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General Terms and Conditions

 
I.
Basic Provisions
 
1. These General Terms and Conditions are issued in accordance with Section 1751 et seq. of Act No 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the 'Civil Code') by TCM POINT s.r.o., Company ID: 28785517, Reference No: C 27282, kept at the Regional Court in Hradec Králové, registered office: Pøíèná 1892/4, 110 00 Praha 1, contact details: objednávky@CareMedica.cz, phone: +420-739-454-915, websites: www.mycomedica.cz, www.mycomedica.pl, www.mycomedica.sk, www.yaomedica.cz, www.yaomedica.pl and www.yaomedica.sk (hereinafter referred to as the ‘Seller’).

2. These General Terms and Conditions govern the mutual rights and obligations of the Seller and the person who enters into the purchase contract outside their business activities as a consumer or within their business activities (hereinafter referred to as the 'Buyer') through a web interface on the website available at www.caremedica.cz, www.mycomedica.cz, www.mycomedica.pl, www.mycomedica.sk, www.yaomedica.cz, www.yaomedica.pl and www.yaomedica.sk (hereinafter referred to as the 'Online Shop'). 

3. The provisions contained in the General Terms and Conditions constitute an integral part of the Purchase Contract. Different provisions in the Purchase Contract take precedence over the provisions of these General Terms and Conditions.

4. These General Terms and Conditions and the Purchase Contract are concluded on the website www.caremedica.cz, www.mycomedica.cz and www.yaomedica.cz in Czech language, on the website www.mycomedica.pl and www.yaomedica.pl in Polish language and the website www.mycomedica.sk and www.yaomedica.sk in Slovak language.


II.
Information on Goods and Prices

1. Information on the goods, including the prices of individual goods and their main properties, are given for individual goods in the Online Shop catalogue. The prices of the goods are stated including value added tax, all related fees and costs for the return of the goods if the goods cannot, by their nature, be returned by the usual postal route. The prices of the goods remain valid as long as they are displayed in the Online Shop. The prices of the goods do not include the costs of transport and payment method chosen by the Buyer when ordering the goods. This provision does not preclude a negotiation of a purchase contract under individually agreed conditions

2. All presentation of goods placed in the Online Shop catalogue is of an informative nature and does not replace the advice of a qualified doctor. The Seller is not obliged to enter into a purchase contract with the Buyer regarding these goods

3. Information on the costs associated with the packaging and delivery of goods is published in the Online Shop. Information on costs associated with the packaging and delivery of goods given in the Online Shop is valid only in cases where the goods are delivered within the territory of the Czech Republic, Poland and Slovakia and other selected destinations.

4. Any discounts on the purchase price of the goods cannot be combined unless the Seller agrees otherwise with the Buyer.


III.
 Order and Conclusion of Purchase Contract

1. The costs incurred by the Buyer in the use of means of distance 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 rate provided by the respective telecommunications companies of the Buyer.

2. The Buyer orders the goods in the following ways:
a) through their customer account if they made a previous registration in the Online Shop;
b) by filling out the order form without registration;
c) by phone at the telephone number 
d) by email to objednavky@caremedica.cz

3. When placing an order, the Buyer chooses the goods, the number of pieces of goods, the method of transport and payment, and also provides their contact and invoicing details or another delivery address. A person who concludes a purchase contract within the scope of their business activities (hereinafter referred to as the 'Corporate Customer' or the 'Wholesale Customer') shall additionally complete their Company ID and VATIN. Before sending the order, the Buyer is allowed to check and change the data entered in the order. The Buyer submits the order to the Seller by clicking on the FINISH button. The data stated in the order are deemed correct by the Seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation by the Buyer that they have read these General Terms and Conditions.

4. Immediately after receiving the order, the Seller shall send the Buyer a confirmation of receiving the order to the email address entered by the Buyer when ordering. This confirmation is automatic and is not considered a conclusion of a contract. The purchase contract is concluded only after the acceptance of the order by the Seller. If the Seller does not eject this proposal to conclude a purchase contract within 24 hours (on days off, bank holidays and holidays, this period is automatically extended by their duration) from the receipt of the order, the purchase contract is considered concluded and the order accepted. At this moment, mutual rights and obligations arise between the Buyer and the Seller in accordance with the valid General Terms and Conditions (hereinafter referred to as the 'Purchase Contract'). The Seller shall notify the Buyer of the acceptance of the order to their email address entered when ordering the goods. The Seller shall also deliver a possible notice of order rejection to the Buyer's email address.

