Business Terms and Conditions
General Business Terms
pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”)for the e-shop
havlikovaapoteka.czI. Basic provisions and definitions
1. These General Terms and Conditions (hereinafter the “GTC”) regulate the mutual rights and obligations of the Seller and the Buyer arising in connection with or based on the purchase contract for the sale and purchase of goods through the e-shop.
2. The provisions of these GTC form an integral part of the purchase contract. Discrepant provisions in the purchase contract take precedence over the provisions of the GTC. This does not affect the rights and obligations which arose during the effective term of the prior version of the GTC.3. The e-shop is a web interface located on a website accessible at the internet address www.havlikovaapoteka.cz.
4. The Seller is Havlíkova přírodní apotéka s.r.o., ID No: 02891042, with its registered office at Pod Brentovou 617/9, 150 00 Prague 5, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 224993, engaging primarily in the sale of natural cosmetics (hereinafter the “goods”). The contact e-mail is: eshop@havlikovaapoteka.cz, telephone: +420 777 704 802.
5. A Buyer is a natural person with legal capacity who enters into a purchase contract with the Seller for purposes other than their private, non-business purposes. The sale of alcoholic beverages to persons under 18 years of age is prohibited.
6. A Buyer - consumer means a natural person with legal capacity who enters into a purchase contract with the Seller for their private, non-business purposes. The sale of alcoholic beverages to persons under 18 years of age is prohibited.
II. Orders, conclusion of purchase contracts
1. All goods listed in the e-shop serve an informative purpose and the Seller is not obliged to enter into a purchase contract regarding this goods. The provision of Section 1732(2) of the Civil Code shall not apply.
2. The online shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are listed in the e-shop. This provision does not affect the Seller’s option to enter into a purchase contract on individually agreed terms.
3. The e-shop also contains information about the costs associated with the packaging and delivery of goods. The information about the costs associated with the packaging and delivery of goods specified in the e-shop is valid only in cases where the goods are delivered within the Czech Republic.
4. The Buyer can place an order for goods in the following ways:
a) through their User Account, if they have registered, or
b) by filling in the order form in the e-shop if they have not registered.1. The order always contains the following data:
a) the exact name of the ordered goods,
b) the number of units of the goods,
c) the chosen method of paying the purchase price for the goods and the chosen method of delivering the ordered goods,
d) the Buyer's contact details (name and surname, billing address, delivery address, telephone number, e-mail address).
2. Before sending the order, the Buyer is allowed to check and change the data entered in the order. The Buyer sends the order to the Seller by clicking on the “Confirm Order” button. The data specified in the order is considered correct by the Seller.3. Sending an order is considered to be an act of the Buyer, which identifies in an unquestionable manner the ordered goods, the purchase price, the Buyer's identity, the method of paying the purchase price, and constitutes a binding draft purchase contract for the contracting parties. The condition for validity of the order is the completion of all the mandatory data in the order form, becoming familiar with these GTC on the website, and the Buyer’s confirmation that they have become familiar with these GTC.
4. Immediately upon receipt of the order, the Seller will send an automatic e-mail of acceptance and confirmation of the order to the Buyer's e-mail address.
5. The Seller is always entitled, depending on the nature of the order (quantity of goods, value of the purchase price, estimated shipping costs), to ask the Buyer for additional order confirmation (for example, in writing or by phone).
6. If any of the requirements specified in the order cannot be fulfilled, the Seller shall send to the Buyer's e-mail address
7. The amended offer is considered a new draft purchase contract and in this case, the purchase contract is concluded only upon confirmation of acceptance by the Buyer sent to the Seller’s e-mail address.
8. All orders accepted by the Seller are binding. The Buyer may cancel orders not yet confirmed by the Seller by calling the Seller's contact phone number or writing to the Seller's contact e-mail address. Later cancellation of the order is possible only after agreement with the Seller. If an order for goods is cancelled in this manner in cases where withdrawal from the contract is not possible, the Seller is entitled to compensation of the costs already incurred in connection with the purchase contract.
