General Terms and Conditions
General Terms and Conditions for e-shop “www.joalis.cz” (hereinafter referred to as the “GTC”)
ECONOMY CLASS COMPANY s.r.o.
With its registered office at: Na výhledech 1234/8, Strašnice, 100 00 Prague 10 Company ID No.: 26147289
Registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert No. 74422
Tax ID No.: CZ26147289
E-mail address: firstname.lastname@example.org
Tel.: 604 247 774
(hereinafter referred to as the “Seller” or “ECC”)
Website of the e-shop: joalis.cz
Bank details: ČSOB Podnikatelské konto
Account No: 205 511 314 / 0300
IBAN: CZ30 0300 0000 0002 0551 1314
- In compliance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “CC”), these GTC shall govern the mutual rights and obligations of the parties arising in connection with or under a purchase contract (hereinafter referred to as the “Purchase Contract”) made between ECC as the Seller and a Purchaser via the Seller's webstore run on the website joalis.cz (hereinafter referred to as the “Website”). These GTC are an integral part of the purchase contract. For the avoidance of doubt, these GTC are deemed not to apply to purchasing the Joalis products for members of the ECC Club.
- Sending a purchase order for purchasing via the Website, the Purchaser confirms that the Purchaser has become familiar with these GTC prior to the conclusion of the Purchase Contract and agrees to them without any reservation.
- Any provisions of the Purchase Contract departing from the text of these GTC take precedence over the GTC.
- In view of the nature of the Joalis products, the Seller recommends to see any of the cooperating ECC counsellors prior to purchasing the products who will offer you a suitable detoxication treatment. Consultation concerning the composition of any detoxication treatment is necessary to guarantee the optimum and highest effect of the Joalis products. The counsellor will tailor each detoxication treatment to meet the client's specific needs and burden ascertained. This notice is an integral part of the joalis.cz e-shop and is taken into account when any potential complaints are handled.
II. USER ACCOUNT
- Sending a purchase order for purchasing via the Website, the Purchaser confirms that the Purchaser has become familiar with these GTC prior to the conclusion of the Purchase Contract and agrees to them without any reservation.
- When making registration on the Website and ordering goods, the Purchaser is obliged to give all details correctly and truthfully. The Purchaser is obliged to update any details specified in the user account in case of any change thereof.
- The access to the user account is safeguarded by user name and password.
- The Purchaser is not entitled to allow any third parties to have access to the user account.
- The Purchaser acknowledges that in case of required maintenance or unexpected failure, the user account may temporarily be inaccessible. In that context, the Seller bears no liability for any potential harm caused to the Purchaser.
- The Seller may cancel the Purchaser's user account in case that the Purchaser has not used the user account for a period in excess of three years or if the Purchaser breaches the obligations arising from the Purchase Contract.
- The user account of every user is protected by user password. ECC recommends to keep the password secret and not to disclose it to any third parties, even by an e-mail message where the password is required. In case of a forgotten password, at the request and at the email address specified in the registration, the user will receive an e-mail message containing temporary password for access to the Purchaser's user account where the Purchaser will subsequently select a new password.
- The company is not liable for any misuse of data provided which has occurred as a result of third party's unauthorized access or in the course of transfer of data within communications networks. The user acknowledges that any data and information provided on the Internet, for example within a discussion forum, chat or email, can be misused by third parties.
- The Seller reserves the right to use anonymized data concerning the users' activities on the Website to improve its services.
III. CONCLUSION OF PURCHASE CONTRACT
- The purchase under the Purchase Contract involves goods specified in the binding confirmation of the purchase order by the Seller whereby the Purchase Contract is deemed concluded (hereinafter referred to as the “Goods”). Conclusion of the Purchase Contract is conditional on availability of the Goods; the details about the Goods, including the Purchase Price, at the time that the Purchaser delivers his purchase order to the Seller, are decisive.
- The Purchaser agrees to the use of means of remote communication for concluding the Purchase Contract.
- The shop's Website includes information on the Goods, including the specification of prices of the individual types of Goods. Prices of the Goods are stated inclusive of value added tax and all related charges. Prices of the Goods remain in force for the period when they are shown on the shop's Website.
- The shop's Website also contains information on costs related to packaging and delivery of the Goods.
