Terms and Conditions
COMMERCIAL TERMS AND CONDITIONS
PANEP s.r.o., a limited liability company
with its registered office in Rosice, Brněnská 1246, postal code 665 01
identification number: 255 50 250
registered in the Commercial Register at the Regional Court in Brno, Section C, File 32395
for the on-line sale of medical equipment via the e-shop
located at the website www.colorfuldream.cz
- Introductory provisions
- These Commercial Terms and Conditions (hereinafter the “Terms”) of PANEP s.r.o., a limited liability company with its registered office in Rosice, Brněnská 1246, postal code 665 01, identification number: 255 50 250, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 32395 (hereinafter the “Seller”), which is authorised to produce and sell medical equipment in accordance with special legislation, define in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or based on the purchase agreement (hereinafter the “Purchase Agreement”) entered into between the seller and another individual or corporation (hereinafter the “Buyer”) via the Seller’s e-shop, in particular for the purchase of medical equipment (hereinafter the “Goods”). The e-shop via which the Seller sells medical equipment in particular is operated by the Seller on the website www.colorfuldream.cz (hereinafter the “website”) via the website interface (hereinafter the “e-shop interface”).
- The Buyer shall have the opportunity to familiarise itself with the Commercial Terms and Conditions prior to sending their order. By sending the order, the Buyer hereby represents and warrants that the Buyer has familiarised itself with the Commercial Terms and Conditions and agrees to be bound by them.
- The provisions of the Commercial Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Commercial Terms have been prepared in the Czech language. The parties hereto can enter into the Purchase Agreement in the Czech language.
- The Seller reserves the right to amend the wording of the Commercial Terms and Conditions or to add to them. This provision shall not affect the parties’ rights and obligations that arise during the effectiveness of the prior wording of the Commercial Terms and Conditions.
- The Buyer hereby bears in mind that
- a consumer is any person who enters into the the Purchase Agreement beyond the scope of their business activities or within the scope of independent performance of their profession,
- by specifying the identification number in the order, the Buyer makes the Seller aware that the Buyer is not entering into the Agreement as a consumer.
- User account
- Based on the Buyer's registration carried out on the website, the Buyer may access the its own user interface. From the user interface (hereinafter “User Account”), the Buyer may order the Goods. If the web interface enables it, the Buyer may also order the Goods without registration directly from the e-shop’s web interface.
- Upon registration on the website and ordering of the Goods, the Buyer shall be required to state all details truthfully and accurately. The Seller is entitled to reject the registration if the Buyer does not fulfil all of the data requirements. The Buyer shall be required to update the data specified in the user account in the event of their change. The data specified by the Buyer in the user account and when ordering the Goods shall be considered accurate by the Seller.
- Access to the user account is secured by a user name and password. The Buyer is required to protect the confidentiality of all information essential for access to the user account.
- The Seller may cancel the user account, particularly if the Buyer does not use the user account for a period of more than one (1) year, or if the Buyer breaches any obligations under the Purchase Agreement (including these Commercial Terms and Conditions).
- The Buyer hereby bears in mind that the user account does not need to be accessible continuously, particularly in view of the necessary maintenance of the Seller’s hardware and software and any necessary maintenance of third parties’ hardware and software.
- Entering into the Purchase Agreement
- All presentations of the Goods on the e-shop’s website are informative in nature, and therefore the Seller is not required to enter into a purchase agreement regarding such Goods. Section 1732 (2) of the Civil Code shall not be used.
- The web interface contains information about the Goods, including the prices of individual Goods. The prices of the Goods are specified including VAT and all related fees. The prices of the Goods shall remain valid for as long as they are displayed on the e-shop's web interface.
- If the web interface enables ordering of goods that will be produced according to an individual proposal of characteristics for their design put forward by the Buyer (hereinafter “individually proposed goods”), the Buyer shall be entitled to order individually proposed goods at the earliest after based on the Buyer’s proposal sent via the web interface the Seller approves the proposal of individually proposed goods and informs the Buyer by e-mail using the Buyer's e-mail address specified in the user account of the price and other information necessary for ordering. The price of the individually proposed goods shall remain valid for as long as it is displayed in the Buyer’s user account.
- The e-shop's web interface also contains information about costs related to packing and delivering the Goods. Unless otherwise specifically stated on the web interface, information about costs related to packing and delivering the Goods contained on the web interface shall be valid only if the Goods are delivered within the Czech Republic.