9. The purchase contract between the Seller and the Buyer is concluded by:
confirmation of the order sent by the Seller to the Buyer's e-mail address; however, the Seller is not obliged to perform before receiving the purchase price from the Buyer;
payment of the purchase price, if it occurs before the fact under point a).10. If there was an obvious technical error on the part of the Seller when listing the price of the goods in the e-shop or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price, even if the Buyer was sent a confirmation of acceptance of the order according to these GTC. The Seller shall notify the Buyer if the price listed for the goods in the e-shop or during the ordering process is no longer current. If the Buyer does not agree with the price increase, the Seller reserves the right to withdraw from the purchase contract.
11. The Buyer agrees to the use of remote means of communication in concluding the purchase contract. Costs incurred by the Buyer when using remote means of communication in concluding the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer, whereas these costs do not differ from the basic rate.
Pursuant to the Act on electronic records of sales, the Seller is obliged to give the Buyer a receipt. Furthermore, the Seller is obliged to register the received revenue online with the tax administrator; in case of technical failure, within 48 hours at the latest. The Buyer agrees to the issuance and sending of the receipt by the Seller in electronic form to their e-mail address indicated in the order or in the user account.III. User account
1. The Buyer can access their User Account based on their registration in the e-shop. From their
2. When registering for a User Account and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data provided in the User Account in case of any change. The data provided by the Buyer in the User Account and when ordering goods are considered correct by the Seller.
3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the credentials needed to access their Customer Account. The Seller is not liable for any misuse of the User Account by third parties.
4. The Buyer is not authorised to allow third parties to use the User Account.
5. The Seller may cancel the User Account, in particular if the Buyer no longer uses their User Account or in the event that the Buyer breaches of their obligations under the purchase contract.
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 equipment, or the necessary maintenance of third-party hardware and software equipment.
IV. Price of goods, payment terms and delivery of goods
1. The Buyer may pay the price of the goods and any costs associated with delivering the goods under the purchase contract to the Seller in the following ways:
a) cashless transfer to the Seller's bank account specified in the order confirmation (hereinafter the “Seller's account”),
b) cashless transfer to the Seller's account through a payment gateway,
c) cash on delivery,
d) cash on personal collection at the selected collection point.2. Payment for goods is possible in Czech crowns (CZK).
3. Any additional payments by the Buyer in connection with the above methods of payment of the price of goods are indicated in the e-shop, in the order and will be indicated in the order confirmation. Instructions for cashless payment will be communicated to the Buyer in the order confirmation.
4. Together with the purchase price, the Buyer is also obliged to pay to the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivering the goods.
5. In justified cases, especially if the Buyer fails to reconfirm the order or for orders with a total price of more than CZK 10,000, the Seller is entitled to require payment of the full purchase price before the goods are sent to the Buyer. The provision of Section 2119(1) of the Civil Code shall not apply.
6. In case of cash payment, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is payable within 2 weeks from concluding the purchase contract.
7. In case of cashless payment, the Buyer is obliged to pay the purchase price for the goods with specification of the variable symbol of the payment. In case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller’s bank account.
8. Goods that are in stock are usually dispatched by the Seller, in the case of cash on delivery, on the second business day from receipt of the order (orders received on Friday and at the weekend are processed on the following Monday). In the case of payment via bank transfer to a bank account,
9. The methods of goods delivery are:
a) to the delivery address specified by the Buyer in the order,
b) personal collection at the collection point selected in the order,
c) depositing at the Zásilkovna pick-up location selected by the Buyer in the order.10. The cost of delivering the goods are indicated in the e-shop depending on the method of shipment and receipt of the goods, and will be indicated in the
11. If the method of transport is agreed on the basis of a special request from the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
12. If the Seller is obliged under the purchase contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.
13. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and notify the carrier immediately in the event of any defects. In the event of a breach of the packaging indicating unauthorised tampering with the shipment, the Buyer is not obliged to accept the shipment from the carrier.
14. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a different manner than specified 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.
15. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined unless the Seller expressly states otherwise.
16. The Seller shall issue an invoice/tax document to the Buyer in respect of payments made under the purchase contract. The Seller will issue this document to the Buyer after payment of the price for the goods and send it together with the purchase contract and these GTC in electronic form to the Buyer’s e-mail address, or at the same time as the goods.
17. If the Buyer does not accept the goods and does not withdraw from the purchase contract in accordance with these GTC, the Seller is entitled to compensation for the costs associated with the delivery of the goods and their storage (max. CZK 20 for every day of storage with the Seller, and a maximum total of CZK 500), and any other costs incurred by the Seller due to non-acceptance of the goods by the Buyer; it also has the right to withdraw from the purchase contract.
19. The Buyer acquires ownership of the goods by paying the full purchase price for the goods (including delivery costs), but not before accepting of the goods. Liability for accidental destruction, damage or loss of the goods passes to the Buyer at the moment of accepting the goods or at the moment when the Buyer was obliged to accept the goods but failed to do so in violation of the purchase contract.
20. The buyer assumes risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
V. Withdrawal from the contract
1. In accordance with the provisions of Section 1829(1) of the Civil Code, the Buyer - consumer (referred to in this article as the “consumer”) has the right to withdraw from the purchase contract within 14 days of receipt of the goods, whereas if the subject of the purchase contract includes several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the Seller within the deadline specified in the previous sentence.
2. The consumer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract:
a) for the delivery of goods that have been modified according to the Buyer’s request or for their person,
b) for the delivery of goods whose price depends on financial market fluctuations independent of the Seller’s will and which may occur during the withdrawal period,
c) for the delivery of perishable goods, as well as goods which have been irreversibly mixed with other goods,
d) the delivery of goods in sealed packaging which have been removed by the consumer and cannot be returned for reasons of hygiene,
e) the delivery of foods, beverages or other goods for common consumption delivered to the consumer’s household or to another place designated by the consumer (Section 1840(g) of the Civil Code)3. To withdraw from the purchase contract, the consumer may use the specimen form provided by the Seller, which forms Annex No. 2 to these GTC. The Buyer may send the notice of withdrawal from the purchase contract to the Seller's contact e-mail address or its registered office address. The provisions of Article XI of these GTC apply to delivery of the notice of withdrawal.
4. The purchase contract is cancelled from the outset by withdrawal therefrom. The Buyer is obliged to return the goods to the Seller within 14 days of withdrawal from the contract. If the consumer withdraws from the purchase contract, the costs associated with returning the goods shall be borne by the Seller, even if the goods cannot be returned via the usual postal route given their nature. The Seller shall refund the payment received from the consumer within 14 days of the consumer’s withdrawal from the purchase contract, in the same manner as the Seller received the payment from the consumer. The Seller is also authorised to return the performance provided by the consumer as soon as the consumer returns the goods or by other means, provided that the consumer agrees to this and no additional costs are incurred by the consumer. If the consumer withdraws from the purchase contract, the Seller is not obliged to refund the payment to the consumer before the consumer returns the goods to the Seller or proves that they have sent the goods to the Seller.
5. The goods must be returned to the Seller undamaged, unused and uncontaminated and, if possible, in their original packaging.
The Seller is authorised unilaterally to offset the claim for compensation of damage to the goods against the Buyer’s claim for a refund of the purchase price.6. The Seller has the right to withdraw from the purchase contract in the cases specified in these GTC and furthermore if the goods cannot be delivered under the original terms for objective reasons (the goods are no longer produced, the supplier has ceased to deliver to the Czech Republic, the price or delivery costs have increased significantly), if the performance becomes objectively impossible, or if the Buyer has not settled all outstanding obligations to the Seller on the date of issuing the order. In this case, the Seller shall refund the purchase price to the consumer without undue delay in cashless form to the account designated by the Buyer.
