General Terms and Conditions

1 Conclusion of the contract

1. For all business relations between Meditační nástroje s.r.o., Klíčnov 50, 468 02 Pulečný, Czech republic (hereinafter referred to as "Seller") and the Customer, the following Terms and Conditions apply in their currently valid version and are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., Customers may be both entrepreneurs and consumers. A consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed, for the most part, to their business or self-employment. An entrepreneur is any natural or legal person or legally qualified group of persons who, when entering into a legal transaction, acts in the course of their business or self-employed activity.
2. The presentation of products in the online shop does not constitute a legally binding offer, but only a non-binding online catalogue of the range of goods. By clicking on the "Buy" button, the Customer sends a binding order of goods from his shopping cart. Immediately after the order is sent, the order is confirmed. The purchase contract is only concluded by means of a separate order confirmation by the Seller. The Seller stores the text of the contract and sends the Customer the order details and the Terms and Conditions via e-mail. After entering the login, the Customer has the possibility to view all his previous orders.
   It is also possible to place an order by email: info@meditacninastroje.cz. Where the Customer specifies the desired goods, type and number of pieces. The price and delivery time will be confirmed to the Customer in writing by reply to this email.
3. The Company reserves the right not to receive the promised performance in the event that, after the conclusion of the contract, the relevant goods turn out to be unavailable, although a corresponding performance commitment has been made. In this case, the Customer will be informed of this fact immediately. Any consideration already made will be refunded without delay. Any further claims against the company are excluded.
4. The language of the contract is Czech.
5. The Customer may cancel the order until the Customer has received notification of acceptance of the order by the Seller. The Customer may cancel the order
   by telephone to the telephone number or email of the Seller specified in these Terms and Conditions.
6. In the event that there is an obvious technical error on the part of the Seller in quoting the price of the goods in the online shop, or during the ordering process, the Seller is not obliged to deliver the goods to the Customer at that clearly erroneous price. The Seller informs the Customer of the error without undue delay and sends the Customer an amended offer to his email address. The amended offer shall be deemed to be a new proposal for a purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt to the Customer at the Seller's email address. 

2 Customer Account

1. Based on the registration of the Customer made in the online shop, the Customer can access his/her customer account. The Customer can order goods from his/her customer account. The Customer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the Customer is obliged to provide all information correctly and truthfully. The Customer is obliged to update the information provided in the customer account whenever it changes. The information provided by the Customer in the Customer account and when ordering goods is considered correct by the Seller.
3. Access to the Customer's account is secured by a username and password. The Customer is obliged to maintain confidentiality regarding the information necessary to access his/her customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
4. The Customer is not entitled to allow third parties to use the Customer Account.
5. The Seller may cancel the user account, in particular if the Customer no longer uses his/her user account or if the Customer breaches his/her obligations under the Purchase Agreement and these General Terms and Conditions.
6. The Customer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller or the necessary maintenance of hardware and software equipment of third parties.

3 Delivery terms

1. The Goods shall be delivered to the delivery address specified by the Customer in the order or to the delivery address specified in the registration of the Customer's account.
2. All prices are inclusive of VAT, plus any packaging and delivery costs.
3. Delivery within the Czech Republic is charged 289 CZK. For deliveries to other EU countries, the Customer's shipping charges are calculated individually according to the specific size and weight of the package of his order. The price of shipping outside the EU is first sent to the Customer for confirmation.
4. The Customer or a person authorised by the Customer is obliged to check the goods immediately after receipt to ensure that the goods have not suffered any damage in transit. The Customer must have any detectable damage to the goods or any damage to the packaging of the goods confirmed in writing by the carrier upon receipt and then reported to the shipping company.
5. Customers are also requested to report any apparently recognisable damages incurred during shipment to us immediately. In the event that for reasons on the Customer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Customer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

