of the business company
MEDCOMPLEX, s.r.o.
with its registered office at: Masty 1, 518 01 Dobruška
identification number: 17171652
registered in the Commercial Register maintained by the Regional Court in Hradec Králové, section C, file 49603
1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the business company MEDCOMPLEX, s.r.o., with its registered office at: Masty 1, 518 01, Dobruška, identification number: 17171652, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, section C, file 49603, (hereinafter referred to as the "Seller") regulate, in accordance with the provisions of § 1751, par. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter 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 agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another person (hereinafter referred to as the "Buyer").
1.2. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Agreement. Deviating provisions in the Purchase Agreement shall take precedence over the provisions of the Terms and Conditions.
1.3. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Terms and Conditions are prepared in the Czech language. In case of any discrepancy or conflict between the English translation and the Czech original, the Czech version shall prevail
1.4. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations that arose during the validity of the previous version of the Terms and Conditions.
1.5. Service, delivery of goods, and mediation of sales to customers are based on orders. These are obtained either from direct contact with the customer, by phone, or from written orders sent by mail, email, or other means of electronic communication.
1.6. The Terms and Conditions are governed by the mutual relationship (status) of the buyer and the seller. This means, according to the Commercial Code or the Civil Code, valid for the Czech Republic. Any disputes shall be discussed and settled by the relevant Czech authorities and/or courts.
2.1. Based on the buyer's registration (carried out by the seller on the website www.medcomplex.cz), the buyer can access their user interface (hereinafter referred to as the "User Account"). If the e-shop website allows it, the buyer can also inquire about goods without registration directly from the e-shop website.
2.2. When inquiring about goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information provided in the User Account in case of any changes. The information provided by the buyer in the User Account for inquiries and orders is considered correct by the seller.
2.3. Access to the User Account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
2.4. The buyer is not authorized to allow third parties to use the User Account.
2.5. The seller may cancel the User Account, especially in the event that the buyer has not used their User Account for more than 1 year, or if the buyer violates their obligations under the Purchase Agreement (including the Terms and Conditions).
2.6. 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, or the necessary maintenance of third-party hardware and software.
3.1. All presentations of goods, including those placed on the e-shop website, are for informational purposes only, and the seller is not obligated to conclude a purchase agreement for these goods. The provision of § 1732 par. 2 of the Civil Code does not apply.
3.2. The e-shop websites contain information about the goods, including the prices of individual goods (for registered customers only). In the basic user settings, prices are listed including value-added tax in CZK, without all associated fees. The user can change this according to their needs. The prices of the goods are valid as of the date of the last update of the website. This date is indicated in the footer. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions.
3.3. The e-shop websites do not contain information about the costs associated with the packaging and delivery of the goods. Information about the costs associated with the packaging and delivery of the goods is provided in the order confirmation or on the invoice.
3.4. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transportation costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
3.5. The contractual relationship between the seller and the buyer is established by the delivery of the order acceptance (acceptance), which is sent by the seller to the buyer by email to the buyer's email address or by phone.
3.6. The buyer agrees to the use of remote communication means for the conclusion of the Purchase Agreement. The costs incurred by the buyer for using remote communication means in connection with the conclusion of the Purchase Agreement (costs for internet connection, costs for phone calls) are paid by the buyer themselves, and these costs do not differ from the basic rate.
4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement to the seller in the following ways:
4.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the term purchase price also includes the costs associated with the delivery of the goods.
4.3. In the case of cash on delivery, the purchase price is due upon receipt of the goods. In the case of a cashless payment, the purchase price is due by the date specified on the invoice.
4.4. In the case of a cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of a cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
4.5. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provision of § 2119 par. 1 of the Civil Code does not apply.
4.6. Any discounts on the price of the goods provided by the seller to the buyer cannot be combined.
4.7. If it is customary in business or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – invoice – to the buyer for payments made on the basis of the Purchase Agreement. The seller is a value-added tax payer. The seller will issue a tax document – invoice – to the buyer upon dispatch of the goods and will send it in electronic form to the buyer's email address or in printed form together with the goods.
