These terms and conditions regulate, in accordance with the provisions of § 1751 paragraph 1 of the Civil Code, mutual rights and obligations arising in connection with or on the basis of a purchase contract concluded between the seller and the buyer through the seller’s online store. The online store is operated by the seller on a website located at www.unique-therapeutics.com/eshop , which is operated by UNIQUE THERAPEUTICS GLOBAL s.r.o. The conditions specify the rights and obligations of the seller and the buyer in more detail. These terms and conditions (hereinafter referred to as “terms and conditions”) were prepared in accordance with the provisions of Act No. 89/2012 Coll., Civil Code, as amended (hereafter referred to as “OZ”) and Act no. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as the “Act”), and other effective legal regulations.
Definition of terms
The buyer is a consumer or entrepreneur.
A consumer buyer, or just a consumer, is a person who, unlike the seller, does not act within the framework of his business activity or in the independent performance of his profession when concluding and fulfilling the contract.
A buyer who is not a consumer is an entrepreneur. An entrepreneur is also considered to be any person who concludes contracts related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts on behalf of or on behalf of an entrepreneur.
An offer is a legal act leading to the conclusion of a contract if it contains the essential elements of the contract so that the contract can be concluded by its simple and unconditional acceptance, and if it implies the will of the proposer to be bound by the contract if the offer is accepted.
It is considered that a proposal to deliver goods or provide a service at a specified price made in the course of business activity by advertising, in a catalog or by displaying goods is an offer subject to the exhaustion of stocks or the loss of the entrepreneur’s ability to perform.
Contact details
Name: UNIQUE THERAPEUTICS GLOBAL, s.r.o
Registered office: Na Luhách 1559/14, Ústí nad Labem 400 01
ID: 10756272
VAT number: CZ 10756272
File number: C 46951 kept at the Regional Court in Ústí nad Labem
Email: info@uniquetherepeutics.com
Price information
The information about the goods and the price stated by the seller are binding, except for an obvious error. Prices are presented inclusive of all taxes (e.g. VAT) and fees, excluding delivery costs (postage).
The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
- in cash on delivery at the place specified by the buyer in the order;
- by cashless transfer to the seller’s account, account number 1955076002/5500, held at Raiffeisen Bank, IBAN: CZ35 5500 0000 0019 5507 6002 SWIFT: RZBCCZPP;
- cashless online with a payment card via the PayU payment gateway;
Payment terms
Order and conclusion of purchase contract
The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself.
The buyer orders the goods in the following ways:
• through your customer account, if you have previously registered in the online store,
• by filling out the order form without registration.
When placing an order, the buyer selects the goods, the number of goods, the method of payment and delivery.
Before sending the order, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking the SEND ORDER button; the data given in the order are considered correct by the seller. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the buyer that he has become familiar with these terms and conditions.
Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when placing the order. This confirmation is automatic and does not constitute a contract. The seller’s current terms and conditions are attached to the confirmation. The purchase contract is concluded only after the order has been accepted by the seller. Notification of order acceptance is delivered to the buyer’s email address.
If the seller cannot fulfill any of the requirements stated in the order, he will send the buyer an amended offer to his email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the buyer’s confirmation of acceptance of this offer to the seller at his email address specified in these terms and conditions.
All orders accepted by the seller are binding. All orders are delivered in the Czech Republic within 2-3 working days. They are delivered abroad according to the selected transport method within 3-7 working days. The buyer can cancel the order until the buyer receives a notice of acceptance of the order by the seller. The buyer can cancel the order by phone at the seller’s phone number or email listed in these terms and conditions.
In the event that there was an obvious technical error on the part of the seller when indicating the price of the goods in the online store, or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously incorrect price, even if the buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The seller informs the buyer of the error without undue delay and sends the buyer an amended offer to his e-mail address.
The amended offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by confirmation of acceptance by the buyer to the seller’s email address.
