Terms & Conditions

I. INTRODUCTORY PROVISIONS

1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the NATURAMEDICIN SE business corporation (hereinafter referred to as "Seller") govern the mutual rights and obligations of the parties arising in connection with or pursuant to a purchase contract (hereinafter referred to as "Purchase Contract") concluded between the Seller and another natural or legal person (hereinafter referred to as "Buyer") through the Seller's online store. The online shop is operated by the Seller on the internet address www.naturamedicin.com, www.naturamedicin.eu through a web interface (hereinafter referred to as the "web interface of the shop").
2. The Terms and Conditions further regulate the rights and obligations of the contracting parties in the use of the Seller's website located under the Internet portal at www.naturamedicin.com, www.naturamedicin.eu (hereinafter referred to as the "Website") and other related legal relations.
3. The Terms and Conditions further regulate the rights and obligations of the Seller and the Buyer who becomes a member of a club (hereinafter referred to as the "Club Member") through which the Seller allows Buyers to participate in the sale of selected goods in the Seller's portfolio and thus earn commissions from this brokerage activity (hereinafter referred to as the "Membership Club").
4. Provisions deviating from the terms and conditions may be agreed in a purchase or other separate contract. Deviating provisions in the purchase or other separate contract shall prevail over the provisions of the terms and conditions.
5. The provisions of the terms and conditions are an integral part of every purchase contract. By purchasing goods through the web interface of the shop, the buyer expresses his will to be bound by the provisions of these terms and conditions.
6. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. If the Buyer does not agree with the change of the Terms and Conditions, he may cancel his user account within 30 days from the date of publication of the new version of the Terms and Conditions on the website. If he/she fails to do so, the irrebuttable legal presumption shall apply that he/she wishes to remain in a contractual relationship with the Seller and that this contractual relationship is to be governed by the new version of the Terms and Conditions as of the effective date of the new version.

II. USER ACCOUNT

1. The Seller requires the Buyer to register in order to purchase goods through the shop's web interface. The Seller justifies this step by its aim of providing the Buyer with the best possible service, including the possibility of becoming a club member, while protecting other buyers against unfair activities by third parties. Following registration on the Website, the Buyer may access their user interface (the "user account"). From the user account, the Buyer may order goods, track orders and apply for club membership.
2. The Buyer acknowledges that they have no legal entitlement to the creation of a user account. If interested in having an account created, the Buyer must request registration through an existing club member. If the request is approved, the Buyer receives access details for creating a user account. When registering and ordering goods, the Buyer must provide accurate and truthful information. The Buyer must update the information in the user account whenever it changes. The Seller considers the information provided by the Buyer in the user account and when ordering goods to be correct.
3. Access to the user account is secured with a username and password. The Buyer shall maintain confidentiality regarding the information necessary to access his/her user account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer.
4. The buyer is not entitled to allow third parties to use the user account.
5. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than two years or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
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 hardware and software equipment of third parties.
7. The buyer is entitled to cancel his user account at any time.

III. MEMBERSHIP IN CLUB NATURAMEDICIN

1. The Seller allows the Buyer to apply for membership in the Club through his/her user account and thus get the opportunity to participate in the sale of selected goods in the Seller's portfolio.
2. Membership in the NATURAMEDICIN club is not a condition for the conclusion of the purchase contract between the seller and the buyer.
3. The conditions for the creation and termination of membership in the NATURAMEDICIN Club and other related rights and obligations arising from membership are regulated in the Addendum to the Terms and Conditions.