5. If the Seller cannot meet any of the requirements specified in the order, the Seller shall send the amended offer to the Buyer's email address. The amended offer is considered a new proposal 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's email address specified in these General Terms and Conditions.

6. All orders accepted by the Seller are binding. The Buyer may cancel the order no later than the moment of its acceptance or rejection by the Seller according to Section 4. The Buyer may cancel the order by telephone to the telephone number or by email of the Seller specified in these General Terms and Conditions. Cancellation of a submitted order is only possible if the order has not yet been processed and shipped to the Buyer. Cancellation of the submitted order is done by sending an email to objednavky@MycoMedica.cz or by calling + 420-739-454-915. The Buyer is obliged to provide information about the order, its number and their identification data. If it is not possible to cancel the order, the Buyer may return the goods intact and without signs of use or wear back to the Seller within one month, without giving a reason and in the manner specified in Article IV as in case of withdrawal from the Contract.

7. In the event that there is an obvious technical error on the part of the Seller when stating the price of goods in the Online Shop or during ordering, the Seller is not obliged to deliver goods to the Buyer for this obviously incorrect price even if the Buyer was sent an automatic order confirmation under these General Terms and Conditions. The Seller informs the Buyer of the error without undue delay and sends the amended offer to the Buyer's email address. The amended offer is considered a new proposal of the Purchase Contract and the Purchase Contract is concluded in such a case by a confirmation of acceptance by the Buyer to the Seller's email address.

IV.
Customer Account

1. Based on the Buyer's registration made in the Online Shop, the Buyer can access their customer account. The Buyer can order goods from his customer account. The Buyer can also order goods without registration.
 
2. When registering in the customer account and when ordering goods, the Buyer is obliged to ensure that all data submitted are correct and truthful. The Buyer must update the data stated in the user account in the event of any change. The data provided by the Buyer in the customer account and when ordering goods are considered correct and binding by the Seller.

3. Access to the customer account is secured by a username and a password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The Seller does not bear any responsibility for possible misuse of the customer account by third parties.

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

5. The Seller may cancel the Buyer's customer account in the event that the Buyer no longer uses their customer account or in the event that the Buyer breaches their obligations under the Purchase Contract or these General Terms and Conditions.
6. The Buyer acknowledges that the user account may not be available 24/7, especially with regard to the necessary maintenance of hardware and software equipment of the Seller or necessary maintenance of hardware and software equipment of third parties.

V.
Payment Terms and Delivery of Goods

1. The price of goods and any costs associated with the delivery of goods under the Purchase Contract may be paid by the Buyer in the following ways:
a) cash on delivery;
b) cashless transfer to the Seller's bank account;
c) cashless payment by payment card;
d) cashless transfer to the Seller's account via payment gateways; 
e) in cash or by payment card upon pick-up in person at the establishment;
f) in cash or by payment card upon pick-up in person at pick-up point. 

2. In the case of payment in cash, the purchase price is payable upon taking delivery of the goods. In the case of cashless payment, the purchase price is payable according to the instructions sent by the Seller to the Buyer by email in the order confirmation. In the case of payment through the payment gateway, the Buyer follows the instructions of the relevant electronic payment provider. In the case of cashless payment, the obligation of the Buyer to pay the purchase price is fulfilled at the moment at which the relevant amount is credited to the Seller's bank account. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before sending the goods is not a deposit. 

3. In the case of cash payment, according to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. The Seller is also obliged to register the received payment online with the tax administrator; in the event of a technical failure, within 48 hours at the latest.

4. The choice of delivery method is made during the ordering of goods. The goods are delivered to the Buyer:
a) to the address specified by the Buyer in the order;
b) to the address of a pick-up point specified by the Buyer;
c) by pick-up in person at the Seller's premises at: 
Pøíèná 1892/4, 110 00 Praha 1, Czech Republic or 
Krásnohorské 672, 547 01 Náchod, Czech Republic

5. The costs of delivery of goods, depending on the method of shipment and taking delivery of the goods, are specified in the Buyer's order and in the order confirmation by the Seller. If the mode of transport is agreed on based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with such mode of transport. Unless otherwise agreed, the goods are delivered via the transport company Geis/DPD.

6. If the Seller is obliged to deliver the goods to a 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 part of the Buyer, it is necessary to deliver the goods repeatedly or in another way than specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of goods or costs associated with another method of delivery. The Seller is responsible for ensuring that the packaging of the delivered products meets all legal requirements. The packaging contains the complete composition of the product and instructions for use. The text corresponds to the text approved by the competent state authority. The expiration date of the product is always marked on the packaging.