7. If the Seller withdraws from the contract, the Seller shall inform the Buyer of this fact without delay. If the Buyer has already paid the purchase price in full or in part, the amount received will be refunded to the Buyer in cashless form: to the bank account designated by the Buyer for this purpose, or to the account from which the funds were transferred to pay the purchase price, if the Buyer does not disclose any bank account in the notice withdrawal, within 30 days of withdrawal from the purchase contract.
8. If the Buyer receives a gift together with the goods, a donation agreement between the Seller and the Buyer is concluded with the condition that if the consumer withdraws from the purchase contract, the donation agreement regarding such gift shall cease to be effective and the Buyer is obliged to return the gift to the Seller together with the goods.
VI. Rights from defective performance
1. The rights and obligations of the parties with regard to the rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
2. Other rights and obligations of the parties related to the Seller’s liability for defects are regulated by the Seller’s Complaints Procedure, which forms Annex No. 2 to these GTC.
VII. Personal data protection
1. Protection of the personal data is provided in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/64/EC (GDPR) and Act No. 110/2019 Coll., on personal data processing.
Further information about personal data processing, including the rights of data subjects and how to exercise them, is available in the current version at https://havlikovaapoteka.cz/en/privacy-policy/.2. We determine your satisfaction with your purchase by means of e-mail questionnaires within the framework of the Verified by Customers program, which our e-shop engages in. We send you this questionnaire every time you make a purchase with us, unless you opt out of receiving it in accordance with Section 7(3) of Act No. 480/2004 Coll., on certain information society services. Personal data processing for the purpose of sending questionnaires within the framework of the Verified by Customers program is carried out based on our legitimate interest, which consists in determining your satisfaction with your purchase. We use a processor to send the questionnaires, evaluate your feedback and analyse our market position, that being the operator of the Heureka.cz portal; for these purposes, we may transfer information about the goods you have purchased and your e-mail address. Your personal data are not transferred to any third party for its own purposes when sending e-mail questionnaires. You may object to the sending of e-mail questionnaires under the Verified by Customers program at any time by rejecting further questionnaires using the link in the e-mail containing the questionnaire. If you object, we will not send you any more questionnaires.
VIII. Sending commercial communications (newsletters) and storing cookies
1. Unless specified otherwise by the Buyer, the Buyer agrees to receive information related to the Seller’s goods, services or business to the Buyer's e-mail address and further agrees to receive commercial communications (newsletters) from the Seller to the Buyer’s e-mail address.
2. In order to improve user friendliness, the Seller uses cookies in the operation of the e-shop - small text files that are stored on the computer of the e-shop visitor during the visit to the e-shop to store occasional track visitors' activity in the e-shop. By confirming the information about the use of cookies on the homepage of the e-shop, the visitor agrees to the use of cookies. For more information about cookies, visitors can read the link next to the checkbox. Visitors are not obliged to consent to the use of cookies, in which case the Seller cannot guarantee the full functionality of the e-shop.
IX. Delivery
The parties may deliver any mutual correspondence other via e-mail communication, to the e-mail address specified in the Buyer’s User Account or specified by the Buyer in the order, respectively to the Seller’s contact address specified in the e-shop.X. Final provisions
1. Any arrangements between the Seller and the Buyer are governed by the valid and effective legal code of the Czech Republic. If the relationship concluded under the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by the legal code of the Czech Republic. This does not affect the consumer rights arising from generally binding legal regulations.
2. In this Agreement, unless the context clearly indicates otherwise, the singular meaning of a word shall include the plural meaning of that word and vice versa.
3. If these GTC are available to the Buyer in more than one language version, the Czech version shall take precedence. In this case, the Seller is not liable for the accuracy of such translation.
4. Should any provision of the GTC be (or become) invalid, ineffective or unenforceable, the provision that best corresponds meaning to the invalid, ineffective or unenforceable provision shall apply instead. The invalidity, ineffectiveness or unenforceability of one provision does not affect the validity of the other provisions.