Proof of sales
According to Act no. 112/2016 Coll., on the registration of sales, as amended (hereinafter referred to as the “Act on the registration of sales”), the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.
The seller issues receipts in accordance with the Sales Registration Act in electronic form sent by e-mail or in paper form depending on the chosen payment method and method of transport.
Customer account
Based on the buyer’s registration in the online store, the buyer can access his customer account. The buyer can order goods from his customer account. The buyer can also order goods without registration.
When registering for a customer account and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
The buyer is not authorized to allow the use of the customer account by third parties.
The seller can cancel the user account, especially if the buyer no longer uses his user account, or if the buyer violates his obligations under the purchase contract and these terms and conditions.
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 necessary maintenance of hardware and software equipment of third parties.
Right to withdraw from the contract
If the purchase contract is concluded using means of remote communication (in the online store), the consumer has the right to withdraw from the contract without giving a reason within 14 days of receiving the goods, in accordance with the provisions of § 1829, paragraph 1 of the Commercial Code.
Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous paragraph, and the consumer will state in it that he is withdrawing from the contract, ideally with the order number, the date of purchase and, if applicable, the account number for the refund.
To withdraw from the purchase contract, the consumer can also use the sample form provided by the seller.
Withdrawal from the purchase contract can be sent by the consumer to, among other things, the address of the seller’s registered office or place of business , to an email (info@uniquetherapeutics.com) or to the seller’s e-mail address.
In the event that the consumer withdraws from the contract according to the preceding paragraphs, the seller will return the funds received from the consumer (except for the amount representing additional costs for the delivery of the goods incurred as a result of the method of delivery of the goods chosen by the consumer, which is different from the cheapest method of standard delivery of the goods offered by the seller) to 14 days from the withdrawal from the purchase contract by the consumer, in the same way as the seller accepted them from the consumer, unless the consumer specifies otherwise. The seller is also entitled to return the performance provided by the consumer when the goods are returned by the consumer or in another way, if the consumer agrees and no additional costs are incurred by the consumer.
If the consumer withdraws from the purchase contract, the seller is not obliged to return the received funds to the consumer before the consumer returns the goods to him or proves that he has sent the goods to the seller.
However, the provisions of the OZ on withdrawal from the contract within a period of 14 days according to § 1829 paragraph 1 of the OZ cannot be understood as the possibility of free loan of goods. In the case of exercising the right to withdraw from the contract within 14 days of taking over the goods according to § 1829, paragraph 1 of the Civil Code, the consumer must hand over to the seller everything that he obtained on the basis of the contract in question, including e.g. gifts. If this is no longer possible (e.g. the goods have been destroyed or consumed in the meantime), the consumer must provide monetary compensation for what can no longer be issued.
If the returned goods are partially damaged, the seller can assert the right to compensation for damages against the consumer and offset his claim against the returned purchase price and thus return the reduced purchase price to the consumer in accordance with § 1833 of the Civil Code.
The consumer does not have the right to withdraw from the contract in the cases specified in § 1837 of the Civil Code.
The seller is entitled to withdraw from the purchase contract due to the stock being sold out, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped the production or importation of the goods. The seller immediately informs the buyer via the e-mail address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all funds, including delivery costs, that he received from him on the basis of the contract, in the same way, or in a way specified by the buyer.
Rights and obligations from defective performance
Quality upon receipt
If, at the time when the buyer took over the item, the received goods have deficiencies (e.g. do not have the agreed or legitimately expected properties, are not suitable for the usual or agreed purpose, are not complete, do not correspond to their quantity, measure, weight, or quality do not correspond to other legal, contractual or including pre-contractual parameters), these are defects in the goods for which the seller is responsible.
The buyer consumer can apply to the seller, no later than two years after taking over the goods, according to his request, a claim for free removal of the defect or for a reasonable discount on the price; if it is not disproportionate to the nature of the defect (especially if the defect cannot be removed without unnecessary delay), a demand for the delivery of a new item without defects or a new component without defects can be applied, if the defect concerns only this component.
