Business terms 2024

Terms and Conditions

I.
Basic Provisions

1. These Terms and Conditions are issued in accordance with § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") by TCM POINT s.r.o., ID No.: 28785517, registered with the Municipal Court in Prague under file No.: 369476, registered office: Příčná 1892/4, 110 00 Prague 1, contact details: objednavky@MycoMedica.cz, tel.: +420-739-454-915 (hereinafter referred to as the "Seller").

 2. These Terms and Conditions regulate the mutual rights and obligations of the Seller and the person who concludes a purchase contract for goods sold by the Seller as a consumer outside his business activity or within his business activity (hereinafter referred to as the "Buyer"), through the web interface located on the website available at www.mycomedica.cz, www.mycomedica.eu, www.mycomedica.www.yaomedica.cz, www.yaomedica.com, www.yaomedica.sk, www.caremedica.cz, caremedica.eu and www.caremedica.sk (hereinafter referred to as the "Online Shop"). These Terms and Conditions shall also apply mutatis mutandis to the conclusion of purchase contracts for goods sold by the Seller by other means provided for in these Terms and Conditions (i.e. by e-mail, telephone or through the EDI system in the case of Business Customers).

 3. The
provisions of these Terms and Conditions together with the accepted order form an integral part of the purchase contract. Any deviating provisions in the Purchase Agreement shall prevail over the provisions of these Terms and Conditions.

 4. These Terms and Conditions are available and the Purchase Contract is concluded on the Internet at www.mycomedica.cz, www.yaomedica.cz and www.caremedica.cz in the Czech language, on the Internet at www.mycomedica.eu, www.yaomedica.com and caremedica.eu in the English language and on the Internet at www.mycomedica.sk, www.yaomedica.sk and caremedica.sk in the Slovak language.

II.
Information on goods and prices

 1. Information about the goods, including the prices of the individual goods and their main characteristics, is provided for each item in the catalogue of the online store. The
prices of the goods are listed including value added tax and all related charges The prices of the goods remain valid for the period of time they are displayed in the online shop. The prices of the goods do not include shipping costs and the payment method chosen by the buyer when ordering the goods. This provision does not exclude the negotiation of a purchase contract on individually agreed terms.

 2. All presentation of goods in the catalogue of the online shop is informative (i.e. it is not an offer to conclude a contract) and in no way replaces the advice of a qualified expert. The Seller is not obliged to conclude a purchase contract with the Buyer in respect of the presented goods.

 3. Information on the costs associated with the packaging and delivery of the goods is published in the online shop. The
information on the costs associated with the packaging and delivery of goods provided in the online shop is only valid within the territory for which the selected part of the online shop is intended or to which delivery is limited. In parts of the online shop with the .cz extension, delivery is limited to the territory of the Czech Republic, with the .sk extension to the territory of Slovakia and with the .eu or .com extension to the countries whose selection is enabled in the first step of the order.

 4.


III.
Order and conclusion of the purchase contract

 1. The Buyer expressly agrees to the use of remote means of communication. The costs incurred by the buyer in the use of remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer. These costs do not differ from the normal rates provided by the buyer's respective telecommunications companies.

 2. The Buyer shall place an order for the goods presented in the catalogue of the online shop in the following ways:
a) through his customer account, if he has previously registered in the online shop,
b) by filling in the order form on the online shop without registration,
c) by phone at +420-739-454-915,
d) by e-mail at objednavky@mycomedica.cz,

and in the case of Corporate customers also:

e) via an EDI system implemented by the seller (e.g. Orion).

3. When placing an order in the online store, the buyer selects the goods, the number of items, the method of transport and payment, as well as provides his contact and billing information or other delivery address. A person who enters into a purchase contract within the scope of his/her business activity (Business Customer) shall additionally add his/her VAT number or tax identification number. Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The Buyer sends the order to the Seller by clicking on the "ORDER NOW AT THE PRICE" button. The information provided in the order is considered correct and true by the Seller. The condition of sending the order is the completion of all mandatory data in the order form and the Buyer's confirmation that he/she has read these Terms and Conditions.

