General Terms and Conditions

1. INTRODUCTORY PROVISIONS

  1. These terms and conditions (hereinafter referred to as "Terms and Conditions")

the business company NORDservis s.r.o.

with registered office at Hanychovská 867/22c, 460 07 Liberec

Identification number: 48268445

registered in the Commercial Register kept at the Regional Court in Ústí nad Labem

file mark section C, insert 4647

phone number: +420

E-mail: legal@med-o-mat.cz 

(hereinafter also referred to as "Seller")

regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter also referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter also referred to as the "Purchase Contract") concluded between the Seller and another person (hereinafter also referred to as the "Buyer") through the Seller's online store, which is operated by the Seller on the website located at the Internet address med-o-mat.cz (hereinafter also referred to as the "Website"), through the interface of the Website (hereinafter also referred to as the "Web interface of the Store").

  1. Provisions deviating from these terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract shall prevail over the provisions of these terms and conditions.
  2. The provisions of these terms and conditions are an integral part of the purchase contract. By sending or placing an order for goods with the seller, these terms and conditions become binding for the buyer.
  3. The buyer is the one who concludes a purchase contract with the seller in person or via the website (hereinafter also referred to as "Buyer" or "consumer"). These terms and conditions do not apply if the Buyer is not a consumer.

2. COMMUNICATION TO THE CONSUMER BEFORE THE CONCLUSION OF THE PURCHASE CONTRACT

  • Information about the main characteristics of the goods sold is always given directly in the description of the goods on the website.
  • Details of the identity of the Seller, registered office address, telephone number and e-mail address are given in Article 1.1 of these Terms and Conditions.
  • The price of the goods sold, including the price for packaging and delivery, is always indicated in their description on the website or is indicated during the order. In the order summary on the order form on the website, the total price for all goods ordered including the price for packaging and delivery is indicated. All prices are inclusive of value added tax for consumers.
  • The purchase price for the goods can be paid in cash or non-cash at any of the Seller's brick-and-mortar branches, as well as by the methods indicated when ordering the goods on the website, in particular by classic bank transfer through the banks listed in the order form or through PayPal or online payment by credit card according to the order form.
  • The deadline for delivery is indicated on the website when ordering the goods. The condition for delivery of the goods is the conclusion of the purchase contract. The seller is not obliged to hand over or deliver the goods to the buyer until the full purchase price according to the purchase contract has been paid to the seller.
  • The consumer is entitled to withdraw from the contract, which was concluded by distance method or outside the seller's business premises, without giving any reason within 14 days from the conclusion of the purchase contract or receipt of the goods. Details on this, including exceptions to the right of withdrawal, are set out in Article 6 of these terms and conditions.
  • The consumer has the right to complain about defective goods and thus to exercise his rights from defective performance. Details of the rights of defective performance are set out in Article 8 of these Terms and Conditions.
  • If the consumer has a complaint about the concluded purchase contract, its performance or the seller's activities, the consumer may contact the seller at the contact e-mail address provided. Compliance with the data protection regulations is supervised by the Office for Personal Data Protection. The consumer can also contact these authorities with complaints.
  • If a consumer dispute arises between the seller and the consumer, the consumer has the right to an out-of-court settlement. The subject of the out-of-court settlement pursuant to Act No. 634/1992 Coll., on Consumer Protection, is the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2. All details on out-of-court dispute resolution are available on the Czech Trade Inspection website: www.coi.cz, www.adr.coi.cz, e-mail: adr@coi.cz. Consumers can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.

3. USER ACCOUNT

  • Based on the buyer's registration made on the website, the buyer can access their user interface. From his/her user interface, the Buyer can order goods (hereinafter also referred to as "user account"). The Buyer can also order goods without registration directly from the web interface of the shop.
  • When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
  • Access to the user account is secured with a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his/her user account.
  • The buyer is not entitled to allow third parties to use the user account.
  • The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 36 months or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
  • The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
  • The Seller shall not be liable for any misuse of the username and password.