7. Upon receipt of the goods from the carrier, the Buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier of these without undue delay. In the event of a damaged packaging, indicating unauthorised entry into the parcel, the Buyer is not required to take delivery of the parcel 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 all, even minor breakages and cracks, especially any punctures in the cardboard and deformations of package corners. These signs can mean careless handling of the package during transport and thus possible damage to the goods inside the package. In such a case, the Buyer shall write a complaint protocol with the carrier or a record of the condition in which the package or envelope was delivered, as well as of any other damage, in order to resolve the complaint and minimize the occurrence of possible damage.

8. The Buyer will receive the goods from the carrier in an envelope or in a package. The goods are shipped by the Seller on working days (usually within 1-5 working days) by handing them over to the carrier. Delivery time is governed by the carrier's internal regulations. If some items of goods are not currently in stock, but are already on the way, the shipment time may be extended by 1-7 working days beyond the usual shipment time. In the event that some items of goods are not currently in stock or on the way, the Seller will contact the Buyer by email. Liability for accidental destruction, damage or loss of the goods passes to the Buyer at the time of taking delivery of the goods or the moment when the Buyer was obliged to take delivery of the goods but did not do so in violation of the Purchase Contract. 

9. The Seller will issue an invoice to the Buyer. The invoice is sent to the Buyer's email address or is attached to the delivered goods. This invoice is also a delivery note and a warranty card for the ordered goods. The Buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but no sooner than by taking delivery of the goods. 


VI.
Withdrawal from the Contract

1. The Buyer, who has concluded the Purchase Contract outside their business activities as a consumer, has the right to withdraw from the Purchase Contract. The period for withdrawal from the Contract is 14 days from the date of:
a) acceptance of goods;
b) acceptance of the last delivery of goods if the subject of the Contract is several types of goods or delivery of several parts;
c) acceptance of the first delivery of goods if the subject of the Contract is regular repeated delivery of goods.

2. The Buyer may not withdraw from the Purchase Contract on the delivery of goods which have been modified according to the Buyer's wishes or for their person or which have been delivered in a closed package from which the Buyer has removed the goods and the goods cannot be returned for hygienic or health reasons. In order to comply with the withdrawal period, the Buyer must send a statement 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. To withdraw from the Purchase Contract, the Buyer may use the model form to withdraw from the Contract provided by the Seller. The Buyer shall send the withdrawal from the Purchase Contract to the Seller's e-mail address or to the delivery address of the Seller's warehouse: MycoMedica, Tomkova 53, Police nad Metují 54954. Withdrawal from the Purchase Contract will be sent by the Buyer to the Seller's email or delivery address specified in these General Terms and Conditions. The Seller shall confirm to the Buyer the receipt of the form without delay.

4. The Buyer who has withdrawn from the Contract is obliged to return the goods to the Seller within 14 days of withdrawal from the Contract. The Buyer is obliged to use a standard postal parcel to return the goods. The Buyer bears the costs associated with returning the goods to the Seller. 

5. If the Buyer withdraws from the Contract, the Seller shall return to them immediately, but no later than 14 days from the return of the goods, all funds, including delivery costs, which the Seller received from the Buyer, in the same way as the payment received from the Buyer. The Seller shall return the received funds to the Buyer in another way only if the Buyer agrees so and if the Seller does not incur additional costs. Postage/packaging fees are non-refundable.

6. The Buyer must return the goods to the Seller undamaged and unused, in the original unopened packaging of the goods. The Seller is entitled to unilaterally settle a claim for damages against the Buyer's claim for the return of the purchase price. The Buyer is obliged to return the goods together with the invoice (original or copy). Goods returned cash on delivery of the Seller will not be accepted by the Seller and are therefore not considered proper return of goods.

7. The Seller is entitled to withdraw from the Purchase Contract due to the goods being sold out, unavailability of goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The Seller shall immediately inform the Buyer via the email address specified in the order and return, within 14 days of notification of withdrawal from the Purchase Contract, all funds, including delivery costs received from the Buyer under the Contract, in the same way or in the manner specified by the Buyer.


VII.
Rights from Defective Performance

1. The Seller is responsible to the Buyer that the goods are free of defects upon taking delivery, in particular that they were in the appropriate quantity, weight and quality upon delivery. If the period for which the goods can be used is indicated on the goods sold, on their packaging or in the instructions attached to the goods, the provisions on the quality guarantee shall apply. By guaranteeing the quality, the Seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. 