 4. Immediately upon receipt of the order from the online store, the Seller shall send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when placing the order. This confirmation is automatic and is not considered to be the conclusion of a contract. The purchase contract is concluded only after the seller has received the order. The Seller reserves the right not to accept or to refuse any order. It is understood that if the Seller does not reject the proposal to conclude the purchase contract within 24 hours (on days off work, on holidays and on public holidays this period is automatically extended by the duration of the holidays) from the receipt of the order, the purchase contract shall be deemed to be concluded and the order accepted upon expiry of this period. The order shall also be deemed to have been accepted and the purchase contract concluded if the Seller commences the performance of the purchase contract and dispatches the goods earlier. The Seller's sending of information about the dispatch of the goods shall be deemed to be a confirmation of the acceptance of the order by the Seller and the concluded contract. Upon acceptance of the order, mutual rights and obligations arise between the Buyer and the Seller according to the current Terms and Conditions, in particular the Seller's obligation to deliver the goods to the Buyer and the Buyer's obligation to pay the agreed purchase price. Notification of any rejection of the order shall be sent by the Seller to the Buyer's e-mail address.

5. In the case of a telephone order made by the Buyer at the Seller's number, the purchase contract is concluded by the Seller's acceptance of the relevant telephone call, whereby the Buyer is obliged to pay the purchase price of the goods. At the latest at the time of delivery of the goods, the Seller shall confirm the conclusion of the contract to the Buyer in text form (by handing over a summary of the order received and a copy of the terms and conditions). In the case of an order placed by the Buyer by sending the order to the Seller's e-mail address, the purchase contract is concluded only upon receipt by the Seller to the Buyer's e-mail address, whereby the Buyer is obliged to pay the purchase price of the goods. The Buyer's order made by e-mail must contain at least the specification of the goods from the Seller's offer, the required quantity, the date and place of delivery, the identification and address details of the Buyer, as well as the name and surname of the person who sent the order on behalf of the Buyer. The Seller reserves the right not to accept or to refuse any telephone or e-mail order. Notification of any rejection of an order shall be sent by the Seller to the Buyer at the Buyer's email address.

6. In the event that any of the requirements stated in the order cannot be fulfilled, the Seller will send an amended offer to the Buyer's e-mail address. The amended offer shall be deemed to be a new proposal for a purchase contract and the purchase contract shall be concluded in such a case by a confirmation sent by the Buyer to the Seller's e-mail address.

7. All orders accepted by the Seller are binding or oblige the Buyer to pay the purchase price. The Buyer may cancel the order no later than the moment of its acceptance or rejection by the Seller. The Buyer may cancel an order by telephone at the telephone number or e-mail of the Seller specified in these Terms and Conditions. Cancellation of an order is only possible if the order has not yet been processed and the goods dispatched to the Buyer. Cancellation of an order is made by sending an e-mail to objednavky@MycoMedica.cz or by calling +420-739-454-915. The Buyer is obliged to provide information about the order, its number and his/her identification data.

8. In the event that there is 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 for this obviously erroneous price even if the Buyer has been sent an automatic confirmation of receipt of the order in accordance with these Terms and Conditions.  The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer's e-mail address. The amended offer shall be deemed to be a new proposal of the Purchase Contract and the Purchase Contract shall be concluded in such case by the confirmation sent by the Buyer to the Seller's e-mail address.

IV.
Customer account

 1. Upon registration of the buyer in the online shop, the buyer can access his customer account. From his customer account, the buyer can place orders for goods. The Buyer can also order goods without registration.

2.  When registering for a customer account and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the customer account and when ordering goods is considered correct and binding by the Seller.

 3. Access to the customer account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller shall not be liable for any misuse of the customer account by third parties.

 4. The Buyer is not entitled to allow third parties to use the customer account.

 5. The customer account is established for an indefinite period of time. The Seller may cancel the Buyer's customer account if the Buyer does not use his/her customer account for more than 6 months or if the Buyer breaches his/her obligations under the Purchase Agreement or these 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 third party hardware and software equipment.

V.
Payment terms and delivery of goods

 1. The buyer can pay
the price of the goods and any costs associated with the delivery of the goods according to the purchase contract on the online store in the following ways:

 a) cash
 on delivery or by credit card upon handover of the goods,
b) cashless transfer to the Seller's bank account,
c) cashless transfer by credit card,
d) cashless transfer to the Seller's account through a payment gateway,
e) in cash or by credit card upon personal collection at the Seller's premises,
f) in cash or by credit card upon personal collection at the dispatch office.