- For ordering the Goods, the Purchaser will complete the purchase order form on the shop's Website. The purchase order form particularly includes the following information on:
- the Goods ordered (the Purchaser will “add” the ordered Goods into the electronic shopping cart on the Website),
- the method of the Purchase Price payment, the details as to the requested method of delivery of the Goods ordered, and
- the information on the costs related to the delivery of the Goods (hereinafter referred to collectively as the “Purchase Order”).
- The Purchaser may request any potential change of the Purchase Order at the e-mail address email@example.com up to the time of the consignment being processed. After the consignment has been dispatched, it is no more possible for the Purchaser to request from the Seller any change of the details included in the Purchase Order.
IV: TERMS OF PAYMENT
- The amount of the Purchase Price of the Goods is governed by the Seller's price list in force which pertains to the Joalis products and other additional goods specified at the Website at the time when Purchaser's purchase order is sent. The Purchaser may pay the Purchase Price:
The Purchase Prices are valid at the time of sending the Purchase Order to the Seller by the Purchaser. The Seller reserves the right to modify or change the specified prices.
- in cash when the Goods are taken in person at the below indicated distribution points;
- by cash on delivery;
- by payment card.
- The Goods will only be handed over to the Purchaser after full payment of the Purchase Price and carriage charges or (as the case may be) any charges pursuant to Article 5 of these General Terms and Conditions.
- After payment of the Goods by the Purchaser, the Seller will issue the Purchaser with a receipt in electronic form and the Purchaser gives consent to the purchase at the e-shop in such a manner.
- The ownership title to the Goods passes to the Purchaser upon full payment of the Purchase Price. Upon acceptance of the Goods, the Purchaser is obliged to show proof of purchase of the Goods.
V: DELIVERY TIME, CARRIAGE, PRICE OF CARRIAGE
- Place of delivery of the Goods is deemed to be the address specified in the Purchase Order by the Purchaser unless the Seller subsequently agrees with the Purchaser otherwise.
- The Seller is deemed to fulfil its obligation to deliver the Goods to the Purchaser by handing over the Goods to the carrier or handing over the same to the Purchaser or a person authorized by the Purchaser for personal purchase.
- Personal purchase is allowed at the following points:
- ECC Shipping Centre: U Řepické zastávky 1293, Strakonice II, 386 02
- C.I.C Method Centre Prague: Křišťanova 20, Praha 3, 130 00
- C.I.C. Method Centre Ostrava: Pražákova 218, Ostrava – Mariánské hory, 709 00
- BodyCentre Brno: Vodní 16, Brno, 602 00
- Delivery time is 10 days, with account taken of the Seller's stock of Goods at the time of confirmation of the Purchase Order. Upon acceptance of the Goods, the Purchaser is obliged to duly take the Goods from the carrier, check whether the packaging is undamaged, check the number of the Goods delivered and in case of any defects, notify such fact to the staff of the postal service provider. In case of finding any damage to the packaging, the Seller recommends the Purchaser not to accept the consignment in his own interests.
- In case of personal acceptance of the Goods, the Seller shall not charge any other fee.
- Upon selecting personal purchase, the Purchaser shall bring with him confirmation for collecting the Goods and his identification document. For the purpose of personal purchase, payment is possible as follows:
- cashless payment by payment card and payment in cash.
- The Purchaser is obliged to check the Goods properly in personal purchase. If the Purchaser finds any defects of the Goods or incorrect quantity thereof, the Purchaser is obliged to forthwith notify the Seller of such fact and has the right not to accept the Goods.
- If the consignment is delivered to the address specified by the customer, the Purchaser is contacted by the carrier in advance as a rule. Unless the Purchaser is reached during delivery of the consignment, a notice for the Purchaser is left at the place of delivery on the basis of which the Purchaser is obliged to contact the carrier and agree the time of delivery with the carrier. The time of delivery of the Goods shall be preserved even if an attempt to deliver the consignment, with the Purchaser not being reached, was made prior to expiry of the Goods' delivery time. If the consignment cannot be delivered to the Purchaser within 10 days after dispatch, such consignment shall automatically be returned to the Seller.
