General Terms and Conditions (hereinafter GTC) Medi Evolution s.r.o., valid from 1 December 2019
 

1. General provisions

1.1. The General Terms and Conditions (hereinafter referred to as the "GTC") are valid for orders, deliveries and claims of all goods and services supplied by Medi Evolution s.r.o. (supplier) to all natural and legal persons (buyer). Any divergent provisions in the Contract shall take precedence over the wording of the General Terms and Conditions, but shall be agreed in writing by agreement of both Parties. Unless otherwise stated below, all contractual relationships are concluded in accordance with the laws of the Czech Republic. If the buyer is a consumer, the relationships that are not regulated by the terms and conditions are governed by the Civil Code (No. 89 / 2012Sb.) And the Consumer Protection Act (No. 634/1992 Coll.), All as amended. If the buyer is a legal entity, or. 89/2012 Coll., all as amended, in this case the provisions on consumer contracts (distance contracts) contained in Act No. 89/2012 Coll. . and other consumer protection regulations. The provisions of the Terms and Conditions form an integral part of the purchase contract.

The purchase contract and the terms and conditions are written in Czech. The purchase contract can be concluded only in Czech.

1.2. By concluding the purchase contract, the buyer confirms that he has read and agrees with these terms and conditions. The buyer is notified of the terms and conditions sufficiently before the order is placed and thus has the opportunity to become acquainted with them or to express their disagreement with them, however, at the latest by concluding the purchase contract.

2. Proposal and conclusion of the purchase contract

2.1. The proposal to conclude a purchase contract is an order of goods created by the buyer on the website of the online store. Prices of goods are valid at the moment of placing the order.

2.2. In the following days the customer will receive an e-mail message in which the order will be confirmed by the Supplier and the purchase contract will be concluded. The supplier is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (eg in writing or by telephone).

2.3. All goods presented in Medi Evolution s.r.o. CZ, s.r.o., is not considered a proposal to conclude a purchase contract. The buyer makes the proposal to conclude the purchase contract with his order.

2.4. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer in connection with the conclusion of the purchase contract (eg costs of internet connection, telephone costs) are borne by the Buyer himself.

2.5. Data in an already issued tax document (invoice) cannot be changed.

 

3. Obligations of the Buyer

3.1. To pay the price according to the following article of these GTC and also the price of all agreed services provided from the supplier, which are directly related to the fulfillment of the GTC.

3.2. Accept goods or services duly ordered.

3.3. All information obtained by the Buyer in the fulfillment of the GTC is obliged to duly secure against misuse and further undertakes not to provide third parties with information that could harm the supplier through competition.

3.4. In the case of resale, third parties may not act on behalf of the supplier or without his explicit consent with his name.

 

4. Payment conditions and price of goods

4.1. The price of the product is listed for each product at www.harmonelo.com.

4.2. The supplier reserves the right to change prices. Valid prices are confirmed by the buyer by the supplier at the time of order confirmation.

4.3. By sending an order in writing, by e-mail or through www.harmonelo.com, the buyer fully agrees and is aware of the current price of the goods, which is determined for the relevant product on the website www.harmonelo.com, including shipping and quantity of discounts.

The Buyer will be sent an e-mail or a written order confirmation including prices in the following days.

4.4. The right to payment of the purchase price arises to the supplier by confirming the order of goods by the buyer.

4.5. The Supplier shall issue the Buyer an invoice for the delivered goods or services.

4.6. The supplier is entitled to demand payment of 100% of the order value before delivery.

4.7. The due date is the day on which the charged amount is credited to the account.

 

5. Transport and delivery of goods, risk of damage to goods

5.1. The Seller undertakes to transport the goods to the Buyer under the price conditions specified in the price list on the website www.harmonelo.com, unless stated otherwise.

5.2. The delivery is fulfilled if the supplier's representative, resp. driver, hand over the goods to the authorized representative of the buyer at the place of performance, which is specified in the order of goods.

5.3. When delivering the goods, the Buyer's representatives are obliged to take physical delivery of the goods, agree the delivered type, quantity and quality of the delivery. Takeover will be after

stated on the delivery note, invoice or protocol on receipt of goods from the carrier. If the Buyer does not remedy the defects of the consignment without undue delay, the Supplier may demand compensation from the Buyer for damages incurred in connection with such delay. Any later claims regarding the type, quantity and apparent defects will not be taken into consideration by the Supplier and such claims will be rejected as unjustified.

5.4. By signing the waybill, the customer agrees to accept the goods and confirms that the shipment is not mechanically damaged.

5.5. In the case of cash delivery of goods is the representative of the supplier, respectively. carrier, authorized to take cash from the buyer's representative for the goods. In this case, the supplier's representative will issue a proof of payment.

5.6. The place of performance is understood to be the place where the buyer takes over the delivered goods from the carrier.

5.7. The risk of damage to the goods passes to the customer by taking over the goods by the customer or. his agent or in case of delay of the buyer with the receipt of goods by notification of the place of storage of goods. From this moment the customer is obliged to secure the delivered goods against damage or theft.