- To order goods, the Buyer shall complete the order form on the e-shop’s web interface. The order form contains in particular information about:
- the ordered Goods,
- the method of payment of the purchase price of the Goods, information about the required method of delivery of the ordered Goods,
- and information about the costs related to delivery of the Goods
(hereinafter the “Order”).
- Before the order is sent to the Seller, the Buyer shall be given the opportunity to check and change the details which the Buyer has added to the Order, considering the Buyer’s opportunity to determine and correct errors that arise when entering data in the Order. The Buyer shall send the Seller the Order by clicking on the button labelled “Complete the Order”. The details specified in the Order are considered accurate by the Seller. Following receipt of the Order, the Seller shall promptly confirm receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (the “Buyer's e-mail address), whereas this confirmation shall not constitute acceptance of a proposal for entering into the Purchase Agreement.
- The Seller is always entitled, depending on the character of the order (the quantity of the Goods, the amount of the purchase price and the expected costs for transport), to ask the Buyer for additional confirmation of the order (e.g., in writing or by phone).
- The contractual relationship between the Seller and the Buyer shall be established upon delivery of the notice of acceptance of the order, which the Seller will send to the Buyer by e-mail to the Buyer’s specified e-mail address.
- The Buyer grants consent to the use of remote communication means upon entering into the Purchase Agreement. The costs that arise for the Buyer during use of remote communication means in connection with entering into the Purchase Agreement (costs for internet connection, costs for phone calls) shall be paid by the Buyer alone, whereas these costs shall not differ from the basic rate.
- Price of the Goods and payment conditions
- The Buyer shall be required to pay the price of the Goods and any potential costs related to delivery of the Goods in accordance with the Purchase Agreement
- in non-cash form by transfer to the Seller’s account (hereinafter the “Seller's account”) specified in the order confirmation,
- in non-cash form via a payment system, or
- in non-cash form via a credit or debit card,
based on the instructions specified on the web interface.
- Together with the purchase price, the Buyer shall be required to pay the Seller for expenses connected with packing and delivering the Goods which have been selected in the order, in the amount specified on the web interface. Unless otherwise specified, the Purchase Price shall be understood also as costs related to delivery of the Goods.
- The purchase price must be paid within five (5) business days of entering into the Purchase Agreement. If the Buyer is delayed in payment of the purchase price, the Seller shall be entitled to withdraw from the Purchase Agreement.
- The Buyer shall be required to pay the purchase price of the Goods while specifying the payment variable symbol. The Buyer's obligation to pay the purchase price shall be fulfilled upon the crediting of the respective amount to the Seller’s account.
- If usual in business relationships or if required by law, the Seller shall issue the Buyer a tax document (invoice) for payments made based on the Purchase Agreement. The Seller is a VAT payer. The Seller shall issue the tax document (invoice) to the Buyer after payment is made for the goods, and shall send it in electronic form to the Buyer’s e-mail address.
- Withdrawal from the Purchase Agreement
- The consumer hereby bears in mind that according to the provisions of Section 1837 of the Civil Code, the Buyer, as a consumer, is entitled among other things to withdraw from the Purchase Agreement on delivery of Goods
- which have been modified based on the wishes of the Buyer or for the Buyer specially,
- in sealed packaging, which the consumer has removed from the package and which for health reasons cannot be returned,
- Unless the situation specified in Article 5.1 of the Commercial Terms or another situation in which the Purchase Agreement cannot be withdrawn from is not involved, the Buyer, as a consumer, in accordance with the provisions of Section 1829 (1) of the Civil Code shall be entitled to withdraw from the Agreement even without specifying a reason within fourteen (14) days of takeover of the Goods, and if the subject of the Purchase Agreement consists of multiple types of goods or delivery of multiple parts, then this period shall begin running as of the date of receipt of the last delivery of the Goods. The notice of withdrawal from the Agreement must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Agreement, the Buyer may use the sample form provided by the Seller, which forms an annexe to the Commercial Terms and Conditions. The Buyer shall send the notice of withdrawal from the Purchase agreement to the Seller's registered office, to the delivery address according to Article 12.6 of the Commercial Terms and/or to the Seller's e-mail address email@example.com.