- Upon acceptance from the carrier, the Purchaser is obliged to check the Goods properly. If upon delivery of the Goods by the carrier the Purchaser identifies any damage to the consignment that is deemed to have been caused in transit or if the number of actually delivered packages does not correspond to the number of packages stated on the carrier's bill of lading, the Purchaser is recommended to apply the following procedure for making such complaint. The Purchaser shall specify the defects or the incorrect number of packages as a reservation in the carrier's bill of lading and shall subsequently send the complaint to the Seller by electronic mail without undue delay, however, within no more than 3 business days after the date when the consignment was delivered to the Purchaser. As far as possible, the Purchaser should not handle the consignment in any manner whatsoever and should ensure that the packaging in which the consignment was delivered shall be retained. At the same time, the Purchaser shall send in photographic documentation of the damaged Goods, packaging and the carrier's protocol.
VI. WITHDRAWAL FROM PURCHASE CONTRACT
- In compliance with Section 1829(1) of the Civil Code, the Purchaser has the right to withdraw from the Purchase Contract within fourteen (14) days after acceptance of the Goods provided that in case that the subject-matter of the Purchase Contract involves several kinds of Goods or delivery of several parts, such period shall commence to run as of the date of acceptance of the last delivery of the Goods. Notice of withdrawal from the Purchase Contract shall be sent to the Seller within the time limit specified in the previous sentence. For withdrawal from the Purchase Contract, the Purchaser may use a form template provided by the Seller which comprises an annex to the GTC. Notice of withdrawal from the Purchase Contract may be sent by the Purchaser i.a. at the Seller's registered office address or the Seller's electronic mail address.
- In case of withdrawal from the Purchase Contract under this Article VI of the GTC, the Purchase Contract shall be null and void from its beginning. The Purchaser shall return the Goods to the Seller within fourteen (14) days after delivery of the notice of withdrawal from the Purchase Contract to the Seller. If the Purchaser withdraws from the Purchase Contract, the Purchaser shall bear the costs related to returning the Goods to the Seller, even in the case that the Goods cannot be returned by customary mail channels due to their nature.
- In case of withdrawal from the Purchase Contract under this Article VI of the GTC, the Seller shall return the money received from the Purchaser within fourteen (14) days after withdrawal from the Purchase Contract by the Purchaser in the identical manner as it was accepted from the Purchaser by the Seller unless the Purchaser has otherwise agreed with the Seller. The Seller is also entitled to return the consideration provided by the Purchaser as early as the Goods are returned by the Purchaser or otherwise if the Purchaser so agrees and unless the Purchaser thereby incurs any additional costs. If the Purchaser withdraws from the Purchase Contract, the Seller is not obliged to return the accepted money to the Purchaser prior to the Purchaser returning the Goods or proving that the Goods have been sent to the Seller.
- The Purchaser acknowledges that the Seller is entitled to unilaterally set off any claim for payment of damage caused to the returned Goods against the Purchaser's claim to be refunded the Purchase Price.
- Together with the Purchase Price, the Seller shall also return the Purchaser any carriage charges for the transportation of the Goods to the Purchaser, namely in the amount of the cheapest carriage specified at the Seller's e-shop as of the purchase order date. The cost of carriage of the Goods in case of withdrawal by the Purchaser shall be paid by the Purchaser themselves and the Purchaser is not entitled to request any return thereof from the Seller.
- The Purchaser acknowledges that pursuant to Section 1837 of the Civil Code, one cannot withdraw from a purchase contract for the supply of sealed goods which were unsealed by the consumer after the supply and which cannot be returned for hygiene reasons.
VII. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
- Any rights and obligations of the Parties regarding the rights arising from defective performance shall be governed by relevant generally applicable legal regulations (in particular the provisions of Sections 1914 through 1925, Sections 2099 through 2117 and Sections 2161 through 2174 of the Civil Code and by Consumer Protection Act No. 634/1992 Coll. as amended).
- The Seller is liable to the Purchaser that the Goods upon acceptance shall have no defects. In particular, the Seller is liable to the Purchaser that at the time the Purchaser has accepted the Goods:
- the Goods have the properties agreed between the Parties and, failing such agreement, they shall have such properties that the Seller or producer has described or that the Purchaser has expected them to have in view of the nature of the Goods and on the basis of advertising made,
- the Goods are fit for the purpose specified for their use by the Seller or for which goods of such type are usually used,
- the Goods are of appropriate quantity, measure or weight, and
- the Goods meet the requirements of legal regulations.