If the repair or replacement of the goods is not possible, based on withdrawal from the contract, the purchasing consumer may request a full refund of the purchase price.
If a defect becomes apparent within six months of receipt of the goods by the buyer, the item is deemed to have been defective upon receipt.
The seller is not obliged to comply with the claim of the buyer-consumer if he proves that the buyer-consumer knew about the defect of the goods before taking over or caused it himself.
In the case of sold used goods, the seller is not responsible for defects corresponding to the degree of previous use or wear. For items sold at a lower price, the seller is not responsible for the defect for which the lower price was negotiated. Instead of the right to exchange, the purchasing consumer has the right to a reasonable discount in these cases.
Legal rights from defects
The purchasing consumer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt
The purchasing entrepreneur is entitled to exercise the right from a defect that the item had when the risk of damage passed to the buyer, even if it becomes apparent only later. The right of the buyer entrepreneur is also established by a defect that arose later, which the seller caused by breaching his obligation.
The buyer is obliged to notify the seller of the defect without undue delay after he could have discovered it during a timely inspection and sufficient care.
Within this period, the buyer-consumer is entitled to file a claim and, at his option, demand for a defect that constitutes a material breach of the contract (regardless of whether the defect is removable or non-removable):
- removing a defect by delivering a new item without a defect or by supplying a missing item;
- free removal of the defect by repair;
- a reasonable discount from the purchase price,
- refund of the purchase price on the basis of withdrawal from the contract
A material breach of contract is one which the breaching party already knew or had to know at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen this breach.
In the case of a defect that means an insignificant breach of the contract (regardless of whether the defect is removable or non-removable), the buyer-consumer is entitled to the removal of the defect or a reasonable discount from the purchase price.
If a removable defect has occurred repeatedly after repair (the third complaint for the same defect or the fourth for different defects) or the goods have a greater number of defects (at least three defects at the same time), the purchasing consumer can exercise the right to a discount on the purchase price, exchange of goods or withdraw from contracts.
The seller is not responsible for defects resulting from normal wear and tear or failure to follow the instructions for use.
Return conditions
Complaint processing
(more detailed information can be found in the Complaints Procedure section)
The buyer is obliged to file a claim with the seller or the person designated for repair without undue delay after discovering the deficiency. If he does so in writing or electronically, he should state his contact details, a description of the defect and a request for the method of handling the complaint.
Upon notification of a defect, or without undue delay after notification of a defect, the buyer is obliged to inform the seller of the right (method of settlement of the complaint) he has chosen.
A change of choice without the consent of the seller is possible only if the buyer requested the repair of a defect that turns out to be irreparable.
If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in case of a non-material breach of contract.
The buyer is obliged to prove the purchase of the goods (preferably with a proof of purchase). The deadline for processing a complaint starts from the handover/delivery of the goods to the seller or to the place intended for repair. The goods should be packed in suitable packaging during transport to avoid damage, they should be clean and complete.
The seller is obliged to make a decision on the claim without delay, within three working days at the latest, or on the fact that a professional assessment is required for the decision. Information about the need for a professional assessment will be communicated to the buyer within this period. The seller will handle the consumer buyer’s complaint, including the removal of the defect, without undue delay, no later than 30 days after its application, unless a longer period is agreed upon in writing with the consumer buyer. After the expiration of this period, the buyer-consumer has the same rights as if there had been a material breach of the contract.
If the seller refuses to remove the item’s defect, the buyer-consumer can demand a reasonable price discount or withdraw from the contract.
The warranty period is extended by the time from the application of the complaint until its settlement or until the time when the buyer was obliged to pick up the item.
The seller undertakes to inform the buyer about the settlement of the complaint by e-mail or SMS.
In the case of a justified complaint, the buyer is entitled to reimbursement of the costs incurred.