 2. In 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 according to the instructions sent by the Seller to the Buyer by e-mail in the confirmation of receipt of the order. In the case of payment via a payment gateway, the Buyer shall follow the instructions of the relevant electronic payment provider. 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. Depending on the chosen payment method, the Buyer may be required to pay before the Seller accepts the order, in which case the amount paid is considered a deposit.

3. The choice of delivery method is made during the ordering process. The goods are delivered to the buyer:

 a) to the address specified by the Buyer in the order,
b) via the dispatch office to the address of the dispatch office specified by the Buyer,
c) by personal collection at the Seller's premises.

4. The cost of delivery of the goods depending on the method of dispatch and collection of the goods is specified in the Buyer's order and in the Seller's order confirmation. In the event that the method of delivery is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with this method of delivery. Unless otherwise agreed, the goods shall be delivered by the shipping company DPD.

5. 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. In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

6. The packaging of the product, which is a dietary supplement, indicates the full composition of the product and instructions for use. The packaging shall also always indicate the best before date of the product.

 7. 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, to notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. The Buyer is obliged to pay particular attention to the surface of the cardboard of the package or envelope, the protective tape and any, even minor, damage and cracks, especially punctures in the cardboard and deformations of the corner of the package. These signs may indicate careless handling of the package during transport and thus possible damage to the goods inside the package. In such a case, the buyer will draw up a complaint report with the carrier, if necessary. A record of the condition in which the parcel or envelope was delivered, as well as any other damage, in order to resolve the claim and minimize possible damage.

 8. The buyer receives the goods from the carrier in an envelope or package. The goods are dispatched within working days (usually within 1-5 working days) by handing them over to the carrier. The delivery time is governed by the internal regulations of the carrier. If some items are not currently in stock but are already in transit, the shipping time may be extended by 1-7 working days beyond the normal shipping time. In the event that some items are neither currently in stock nor in transit, the seller will contact the buyer by email. Goods will be delivered to the buyer within 30 days. Liability for accidental spoilage, damage or loss of the goods shall pass to the Buyer at the time of acceptance of the goods or at the time when the Buyer was obliged to accept the goods but failed to do so in breach of the Contract of Sale.

 9. The Seller shall issue a tax document - invoice to the Buyer. The
tax document is sent to the Buyer's e-mail address or is attached to the goods delivered. This tax document is also the delivery note for the ordered goods. The buyer acquires ownership of the goods by paying the full purchase price for the goods including delivery costs, but not before taking delivery of the goods.

VI.
Withdrawal from the contract

 1. A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract without giving any reason. The withdrawal period is 14 days from the date of:
a) receipt of the goods,

(b) acceptance of the last delivery of the goods if the subject of the contract is several types of goods or the delivery of several parts,
(c) acceptance of the first delivery of the goods if the subject of the contract is a regular repeated delivery of goods.

 (2) The buyer may not withdraw from a contract for the supply of goods which have been manufactured to the consumer's requirements or adapted to his personal needs, which are perishable, or goods which have a short shelf life, as well as goods which, by their nature, have been irretrievably mixed with other goods after delivery, or goods which have been supplied in sealed packaging which, for health or hygiene reasons, are not suitable for return after having been breached by the consumer. In order to comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period. If a sample or gift is delivered with the order, it must be returned to the seller together with the products.

 3. The buyer, who is a consumer, may withdraw from the purchase contract by any unequivocal statement made to the seller. To withdraw from the Purchase Contract, the Buyer may use the sample withdrawal form provided by the Seller. The Seller's preferred method of withdrawal is to send the declaration to the Seller's email address set out in Article I.1.

 4. The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal. The Buyer is obliged to return the goods preferably by standard postal package. The buyer shall bear the costs associated with the return of the goods to the seller.

The address for returning the goods to the seller is the address of the seller's business premises:

TCM POINT s.r.o., Tomkova 53, Police nad Metují 54954

 5. If the buyer withdraws from the contract, the seller shall reimburse him immediately, but no later than within 14 days of the return of the goods, all funds received from him, including the cost of delivery, in the same way as he received payment from the buyer. The Seller shall only return the funds received to the Buyer by other means if the Buyer agrees to this and if no additional costs are incurred by the Seller. The cost of delivery of the goods shall only be refunded in the amount corresponding to the cheapest delivery method offered.