2. The Buyer has the choice of the method of complaint. In the event of a defect in the goods, the Buyer may submit a complaint to the Seller and request:
a) exchange for new goods;
b) repair (addition of missing goods;
c) a reasonable discount on the purchase price;
d) withdrawal from the Contract.

3. The Buyer has the right to withdraw from the Contract only if the goods have a material defect. A breach of contract is significant if the breaching party already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if it had foreseen such breach. In the event of a defect that constitutes a minor breach of contract (regardless of whether the defect is remediable or irremediable), the Buyer is entitled to exchange of goods or a reasonable discount on the purchase price. 

4. When making a complaint, the Buyer is obliged to inform the Seller which right is chosen. It is not possible to change the choice without the consent of the Seller. If the Buyer does not choose their right from a material breach of contract in time, they have the same rights as in the case of a minor breach of contract. If the exchange or replenishment of the missing goods is not possible, upon withdrawal from the Contract, the Buyer may demand a refund of the purchase price in full. If the Buyer knew about the defect of the goods before taking delivery or caused it themselves, the Seller is not obliged to comply with the Buyer's claim. The Buyer cannot claim discounted goods for the reason for which the goods are discounted.

5. The Seller is obliged to accept complaints in any of its establishments in which it is possible to accept complaints, or at the Seller's registered office. The Seller is obliged to issue a written confirmation to the Buyer about when the Buyer exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires, as well as confirmation of the date and method of handling the complaint, or written justification for rejecting the complaint.

6. The Seller decides on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product needed for a professional assessment of the defect. The complaint shall be settled no later than 30 days from the date of the complaint unless the Seller agrees with the Buyer on another date. The expiration of this period in vain is considered a material breach of contract and the Buyer has the right to withdraw from the Purchase Contract. The moment of warranty claim is considered to be the moment when the expression of the will of the Buyer (exercise of the right from defective performance) is delivered to the Seller. The Seller informs the Buyer by email about the result of the complaint. 

7. The Buyer does not have the right from defective performance if the Buyer knew before the taking delivery of the item that the item was defective or if the Buyer themselves caused the defect. In the case of a justified complaint, the Buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. The Buyer can exercise this right with the Seller within one month after the expiration of the warranty period or quality guarantee. The Buyer is not entitled to warranty if the defect is caused by an external event after the transfer of the risk of damage to the goods to the Buyer.

8. The rights and obligations of the Contracting Parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and by Act No 634/1992 Coll., on consumer protection.


VIII.
Delivery

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

2. The Buyer delivers correspondence to the Seller to the email address specified in these General Terms and Conditions. The Seller delivers correspondence to the Buyer to the email address specified in their customer account or in the order.


IX.
Personal Data

1. All information provided by the Buyer during cooperation with the Seller is considered confidential. Unless the Buyer gives written permission to the Seller, the Seller shall not use the Buyer's data other than for the purpose of performance of the contract, except for email addresses to which commercial communications may be sent, as this procedure is permitted by law unless expressly rejected. These communications may only concern similar or related goods and the Buyer may unsubscribe at any time in a simple manner (by sending a letter, email or by clicking on a link in the commercial communication). The email address shall be kept for this purpose for a period of 3 years from the conclusion of the last contract between the Contracting Parties. 

2. More detailed information on personal data protection 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 are published on the on the website of the Seller pursuant to Article I (1) of this Contract.


X.
Out-of-Court Settlement of Consumer Disputes

1. Out-of-court settlement of consumer disputes arising from the Purchase Contract is the responsibility of the Czech Trade Inspection Authority with its registered office at Štìpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs. A platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes online between the Seller and the Buyer.

2. Contact point 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/ES (Regulation on consumer ODR) is the European Consumer Centre Czech Republic with its registered office at Štìpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz


XI.
Special Provisions for Corporate Customers

1. These General Terms and Conditions also regulate the mutual rights and obligations of the Seller and the person who enters into the Purchase Contract within their business activities (Corporate Customer), through a web interface located on the Seller's website available at www.caremedica.cz, www.mycomedica.cz, www.mycomedica.pl, www.mycomedica.sk, www.yaomedica.cz, www.yaomedica.pl and www.yaomedica.sk.