 

6. Warranty, liability for defects

6.1. The supplier is liable to the buyer for the fact that the item sold does not have any defects (according to § 2161 et seq. 89/2012 of the Civil Code). This means that the thing being sold has the quality and utility properties required by the contract, described by the supplier, manufacturer or its representative, or expected by their advertising, or the quality and utility properties of a thing of this kind that is appropriate quantity, measure or weight and corresponds to the purpose stated by the seller for the use of the item or for which the item is usually used.

6.2. If possible, the Buyer shall inspect the item as soon as possible after its receipt in accordance with § 2104 (no later than 24 hours after its receipt) and ascertain its properties and quantity.

The Buyer shall notify the Buyer of any apparent defect without undue delay (no later than 24 hours after its receipt). The seller's liability for damages expires in vain upon expiry of the stated deadlines.

6.3. The buyer does not have the right to the defective performance if the buyer knew before the takeover of the thing that the thing had a defect or caused the defect itself.

6.4. Complaints shall be filed only in writing stating the date of delivery of the goods, the number of the relevant invoice, type of goods, label from the packaging of the goods, the quantity claimed, description of the defect and enclosing samples with the defect and the buyer's request.

6.6. The Buyer is obliged to pay the purchase price in full, in the given term and not to link the claim to the delivery of the goods with the payment of the purchase price

6.7. Damages (mechanical, poor storage, etc.) are not a malfunction

 

7. Withdrawal from the contract

7.1. The right to withdraw from the purchase contract is the consumer's right under § 1829 et seq. Of the Civil Code. In the case of purchases within the scope of business activities (identification number on the purchase document) the right to withdraw from the purchase contract does not arise and the provisions on consumer contracts (distance contracts) are excluded.

7.2. The Buyer acknowledges that according to § 1837 et seq. Of the Civil Code, it is not possible to withdraw from the purchase contract for the delivery of goods modified according to the wishes of the buyer, as well as goods subject to rapid destruction, wear or obsolescence if the consumer breached their original packaging or when returning goods in sealed packaging packaging and it is not possible to return it for hygienic reasons.

7.3. The Buyer acknowledges that if the goods returned to the Supplier are damaged, worn or partially consumed, the Supplier shall be entitled to compensation from the Buyer for damages incurred by the Buyer. The Supplier is entitled to unilaterally set off the claim for compensation of the incurred damage against the Buyer's claim for refund of the purchase price. Normal damage to the original packaging resulting from the unpacking of the goods cannot be considered as degradation of the goods.

7.4. If the gift is provided together with the goods to the buyer, the gift contract between the seller and the buyer is concluded with the proviso that if the consumer withdraws from the purchase contract, the gift contract for such gift ceases to be effective and the buyer is obliged to return provided gift.

7.5. Cancellation of the order by the supplier - the supplier reserves the right to cancel the order (purchase contract) or its part in the following cases: the goods are no longer manufactured or delivered or the price of the supplier has changed significantly, further also in case of obvious error in the price prices obviously other than normal for this type / type of goods). A manifest error in the price of the goods is, for example, misrepresentation of the first three digits instead of four, an obviously low price of the goods (eg 70% lower than normal for these types and types of goods), and other obvious typing errors. In the event that this happens, the Seller shall immediately contact the Buyer to agree on further action. Where the buyer for already paid part or all of the purchase price, this amount will be transferred back to his account or address in the shortest possible time within 10 working days, but no later than 30 days from the cancellation of the order by the seller.

 

8. Protection of personal data

8.1. In the context of the adoption of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (GDPR) with effect from 25 May 2018 applies to the processing of your personal data by our company Medi Evolution sro as the Contractor, it undertakes to maintain confidentiality of any facts of which it becomes aware in the course of its activities for the Buyer that are of an economic, banking or commercial secrecy nature, and of facts whose presentation outside could in any way affect .

8.2. The aforementioned personal data will be processed for your identification as a buyer, for the execution and execution of the necessary accounting operations and for the posting of your payment for the purchased goods, for the correct delivery of the goods and for communication with you.

8.3. By purchasing at www.harmonelo.com, you agree that Medi Evolution s.r.o. it may pass on its customers' personal data for the purpose of distributing commercial communications, the proper transport of goods and similar purposes to third parties, namely commercial messaging service providers, customer support services, carriers, repayment companies and insurance companies. Otherwise, by Medi Evolution s.r.o. no personal data is sold or rented to a third party.

 

9. Final provisions

9.1. If any provision of the Terms and Conditions is invalid or ineffective, or becomes, 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. Changes and amendments to the purchase contract or the terms and conditions require written form.

9.2. If a dispute arises between the supplier and the buyer under a concluded purchase contract, the dispute will be resolved locally and subjectively by the competent courts in the Czech Republic. The consumer can turn to the Czech Trade Inspection Authority with his complaint.

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