5. In matters not covered by these GTC, the legal relationship is governed by the terms and conditions stipulated in the e-shop. Information about the individual technical steps leading to the conclusion of the purchase contract can be found in the e-shop.
6. The Seller is authorised to sell goods on the basis of a trade license and the Seller’s activity is not subject to any other authorisation. Trade inspection is carried out within the scope of its capacity by the competent trade licensing authority. Supervision of personal data protection is carried out by the Office for Personal Data Protection (https://www.uoou.cz). The Czech Trade Inspection Authority (https://www.coi.cz) oversees compliance with the legislation on technical requirements for goods and safety of goods. The Czech Trade Inspection Authority also oversees compliance with consumer protection regulations. Consumers’ rights are also defended by consumer associations and other consumer protection bodies.
Any complaints are handled by the Seller via its contact e-mail or contact phone number. The competent authority for out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority (Česká obchodní inspekce), registered office at Štěpánská 567/15, 120 00 Prague 2, ID No. 000 20 869, website: https://www.coi.cz. The Seller is not bound by any codes of conduct in relation to the Buyer, nor does it voluntarily comply with any such codes (within the meaning of Section 1826(1)(e) of the Civil Code).
7. The content of the Seller’s e-shop (texts, photographs, images, logos, etc.) and the content in related online and print media (promotional flyers, advertisements, etc.), including the e-shop software and these GTC, is protected by the Seller’s copyright and may be protected by other rights of the Seller and/or third parties. The content may not be altered, copied, reproduced, distributed by the Buyer or User or used by any third party for any purpose without written consent from the Seller. In particular, it is forbidden to distribute the photographs and texts posted in the e-shop, for a fee or free of charge, without prior written consent from the Seller. In the event of non-compliance with this prohibition, the Seller shall proceed in particular in accordance with Act No. 121/2000 Coll., the Copyright Act, as amended, and Act No. 40/2009 Coll., the Criminal Code, as amended. The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.
8. The Seller is not liable for errors resulting from third-party interference with the e-shop or its use contrary to its intended use. When using the e-shop, the User and the Buyer must not use any procedures that could have a negative impact on its operation and must not perform any activity that could allow them or third parties to interfere with or use the software or other components of the e-shop in an unauthorised manner and use the e-shop or its parts or software in a manner that would be contrary to its designation or purpose.
9. The purchase contract including the GTC is retained and archived by the Seller in electronic form and is not accessible to third parties. The provisions of these GTC and the law on provision of the purchase contract and GTC to the Buyer are in no way affected. The Seller shall provide the purchase contract including the GTC to the Buyer in electronic format via e-mail.
10. In the event of a query regarding the GTC and the purchase contract, the Seller shall provide the Buyer with all necessary information without delay.
The Seller reserves the right to amend these GTC to the extent appropriate in accordance with Section 1752 of the Civil Code. The Seller shall publish the new version of the GTC on its website and the Buyer shall be notified of such amendment via e-mail within a reasonable time before the new GTC come into effect. The Buyer has the right to reject the amended GTC in writing no later than on their effective date. If the Buyer does not reject the amended GTC within this deadline, the contractual relationship is governed by the new GTC.11. If the Buyer rejects the amended / new full version of the GTC, the Seller and the Buyer are authorised to terminate the contractual relationship prematurely by mutual agreement or notice. The notice period in this case is 2 months from the written notification of the amendment to the GTC to the other party.
12. Annex No. 1 to these GTC consists of Specimen form for withdrawal from the contract
13. Annex No. 2 to these GTC consists of Claims Procedure
14. Annex No. 4 to these GTC consists of Personal Data Protection Policy
15. The Buyer and the Seller agree to resolve any disputes amicably or with the help of a mediator. If resolving their relations through the courts, the parties hereby agree on the local jurisdiction of the District Court for Prague 5 or the Regional Court in Prague in accordance with Section 89a of the Code of Civil Procedure.
These GTC come into effect on 25 May 2018.
Havlíkova přírodní apotéka s.r.o.