4.8. If a new customer places an order, we only accept cash payment upon receipt at the company's registered office, or cash on delivery, or we require advance payment.
4.9. The purchase price must be paid by the due date specified on the invoice. If the customer pays later, any discount benefits will be automatically revoked, and a cash on delivery or advance payment will be required for their next order.
5.1. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase agreement for the delivery of goods that have been modified according to the buyer's wishes or for their person, from a purchase agreement for the delivery of goods that are subject to rapid spoilage, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase agreement for the delivery of goods in a sealed package that the consumer has removed from the package and it is not possible to return it for hygienic reasons, and from a purchase agreement for the delivery of a sound or video recording or computer program if they have violated their original packaging.
5.2. Unless it is a case specified in Article 5.1 or another case where withdrawal from the Purchase Agreement is not possible, the buyer has the right, in accordance with the provisions of § 1829 par. 1 of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days of the receipt of the goods. In the event that the subject of the Purchase Agreement is several types of goods or the delivery of several parts, this period runs from the day of receipt of the last delivery of goods. The withdrawal from the Purchase Agreement must be sent to the seller within the period specified in the previous sentence. The buyer can send the withdrawal from the Purchase Agreement to the address of the seller's establishment or to the seller's email address info@medcomplex.cz.
5.3. In the event of withdrawal from the Purchase Agreement according to Article 5.2 of the Terms and Conditions, the Purchase Agreement is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the agreement. If the buyer withdraws from the Purchase Agreement, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by ordinary mail due to their nature.
5.4. In the event of withdrawal from the agreement according to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the Purchase Agreement, in the same way that the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already upon the return of the goods by the buyer or in another way, if the buyer agrees to this and no additional costs are incurred by the buyer. If the buyer withdraws from the Purchase Agreement, the seller is not obligated to return the received funds to the buyer before the buyer returns the goods or proves that they have sent the goods to the seller.
5.5. The seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
5.6. The seller is entitled to withdraw from the Purchase Agreement at any time until the goods are accepted by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, by cashless transfer to an account designated by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a condition that if the buyer withdraws from the Purchase Agreement, the gift agreement regarding such a gift loses its effect, and the buyer is obliged to return the provided gift to the seller along with the goods.
5.8. Withdrawal from the Purchase Agreement by an entrepreneur and in other cases. If a buyer who is an entrepreneur is allowed to withdraw from the Purchase Agreement, they acknowledge that the returned purchase price may be reduced by the amount by which the value of the goods has decreased. If a buyer who is an entrepreneur is allowed to withdraw from the Purchase Agreement within fourteen days and the returned goods are not in their original packaging, including all parts and accessories, then the buyer-entrepreneur acknowledges that Medcomplex s.r.o. reserves the right to charge a fee for such a return, in an amount that will compensate Medcomplex s.r.o. for the costs necessary to put the goods back on sale. Compensation for the reduction in the value of the goods or compensation for the costs of putting the goods back on sale will be offset against the purchase price returned to the buyer-entrepreneur. A buyer-entrepreneur cannot withdraw from the agreement due to a defect or demand the delivery of a new item if they cannot return the item in the state in which they received it. This does not apply if the condition has changed as a result of an inspection to determine the defect of the item. If the buyer-entrepreneur does not report a defect in the item in time, they lose the right to withdraw from the agreement. To protect the rights of the buyer-entrepreneur, if the buyer is a legal entity and requests a cash payment of the credit note directly at the registered office of Medcomplex s.r.o., the relevant amount will be handed over only to persons authorized to act for the legal entity, i.e., the statutory body, or a person who proves to have an officially verified power of attorney, or a person who is listed as an "administrator" in the buyer's profile on the website www.medcomplex.cz and proves their identity with a civil ID.