IV. CONCLUSION OF THE PURCHASE CONTRACT

1. The shop's web interface contains a list of the goods offered for sale by the Seller, including the prices of the individual goods. For deliveries to consumers in EU Member States, the total order amount shown before the order is submitted with binding effect includes the price of the goods, VAT at the rate applicable in the country of delivery and the cost of the selected delivery method. The offer for sale and the prices remain valid for as long as they are displayed in the shop's web interface. This provision does not restrict the Seller's ability to conclude a purchase contract on individually agreed terms. All offers of goods displayed in the shop's web interface are non-binding, and the Seller is not obliged to conclude a purchase contract for those goods.
2. The shop's web interface also contains information on the costs associated with payment, packaging and delivery of the goods.
3. To order goods, the Buyer completes the order form in the shop's web interface. The order form contains, in particular, information on the ordered goods (which the Buyer places in the electronic shopping basket), the method of payment, the requested delivery method and expected delivery time, and the costs associated with payment and delivery of the goods (collectively, the "order").
4. Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the order, including with regard to the Buyer's ability to detect and correct errors arising from the data entered into the order. The Buyer sends the order to the Seller by clicking on the "order" button. The data provided in the order is considered correct by the Seller. The Seller shall send the Buyer a recapitulation of the order immediately after receipt of the order and its payment. The Buyer acknowledges that this recapitulation is generated by an automated system and is not an acceptance of the order and therefore does not bind the Seller to deliver the goods.
5. Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. electronically or by phone).
6. The contractual relationship (purchase contract) between the seller and the buyer is established by the acceptance of the order by the seller. The Seller usually performs the acceptance by issuing a document of settlement and acceptance of the purchase price (invoice) and sending it to the Buyer in electronic form. If the Seller sends the goods before sending the invoice, the purchase contract is already formed by sending the ordered goods to the Buyer at the address specified in the order, unless otherwise expressly agreed. The Seller shall issue the Buyer, who is a consumer, with a confirmation of the conclusion of the purchase contract no later than together with the delivery of the goods. The Seller is not obliged to send the Buyer who is not a consumer a confirmation of the purchase contract. The content of the purchase contract shall consist of these terms and conditions and the Buyer's order, which shall be accepted by the Seller.
7. The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Agreement, especially with persons who have previously materially breached the Purchase Agreement (including the Terms and Conditions).
8. The buyer agrees to the use of remote communication means in concluding the purchase contract. Costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.
9. The contract can be concluded in the following languages: Czech, English. Other languages will be added gradually. The Contract shall be governed by the law of the Czech Republic, in particular the Civil Code, irrespective of the language in which it is concluded.

V. PRICE OF GOODS AND PAYMENT TERMS

1. The Buyer may pay the price of the goods and delivery costs by bank transfer, including payment using a QR code, or through the Stripe payment gateway by payment card, Apple Pay or Google Pay, where these options are available in the payment interface.
2. Together with the price of the goods, the Buyer pays the Seller the delivery costs and other charges expressly stated in the order before its submission with binding effect. Any import duty, import VAT or similar local taxes and customs clearance charges for deliveries outside the EU are not included in the amount paid to the Seller unless expressly included in the order. Payment of these charges is governed by the provision of these Terms and Conditions concerning deliveries outside the EU.
3. The purchase price is payable immediately after ordering the goods. The Seller is not obliged to ship goods whose purchase price has not been paid in full.
4. In the event that the Buyer makes payment and the Seller is subsequently unable to ensure delivery of the goods, the Seller shall refund the amount paid to the Buyer within 30 days of the date of discovery of the impossibility of delivery. The Buyer shall not be entitled to compensation for damages or any other rights in such a case except the refund of the purchase price, or expressly waives these rights.
5. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
6. If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice - to the Buyer in respect of payments made under the Purchase Agreement.
7. For deliveries outside the EU, the Buyer pays any import duty, import VAT or similar local taxes and customs clearance charges if they arise under the laws of the importing country and are not expressly included in the order amount.