- If the Purchase Agreement is withdrawn from under Article 5.2 of the Commercial Terms and Conditions, the Purchase Agreement shall be cancelled retroactively. The Goods must be returned to the Seller within fourteen (14) days of withdrawal from the Agreement. If the Buyer withdraws from the Purchase Agreement, the Buyer shall be responsible for any costs connected with returning the Goods to the Seller.
- In the event of withdrawal from the Agreement according to Article 5.2 of the Commercial Terms and Conditions, the Seller shall return the funds accepted from the Buyer, including the costs for transport and other costs, within fourteen (14) days of withdrawal from the Purchase Agreement by the Buyer, via bank transfer to the bank account specified in the withdrawal notice. The Seller is not required to return received monetary funds to the Buyer sooner than when the Buyer returns the Goods to the Seller or proves that they have been sent to the Seller.
- The Buyer shall be liable only for any reduction in the value of the Goods that occurs as a result of their handling in a manner other than that necessary for the purpose of familiarisation with their nature and properties. The Seller shall be unilaterally entitled to apply entitlement to compensation for damage to the Goods against the Buyer’s entitlement to a refund of the purchase price.
- In situations where the Buyer, in accordance with the provisions of Section 1829 (1) of the Civil Code, is entitled to withdraw from the Purchase Agreement, the Seller shall also be entitled to withdraw from the Purchase Agreement at any time until the takeover of the Goods by the Buyer. In such case, the Seller shall promptly return to the Buyer the purchase price by bank transfer to the account specified by the Buyer.
- In the case of a Buyer who is not a consumer, the Purchase Agreement cannot be withdrawn from without specification of a reason. The Buyer shall be entitled to withdraw from the Purchase Agreement only in the situations specified by the Civil Code.
- Transport and delivery of the Goods
- The Seller is required to hand over the ordered Goods to the Buyer for transport within five (5) business days of the date of payment of the purchase price, unless the Seller informs the Buyer of a longer period in the order confirmation.
- If the transport method is contractually agreed upon based on a special request from the Buyer, the Buyer shall bear the risk and any potential additional costs related to such transport method.
- If the Seller is required under the Purchase Agreement to deliver the Goods to a location specified by the Buyer in the Order, the Buyer shall be required to take possession of the Goods upon their delivery and to confirm receipt of the Goods in writing to the Seller and/or shipper. If the Buyer refuses to confirm the delivery of the Goods in writing, the Seller and/or the shipper shall be entitled to refuse to hand over the Goods.
- If due to reasons on the Buyer’s side it becomes necessary to deliver Goods repeatedly or in a manner other than that specified in the Order, the Buyer shall be required to pay the costs related to repeat delivery of the Goods and the costs related to a different delivery method.
- Upon acceptance of the Goods from the shipper, the Buyer shall be required to check that the packaging for the Goods has not been breached, and in the event of any defects to notify the shipper promptly. If a breach of the packaging is discovered from which it is apparent that the shipment has been tampered with by an unauthorised party, the Buyer will not be required to accept the parcel from the shipper.
- Rights stemming from defective fulfilment
- The Buyer’s rights from defective fulfilment shall be established by a defect that the Goods have at the time of acceptance by the Buyer, even if the defect appears later. The Seller shall be responsible in particular for ensuring for the Buyer that
- the goods have the properties agreed upon between the parties, and if such agreed arrangement does not exist, that they have the properties which the Seller and/or the manufacturer have described or which the Buyer expected in view of the nature of the goods and based on advertising,
- the Goods are suitable for the purpose for which their use is specified by the Seller or for which goods of this type are normally used,
- the goods are freely sellable,
- the Goods are in the appropriate quantity, level of quality or weight,
- the Goods are delivered in sanitary packaging, and
- the Goods fulfil the requirements of the applicable legislation, including consumer protection.
- The Buyer shall be required to submit claims to the Seller for apparent defects in the Goods involving damaged packaging at the latest upon takeover of the Goods, by specifying the defects on the shipping document, and shall claim other apparent goods promptly after takeover of the Goods, but no later than within five (5) business days of their takeover. If this deadline is not met, the Buyer shall lose all entitlements stemming from such apparent defects.
- The Seller is also responsible for ensuring for the Buyer that the Goods will be usable for their typical purpose (warranty) until lapse of the expiration date (useful life) specified on the Goods, however, for at least two (2) years from delivery of the Goods. The Seller shall provide a Buyer who is not a consumer with a warranty until lapse of the expiration date (useful life) specified on the Goods.
