of APOTHECIUM, spol. s r.o., IČO: 25207377, Vojtěšská 211/6, Nové Město, 110 00 Praha 1, Czech republic
1.1. These General Terms and Conditions (hereinafter as „GTC“) apply to purchase in online store www.apothecium.eu, which is operated by APOTHECIUM, spol. s r.o., IČO: 25207377, registered office at Vojtěšská 211/6, Nové Město, 110 00 Praha 1, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, file 364021 (hereinafter as „Seller"). These GTC govern the relationship between the Seller and its business partners in the sale of goods. All contractual relations are concluded in accordance with the laws of the Czech Republic. By placing an order, the Buyer confirms that he has become aacquainted with these GTC and expressly agrees and understands them. The Buyer was informed of these GTC sufficiently before the order was placed and had the opportunity to become familiar with them.
2.1. The Buyer is a consumer or an entrepreneur.
2.2. The Consumer is a natural person who, outside the scope of his business activity or outside the independent exercise of his profession, concludes a contract with the entrepreneur or otherwise treats the entrepreneur. At the commencement of business relations, the Consumer shall only hand over to the Seller his contact information necessary for the smooth execution of the order, or the information he wants to have on the purchase documents. The legal relations of the Seller with the Buyer who is a consumer not expressly regulated by these GTC are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinfafter as "Civil Code), and Act No. 634/1992 Coll., on Consumer Protection, as amended, as well as related regulations.
2.3. The Entrepreneur is a person who independently carries out a gainful activity on his own account and responsibility in a trade or similar manner with the intention to do so consistently for the purpose of making a profit. For the purposes of consumer protection, any person who concludes contracts relating to his own business, production or similar activity or in the course of his or her own occupation, or a person acting on behalf of or for the account of an entrepreneur, shall also be considered an entrepreneur. The legal relations of the Seller with the Buyer who is an entrepreneur not expressly regulated by these GTC are governed by the relevant provisions of the Civil Code as well as related regulations.
3. Processing of Personal Data
3.1. All treatment of Buyer’s personal data is governed by EU Regulation 679/2016 (GDPR) and Act No. 101/2000 Coll., On the protection of personal data, as amended (hereinafter as „Personal Data Protection Act“), and other legal regulations valid in the Czech Republic.
3.2. Buyer data processed for accounting, contractual relationship, complaint and consumer protection purposes are processed on the basis of an obligation imposed by law and are not subject to Buyer's consent.
3.3. By making a free decision (by ticking the relevant option), the Buyer indicates that it gives free, concrete, informed and unambiguous consent to the processing of personal data for the specific purpose described in the relevant option. The Buyer has according to EU Regulation EU 679/2016 (GDPR) and Act No. 101/2000 Coll. On the protection of personal data, in particular the right to revoke the consent to the processing of personal data at any time, to request a change in the stored personal data, upon his request the Administrator shall provide him with information on the processing of personal data, its purpose, personal data subject to processing, including information on their source, the nature of any automated processing, and the recipients of personal data, i.e. those to who were personal data declassified, to request from the Administrator an explanation of the processing of his personal data if he finds out or believes that such processing is not being carried out properly, the right to require the Administrator to fix this situation, in particular by blocking, correcting, supplementing or destroying personal data, and in case of doubt about compliance with obligations related to the processing of personal data, contact the Data Protection Officer of the Administrator or directly to the Office for Personal Data Protection.
3.4. The Administrator will process personal data manually and automatically, but they will not be subject to automated decision making or profiling. The provision of personal data is voluntary. The Seller’s website contains its valid identification information as an online store operator and an updated contact list for contacting Buyers. The Seller is registered in the Register of Administrators of the Office for Personal Data Protection under registration number 00048780 with the date of registration 16th September 2013.
3.5. The Seller as the controller hereby informs the data subject and provides him with explicit instruction on the rights arising from the EU Regulation 679/2016 (GDPR) and Act No. 101/2000 Coll., and especially of his rights according to art. 3.3 of these GTC. All requests, including requests for deletion, withdrawal of consent, complaints should be addressed to the Data Protection Officer to e-mail address email@example.com or by post to:
APOTHECIUM, spol. s r.o.