Personal data protection
When you use our services, we collect various types of data, such as your username and password, your contacts, and other settings. We track which products you view on our website and from which device, which of our e-mail offers interested you, and we derive additional data about you from this in order to show you tailored offers and to further improve our website in the future. If you shop with us or create an account, we also work with your first and last name, your orders and the information you set up in your account.
We process the following personal data:
- identification data, which in particular means first and last name, username and password, or identity card number if you are buying in installments, ID number and VAT number if you are an entrepreneur;
- contact details, which means personal details that enable us to contact you, in particular your email address, telephone number, delivery address, billing address and your contact on social networks;
- your settings, which means data in your account, in particular saved addresses and profiles, newsletter settings, membership in loyalty programs, shopping lists, monitored products (so-called watchdogs), your evaluation of products and services and completed questionnaires;
- data about your orders, which are in particular data about the goods and services you ordered, the method of delivery and payment, including the payment account number and data about complaints;
- data about your behavior on the website, including when you view it through our mobile application, in particular the goods and services you view, the links you click on, the way you move around our website and scroll the screen, as well as data about the device from which you you browse our website, such as the IP address and location derived from it, device identification, its technical parameters such as the operating system and its version, screen resolution, the browser used and its version, as well as data obtained from cookies and similar technologies for device identification;
- data about your behavior when reading the messages we send you, in particular the times of opening the messages, as well as data about the device on which you read the messages, such as the IP address and the location derived from it, device identification, its technical parameters such as the operating system and its version, resolution screens, used browser and its version;
- derived data, which means personal data derived from your settings, data about the goods and services you purchase from us, data about your behavior on the website and data about your behavior when reading emails we send you; in particular, this is data about your gender, age, financial situation, purchasing behavior and relationship to various goods and services;
- data related to the use of the call center or a visit to the store, which are in particular records of telephone calls with the call center, identification of the messages you send to us, incl. identifiers such as IP addresses and recordings from in-store camera systems.
Your information obligation towards the buyer in the sense of Art. 13 Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”) related to the processing of the buyer’s personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiating the purchase contract and for the purpose of fulfilling the seller’s public obligations is performed by the seller by means of a special document.
Dispute resolution
Mutual disputes between the seller and the buyer are resolved by the general courts.
According to Act no. 634/1992 Coll., on consumer protection, as amended, the right to an out-of-court settlement of a consumer dispute from a purchase contract or from a contract for the provision of services. The entity that is authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection. More information is available on the website www.coi.cz.
An out-of-court settlement of a consumer dispute is initiated exclusively at the request of the consumer, and only if the dispute could not be resolved directly with the seller. The proposal can be submitted no later than 1 year from the day the consumer exercised his right, which is the subject of the dispute, with the seller for the first time.
The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.
This procedure is not mediation according to Act no. 202/2012 Coll., on mediation, as amended, or by arbitration under Act no. 216/1994 Coll., on arbitration proceedings and enforcement of arbitration awards, as amended, and its use does not affect the right of the parties to address their claim to the Czech Trade Inspection or to court.
During the duration of negotiations on the out-of-court settlement of the dispute, the limitation and preclusion periods according to the Civil Code do not run or begin to run, until one of the parties to the dispute expressly refuses to continue the negotiations.
Supervision of compliance with obligations under Act No. 634/1992 Coll., on consumer protection, as amended, is carried out by the Czech Trade Inspection (www.coi.cz).
The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Czech Trade Inspection carries out, to a defined extent, among other things, the supervision of compliance with Act No. 634/1992 Coll., on consumer protection.
Final provisions
All arrangements between the seller and the buyer are governed by the legal order of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.
In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
All rights to the Seller’s website, in particular copyright to the content, including page layout, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the seller.
The seller is not responsible for errors arising as a result of interventions by third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the online store and use the online store without authorization, or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
These terms and conditions take effect on 1 October 2024