5.9. If a customer orders goods (custom) outside of the standard e-shop (Medcomplex s.r.o. is a sales intermediary, not a seller), this is a service where, in the case of withdrawal from the agreement, the costs of returning the goods (abroad) are always exceptionally high. In this case, cancellation fees will be charged in the amount of the loss incurred (this is usually around 35% of the purchase price).
6.1. In the event that the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the seller is obligated by the Purchase Agreement to deliver the goods to a place specified by the buyer in the order, the buyer is obligated to take over the goods upon delivery.
6.3. In the event that for reasons on the buyer's side it is necessary to deliver the goods repeatedly or in a different way than was stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
6.4. Upon taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to immediately notify the carrier. In the event that a violation of the packaging is found that indicates unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
6.5. Other rights and obligations of the parties during the transport of goods may be regulated by the seller's special delivery conditions, if issued by the seller.
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
7.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer received the goods:
7.3. The provisions specified in Article 7.2 of the Terms and Conditions do not apply to goods sold for a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear that the goods had when the buyer received them, or if it results from the nature of the goods.
7.4. If a defect appears within six months of receipt, the goods are presumed to have been defective upon receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within a period of twenty-four months from receipt.
7.5. The buyer exercises their rights from defective performance with the seller at the address of their establishment, where the acceptance of a complaint is possible with regard to the assortment of goods sold, or also at the registered office or place of business. The moment of making a complaint is considered to be the moment when the seller received the complained-about goods from the buyer.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
8.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.
8.2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 par. 1 letter e) of the Civil Code.
8.3. In the sense of Act No. 634/1992 Coll., on consumer protection, the consumer has the right to out-of-court dispute resolution in the event of a dispute with an entrepreneur. The competent authority for out-of-court dispute resolution is the Czech Trade Inspection Authority. Details on out-of-court resolution are available on the website of the Czech Trade Inspection Authority at www.coi.cz.
8.4. The seller is authorized to sell goods on the basis of a trade license. Trade inspections are carried out within their scope by the relevant trade licensing office. The supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority, within its defined scope, also supervises compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.5. The buyer hereby assumes the risk of a change in circumstances in the sense of § 1765 par. 2 of the Civil Code.
9.1. The protection of the personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
9.2. The buyer agrees to the processing of the following personal data: first and last name, home address, identification number, tax identification number, email address, phone number (hereinafter collectively referred to as "personal data").
9.3. The buyer agrees to the processing of personal data by the seller, for the purpose of the realization of rights and obligations from the Purchase Agreement and for the purpose of maintaining the User Account. Unless the buyer chooses otherwise, they also agree to the processing of personal data by the seller for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in the full scope of this article is not a condition that would in itself prevent the conclusion of the Purchase Agreement.
9.4. The buyer acknowledges that they are obliged to provide their personal data correctly and truthfully and that they are obliged to inform the seller of any change in their personal data without undue delay.
9.5. The seller may entrust the processing of the buyer's personal data to a third party as a processor. Apart from persons transporting the goods, personal data will not be passed on by the seller to third parties without the prior consent of the buyer.
9.6. Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form by automated means or in printed form by non-automated means.
9.7. The buyer confirms that the provided personal data are accurate and that they have been informed that the provision of personal data is voluntary.
9.8. If the buyer believes that the seller or processor (Article 9.5) is processing their personal data in a way that is contrary to the protection of the buyer's private and personal life or contrary to the law, especially if the personal data are inaccurate with regard to the purpose of their processing, they can:
9.9. If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable fee for providing the information according to the previous sentence, not exceeding the costs necessary to provide the information.
10.1. The buyer agrees to the sending of information related to the goods, services, or business of the seller to the buyer's email address and further agrees to the sending of commercial communications by the seller to the buyer's email address.
11.1. Delivery can be made to the buyer's email address.
12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights resulting from generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
12.3. The Purchase Agreement, including the Terms and Conditions, is archived by the seller in electronic form and is not accessible.
12.4. Seller's contact details: delivery address: MEDCOMPLEX, s.r.o., Masty 1, 518 01 Dobruška, email address info@medcomplex.cz, phone +420 776 270 683.