- The Buyer shall be entitled to exercise the rights stemming from hidden defects or the warranty until expiry of the warranty period specified in Article 7.3 of the Commercial Terms and Conditions.
- The warranty does not apply to defects caused by circumstances which exclude the Seller's liability, that is, especially
- external influence (natural disaster, fire or flood)
- caused by the buyer,
- using the goods in a way that is inconsistent with the instructions for use in the usual manner and the purpose of use, or
- improper storage,
- defects must be applied by the buyer at the seller's address in writing, to the delivery address provided in Article 12.6. of the business terms or via e-mail to firstname.lastname@example.org. The defect application must include
- order number,
- goods batch (LOT) indicated on the goods,
- defect description or specific description of how the defect manifests itself,
- the number of defective pieces of goods, indicating the serial number given on the package,
- request for the manner of settlement of a claim.
Together with the written claim, the buyer must send or otherwise deliver to the seller the defective goods so that the defect can be reviewed. In the event of a legitimate claim, the seller will reimburse the buyer for the expenses arisen due to the claim.
- If the goods have a defect, the buyer can
a. require free delivery of missing goods,
b. require the free delivery of new (alternative) goods without defects or,
c. withdraw from the contract to the extent of the defective part of the delivered goods and require the paid purchase price be returned.
- in case the delivered goods do not have the characteristics and quality agreed by both parties, the seller pays all the costs of delivery of the goods to the seller as well as back from it to the buyer.
- if the buyer exercises the right from a defective performance (claim), the seller confirms it in written form.
- when the right was exercised,
- what the content of the claim is and the manner of settlement the buyer requires,
- date and manner of settlement of the claim,
or a written statement of reasons for rejecting the claim.
- If the buyer is a consumer, the seller is required to decide on the claim immediately, in complex cases within three (3) business days. This time limit does not include the time adequately needed according to the type of product to expertly assess the defect. Complaints, including any redress, must be settled without undue delay, no later than thirty (30) days from the date of submission of the claim, unless the seller and the buyer agree on a longer period. The vain expiry of this period is considered a substantial breach of the purchase contract.
- In other cases, the seller is obliged to settle the claim within thirty days of the claim submission date.
- Other rights and obligations of the contractual parties
- The buyer acquires ownership of the goods by taking over them. At this moment, the buyer also takes over the risk of damage to the goods.
- The buyer acknowledges that regarding the protection of life and health of humans or animals and environmental protection, every person handling a medical device is obliged to remove any medical device, the safety of which might be compromised or the effectiveness of which might be affected as a result of
- violation of storage conditions,
- expired usability time
- violation of its original packaging, or the absence or illegibility of the label on the packaging, prior to delivery to the user, or
- deterioration of its technical condition,
removal of the medical device is carried out in accordance with other legislation governing waste management and in accordance with the manufacturer's instructions.
- The seller is not bound by any codes of conduct in relation to the buyer in the sense of Section 1826 (1) e) of the Civil Code.
- The seller handles consumer complaints through the electronic address email@example.com. Information on handling of the buyer´s complaint will be sent by the seller to the buyer's electronic address.
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, CIN: 000 20 869, website: http://www.coi.cz, is responsible for out-of-court settlements of consumer disputes. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer regarding the sales contract.
- The European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on resolving online consumer disputes and on amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on Resolving Online Consumer Disputes).
- The seller is entitled to sell goods on the basis of a trade license. The trade control is carried out, within the scope of its competence, by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, among other things, supervision of the compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
- The vigilance system
- A buyer who is not a consumer acknowledges that it is obliged to
- monitor the quality of medical devices,
- seek to prevent the occurrence of adverse events and so-called "near incidents", and
- comply with statutory requirements for reporting and evaluating adverse events and safety remedies.
- An adverse event is understood as
- any failure or deterioration in the properties or effectiveness of the medical device or inaccuracy in the labelling of the medical device or in the instructions for use, which have led or could lead to the death of a user or another natural person or a serious deterioration in their health,
- a technical or medical reason related to the properties or efficiency of a medical device, and that leads the producer, for the reasons referred to in point (a), to systematically withdraw a medical device of the same type from the market.