- The provisions set out in this Article shall not apply to the Goods, in particular if:
- the defect has been caused by the Purchaser and occurred as a result of improper use, storage, incorrect maintenance, the Purchaser's intervention or mechanical damage,
- the defect occurred as a result of an external event beyond the Seller's control,
- the defect of the Goods has not transpired even after thorough specialist examination.
- If the defect has shown within six months after acceptance, the Goods are deemed to have been defective as early as the acceptance thereof.
- By warranty of quality the Seller undertakes that over a certain period of time the Goods will be fit for the purpose specified for their use or that they retain usual properties. If the Purchaser has reprehended the Seller over the defects of the Goods rightfully, neither the period for exercising rights from defective performance nor the warranty period shall be running over the period when the Purchaser cannot use the defective Goods.
- Any rights arising from liability for defects of the Goods shall be exercised with the Seller. The Seller is obliged to accept a complaint at its registered office or at the place of purchase. The Seller is obliged to issue the Purchaser with written confirmation as to when the Purchaser exercised the right, what the content of the complaint is and what way of handling the complaint is required by the Purchaser; and, furthermore, confirmation as to the date and method of handling the complaint and, as the case may be, written justification as to why the complaint is rejected.
- At the time of notification of the defect or without undue delay thereafter, the Purchaser will advise the Seller as to what right they have chosen. The Purchaser cannot change the choice made without the Seller's consent. This does not apply if the Purchaser has requested repair of a defect that will prove to be incapable of being repaired.
- Unless the Goods possess the properties specified in this Article of the General Terms and Conditions, the Purchaser may also request delivery of new Goods free of defects if this is not inappropriate due to the nature of the defect. However, if the defect only pertains to a component of the Goods, the Purchaser may only request replacement of the component; if this is not possible, the Purchaser may withdraw from the contract. However, if this is incommensurate due to the nature of the defect, in particular provided that the defect can be remedied without undue delay, the Purchaser has the right to free remedy of the defect. The Purchaser will enjoy the right of delivery of new Goods or replacement of components even in the case of a defect incapable of being remedied if the Purchaser cannot use the Goods properly due to repeated occurrence of the defect after repair or for a greater number of defects. In such a case, the Purchaser is entitled to withdraw from the contract. If the Purchaser fails to withdraw from the contract or fails to exercise the right of delivery of new Goods free of defects or replacement of its components, the Purchaser may request reasonable price reduction. The Purchaser has the right to reasonable price reduction even in case that the Seller is unable to supply him new Goods free of defects, replace components thereof and also in case that the Seller fails to make remedy within a reasonable time limit or that making remedy would cause considerable difficulties to the Purchaser.
- One who has the right under Section 1923 of the Civil Code, is also entitled to compensation of any cost reasonably incurred in exercising such right. However, if he fails to exercise the right of compensation within one month after expiry of the period in which it is necessary to reprehend the defect, the court shall not award such right if the Seller objects that the right of compensation has not been exercised in due time.
- The Seller is obliged to take a decision regarding a complaint immediately, in more complicated cases within three business days. Such period shall not include the time necessary for specialist assessment of the defect. The complaint, including remedy of the defect, shall be handled without undue delay, however within no more than 30 days after the date of making the complaint unless the Seller agrees with the Purchaser on any longer period of time. Expiry of the period without the complaint being handled is deemed to constitute material breach of the contract. Running of such periods is conditional on the Purchaser rendering required assistance to handle the complaint, i.e. particularly that the Purchaser has allowed the Seller to examine the Goods being complained about.
- The Seller is obliged to give written confirmation to the Purchaser of the method that the complaint has been handled and the period of its duration.
- The Purchaser is obliged to accept the complained Goods within 30 days after the date when the complaint should have been handled at the latest, after such period the Seller is entitled to bill the Purchaser for reasonable storage charges or sell the Goods by self-help on the account of the Purchaser. The Seller shall notify the Purchaser of such procedure in advance and shall provide a reasonable additional period for accepting the Goods.
