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- Terms and conditions
1. PRELIMINARY PROVISIONS
1.1 These Terms and Conditions (the "Terms and Conditions" ), a company (hereinafter referred to as "seller" ) govern in accordance with § 1751 paragraph. 1 of Act no. 89/2012 Coll., Civil Code, as amended ( hereinafter the "Civil Code" ) mutual rights and obligations arising in connection with or pursuant to the purchase agreement (the "purchase agreement" ) concluded between the seller and another natural person (hereinafter"Buyer" ) through the online store seller. Internet shop is operated by the seller on the website located on the Internet at www.bestvirility.com (hereinafter the "Website" ), and via the website (hereinafter the "Web-based commerce" ).
1.2 Terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or person who is ordering goods in the course of their business or in their separate occupation.
1.3 Provisions derogating from the terms and conditions can be agreed upon in the sales contract. Divergent arrangements in the contract shall prevail over the terms of trade.
1.4 Provisions of the conditions are an integral part of the purchase contract. The purchase agreement and the terms and conditions are written in the English language. The purchase agreement may be concluded in the English language.
1.5 Text trading conditions may change or supplement seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
2. User ACCOUNT
1.2 Based on the registration by the purchaser on the website the buyer can access their user interface. From its user interface buyer can order goods (hereinafter referred to as "user account"). Buyers can also order goods without registration directly from the web interface business.
2.2 When you register on the website and ordering goods, the buyer is obliged to provide correct and true information. Data presented in the user account is a buyer at any change required to update. The data referred to by the buyer in the user account and ordering goods sellers are considered correct.
2.3 Access to the user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
2.4 Buyer shall not allow the use of a user account to third parties.
2.5 Seller may cancel your user account, especially if the buyer your user account for more than 2 years not used, or if the buyer breaches its obligations under the purchase contract (including terms and conditions).
2.6 Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software vendor or. necessary maintenance of hardware and software of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
1.3 All presentations of goods placed in the web interface of trade is indicative and the seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732 paragraph. 2 of the Civil Code shall not apply.
2.3 The Web Interface provides information on trade of goods, including the prices of individual goods and the cost of returning the goods if the goods by their nature can not normally be returned by post. Commodity prices are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a purchase contract under individually negotiated conditions.
3.3 Commerce web interface also contains information on the costs associated with packaging and delivery.
3.4 To order a catalog, the buyer fills an order form in the web interface business. Order form contains particular information about:
3.4.1. ordered goods (ordered goods "insert" the buyer into an electronic shopping cart business web interface)
3.4.2. method of payment of the purchase price, data on the desired method of delivery of goods ordered and
3.4.3. information on the costs associated with delivery of goods (hereinafter collectively referred to as "Order" ).
In the case of putting such a price at which it is apparent that there is an error in writing and numbers, this is not a binding price and purchase agreement has been concluded.
3.5 Before sending the order to the seller, the buyer is allowed to check and modify data in order, the buyer put, even with regard to the option buyer to detect and correct errors during data entry in order. The order sends a buyer clicking on " .................. ." The data listed in the order they are deemed correct by the seller. Seller immediately upon receipt of an order the buyer confirms receipt of e-mail, at the e-mail address listed in the buyer's user account or in the order (hereinafter referred to as "electronic address" ).
3.6 The seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
3.7 The contractual relationship between seller and buyer arises delivery order acceptance (acceptance), which is sent to the buyer by email, and the email address of the buyer.
3.8 Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding the purchase agreement (the cost of Internet access, telephone costs) paid by the buyer himself, these costs do not differ from the standard rate.
4. THE PURCHASE PRICE OF GOODS AND PAYMENT TERMS
1.4 The price of the goods and any costs associated with the delivery of goods under the purchase contract the buyer can pay the seller the following ways:
cashless payment system through Paypal ;
2.4 Together with the purchase price, the buyer is obliged to pay the costs associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, refers to the purchase price and the costs associated with delivery of goods.
3.4 The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Art. 4.6 business conditions regarding the obligation to pay the purchase price 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 goods. In the case of cashless payment of the purchase price is payable within 2 days from the purchase contract.
4.5 In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods and giving variable symbol of payment. In the case of cashless payment by the buyer to pay the purchase price at the time met the appropriate amount to the seller's account.
4.6 The seller is entitled, in particular in the event that the Buyer does not for additional confirmation (Art. 3.6), require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 paragraph. 1 of the Civil Code shall not apply.
4.7 Any discounts the price of goods by the seller to the buyer can not be combined.
4.8 If it is customary in trade relations or if so stipulated by generally binding legal regulations issued by the Seller regarding payments made under a contract buyer tax document - invoice. The tax document - invoice seller to the buyer after payment of the price of the goods and send it electronically to the email address of the buyer.
4.9 According to the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. He is also obliged to register a revenue received by the tax online; in case of technical failure, then within 48 hours.
Fifth withdrawal from the contract
1.5 Buyer acknowledges that pursuant to § 1837 of the Civil Code, not among others withdraw from the contract for the supply of goods that have been adjusted according to the wishes of the buyer or the person from the contract for the supply of goods subject to rapid deterioration, as well as goods , which has been delivered irrevocably mixed with other goods, from the purchase contract for the supply of sealed goods which the consumer from unsealed and hygiene reasons, it can not be returned and the purchase contract for the supply of audio or video recordings or computer program, if breached their original packaging.
