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Terms and Conditions

  1. INTRODUCTURY PROVISIONS
    1. These General Business Terms and Conditions (hereinafter referred to as "Business Terms and Conditions") of MyPouch sro, with its registered office at Na stezce 1329/5, Vršovice, 100 00 Prague 10, Company Identification Number: 082 59 411, entered in the Commercial Register kept at the Municipal Court in Prague, file number C 314565, bank account: 115-9931110217 / 0100 (hereinafter referred to as the “Seller”), in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “Civil Code”), regulate mutual rights and obligations of the contracting parties entering into agreement in connection with or on the basis of a Purchase Agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the Seller's online shop. The internet shop is operated by the Seller at the internet address www.mypouch.cz (hereinafter referred to as the "Website"), via a web interface (hereinafter referred to as the "Web interface of the shop").
    2. The Seller acts within the scope of its business or other entrepreneurial activity when concluding and fulfilling the Purchase Agreement. The Buyer is either a consumer or an entrepreneur who enters into a Purchase Agreement in connection with his own business, production or similar activities.
    3. If the Buyer is a consumer, the relations not regulated by the Business Terms and Conditions are governed by the Civil Code and Act No. 634/1992 Coll., On consumer protection. If the Buyer is an entrepreneur, the relations not regulated by the Business Terms and Conditions are governed by the Civil Code.
    4. Business Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Seller's website and other related legal relationships. The provisions of the Business Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and Business Terms and Conditions are drawn up in the Czech language. The Purchase Agreement can be concluded in Czech.
    5. The wording of the Business Terms and Conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Business Terms and Conditions.
    6. Provisions deviating from the Business Terms and Conditions can be agreed in the Purchase Agreement. Deviating provisions in the Purchase Agreement take precedence over the provisions of the Business Terms and Conditions.
  2. PURCHASE AGREEMENT
    1. The web interface of the shop contains an offer of goods - especially special medical underwear intended for ostomies (hereinafter referred to as "goods"), offered by the Seller for sale, including the prices of the offered goods. Prices of goods include value added tax (if applicable) and all related fees. The offer for the sale of goods and the prices of these goods remain valid as long as they are displayed in the web interface of the shop. This provision does not limit the Seller's ability to enter into a Purchase Agreement under individually agreed conditions.
    2. All presentation of goods in the web interface of the shop is of an informative nature and the Seller is not obliged to enter into a Purchase Agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
    3. The web interface of the shop also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods provided in the web interface of the shop is valid only for the stated quantities. The cost of other quantities and other modes of transport required by the Buyer must be requested individually from the relevant transport company. To order goods, the Buyer fills in the order form on the web interface of the shop.
    4. The order form contains information on the ordered goods, the method of payment for the purchased goods, information about the required method of delivery of the ordered goods and information about costs associated with the delivery of goods (hereinafter collectively referred to as "order").
    5. The data provided in the order are considered correct by the Seller. Immediately after receiving the order, the Seller will confirm the receipt to the Buyer by an e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
    6. If the Buyer is a consumer, the proposal to enter a Purchase Agreement is placing the goods on the web interface of the shop. The Purchase Agreement originates by the Buyer (consumer) sending the order and the Seller receiving the order. Order confirmation according to Article 2.5. of the Business Terms and Conditions does not affect the creation of a Purchase Agreement.
    7. The contractual relationship between the Seller and the Buyer, in case of an entrepreneur, arises from the delivery of a binding order to the Seller. The purchase contract is concluded upon delivery of a binding consent of the Seller with this order to the Buyer, by e-mail to the e-mail address provided by the Buyer. The Buyer acknowledges that the Seller is not obliged to enter into a Purchase Agreement, especially with persons who have previously substantially breached the Purchase Agreement (including Business Terms and Conditions).
    8. By concluding the Purchase Agreement, the Buyer confirms that he has read these Business Terms and Conditions, including the complaint procedure, and that he agrees with them. The Buyer is sufficiently informed of these Business Terms and Conditions and the complaint procedure before the actual execution of the order and has the opportunity to familiarise with them.
    9. The Seller reserves the right to cancel the order or part thereof before concluding the Purchase Agreement, based on an agreement with the Buyer, and in the following cases: the goods are no longer produced or the availability of the goods from the supplier has changed significantly. If the Buyer has already paid the purchase price, this amount will be transferred back to his account and the Purchase Agreement will not be concluded.
    10. The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. The costs incurred by the Buyer in the use of means of distance communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself.
  3. PRICE OF GOODS AND PAYMENT TERMS
    1. The price of goods and cost associated with the packaging and delivery of the goods (hereinafter reffered to as the further „Purchase Price“) shall be paid by the Buyer to the Seller by a cashless transfer, by a payment card through the internet payment gateway to Seller's account, under the Purchase Agreement.
    2. In case of delivery of goods to countries requiring customs clearance, the Buyer pays also the costs associated with customs clearance, or taxes or fees required in that country, within the purchase price.