252 19 Rudná
4.1. The Agreement between the Seller and the Buyer arises from sending an order to the Seller by the Buyer and accepting such an order by the Seller (hereinafter as “Agreement”). The Buyer can order goods from the Seller through the ordering system in the online store, by e-mail or by telephone. By concluding the Agreement by accepting the offer, the Seller shall promptly confirm to the Buyer an informative e-mail to the e-mail address specified by the Buyer in the order or from which the Buyer makes an order, the GTC as amended will be attached.
4.2. The resulting Agreement (including the agreed price) may only be changed or canceled by agreement between the parties or based on legal grounds.
4.3. The Seller informs the Buyer who is a consumer that the costs of means of distance communication do not differ from the basic rate according to the Buyer’s operator.
4.4. The Agreement is concluded in the Czech language.
4.5. The Seller hereby excludes the conclusion of the Agreement in the sense of Section § 1751 (2) of the Civil Code if the Buyer refers to other business terms in accepting the Seller’s proposal to conclude the Agreement.
4.6. Pursuant to Section § 1740 (3) of the Civil Code, the Seller hereby precludes the acceptance of its proposal to conclude an Agreement with an amendment or derogation.
5. Price and Payment
5.1. All prices quoted in the Seller’s online store are contractual, current and valid as long as they are offered by the Seller in its online store. Prices are final, i.e. including VAT. The final calculated price after filling in the order form is already stated including the freight charges in the current amount. The price stated for the goods at the time of ordering the Buyer shall apply as the price at the conclusion of the Agreement. The tax document between the Seller and the Buyer also serves as a delivery note. In principle, the Buyer may take over the goods only after they have been paid in full, unless otherwise agreed.
5.2. In the event that the Buyer makes a payment and the Seller is subsequently unable to deliver the goods, the Seller shall promptly return paid amount to the Buyer in an agreed manner. The time limit for reimbursement of the funds depends on the chosen method of reimbursement, but it must not exceed 14 days from the moment when this impossibility arose.
5.3. The goods remain the property of the Seller until full payment and takeover.
5.4. The Seller accepts the following payment terms:
(a) cash on delivery when goods are delivered
(b) prepay by bank transfer
(c) prepay by credit or debit card
6. Delivery time and Terms of Delivery
6.1. The Seller delivers the goods to the Buyer by handing the goods over to the Buyer or by handing the goods over to the first carrier. This also applies to the Buyer who is a consumer if the Buyer has designated carrier without being offered by the Seller. Otherwise, the goods are handed over to the Buyer who is a consumer when the carrier hands them over to him.
6.2. If the Seller delivers to the Buyer a greater quantity of goods than agreed, the Agreement shall be concluded for the surplus quantity, unless the Buyer refuses them without undue delay.
6.3. Availability of a particular product is always given in the detail of this product at www.apothecium.eu. Delivery time is subject to product availability, payment and delivery terms and is up to 5 business days. The Buyer will receive a tax document/invoice together with the shipment. Within the scope of the efficiency of delivery of the goods, the Seller reserves the possibility to send the goods to the Buyer in multiple deliveries, while the postage costs are paid by the Seller. The delivery time starts for the goods that will be paid by the Buyer upon receipt, i.e. cash on delivery, on the day of receipt of the consignment. In the event that the Buyer chose a different payment option than the payment of the goods upon receipt, the delivery period starts to run only from the full payment of the purchase price, i.e. from the crediting of the respective amount to the Seller’s account.
6.4. The Seller accepts the following delivery terms:
(a) personal takeover at the Seller’s headquarters at: Masarykova 1506/56, 252 19 Rudná, Czech Republic
(b) sent by GLS courier service
7.1. All offered goods are of standard quality and are fully guaranteed according to valid legal regulations.
8. Complaints Procedure
8.1. The complaints Procedure describes how to approach defective goods. Goods are defective if they are not delivered in the agreed quantity, quality and design. Filling of other goods is also considered a defect.
