
The User undertakes to fill in the relevant text fields in the user interface of the E-shop with true and complete data, in particular his e-mail address, identification data and, where applicable, delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him/her to be correct and complete and is not entitled to check the data entered.
The Operator will send the User an e-mail message about the conclusion of the Purchase Agreement to the e-mail address entered by the User in the relevant field in the user environment of the E-shop.
All Goods presented within the user environment of the E-shop are for information purposes only and the Operator is not obliged to conclude a Contract regarding these Goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
Upon conclusion of the Purchase Agreement, the following provisions shall come into force:
The User purchases from the Operator the Goods that the User has selected in the user interface of the E-shop by inserting them into the Shopping Cart, in the quantity that the User has selected and/or set for the Goods in the user interface of the E-shop, and the User undertakes to pay the Operator for the Goods the price that is indicated for such Goods in the user interface of the E-shop.
The Operator shall have the right to withdraw from the Purchase Contract for any reason or no reason until the Goods are dispatched to the User. The withdrawal from the Purchase Contract shall also be deemed to be a legal action of the Operator consisting in notifying the User that the Goods ordered by him cannot be delivered.
The Operator is entitled to ask the User for additional order confirmation at any time and, until it receives order confirmation from the User, it is entitled to delay the dispatch of the Goods to the User.
The method of packaging of the Goods shall be determined solely by the Operator; the provisions of Section 2097 of the Civil Code are hereby excluded.
The User is obliged to pay to the Operator the costs associated with the packaging and delivery of the goods to the User, in the amount indicated for the order in the Portal user environment.
The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and, if applicable, other monetary benefits to the Operator.
If any of the payment methods contains information about the cost of making such payment, the User is obliged to bear the cost of making such payment, which is indicated for the given payment in the user environment of the E-shop.
In the case of non-cash payment by bank transfer, the User is obliged to indicate the variable symbol specified by the Operator.
In the case of a non-cash payment, the User's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Operator's bank account.
The Operator has the right to grant the User a discount on the price of the Goods. Discounts on the price of the Goods cannot be combined with each other unless expressly stated otherwise.
The purchase price for the Goods does not include any payments, fees or other charges that the User has to incur for services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are solely the User's costs.
The Operator retains title to the Goods subject to the Purchase Agreement until the User has paid the purchase price for the Goods in full.
The Operator undertakes to deliver the Goods to the User within a reasonable time after the conclusion of the Purchase Agreement. All delivery times for the Goods indicated in the user interface of the E-shop are indicative only.
The Operator shall always send the User a tax document - invoice in electronic form to the User's email address entered in the User interface of the E-shop during the order.
If the Operator provides the User with a gift together with the Goods, the gift contract between the User and the Operator is concluded with the condition that if the Purchase Contract is terminated (e.g. due to withdrawal from the Purchase Contract), the gift contract shall be terminated without further delay together with the Purchase Contract and the User shall be obliged to return the gift together with the Goods to the Operator.
The User is entitled to exercise the right to withdraw from the contract and the rights arising from defective performance at the Operator's registered office. The moment when the Operator receives the Goods from the User is considered the moment when the claim is made.
If the Goods are indicated as used within the user interface of the E-shop, the User shall purchase the Goods in used condition, including the indicated defects of such Goods.
The risk of loss, damage and/or destruction of the Goods subject to the Purchase Contract shall pass to the User who is a Consumer upon receipt of the Goods by the User.
The risk of loss, damage and/or destruction of the Goods subject to the Contract shall pass to the User who is not a Consumer at the moment of receipt of the Goods by the User.
The User has the right to create a User Account by registering.
The User is obliged to enter the Access Data before entering the User Account.
The User's Identification Data entered during Registration shall be deemed to be the data entered during the order of each Goods made by the User after logging into his User Account.
The User shall not provide third parties with Access Credentials or any other access to the User Account. The User shall take all reasonable measures to keep them confidential. The User shall be fully liable for any unauthorized use of such Access Credentials or User Account and for any damage so caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the User shall immediately notify the Operator. The Operator shall provide the User with new access data within a reasonable period of time.
In case of User's registration, the conditions of § 1752 paragraph 1 of the Civil Code are fulfilled and the Operator is entitled to unilaterally change these Terms and Conditions; it shall notify the User of the change via the E-shop and/or by e-mail to the User's e-mail address entered into the E-shop database. The User shall have the right to reject the changes to the Terms and Conditions within 2 days from the first login to the User's account after the notification of the change to the Terms and Conditions (if delivered via the E-shop) or from the delivery of the e-mail message to the User's e-mail box (if delivered via e-mail) and to terminate the obligation for this reason within a notice period of 2 days, which the parties agree is sufficient to procure similar performance from another supplier.
The Operator shall be liable to the Consumer that the Goods are free from defects on receipt.
If the Goods contain defects, the Consumer shall have the right to demand delivery of new Goods without defects, unless this is unreasonable in view of the nature of the defect, but if the defect relates only to a part of the Goods, the Consumer may only demand replacement of that part; if this is not possible, the Consumer shall have the right to withdraw from the Purchase Contract.
The Consumer is also entitled to the delivery of new Goods or the replacement of a component in the event of a removable defect, if the Goods cannot be used properly due to the recurrence of the defect after repair or due to multiple defects. In this case, the Consumer has the right to withdraw from the Purchase Contract.
If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to delivery of new Goods without defects or to replacement of its parts or to repair of the Goods, the Consumer may demand a reasonable discount. The Consumer is also entitled to a reasonable discount if the Operator cannot deliver new Goods without defects, replace a part of the Goods or repair the Goods, as well as if the Operator fails to remedy the defect within a reasonable time or if the remedy would cause the Consumer significant difficulties.
The Consumer shall not be entitled to the right of defective performance if the Consumer knew that the Goods were defective before taking delivery of the Goods or if the Consumer caused the defect.
The Operator's liability for defects in the Goods shall not apply to wear and tear of the Goods caused by their normal use, in the case of Goods sold at a lower purchase price to the defect for which the lower purchase price was agreed, in the case of used Goods to the defect corresponding to the degree of use or wear and tear that the Goods had when taken over by the Consumer, or if this results from the nature of the Goods.
If the Goods are guaranteed, the Consumer has the right to claim liability for defective performance within the guarantee period.
Claims for Goods, including the removal of defects in the Goods, must be settled without undue delay, no later than 30 days from the date of the claim, unless the Operator and the Consumer agree on a longer period. After the expiry of this period, the Consumer shall have the same rights as if it were a material breach of the Contract.
The time limit for the settlement of the claim shall be suspended in the event that the Operator has not received all the documents necessary for the settlement of the claim, until the documents are delivered.
The Operator or its designee shall invite the Consumer to take delivery of the repaired Goods after the claim has been properly processed.
The right to exercise the rights arising from the defects of the Goods shall be extinguished in the event of unprofessional assembly or unprofessional commissioning of the Goods, as well as in the event of unprofessional handling, i.e. in particular in the event of using the Goods