VI. WITHDRAWAL FROM THE PURCHASE CONTRACT

1. This article does not apply where the Buyer is not a consumer within the meaning of the relevant provisions of the Civil Code. A Buyer who is not a consumer has no right to withdraw from the contract.
2. The Buyer acknowledges that, under Section 1837 of the Civil Code, withdrawal from a purchase contract is excluded, among other cases, for the supply of goods made to the Buyer's specifications, goods liable to deteriorate rapidly, goods irreversibly mixed with other goods after delivery, and goods supplied in sealed packaging which are unsuitable for return for health protection or hygiene reasons once the consumer has broken the seal.
3. Unless a case in which withdrawal is excluded applies, the Buyer may withdraw from the purchase contract without giving a reason under Section 1829(1) of the Civil Code within fourteen (14) days beginning on the day after the Buyer or a third party designated by the Buyer receives the goods, or receives the last item where several items were ordered and delivered separately. The Buyer may withdraw by any unequivocal statement addressed to the Seller. The Seller recommends sending written notice of withdrawal, which may be sent on the last day of the withdrawal period, to the Seller's business premises at Kurta Konráda 2457/8, 190 00 Praha 9, or by email to reklamace@naturamedicin.com. To meet the withdrawal deadline, it is sufficient to send the notice before the relevant period expires. The Buyer may use the model withdrawal form attached to these Terms and Conditions, but is not obliged to do so.
4. If the Buyer withdraws from the contract, the Seller refunds without undue delay, and no later than 14 days after receiving the notice of withdrawal, all payments received from the Buyer under the contract, including delivery costs, except additional costs resulting from the Buyer's choice of a delivery method other than the least expensive method offered by the Seller. The Seller uses the same payment method as the Buyer used for the original transaction unless the Buyer has expressly specified otherwise. The Buyer incurs no additional costs as a result. The Seller may withhold reimbursement until it has received the returned goods or the Buyer has provided evidence of sending them back, whichever occurs first.
5. The Buyer must send the goods back to the Seller without undue delay, and no later than 14 days after withdrawing from the contract, to Kurta Konráda 2457/8, 190 00 Praha 9, or another address specified by NATURAMEDICIN SE on its website. The deadline is met if the Buyer sends the goods before the 14-day period expires. If the Buyer breaches the obligation in the preceding sentence, the Seller is entitled to compensation for any resulting damage. The Buyer returns the goods undamaged and unworn and, where possible, in their original packaging.
6. After the goods have been returned under Article VI, paragraph 5 of these Terms and Conditions, the Seller may examine them, in particular to establish whether they are damaged, worn or partially consumed. On withdrawal from the contract, the Buyer is liable only for a reduction in value resulting from handling the goods beyond what is necessary to establish their nature, characteristics and functioning. The Seller may unilaterally set off its claim for compensation for damage against the Buyer's claim for reimbursement of the purchase price.
7. The Buyer acknowledges that, on withdrawal from the contract, the Buyer bears the costs of returning the goods to the Seller.
8. If the Buyer received a gift with the order and withdraws from the purchase, even if only in relation to individual goods in that order, the Buyer must return the undamaged gift to the Seller together with the returned goods.

VII. TRANSPORT AND DELIVERY OF GOODS

1. When ordering goods, the buyer is usually given the opportunity to choose the method of delivery. If the buyer does not do so, the seller chooses the method of delivery. If the method of delivery is determined by the Buyer's choice, the Buyer bears the risk and any additional costs associated with this method of delivery.
2. 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 take delivery of the goods upon delivery. If the buyer does not take delivery of the goods, the seller is entitled to demand a storage fee of 50 CZK (fifty Czech crowns) for each day of storage and is further entitled to withdraw from the purchase contract.
3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with a different method of delivery.
4. Upon receipt of the goods from the carrier or from the place of delivery, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier or the representative of the point of delivery where the goods are delivered. In the event of a breach of the packaging indicating unauthorised intrusion, the Buyer may not accept the goods. By accepting the consignment without a list of reservations, confirmed by the carrier or the responsible employee of the place of delivery, the buyer confirms that the consignment of goods has met all the conditions and requirements and that any later claims regarding the breach of the packaging of the consignment cannot be taken into account.
5. The Buyer acknowledges that the delivery date stated on the order or its recapitulation is an estimated and not a binding date. The Seller shall not be liable for late delivery of the goods compared to this estimated date, as the exact date of delivery of the goods depends on the capabilities of the carrier who transports the goods to the Buyer or to the point of delivery.
6. Other rights and obligations of the parties in the carriage and delivery of the goods may be regulated by the Seller's delivery conditions.