- “Near incident” means a case where a review of the medical device or the information provided with this medical device indicates certain factors (e.g., deterioration of the parameters or function of the medical device, deficiencies in the information) that could lead to a fatal event or a serious deterioration of the health of the user or patient.
- A buyer who is not a consumer is obliged to
- immediately inform the seller about possible or already occurred adverse events that may be related to the use of the medical device purchased from the seller,
- provide the seller with any information it has found out regarding the safety and usefulness of the medical device purchased from the seller, and which relates in particular to,
- the claim of a medical device,
- adverse events,
- complaints of users or patients,
- complaints of or measures taken by supervisors.
Information may be communicated by the buyer to the seller in any way. The buyer notes that in the event of breach of the reporting obligation, it is liable towards the seller for the damage incurred.
- deliver to the persons to whom it had sold the medical device an informative warning of the seller in the event of an adverse event or “near incident”, immediately after the seller asks it to
- ensure at the seller's expense the withdrawal of the defective medical device from the persons to whom it had sold it, and its delivery to the seller, without undue delay after the seller decides to withdraw it from the market,
- ensure that persons to whom it had sold the medical devices purchased from the seller kept records of persons who resell these medical devices,
- maintain a system of records of claims and complaints concerning delivered medical devices for a period of at least ten (10) years and to continuously inform the seller about those records according to its instructions,
- in the event of an adverse event, relevant documentation must be kept for a period of at least fifteen (15) years, and if there is an adverse event leading to a serious injury or death for a period of at least thirty (30) years,
- The buyer agrees to limit the seller's liability for damages incurred in connection with the Purchase Agreement up to the amount of one hundred million Czech crowns (CZK 100,000,000), for which the seller is insured.
- Personal data policy
- Protection of the personal data of a buyer who is a natural person is provided by Act No. 101/2000 Coll., on Personal Data Protection, as amended.
- The buyer acknowledges that
- The seller is entitled to process the following buyer´s personal data without the consent of the buyer: name and surname, address, identification number, tax identification number, e-mail address, telephone number, data regarding the purchased goods (especially type, quantity, price) (hereinafter referred to as “personal data”), for the purpose of concluding a sales contract, as well as for fulfilment of the rights and obligations arising there from, including the management of the user account,
- the buyer acknowledges that at the moment of delivery of the goods, the seller or transporter authorized to deliver the goods to the buyer is entitled to require identity verification of the person taking over the goods via a personal document, i.e., ID card or passport.
- the buyer acknowledges that it is obliged to state its personal data (when registering, in its user account, when ordering, from the web interface of the store) correctly and truthfully and that it is obliged to inform the seller without undue delay of any change in its personal information.
- except for persons transporting the goods, the seller will not disclose the personal data to third parties without the buyer's prior consent.
- personal data will be processed for the time required to achieve the intended purpose. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
- in the event that the buyer believes the seller performs processing of its personal data contrary to the protection of its private and personal life or in violation of the law, in particular if personal data are inaccurate regarding the purpose of their processing, it may:
- ask the seller for an explanation,
- require that the seller remove the condition so occurred.
- if the buyer asks for information on the processing of its personal data, the seller is obliged to give it such information. For the provision of the information under the previous sentence, the seller is entitled to request reasonable compensation not exceeding the costs necessary to provide the information.
- Business communications
- the buyer agrees to be sent information related to the goods or the seller's business to the buyer's electronic address and agrees to be sent sales announcements to the buyer's electronic address.
- the buyer is entitled to revoke this consent at any time by sending a message to firstname.lastname@example.org.
- information sent pursuant to this section of the business terms must always contain instructions on the buyer's option to revoke its consent to such use of its electronic address.
- Final Provisions
- mail for the buyer can be delivered to the buyer's electronic address.
- if a relationship based on a sales contract contains an international (foreign) element, the parties then agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
- if any of the provisions of the terms and conditions are invalid or ineffective, or if such a provision becomes invalid or ineffective, instead of such invalid clause, a clause, the sense of which is the most similar to the invalid clause, will be applied. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
- the purchase agreement, including terms and conditions, is archived by the seller in electronic form and is not accessible.
- one attachment to the terms is a sample form for withdrawal from the sales contract.
- contact details of the seller: address for delivery: PANEP, s.r.o., Brněnská 1246, 665 01 Rosice, e-mail address: email@example.com, phone: +420 546 413 540.
- the terms apply to orders from a buyer made after 1 May 2017.