4. CONCLUSION OF THE PURCHASE CONTRACT

  • The buyer has the opportunity to obtain information about the goods, including the prices of individual goods and other parameters of the purchase, especially on the basis of personal or remote communication with a responsible representative of the seller or from the presentation of the goods on the website.
  • The presentation of goods on the website is not an offer. All presentation of goods placed on the website in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
  • The contract of sale is always subject to the exhaustion of the seller's stock or loss of the seller's ability to perform.
  • To order goods via the website, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:
    • ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
    • the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
    • information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
  • In the case of a price that is clearly a typing and numerical error, the price is not binding and the Seller reserves the right not to conclude the purchase contract or to withdraw from the purchase contract even after the Buyer has received the order confirmation.
  • Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the order, including with regard to the Buyer's ability to detect and correct errors arising from the data entered into the order. The Buyer shall send the order to the Seller by clicking on the "Complete order binding payment" button. The data provided in the order are considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter also referred to as the "Buyer's e-mail address").
  • Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).
  • The purchase contract between the seller and the buyer in the case of ordering goods through the website is concluded only after the delivery of the order acceptance (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.

5. PRICE OF GOODS AND PAYMENT TERMS

  • Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the packaging and delivery of the goods.
  • The purchase price paid in cash is payable within 3 days from the date of conclusion of the purchase contract. This is without prejudice to the possibility of agreeing on a different payment term for the purchase price.
  • In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
  • In the case of payment in cash, on delivery or in the dispatch office, the purchase price is payable upon receipt of the goods.
  • The Seller is entitled to demand payment of the full purchase price before the goods are shipped to the Buyer and the Buyer is obliged to pay the purchase price to the Seller on that basis. Section 2119(1) of the Civil Code shall not apply.
  • A condition for delivery of the goods is the conclusion of a purchase contract. The seller is not obliged to send or hand over the ordered goods to the buyer until the full purchase price has been paid. If the buyer does not pay the seller the full purchase price even within 10 days from the date of delivery of the notice to pay, the seller is entitled to withdraw from the purchase contract. The Buyer is obliged to reimburse the Seller for the costs of cross-border transport of the goods in full according to the price list of the relevant delivery company or in the amount agreed in the purchase contract.
  • Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