2. The Corporate Customer is obliged to take the goods through the Online Shop on the basis of these General Terms and Conditions exclusively for their business needs (purchase of goods for resale), i.e., for the purpose of delivery of goods to the end consumer. It is prohibited to deliver goods purchased through the Seller's Online Shop to another person who concludes a Purchase Contract as part of their business activities, i.e., for the purpose of reselling the Seller's goods (wholesalers).

3. In the event of a breach of this obligation referred to in point 2, the cooperation with such Corporate Customer shall be immediately terminated and their customer account cancelled, with the Seller being entitled to a contractual penalty of 50% of the purchase price of goods collected and sold by the Corporate Customer to another person for resale, but at least CZK 100,000 for each case of violation of this obligation. The contractual penalty is payable at the written request of the Seller within 7 days of its delivery to the Buyer.

4. The Corporate Customer is obliged to represent the Seller and its goods in an appropriate manner on its website and use promotional materials, especially texts, photos, films, trademarks, logos and other content and elements of the Seller, which will be provided by the Seller based on a special written contract. This contract will regulate in particular the scope and duration of the use of this intellectual property of the Seller by the Corporate Customer in their business activities.

XII.
Special Provisions for Wholesale Customers

1. These General Terms and Conditions also regulate the mutual rights and obligations of the Seller and the person who enters into the Purchase Contract within its wholesale activities (Wholesale Customer), through a web interface located on the Seller's website available at www.mycomedica.cz, www.mycomedica.pl, www.mycomedica.sk, www.yaomedica.cz, www.yaomedica.pl and www.yaomedica.sk. The condition for concluding the Purchase Contract with the Wholesale Customer via these web interfaces is the prior conclusion of a framework purchase agreement between the Seller and the Buyer.

2. In the case of concluding a framework purchase agreement with the Seller, the Wholesale Customer is entitled to purchase goods through the Online Shop on the basis of these General Terms and Conditions, exclusively for its wholesale needs (purchase of goods for resale to persons entering into a purchase contract for the purpose of resale of the goods of the Seller to end consumers) and in accordance with the concluded framework purchase agreement.

3. In the event of a breach of this obligation referred to in point 2, cooperation with such a Wholesale Customer shall be terminated immediately and its Customer Account shall be cancelled, and the Seller shall be entitled to a contractual penalty of 50% of the purchase price of goods collected and sold by the Wholesale Customer to the end customer (consumer), but at least in the amount of CZK 500,000 for each case of breach of this obligation. The contractual penalty is payable at the written request of the Seller within 7 days of its delivery to the Buyer.

4. The Wholesale Customer is obliged to represent the Seller and its goods in an appropriate manner on their website and use promotional materials, especially texts, photos, films, trademarks, logos and other content and elements of the Seller, which will be provided by the Seller under the framework agreement. This contract will regulate in particular the scope and duration of the use of this intellectual property of the Seller by the Wholesale Customer in their business activities.

XIII.
Final Provisions

1. All agreements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, the Parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legislation.

2. All disputes between the Parties arising from the legal relations established by this Contract or in connection with it shall be resolved primarily by mutual negotiations with all efforts to reach an amicable settlement, or through a mediator that they jointly choose. In the event that the Contracting Parties do not reach an amicable settlement of a dispute arising from the legal relations established by this Contract by mutual agreement, the dispute will be decided by a court.

3. The concluded Purchase Contract is stored in electronic form with the Seller that will allow the Buyer to access to it upon request. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) of the Civil Code. The Buyer hereby accepts the risk of a change in circumstances in the sense of Section 1765 (2) of the Civil Code.

Copying, editing or use of texts, photos, films, trademarks, logos and other content and elements of the Seller, including its website or parts thereof, without the consent of the Seller is prohibited. The Seller is entitled to enforce its rights to intellectual property in accordance with special legislation, in particular in accordance with Act No 221/2006 Coll., on enforcement of industrial property rights and protection of trade secrets, as amended, and in accordance with Section 2976 et seq., on unfair competition according to the Civil Code.
 
4.    The Seller is not responsible for errors caused by third party interventions in the Online Shop or as a result of its use contrary to its purpose. When using the Online Shop, the Buyer may not use procedures that could adversely affect its operation and may not perform any activity that could allow them or third parties to interfere or use the software or other components that make up the Online Shop in an unauthorized manner and use the Online Shop, its parts or software in such a way that would be contrary to its purpose. 

5. The Seller may amend or supplement the wording of the General Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the General Terms and Conditions. Attached to these General Business Terms and Conditions is a sample form for withdrawal from the contract for consumers.

These General Terms and Conditions take effect on 20.5.2022

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