VIII. LIABILITY FOR DEFECTS

1. The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the relevant generally binding regulations (in particular the provisions of § 2099 et seq. of the Civil Code).
2. The seller is liable to the buyer, who is a consumer, for the fact that the goods are free from defects upon receipt. In particular, the seller is liable for the fact that (i) the goods correspond to the agreed description, type and quantity, as well as quality, functionality and other agreed characteristics, (ii) the goods are suitable for the purpose for which the buyer requires them and to which the seller has agreed, (iii) the goods are delivered with the agreed accessories and instructions for use.
3. The seller shall be liable to the buyer who is a consumer that, in addition to the agreed characteristics, the goods (i) are fit for the purpose for which goods of that kind are usually used, including with regard to legal provisions, (ii) the goods correspond in quantity, quality and other characteristics, including functionality and safety, to the usual characteristics of goods of the same kind which the buyer may reasonably expect, (iii) the goods are supplied with the accessories, including packaging, and instructions for use which the buyer can reasonably expect, (iv) the goods correspond in quality or workmanship to the sample or sample provided by the seller to the buyer before the contract was concluded.
4. For a buyer who is not a consumer, the seller will deliver the ordered goods with the agreed characteristics and a warning of any defects that are not usually found on the goods. Otherwise, the goods shall be deemed to be defective. The rights of such a buyer in respect of defective performance shall be governed by the general provisions of the Civil Code; the provisions of § 2158 - § 2176 of the Civil Code shall not apply.
5. In the event that the item is not in conformity with the Purchase Contract upon receipt by the Buyer (hereinafter referred to as "Contradiction with the Purchase Contract"), the Buyer shall have the right to have the Seller restore the item to the condition corresponding to the Purchase Contract free of charge and without undue delay, either by replacing the item or by repairing it, as requested by the Buyer (if one of the methods is unreasonably expensive compared to the other, the Seller shall not be bound by the Buyer's choice); if such a procedure is not possible, or if the seller has refused to remedy the defect, the buyer may demand a reasonable reduction in the price of the item or withdraw from the contract. This does not apply if the buyer knew of the breach of the contract of sale before taking delivery of the goods or caused the breach of the contract of sale. A conflict with the contract of sale which becomes apparent within one year from the date of receipt of the goods shall be deemed to have already existed at the time of receipt, unless the nature of the goods or the defect precludes it or unless the contrary is proved. The provisions of this paragraph shall not apply if the buyer is not a consumer within the meaning of the Civil Code.
6. Unless the goods are perishable or second-hand, the seller is liable to the buyer, who is a consumer, for defects that manifest themselves as a breach of the purchase contract after taking delivery of the goods within 2 years from the date of conclusion of the purchase contract, but if the goods do not have an expiry date, in which case the period is reduced only to the date marked on the packaging of the goods. Liability for defects or liability for damages does not apply to defects or cases that arise as a result of damage to the goods after their delivery to the buyer due to the actions of the buyer or third parties, improper use (especially in violation of the package leaflet) or storage.
7. Upon receipt of the goods, the Buyer is obliged to check the completeness and integrity of the packaging and whether there are no obvious defects and whether the goods are delivered with complete documents or other accessories with which they should have been delivered. Failure to comply with this obligation does not exclude the seller's liability for defects in the goods but allows the seller to argue that the defect occurred after delivery. Any discrepancies must be reported to the carrier or the responsible representative of the place of delivery on receipt of the goods and a report of such defects must be drawn up with the carrier or the responsible representative of the place of delivery or the buyer may refuse to accept the consignment. The Seller recommends taking photographic documentation of the damage to the goods and/or packaging in the event of receipt from the carrier or the point of delivery.
8. The buyer's rights arising from the seller's liability for defects shall be exercised by the buyer in writing to the seller at the address of his/her establishment or electronically at reklamace@naturamedicin.com. The shipment by which the Buyer will claim must include the following: the goods claimed, a description of the claim, the date and circumstances of the discovery of the defect, the chosen claim and the Buyer's contact details (correspondence address, telephone number and e-mail). In the absence of any of these details, the claim cannot be processed and will have to be completed at the request of the Seller. The Seller shall notify the Buyer at his e-mail address of the acceptance of the claim within 5 working days of receipt of the complete claim. If the complaint has been made electronically, the Seller shall, depending on the nature of the defect, invite the Buyer to send the goods complained of to the Seller's premises. The Seller shall settle the complaint, i.e. notify the result of the complaint procedure within 30 days from the date of receipt of a complete complaint.
9. The Seller shall not be liable to the Buyer for any damage caused by delayed delivery of the ordered goods or for damage that the Seller could not have foreseen or prevented. The Seller shall also not be liable to the Buyer for damage and/or defects which could have been prevented by the timely action of the Buyer or which were also caused by the Buyer's action. The Seller shall also not be liable for any costs incurred by the Buyer in ordering the goods, in claiming the goods or in exercising its other rights in connection with the Purchase Contract. The Seller is entitled to define further conditions of the claim and warranty in the Complaints Procedure.

