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Sale terms and conditions

TERMS AND CONDITIONS

General terms and conditions of the Bioaura.cz e-shop

Basic provision
1. These general terms and conditions (hereinafter referred to as "terms and conditions") are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter only "Civil Code")

Egida Plus s.r.o.
ID: 25726200
VAT number: CZ25726200
with registered office: Krizova 3112, 15000 Prague 5, Czech republic
registered at the Municipal Court in Prague, section C, insert 64659
contact information:
email info@bioaura.cz
www.bioaura.cz
(hereinafter referred to as "Seller")

2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside of his business activity as a consumer, or within the framework of his business activity (hereinafter referred to as the "buyer") through the web interface located on the website available at www. aurashop.cz (hereinafter the "online shop").
3. The terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions and are adjusted in writing by email. 
II.
Information about goods and prices
1. Information about the products, including the price and its main features, are given for individual items in the online store catalog. The prices of goods are listed including value added tax (or without it). Product prices remain valid for the time they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
2. All presentation of goods placed in the catalog of the online store is of an informative nature and the seller is not obliged to conclude a purchase contract if, for example, the goods are not available.
3. Information about the costs associated with the delivery of goods is published in the online store.
4. Any discounts from the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

III.
Order and conclusion of purchase contract
1. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract are covered by the buyer himself.
2. The buyer places the order by filling out the order form (e-shop), or in writing by email. We do not accept orders by phone for technical reasons. When placing an order, the buyer chooses the type of goods, the number of pieces, the method of payment and delivery.
3. Before sending the order, the buyer is allowed to change the data he entered in the order, including the goods. The buyer sends the order to the seller by clicking the SEND ORDER button. The data listed in the order they are deemed correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has become familiar with these terms and conditions.
4. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when placing the order. Notification of order acceptance is delivered to the buyer's email address. This confirmation is automatic, unless the seller informs the buyer otherwise before sending the order, this is valid as the conclusion of the purchase contract.
5. In the event that the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at his email address ending in aurashop.cz.
6. All orders accepted by the seller are binding. The buyer can cancel the order until the buyer receives the notification that the order has been shipped by the seller. The buyer can cancel the order by calling the seller's phone numbers or email with the ending aurashop.cz.
7. In the event that there was an obvious technical error on the part of the seller when indicating the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller's email address.

IV.
Payment terms and delivery of goods
1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer in the following ways:
• by non-cash transfer to the seller's bank account:
- payments in CZK to account 2300432664 / 2010
- payments in EUR to the account: IBAN: CZ9820100000002501786047 BIC/SWIFT: FIOBCZPPXXX
• cashless by payment card through the Comgate payment gateway,
• by cashless transfer to the seller's account via the Comgate payment gateway,
• cash on delivery or card upon delivery of the goods,
• cashless via "Deferred Payment" provided by Comgate
• by card when collecting in person at a branch in Prague 5
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 expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 2 days from the conclusion of the purchase contract.
4. In the case of payment via a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.
5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
6. The seller does not require any advance payment or other similar payment from the buyer for orders up to CZK 7,000. Payment of the purchase price before the goods are shipped is not a deposit.
7. The goods are delivered to the buyer:
• to the address specified by the buyer in the order
• via the parcel drop-off point to the drop-off address specified by the buyer,
• personal collection at the seller's premises
8. The choice of delivery method is made in the e-shop after ordering the goods.
9. The costs of delivering the goods, depending on the method of sending and receiving the goods, are stated in the buyer's order and in the seller's confirmation of the order. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport. This will be communicated to him by email as soon as possible.
10. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
11. When 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 notify the carrier immediately, or request a signature of the damage event. In case of serious damage to the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
12. The seller issues the buyer a tax document - an invoice. The tax document is sent to the buyer's email address on the day the payment is credited to the seller's account. In the case of cash on delivery, this day is the date of delivery of the cash on delivery fee from the carrier. Usually within 14 days from the delivery of the shipment to the buyer.
13. The buyer acquires the ownership right to the goods by paying the entire purchase price for the goods, including delivery costs, but first by taking over the goods. Liability for accidental destruction, damage or loss of goods passes to the buyer at the time of acceptance of the goods or at the time when the buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.

V.
Withdrawal from the contract
1. A buyer who concluded a purchase contract outside of his business activity as a consumer has the right to withdraw from the purchase contract.
2. The deadline for withdrawing from the contract is 14 days
• from the date of acceptance of the goods,
• from the date of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts
3. The buyer cannot, among other things, withdraw from the purchase contract:
• provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the seller informed the buyer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
• on the delivery of goods or services, the price of which depends on fluctuations in the financial market, regardless of the will of the seller, and which may occur during the period for withdrawing from the contract,
• on the delivery of goods that have been modified according to the wishes of the buyer or for his person
• delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
• delivery of goods in closed packaging that the buyer has removed from the packaging and cannot be returned for hygienic reasons (for example, cosmetics, food, food supplements),
• in other cases specified in § 1837 of the Civil Code.
4. In order to comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period
5. In case of withdrawal from the contract, the purchase contract is canceled from the beginning - it does not apply to the exchange. The goods must be returned to the seller at the buyer's expense from the date of delivery of the goods. Likewise, the shipping fee to the customer will not be refunded. The goods must be returned undamaged, unworn, complete, including accessories and all documents provided and any gifts received with the product and in the original undamaged packaging (mainly boxes and packaging where the goods are marked), please also keep all labels.