8.2. The Buyer’s right from defective performance constitutes a defect that the goods do not possess when passing the risk of damage to the Buyer, even if it becomes apparent later. The Buyer’s right shall also be established by a later defect that the Seller caused by breach of its obligation.
8.3. The risk of damage passes from the Seller to the Buyer upon receipt of the goods. The same effect shall result if the Buyer does not take over the goods, although the Seller allowed him to dispose of it.
8.4. The Buyer can send the claimed goods to the address: APOTHECIUM, spol. s r.o., Masarykova 1506/56, 252 19 Rudná, Czech republic. The claimed goods should be carefully secured to prevent further damage during transport, the package should be marked visibly “COMPLAINTS” and contain: the claimed goods, a copy of the purchase document, a detailed description of the defect and the Buyer’s contact details. Without the foregoing, it is impossible to identify the origin and defect of the goods.
8.5. Refunds for the claimed goods are governed by point 9.7 of these GTC.
9. Termination of the Contractual Relationship
9.1. The Agreement may be withdrawn in cases where the Seller and Buyer expressly agree to this termination, or in cases where this termination option is provided by law.
9.2. Due to the nature of concluding a contractual relationship by means of distance communication, the Buyer who is a consumer has the right to withdraw from the Agreement without any sanction and without giving a reason within 14 days of receipt of the goods, respectively, or from the receipt of the last delivery of goods within the meaning of Section 1829 of the Civil Code.
9.3. For the purpose of exercising the right of withdrawal, the Buyer must inform the Seller of its withdrawal in the form of a unilateral legal act by means of a letter sent to: APOTHECIUM, spol. s r.o., Masarykova 1506/56, 252 19 Rudná, Czech Republic.
9.4. In order to comply with the withdrawal period, it is sufficient to send the withdrawal before the expiry of the relevant period.
9.5. The Buyer, who is a consumer, is obliged to return the goods back to the Seller or hand over the goods to the Seller without undue delay, but no later than within 14 days of withdrawal at the address: APOTHECIUM, spol. s r.o., Masarykova 1506/56, 252 19 Rudná, Czech republic. The period is considered to be maintained if the Buyer sends the goods back to the Seller before the expiry of 14 days. The Buyer shall bear the direct costs of returning the goods.
9.6. The Buyer, who is a consumer, shall be liable to the Seller within the meaning of Section 1833 of the Civil Code only for the diminution of the value of the goods as a result of handling these goods in a manner other than necessary to familiarize themselves with the nature and properties of the goods, including its functionality.
9.7. If the Buyer, who is a consumer, withdraws from the Agreement, the Seller shall return without undue delay, but no later than within 14 days after withdrawal from the Agreement, all funds, including the cost of delivery of goods received by the Seller under the Agreement. That will be done to the account from which funds were transferred to the Seller, or a bank account expressly communicated to the Seller by the Buyer for this purpose. The Seller is not obliged to return the received funds to the Buyer who is a consumer before the Buyer hands over the goods to him.
9.8. The above mentioned does not apply to the Buyer who is an entrepreneur and concludes the Agreement in connection with his business activities.
9.9. The Seller has the right to withdraw from the Agreement, even if the Buyer fails to pay the full amount of the purchase price within 30 days from the date of conclusion of the Agreement.
10. Final Provisions
10.1. The Buyer shall enable the Seller to fulfill its obligations in accordance with the Agreement, to which it shall develop all necessary cooperation.
10.2. The Buyer acknowledges that the Seller is entitled to assign its receivable from the Agreement to a third party.
10.3. The Buyer shall promptly inform the Seller of a change in its identification data no later than 5 working days from the date such change occurred.
10.4. The Parties undertake to use their best endeavors to settle all disputes arising out of or in connection with the Agreement and/or these GTC.
10.5. These GTC are made in the Czech and English language.
10.6. These GTC come into force and effect on September 1st 2023 and are available on the Seller’s website www.apothecium.eu. These GTC are relevant for all orders made on or after this date. The Seller reserves the right to change the GTC. The new version of the GTC shall be published on the Seller’s website www.apothecium.eu. On the day of their publication, the previous GTCs are invalidated, but this does not affect the Agreements concluded under the current wording of the GTC.