    3. In case of cashless payment, the purchase price is payable on the basis of the issued pro forma invoice within 15 days of concluding the Purchase Agreement. The goods will be delivered after payment of the issued pro forma invoice.
    4. In case of cashless payment, the Buyer is oblidged to pay the purchase price of the goods together with the variable payment details. In case of cashless payment, the Buyer's obligation to pay the purchase price is met when the relevant amount is credited to the Seller's account.
    5. After payment of the pro forma invoice on the basis of the Purchase Agreement, the Seller shall issue a tax document - an invoice - to the Buyer. The Seller is not a payer of value added tax. The Tax document - invoice will be issued by the Seller to the Buyer after payment of the purchase price and sent in an electronic form to the Buyer's email address.
    6. When payment is made by a payment card through the Internet payment gateway, the Buyer will be redirected to a third-party payment server after completing the order, where he will fill in the necessary payment details. After verifying their validity, the order will be confirmed, the purchase price paid and deducted from the Buyer's account. The Seller does not have an access to the Buyer's payment card details, the Buyer entres the details of payment and his credit card details on the secure website of the company that mediates the payments.
  4. WITHDRAWAL FROM THE PURCHASE AGREEMENT
    1. Buyer (consumer) is in the case of concluding a Purchase Agreement by means of distance communication in accordance with § 1829 paragraph 1 of the Civil Code entitled, without giving a reason, to withdraw from the contract within 14 days from the date of the receipt of goods, where there are more goods or they are delivered in several parts, this period runs from the date of receipt of the last order. Withdrawal from the Purchase Agreement must be demonstrably sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Agreement, the Buyer can use the template form provided by the Seller, which is an annex to the Business Terms and Conditions. Withdrawal from the Purchase Agreement can be delivered by the Buyer to the address of the Seller's registered office or to the Seller's e-mail address. The Buyer shall keep a confirmation of sending the withdrawal from the Purchase Agreement.
    2. In case of a withdrawal from the Purchase Agreement pursuant to Article 4.1 of the Business Terms and Conditions, the Purchase Agreement is completely cancelled. Goods must be returned to the Seller without undue delay, no later than 14 days after withdrawal from the Purchase Agreement, by being sent back to the address of the Seller's registered office. The deadline for return is met if the Buyer sends the goods back to the Seller no later than within 14 days. The Buyer will keep a confirmation of shipment of goods for future reference. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with the return of goods to the Seller, even if the goods cannot be returned by regular mail, due to its nature. The goods must be returned to the Seller undamaged and unworn, with an intact protective liner ensuring hygienic testing of the product. In case of splitting or removing the paper insert from the inside of the goods, the Buyer is not entitled to a refund.
    3. The Seller is entitled to review the returned goods, especially to determine whether the returned goods are not damaged, worn or partially consumed (especially if the protective hygienic insert was damaged or applied repeatedly) within 10 days from the day of the return of the goods by the Buyer, according to Article 4.2 of the Business Terms and Conditions.
    4. In case of withdrawal from the contract according to Article 4.1 of the Business Terms and Conditions, the Seller will return the purchase price to the Buyer, including delivery costs (except for the amount representing additional delivery costs incurred as a result of the Buyer's choice of delivery method which differs from the cheapest standard of delivery offered by the Seller) within 14 days of withdrawal from the Purchase Agreement by the Buyer, by a cashless transfer to an account designated by the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return any money received to the Buyer before the Buyer returns the goods.
    5. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn, partially consumed or without protective hygienic elements, the Seller is entitled to compensation for the damage caused to him. The Buyer is responsible for the reduction in price of the goods as a result of handling the goods in a manner other than is necessary to become familiar with the nature and properties of the goods, including its functionality. The Seller is entitled to unilaterally set off the right to compensation for the damage against the Buyer's right to a refund of the purchase price. If the goods can no longer be returned - they have been destroyed or consumed, the Buyer must provide monetary compensation in return for what can no longer be returned.
    6. In accordance with the provisions of § 1837 of the Civil Code, the Buyer does not have the right to withdraw from the contract, in particular, in case of contracts pursuant to letter (b) the supply of goods or services the price of which depends on fluctuations in the financial market independently of the will of the trader and which may occur during the withdrawal period; (d) the supply of goods that were tailored to the consumer’s specifications, and (g) the supply of goods in a sealed package which the consumer has removed from the package and which cannot be returned for hygienic reasons
    7. Until the goods are collected by the Buyer, the Seller is entitled to withdraw from the purchase contract at any time. In such a case, the Seller will return the purchase price to the Buyer without undue delay, by cashless transfer to an account designated by the Buyer.
    8. In the case of ordering a wrong size of goods, the Buyer is obliged to send the original goods back to the Seller to the address specified in Article 4.1 and place a new order. After receiving the returned goods, the Seller will return the money for the returned goods to the Buyer, to the account specified in the order
  5. TRANSPORTATION AND DELIVERY OF GOODS
    1. The method of delivery of goods is determined by the Seller, unless otherwise stated in the Purchase Agreement. If a mode of transport is contracted on the basis of the Buyer's individual request, the Buyer bears the risk and any additional costs associated with such a mode of transport.