2.5 If this is not the case under Art. 5.1 hereof, or of any other case where you can not withdraw from the contract, the buyer in accordance with § 1829 paragraph. 1 of the Civil Code, the right to withdraw from the contract, within fourteen (14 ) days of receipt of goods, in which case the contract of sale are several types of goods or the supply of several parts, this period runs from the date of receipt of the last delivery. Withdrawal from the contract seller must be sent within the deadline mentioned in the previous sentence. For withdrawal from the contract the buyer used a model form provided by the seller, annexed business conditions. Withdrawal from the contract the buyer may send inter alia, the address of the seller or the seller's e-mail address email@example.com .
3.5 In case of withdrawal from the contract pursuant to Art. 5.2 of the purchase agreement from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days from the receipt of the withdrawal from the contract seller. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned to their character usual postal route.
4.5 In case of withdrawal from the contract pursuant to Art. 5.2 seller returns funds received from the buyer within fourteen (14) days from the withdrawal from the contract the buyer in the same way as the seller from the buyer received. The seller is also entitled to return the benefits provided by the buyer has been the return of goods by the buyer or otherwise, unless the buyer will agree to and do not create additional costs to the buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before he returns buyer of goods or demonstrate that the goods the seller sent.
5.5 Claims for damage caused to the goods, the seller is entitled to unilaterally set off against the buyer's claim for refund of the purchase price.
5.6 In cases where a buyer in accordance with § 1829 paragraph. 1 of the Civil Code, the right to withdraw from the contract, the seller is also entitled at any time withdraw from the contract, up to the time of receipt of the goods. In this case, the seller will return the purchase price to the buyer without undue delay, and bank transfer to an account designated by the buyer.
5.7 If together with the goods provided the buyer a gift, the gift agreement between buyer and seller concluded with a condition subsequent that if there is a withdrawal from the contract the buyer loses gift agreement regarding such a gift effectiveness and the buyer is required along with the goods seller also return provided gift.
6. TRANSPORTATION AND DELIVERY
1.6 In the event that the mode of transport is negotiated based on the special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
2.6 If the seller under the purchase contract must deliver the goods at the place designated by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.
3.6 In the event that the reasons for which the purchaser must deliver the goods repeatedly or in any other way than stated in the order, the buyer shall pay the costs associated with repeated delivery of goods, respectively. costs associated with other delivery method.
4.6 When taking the goods from the carrier the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In the event of a breach of the reunion package indicative of unauthorized intrusion into consignment buyer may not take shipment from the carrier.
5.6 Other rights and obligations of the parties in the transport of goods that can modify the special delivery conditions of the seller, if the seller issued.
7. RIGHTS OF defective performance
1.7 The rights and obligations of the parties regarding the rights of defective performance is governed by generally binding regulations (in particular the provisions of § 1914-1925, § 2099-2117 and 2161-2174 § Civil Code and Act no. 634/1992 Coll., On Consumer Protection, as amended).
2.7 The seller is liable to the buyer that the goods on delivery no defects. In particular, the seller is liable to the purchaser at the time when the buyer took the goods:
7.2.1. the goods are qualities that the parties have negotiated, and if there is no agreement, it has characteristics which the seller or manufacturer has described or that buyers expect with regard to the nature of the goods and based on advertising they carry.
7.2.2. the goods are fit for the purpose which for its use or selling lists to which goods of the same type are normally used
7.2.3. Product corresponds to the quality or making the agreed sample or template, if it was determined the quality or performance contracted by sample or template,
7.2.4. the goods in appropriate quantity, measure or weight and
7.2.5. the goods comply with the legal requirements.
3.7 The provisions referred to in Art. 7.2 business conditions do not apply to goods sold at a lower price to the defect for which the lower price was negotiated to wear and tear caused by its common use, for used goods for defects caused by use or wear that goods had to take over buyer, or if it appears that the nature of the goods.
4.7 Effect if the defect within six months of receipt, it is considered that the product was defective already upon receipt. The buyer is entitled to exercise the right of defect that occurs in the consumer goods during the twenty-four months from the receipt.
5.7 The rights of the purchaser exercises defective performance by the seller at his establishment, which is possible taking into account the assortment of goods sold, possibly at the seat or place of business.
6.7 Other rights and obligations of the parties relating to the liability of the seller for defects can modify the complaints procedure of the seller.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
1.8 The buyer acquires ownership of the goods by paying the entire purchase price.
2.8 Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code.
3.8 Consumer Complaints provides sellers through electronic address firstname.lastname@example.org. Information on the settlement of the complaint buyer sends the seller to the buyer's email address.
9. PROTECTION OF PERSONAL DATA
1.9 The seller handles the personal information of the buyer.
10. Final Provisions
1.10 If the relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
2.10 Choice of law under this Article of business conditions, consumers are not deprived of the protection afforded by the provisions of the rule of law, which can not be derogated from by agreement, and that would be in the absence of choice otherwise used in accordance with the provisions of Art. 6, paragraph. 1 Regulation of the European Parliament and of the Council (EC) no. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
3.10 If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision a provision whose meaning is invalid provision comes closest. The invalidity or unenforceability of one provision shall not affect the validity of the remaining provisions.
4.10 The purchase agreement including terms and conditions the seller is archived in electronic form and is not accessible.
5.10 Attachment business conditions form a model form for withdrawal from the contract.