6. To withdraw from the purchase contract, the buyer can use the model withdrawal form provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the seller's email or delivery address specified in these terms and conditions. The seller will immediately confirm receipt of the form to the buyer.
7. The buyer who withdraws from the contract is obliged to return the goods to the seller within 14 days of receiving the goods. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
8. If the buyer withdraws from the contract, the seller will return to him without delay, but no later than 14 days from the withdrawal from the contract, all the funds received from him, in the same way. The seller will return the received funds to the buyer in another way only if the buyer agrees and if this does not incur additional costs.
9. If the buyer has chosen a different method of delivery of the goods than the cheapest one offered by the seller, the seller will return the amount for the goods to the buyer after deducting the costs for delivery in such a way.
10. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that the goods have been delivered to the seller.
11. The goods must be returned by the buyer to the seller undamaged, unused, unworn and unpolluted and in the original packaging, including all affixed markings of the product, the so-called "seals". The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price. If the returned goods are dirty, the seller will charge a fee for restoring them to their original condition against the price of the goods. If, even after cleaning, it is not possible to sell the goods as new at the original price, the seller will set off reasonable costs for the reduced value of the returned goods against the price of the goods.
12. The seller is entitled to withdraw from the purchase contract due to the stock being sold out, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped the production or importation of the goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all the funds received from him on the basis of the contract.

VI.
Rights from defective performance
1. The seller guarantees 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 took over the goods:
• the goods have the properties agreed upon by the parties, and in the absence of an agreement, they have the properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of the advertisements carried out by them,
• the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
• the goods are in the appropriate quantity, measure or weight
• the goods comply with the requirements of legal regulations.
2. If a defect becomes apparent within six months of the buyer receiving the goods, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt. This provision does not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, to used goods to a defect corresponding to the degree of use or wear and tear the goods had when taken over by the buyer, or if it follows that due to the nature of the goods.
3. In the event of a defect, the buyer can submit a claim to the seller. The results of the complaint are completely dependent on the manufacturer and its settlement. Accordingly, the seller can settle the claim in the following ways: exchange for new goods, repair of goods, reasonable discount from the purchase price, withdrawal from the contract with return of credit for the next purchase, or refund of money.
4. The buyer has the right to withdraw from the contract,
• if the goods have a substantial defect,
• if he cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
• in the event of a greater number of product defects.
5. The seller is obliged to accept the complaint at his place of business in person or by post (or by other means of transport). The seller is obliged to issue a written confirmation to the buyer of when the buyer exercised the right and what the content of the claim is, or a written justification for rejecting the claim.
6. The seller or an employee authorized by him shall decide on the complaint within 7 working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The complaint, including the removal of the defect, must be handled without delay, no later than 30 days from the date of application of the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase contract. The moment of application of the complaint is considered to be the moment when the buyer's will (exercise of the right from defective performance) is expressed to the seller.
7. The seller informs the buyer in writing about the outcome of the complaint.
8. The right from defective performance does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect.
9. In the event of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the application of the complaint. The buyer can exercise this right with the seller within a period of one month after the expiry of the warranty period.
10. The buyer has the choice of the complaint method.
11. The rights and obligations of the contracting parties regarding rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.
12. The delivery address for returning, exchanging, or claiming goods is: Bioaura.cz - Egida Plus s.r.o., Křížová 3112, 15000 Prague 5, Czech Republic

VIII.
Delivery
1. The contracting parties may deliver all written correspondence to each other via electronic mail.
2. The buyer delivers correspondence to the seller to the email address specified in these terms and conditions. The seller delivers correspondence to the buyer to the email address specified in his customer account or in the order.
3. The delivery address for returning, exchanging, or claiming goods is: Bioaura.cz - Egida Plus s.r.o., Křížová 3112, 15000 Prague 5, Czech Republic

IX
Out-of-court settlement of disputes
1. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
2. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
X.
Final Provisions
1. All agreements between the seller and the buyer are governed by the law of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.
2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
3. All rights to the seller's website, especially copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
4. The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
5. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
6. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
7. 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.
8. A sample form for withdrawal from the contract is attached to the terms and conditions.

These terms and conditions take effect on: 2 January 2023

In Prague on January 2, 2023. Signed by managing director Klara Netikova

Damage to goods during transport:

Our company sends the shipment to the carrier always undamaged and packed according to the carrier's standards and requirements. The carrier is always fully responsible for the transport of the goods. If you discover damage to the shipment when the carrier is handing it over, definitely do not accept the shipment and notify the carrier of this fact immediately. He will write a report on the damage to the shipment with you, when this shipment will be sent to you as soon as possible, new, undamaged. The shipping price is no longer charged for reshipped goods due to damage to the shipment.

If the shipment has no obvious damage to the packaging from the outside, but its contents will be damaged when unpacked, you must immediately inform the carrier about the damage to the contents and also write a complaint protocol with them. The complaint period for business packages is 2 working days.

Protection of personal data:

The requested personal data of customers is confidential and is handled in accordance with the Personal Data Protection Act. By using the online store www.bioaura.cz, the customer agrees to the collection of data about his visits and orders by the operator. The operator declares that it guarantees maximum protection of personal data and data.

Processing of personal data

We treat your data with the utmost care. And we don't pass them on to anyone else, only the shipping company.


Thank you for your understanding.


We wish you a pleasant shopping,
The Bioaura team