4 Legal right of withdrawal

1. Right of withdrawal
   The Customer has the right to withdraw from the contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the date on which the Customer or a third party authorised by the Customer, other than the carrier, has taken possession of the last part of the goods.
   If the Customer wishes to exercise his right of withdrawal, he must inform us ( ) of his decision to withdraw from the contract by means of an unequivocal statement (e.g. by letter sent by post or ideally by e-mail). He can use the enclosed sample withdrawal form, but this is not a requirement.
   In order to meet the deadline, it is sufficient if the Customer sends a notification of his intention to exercise the right of withdrawal before the deadline expires.
   If the Customer withdraws from this Contract, we must refund all monies received, including any freight charges (excluding any additional costs incurred as a result of the Customer's decision to have the goods delivered by a method other than the standard method), to the Customer without delay and no later than fourteen days from the date on which we received the Customer's notice of withdrawal. We will use the same means of payment used by the Customer in the original transaction for this refund, unless otherwise expressly agreed. However, in no event will any charges be added for this refund to the Customer. We may refuse a refund until we receive the returned goods or the Customer provides us with proof that they have already shipped the goods, whichever is sooner.
   The Customer must send or hand back the goods to us promptly, but in any event no later than fourteen days from the date on which they notify us of their withdrawal from this contract. 
2. Exclusion of the right of withdrawal - The right of withdrawal does not apply to goods which have not been manufactured in advance and for the manufacture of which the Customer's individual choiceand instructions were decisive or which have been clearly adapted to the personal needs of the consumer,

5 Warranty and compensation

1. Defects or damage caused by the Customer or a third party through improper handling or installation, as well as through the use of unsuitable accessories or the alteration of original parts, are excluded from the warranty.
2. Furthermore, the warranty does not cover wear and tear caused by normal use, including changes in appearance.
3. If the Customer knowingly accepts defective goods or the subject of the order, he shall only be entitled to warranty claims to the extent set out below if he expressly reserves them in writing immediately upon receipt of the goods.
4. Claims for damages caused by damage to the shipment in transit shall only be due to the Customer if he has inspected the shipment and complied with the notification obligation referred to in clause 2.
5. The warranty period for new goods is 24 months. This period starts from the moment of receipt of the complete shipment. If the Customer is an entrepreneur, the warranty period for new goods is 12 months.
6. The Seller is obliged to accept the claim at the registered office or place of business. The Seller is obliged to issue the Customer with a written confirmation of when the Buyer exercised the right, what is the content of the claim and what method of handling the claim the Customer requires, as well as a confirmation of the date and method of handling the claim, including confirmation of the repair and its duration, or a written justification for rejecting the claim.
7. The complaint, including the rectification of the defect, must be settled without delay, no later than 30 days from the date of the complaint, unless the Seller and the Customer agree on a longer period. Failure to meet this deadline shall be deemed a material breach of contract and the Customer shall have the right to withdraw from the contract. The moment when the Customer's expression of will (exercise of the right from the defective performance) reaches the Seller is considered the moment of the claim. The Seller shall inform the Buyer in writing of the outcome of the claim.

6 Maturity and payment terms

1. The company's invoices are payable immediately, unless otherwise agreed in writing. For deliveries on delivery on delivery, the goods are payable in cash on receipt of the shipment. In the case of orders with advance payment, the goods will be dispatched only after receipt of payment. For credit card payments, the actual debiting of the payment from the account takes place at the time of dispatch of the order.
2. The Company reserves the right to refuse checks or other non-cash means of payment. Payments in foreign currency are credited according to the bank statement. Bank charges shall be borne by the Customer.
3. If the Customer is in default of payment of the purchase price, the amount of the purchase price shall bear interest at a rate 5 percentage points higher than the base interest rate during the period of default. In the event that the Company has demonstrably incurred greater damages due to default, it shall be entitled to claim such damages.
4. The Seller shall issue a tax document - invoice to the Customer. The tax document is sent to the Buyer's email address.

7 Reservation of ownership

1. The delivered goods remain the property of the company until all claims are paid in full by the Customer, including all ancillary claims. The company reserves ownership until the purchase price has been paid in full.
2. Until the purchase price is paid in full, the Customer is not entitled to assign the goods to a third party or otherwise jeopardize the Company's ownership.

8 Final provisions

1. All agreements between the Seller and the Customer shall be governed by the laws of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, then the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the rights of the consumer arising from generally binding legal regulations.
2. The Seller is not bound by any codes of conduct in relation to the Customer within the meaning of Section 1826(1)(e) of the Civil Code.
   All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of Seller.
3. The Seller shall not be liable for errors resulting from third party interference with the online shop or from its use contrary to its intended purpose. When using the Online Shop, the Customer shall not use any procedures that could have a negative impact on its operation and shall not perform any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components that make up the Online Shop and use the Online Shop or its parts or software in a manner that would be contrary to its purpose or intent.
4. The Customer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
   The Purchase Agreement including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
5. The Seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
6. A sample withdrawal form is attached to the Terms and Conditions. 

20.3.2023

In Jablonec nad Nisou

Meditation instruments