 6. The goods must be returned by the Buyer to the Seller undamaged and unused and in the original unopened packaging of the goods. The Seller shall be entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer's claim for reimbursement of the purchase price. The Buyer is obliged to return the goods together with the invoice - tax document (original or copy). Goods returned on the Seller's COD will not be accepted by the Seller and are therefore not considered as a proper return of goods.

 7. The Seller shall be entitled to withdraw from the Purchase Contract due to stock-out, unavailability of the goods or if the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return all monies, including delivery costs, received from the Buyer within 14 days of notification of withdrawal from the Purchase Contract in the same manner or in the manner specified by the Buyer.

VII.
Rights arising from defective performance

 1. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt, in particular that they correspond to the agreed description, type and quantity, as well as quality and other agreed characteristics. If the goods sold, their packaging or the instructions accompanying the goods indicate the period of time for which the goods may be used, the provisions on the guarantee of quality shall apply. By guaranteeing the quality, the seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time.

 2. The buyer has
the choice of how to resolve the complaint. In the event of a defect in the goods, the buyer may submit a claim to the seller and, depending on the nature of the defect and the rights granted by law, demand:
a) replacement with new goods,
b) repair (completion of the missing goods),
c) a reasonable discount on the purchase price,
d) withdrawal from the contract.

 3. If the buyer is a consumer, he/she may demand the removal of defects in the goods by replacing or repairing the goods. The buyer may also demand a reasonable discount or withdraw from the contract if the seller has refused to remove the defect or has not removed it in accordance with the law, if the defect appears repeatedly or is a material breach of contract, or if it is obvious from the seller's statement or the circumstances that the defect will not be removed in accordance with the law. If the buyer is a consumer and the defect appears within 1 year of receipt of the goods, the goods shall be deemed to have been defective on receipt. The buyer may complain about a defect that becomes apparent within a period of up to two years from receipt of the goods. The court shall grant the right to claim the defect even if the defect was not discovered without undue delay after the consumer purchaser could have discovered it with sufficient diligence.

4.The buyer, who is not a consumer, has the right to demand the removal of the defect by repair or replacement (or delivery of missing goods), the right to demand a reasonable discount on the purchase price or the right to withdraw from the purchase contract if the goods have defects representing a material breach of the purchase contract. If he fails to notify the seller of his choice of right in time, he has only the rights arising from a non-substantial breach of the purchase contract. If he fails to notify the seller in time of a defect in the goods, he loses the right to withdraw from the contract. If the goods are only defective and constitute an insubstantial breach of the purchase contract, the buyer who is not a consumer has the right to demand the removal of the defect or a reasonable discount on the purchase price.

5. When making a claim, the buyer is obliged to tell the seller what right he has chosen. The buyer cannot claim discounted goods for the reason for which the goods are discounted.

6. The Buyer may file a claim (rights from defective performance) with the Seller by phone, email or correspondence through the contacts listed in Article I.1. In the event that the Seller's receipt of the goods itself is necessary for the settlement of the claim, the Seller shall agree with the Buyer on the method of its receipt, or the Buyer may deliver the goods in person or through a postal service provider to the address according to Article VI.4. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the claim, what method of claim settlement the Buyer requires and the Buyer's contact details, as well as a confirmation of the date and method of claim settlement, or a written justification for the rejection of the claim.

7. The complaint shall be settled within 30 days from the date of the complaint, unless the Seller and the Buyer agree on a different deadline. After the expiry of this period, the buyer, who is a consumer, may withdraw from the purchase contract or demand a reasonable discount. The moment when the buyer's expression of will (exercise of the right from the defective performance) reaches the seller is considered the moment of the claim. The Seller shall inform the Buyer of the outcome of the claim by e-mail.

8. The Buyer is not entitled to the right of defective performance if the Buyer himself caused the defect. In the case of a justified claim, the Buyer is entitled to compensation for reasonable costs incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period or the quality guarantee. The buyer has no right under the guarantee if the defect is caused by an external event after the risk of damage has passed to the buyer.

 8. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by Sections 1914 to 1925, 2099 to 2117 and (if the buyer is a consumer) Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.