6. WITHDRAWAL FROM THE PURCHASE CONTRACT BY THE CONSUMER

  • The consumer is entitled (subject to the exceptions set out below) to withdraw from a contract of sale which has been concluded at a distance or away from the seller's business premises without giving any reason within 14 days of the date on which the consumer or a third party appointed by the consumer other than the carrier takes delivery of the goods, or
    • the last piece of goods, if the consumer orders several pieces of goods within one order, which are delivered separately,
    • the last item or part of a delivery of goods consisting of several items or parts, or
    • the first delivery of the goods, if the contract provides for regular delivery of the goods for an agreed period of time.
  • To withdraw, the consumer can use the model form published on the website or withdraw in any other way so that it is clear which purchase contract the consumer is withdrawing from and which goods the withdrawal concerns.
  • The consumer is obliged to send his withdrawal from the purchase contract within 14 days according to Article 6.1 of these terms and conditions, to the contact e-mail address, or by mail to the contact address, or in another obvious way. In the case of the use of the withdrawal form, the Seller shall confirm its receipt to the Consumer without undue delay.
  • To expedite the processing of the matter, the consumer shall attach a copy of the proof of payment, invoice or other document or evidence to prove that the goods were purchased from the seller. However, the mere failure to submit such documents shall not prevent the withdrawal from being processed. The consumer shall also attach to the withdrawal information on the choice of the method of refund if he does not wish to return the money in the same way as he paid the price.
  • The costs associated with the return of the goods shall be borne by the consumer in the event of withdrawal from the purchase contract. In the case of a distance contract, the costs for the consumer associated with the return of goods that cannot be returned due to their nature by the usual postal method shall amount to a maximum of CZK 500 incl. VAT.
  • If the consumer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall reimburse the consumer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.
  • No later than 14 days after the withdrawal from the purchase contract, the seller shall return to the consumer the money received from the consumer as payment for the goods. The seller shall return the money in the same way in which it was received, unless the consumer agrees to another method of payment which would not involve additional costs for the consumer. The seller is not obliged to return the money to the consumer before the consumer has returned the goods to the seller or before the consumer has proved that he has dispatched the goods to the seller, whichever is the earlier.
  • The consumer is obliged to send the goods back to the seller without undue delay after withdrawing from the purchase contract, no later than 14 days, to the contact address, or return the goods to the seller in person within that period. The time limit is maintained if the consumer sends the goods before its expiry.
  • In the event of withdrawal from the contract without giving any reason, the consumer is liable only for the reduction in the value of the goods resulting from handling the goods in a manner other than that necessary to acquaint him with the nature, characteristics and functionality of the goods.
  • The consumer is not entitled to withdraw from the purchase contract without giving a reason in cases under Section 1837 of the Civil Code, in particular in the following cases:
    • the supply of goods that have been manufactured or modified according to the consumer's wishes and requirements or adapted to the consumer's personal needs,
    • deliveries of perishable goods or goods with a short shelf life, as well as goods which have been irretrievably mixed with other goods after delivery,
    • delivery of goods in closed packaging that the consumer has removed from the packaging and cannot be returned for hygiene reasons,
    • the delivery of goods which are sound and visual recordings or computer programs, if the customer has damaged their original packaging, or
    • for urgent repair or maintenance to be carried out at a place designated by the consumer at his express request; however, this shall not apply to the carrying out of repairs other than those requested or the supply of goods other than spare parts necessary for the repair or maintenance.
  • If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the purchase contract is withdrawn, the gift contract shall cease to be effective in respect of such gift and the consumer shall be obliged to return the gift to the seller together with the goods.

7. TRANSPORT AND DELIVERY OF GOODS

  • The seller is obliged to deliver the goods to the buyer within the time and in the manner according to the purchase contract.
  • The buyer undertakes to take over the goods from the seller or from the carrier. The Buyer is also obliged to check the goods upon receipt whether they are not obviously damaged and if so, to draw up a report of this finding in duplicate and hand it over to the Seller's or carrier's representative, who shall confirm it with his signature, stating his name and position, and hand one copy back to the Buyer.
  • The risk of damage to the goods passes to the consumer upon receipt of the goods. This does not apply in situations where the consumer has opted for a particular method of transport of the goods which the seller does not provide, in which case the risk of damage to the goods passes to the consumer when the goods are handed over to the carrier.
  • If the goods are taken over by the buyer directly at the seller's brick-and-mortar branch, the risk of damage to the goods passes to the buyer upon taking over the goods.
  • In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with a different method of delivery.
  • The ownership of the goods is acquired by the buyer only upon full payment of the purchase price.