    2. If, according to the Purchase Agreement, is the Seller 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 the Buyer does not take over the goods upon delivery, the Seller is entitled to withdraw from the Purchase Agreement.
    3. If for reasons on Buyer’s side 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 repeated delivery of goods, or the costs associated with another method of delivery.
    4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In case of finding a damage on the packaging indicating unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier. By signing the delivery note, the Buyer confirms that the consignment of goods met all the conditions and requirements and that any subsequent claims regarding damage of the packaging of the consignment cannot be taken into account.
  6. LIABILITY FOR DEFECTS, WARRANTY, EXCLUSION OF LIABILITY
    1. The rights and obligations of the contracting parties regarding 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. The Seller guarrantees to the Buyer that the sold item is in accordance with the Purchase Agreement, especially that it is without defects. Compliance with the Purchase Agreement means that the sold item has the quality and properties required by the contract, described by the Seller, manufacturer or his representative, or expected on the basis of advertising, or the quality and properties usual for an item of this kind that meets the requirements of law, in appropriate quantity, measure or weight and corresponds to the purpose stated by the Seller for the use of the item or for which the item is usually used.
    3. If a defect becomes apparent within 6 months of receipt of the goods, it is considered that the goods were defective at the time of a receipt, unless it contradicts the nature of the thing or unless it is proven otherwise.
    4. The rights arising from defective performance are exercised by the Buyer with the Seller at the address of the Seller's registered office. The moment the claim is registered is the moment when the Seller received the claimed goods from the Buyer.
    5. Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Procedure.
    6. The Buyer acknowledges that the goods are special underwear designed for people with stoma. The goods may not be used if any part of them is damaged or missing. Use of the goods for purposes other than those stated or removal of any element will invalidate the warranty associated with this product (goods) and exclude liability for any damage.
    7. The Buyer further acknowledges the following rules: When using the goods, follow the instructions associated with its maintenance. Wash to a maximum temperature of 40ºC. Damaged or modified goods may no longer be used.
  7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
    1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
    2. The Buyer acknowledges that the software and other components creating the web interface of the shop (including photographs of the offered goods) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components that make up the web interface of the shop.
    3. The Buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the shop, which could have a negative effect on the operation of the web interface of the shop. The web interface of the shop can only be used to the extent that is not to the detriment of the rights of other customers of the Seller, and in accordance with its purpose. The Buyer acknowledges that the Seller is not responsible for errors caused by third party interventions on the website or as a result of using the website contrary to its purpose.
    4. The Seller is not bound by any codes of conduct in relation to the Buyer in terms of the provisions of § 1826 par. 1 let. e) of the Civil Code.
    5. The out-of-court settlement of consumer complaints is handled by the Seller via an electronic address kontakt@mypouch.cz. The Seller will send information on the settlement of the Buyer's complaint to the Buyer's e-mail address.
    6. The Buyer hereby assumes the risk of a change of circumstances under § 1765 para. 2 of the Civil Code.
    7. In case of a dispute that could not be settled between the parties by joint negotiation and mutual agreement, the Buyer is entitled to submit a proposal to initiate proceedings of out-of-court settlement of consumer disputes to the Czech Trade Inspection Authority (www.coi.cz),
with a view to reaching an amicable settlement to such a dispute and an agreement of the parties.
  8. PERSONAL DATA PROTECTION AND SENDING OF BUSINESS COMMUNICATION
    1. The protection of personal data of the Buyer, who is a natural person, is provided by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the personal data processing and on free movement of such data and repealing Directive 95. / 46 / EC (General Data Protection Regulation). For more information about privacy, see the Privacy Policy.
  9. DELIVERY
    1. Unless otherwise agreed, all correspondence related to the Purchase Agreement must be delivered to the other party in writing, by e-mail or through the postal service provider (at Sender’s discretion).
    2. Message is delivered:
      a) in case of a delivery by an electronic mail at the time of its receipt on the incoming mail server; the integrity of messages sent by e-mail can be ensured by a certificate,
      b) in case of a delivery through a postal service provider, by receiving by the addressee,
      c) in case of a delivery via a postal service provider, after a period of 10 days from the goods being deposited and the addressee was notified of the deposited goods to be collected, if the goods are deposited with the postal service provider, even if the addressee did not know about the deposit,
      d) in case of a delivery through Zasilkovna by taking over the goods by the addressee at Zasilkovna's premises.
  10. ZÁVĚREČNÁ USTANOVENÍ
    1. These Business Terms and Conditions are valid as stated on the website of the Seller on the day of conclusion of the Purchase Agreement.
    2. In case when the relationship relates to the use of the webpage or a legal relationship based on the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
    3. J If any provision of the Business 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. Changes and additions to the Purchase Agreement or Business Terms and Conditions are only posible in written form.
    4. The Purchase Agreement, including the Business Terms and Conditions, is archived electronically by the Seller and it is not accessible.
    5. These Business Business Terms and Conditions take effect on 23.6.2020