IX. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The buyer, who is a consumer, acquires ownership of the goods upon receipt of the goods. Other buyers acquire ownership of the goods by paying the full purchase price.
2. The Buyer acknowledges that the software and other components forming the web interface of the shop (including photographs and texts of the offered goods), labels and packaging design as well as the recipe of the goods are protected by copyright, respectively intellectual and industrial property rights. The Buyer undertakes not to carry out any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the web interface of the shop, the labels and packaging design as well as the recipe of the goods themselves and not to infringe in any way the Seller's intellectual and industrial property rights.
3. The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the shop. The web interface of the shop may only be used to the extent that is not detrimental to the rights of other customers of the Seller and that is consistent with its purpose.
4. The Seller is not bound by any codes of conduct in relation to the Buyer.
5. The Buyer acknowledges that the Seller shall not be liable for errors resulting from third party interference with the Website or from use of the Website contrary to its intended use.

X. PERSONAL DATA PROTECTION AND COMMERCIAL COMMUNICATIONS

1. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EC) 2016/679 of the European Parliament and of the Council 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 95/46/EC (General Data Protection Regulation) with regard to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations of this Contract and for the purposes of the performance of the Seller's public law obligations through a separate document - the Personal Data Processing Policy.
2. The Seller may send to the Buyer, with whom he has concluded a purchase contract, to his electronic address commercial communications concerning similar goods offered by the Seller pursuant to § 7 paragraph 3 of Act No. 480/2004 Coll., on Information Society Services, unless the Buyer has refused. The sending of commercial communications can be refused at any time by sending an e-mail to club@naturamedicin.com, by ticking the opt-out box when creating an order or by clicking on the link in the commercial communication. The buyer's e-mail address is stored for this purpose for a period of 2 years from the conclusion of the last purchase contract.
3. The Seller also places cookies and other related technologies on the Buyer's device in order to operate its business. Without consent, only so-called functional cookies are stored, without which the web interface of the shop could not function. Other cookies are only used on the basis of the Buyer's consent, which can be revoked at any time. Further information about cookies and other related technologies used by the Seller and its contractual partners is provided in the Cookie Policy. The Cookie Policy can be found on the website https://naturamedicin.com/cookie-policy/.

XI. DELIVERY OF CORRESPONDENCE

1. Unless otherwise agreed, all correspondence related to the Purchase Agreement must be delivered to the other party in writing, either by electronic mail, in person or by registered mail through the postal service provider (at the sender's choice). The Buyer shall be delivered to the e-mail address indicated in his/her user account.
2. The message is delivered:
   • in the case of delivery by electronic mail, the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,
   • in the case of delivery in person or through a postal service operator, by the recipient taking delivery of the parcel,
   • in the case of delivery in person or through a postal service operator, also by refusing to accept the consignment if the addressee (or a person authorised to accept the consignment on his/her behalf) refuses to accept the consignment,
   • in the case of delivery through a postal service operator, the expiry of the period of ten (10) days from the deposit of the consignment and the giving of a notice to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service operator, even if the addressee has not been informed of the deposit.

XII. FINAL PROVISIONS

1. The Purchase Contract, of which these Terms and Conditions are a part, is governed by Czech law and any disputes are subject to the jurisdiction of the courts of the Czech Republic.
2. If the relationship related to the use of the Website or the legal relationship based on the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law and the competent courts for the resolution of disputes are the courts of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legislation.
3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, company identification number 000 20 869, website https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the purchase contract.
4. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
5. The purchaser hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
6. If any provision of the Terms and Conditions is or becomes invalid or ineffective, 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. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.
7. The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

Annex 1 to the Terms and Conditions

Withdrawal form

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Addressee: NATURAMEDICIN SE
Registered office: Charvátova 1988/3, 110 00 Praha 1
Delivery address: Kurta Konráda 2457/8, 190 00 Praha 9
E-mail: reklamace@naturamedicin.com

Subject: Withdrawal from the purchase contract

I hereby give notice that I withdraw from the contract for the purchase of the goods specified below:

A signature is required only if the form is sent on paper.