VIII.
Delivery

 (1) The Parties may deliver all written correspondence to each other by electronic mail.

 2. The Buyer shall deliver correspondence to the Seller at the e-mail address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or order.


IX.
Personal data

 1. All information provided by the Buyer in cooperation with the Seller shall be considered confidential. The Seller will use the Buyer's data in particular for the purpose of fulfilling the purchase contract or, where applicable, for the purpose of maintaining a customer account. Commercial communications may be sent to the e-mail address, as this procedure is permitted by law, unless expressly refused. These communications may only relate to similar or related goods and can be opted out of at any time in a simple way (by sending a letter, e-mail or by clicking on a link in the commercial communication).

 2. More detailed information on the protection of personal data is contained in the Privacy Policy pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and Act No. 110/2019 Coll. on the processing of personal data, which is published on the Seller's website pursuant to Article I. Paragraph 1 of this Agreement.

X.
Out-of-court resolution of consumer disputes and complaints

 1. The Czech Trade Inspection Authority (Česká obchodní inspekce) with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs
 is competent for out-of-court settlement of consumer disputes arising from a purchase contract. For online dispute resolution between the seller and the buyer, it is possible to use the platform located at http://ec.europa.eu/consumers/odr.

 2. The point of contact under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes) is the European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz.

3. The Buyer may address their complaints directly to the Seller at the e-mail address in Article I.1 of these Terms and Conditions. Information about the handling of the complaint will always be sent by the Seller to the Buyer's e-mail address.

4. The purchaser may also contact the state supervisory authorities in the relevant area directly with any complaints. 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 authority. The State Agricultural and Food Inspection Authority supervises compliance with Act No 634/1992 Coll., on consumer protection, within the scope defined by law.

XI.
Special Provisions for Corporate Customers

 1. These Terms and Conditions also regulate the mutual rights and obligations of the Seller and the person who concludes the purchase contract within the scope of his business activity (hereinafter referred to as the "Business Customer"). The general part of these Terms and Conditions shall apply to the Seller's relations with Business Customers mutatis mutandis, unless it expressly regulates the relations with Business Customers. In the event of a conflict between the general part and the specific provisions for Business Customers, the specific provisions of these Terms and Conditions shall prevail for relations with Business Customers.

2. Business customers can also use ordering via EDI systems implemented by the seller (e.g. Orion), compared to buyers who are consumers. The purchase contract is concluded upon acceptance of the order by the seller (e.g. by the message "ORDRSP"), whereby the buyer is obliged to pay the purchase price of the goods. The buyer's order made via the EDI system must contain at least the specification of the goods from the valid offer of the seller, the required quantity, the date and place of delivery, the identification and address details of the buyer. The Buyer is obliged to comply with the prices of the goods currently in force at the Seller in the orders, taking into account, if applicable, the status of a wholesale customer. The current prices are listed in the catalogue of the online shop or the price list is available on request from the Seller. The Seller reserves the right not to accept or to refuse any order in whole or in part. Notification of any rejection of an order will be sent by the Seller via the EDI system (e.g. by the message "ORDRSP").

3. The Business Customer may arrange with the Seller for payment of the purchase price on the basis of an invoice issued by the Seller and sent to the email or postal address provided. The invoice is due for payment 14 days after it is sent to the Business Customer. The purchase price or part thereof shall be deemed to be duly paid when the relevant amount is credited to the Seller's account.

4. In the event that the Business Customer is in default of payment of the purchase price or part thereof, the Business Customer undertakes to pay the Seller contractual default interest of 0.1% of the amount due for each day of delay. In the event that the Business Customer is in default of payment of any part of the purchase price for more than 30 days, the Business Customer shall pay the Seller a contractual penalty of 20% of the unpaid portion of the total purchase price. The contractual interest and the contractual penalty are due on the seventh day following the date of receipt of the Seller's written demand for payment. The Seller is entitled to set off the contractual interest and the contractual penalty unilaterally against the paid part of the purchase price for the goods, and the Business Customer agrees to such set-off. The contractual penalty shall not affect the Seller's right to claim damages from the Business Customer under generally binding legal regulations, nor the Business Customer's obligation to fulfil the obligation secured by the contractual penalty.