- The Seller is not obliged to provide the Purchaser with any replacement Goods over the period that the complaint is being handled.
- In case of returning the Purchase Price or any part thereof to the Purchaser concerning the Goods purchased in the form of personal purchase, an amount up to CZK 10,000 may be paid in cash at the cash office in the Seller's registered office, at the points referred to in Article 5.3. or at the place of purchase. In other cases, the Seller shall return the money accepted from the Purchaser to the Purchaser in an identical manner as the Seller has accepted it from the Purchaser, unless the Seller agrees with the Purchaser otherwise.
- The Purchaser can make a complaint with the Seller, particularly via the Seller's website, by letter, by e-mail or in person through any registered office of the Seller in the Czech Republic. The Seller recommends the Purchaser to make a complaint by registered mail sent to the Seller, in both cases the Purchaser shall append description of the defect complained or (as the case may be) shall add photographic documentation if external damage of the Goods is involved. Complaint Form.
- If the complaint is accepted as justified, the Purchaser being a consumer (i.e. the purchaser who does not purchase the Goods in connection with the scope of its business or as part of his independent conduct of occupation) has the right to be paid reasonably expended costs related to the exercise of his right.
VIII. COSTS OF COMPLAINT AND DISPUTE RESOLUTION
- If the Seller rejects the complaint as unjustified, the Purchaser or both Parties by agreement between the Purchaser and the Seller, may address a sworn expert in the relevant field and seek preparation of an independent specialist assessment of the defect.
- Unless an agreement is reached between the Purchaser and the Seller, the Purchaser may have recourse to the existing systems of extrajudicial resolution of consumer disputes or to a competent court as the case may be.
- Extrajudicial handling of consumer complaints shall be arranged by the Seller via the electronic address specified in the headings hereof. The Seller shall send any information on the dealing with the Purchaser's complaint at the Purchaser's electronic address.
- In relation to the Purchaser, the Seller is not bound by any codes of conduct in terms of Section 1826(1)(e) of the Civil Code.
- The Czech Trade Inspection Authority, with its seat at Štěpánská 567/15, 120 00 Praha 2, ID No.: 000 20 869, website address: https://www.coi.cz/informace-o-adr/, is a competent authority to reach an extrajudicial resolution of any consumer disputes arising from the Purchase Contract.
- The Seller is entitled to sell the Goods in compliance with a trade licence. A trade licensing inspection is from time to time made by a competent Trade Licensing Authority within the scope of its powers. Supervision over personal data protection area is conducted by the Office for the Personal Data Protection. To a limited extent, the Czech Trade Inspection Authority i.a. conducts supervision over the compliance with Consumer Protection Act No. 634/1992 Coll. as amended.
- Unless it is otherwise agreed, all correspondence relating to the Purchase Contract shall be delivered to the other Party in writing; by electronic mail, by hand or by registered mail via a postal service provider to (selected by the sender). Delivery to the Purchaser shall be made at the electronic mail address specified in his user account, if such account has been created.
- Furthermore, in addition to the above said, the Seller is explicitly entitled to undertake acts related to the rights and obligations arising from the Purchase Contract via voice telephone call with the Purchaser if the Purchaser explicitly agrees thereto in any case.
X. FINAL PROVISIONS
- All contractual relations shall be governed by Czech law.
- These Terms and Conditions shall come into effect on the date of being published and are decisive in the relevant wording for all purchase orders made on or after such date. The Seller reserves the right to modify these Terms and Conditions. Any new text of the Terms and Condition shall be posted on the Seller's website www.joalis.cz. As of the date of their publication, the previous terms and conditions shall be invalidated which, however, shall not affect any purchase contracts made in compliance with the current wording of the Terms and Conditions (see the first sentence of this paragraph).
- The Purchaser is not entitled to assign his claim against the Seller arising from the Purchase Contract to any third party without the Seller's consent.
- Should any provision of these General Terms and Conditions be or become invalid or ineffective, such invalid provisions shall be replaced by provisions the purpose of which is as close to the invalid provisions as possible. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
- The Purchase Contract, including the General Terms and Conditions, is archived in electronic form by the Seller and is not accessible.
- A form template of a letter of withdrawal from the Purchase Contract and a letter of complaint comprise appendices to these General Terms and Conditions.