8. RIGHTS FROM DEFECTIVE PERFORMANCE

  • The seller is liable to the consumer that the goods are free from defects upon receipt. In particular, the seller is liable to the consumer that at the time the consumer took delivery of the goods, the goods:
    • conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
    • it is fit for the purpose for which the consumer requires it and to which the seller has agreed; and
    • is supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
  • The seller shall be liable to the consumer that, in addition to the agreed characteristics
    • the goods are fit for the purpose for which the item is normally used, including with regard to the rights of third parties, legislation, technical standards or codes of conduct of the industry, if there are no technical standards,
    • the goods correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind that a consumer can reasonably expect,
    • the goods are supplied with accessories, including packaging, assembly instructions and other instructions for use which the consumer can reasonably expect; and
    • the goods correspond in quality or workmanship to the sample or sample provided by the seller to the consumer before the conclusion of the contract.
  • Article 8.2. of these Terms and Conditions does not apply if the Seller has specifically notified the Consumer prior to the conclusion of the Purchase Contract that some of the characteristics of the goods differ and the Buyer has expressly agreed to this when concluding the Purchase Contract.
  • The buyer is entitled to exercise the right to claim for defects that occur in the goods within twenty-four months of receipt. In the case of second-hand goods, this period is one year from the receipt of the goods by the buyer.
  • In the event of defective performance, the Buyer is entitled to demand, depending on the nature and severity of the defect, removal of the defect, replacement of the goods, a reasonable discount on the purchase price or withdrawal from the contract.
  • The Buyer claims and notifies the Seller of the defect of the goods by e-mail to the contact address, or in person at the Seller's brick-and-mortar branch, or by paper mail sent to the contact address, or in any other obvious way. When notifying the Buyer of a defect, the Buyer may use the complaint form published on the Website.
  • The Seller is obliged to issue the Consumer with a written confirmation when the claim is made, in which he indicates the date when the Consumer made the claim, what is its content, what method of handling the claim the Consumer requires and the Consumer's contact details for the purpose of providing information on the handling of the claim.
  • The complaint, including the removal of the defect, must be settled and the consumer must be informed of this within 30 days of the date of the complaint, unless the seller and the consumer agree on a longer period. After the expiry of this time limit, the consumer may withdraw from the contract or demand a reasonable discount. The complaint must not cause the buyer significant difficulties, taking into account the nature of the item and the purpose for which the buyer purchased the item.
  • The Seller is obliged to issue the Consumer with a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the complaint.
  • The buyer may demand a reasonable discount or withdraw from the purchase contract if
    • the Seller refused to remove the defect or failed to remove it in accordance with Article 8.8 of these Terms and Conditions,
    • the defect manifests itself repeatedly,
    • the defect is a material breach of the contract of sale, or
    • it is evident from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.
  • If the defect of the goods is insignificant, the buyer cannot withdraw from the purchase contract according to Article 8.10 of these Terms and Conditions.
  • The buyer shall be liable to the seller for any diminution in the value of the goods resulting from handling the goods in a manner different from that which is necessary in view of their nature and characteristics. If the returned goods have been damaged by a breach of the Buyer's obligations, the Seller shall be entitled to claim against the Buyer compensation for the diminution in value of the goods and deduct it from the amount returned.

9. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

  • In addition to other cases specified in these terms and conditions, the Seller is also entitled to withdraw from the purchase contract in the event of failure to provide cooperation on the part of the Buyer and for other reasons specified in the legislation.
  • The Buyer is obliged to compensate the Seller for all costs incurred in connection with the purchase contract or negotiations for its conclusion, in particular the costs of modification or production of goods according to the Buyer's instructions and ideas, preparation of goods for shipment, costs of disassembly and transport of goods, costs of returning the goods to the Seller, etc.
  • In the event of an information system failure or force majeure (e.g. power failure, etc.), the seller is not responsible for non-compliance with the e-shop's operating hours.
  • The purchaser hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

By entering into the Purchase Agreement, the Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number.

10. FINAL PROVISIONS

  1. If the relationship established by the purchase contract contains an international (foreign) element, then the relationship is governed by Czech law.
  2. Relations and any disputes arising under the Purchase Agreement shall be governed exclusively by the law of the Czech Republic and shall be resolved by the competent courts of the Czech Republic. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply in accordance with Article 6 of this Convention.
  3. The purchase contract is concluded in Czech. If a translation of the text of the contract is created for the buyer's needs, the interpretation of the contract in the Czech language shall apply in the event of a dispute over the interpretation of terms.
  4. The concluded purchase contract is archived by the Seller in the internal system for at least three years from its conclusion, but no longer than the period according to the relevant legal regulations, for the purpose of its successful execution and is not accessible to third, non-interested parties. The Seller shall provide the Buyer with access to the Purchase Contract in justified cases.
  5. If any provision of these Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall 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.
  6. These terms and conditions are valid and effective from 5.6.2025.