5. The business customer is obliged to maintain confidentiality about all matters of the Seller that come to his knowledge in connection with the conclusion of purchase contracts or the maintenance of the customer account, which are not publicly available, in particular about wholesale prices, contractual relationships and suppliers of the Seller, as well as about the Seller's staffing and other internal conditions. This obligation continues even after the completion of the purchase contracts and the termination of the customer account.

XII.
Special Provisions for Wholesale Customers

 1. The Seller may grant the status of a wholesale customer (hereinafter referred to as the "Wholesale Customer") to a Business Customer who demonstrably orders goods for the purpose of resale within the scope of its business activity, according to its internal criteria.

2. The current status of the Business Customer can be found through the customer account on the online store, when the Wholesale Customer is activated wholesale prices, or can be verified at any time with the seller.  For the duration of the Wholesale Customer status, the Wholesale Customer is entitled to place orders with the Seller for goods at discounted wholesale prices. There is no legal entitlement to the status of Wholesale Customer and the Seller may withdraw it from the Business Customer at any time without giving any reason, especially in case of violation of these Terms and Conditions, failure to fulfil the condition of ordering goods for resale or failure to fulfil other internal criteria (e.g. failure to fulfil the minimum value of orders for the past period).
      
3. The Wholesale Customer is obliged to represent the Seller and its goods appropriately on its website. The Seller shall make available to the Wholesale Customer, upon request, a package of product photographs and other promotional materials (hereinafter referred to as the "Media Kit"). By making the Media Kit available, the Seller grants the Wholesale Customer a non-exclusive license to use the materials contained therein in connection with its own retail sales, for the duration of the Wholesale Customer's status, without the right to assign or sublicense the license to a third party. The Wholesale Customer shall comply with the Media Kit User Manual, if any, provided with the Media Kit.

XIII.
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, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legislation.

 2. All disputes between the Parties arising out of or in connection with the legal relationship established by this Contract shall be resolved primarily by mutual negotiation, with every effort being made to reach an amicable solution, or through a mediator of their joint choice. In the event that the Parties are unable to reach an amicable settlement of a dispute arising out of the legal relations established by this Agreement through mutual negotiations, the dispute shall be decided by the courts.

 3.    The
concluded Purchase Agreement is archived in electronic form with the Seller and is not accessible. The Seller is not bound by any code of conduct in relation to the Buyer. The Buyer assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.

4. Copying, modifying or using texts, photos, films, trademarks, logos and other content and elements of the Seller, including its website or parts thereof, is prohibited without the consent of the Seller. The Seller shall be entitled to enforce its rights to intellectual property objects pursuant to special legislation, in particular pursuant to Act No. 221/2006 Coll. on the enforcement of industrial property rights and the protection of trade secrets, as amended, and pursuant to Section 2976 et seq. on unfair competition under the Civil Code.

5.    The Seller shall not be liable for errors resulting from third party interference with the online shop or its use contrary to its intended use. The Buyer shall not use any procedures in the use of the online shop that could have a negative impact on its operation and shall not perform any activity that could enable him or third parties to interfere with or make unauthorised use of the software or other components forming the online shop and use the online shop or its parts or software in a manner that would be contrary to its purpose or intent.

6. The Seller is entitled to assign the rights and obligations under these Terms and Conditions or contracts arising on their basis to a third party, provided that this does not result in a deterioration of the Buyer's position. The Buyer expressly agrees to such assignment. The Buyer is entitled to assign the rights and obligations under these Terms and Conditions or the contracts arising thereunder to a third party only with the consent of the Seller.

7. The Seller may change or supplement the wording of these Terms and Conditions. This provision shall not affect rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. In addition, the Seller may unilaterally amend these Terms and Conditions to a reasonable extent with respect to its long-term obligations arising therefrom (e.g. customer account maintenance). The Seller shall notify the Buyer of such change to the Terms and Conditions at least 14 days before the effective date of the new Terms and Conditions by publishing the new version in the web interface of the online shop or by a message sent to the Buyer's e-mail address. The Buyer is entitled to reject these changes to the Terms and Conditions by deleting his/her customer account. If he fails to do so or does not request it before the changes take effect, he shall be deemed to have accepted the changes to the Terms and Conditions.

8. A sample withdrawal form for consumers is attached to these Terms and Conditions.

9. These Terms and Conditions take effect on 1 January 2024.

TCM POINT s.r.o.